090799 Planning AGENDA
PLANNING COMMISSION MEETING OF SEPTEMBER 7, 1999
CITY OF NEW HOPE, MINNESOTA
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
* 4.1 Case 99-19 Request for a Conditional Use Permit to Allow a Gymnastics School in an I-1
Industrial Zoning District, 3971 Quebec Avenue North, Samir Draoui/Northwest
Gymnastics School/Winnetka Properties, Petitioners
* 4.2 Case 99-18 Request for Concept/Development Stage Planned Unit Development, Variance
to the Side Yard Setback Requirement, Preliminary Plat Approval, and
Comprehensive Sign Plan for the Construction of a New Walgreens Store and
a Freestanding Commercial Building, at the Northeast Corner of 42nd/Winnetka
Avenues, Semper Development Ltd./John Kohler, Petitioner
5. COMMI'I'rEE REPORTS
5.1 Report of Design & Review Committee - Next Meeting: Thursday, September 16, at 8 a.m.
5.2 Report of Codes & Standards Committee
5.3 Report of Comprehensive Plan Update Committee - to be scheduled
5.4 RepOrt of Zoning Code Update Committee - to be scheduled in October
6. OLD BUSINESS
6.1 Miscellaneous Issues
7. NEW BUSINESS
7.1 Review/Approval of Planning Commission Minutes of August 4, 1999.
7.2 Review of City Council Minutes of July 26 and August 9, 1999.
7.3 Review of EDA Minutes of August 9, 1999.
8. ANNOUNCEMENTS
9. ADJOURNMENT
· Petitioners are required to be in attendance
· Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. Th ~
Planning Commission will recommend Council approval or denial of a land use proposal based upon the
Planning Commission's determination of whether the proposed use is permitted under the Zoning Code
and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will Utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is invited to describe the proposal, make. comments on the staff report, and answer
questions from the Planning Commission.
4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The Chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your questions/comments are for the record.
6. Direct your questions/comments to the Chair. The Chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. ,At the close of the public hearing, the Planning Commission will discuss the proposal and take
appropriate action.
A~ If the Planning' Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually this
meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
PLANNING CASE REPORT
City of New Hope
Meeting Date: September 7, 1999
Report Date: September 3, 1999
Planning Case: 99-19
Petitioner: Samir Draoui / Northwest Gymnastics School
Property Owner: Winnetka Properties
Address: 3971 Quebec Avenue North
Request: Conditional Use Permit
I. Request
The petitioner is requesting a conditional use permit to allow a gymnastics school in an I-1 Industrial
Zoning District, pursuant to Sections 4.144(4) and 4.21 of the New Hope Code of Ordinances.
II. Zoning Code References
The Zoning Code allows "specialty schools" such as gymnastic training, which require building design
features (height, clear span roof, etc.) typically found in industrial buildings exclusively, by conditional
use permit in the I-1 Zoning District, provided that:
(a) Hours. School may operate only between the hours of 6 a.m. to 10 p.m. daily.
(b) Schedulin.q of Special Events. All special events (exhibitions, etc.) must be scheduled on night,
weekend or holiday times so as to eliminate conflict with daily work traffic and parking demand.
(c) Code Compliance. Compliance with City and State life and safety codes.
II1. Property. Specifications
Zoning: I-1, Limited Industrial Zoning District
Location: On Quebec Avenue, east of Winnetka and south of 42n~ Avenue
Adjacent Land Uses: R-1 and R-2 single-family and single/two-family residential across Winnetka
Avenue to the west; R-O residential/office to the southwest (Holy Nativity
Church); I-1 Limited Industrial to the northwest, southeast and east; B-4
Community Business (YMCA) to the north.
Site Area: 320' x 900' = 292,224 square feet (6.7 acres)
Building Area: No change; two buildings on site. Existing east building is 26,880 square feet
with four tenant spaces
Lot Area Ratios: No change; 30% green, 32% building, 38% asphalt
Planning District: No. 14; Primary land use objective for this District is the retention and in-place
expansion of the industrial land uses.
Specific Information: Existing building(s) were expanded about 90% in 1994 to the present size.
Available ponding, loading and parking (155 spaces) conforms to code. Major
tenant is Versa Die Cast occupying the entire west building. Property is below
Winnetka Avenue elevation, sloping down 10 feet from west to east.
Planning Case Report 99-19 Page I 9/3/99
IV. Background ~
Northwest Gymnastic School has submitted an application to obtain a conditional use permit to allow for
a specialty school teaching gymnastics in the I-1, Limited Industrial Zoning District. The business would
operate out of a building located in the Winnetka Properties at 3943 Quebec Avenue North. Due to the
limited space, the facility will only be used for gymnastic instruction. No competition events will be held
on site. The hours of operation will be Monday through Friday, 9 a.m. to 9 p.m. and Saturday 9 a.m. to 4
p.m.
Twin warehouses were built in 1976 on the east half of this land. In 1994, a major expansion to the west
building maximized the development on the property.
V. Petitioner's Comments
The petitioner stated in his correspondence that "Northwest Gymnastics School (NGS) will be a
community based gymnastics school and training center. NGS will have boys and girls gymnastics
education and training programs that will offer classes for children from beginning levels to advanced
competitive levels. The gym will be used exclusively for teaching, as available space is
insufficient to hold competition. Hours of operation will be as follows: Monday to Friday 9 a.m.
to 9 p.m. and Saturday 9 a.m. to 4 p.m.
The goal of NGS is to provide programs that offer the opportunity for human expression, self-discovery,
and the joy of effort through challenging fun activities of gymnastics. Our philosophy is that each
student will learn at his or her own pace and that our students will strive for 'personal best,' not only in
the gymnastics arena, but also in all that life has to offer. We feel strongly that true success is not
measured simply in victories, but the confident knowledge that one does his or her best. Teaching and
practicing gym safety will be a priority of the school.
The school will be owned and operated by Samir Draoui. Samir has an outstanding coaching and
teaching background in gymnastics. He has coached both boys and girls and has taught all levels of
classes from pre-school and coached to the highest levels of competitive teams. He has a reputation in
the area for being an outstanding teacher and coach in the sport of gymnastics. Samir's background
and abilities will attract other coaches and instructors of the same caliber. The staff of NGS will be
USAG certified to provide safe and fun instruction and coaching for all levels of gymnasts."
VI. Notification
Property owners within 350 feet of the request were notified and staff received no comments.
VII. Development Analysis
A. Zonin.q Code Criteda
Conditional Use Permit
1. The purpose of a Conditional Use Permit is to provide the city with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the.
general welfare, public health, and safety. In making this determination, whether or not the
conditional use is to be allowed, the City may consider the nature of adjoining land or
buildings, whether or not a similar use is already in existence and located on the same
premises or on othei' lands close by, the effect upon traffic into and from the premises, or on
any adjoining roads, and all such other or further factors as the City shall deem a requisite for
consideration in determining the effect of such use on the general welfare, public health, and
safety.
2. Other general criteria to be considered when determining whether to approve or deny a conditional
use permit include:
Planning Case Report 99-19 Page 2 9/3/99
.- . A) Comprehensive Plan. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the official Comprehensive
Municipal Plan of the City.
B) Compatibility. The proposed use is compatible with its adjacent land uses.
C) Performance Standards. The proposed use conforms with all applicable performance
standards contained in the Code.
D) No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
E) Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets
the criteria specified for the various zoning districts:
1) In Industrial Districts (I-1, I-2):
a) Nuisance. Nuisance characteristics generated by the use will not have an adverse
effect upon existing or future development in adjacent areas.
b) Economic Return. The use will provide an economic return to the community and
commensurate with other industrial uses that the property could feasibly be
used for. In considering the economic return to the community, the Planning
Commission and City Council may give weight to the sociological impact of a proposed
use, both positive and negative.
B. Development Review Team
The Team supported the concept, but wanted clearer plans, identified parking, confirmation of the
hazardous business scope nearby and confirmation of exterior lighting.
C. Design & Review Committee
The Design & Review Committee met with the petitioner on August 18 and supported the concept,
but wanted the property owner to cooperate with staff on evaluating the hazardous acid operation's
condition in the adjacent building bay and clarification of parking, lighting and signs. The Committee
also requested that the tenant space be identified on the site plan and requested a corrected floor
plan. Revised plans were submitted as a result of the meeting.
D. Plan Description
The revised plans include the following details:
(1) Tenant Space - The proposed location of the tenant space is shown to be in the north end of the
easterly building and is approximately 3,600 square feet.
(2) Parking - City Code requires specialty schools to provide 1.5 parking stalls for every two
students enrolled in the school. The petitioner has indicated in correspondence that the
maximum number of students is estimated to be 30, therefore, 22 parking spaces are required.
The site plan shows that 22 spaces, including one accessible space, will be provided on the
north and east sides of the building.
(3) Liqhtinc~ - The site plan shows that wall pack lights will be located on the north and east sides of
the building/tenant space.
(4) Floor Plan - A corrected floor plan has been submitted that shows a solid wall divides the
gymnastics area from the adjacent building bay and the Building Official has confirmed that the
hazardous occupancy discussed is located 60 feet south of the gym space, not adjacent. The
floor plan identifies office area, restrooms, and gymnastics training area/equipment. The building
elevation shows the entrance on the east side of the building. The floor plans indicate a
mezzanine above the existing office, which is identified "for employee use only/coaches lounge."
Planning Case Report 99-19 Page 3 9/3/99
(5) Landscaping - No change in landscaping is proposed as a significant amount of landscaping-.,
was installed with the building expansion/site upgrade in 1995.
(6) Si(~na(~e - A small "NGS" identification sign is shown near the entrance on the east side of the
building and is in compliance with the previously approved Comprehensive Sign Plan for the
buildings.
(7)'Refuse - A trash storage area is identified on the west side of the building and was approved
with the previous upgrades.
E. Planning Considerations
The Planning Consultant has reviewed the request and made the following comments:
Within the I-1 Zoning District, gymnastic schools are allowed by CUP. The following conditions apply
to this conditional use permit:
(1) Hours of Operation - The New Hope Zoning Ordinance restricts hours of operation to 6 a.m. to
10 p.m. daily. The applicant's hours of operation comply with these standards.
(2) Special Events - The proposed facility will be used solely for gymnastics instruction. The facility
is too small to conduct competitions.
(3) Parkin.q Requirements - The City Ordinance requires specialty schools to provide 1.5 parking
stalls for every two students enrolled in the school. Based on the enrollment estimate of 30
students as provided and discussed at the Design & Review Committee meeting, the facility is
required to provide 22 parking stalls. The applicant's site plan indicates 22 parking stalls located
at the north and east sides of the building will be designated for the gymnastic school.
Per staff direction, the applicant illustrated parking lot lighting for areas intended to be used by
the school.
(4) Building Code Compliance - Staff noted the need to have a solid wall separation between the
school and adjoining tenant bay. The revised floor plan illustrates compliance with this
recommendation.
The applicant has indicated that the building mezzanine would not be opened to the public, but
used solely by school staff.
F. Buildinq/Fire Considerations
The building has auto fire-sprinklers and routine uses with one exception: Some problems occurred
with an acid-based plating operation that used to lease the center of the building, "RSP Plating."
They were caught violating pollution laws and vacated, but "North Star Finishing" moved into the
same space a few years ago with the same use under a lease from the landowner. During the
Development Review Team and Design & Review Committee meetings, concerns about the
hazardous occupancy and building C°ndition were repeated. Bringing children onto the site with an
acid operation that propped open its doors due to a lack of necessary ventilation, was a concern.
Staff met the property owner and Fire Inspectors to inspect the acid operation at the end of August
and the Building Official sent a letter listing half a dozen violations and concerns. The property
owner, Greg Harvey, agreed to retain a registered engineer to evaluate the visible corrosion
damage to steel roof system components and submit the analysis to the Building Official. Building
sewers will be checked, also.
Other than this concern, staff find that the gymnastics operation is routine.
G. En.qineerin.q Considerations
No change to grading and drainage or utilities.
Planning Case Report 99-19 Page 4 9/3/99
H. Police Considerations
The Police Department understands that this use is permitted if c°nditions in the code are met, but
have commented that it is preferred to have children in other land use districts, as a general rule.
VIII.Summary
The request is the latest of several gymnastic schools that New Hope has approved in industrial areas
since 1978. The reason is physical, since each program requires a high ceiling clearance for high bar
and trampoline exercising. Retail buildings roofs are too Iow. Issues of particular interest in these cases
include: parking adequacy, presence of sidewalks and site lighting, potential for big "Meets,"
compatibility .and safety of use next to existing industrial users/trucking, and credentials of gymnastic
coach/proponent.
This proposal includes a certified gymnastics instructor, NO MEETS, has 22 designated parking
spaces, some existing parking lot lighting, and a plan to upgrade and secure the acid-based operation
near the gymnastic space. Trucking docks are isolated to the back of this building and separated from
the proposed gymnastic entry. -
IX. Recommendation
The Northwest Gymnastics School is allowed by conditional use in the I-1 Zoning District. Upon meeting
with the Design & Review Committee, the applicant has been successful in addressing the outstanding
issues influencing the application. Based on staff and consultant review, approval is recommended with
the following conditions:
1. Twenty-two parking stalls are designated for school use.
2. Appropriate parking lot lighting is provided.
3. A solid wall separation is provided between the school and adjoining tenants.
4. Property owner cooperates on acid operation repairs within the building.
5. Annual inspection by staff for the first two years only.
Attachments: Address/Zoning Maps
Site Plans
Floor Plan
Site/Building Data
Accessible Parking Information
Exterior Signage
8/6 and 8/27 Petitioner Correspondence
Planning Consultants Report
Building Official Correspondence to Property Owner
Application Log
Planning Case Report 99-19 Page 5 9/3/99
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PRES IDENT.
NORTHWEST GYI~iNAS~IC SC~OOL, INC.
August 27, 1999
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55428
Attention: Development Review Team
Messrs. McDonald, French, Link Sandsta~, Schuster, Kurtz
City Engineer Hanson
Dear Gentlemen:
Subject: Northwest Gymnastic School
City Code 4.144 Conditional Uses
Your memo dated August 18, 1999
This is in response to your above mentioned memo. Thank you for your
willingness to support the concept of a gymnastics school for the youth
of the N'ew Hope area.
Regarding the '~Comments and RecommendationS':
- Revised site plans attaches show tenant space, parking areas,
and exterior lighting to properly illuminate outside area.
- Corrected floor plan s:hows solidY~6-adjacent space.
- The maximum number of students is estimated to be 30.
- In speaking with the building owner yesterday, I was told he
and Mr. Sandstad discussed the "~ Occupancy" matter, and it.
was deemed to not be relevant to the proposed school.
- The mezzanine will not be for use by the public - only for
a. lounge for the staff of the school.
Please permit me to reiterate my objective in establishing the gymnastic
school. It is to provide a first class physical education/gymnastic
facility for the wholesome development of the area's youth. It will be
a school of which the City of New Hope can be proud.
I look forward to receiving your positive response on this matter.
Sincerely,
August 6, 1999
City of New Hope
Re: Proposed Gymnastics School
Sir/Madam: ,,.
Northwest Gymnastics School (NGS) will be a community based ,gymnastics school and training center.
NGS will have boys and girls gymnastics education and training program that will offer classes for children
from be~nning levels to advanced competitive levels. The gym will be used exclusively for teaching, as
available space is insufficient to hold competition. Hours of operations will be as follows: Monday to
Friday, 9 am to 9 p.m.; Saturday 9 am to 4 p.m.
The goal of NGS is to provide programs that offer the opportunity for human expression, self-discovery,
and the joy of effort through challenging fun activities of gymnastics. Our philosophy is that each student
will learn at his or her own pace and that our students will strive for "personal best," not only in the
~. ~stics arena, but also in all that life has to offer. We feel strongly that mae success is not measured
simply in victories but the confident knowledge that one does his or her besL Teaching and practicing gym
safety will be a priority of the school.
The school will be owned and operated by Samir Draoui. Samir ha$ an outstallding coachillg and teaching
background in g~Tnnastics. He has coached both boys and girls and has taught all levels of classes from
pre-school and coached to the highest levels of competitive teams. He has a reputation in the area for being
an outstanding teacher and coach in the sport of gymn~cs. Samir's background and abilities will attract
other coaches and instxuctors of the mine caliber. The staff of NGS will be USAG certified to provide safe
and fun instruction and coaching for all levels of gymnasts.
Thank you for your consideration of this project.
Sincerely,
Samir Dmoui
President/Owner
Northwest Gymnastics School, Inc.
Resume attached
RESUME
SAMIR DRAOUI
Education ~.
Institute of Physical Education,Tunis,Tunisia. BS.Degree 1979.Major:Physical
Education with emphasis in Gymnastics and Track and Field. Teaching
Certificate.
Experience
1998-1999 The Gymnastics Training Center Of Rochester, Inc. Penfield .New-
York. Head Boys Programm Director.
1996-1998 The Ministry of Youth and Sports, Republic of Tunisia. Instructor of
Gymnastics -Taught and coached gymnastics at college level.
1986-1996 Minnetonka-Hopkins Gymnastics Association, Minnetonka,
Minnesota. Gymnastics Instructor and Head Boys Coach. Taught all levels of
gymnastics from preschool classes to advanced. Coached competitive boys
gymnastics at state, Regional and National levels.
1979-1986 Departement of Youth and Sport, Tunis, Tunisia. Instructor of Physical
Education. Taught physical education including gymnastics,track and
field, volleyball,soccer and basketball at the High School level. Selected,trained
and coached gymnastics for the Tunisia National Boys Gymnastics Team.
Selected, trained and coached gymnastics for the Tunisia National Girls
Gymnastics Team.
Professional
Safety Certificate from the USA Gymnastics Federation (USA).
Meet Judge Certificate (Boys) from USA.
Level 1-6 Skill Evaluator
Level 1 Professional Development Program
Level 1 Kinder Accreditation For Teacher
First Aid Certificate
PERSONAL
Fluent in English; French and Arabic. Excellent health.
Enjoys most sports and the outdoors.
SEP-~-1999 17:17 NAC Gi~ 595 9839 P.01~02
N
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Br'~us
DATE: 2 September 1999
RE: New Hope - Northwest Gymnastic School CUP Request
FILE NO: 131.01 - 99.10
BACKGROUND
Northwest Gymnastic School has submitted an application to obtain a conditional use
permit to allow for a specialty school teaching gymnastics in the I-1, Limited Industry
zoning district. The business would operate out of a building located in the Winnetka
Properties at 3943 Quebec Avenue North. Due to the limited spame, the facility will only
be used for gymnastio instruction. No competition events will be held on site. The hours
of operation will be Monday through Friday, 9 AM to 9 PM end Saturday 9 AM to 4 PM.
Attached for reference:
Exhibit A - Site Plan
Exhibit B - Proposed Intedor Layout
Exhibit C -Applicant's letter
ISSUE8 AND ANALYSIS
Within the I-1 Zoning District, gymnastic schools are allowed by CUP. The following
conditions apply to this conditional use permit:
Houm of Operation. The New Hope Zoning Ordinance restricts houm of operation to
6:00 AM to 10:00 PM daily. The applicant's hours of operation comply with these
standards.
577~ WAYZATA BOULI[V^ED. SUITE 5-~$ eT. LOUIS PARK, MINNESOTA
PHONE · I 2-595-9636 FAX G12-59S-9857 E-MAIL NAC(~WlNTERNET.COM
SEp-~7.-lC399 17:17 i'~C 612 595 c~37 P. ~_/02
SPecial Events. The proposed facility will be used solely for gymnastics instructions. The
facility is too small to conduct competitions.
Parking Requirements. The City Ordinance requires specialty schools to provide 1.5
parking stalls for every two students enrolled in the school. Based on the enrollment
estimates of 30 students provided and discussed at the Design Review Committee
meeting, the facility is required to provide 22 parking stalls. The applicant's site plan
indicates 22 parking stalls located at the north and east sides of the building will be
designated for the gymnastic school.
Per staff direction, the applicant illustrated.parking lot lighting for areas intended to be
used by the school
., Building Code Compliance. The staff noted the need to have a solid wall separation
between the school and adjoining tenant bay. The revised floor plan illustrates
compliance with this recommendation.
The applicant has indicated tl-~at the building me, zzani~ would not be opened to the public,
but used solely by school staff.
CONCLUSION
The Northwest Gymnastics School is allowed by conditional use in the I-1 Zoning Disb*ict.
Upon meeting with the Design and Review Committee, the applicant has been successful
in addressing the outstanding issues influendng his application. Based on our review, we
would recommend approval with the following conditions:
1. Twenty-two paridng stalls are designated for school use.
2. Appropriate parking lot lighting is provided.
3. A solid wall separation is provided between the school and adjoining tenants.
pc: Doug Sendsted
2
TOTAL P. 82
4401 Xylon Avenue North City Hall: 612-531-5100 City Hall Fax: 612-53, ,~ 156
New Hope, Minnesota 55428-4898 Police: 612-531-5170 Police Fax: 612-531.5174
Public Works: 612-533.4823 Public Works Fax; 812-533-7650
TDD: 612.531.5109 Fire Dep't. Fax: 812.531.5175
August 30, 1999 certified mail
Grog Harvey
Winnetka Properties
7145 Sandburg Road
Golden Valley, MN 55427 ._
Re: Warehouse Tenant ® 3963 Quebec Ave. No.: North Star Finishing, Inc.
Dear Mr. Harvey,
Thanks for meeting with me and Fire Inspectors Kurtz and Linderholm to
briefly view the interior of this tenant space on 8-26-99. We visited this
Hazardous Occupancy plating operation last week to respond to a Planning
Commission subcommittee and city staff concern about the rumored safety of
the building and vicinity near a proposed "Gymnastic School". You
introduced us to the North Star Finishing president, John Besse-Lascours.
The condition of the interior air quality and exposed steel components of
the roof structure were alarmingly poor, due to the highly acidic atmosphere.
We could only spend 15 minutes inside, before leaving because of sore throats
and watery eyes. Our observations included a variety of liquids on slab floors
under tanks and away from tanks, torn rubber membranes inside 4" liquid
curbs, working tanks with apparent corrosion and / or leaks sitting on
temporary supports in several inches of liquid acid, unmarked hazardous
material containers or improperly marked and stored hazardous material
containers, oxidizers stored next to corrosives, no building ventilation system,
power panel controls for copper plating that had an emergency shut-offwith
2 unreadable gauges, a powerful odor inside the hazardous liquid storage
room missing a fire-rated, self-closing door, and more.
We understand ttxat this plating operation has been there for many years,
under a former business name and owner. On October 21, 1993, I directed
you to obtain a structural analysis of the steel roof components in the area
occupied by RSP Plating Co. Apparently, this was not done.
continued...
Family Styled City ~ For Family Living
ORDER: Because of the east building conditions and dilapidation, I
must require you to obtain and submit a:
· MN Engineers written evaluation of corrosion damage to the building roof
components within 30 days, and
· A competent mechanical contractor's recommendation for an effective
ventilation system of the Hazardous Occupancy within 30 days.
After I receive these two reports, a decision will be made as to necessary
repairs, with possible input from the New Hope Sewer & Water Department,
Minnesota Pollution Control Agency, Metropolitan Council Environmental
Services [MCES], Minnesota Dept. of Health and the City Engineer. One
concern involves the unknown condition of the building sewer, because of our
scary municipal experience with a similar acid operation 2 blocks north of
this property whose sewer line disintegrated polluting groundwater under
several properties and "chilling" investment and development for 10-15 years.
I have asked our Public Works Dept. and MCES to inspect the downstream
City Sewer. If sewer analysis reveals any problems, repairs, soil borings and
soil/groundwater testing may be necessary.
In addition, please advise me what action was taken to resolve your
tenant- North Star Finishing's Order from MCES [copy attached] dated
A~i.ril 7, 1999.
Thanks, in advance, for your cooperation.
Kirk McDonald, Director of Community Development
Si~erely, ~
Douglas Sandgtad, Building Official / Zoning Administrator
cc; Kurtz Linderholm
New Hope Sewer & Water Dept.
MCES, Leo Hermes -Industrial Waste Section, 230 East Fifth St.,
St. Paul, MN 55101-1626
North Star Finishing, Inc.
file
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
Phone information extension extension
· was missing or waiver
99-19 Samir Draoui 8/13/99 10/12/99 12/11/99
Northwest Gymnastics School
3971 Quebec Avenue N.
Samir
3825 Inglewood Avenue S.
St. Louis Park
926-5765 or 720-7724
Greg Harvey
Winnetka Properties
7145 Sandburg Road
Minneapolis 55427
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the City received the application.
D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60-day limit, include all calendar days.
F. To calculate the 120-day limit, include all calendar days.
G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
PLANNING CASE REPORT
City of New Hope
Meeting Date: September 7, 1999
Report Date: September 3, 1999
Planning Case: 99-18
Petitioner: Semper Development Ltd. / John Kohler
Property Owners: Jay Showalter / Vernon & Kathleen Fairbrother & Kenneth & Charlene Johnson /
Fung Kong
Address: 4200 and 4210 Winnetka Avenue North and 7858 42~d Avenue North
Request: Concept/Development Stage Planned Unit Development, Conditional Use Permit for
Drive-Through Window Setback Variance, Preliminary Plat Approval, and
Comprehensive Sign Plan
I. Request
The petitioner is requesting concept/development stage planned unit development, conditional use
permit for drive-through window, variance to the north side yard setback requirement, preliminary plat
approval, and comprehensive sign plan for the construction of a new Walgreens store and a
freestanding commercial building, pursuant to Sections 4.034(4), 4.134(2), 4.19, 4.21, 4.22, 3.493, and
Chapter 13 of the New Hope Code of Ordinances.
I1. Zoning Code References
The following development applications are necessary to process the proposed development:
Preliminary Plat - The developer proposes to combine the three existing lots into two commercial lots.
CUP/PUD - The project proposes an integrated site design that provides shared access, parking, and
similar architectural amenities. Through the CUP/PUD design, flexibility pertaining to the drive-through
window design, the amount of parking, and amount of signage are being requested.
Variance - The Zoning Ordinance requires a 25-foot side yard setback where commercial properties
abut residential zoning districts. The site plan proposes a 10-foot side yard building setback against the
north property line. A variance from this required setback is being requested.
Comprehensive Si.cln Plan Approval - Although the Comprehensive Sign Plan requirements usually
apply to multi-tenant buildings and shopping centers, it is staff's opinion that this would be the
appropriate mechanism to approve signage for a two-building commercial/retail PUD because the intent
is to integrate the designs of the two buildings into one site.
III. Property Specifications
Zoning: B-4, Community Business
Location: 3 lots at NE quadrant of intersection at 42"d/Winnetka Avenues
Adjacent Land Uses: R-4 Multi-Family Residential directly to the north (Northumberland
Apartments); R-1 Single-Family Residential (80-acre Gethsemane Cemetery)
on the southwest quadrant of the intersection; B-4 Community Business to the
west across Winnetka Avenue and to the south across 42"d Avenue.
Planning Case Report 99-18 Page I 9/3/99
Site Area: 293' (42"~ Avenue frontage) x 348' (Winnetka) = 104,139 square feet (2.3,~
acres)
Building Area: Existing Buildings: 3,100 sf restaurant NEW Walgreens: 15,048 sf
3,700 sf restaurant NEW Retail: 5,000 sf
1,800 gas station
TOTAL 8,600 sf TOTAL 20,048 sf
[2.3x]
Lot Area Ratios: Existing Green Area = 5 % PROPOSED Green Area = 12.6 % [2.4x]
Planning District: No. 11; This District consists of the City Center area and the commercial
corridor along 42"d Avenue. A goal of the City is to enhance and revitalize the
commercial corridor through redevelopment and uniform streetscape design.
Specific Information: There are several easements located on the existing parcels which will need
to be vacated in conjunction with the new plat and the applicant is proceeding
with that process. A separate public hearing for the easement vacation is -..
required at the City Council level and will be included as a condition of
approval.
IV. Background
Semper Development Ltd., representing Walgreens Pharmacy, has submitted a plan for privately
redeveloping three commercial properties at the corner of Winnetka Avenue and 42nd Avenue. This
redevelopment project will involve the acquisition of 4200, 4210 Winnetka Avenue and 7858 42nd
Avenue. The existing buildings will be demolished and replaced with a 15,048 square foot freestanding
Walgreens Pharmacy and a 5,000 square foot multi-tenant retail building. This development proposal
provides the City with opportunity to redevelop three under-utilized commercial properties and introduce
new commercial growth into New Hope's commercial center area.
The Building Official indicates that the three lots were developed 30 years ago: Mobil gas station in
1964, "Mr Steak" restaurant in 1968, "Burger Chef" restaurant in 1971. Different owners and tenants
have come and gone, with minor upgrades made to the Winnetka restaurant and gas station. An "odd"
multiple driveway arrangement exists on the property, which is 95% building and asphalt covered, that
has been confusing and wasteful of real estate. Seven curb cuts used to exist on these two frontages,
reduced to six driveways about nine years ago, but the new proposal will yield two driveways.
Significant traffic safety advantages and economies result. No ponding exists on the land today.
Deterioration of two buildings is evident and one has been vacant for four years.
V. Petitioner's Comments
The petitioner states in his initial correspondence that "we are requesting to redevelop this corner into a
new freestanding Walgreens and a 5,000 square foot general retail building. This project will bring a
nice upgrade to this corner. The building will be constructed with the same finishes, face brick, and
stucco. The landscaping will be increased and a detention area will now be provided in the northeast
corner of the project.
The project will do a number of things for this corner. In addition to detention area, landscaping and
uniform building finishes, the access to this corner will also be improved. We will be removing a number
of existing access points very close to the corner and replacing them with two cuts, one on each road.
These two cuts will be shared by both buildings and by moving them away from the corner. They should
improve any existing conflicts at this intersection."
The petitioner states in later correspondence that "our proposed development contains a 15,048 square
foot Walgreens store and a 5,000 square foot general retail building. The retail building does not have a
specific user at this time. We expect from one to three tenants to occupy this building.
Planning Case Report 99-18 Page 2 9/3/99
One of the new aspects of the Walgreens building is the drive-thru pharmacy. This is a two-lane pick-up
window for prescriptions. Off the shelf items are not sold through the window. The reason for two lanes
is not heavy use, but rather to eliminate waiting in line. There are a few prescriptions that require the
pharmacist to have consultations with the intended user. These consultations can take anywhere from
one to five minutes depending on questions or concerns the customer may have. If a second customer
arrives to use the drive-thru while a lengthy consultation is taking place, they can use the second lane
and be on their way. This eliminates the concern over any backups at the drive-thru. The drive-thru
window is becoming a valuable service to the elderly, individuals with mobility handicaps, and parents
with sick children who do not want to take them out of the car.
We did take another look at the layout of our site with the thought of bringing the building closer to 42na
Avenue. With the way our building lays out both internally and externally, moving it would be difficult.
The entry, parking, drive-thru, and service area are the primary exterior elements of this building. To
make it function properly, two way circulation is needed all around the building. When you combine
these items with focusing the entry of the building, the glass entry tower, on the corner, rotating the
building is very difficult. We have tried to enhance the front of this project with pedestrian walkways to
the public sidewalk on both streets. We will certainly be implementing the development review team's
landscaping suggestions in the parking and paved areas. We will also be creating a detention area in
the northeast corner of the site to aid in the drainage and storm water concerns that Kirk McDonald and
Doug Sandstad brought to our attention at our initial meeting regarding this project.
I truly feel this project will be a very nice upgrade to this corner. The access is greatly improved with the
elimination of a number of cuts. Landscaping on the site is being expanded and improved over what is
existing. When you combine these items with the buildings that utilize the same brick, stucco, and
exterior detailing, this project will be a very nice addition to the corner of 42nd and Winnetka."
VI, Notification
Property owners within 350 feet of the property were notified and staff have reviewed the plans with some
of the current and adjacent property owners. All offered favorable comments about the proposed
development.
VII. Development Analysis
A. Zonin.q Code Criteria
1. Preliminary Plat
The proposed preliminary plat consists of combining three existing lots into two new commercial
lots, which will be known as "Annabels Addition." Perimeter drainage and utility easements and
one central storm sewer easement are proposed.
Lots - The B-4 Zoning District does not establish minimum lot area and lot width standards. The
proposed lot sizes in ^nnabels Addition are:
Area Width
Lot 1 60,767 square feet 214 feet
Lot 2 34,945 square feet 123 feet
The lots appear to offer sufficient land area to accommodate the proposed buildings.
Access/Streets - The plat abuts two county roads. Hennepin County approval of the curb cut
locations is required. Through the site redevelopment, the number of access points is being
reduced from six to two. The new curb cut location exceeds the City's requirements for setback
from the intersection. The proposed plat will dedicate additional street right-of-way along both
Winnetka Avenue and 42nd Avenue.
Planning Case RePort 99-18 Page 3 9/3/99
Easements - Ten-foot drainage and utility easements are shown along the rear and side lot lines)~,,
conformance with city standards. Oversized drainage and utility easements cover water
stormwater lines that run through the parking lot. Parking lot improvements will exist over these
easements. The City Engineer should comment as to the appropriateness of the size and location
of these utilities and easements.
As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney,
City Engineer, utility companies and Hennepin County for review and comment. Please refer to
additional comments on the preliminary plat under the City Engineer, Hennepin County and City
Attorney comment sections of this report.
The City Code states that copies of the final plat shall be submitted to the Planning Commission for
its review and recommendation, unless this requirement is waived by the Planning
Commission during its review of the preliminary plat. In order to expedite this development
proposal, the petitioner is requesting waiver of the review of the final plat by the Planning
Commission. The Planning Commission will need to make a determination as to whether it wants
to review the final plat or not.
2. General PUD Requirements
1) The purpose of a PUD is to provide for the grouping of land parcels for development as an
integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and
unplanned approach to development. It is intended to introduce flexibility of site design and
architecture for the conservation of land and open space through clustering of buildings and
activities. It is further intended that PUDs are to be characterized by central management,
integrated planning and architecture, joint or common use of parking, maintenance of open space
and other similar facilities, and harmonious selection and efficient distribution of uses.
2) The processing steps for a PUD are intended to provide for an Orderly development and
progressions of the plan, with the greatest expenditure of developmental funds being made only
after the City has had ample opportunity for informed decisions as to the acceptability of the
various segments of the whole as the plan affects the public interest. The various steps are:
A) Application Conference. Preliminary discussions.
B) General Concept Plan, Consideration of overall concept and plan.
C) Development StaRe Plan, One or more detailed plans as part of the whole final plan.
D) Final Plan. The summary of the entire concept and each Development Stage Plan in an
integrated complete and final plan.
3) The General Concept Plan provides an opportunity for the applicant to submit a plan to the
City showing his basic intent and the general nature of the entire development before
incurring substantial cost. This Concept Plan serves as the basis for the public hearing so
that the proposal may be publicly considered at an early stage. The following elements of the
proposed General Concept Plan represent the immediately significant elements which the City
shall review and for which a decision shall be rendered:
A) Overall Maximum PUD Density Ran.qe.
B) General Location of Maior Streets and Pedestrian Ways.
C) General Location and Extent of Public and Common Open Space.
D) General Location of Residential and Non-Residential Land Uses with Approximate Type and
Intensities of Development.
E) Staqin.q and Time Schedule of Development.
F) Other Special Criteria for Development.
4) The purpose of the Development Stage Plan is to provide one or more specific and
particular plans upon which the Planning Commission will base its recommendation to the
Planning Case Report 99-18 Page 4 9/3/99
-.. Council and with which substantial compliance is necessary for the preparation of the final
~ plan.
5) The evaluation of the proposed Development Stage plan shall include, but not be limited to, the
following criteria:
A) Individual Riqhts, Adequate property control is provided to protect the individual owners' rights
and property values and the public responsibility for maintenance and upkeep.
B) Traffic Plan. The interior circulation plan plus access from and onto public rights-of-way does
not create congestion or dangers and is adequate for the safety of the project residents and
the general public.
C) Open Space. A sufficient amount of useable open space is provided.
D) Privacy and Property Values. The arrangement of buildings, structures and accessory uses
does not unreasonably disturb the privacy or property values of the surrounding residential
uses.
E) Compatibility. The architectural design of the project is compatible with the surrounding area.
F) Draina.qe. The drainage and utility system plans are submitted to the City Engineer and the
final drainage and utility plans shall be subject to his approval.
G) Sound Development. The development schedule insures a logical development of the site
which will protect the public interest and conserve land.
H) Plattin.q Code. The development is in compliance with the requirements of the New Hope
Subdivision Code.
I) District Requirements. Dwelling unit and accessory use requirements are in compliance with
the district provisions in which the development is planned.
3. Conditional Use Permit
The site is zoned B-4 Community Business District. Drug stores and other retail uses are permitted
uses within this zoning district. Drive-through windows are allowed as a CUP within the B-4 District.
1) The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the
general welfare, public health, and safety. In making this determination, ,whether or not the
conditional use is to be allowed, the City may consider the nature of adjoining land or
buildings, whether or not a similar use is already in existence and located on the same
premises or on other lands close by, the effect upon traffic into and from the premises, or on
any adjoining roads, and all such other or further factors as the City shall deem a requisite for
consideration in determining the effect of such use on the general welfare, public health, and
safety.
2) Other general criteria to be considered when determining whether to approve or deny a conditional
use permit include:
A) Comprehensive Plan. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the official Comprehensive
Municipal Plan of the City.
B) Compatibility. The proposed use is compatible with its adjacent land uses.
C) Performance Standards. The proposed use conforms with all applicable performance
standards contained in the Code.
D) No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
E) Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets
the criteria specified for the vadous zoning districts:
Planning Case Report 99-18 Page 5 9/3/99
(1) In Business Districts (B-l, B-2, B-3, B-4): ~
(a) Traffic. The proposed use will not cause traffic hazards or congestion.
(b) Nearby Residences. Adjacent residentially zoned land will not be adversely affected
because of traffic generation, noise, glare, or other nuisance characteristics.
(c) Effect on Other Businesses. Existing businesses nearby will not be adversely
affected because of curtailment of customer trade brought about by intrusion of unduly'
heavy non-shopping traffic or general unsightliness.
3) Drive-Throuqh Window
The Zoning Code states that a drive-through service window used in any permitted or conditionally
permitted business or use shall be allowed only if the following additional criteria are satisfied:
A) Stackin.q. Not less than 180 feet of segregated automobile stacking lane must be provided for
the service window.
B) Traffic Control. The stacking lane and its access must be designed to control traffic in a
manner to protect the buildings and green area on the site.
C) Use of Street. No part of the public street or boulevard may be used for stacking of
automobiles.
D) Noise. The stacking lane, order board intercom and window placement shall be designed and
located in such a manner as to minimize automobile and communication noises, emissions and
headlight glare as to adjacent premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site.
E) Hours. Hours of operation shall be limited as necessary to minimize the effect of nuisance
factors such as traffic, noise and glare.
Per the Planner's report, as part of the CUP/PUD, the applicant is requesting a drive-through
service window on the east side of the Walgreens building. The drive-through features two service
lanes, a stacking lane approximately 90 feet in length and canopy over the inside service lane. The
design of the drive-through service window is favorable to the site. The service window location
fronts toward the adjoining car wash, eliminating visual or noise issues. The drive-through location
and design does not interfere with site parking or traffic circulation. The City's Zoning Ordinance
requires 180 feet of automobile stacking for a drive-through window. The applicant is requesting
PUD flexibility to allow a 90-foot stacking lane. The basis for this request is that the pharmacy
service window does not have the user demand of other drive-through facilities (restaurants,
banks). The Iow volume use and the second service lane offset the need for additional stacking
space. City staff supports the requested shorter stacking lane.
4. Variance
The following setbacks are applicable to the subject site:
Required Proposed
Building: Lot 1 Lot 2
Front Yard (along Winnetka) 35 feet 86 feet 35 feet
Side Yard (along 42nd) 30 feet 82 feet N/^
Side Yard (interior) 10 feet 20 feet 56 feet
Side Yard (adjacent to residential) 25 feet N/^ 16 feet
With the exception of the building setback from the north lot line on Lot 2, all setbacks meet or exceed
city standards. The applicant is requesting a variance from the required 25-foot setback from
residentially zoned property. Section 4.221 of the New Hope Zoning Ordinance outlines the conditions
for a vadance as follows:
Planning Case Report 99-18 Page 6 9/3/99
1) The purpose of a variance is to permit relief from strict application of the zoning code where undue
hardships prevent reasonable use of property and where circumstances are unique to the property.
A hardship may exist by reason of narrowness, shallowness, or shape of property Or because of
exceptional topographic or water conditions. The hardship cannot be created by the property
owner and if the variance is granted, it should not alter the essential character of the neighborhood
or unreasonably diminish or impair property values in the neighborhood.
2) "Undue hardship" as used in connection with the granting of a variance means the property in
question cannot be put to a reasonable use if used under conditions allowed by the official
controls, the plight of the landowner is due to circumstances unique to his property not created
by the landowner, and the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute an undue hardship if reasonable use for the
property exists under the terms of the ordinance.
3) Additional criteria to be used in considering requests for a variance includes the following and the
Planning Commission/City Council shall make findings that the proposed action will not:
A) Consistent With Purpose of Variance. Be contrary to the purposes of a variance.
B) Liqht and Air. Impair an adequate supply of light and air to adjacent property.
C) Street Connections. Unreasonably increase the congestion in the public street.
D) Public Safety. Increase the danger of fire or endanger the public safety.
E) Property Values. Unreasonably diminish or impair established property values within the
neighborhood, or in any other way be contrary to intent of City Code.
The proposed variance is a 16-foot north building setback variance to the north property line,
where code requires 25 feet (commercial adjacent to residential). Since the proposal keeps
landscaping next to the residential and the City has architectural control, staff believes it is
reasonable balance to leave the building there, instead of shifting it so far south that the developer
places doors, traffic and access activity/noise on the residential north side. In the alternate, the
variance can be eliminated and the Hennepin County driveway change recommendation
substantially followed by a 10-foot Winnetka ddveway shift to the south. Unfortunately, the
landscape screening west of the Walgreens loading area is lost with this change. In examination of
the site layout, adjustment could be made to comply with required setback, however, city staff
agree that such an adjustment would result in a less desirable site design and would raise more
compatibility issues with residential property to the north.
The current site design keeps the majority of site activity (i.e., parking, loading, driveways, lighting)
south of the proposed Lot 2 building. The building itself serves as a screen between the residential
zoning district and the commercial activities. Only a landscaped yard is proposed along the north
side of the Lot 2 building. No doorways or lighting are proposed along the building's north
elevation. Shifting the building south would impact site parking and access and could result in
shifting more parking or driveways north of the building.
The New Hope Zoning Ordinance allows the City to grant a variance where the stdct application of
the code would result in exceptional difficulties when utilizing the lot in a manner customary and
legally permissible within the Zoning District. City staff recommends approval of the requested
nine-foot side yard variance along the north property line of Lot 2 with the following findings:
1) The stdct interpretation of the Code would result in exceptional difficulties in the utilizing of the
lot and overall site design.
2) Through the variance approval, a superior site design is achieved that promotes a higher level
of compatibility between the commercial site and neighboring residential properties.
B. Development Review Team
Planning Case Report 99-18 Page 7 9/3/99
The Team supported the concept with recommendations to increase the quantities of landscapinp.~
Other issues discussed included additional right-of-way, curb cut radius, lighting, sprinkling, Fi,
Department connections, trash storage, signage, and building materials.
C. Design & Review Committee
The Design & Review Committee met with the petitioner on August 18 and strongly supported this
private redevelopment that modernizes and beautifies a critical intersection in the City Center area,
with traffic improvements resulting from fewer curb cuts and ponding improvements to the area.
They recommended that consideration be given to a different site layout with the Walgreens building
close to one roadway using a pedestrian-friendly plaza concept. A number of issues were discussed
including right-of-way, ponding, the need for two drive-through lanes, increased landscaping, north
setback, variance, roof-top equipment, signage, trash storage, building materials, retail building
tenant, and easement vacation. Revised plans were submitted as a result of the meeting.
D. Revised Plan Description
The revised plans include the following details:
1. Parkinq - the petitioner has provided the following parking summary:
Lot 1, Block 1
Provided Parkinq:
Standard Stall 68
Handicap Stall 2
Van Accessible Handicap Stall 1
TOTAL STALLS PROVIDED 71
Lot 1, Block 2
Provided Parking
Standard Stall 24
Van Accessible Handicap Stall 1
TOTAL STALLS PROVIDED 25
Employee designated parking is identified at the northeast corner of the site.
The applicant is requesting flexibility from the City's required parking through the CUP/PUD.
New Hope City Code requires one parking stall per 150 square feet of floor area for retail uses.
The standard requires 121 parking spaces for the two proposed retail buildings. Based on their
estimated need, the applicant has proposed a standard of one stall per 200 square feet of floor
area or 96 stalls for the proposed two buildings.
The new Comprehensive Plan recommends that the City re-examine its parking standards as
part of its Zoning Ordinance update to be reflective of current parking demands and avoid
underutilized parking lots. Additionally, the Comprehensive Plan promotes shared parking
arrangements to economize on available commercial land.
The parking ratio of one space per 200 square feet of retail floor area is a commonly used
standard in adjoining cities. Staff would recommend acceptance of the requested parking
flexibility.
The site plan complies with required disability parking standards. One van accessible stall and
two handicap stalls are provided on the south side of Walgreens near the entrance and one van
accessible stall is provided on the south side of the retail building. Handicap bollards will be
placed on the sidewalk in front of the accessible stalls.
The parking lot design complies with dimension standards of the City Zoning Ordinance.
Planning Case Report 99-18 Page 8 9/3/99
-, 2: Access - The proposed site plan dramatically improves site access over present conditions.
.j Access points have been reduced to two, the curb cut and drive aisles are generous and meet
city standards. Easements for shared access and parking must be established with filing of the
plat and PUD. A maintenance agreement shoUld be provided that outlines the terms and
responsibilities for maintaining the shared driveways and parking lots.
Striped pedestrian cross walks and sidewalks have been provided that connect the building
entrances to the public sidewalk along 42nd Avenue and Winnetka Avenue. An 1 l-foot concrete
sidewalk is provided against the Walgreens building on the west, south and a portion of the east
sides of the building. A 10-foot concrete sidewalk is provided against the smaller retail building
on the east and south sides.
3. Loading - The loading area for the Walgreens building is located along the north side of the
building. This loading area is well designed to avoid conflicts with on-site parking and circulation.
The Walgreens loading area complies with dimension standards of the Zoning Ordinance. The
north retail building does not show any provision for on-site loading. The site plan should
be revised to illustrate a loading area for the north building.
4. Trash Stora,qe - The site plan identifies locations for trash and recycling enclosures. The trash
enclosures Will be constructed with material that matches the building. One enclosure is located
on the north side of Walg-reens and one is located east of the smaller retail building.
5. Snow Storaqe. The applicant should illustrate proposed snow storage areas on the site plan or
include a plan for snow removal as part of the PUD approval.
6. Landscapin,q - The following landscape schedule has been submitted:
Qty. I Common Name I Size
DECIDUOUS TREES
5 Little Leaf Linden 2.5" cal.
7 Relocated 3" trees on site 3"
4 Red Sunset Maple 2.5" cal.
CONIFEROUS TREES
2 I Austrian Pine I 6' ht.
1 Austrian Pine 8' ht.
ORNAMENTAL TREES
2 I Sugar Tyme Crab I 1.5 cal.
2 Kelsey Crab 2.5" cal.
CONIFEROUS SHRUBS
6 Sea Green Juniper 30" sp.
8 Huges Juniper 30" sp.
34 Techny Arborvitae 30' sp.
DECIDUOUS SHRUBS
27 Anthony Waterer Spirea 15" ht.
24 Green Mound Alpine Currant 15" ht.
24 Henry Hudson Rose 18" ht.
10 Dwarf Korean Lilac 24" ht.
19 Yellow Twigged Dogwood 24" ht.
7 Glossy Black Chokeberry 24" ht.
GROUND COVER AND PERENNIALS
158 Hearts Afire Daylily # 1 gal.
40 Autum Joy Sedum # 1 gal.
60 Russian Sage # 1 gal.
Planning Case Report 99-18 Page 9 9/3/99
The plan consists of 23 trees, 132 shrubs and 258 flowers/plants. The Planner's report stat~.
that the submitted landscape plan generally responded to the suggestions of city staff and the
Design & Review 'Committee. The plan emphasizes attractive landscaped areas at the
Winnetka/42"a Avenue intersection and at the site entrances. The types and sizes of the
proposed landscape materials meet city standards. In review of the landscape, the following
additions and modifications are suggested:
A) The landscape area at the northwest entrance extends into the street right-of-way. All
landscaping should occur within the lot lines.
B) Design & Review Committee suggested some landscape treatments at the building
entrance.
C) To break up the building massing, it is recommended that three or four upper story trees be
planted along the north side of the Lot 2 building.
D) Hemay Hudson Roses are proposed to screen the north parking lot from the adjoining -
property. These are deciduous shrubs. It may be appropriate to blend some coniferous
shrubs with roses to provide a year round screening effect.
7. Building Materials - Both buildings will be constructed with a combination of face brick, EIFS
eXterior walls with prefinished metal coping, and gutters and down spouts. The Walgreens
building will be accented with an attractive glass tower at its entrance. The building materials
and design will produce an attractive addition in the New Hope City Center area.
8. Roof-Top $creeninq - Notes should be added to the plan that indicate roof-top equipment will be
screened or painted to match the building.
9. Li~htinc~ - A detailed exterior lighting plan has been provided showing 14 new parking lot lights
around the perimeter of the site with house side shields. The plan shows that the footcandles will
be less than one at all property lines, except in one area on the east adjacent to the car wash.
The plan shows a total of 15 wall pack lights on both buildings, with the Walgreens building
having lights on all sides and the north retail building having lights on the east and south sides.
10. Si.qna.qe
A. FreeStandin.q Si,qns - Each lot is entitled to one freestanding sign having 100 square feet in
area and 30 feet in height. The applicant's plan indicates that they will comply with city
standards. A Walgreens monument sign is located at the corner of 42nd and Winnetka and
the plan states "total sign area to meet the 100 square foot city requirement." The sign will
contain the words "Walgreens" and "Drive-Thru Pharmacy." A smaller sign is located below
the larger sign and it is assumed this is intended for reader board purposes. A pylon sign for
the retail building is located north of the Winnetka entrance and also will not exceed 100
square feet and provides room for three tenants to be identified.
The Planner's report states that city standards require freestanding signs to be set back 10
feet from the lot lines. The Building Official notes that there is a discrepancy on the
Walgreens ground sign between the site plan, which shows a 10-foot wide sign and the
architectural plans' that illustrate a 10-foot wide sign. This discrepancy needs to be clarified
and both freestanding signs need to be relocated to meet the 1 O-foot required setback.
B. Wall Si,qns - The B-4 Zoning District allows the following wall signage:
1) Two signs per building
2) Sign area shall not exceed 15% of wall face or 250 square feet, whichever is less.
Planning Case Report 99-18 Page 10 9/3/99
The following signage is being requested:
North Building South Elevation 4' x 24' = 96 sq. ft.
West Elevation 2'x 12' = 24 sq. ft.
120 sq. ft.
South Building 2 Walgreen 3.5' x 30' = 210 sq. ft.
2 Pharmacy 1' x 9' = 18 sq. ft.
2 l-Hour Photo 1' x 10.5' 21 sq. ft.
1 Drive-Through Pharmacy 1' x 14' 14 sq. ft.
263 sq. ft.
The north building falls below minimum signage standards, however, the Walgreens
building exceeds the city standards with regard to both number and size. In view of a
recent sign variance granted to another commercial site that was premised on significant
site improvements, staff recommends granting flexibility to the city sign standards
through the PUD process to allow the all signage illustrated on the building elevations.
3) Window Si.qna.qe - The City allows 33% of the window area to be used for window
signage. The Walgreens name slogan and trademark located in the glass tower over the
entrance qualifies as window signage. This graphic represents only 14.8% of the window
area.
F. Buildinq/Fire Considerations
Roof access hatches are identified. North building hatch should be moved to minimum six feet from
roof edge so that a 42" guardrail is not required. Auto fire sprinklers are required for the larger
building, but optional in the small building. Fire Department connections are identified on the north
side of the Walgreens building and on the east side of the retail building. The inclusion of this fire
protection safety system in both is a legitimate "plus" or bonus that can justify a trade-off within the
PUD..
Soil/groundwater contamination may be a problem around the gas tank area, determined when the
tanks are exposed and pulled, but routine removal and treatment of soils at gas station sites can be
done, in coordination with the MPCA.
G. Planning Considerations
Excerpts from the Planner's Report are as follows:
CUP/PUD - The applicant has requested approval of a CUP/PUD as a means of integrating the site
design of the two commercials lots and is evaluated in the following paragraphs:
Comprehensive Plan - The proposed project is consistent with the following recommendations of the
1998 New Hope Comprehensive Plan:
Commercial Recommendation (page 42)
(1) As opportunities present themselves, redevelop and assemble small commercial sites to create
larger commercial lots capable of accommodating contemporary office, retail, and service
providers. Specific land assembly target areas include sites along Bass Lake Road east of
Winnetka Avenue, 42nd Avenue east of the railroad tracks, and Medicine Lake Road east of
Hillsboro Avenue.
Planning Case Report 99-18 Page 11 9/3/99
(2) Coordinate redevelopment efforts of the shopping centers of the City Center area of New Ho.p~...,
to promote easy access, shared parking and pedestrian movement between the shopp,
centers to promote business interchange between these shopping centers.
(3) Consider a reduction in the shopping center parking standard and promote shared parking
arrangements in an effort to reduce parking lot size and create additional commercial building
sites that would complement the shopping centers.
(4) Redevelopment efforts in commercial areas shall promote commercial land uses as a first
priority. However, the City will consider the introduction of compatible and complementary
alternative land uses as part of the commercial redevelopment projects if it will enhance the
commercial vitality on a city-wide basis.
(5) To enhance the commercial image and to unify the identity of New Hope's commercial areas,
the City will implement its Streetscape Plan to establish a common design theme throughout the
various commercial locations.
While the aforementioned recommendations do not specifically target the applicant's site, the
proposed project embraces the City's objectives for commercial redevelopment.
H. Legal Considerations
The City Attorney examined the proposed preliminary plat for Annabels Addition and made the
following comments:
(1) The plat does not list the owners of the involved real estate. That information will be needed. To
show ownership, title evidence will also be required, and all owners must be signatories on the
final plat. In addition, all mortgage holders must either be signatories on the plat, or sign a
recordable consent to the plat.
(2) The plat shows a five-foot wide utility easement across the northerly portion of Lot C. If this
easement has not already been vacated, it must be vacated in accordance with the procedures
set forth in City Ordinance §6.09. This procedure involves a petition by the property owners, and
a hearing before the Council after published and mailed notice.
(3) The plat shows an access easement across Tract D, in favor of Tract B. This appears to be a
p~ivate easement, though our office will need copies of Document Nos. 1017648 and 1017649 to
confirm that. If the easement is private, the affected parties can extinguish it, and that should be
completed prior to the filing of the final plat. If the easement is a public easement, the same
vacation procedures referred to above must be followed.
(4) When the plat is filed, the entire real estate taxes, due and payable for the year in which the
filing takes place, must be paid in advance. So there will be some advantage for the owners to
completing the platting process in 1999.
I. Engineering Considerations
The City Engineer received the revised plans for the proposed Walgreens site improvements and
made the following comments and identified additional site items. Some of the previous comments
issued August 18 by Mark Hanson have been incorporated into the plans. Most notably, additional
ROW has been provided to accommodate left turn lanes in the county roads.
Site Plan
(1) The City may consider requiring an access easement across Lot 2. This would assure
permanent access to Winnetka Avenue for Lot 1 in the event Lot 2 would change ownership. A
separate access to Winnetka Avenue for Lot 1 will not be permitted by the County now or in the
future.
Planning Case Report 99-18 Page 12 9/3/99
(2) The site plan does not depict retaining walls greater than four feet in height. Separate approval
by a registered engineer is not required.
Preliminary Grading Plan
(3) An existing catch basin is located in the proposed access to 42nd Avenue. Replace the casting
with an appropriate driveway casting.
(4) Provide a pond overflow at the HWL. Protect overflow with riprap.
(5) Do not provide trash guards on pond inlets.
Preliminary Utility Plan
(6) Submit documentation that the pond volume is sufficient to detain water such that the outflow is
limited to two cfs.
(7) Water to the buildings is proposed to extend from the existing hydrant at the corner of 42nd and
Winnetka. City policy calls for the City to maintain the water supply system up to the property
curb stop.
Separate water services shall be provided for both buildings. Shut-off valves shall be provided
for each building at the property lines. Easements are not required over water services beyond
the property line.
(8) All water mains leading to hydrants shall be pressure and flow tested according to City
standards. Use stainless steel bolts on all valves and fittings.
(9) All existing water and sanitary services not used for new construction shall be abandoned and
inspected by the City. The City does not have records to locate the water service to 7858 42nd
Avenue building.
(10) All steep slopes shall be restored with sod or erosion control measures to prevent erosion.
Erosion into the pond and/or storm sewer shall be cleaned prior to final acceptance.
Preliminary Plat
(11) Drainage/utility easements 10 feet wide shall be provided along all lot lines.
1.1 Hennepin County Comments - The preliminary plat/plans were submitted to Hennepin County and
the following comments were made:
(1) The developer should dedicate an additional 15 feet (approximately) of right-of-way along both
roads plus the 35-foot radius as shown in the amended preliminary plat of September 1. This
dedication will accommodate any future upgrading of this increasingly busy intersection,
especially the addition of a westbound right turn lane.
(2) The proposed access points, approximately 250 feet east and north of the intersection are
acceptable. The CSAH 156 (Winnetka Avenue) driveway should be moved south approximately
20 feet to better align with the westerly shopping center driveway. Also, a cross easement for
this driveway should be created to preclude any future access requests.
(3) Hennepin County appreciates the developer's and city's cooperation in these dedications and
minimizing the access points (reducing from six to two) on these highways.
(4) All proposed construction within county right-of-way requires an approved Hennepin County
permit prior to beginning construction. This includes, but is not limited to access, drainage and
utility construction, trail development, and landscaping. Contact our Permits Section at 612-745-
7601 for the appropriate permits forms.
Planning Case Report 99-18 Page 13 9/3/99
(5) The developer must restore all areas, within the county right-of-way, disturbed durir,~--~
construction.
A. Police Considerations
Walgreens bathroom corridor area is concealed from view - open up by removing door and 8' wall.
Improve separation of public spaces from pharmacy and employee rooms, avoiding hidden corners.
VIII. Summary
The Walgreens proposal offers opportunity to promote private redevelopment at vital commercial
locations within the City. The constraints of the site require an innoVative site design and application of
a planned unit development. Both proposed uses and site design favorably compare to the stated land
use goals of the New Hope Comprehensive Plan. In review of the proposal, staff believe the applicant
has provided a quality site design.
This "private redevelopment" is consistent with the Comprehensive Plan and Planning Commission,
Council and staff market encouragement for some years. The PUD approach makes a suitable vehicle
for the give-and-take flexibility not available to ordinary proposals: In capsule, several issues exist and
several bonuses are included in the proposal. The salient question is: Does the overall package make
sense and comply with the spirit and intent of our land use regulations?
"ISSUES": "BONUSES":
[city flexibility needed] [developer flexibility demonstrated]
1. Building setback to north p.I. 1. Auto Fire Sprinklers in both buildings
2. Parking on site 2. Generous landscaping on both sites
3. Wall Sign size - Walgreens 3. Private redevelopment in deteriorated area.
4. Winnetka driveway shift 4. Ponding-runoff improvements in the area
5. Architectural control within PUD
IX, Recommendation
Staff recommend approval of the preliminary plat, concept/development stage PUD, CUP for drive-
through window, setback variance, and sign plan, subject to the following conditions:
Preliminary Plat
1. Incorporate recommendations of City Engineer, City Attorney and Hennepin County.
2. Process appropriate easement vacations.
3. Planning Commission waives review of final plat.
4. Submittal of final plat
CUP/PUD
1. Developer to execute Development Agreement with City and provide appropriate financial
guarantee (amount to be determined by City Engineer and Building Official).
2. Submission of Final Stage PUD plans.
3. Incorporate recommendations of City Engineer and Hennepin County.
4. Applicant establish cross easement for establishing shared access and shared parking between
Lots I and 2.
5. Applicant provide maintenance agreement outlining maintenance responsibilities for the shared
access and parking area.
6. Applicant provide a description for Lot 2 building loading area.
7. Applicant comply with landscape recommendations outlined in the planning report.
8. Freestanding signs be relocated to provide 10-foot setback from property lines.
9. Indicate roof-top equipment to be screened.
Planning Case Report 99-18 Page 14 9/3/99
--,, 10. Incorporate roof hatch changes.
11. Implement Police Department interior design recommendations.
12. City approve the flexibility of the requested site signage and on the reduction of required parking as
part of the PUD.
Attachments: Topo/Zoning/Address Maps
Petitioner Project Narrative
Revised Plans: Title Sheet
Site Location Map
Existing Conditions
Notes/Summary
Preliminary Site Plan Notes
Parking Summary
Preliminary Grading Plan/Notes
Preliminary Utility Plan/Notes
Annabels Addition Preliminary Plat Notes
Construction Details
Preliminary Lighting Plan
Landscape Plan
Landscape Schedule
Landscape Details
Walgreens Elevations/Sign Detail/Floor Plan
Retail Store Elevations/Sign Detail
Planner's Report
City Engineer Comments
City Attorney Comments
Hennepin County Comments
Application Log
Planning Case Report 99-18 Page 15 9/3/99
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DESCRIPTION OF REQUEST:
WE ARE REQUESTING TO REDEVELOP THIS CORNER INTO A NEW FREESTANE,
WALGREENS AND A 5000 SQUARE FOOT GENERAL RETAIL BUILDING. THIS PROJECT WILL
BRING A NICE UPGRADE TO THIS CORNER. THE BUILDINGS WILL BE CONSTRUCTED WITH
THE SAME FINISHES, FACE BRICK AND STUCCO. THE LANDSCAPING WILL BE INCREASED
AND A DETENTION ARE WILL NOW BE PROVIDED IN THE NORTHEAST CORNER OF THE
PROJECT.
WHY REQUEST SHOULD BE GRANTED:
THIS PROJECT WILL DO A NUMBER OF THINGS FOR THIS CORNER. IN ADDITION TO
DETENTION AREA, LANDSCAPING AND UNIFORM BUILDING FINISHES, THE ACCESS TO THIS
CORNER WILL ALSO BE IMPROVED. WE WILL BE REMOVING A NUMBER OF EXISTING ACCESS
POINTS VERY CLOSE TO THE CORNER AND REPLACING THEM WITH TWO CUTS, ONE ON EACH
ROAD. THESE TWO CUTS WILL BE SHARED BY BOTH BUILDINGS AND BY MOVING THEM
AWAY FROM THE CORNER THEY SHOULD IMPROVE ANY EXISTING CONFLICTS AT THIS
INTERSECTION.
26/99 16:22 FAX 612 332 2428 SEMPER DE'FELOP~,,IVr LTD. ~002
PROIECT N~RRATIYE:
42n~ & Winn~ka, New Hope, MN
Our proposed development contains a 15,120 square foot Walgreens store and a 5,000 square
tbot general retail building. The retail building does not have a specific user at this time. We
expect from one to 3 tenants to occupy this building.
One of the new aspects o£the Walgreens building is the drive-thru pharmacy. This is a two lane
pick-up window for prescriptions. Off the shelf items arc not sold through the window. The
reason for two lanes is not heavy use but rather to eliminate waiting in line. There are a
prescriptions that require the pharmacist to have consultations with the intended user. These
consultations can take anywhere fi'om one to five minutes depending on questions or concerns
the customer may have. If a second customer arrives to use the drive-thru while a lengthy
consultation is taking place they can use the second lane and be on theh' way. This eliminates
the concern over any backups at the drive=thru. The drive=thru window is becoming a valuable
service to the elderly, individuals with mobility handicaps, and parents with sick children who do
not want to take them oat of the ear.
We did take another look at the layout of our site with the thought of brining the building closer
to 42~a Avenue. With the way our building lays out both internally and externally, moving it
would be difficult. The entry, parking, drive-thrtt, and service area are thc primary exterior
elements of this building. To make it function properly, two way circulation is needed all around
the building. When you combine these items with focusing the entry of the building, the glass
entry tower, on the comer, rotating the building is very difficult We have tried to enhance the
front of this project with pedestrian waikways to the public sidewalk on both streets. We will
certainly be implementing the development review te~ms .landscaping suggest, ions in the parking
and paved areas. We will also be creating a detention area in the northeast comer of the site to
aid ha the drainage and storm water concerns that Kirk McDonalds and Doug Saudstad brought
to our attention at our initial meeting regarding the is project.
I truly feel this project will be a very nice upgrade to this comer. The access is greatly improved
with the elimination of a number of cuts. Landscaping on the site is being expanded and
improved over what is existing. When you combine these items with the buildings that utilize
the same brick, stucco, and exterior detailing this p~'ojeet wilI be a very nice addition to the
comer of 42"a and Winnetka.
SOL
Facilit, ies Planning and Design
200 Wihnot. Road
D~'~'"n~a, n, ooot~
(847) 940-~500
~ 8~ I I ~ D~CRI~ON
~ ~ ..... l:'.:
ate One Call
~SITE LOCATION MAP
\
4qTH AVENUE N.
~OCKF"O~I;) ~OAI~
'42ND AVENUE
NO SCALE
MEDICINE LAKE ROAD
~NOTES ' : · '
I.OACKCROUND INFORMATION TAY. EN PROM OOUNDARY AND
TOPO(;RAPHY SURVEY PEP. FORI'IED BY LANDPORM ENCINEEINC
COI'I~ANY, MINNEAPOLIS, MINNESOTA, ON JULY 20, Iqqq,
EXPRES.?~LY POP. THt~ PROJECT. AODITIONAL UTLITY NF.ORI'IATION
SHOWN WAS PROVIDED BY CITY DP N~W HOPE, i'~INNE:$OTA
AS-OUILT DRAWIN(.,,'S, UTILITY LOCATIONS TO BE PE:LD VERIF'IED
PRIOR TO EXCAVATION/CONSTRUCTION. IF' ANY DiSCI;;~.~PANCIED
A~E NOTED, TH~ EN(;INEE~ SHOULD ~ I"I'IEQ1ATELY NOTIF'IED
F'OI;~ RE~:)LUTION.
~CURRENT ZONING
ZONING: B-4 (,COI'II'IUNITY I~USlNESS)
SETBAClC$:
4?ND AVENL~.. 39 F'EET
WNNETKA AVENL~: 30
~TH ~RTY L~:'39
RAX~ ~ ~T: 3
PA~
~FLOOD ZONE~
SUbjECT PI~OPEI~TY I~S ~-NTII~ELY %'ITH PLOOO ZONE 'C" AS
I:~1~ COI't%JNITY PANEL. P1AP NI./I"I~I~ 27OI77-OOOI C, DATED
JANUARY '2,
AREA SUMMARY ~
TOTAL PAI~CEL AI~A: 104,13q S('JUAI~,~ P~ET 01~ ?.3q A~
~ ~AY E~T~: ~,427 ~ ~E~ O~ O.~ AC~5
~T PA~C~ ~k q5,712 ~ ~T ~ 2.20 A~E5
I. ~ACKC~!OUND INPOI~MATION TAKEN FI:~OM 80UN~A~Y
TOPOC~APHY SURVEY PErfOrMED ~Y LA~O~M ~N~I~
COMPANY, MINNEAPOLIS, M~DSOTA, ON J~Y 20, Iqqq,
EXPRESSLY PO~ THI~ P~OJECT. ADDITI~AL UTILITY I~O~MAT~N
S~WN WA~ P~OVIDDO BY CITY ~ NEW HO~, M~DSOTA
AS-B~T DRAWINGS. UT~ITY LOCATIO~ ~0 BE
PRI~ TO DXCAVATION/C~T~UCT~N. IF ANY
A~D NOTED, T~ EN~D~ S~D ~ ~EDIATELY
2. ~NSIONS S~WN ON T~S ~AN A~ TO ~ACE ~ C~B A~
EXTE~IO~ FACE ~ BULO~ U~ESS ~eO OT~W~.
P~K~ DTA~S TO ~ ST~EO ~TH A 4' W~E YELLOW
4' W~ Y~LOW PANTED ST~ ~' O.D. ~ AT 4~
~DS TO DTALL.
4. T~ CUrrENT ~ITAL ~LE, S~L~D BY T~ E~, TO
USED P~ ALL C~T~T~N DT~ ACTI~T~. IF ANY
~L~ FOOTP~NT, AS ~ ON T~S ~,
~LE ~k~ ~ C~A~EO TO T~ PN~ ST~T~ ~A~
SUPPED BY T~ C~T~ACT~ ~ TO STA[~ ACTIVI~S.
~PO~T ~Y ~~ES TO T~ E~ ~ATELY.
W~H ~TE~ THAT ~AT~ ~.
TA~ ~AT~ EX~T~ C~ETE C~B A~ GUTT~.
DENOTES (~I~EEN ,SC~ACE
~-PARKING SUMMARY ~ ~'~' .......... '~
'LOT I, BLOCK I
I .~TALL I:::~P. 200 ~. ~ ~0~ ~LD~ AR~A
(1~,040 / 200) = 76 ~TALL~
~TA~A~O ~TA~ 60
HA~CAP ~TA~ 2
VAN ACCES~E HA~CAP OTALL I
TOTAL STOL5 P~OVOE~ 71
LOT 2. BLOCK I '"
I STALL I:~1~ 200 S J;. 01; GP.O~S I~JILOING A~EA
(5000 / 200) = 2~ STOL5
5T~D 5TA~ 24
VAN AC~O~E HA~AP ~TA~ I
~SITE AREA
PROPOSP.:O:
II"II~I~VIOU~ AREA 52,2ql
~V~ ~A ~,476 S,P, (13.~)
TOTAL A~EA 60,767
~V~S ~eA 22.0~ 5.P. (63.0~)
T~ A~EA 34,q45
EXISTING:
T~ ~EA i04,~q S~.
I~OAOWAY: 0,427 5.P.
August 31, 1999
Development Services
Site Planning
Civil Engineering
Land Surveying
Kirk McDonald, Community Development Director
4401 Xylon Ave N
New Hope, MN 55428
RE: Proposed Walgreens Site Drainage, New Hope
Dear Mr. McDonald,
This letter concerns the drainage conditions at the proposed Walgreen's site at
Winnetka Avenue and Rockford Road in New Hope. The existing site consists of
three small commercial buildings surrounded almost entirely by bituminous
parking lots. Runoff from these lots sheet flows either onto Winnetka Avenue
where it is picked up by storm sewer structures, or to the northeast corner of the
property where it is intercepted by a lone catch basin that is currently buried and
blocked with sediment.
The proposed site also has bituminous parking lot covering a majority of the
property, however a small pond has been included in the northeast corner of the
site. In addition, a storm sewer network has been added to help improve site
Stephen M. Johnston, P.E., Principal drainage.
Runoff and pond sizing calculations are included and show that while the pond
does not meet all NURP criteria, it reduces the ~ates of runoff for the ! year and 10
Oarren B. Lazan, Principal
year storm events and also provides some water quality treatment. It is our
opinion that this is a vast improvement over the existing site, which does not
provide any treatment, storage, or rate control for any storm event.
Ross G. Carson, Principal
In light of these facts we are requesting that the Walgreens plans be approved as
proposed.
Dan Thurmes, R.L.S., Principal Sincerely,
LANDFORM ENGINEERING COMPANY
Landfoml Engineering Company ~~~
650 Butler North Building Chris Cunnington
510 1st Avenue North
Minneapolis, MN 55403 CC: Mark Hanson, City Engineer
Enclosure
phone 612.252.9070
fax 612.252.9077
www.landform.net
E-mail: info@landform.net
Hydrologic Curve Number Computation Sheet
Site Wa~greens Proposed
~Project ~t SD99014 Existing
Location New Hope Preparer S,
Basin Site - Date
Acres Per ~' ~ ~ e e
," '6 ~ o ,- o o
~ ~ ~ ~ ~ Product
Land Use Description Practice ~ < ~ m ~ ~ ~ ~
Cultivated Land: without c~wation treatment 72 81 ~ 91 0
Cultivated L~nd: with ~n~ation treatment ~ 62 , 71 78 ' 81 0
Pasture or Range L~d: p~r condition ~ ~ 79 86 , 89 0
Pasture or Range Land: g~ mndi~on ~ 39 ; 61 ~ 74 , 80 0
Meadow: g~ condition ~ ~ ~ ' 71 78 0
~~ ~nd: thin stud, p~r ~ver, no mul~ 45 66 ~" , ~ 0
IW~ or Forest L~d: g~ ~ver . ~ ~ 25 ~ ~ ~ 70 t ~ ' 0
OpenSpam,~s,P~,Gdf~umes:far~di~ , 0.3 ~1~ 49 ~ 69 [ 79 ; ~ 14.7
' ~ 89 ~ 92 ; 94~ 95 0
Commemi~ ~ ~siness Are~ (~% im~us) ~ ~ ; , ,
Industd~ Dis~=s (72%, im~i~s) ~ , ,~ ,, Sl i . ~ 91 ~ 93 0
Residenti~: average lot size ~ s.f., ~% im~w~us ~ i ~ ~ ~ ~ ~ ~ 92 0
Residenfia: average lot size 11~ s.f., ~% im~wious~ ~" 61 ~ 75 ~{ ~ ~' 87 :' 0
Resi~nti~: average lot size 1~ s.f., ~% im~s ~ ~ 57 )~ 72 ! 81 ~ 86 0
Residentia: average lot size ~ s.f., 25% im~ ~ ~ ~ 70 ~ ~ ~ 0
Residenfia: avera~ lot size 1 acre, 2~ im~s ~, 51 ~ : 79 ' ~ ', 0
' ' , 82 ~ 0
Reside~ia: average lot size 2 acre, 15% imams ~ 47 ~ ~ ~ 76 i
Fa~steads [ , 59 [ 74 { 82 ) 86 ~ 0
Pav~ Pa~ Lorn, R~fs, O~eWays ) "2.~ ~ 1~ ~ ~ 9s ) 9a ~ 9s 2~,s2
Streets ~d R~ds: pa~ Mth m~ ~d g~e~ ~ ~ 98 98 ~ 98 98 0
Streets ~d Roads: gravel ~ ~ 76 ~ ~ )
Streets ~ Roads: diA ~ ~ ~ ~ 91 ~ 0
J 72~ 82 ~ S7~ 89 ~ ~
Open Water L~es or Pon~ ...... { [ 1~ 1~ 1~ 1~' 0
Swamp ~th 1/3 Open Water ~ ~ ~ [ 85 ~ ~ ~ ~ 0
Sw~p ~th No O~n Water ~ ~ 78 ~ 78 ~ 78 ~ 78 0
Other ~ ' ~ ' '
~ r ~ · o
~ i Wei~ht~ Runoff Cu~e ~ 92
FrownW 1 ~ ~ 10 ~ , 1~ Ye~
Ranfal 2.3 ~ ~ i '
~ ~ 4.2 [ 5.9 In~s
R~offQ ~ ~ ' ~ ~
~ ~ ~ ,~ In.es
Landform Engineering Company 510 First Ave North Suite Minneapolis, MN 55403 (612) 252-9070 Fax (612) 252.9077
Hydrologic Curve Number Computation Sheet
r~!e Walgreen's Proposed
P~ec! ~ 8D99014 Existing
[~cation New Hope Preparer
[~i~- Site-to pond Date
Land Use Description Acres Practice Per
o~ ~ ~ u~ CD o~ Product
Cultivated Land: without conservation treatment 72 81 88 91 0
Cultivated Land: with conservation treatment 62 71 78 81
Pasture or Range Land: poor condition 68 79 86 89 0
Pasture or Range Land: good condition 39 61 74 80 0
Meadow: good condition 30 58 71 78 0
Wood or Forest Land: thin stand, poor cover, no mulch 45 86 77 83 0
Wood or Forest Land: good cover 25 55 70 77 0
Open Space, Lawns, Parks, Golf Courses: good condition 0.34 39 ~ 100% 61 74 80 20.74
Open Space, Lawns, Parks, Golf Courses: fair condition 49 69 79 84 0
Commercial and Business Areas (85% impervious) : 89 ~ 92 94 95 0
Industrial Districts (72 ¥o impervious) 81 . 58 91 93 0
Residential: average lot size 5500 s.f., 65% impervious ~ 77 i 85 90 92 0
Residential: average lot size 11000 s.f., 38% impervious 61 i 75 83 87 0
Residential: average lot size 14500 s.f., 30% impervious 57 : 72 81 86 0
Residential: average lot size 22000 s.f., 25% impervious 54 . 70 80 85 . 0
:lesidential: average lot size 1 acre, 20% impervious 51 i 68 79 84 0
Residential: average lot size 2 acre, 15% impervious , 47 i 65 76 82 .. 0
Farmsteads 59! 74 82 ' 86 0
Paved Parking_ Lots, Roofs, Driveways 1,7 ; 98 ~ 100% 98 98 98 166,6
Streets and Roads: paved with curb and gutter 98 98 98 98 0
Streets and Roads: gravel 76 I 85 89 91 0
Streets and Roads: dirt 72 ~ 82 87 89 0
Open Water Lakes or Ponds 100 ~ 100 100 100 0
Swamp with 1/3 Open Water 0,05 100% 85 i 85 85 85 4.25
Swamp with No Open Water 78 78 78 78 0
Other ~ 0
2,09 :Total Acres Product Total 191.59
' Weighted Runoff Curve # 92
Storm #1 ! I Storm~ I I Storm #3 I Units
Frequency 1; ; 10 100 Year
Rainfall 2.3i ~ 4.2 5.9 Inches
Runoff Q ; " : Inches
Landform Engineering Company 510 First Ave North Suite 650 Minneapolis, MN 55403 (612) 252-9070 Fax (612) 252-9077
Stage / Storage / Outflow Calculations
Walgreen's Structure !.!
# SD99014 Preparer _S More
ILocatior~ New Hope Date , 8/26/99~
Pond Controls I Contour Elevation I Surface Area
N.W.L. 904.0 904 2412
Est. H.W,L. 906.5 906 3723
Outlet Description Flared End Section 906.5 4087
Outlet size (inches) 12
I Outflow Orifice I I
Stage (head) Outflow Weir Equation Equation Elevation Composite Outflow Storage (Ac-Ft.)
0.0 0.0 0.0 904.0 0.0 0.00
0.3 0.5 use wier 904,3 0.5 0,02
0.6 1.5 1.2 904;6 1.3 0.04
0.9 1.7 2.4 904.9 2.0 0.06
1.2 use office 3.2 905.2 3.2 0.08
1.5. use orfice 3.8 905.5 3.8 0.10
1.8 use orfice 4.3 905.8 4.3 0.12
2.1 use office 4.8 906.1 4.8 0.15
2.4 use orfice 5.2 906.4 5.2 0.18
2.7 use orfice 5.6 - 906.7 5.6 0.19
3.0 use orfice 6.0 907.0 6.0 0.19
Notes:
This worksheet uses the weir and orifice equations to calculate the stage vs outflow relationship for round pipes. It assumes inlet cqntrol,
From one half to full pipe depth, the composite outflow is the average of the flows predicted by the two equations.
The Storage is based on a strai~lht-line interpolation between ~o~tour lines,
Landform Engineering Company 510 First Ave North Suite 650 Minneapolis, MN 55403 (612) 252-9070 Fax (612) 252-9077
DETENTION POND DESIGN
DevelOped By: W. Walker
Project: Walgreen's, New Hope
INPUT VARIABLE: UNITS INPUTS NOTES/STANDARDS
Watershed Area acres 2.09 POND 1
Pervious Curve Number
65 (scs soil cover complex)
Impervious Fraction 0.81
Design Storm inches 2.5 (= 2.5 in, VLAWMO criterion)
Maximum Depth feet 10 <-- 10 ft
Bench Width bc feet 10 >= 10 ft
Bench Slope bc ft/ft 10 >= 10 ft horiz / ft vertical
Side Slope ab ft/ft 3 >= 3 ft hodz / ft vertical
Length/Width Ratio 3 >= 3
Top Length c feet (adjust to achieve volume)
IOUTPUT VARIABLE: UNITS VALUE NOTES / STANDARDS
Target Volume acm-ff 0.36 (= design storm runoff volume)
Design Volume acre-ft 0.00 (should be >= target Volume)
Design Mean Depth feet 0.0 (should be >= 4 feet)
Maximum Retention inches 5.38
Design Storm Runoff inches 2.08
Permanent Pool Volume acre-ft 0.36
TOP CONTOUR - c
Length c feat 0
W'mlh c feet 0
Area c feat~2 0
BENCH CONTOUR - b
Depth b feat 1
Length b feat -71
Width b feat -24
Elevation b feet -1
Area b feat~2 836
Bo'n'OM CONTOUR - a
Eleva~on a feat -10
Slope Length ab feet 27
Length a feet -262
W',~th a feet -87
Area a feat's2 11446
Volume bc feal~3 279
;Volume ab feet~3 46127
Volume ac feels3 48406
Pond Volume acre-ft 1,07
Mean Depth feet #DIV/O?
Pond Area acres #OlV/O?
Landform Engineadng Company 905 Twelve Oaks Center 15500 Wayzata Blvd, Wayzata, MN 55391 (612) 475-3272, Fax/Data (612) 475-3159
NURP POND VOLUME
i Sit_e Walgreens Structure 1
roJect _~ r SD99014 Preparer S More
ocatiOn New Hope Date 8/26/99
Pond Controls Contour Elevation 1 Surface Area
N.W.L. 904.0 904 2412
Bottom 898.0 902 1359
900 617
898 166
896 0
Total Volume 6696 0.15
Average depth 2.78
Landform Engineering Company 510 First Ave North Suite 650 Minneapolis, MN 55403 (612) 252-9070 Fax (612) 252-9077
Storm Sewer Pipe Sizing
Walgreens Preparer S M~!e~
~j_ect ~ SD99014 Date 8/26/971
ILocation New Hope Design Storm 10~
IPage 1 Mannings n ~-~).01 (~3~1-~
I
Area Runoff Intensity CB Pipe Pipe Pipe Pipe Pipe Pipe Excess
Segment A C Tc Tp Tc+Tp I Q Q Length Dia. Material Slope V Cap. Capacity
From I To Acres Min. Min. Min, In/Hr CFS CFS Ft. In. % Ft/S CFS CFS
CB1 CB2 0.40 0.90 10.0 0.5 10.5 5.60 2.02 2.02 100 12 RCP 0.60 3.5 2.8 0.7
Roof CB2 0.35 1.00 5,0 0.1 5.1 7.20 2.52 2,52 43 10 PVC 1.20 5,7 3.1 0.6
Roof CB 2 0.12 1.00 5.0 0,1 5.1 7.20 0.86 0.86 45 10 PVC 1.20 5.7 3.1 2.3
CB2 CB3 0.10 1.00 10.5 0,3 10.8 5.40 0.54 5.94 129 15 RCP 1.60 6.7 8.2 2.2
CB3~ FES (1) 0.21 1.00 10,8 0.1 10,8 5,40 1.13 7.07 21 15 RCP 1.60 6.7 8.2 1.1
CB4 CB5 0.42 0.85 10.0 0,6 10.6 5,60 2.00 2,00 143 12 RCP 0.80 4.1 3,2 1.2
CB5 FES (2) 0.33 0,95 10.6 0,4 11.0 5.40 1,69 3,69 133 12 RCP 1.60 5.7 4.5 0.8
INL PCS 5.80 19 12 RCP 21,00 20,8 16.3 10.5
PCS EXIST 5.80 9 12 RCP 3,00 7.9 6.2 0.4
Structure Design Information
WalgreensiPreparer S More ~
ct # SD990141Date ~99I
ion~- New Hope;Design Mannings Storm n ~101
Upstream Structure Downstream Structure
Struct Grate Invert Build Type Casting Struct Grate inlet Invert Build Comments
C81 911.35 908,35 3.00 27'DIA R- 3250A CB2 912.30 907.75 907.55 4.75
Roof 914,00 908.50 5.50 CB2 912.30 907.98 907.55 4,75
Roof 914.00 908.50 5.50 CB 2 912.30 907.96 907.55 4.75
CB2 912.30 907.55 4.75 4'DIA 1792 FG CB3 909.70 905.49 904.34 5,36
CB3 909.70 904.34 5,36 4'DIA R- 3250A FES (1) 904.00 904.00
CB4 910.97 907.97 3.00 27'BIA R- 3250A CB5 910,80 906,83 906,13 4,67
CB5 910.80 906.13 4.67 4' DIA R- 3250A FES (2) 904.00 904.00
INL 900.00 PCS 910.65 903.99 904.00 6.65
PCS 906.50 900.00 6.50 4' DIA cust EXIST 904.52 899.73 899.39
I. MAINTAI~ 7.5' COVER ON ALL t~W WATERMAIN.
2. PiPE LEN~I'~$ S~-IOWN ARE MEASURED FROM CENTE~ OF- STRUCTURE TO
CE:NTE~ OP STRUCTLJt;~E OR ENO OP ~LAP. ED END SECTION.
$. PIPE: MATERIALS:
WATEI2.MAIN DIP CLASS
SAN SEWER PVC DER 2G
ROOF' DRAIN PVC SIDI~ '~G
4. SEE ELECTRICAL SITE PLAN POi;~ ADDITIONAL. SITE EL.DCTRICAL. INPORI'IATION.
.5. ALL COIgdECTION~ TO CITY UTLITIES TO BE N ACCOf~DANCE WITH CITY
NEW HOt::~ STANDARDS.
JCOOI;?.DINATEWITH I~CHANICAL DRAWINGS POl~ EXACT
LOCATION.G
..'.'.'.'.'.'.'.'.~f~VICP..r CONNE:CTIONS AND CONTINUATION OF' S~RVICES WITHIN IBULD~.
7. ADJUST A.I.L 5TRUCTUI~ES, PUBI..'IC AND P~IVATE, TO
WH~E DISTUI~BED._ C~Y WITH ALL RE(~I'IENTS
STRUCTUt~ES BEING RE.~::T TO PAVED AREAS TO i~ET OWNERS
REQUII~EI'IENT:S FOI~ TRAF-F'iC LOADINg.
VERIF'Y ALL CONi'~CTION~ TO EXl~l'bl(~ UTILITY S~-'I~VICES PI~IO~ TO
CONSTRUCTION.
oL COORDINATE WITH ALL INDIVIi:)t, JAL PI~IVATE UTILITY OWNER5 TO PROVIDE
ELECTRIC, NATUI~AL GAS, TELEPHONE, AND CATV ,S~:P. V1CE TO P~OPO'SED
BULDING.
J I'~), COORDNATE WITH tI~I;~JGATION CONTRACTO~ TO P~OVOE 4" ~CHEDULE 40
PVC LAWN ,~::~INKLEIP. 5LE~:VES AS REQt.JI~EtD.
CONTACT I~OPHER 01',E FOR EXISTIN~ UTILITY LOCATIONS PRIOR TO
CONSTRUCTION. ANY DISCREPANCIES BETWEEN LOCATED UTLITIE5 ANT THE
EXISTING CONDITIONS PLAN SHOULD BE NOTED AND F'ORWARDEO TO THE
OBTAIN ALL NECESSARY PEl~"tr5 POR CONSTI~JCTION WITHIN, OR USE OF
PUBLIC RIGHT-OP'-WAY.
JCOOP~tI~,IATE WITH CATV P~OVIDEtJ;~ F'OR ~EL. OCATION OF EXI~TIN~ CATV I~:~X.
PRELIMINARY PLAT
..................................... ~ SDL
......... ~ .................. ' ................... '"""""' ::~::
T.RGAL DESCRIPTION
Tract A ~eqmtered Land Survey No. 1247, F'~es or ~eqmtrar
or T~les, County o~ Hennep~; toqether w~h o permanent,
non-exclus~e easement to cross and rectors, v~h or v~hout
trucks, outomob/es or other veh=les Tract ~, ~eq=tered Land
~urvey N°. 1247 os shorn n deed ~ocument No. qoq122, Fde~
o? ~eq~tr~ o? T~tles, Hennep~ County, occordeq to the plot
thereo? on ~lle or o? record ~ the o~e o~ the req~tror o?
T~les, Hennep~ County, ~nesoto.
(,Torrens property, Cert~ote No. 673075)
(Ch~oqo T~le hsur~ce Comply comm~ment No. 14160, ~oted
June 4, Iqqq)
Troct B except the ~est 7 ~eet thereo?, Req~tered Lond
~urvey No. 1247, F~es o? ~eqetror o~ Tiles, County o?
Hennepe, ~enesoto
~Torrens pro~rty, Cert~ote ~. 575262)
(Ch~ Tile Insur~e Comply comm[~nt No. 123~6, Doted
June 4, Iqqq)'
Trocts C ond ~, ~eq~tered ~ 5~vey ~. 1247, Hennep~
Count y, ~nesoto
(Torrens ~operty, Cert~ote ~. ~62~05)
(Chromo T~le Insur~ce Comply comm[~nt No. 1416t, Doted
June 7, Iq~)
~ NOTES
L BeARINgS 0A.f~'D ON I..~NNeP~ COUNTY C~D~T~ ~YST~M.
2. BE~ T~ ~T DP F~E HY~ANT ~ ~ CO~N~ ~ 42~
AVE~ ~ W~T[A AVE~. DLEVAT~ q~.~ ~ CITY OF
3. UT~TE5 ~WN A~E ~ F~O ~A~E~T5 A~ AD~T
~TE5 PE~TA~ TO ~~ '~', TITLE C~NT ~. 14~0
4. DA~NT ~ ~AY ~P~5 ~ O~ ~. 863734.
~E5 ~ ~PECT5 ~CT ~~ AS ~WN (ITEH ~10)
9. EA~NT P~ 5T~T A~ UTUTY ~5 PE~ DOC ~. IqSq037.
7.00 ~e~ ~ ~eA~ ~. o~~ ~ ~ ~sT 7.00 P~
EA~NT TO C~055 ~ ~EC~5 T~A~ D, ~ DOC ~ 101764D
I0. EA~T F~ STenT A~ UTUTY ~S PEe DOC
~o37 a ~o~. ~es ~ ~PeCT ~ ~TY
II.eA~NT P~ ~AY ~PO~5 ~ O~T ~. ~6373~.
AO ~AY ~. q, ~AT ~, P~ A5 ~. ~. 135~773.
~ZON~G & SETBACKS
ZONN~: B-4 (COMMUNITY
SETBACIC.G:
F-I~ONT: 3D ~'~::T
I~F::AI~: 3.~ PEDT
MAXIMUM BLJLDI~ HE:IG"HT: 3 .5TOI~IE.5 01~ 36 F'EDT
PARI(I~ .5~TBACI(.5:
~ DEVELOPMENT DATA ~
TOTAL PARCEL AI~E'A: 104, L3q .SQ.PT / 2.3q ACI~E:,.G
LOT I, BLOCK I: 60,767 .GQ.PT / 1.40 ACI~E,,G
LOT 2, BLOCIC I:: 34,q45 SQ.F'T / 0.80 ACI~E.5
I~.OADWAY: 8,427 .5Q.F'T / O. Iq ACI;~:S
PROPOSED
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN AS THUS:
(NO SCALE)
I I
BEING 5 FEET IN WIDTH AND ADJOINGING
LOT LINES UNLESS OTHERWISE INDICATED
AND BEING 5 FEET IN WIDTH AND
ADJOINING RIGHT OF WAY LINES UNLESS
0 THERWISE INDICA TED
~ ¢ONC~TP. CI~OWN
6" OIA X §' STEEL PIPE BOLI. AI~D
¢ON~. r--tLLEO, PAINTE:O ~/HITE:
II
ROUND PIPE I~OLLA~ .~,~,~
( LLIt.4EELC. I-IA It~. 5"r'Mt~OL
BITUMINOUS Ti'J4CKN~$$ TO
MATCH EXISTINC WITHIN
3 F'T. TI~AN$1TION
y
SAWCUT
i'. ', 4?
-"-'.' '~:'.: 6 ~; .:.;;:"..0
~ .'-~.,' ~:~ ...:"~,;~ ~ ~ ~, ~ _.b~. ~ .
'- MLL EXISTING PVI'I'T I/2 DEPTH
~ APPLY TACI(COAT TO
VERTICAL PACE.
NDW PAVING SECTION '
( P,~¥EMENT 5,~LUC. UT .o ~
APPLES DIRECTLY TO B~LA AT 4D D~RE~ AN~
~0~ ~OOTH
WITHIN SI~N A~EA
-- TO B~ ~A~T~ BLU~ HANDI~A~ ~I~NA~D
P~ ADA, LOCAl,
STATD DTA~OD
(,WHERE APPLICABLE) STAINLESS STEEL t/4"
~T ~ BOLT
Z
~ PA~TEg TO ~ATCH A~ECTU~AL TR~
II~
~' ~A
UJ/ t--I,~NIDICAF~ .~IQN
iii !Jill
.~1 Ill+i ~ ' '-- c :t ' , ~j .
I ~ /~ /~ I~ . ~ ~,..
I ' c "'
ii' Z ?.' .".".'."'.,
I~ Ill /~
~,, ~, , ,%, ',/ :,'
,, , ,.....,.,~ , ~ ~._...~,.. .
~. , , ,,,~', , · · .j, ,
· , · ~, ~ ~ , ,',, ,
,~ ~ · ~' ,~ , ,,~ ~ i ;, ~,,
qplI .. ~. :
Ilili! ' "'
~ ~,,'. .~,'. ,
!111 __ :I {~....;// -
' i [i :,,Ill-,
,ii : , . '.,
: [,lil,,l,ll; Ill llll "liil-:!
I lllllllll~l l[l - ,
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,',,
lllllll!!!!l, lll!lll llllll-
II l! l I l I ! l l l:l[lllllllll~l l.l.l.[ll -,
. --- ~ : i~
LUMINAIRE SCHEDULE
DIE-GA~T CUTOFF 400 WA'I'T METAL
~-~ A 14 KAD 4(X)M R4 HS LUMINAIRE WITH HALIDE 9206t101.1ES 3~X}0 0.72
° HOUSE SIDE SHIELD
KAD 250M R4- DIECAST TYPE IV, 250 WATI' METAL
_~. B 15 Wall Idt. SHORT, CUTOFF HALIDE - HORJZONTAL 911 __0'-~_~-1~___ JE$20,500 0.72
LUMINAJRE BURN
LUMINAIRE LOCATIONS
N~, L~bel X Y Z MH OHentatkm Tilt X Y Z
I A 500872.0 188179.0 30.0 30.0 0.0 0.0 500872.0 188183.0 0.0
2 A 500926.0 188178.0 30.0 30.0 0.0 0.0 500926.0 188182.0 0.0
3 A 500981.0 188179.0 30.0 30.0 0.0 0.0 500g~1.0 188183.0 0.0
4 A 50t03~.0 188180.0 30.0 30.0 0.0 0.0 501035.0 188184.0 0.0
5 A 501105.0 15020~.0 30.0 30.0 270.0 0.0 501100.9 188208.0 0.0
6 A 501104.0 188264.0 30.0 30.0 270.0 0.0 50109g.g 188264.0 0.0
7 A 501105.0 188318.0 30.0 30.0 270.0 0.0 501100.9 - 188318.0 0.0
8 A 501104.0 188305.0 30.0 30.0 270.0 0.0 501059.9 1_~-___~96.0 0.0
g A 500838.0 188236.0 30.0 30.0 g0.0 0.0 500840.1 188235.0 0.0
10 A 500836.0 1052g~.0 30.0 30.0 g0.0 0.0 500840.1 188205.0 0.0
11 A ~_~0~_ _~5.0 188363.0 30.0 30.0 g0.0 0.0 5iX)839.1 1_~__'~_$.0 0.0
12 A 500847.0 188419.0 30.0 30.0 131.8 0.0 500550.0 188416.3 0.0
13 B 500579.0 188445.0 20.0 20.0 180.0 0.0 ~_r,008__79.0 188440.9 0.0
14 B 505500.0 18844~.0 20.0 20.0 180.0 0.0 500930.0 188440.g 0.0
15 8 500053.0 10545~.0 20.0 20.0 g0.0 0.0 500957.1 188450.0 0.0
16 B 501047.0 IM304.0 20.0 20.0 g0.0 0.0 501051.1 188354.0 0.0
17 B 501047.0 t05313.0 20.0 20.0 50.0 0.0 50105t.1 188313.0 0.0
18 B 501048.0 150271.0 20.0 20.0 90.0 0.0 501052.1 188271.0 0.0
19 B 500912.0 188354.0 20.0 20.0 270.0 0.0 500507.g 1883M.0 0.0
20 B 500912.0 1883'i3.0 20.0 20.0 270.0 0.0 500907.9 188313.0 0.0
21 B 500913.0 188270.0 20.0 20.0 270.0 0.0 500505.g 188270.0 0.0
22 B 500935.0 188369.0 20.0 20.0 0.0 0.0 500925.0 188373.1 0.0
23 B 505977.0 188369.0 20.0 20.0 0.0 0.0 500977.0 188373.1 0.0
24 B 501020.0 18836~.0 20.0 20.0 0.0 0.0 501020.0 188373. t 0.0
25 B 5009___'54..0 188250.0 20.0 20.0 180.0 0.0 500934.0 188251.9 0.0
26 B 500977.0 188250.0 20.0 20.0 180.0 0.0 500g'/7.0 188251.9 0.0
27 B 501020.0 188256.0 20.0 20.0 t50.0 0.0 501020.0 188251.9 0.0
26 A 501028.0 150450.0 30.0 30.0 270.0 0.0 501023.9 188459.0 0.0
¢o~r.
DECIDUOUS TREES
LITTLE LfiAP TILIA CO~[;)ATA
Tc 5 LiNOEN 'LITTL~ LEAP' 2.5" CAL.
~e 7 ~8LOCATfi~ 3' T~885 - 3' MACH~
ON SITE
~ ~N58T ACE~ ~U~UM 2.5' CAL.
As 4 MAPLE 'p~A~S
CONIFEROUS TREES
Pn6 2 A~T~IAN P~ P~ ~A 6' ~.
ORN~ENT~ TREES
Ms 2 S~A~ TY~ M~S ~TYZ~ 1.5 C~
C~
~ 2 KE~Y C~ ~AL~ '~8L~y' 2.9, CAL.
CONIFEROUS SHRUBS
~E~ '~A ~88N' 30' ~. I CAL.
~ 8 ~85 ~ ~~ ~~Akffi 30. ~. I
ToT 34 TEC~Y A~IVIT~ T~JA ~T~
· TE~ 30' ~. I CAL.
DECIDUOUS SHRUBS
~bA 27 ~EA '~T~Y ~AT~' ~9' HT. C~T.
A~ C~ '~EN M~' 19' HT. CONT.
~y ~ R~A ~.
~ ~4 ~0~ '~y ~ ~' HT. CONT.
OWA~ ~ SYRIA
D~ IO LEAC 'PAL~ 24" HT. C~T.
C~ Iq D~W~ '~A~A' 24' HT. CONT.
~5Y ~A~ ~ ~L~~A
A~ 7 ~E~y VA~ ELATA 74" HT. C~T.
GROUND CO~R ~D PERENN~
~A~T5 ~E ~OCALL~
~A 15~ DAYLLy '~T5 ~' ~ I GAL, POT
Sad 40 AUT~ ~Y
se~ 'AUT~ ~y' ~ I~AL, POT
~S 60 ~ ~A~ ~US~N ~A~ ~ I G~, POT
INDICATD$ PLANT OUANTITY
INDICATES PLANT TY~$ AS PE:IP. $CHDDULD
I. Landscape contractor shc~l ver~ the s~e proc co sube~cnq a bd to become ~'omar v~h
con~ens. T~ landscape c~tr~t~ s~l hove oil ~der~o~d urines I~ated ~ to
T~ laP.ape contr~t~ s~l co~ote ~tollot~ vth C~
2. All pl~t ~t~els s~ con~m ~h the ~=~ Assoc~t~ ~ ~y~ st~ds
h~dy sto~, Free F~m d~, d~ ~ d~ot~. I[ t~e a a d~re~y betve~
or pl~ts ~ t~ let ~ the ~ s~vn ~ ~ ~, t~ pl~ ~1 ~v~n.
3. All ~ be~ s~i be e~d v~h 6~1~ veyl e~ (~ C~o ~ ap~oved equeal~t). All crees
not pl~ed v~h~ o ~ plmt~ ~ ~1 ~e a 4 F~t d~t~ ~d ~dv~ ~ d~ ~stall
~ t~ tree.
4.T~ entre s(e ~1 ~ rr~t~ vth m ~~ rr~t~ system. The system ~1 ~ d~ed
by the mtoll~ ~ ~ov~ by tM Ov~ ~ e~ pr~ to ~t~lot~. All ~
~eo). ~ reto~ ~ls ~e r~ur~ ~m tM I~op~ ~ Mve mt ~ ~ r~ the
~oJect.
5. ~k~ n(~t~ t~ ~r~ ~vey ~r~d by L~F~e enq~m Co~y. Crated
ex~sly ~m the ~o~t. UtJ~y I~ot~ to ~ reid v~r~ ~ to excovat~/c~tr~t~.
7. L~ ~t~els r~ur~ by tM c~y
~ch to ~ 4' ~ h~dv~ b~
q. Plmts to ~ sp~ed at 24' ~
12. ~k ~ch to be 4' ~. ~ to ~ I/2' to 3/4' ~r colored I~t~.
( TYPIC_..,,~L f='E~ENNIAL f='L,,~NTIN~
NOTE:
HAND LOOSEN ~OOTS C~
e" rt~X. CONT~ ~ATC-e~ (*rYP.)
~Y ~T~ ~ ~S ~
~S TO ~T ~ ~ ~ :~
PIAI~ENANCE EDG"I~
P~F. ee TO PI.AN POe G2OLe~ COVEI~
SU~ G'e. ADe
0~' SHI~L~ 1'4 BED TO TAILE
EDGE.
( T'T'PIC,,~L ~NI~LJ~ PL,~,NTIN~
NOTE::
TWO ALTEP. NATE: HE:THC)DS OP
TI~E~ .STAKII~ ~
IT 15 T~ ~T~A~TO~'5 ~TION TO
CONT~A~ 15 ~5P~S~e
HA~TA~ T~5 ~ A
~A~TDD ~
5C~Y ~TT~ A~ S~5
~E ~ TO ~ANT~
SUB G'P. AOE:
18" 2* X 2* X 24' WOOO ST.N~
i AT ANGLE:
EDGE CONDITION VAP. ES -
TYPIC,AL
T~EE F:'L,~NT IN~
T"F'PIC4,L EEDC~E EDET4,1L
4,T 50DDED EDGE
(~ Th"PIC,,~L EEDC~E DETAIL
4,T PL4,NTIN~
NOTE:
HAND LO(2~-~N I~OOT~ 0~'
¢ON'rAt, L~-.~JZEO i"I. ATB~JAL (TYP.)
(~ T"r'PIC4,L f:::'EF~ENNI4,L PL4,NTIN~
NOTE:
¢ONIC'EI~ TO HAVE ,.GHREDDED
HARDWOOD I'ILJLCH UNLESS NOTED
OTHDRWLGE:. NO MULCH TO BE: N
CONTACT WITH TRUNK..
$CAI~F'Y BOTTOM AND $1DE~ OF
HOLE: PRIO~ TO PLANTING.
NOTE::
Z ....... : - : ' TWO ALTE:RNATE: I'IE:THODS OF-
~ ..... '... TRE:E: STAIF, ICG ARE LLLJSTRATED
IT 15 TI~ CONTRACTOI2'$ OPTION TO
STAY, E: TRE:E:$: HOWE:vr::R, THE
CONTRACTOIP, 15 RESPONDtBLD POR
MAINTAJNIqG" TRDE:S N A PLL~
PO:~I'ION TI.~OU~HOUT THE
G"UARANTee: PE:PJO~
() T"r'f=:' I C.,,~ L CONIFEROUS
T~EE f=L~NT INC=
~ NO~TI.-I ELEv,ATION ~~
()E,~,ST ELEV',&,TIC~
.~UT~ ELEV'ATIC)N
( TO~E~ ELEV'~TION
l/e" · 1'-~"
~l
I.
il.
51~N ]~ET,~IL5
I
<
(),%ICON DETAIL
I,"S,' · !'
SEP-02-1999 16:36 NAC 612 595 983? P.02×i0
~J~THWEST ASSOCIATED CONSULTANTS_
~ '~~'~'~~1~' CONINIUNiTY PLANNING - DE,ION MARKET RESEARCH
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius
DATE: 2 September 1999
RE: New Hope - Walgreens PUD -
FILE NO: 131.01 - 99.09
BACKGROUND
Semper Development Ltd representing Waigreens.Pharmacy has submitted a plan for
privately redeveloping three commercial properties at the comer of Winnetka Avenue and
42nd Avenue. This redevelopment project will involve the acquisition of 4200, 4210
Winnetka Avenue arx:17858 42nd Avenue. The existing buildings will be demolished and
replaced with a 15,000 square foot freestanding Wa~--~-ts Pharmacy and a 5,000 square
foot multi-tenant retail building. This development proposal provides the City with
opportunity to redevelop three under-utilized commercial properties and introduce new
commercial growth into New Hope Commercial Center.
The following development appiication~ are nece,~sary to process the proposed
development
Preliminary plat. The developer proposes to combine the three existing lots into two
commercial lots.
CUP/PUD. The project propo,~ an Integrated site design that provides shared access,
parking and similar architectural amenities. Through the CUP/PUD design flexibility
pertaining to the drive through window design, the amount of parking and amount of
signage are being requested.
Vari~ce, The Zoning Ordinance requires a 25 foot side yard setback where commercial
properties abut residential zoning districts. The site plan proposes a 10 foot side yard
building setback against the north property line. A vadence from this required setback is
being requested.
5775 WAYZATA BOULEVARO, SUITIE ~l:i~ ST. LOUIS PARK, MINNESOTA 5541
PHONE 6 1 2-595-9636 F'AX e ! ~-59~-9e37 E-MAIL NAC'(~WINTERNET.COM
Attached for reference:
Exhibit A: Existing Conditions
Exhibit B: Preliminary Plat
Exhibit C: Site Plan
Exhibit D: Retail Building Elevations
Exhibit E: Walgreen Building Elevations
Exhibit F: Landscape Plan
Exhibit G: Grading Plan
Exhibit H: Utility Plan
RECOMMENDATION
The development applic~Jon offers the City the opportunity to implement private
redevelopment within the City's commercial center. Both proposed uses and site design.
favorably compare to the stated land use goals of the New Hope Comprehensive Plan.
Based on our review, we offer the following recommendations:
Preliminary Plat
The preliminary plat complies with standards of the New Hope Zoning and Subdivision
Regulations. We recommend approVal subject to the following conditions:
1. Hennepin County approval of the curb cut locations.
2. City Engineer comments pertaining to site grading, drainage, utilities and
easements.
Setback Varlange
We recommend approval of a nine foot side yard building setback variance along the north
property line of Lot 2 with the following findings:
1. The strict interpretation of the Code would result in exceptional difficulties in the
utilizing of the lot and overall site design.
2. Through the variance approval, a superior site design is achieved that promotes a
higher level of compatibility between the commercial site and neighboring
residential properties.
2
SEP-~-1999 16:5~ NAC 612 595 9839 P.~10
CUP/PUD
The planned unit development provides flexibility from the City regulations that permit a
innovative site design, shared access and parking. Based on our review, we recommend
both concept and development stage PUD approval with the following conditions:
1. City approval on the reduction of required parking.
2. Applicant establish cross easement for establishing shared access and shared
parking between Lots I and 2.
3. Applicant provide maintenance agreement outlining maintenance responsibilities
for the shared access and parking area.
4. Applicant provide a description for Lot 2 building loading area.
5. Applicant comply with landscape recommendations outlined in the planning report
6. City approve the flexibility of the requested site signage as part of the PUD.
7. Freestanding signs be relocated to provide 10 foot setback from property lines.
ISSUE ANALYSIS
Preliminary Plat. The proposed preliminary plat consists of combining three existing lots
into two new commercial lots.
Lol~. The B-4 Zoning District doe~ not establish minimum lot area and lot width
standards. The proposed lot sizes in Annabel's Addition are:
Area Width
Lot I 60,767 square feat 214'
Lot 2 34,945 square feat 123'
The lots appear to offer sufficient land area to accommodate the proposed buildings.
Street~. Wrth the exception of the building setback from the north lot line on LOt 2, ali
setbaoks meet or exceed City standards. A variance from the north lot line setback
standard will be evaluated later in this report.
S~P-02-1999 16:5~ h~C ~1~ ~9~ 9B~ ~.0~/10
Acee~'tl'eat~ The plat abuts two county roads. Hennepin County approval of the cum
cut locations is required. Through the site redevelopment, the number of access points
is being reduced from six to two. The new curb cut location exceeds the City's
requirements for setback from the intersection.
The proposed plat will dedicate seven feet of additional 'street right-of-way along both
VVinnetka Avenue and 42nd Avenue.
Easement~. Ten foot drainage and utility easements are shown along the rear and side
lot lines in conformance with City standards.
Oversized drainage and utility easements cover water and stormwater lines that run
through the parking lot. Parking lot improvements will exist over ~ese easements. The
City Engineer should comment as to the appropriateness of the size and location of these
utilities and easements.
CUP/PUD. The applicant has requested approval of a CUP/PUD as a means of integrating ·
the site design of the two commercial lots. The requested CUP/PUD is evaluated .in the
following paragraphs:
Compmhenetve Plan. The proposed project is consistent with the following
recommendations of the 1998 New Hope Comprehensive Plan:
Commercial Recommendation (Page 42)
· As opportunities present themselves, redevelop and assemble small commercial
sites to create larger commercial lots capable of a=commodating contemporary
o. ffice, retail, and service providem. Spec, iflo land assembly target areas include
sites along Bass Lake Road east of Winnetka Avenue, 42nd Avenue east of the
railroad tracks, and Medicine Lake Road east of Hillsboro Avenue.
· Coordinate redevelopment efforts of the shopping centare in the City Center area
of New Hope to promote easy access, shared parking and pedestrian movement
between the shopping canters to promote business interchange between these
shopping centers.
· Consider a reduction in the ~'~opping center perking standard and promote shared
parking arrangements in an effort to reduce parking lot size and create additional
commercial building sites that would complement the shopping centers.
4
SEP-02-1999 16:5"? ~qC 612 595 9B5"7 P.06/1.0
· Redevelopment effod, s in commercial areas shall promote commercial land uses as
a first priority. However, the City will consider the introduction of compatible and
complementary alternative land uses as part of the commercial redevelopment
projects if it will enhance the commercial vitality on a City-wide basis.
· To enhance the commercial image and to unify the identity of New Hope's
commercial areas, the City will implement its Streetscape Plan to establish a
common design theme throughout the various commercial locations.
While the aforementioned recommendations do not specifically target the applicant's site,
the proposed project embraces the City's objectives for commercial redevelopment.
Zoning. The site is zoned 'B-4" Community Business District. Drug stores and other retail
uses am permitted uses within this zoning district. Drive-through windows are allowed as
a CUP within the B-4 District.
Lot Area. The B-4 zoning district does not establish minimum lot sizes or lot width
standards. Through the subdivision, the applicant is combini~ three commercial sites into
two Isis. the proposed lot layout accommodates a more desirable lot layout than currently
exists.
'Setback. The following setbacks are applicable to the subject site:
Proposed
Required Lot I Lot 2
Building:
Front Yard (Along Winnetka) 35 feet 86 feet 35 feet
Side Yard (Along 42nd) 30 feet 82 feet NA
Side Yard (Interior) 10 feet 20 feet 56 feet
Side Yard (Adjacent to
Residential) 25 feet NA 16 feet
Setback Variance. The applicant is requesting a variance from the required 25 foot
satbad< from residentially zoned property.
Section 4.221 of the New Hope Zoning Ordinance outlines the conditions for a variance.
In examination of the site layout, adjustment could be made to comply with required
setback, however, the City staff agree that such an adjustment would result in a less
desirable site design and would raise more compatibility iuues with residential property
to the north.
5
SEP-02-1999 16:38 NAC 612 595 983"Y P.07/10
The current site design keeps the majority of site a~'tivity (i.e,, parking, loading, driveways,
lighting) south of the proposed Lot 2 building. The building itself serves as a screen
between the residential zoning district and the commercial activities. Only a landscaped
yard is proposed along the north side of the Lot 2 building. No doorways or Fighting are
proposed along the building'S north elevation. Shifting the building south would impact site
parking and access and could result in shifting more parking or driveways north of the
building.
The New Hope Zoning Ordinance allows the City to grant a variance where the strict
application of the code would result in exceptional difficulties when utilizing the lot in a
manner customary and legally permissible within the zoning district. City staff
recommends approval of the requested nine foot side yard variance under this condition
of the City Code.
Parking. The parking lot design complies with dimension standards of the City Zoning
Ordinance.
The applicant is requesting flexibility from the City's required parking [brough the
CUP/PUD. New Hope City Code requires one parking stall per 150 square feet of floor
area for retail uses. The standard requires 121 parking spaces for the two proposed retail
buildings. Based on their estimated need, the applicant has proposed a standard of one
stall per 200 square feet of floor area or 96 stalls for the proposed two buildings.
The new Comprehensive Plan recommends that the City re-examine its parking standards
as part of its Zoning Ordinance update to be reflective of current parking demands and
avoid underutilized parking lots. Additionally, the Comprehensive Plan promotes sllared
parking arrangements to economize on available commercial land.
The parking ratio of one space per 200 square feet of retail floor area is a commonly used
standard in adjoining cities. Staff would recommend acceptance of the requested parking
flexibility.
The site plan complies with required disability parking standards.
Accede, The proposed site plan dramatically improves site access over present
conditions. Access points have been reduced to two, the curb cut and drive aisles are
generous and meet City standards.
Easements for shared acces~ and parking must be established with filing of the plat and
PUD. A maintenarme agreement should be provided that outlines the terms and
responsibilities for maintaining the shared driveways and parking lots.
SEP-~-1999 1G:58 NAC G12 595 985"? P.~8/10
Striped pedestrian cross walks and sidewalks have been provided that connect the
building entrances to the public sidewalk along 42nd Avenue and Winnetka Avenue.
Drive-Through Window. As part of the CUP/PUD the applicant is requesting a drive-
through service window on the east side of the Walgreen's building. The drive-through
features two service lanes, a stacking lane approximately 90 feet in length and canopy
over the inside service lane.
The design of the drive-through service window is favorable to the site. The service
window location fronts toward the adjoining car wash, eliminating visual or noise issues.
The drive-through location and design does not interfere with site parking or traffic
circulation.
City Zoning Ordinance requires 180 feet of automobile stacking for a drive-through
window. The applicant is requesting PUD flexibility to allow a 90 foot stacking lane. The
basis for this request is that the pharmacy service widow does not have the user demand
of other drive-through facilities (restaurants, banks). The Iow volume use and the 2nd
service lane offset the need for additional stacking space. City staff supports the
requested shorter stacking lane.
Loading. The loading area for the Walgreens building is located along the north side of
the building. This loading area is well de~i~ to avoid conflicts with on-site parking and
circulation. The Walgreen loading area complies with dimension standards of the Zoning
Ordinance.
The north retail building does not show any provision for on-site loading. The site plan
should be revised to illustrate a loading area for the north building.
Trash Enclosures. The site plan identifies locations for tra~ enclosures. The trash
enclosures will be constructed with material that matches the buildings.
Lamlscape Plan, The submitted land~a~ plan generally responded to the suggestions
of City staff and the Design and Review Committee. The plan emphasizes attractive
landscaped areas at the Winnetka/42nd Avenue intersection and at the site entrances.
The types and sizes of the proposed landscape materials meet City standards. In review
of the landscape, the following additions and modifications are suggested:
1. The landscape area at the northwest entrance extends into the street right-of-way.
All landscaping should occur within the lot lines.
2. Design and Review Committee suggest some landscape treatments at the building
entrance. "
SEP-02-1999 16: 3B NAC 612 595 985~ P. 09x10
3.To break up the building massing, it is recommended that throe or four upper story
trees planted along the north side of the Lot 2 building.
4. Hemay Hudson Roses are proposed to screen the north parking lot from the
adjoining property, These are deciduous shrubs. It may be appropriate to blend
some configerous shrubs with roses to provide a year round screening effect.
Snow Storage. The applicant should illustrate proposed snow storage areas on the site
plan or include a plan for snow removal as part of the PUD approval.
Building. Exhibits D and E illustrates the elevation of the proposed building. Both
buildings will be constructed with a combination of face brick, EIFS exterior walls with
preflnished metal coping, and gutters and down spouts. The Walgreen building will be
accented with an attractive glass tower at its entrance. The building materials and design
will produce an attractive addition in the New Hope City Center area.
$1gnage
1. Freestanding Signs. Each lot is entitled to one freestanding sign having 100 square
feet in area and 30 feet in height. The applicant's plan indicates that they will
comply with City standards.
City standards require freestanding signs to be setback 10 feet from the lot lines.
Both freestanding signa need to be relocated to meet the 10 foot required setback.
2. Wall Signs. The B-4 Zoning District allows the following wall signage:
a. Two signs per building.
13. Sign area shall not exceed 15% of wall face or 250 square feet whichever
is less,
The following signage is being requested:
North Building South Elevation 4' x 24' = 96 sq.fL
West Elevation 2' x 12' = 24 sq.ft
120 sq.ff.
SF_~-~-1999 16.'~B ~ 612 59~ ~ P. 10,,'10
South Building 2 Walgreen 3.5 x 30 = 210 sq.ft.
2 Pharmacy 1 x 9 = 18 Scl.ft.
2 1-Hour Photo 1 x 10.5 = 21 sq.ff.
I Drive-Through
Pharmacy I x 14 = 14 sq.ft.
TOTAL SIGNAGE 263 sq.ff.
The north building falls below minimum signage standards, however, the Walgreen
building exceeds the City standards with regard to both number and size. In view
of a recent sign variance granted to another commercial site that was premised on
significant site improvements, staff recommends granting flexibility to the City sign
standard~ through the PUD process to allow the wall signage illustrated on the
building elevations.
3. Window 8ignage. The City allows 33% of the window area to be used for window
signage. The Walgresn's name slogan and trade mark located in the glass tower.
over the entrance qualifle~ as window signal}e, 'This graphic represents only 14.8%
of the window area.
CONCLUSION
The Walgreen8 proposal offers opportunity to promote private redevelopment at vital
commercial locations within the City. the cona~'ainta of the site require an innovative site
design and application of a planned unit development. In review of the proposal, we
believe the applicant has provided a quality site design and recommend approval subject
to the .condition~ outlined in the summary of conclusions.
9
TOTAL P. 18
09/03/99 11 '56 ~] :02/02 N0:883
~ I. Cook, P~ · Ro0e~ q. 5~Kht. t~. · Jerry A. ~u~. CE. · "'~
Associates R,,~ w. F,,ter. RE.. O.ld O. LO,,o,,. RE.. Ro.,. C. ,us.~ A.~. MaE, A. Hanson.
Engineers & Architects . ~t~;~w. mone*lm~r~
"
S~ wa~r ~ic~ sh~l ~ ~vi~ f~ ~ bufl~. Shut off v~v~ sh~] ~ pwvi~
. ~.
· . .~ ;..
[~:'
:. ,,~:
Principals: Otto G. Bonestroo. RE. · Joseph C. Anderlik. PE. · Marvin L. Sorvala. RE. ·
Rosene G,enn R. Cook. P.E..Robert G. Schun,cht. P.E.. Jerry A. ourdon.
Robert W. Rosene. RE.. Richard E. Turner, RE. and Susan M. Eberlin, C.RA., Senior Consultants
Associates Richard ,. Foster, PE.. David O. Loskota, ,E.. Robert C. Ru,sek. A.I.A.. Mark A. Hanson, P.E. ·
Michael T. Rautmann, RE. · Ted K.Field, RE. · Kennet~ R Anderson, PE. · Mark
Sidney R Williamson, RE., L.S. · EoDert R Kotsmith · Agnes M. Ring · Allan Rick Schmidt. RE.
Offices: SL Paul, Rochester, Willmar and St. Cloud, MN. MiJwaukee, WI
Engineers & Architects ~,~: ....
MEMO
TO: Kirk McDonald, Doug Sandstad
FROM: Vince Vander Top
DATE: September 1, 1999
SUBJECT: Walgreens (42nd / Winnetka Avenues)
Our File No. 34-Gen E99-14
We have received the revised plans for the proposed Walgreens Site Improvements. Some of the
previous comments issued August 18, 1999 by Mark Hanson have been incorporated into the
plans. Most notably, additional ROW has been provided to accommodate left turn lanes in the
County Roads.
The following comments reiterate previous comments if appropriate and identify additional site
items.
Site Plan
1. The City may consider requiring an access easement across Lot 2. This would assure
permanent access to Winnetka Avenue for Lot 1 in the event LOt 2 would change ownership.
A separate access to Winnetka Ave for LOt 1 will not be permitted by the County now or in
the future.
2. The site plan does not depict retaining walls grea!er than 4 feet in height. Separate approvfl
by a registered engineer, is not required.
Preliminary Grading Plan
3. An existing catch basin is located in the proposed access to 42"a Avenue. Replace the casting
with an appropriate driveway casting.
4. Provide a pond overflow at the HWL. Protect overflow with riprap.
5. Do not provide trash guards on pond inlets.
Preliminary Utility Plan
6. Submit documentation that the pond volume is sufficient to detain water such that the
outflow is limited to two els.
7. Water to the buildings is proposed to extend from the existing hydrant at the corner of 42"a
and Winnetka. Public Works is currently reviewing this configuration. City Policy calls for
the City to maintain the water supply system up to the Property Curb Stop. Under the
proposed configuration, both LOts 1 and 2 share a common water line from the curb to the
interior of the plat.
At a minimum, the City will require a valve at the property line (as shown) and valves on
each building service after the two split from the common line. Public Works may require
separate water service lines for each building. The feasibility of this should be discussed.
8. All water main leading to hydrants shall be pressure and flow tested according to City
standards. Use stainless steel bolts on all valves and fittings.
9. All existing water and sanitary services not used for new construction shall be abandoned and
inspected by the City. The City does not have records to locate the water service to 7858
42na Ave. building.
10. All steep slopes shall be restored with sod or erosion control measures to prevent erosion.
Erosion into the psnd and/or storm sewer shall be cleaned prior to final acceptance.
Preliminary Plat
11. Drainage / Utility Easements 10' wide shall be provided along all lot lines.
If you have questions regarding these comments, please call Mark or myself.
cc: Mark Hanson
08/18/99 14:06 I~ -02/0~ H0:605
Engineers & Archlte~$ ~; ~~c~ . ~
F~m: M~k H~n :.:
Subj~t: W~ns (42~ / W~e~ Aven~)
Wi~e~ ;:~...
~A mvi~ by S~n~e ~k W~~ sb~ld ~ ~~ wi~ ~ en~n~r.
HoweVer, ~ ~ ~lOns su~vision is lm ~m five m, a ~view my not ~
site sh~ld ~ msffic~ to ~o ~c f~ ~r ~d (cfs). "~
~pmv~ by a m~s~.en~n~r.
It w~ ~~d ~ tO e~ ~ s~ca~ ~ ~ong 42~ Avenue: ~e buildi~
.'.i.:
.~.~
2335 West Highway 36. St, Paul, MN 55113 · 651-636-4600 · Fax: 651-6362~3ii~ ' ~
JENSEN SWANSON SONORALL, P.A.
Attorneys ~It Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1999
TELE?HO~E (612) 424-8811 · TELEFAX (612) 493.5193
GORDON L. JENSEN* E-MAIL jss~jsspa.com
WmLI^M G. SW^NSON
STEVEN A. SONDRALL
MARTIN P. M^LECHA
C. ALDEN PEARSON~
DEAN A. TRONGARD'I'
1
999
JULIE A. THILL ,~,U~USt .ay,
OF COUNSEL
LORENS Q. BRYNESTAD Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: Annabels Addition
Our File No.: 99.15049
Dear Kirk:
I have examined the proposed preliminary plat for Annabels Addition and have the
following comments:
1. The plat does not list the owners of the involved real estate. That
information will be needed. To show ownership, title evidence will also
be required, and all owners must be signatories on the final plat. In
addition, all mortgage holders must either be signatories on the plat, or
sign a reeordable consent to the plat.
2. The plat shows a five foot wide utility easement across the northerly
portion of Lot C. If fi'ds easement has not already been vacated, it must
be vacated in accordance with the procedures set forth in City Ordinance
{}6.09. This procedure involves a petition by the property owners, and a
hearing before the Council after published and mailed notice.
3. The plat shows an access easement across Tract D, in favor of Tract B.
This appears to be a private easement, though our office will need Copies
of Document Nos. 1017648 and 1017649 to confirm that. If the easement
is 'private, the affected parties can extinguish it, and that should be
completed prior to the filing of the f'mal plat. If the easement is a public
easement, the same vacation procedures referred to above must be
followed.
*Real Property Law Specialist
c~,in~ ~y T~ 4. When the plat is filed, the entire real estate taxes, due and payable for the
Minnesota Sta~ Bar
Association
tQualifie~ ADR Neutral
Kirk McDonald ~"
August 20, 1999
Page 2
year in which the filing takes place, must be paid in advance. So there will be some
advantage for the owners to completing the platting process in 1999.
Be sure to contact me if you have any questions.
Sincerely,
Martin P. Malecha
. Assistant City Attorney
cc: Daniel J. Donahue, City Manager
Steven A. Sondrall, City Attorney
Sep-O1-99 O3:29P Henn. CtX. D.P.W. Permits 612 4784002 P.O2
September 1,
~k ~cD°~d
C[~ of New ~o~
~1 Xyloa Ave. N.
New Ho~, ~ 55428
Re: Pm~ Plat- ~ls Add'a
CS~ 9 / 156 ~
Secfioa 20, To~ 118, ~ge
H~ep~ ~ ~lat No. 2498
R~ew ~d ~~en~fions
M~om S~s 505.02 ~d 505.03, PI~ ~d S~eys, ~ ~o~ ~ew ofpro~s~ p~ abu~n~
co~ ~. We re~ew~ ~e a~ve pl~ ~d m~e ~ follo~t comm~:
* ~e propos~ ~ess po~ appm~ly 2~0 fe~ ~ ~d no~ of ~e ~t~fion ~ ~bl~..
~ ~e we~ly shopp~ c~er ~veway. Al~, a ~ss ~ment for ~ ~eway shoed ~ c~ate~
prior to ~~ ~c~om ~s ~clffdes, b~ ~s not l~t~ to ~s, d~e ~d ut~
~ctio~ ~I d?elopmen~ ~d l~~. Con, ct o~ Pe~ S~fion at ~45-7601 f~r
appwpg~ ~t
. ~e develo~r mua ~ore ~ ~ ~ ~e ~ d~ht of way, ~s~d d~int co~cfion.
Pl~e d~ct my re~ to D~ ~m at 745-7~3.
As a mawr of p~~, we reque~ ~t ~e CiW Clerk ~o~ us of ~e Ci~.~'s
of way ~d a~ ~o~sio~.
T~~on Pl~ing
TDJ:D~:j~
B~ M~
(612) 7~7~ F~ (612) 4~ ~ (61~ ~2~
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
A B C D E F G H I J
Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City
cation application was sent day time day time Applicant for City approved or sent response
number Name received notice limit limit was notified action denied the to Applicant
Address by City that required expires expires of under application
Phone information extension extension
was missing or waiver
99-18 John Kohler 8/13/99 10/12/99 12/11/99
Semper Development Ltd.
600 Foshay Tower
821 Marquette Avenue
Minneapolis 55402
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
A. Assign each application a number.
B. List the Applicant (name, address and phone).
C. List the date the City received the application.
D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
E. To calculate the 60-day limit, include all calendar days.
F. To calculate the 120-day limit, include all calendar days.
G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
H. List the deadline under any extension or waiver.
I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
Memorandum
To: Planning Commission Members
From: Kirk McDonald, Director of Community Development
Date: September 3, 1999
Subject: Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with
additional detail on Council/EDA/HRA actions. It is not required reading and is optional information
provided for your review, at your discretion.
1. Au.qust 9 Council Meetinq - At the August 9 Council meeting, the Council took action on the following
planning/development/housing issues:
A. Resolution Authorizing Release of Financial Guarantee for YMCA Gazebo Project at 7601
42nd Avenue (Planninq Case 98-10): Approved, see attached Council request.
B. Resolution Authorizinq Reduction of Financial Guarantee for 8201 54t~ Avenue (Plannin.n.
Case 98-23): Approved, see attached Council request.
C. Planninq Case 99-08~ Resolution Approving Request for a Conditional Use Permit to Allow
for School Expansion and SitelBuildinq Plan Review Approval, 8203 470, Avenue: Approved.
D. Planninq Case 99-14, Resolution Approving Request for a Conditional Use Permit to Allow
Outdoor Stora.qe and/or Rental of Vehicles at 4904 Winnetka Avenue: Tabled to September 13,
more details on plans requested.
E. Planninq Case 99-01, Resolution Approving Request for Variance to the Requirement
Pertaining to Maximum Size and Number of Wall Signs and to Allow a Larqer Size and
Number of Wall Siqns than Permitted by the Si.qn Code, 4300 Xylon Avenue: Approved.
F. Project #622~ Resolution Awardinq Contract with Hydro Supply Company for the 1999 Water
Meter Replacement: Approved, see attached Council request.
2. August 23 Council Meeting - At the August 23 Council meeting, the Council took action on the
following planning/development/housing issues:
A. Resolution Proclaiming Citizenship Day and Constitution Week September 17-23 in the City
of New Hope: Approved, see attached Council request.
B. Ordinance #99-07, An Ordinance Amending Annual License Fee for Pinball Machines, Video
Games, and Pool Tables: Adopted, see attached Council request.
C. Resolution Adopting Preliminary Budget for the City of New Hope for the Year 2000 and
Establishinq Preliminary Tax Levy for the Year Payable 2000: Approved, see attached Council
request.
D. Resolution Establishin.q Public Hearinq on the Proposed 2000 Budget and Authorizinn
Publication: Approved, public headng date to be December 6, 1999.
E. New Planninq Commissioner appOinted - Larry Brauch, see background information under Oath '
of Office section.
3. Codes & Standards Committee - Codes & Standards did not meet in August, as the entire Zoning.'-'
Code is in the process of starting to be updated.
4. Desi,qn & Review Committee - Design & Review met to review plans for the gymnastics school and
the Walgreens development.
5. Comprehensive Plan Update Committee - The Committee did not meet in August. Met Council sent
correspondence requesting an extension for review of the plan (see attached correspondence).
6. Zoninq Code Update Committee - City staff and consultants met on Aucjust 6, 20, and 27 to continue
discussion at the staff level on areas of the Code that need to be modified. A Committee meetincj will
be scheduled sometime in September or October after the Planning Consultant completes an outline of
proposed modifications.
7. October Planinq Commission - Anticipated applications:
A. Joint Water Commission - Water Supply Plan
B. Kmart - CUP for outdoor sales
C. Walgreens final stage PUD
8. Proiect Bulletin - Enclosed are project bulletins regarding 42nd Avenue improvements, 1999
Infrastructure improvements, and Civic Center Park Courts/Swimming Pool Concession Building
improvements.
9. Bus Bench Update - Please see the attached memo from the Administrative Assistant concerning the
concrete pads for the installation of bus benches in the City per discussion from the last Planning
Commission meeting.
10. Miscellaneous Articles - Excerpts from Zoning Bulletin.
11. Miscellaneous Issues:
A. City staff continued to work on the following potential developments:
1) Navarre building expansion
2) Valspar building expansion
3) Lasky property
4) Avtec building expansion
5) A.C. Carlson plat and rezoning or CUP
6) Potential Keelor Steel expansion
Attachments: YMCA Bond Release
54"~ Avenue Soundwall Bond Release
Water Meter Replacement
Citizenship Day and Constitution Week
Ordinance 99-07
Preliminary Budget for Year 2000
Met Council Correspondence
Project Bulletins
Miscellaneous Articles
R] UEST FOR ACTION
Ozl~tnaUz~ Oepa~t Appro~.d trot· A~eada A~enda Sect/on
Community Development ~ Cnnsent
~/8' item No.
By:. Kirk McDonald and -9-99
Phil Kern ~ 6.4
/
RESOLUTION AUTHORIZING RELEASE OF FINANCIAL GUARANTEE FOR YMCA GAZEBO
PROJECT AT 7601 42NO AVENUE (PLANNING CASE 98-10)
ACTION REQUESTED
Staff recommends that the City Council approve a resolution releasing the final financial guarantee on
the YMCA Gazebo at 7601 42~ Avenue (Planning Case 98-10). The final release would be subject to
the payment of final administrative/consultant expenses. It is staff's opinion that the developer has
completed all of the required improvements to the property.
POLICY/PAST PRACTICE
It is the policy and past practice of the City to require a financial guarantee for specific site
improvements/amenities to insure that improvements are completed and to release the financial
guarantee when the improvements have been completed.
BACKGROUND
The YMCA approached the City Council in July 1998 seeking approval of a front yard vadance to allow
construction of an accessory building. The Council approved the request for the variance, allowing the
YMCA to construct a gazebo in its front yard between the existing building and 4Z" Avenue. At that
;time, a financial guarantee in the amount of $22,500 was posted by the property owner for the
installation of the gazebo, grading/drainage improvements, sidewalk construction and landscaping
improvements surrounding the gazebo.
On July 21, 1999, the City received a letter from the executive director of the YMCA stating all
improvements have been completed and requested that the City release its financial guarantee. The City
Engineer and Building Official have inspected the property and reported that the necessary
improvements have been made according to the approved site plan. While both are recommending the
City release the financial guarantee, they indicated concerns about grading and state the site should be
monitored for drainage problems. The site grading could potentially cause structural harm to the
sidewalk and/or gazebo if the site proves to not drain correctly.
(conrd.)
MOTION BY' ~OON~ ~'
Request for Action Page 2 8-9-$.
The resolution releasing the financial guarantee is subject to the YMCA paying any outstanding
administrative expenses. Staff is recommending approval of the resolution.
ATTACHMENTS
· Owner's Letter Requesting Release of Security
· City Engineer Correspondence
· Building Official Memo '
· Site Plan as approved on July 27, 1999
No~t Bmcb ~?
7601 ~2nd Avenue North
New Hope, .MN 55427
-312-535.4800 YMCA
f~ 612-535-7005 s~o~ f~, s~ co~~
July 21, 1999
Kirk McDonald
Community Development Director
4401Xylon Ave
New Hope, MN 55428
Dear Kirk:
The Gazebo project at the Northwest YMCA has been completed. Please forward the
C.D. funds from the Site Imp. Agreement to me, Tom McKinney 7601 42nd Ave N, New
Hope, MN 55427.
Thank you for you help. ..
Any questions please feel free to call me at 5354800 x125.
Sincerely,
Tom McKirmey
Executive Director
ACTION
EMPLOYER
FOR ACTZON
Depa'tmm Apprt ed for
Communi~ Development Consent
Kirk McDonald and ~ ~ 8-9-99
~ Phil Kern ~ / 6.
./
RESOLUTION AUTHORIZING REDUCTION OF FINANCIAL GUA~NTEE FOR 8201 ~ AVENUE
NORTH, NORTHWESTERN MUTUAL LIFE INSU~NCE COMPANY (P~NNING CASE 98-23)
AC~ON REQUESTED
Staff re~mmends that ~e Ci~ ~un~l approve a resolution r~udng the finandal guarantee for the
soundwail ~nstm~on at 8201 ~ Avenue No~. The Ci~ is ~ffenW holding $121,500 for the
~nstm~ion of the soun~all, lands~ping, and gr~ing improvements. S~ff is re~mmending the
reduction of the bond to $11,250.
POLICY/PAST P~CTICE
It is the poli~ and past practi~ of the Ci~ to r~uire a finandal guarant~ for specific site
improvements/amenities to insure that improvemen~ are ~mplet~ and to relea~ the financial
guarantee when the im~ovements have been ~mplet~.
BACKGROUND
' In Janua~, the Ci~ Coundl appmv~ a vadan~ to allow a soun~all to be ~nstmcted at 8201 54~
Avenue. The soundwali is intend~ to r~u~. noise impa~ from the indus~al use of the prope~ to the
adja~nt single family neigh~. ~e Ci~ enter~ into a site improvement agreement with the
prope~ owner, whi~ indud~ ~e ~ns~on of ~e soundwall, grading, lands~ping, and noise
monitoring tes~ng.
On July 19, No.western Mural LEe ~uest~ that the Ci~ release i~ ~nd, s~ting the requirements
of the site improvement agr~nt have b~n ~mplet~ wi~ the ex~ption of the noise level testing.
The Ci~ Engineer and Building ~dal ins~ the pmpe~ and found that a majod~ of ~e woA had
been ~mplet~. ~ ~me~ ~at ~fom ~e en~m bond be released ~e pmpe~ owner ~ect
existing grading problems a~ seal all seam openings in the soundwall to mdu~ high fmquen~ noise
pollution.
Also, a resident stop~ in Ci~ Hall dudng the last w~k of JuN to ~mplain about the noise levels
coming from the prope~. ~e, ms~ent s~t~ ~at noise levels am s~ll high even after ~e soundwail
(~nt'd)
~ON ~ , ~~
~: ......
Request for Action Page 2 8-9-98
was completed. It is anticipated that the resident will be providing the City with a wdtten complaint soon.
Staff recommends that a portion of the bond be held until the 24-hour noise monitoring test, part of the
site improvement agreement, is completed.
Staff is recommending the reduction of the bond to $11,250.
A'I'I'ACHMENT$
· Owner's Letter Requesting Release of Security
· City Engineer Correspondence
· Building Official Memo
. WALSTEN, WALSTON & TE SLAA, P.A.
Attorneys at Law
Bloomington Mendota Heights
1000 Northland Plaza 200 Dakota Financial Center
3800 West 80a' Street 1060 Dakota Drive
Bloomington. :MN 55431 Mendota Heights, ,MN 55120
Telephone: (612) 896.3799 Jame~ IL Walston Telephone: (651 ) 905-7000
Fax: (612) 896-37 l 7 Reply to Mendota Heights Fax: (65 I) 405-3775
J'uly 19, 1999
Mr. Kirk McDonald
Community Development Director
City of New Hope
a401 Xylon Avenue North
New Hope, MN 55428
Re: City of New Hope
Northwestern Mutual Life Insurance Company
Variance Site Improvement Agreement
Planning Case Nos. 98-23 and 9~.25
54ta Avenue Distribution Center
Our FHe No.
Dear Mr. McDonald:
This letter is a follow up to our June 29, 1999 telephone conference.
Please be advised the sound wall, landscaping and grading/restoration have been
completed in accordance with the terms of the above-referenced Variance Site Improvement
Agreement ("Agreement"). In addition, Northwestern Mutual Life Insurance Company has
complied with aH other requirements of the Agreement.
Pursuant to your instruction and in accordance with paragraph 11 of the Agreement,
Northwestern Mutual Life Inmsrance Company is requesting the Performance Bond be released
and the City formally accept all of the secured work.
Please advise on the final billing for administrative costs (paragraph 8 of the Agreement)
and I will forward the invoice to my client for payment.
,Mr. Kirk McDonald
July ! 9, 1999
Page 2
We should also discuss the completion of the 24-hour post construction noise monitoring
as set forth as condition number 7 on page 2 of the Agreement. Does this have to be
accomplished before the release of the Bond and the City's formal acceptance of the secured
work.'? Please advise.
Sincerely,
WALSTEN, WALSTON & TE SLA.~, P.A.
alston
IRa:tit
cc: Mr. Ron Shust~
Mt. Steve Martinie
Mr. Jeff Larson
Mr. Quinn Hut.mn
Mr. Dan Comm~m
o
It is ~~~ ~ ~ p~ ownm evdu~ ~pfions ~ ~ dminn~ from the
lllS West HI,way 36 · .~t. P~, MN S1113 · 611-636-46~ · Fax: 6$~636-13H .." ,,
Ongmaurtg Department ~p~ for ~a ~da ~uon
Public Wo~s 8-9'99 Development & Planning
[t~ No.
~ Guy Johnson ~ 8. ~
RESOLUTION APPROVING CON--CT BE~EN ~E CI~ OF N~ HOPE AND
HYDRO SUPPLY COMPANY FOR ~E 1999 WATER METER REP~CEMENT
(PROJECT NUMBER 622)
REQUESTED ACTION
Staff requests approval of a resolution awarding the ~ntra~ to ~e !~ and res~nsible bidder,
Hydro Supply (Badger Meter) Company, in the amount of $1,~7,537.28.
BACKGROUND
~e Ci~ of New Ho~ cuffently has 4,877 residential and 582 commerda~ndustdal water
meter accounts that are read on a quaAe~ basis. In 1978, Public Wo~s ~an ~anging the
residential metem from a system that r~uir~ ea~ resident to read their own meter, to a
system that allows Public Wo~s to read water metem by waling door to door. ~is proje~
ended in 1985 with all b~ 7 remote readem installS. As metem am in ne~ of repair or
repla~ment, staff has ~n replacing the existing metem w~h Ele~mnic R~istedng Metem.
These metem have a "Tou~-Pad' remote that has no num~m, b~ rather a 'Pad', that is
touched by a Solid State Inte~ator. A~ough ~is remote ia faster to mad ~an ~nventional
remotes, the meter re~er still n~a to walk d~r to d~r. As metem age, the ac~ra~ of
each meter decma~a alo~ ~ ~e ~tenfial for incasing revenues. New Ho~ staff has
research~ many o~fions, a~ a Rnan~al ~neffi AnalyNa was ~mplet~ showing that New
Hope would ex~den~ a Io~ t~ ~st ~neffi by in.ailing n~ radio read metem.
The pur~asing ~ a n~ R~ Re~ Meter system would all~ ~e C~ to implement a meter
reading system ~ ia effid~ ~at effete, and will provide ~e C~ w~ the t~hni~l
capabili~ to effi~W im~ement a monthly billing system E so desire.
The Ci~ of New Ho~ r~ four- bids for the "Water Meter Repla~ment Proj~." ~e four
bids were re~iv~ and o~n~ on June 1~, 1999. ~e pro.aais subm~ by Hydro Supply
and US Filter met all the r~uimmen~ that were s~ by the C~, includi~ strong I~1
referents (item 7 on p~e BT-5). FuAhe~ore, Hydro 8up~ Company and U.S. FlEer
M~ON ~ , S~ ~ , . ,
~: ............
I:RFA~~~~
Corporation have an existing software interface that is compatible with the City's current utility
"billing system.
The following is a comparison of the base bids that were submitted by Hydro Supply Company
and U.S. Filter Corporation:
Com=an~ Bid Amount
Hydro Supply Company $1,347,537.28
U.S. Filter Corporation $1,347,878.25
Both companies ara qualified to complete the project and provide necessary long-term support
to the City. New Hope's water system is part of the Joint Water Commission. City staff and
members of the Joint Water Commission (Crystal and Golden Valley) have studied the different
bid proposals and after ceraful review has identified Badger meters (supplied by Hydro Supply)
as the system that best meets the needs of the City of New Hope.
FUNDING
Funding for this project would be provided through Utility revenue bonds.
ATTACHMENTS
Please find attached copies of the bid tabulations, resolution, and a letter from the City's
Engineer.
COUNCIl.,
RF.~UEST FOR ACTION
Onglnaung Deparanent Approved for Agenda Agenda SecUon
City Clerk C_~23_99 Consent
Item No.
By:Valerie Leone By:, 6.4
RESOLUTION PROCLAIMING CITIZENSHIP DAY AND CONSTITUTION WEEK
SEPTEMBER 17-23 IN THE CITY OF NEW HOPE
The National Society Daughters of the American Revolution are requesting that a
resolution be passed proclaiming Citizenship Day and Constitution Week in the City of
New Hope September 17 - 23.
The proclamation will be displayed at Robbinsdale Cooper High School.
MOTION BY ~::OND BY
RFA-001
CAPTAIN JOHN HOLMES CHAPTER
of the
NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION
Gretchen Wilhelm, Regent
3925 Winnetka Ave. N.
New Hope, MN 55427
August 12, 1999
The Honorable Peter Enck
Mayor of New Hope
4401 Xylon Ave. N.
New Hope, MN 55428
Dear Mayor Enck:
This letter is a request for you to proclaim Citizenship Day and Constitution Ye'eek :
September 17 - 23 to the people of New Hope.
As in past years, I would like to include your proclamation in the Constitution Week
display at Robbinsdale Cooper High School, along with similar proclamations from
other mayors for which RCHS is the high school ofthe/r city. Enclosed are three sample
proclamations. Please send your proclamation directly to:
Nick Weil, United States History Teacher
Robbinsdale Cooper Senior High
8230 47th Avenue North
New Hope, MN 55428
If there are bells at any of the public buildings in our community, please consider having
them ring out with the usual Bells,4ceoss America celebration on September 17th at 4
p.m. Eastern time, the exact date and time of the signing of the Constitution.
I know that you are very busy, and I thank yon for whatever time you spend considering
these requests.
Sincerely yours,
.
Gretchen Wilhelm
COUNCIL
Originating Dep~ ~ent ~p~d for ~e~a ~enda Secuon
CiW Cle~ A~ust23, 1999 Ord. & Res.
)
Item No.
~: Valede L~ne ~ 10.
/
ORDINANCE NO. 9~7, AN ORDINANCE AMENDING ~NUAL LICENSE FEE FOR PIN~LL
MACHINES, VIDEO ~MES, AND POOL TABLES
REQUES~D A~ON
S~ff is ~m~i~ ~at ~ ~u~ ~ O~in~
BACKGROUND
Dudng ~e 1999 l~is~e ~, ~ Fi~ 1329 ~ ~ ~ ~ ~ 14.087 - I~n~
~ ~r amulet d~. "
Fo~ ~nua F~
6 or le~ m~in~ $1~ ~~ ~~
We i.ue ~e~ ~ of I~ ~ ~ ~ ~
~11 still ~ ~ua~ ~ ~p ~e ~~t ~ ~~ ~u~.
Sunshine F~ ~ 4 $75
N~ Ho~ ~ $175 3
Cine~ C~ $5~ 14
Ci~s P~ $2.17~ 79 $1.2~
T~ $3,1~ $1,~
~ON ~
ORDINANCE NO. 99-07
AN ORDINANCE AMENDING
ANNUAL LICENSE FEE FOR
PINBALL MACHINES, VIDEO GAMES
AND POOL TABLES
The City Council of the City of New Hope ordains:
~. Section 14.087 "Pinball. Video Game and Pqol Table License Fees" of the
New Hope City Code is hereby amended to read as follows:
(I) Fee Amount. $15.00 per location plus $15.00 per device annually.
Section 2. Effective Date. This Otdinan~. shall be effective upon its passage and
publication.
Dated the day of July, 1999.
W. Peter Enck, Mayor
Attest:
Valerie Leoae, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of ,
190 ........ .)
-1-
· ~ ~a COUNCIL
R.E~~T FOR ACTION
Or~ma~ Depa~ent Approved for Agenda A~enda Section
Orclinances &
Finance/Administration August 23, 1999 Resolutions
'~ Rem No.
By: Oaryl Sulander By: [ 0.2
RESOLUTION ADOPTING PRELIMINARY B/I:)GET FOR THE CITY OF NEW HOPE FOR THE YEAR
2000 AND ESTABLISHING PRELIMINARY TA~ LEVY FOR THE YEAR PAYABLE 2000
To comply with the "Truth in Taxati~" requimmeflts, tho City must cedJfy a pml:x~ed properly tax levy to the.
County Auditor, and adopt a ~ ·
$~o,78e,974:~a~e, yof~~.M,e~,~ ~ ~ ..r~.uuo. ado=s. ~ot~ prooosed 2ooo bud;et o,
pmpose~ mx ~;y is ne~ of HACA aid and is a S913 decrease
from the 1999 tax levy.
~evy cannot ~ any h~ne~ U~an the ~ lew.
The "Trul~ in Taxation' notices will be mailed out I~y ttu County be{woe~ November 10-24, 1999.
Staff recommends approval of thi~ msokf6ofl.
MOTION BY , ~:OND ~' ,, ,
RFA-O0~
CITY OF NEVV HOPE
RESOLUTION NO. 99°
RESOLUTION ADOPTING PRELIMINARY BUDGET FOR
THE CITY OF NEW HOPE
FOR THE YEAR 2000
AND ESTABLISHING PRELIMINARY TAX LEVY
FOR THE YEAR PAYABLE 2000
BE tT RESOLVED by the City Counc~t of the C[ty of New Ho0e as follows:
Section 1 The Preliminary Budget for the City of New Hoge, Minnesota, for ~11 ~n~s suppo~ ~n whole or ~n ~a~ ~y
prope~ taxes ~r t~e ~lendar year 20~ ~s ~e~ ~op~ a~ ~emina~er ~t fo~h:
General Funcl
GENERAL GOVERNMENT
MAYOR & COUNCIL 93,~14,
ADVISORY ¢OMMI~ION~ 4,1
CITY MANAGER
AD&flNISTR, ATIVE SERVICES 1 SS, IlO
FINANCE
TOTAl. ~ ¢~WERNIIIENT 1~4~1,~e :
POIJCE PflOTECrI(~I
FIRE ~keETY ANO ~
PROTECTIVE INIPEG'1tON~
TOTAL ~ ~NtU'TY ,
S11qEEll
TOTAL Sll~I'TB
PARKS ANO
RECREA110#
TOTN. PNIK8 AND I~fCllf~110#
011.4ER
UNALAOCATED KXP~qSff t83,1t3
TOTAl. OW ~
FORE$1'RY ~,~1~
~ CREEK WA~ t1,~1
EC~ ~~ ~ t
$~ 2. Estimated r~.eflpta o~' t~an general tax tevy, nel of ~, are ~
GENE~L FUNO
BUSINESS LICENSE~ ~ 54,8~
PENAL~ES 2,200
~RK~ AND RECR~ON FEE~
~SE OF MONEY ANO PROPER~ 1~3,~0
4,123,750
COMMUNI~ ROOM 0
FORES~Y
SHING~ C~ WA~H~ 0
ECO~ O~LOP~ A~O~ 23,~
BONO ANO OEBT S~E 1,~
~ TAX II~TIIIATID TOTAL
RECEII"II UNCOU~CTII~ LEVY
GENER~ FUNO 3,21~ItZ 32,131 3,31S,347
COIIIUNII'Y ROOM 1,311 M
FORE~TRY Z7,310 ZT~ 27,~13
8A~1'1' CREEK WA~ t 1,1'}'t 12~ 12,0~1
SHIN~&! CREEK WA~ 13,~11 13t 13.701
ECONOMIC I~ni~.OIIIIIINT AMll, IOI~II~ 1t3~T~ t,13'% 114,1T1
BONO ~ I~.IT ~ 1~,t1~MI 11 ,~3 1,202,3S1
TOTAL TAX ~ 4,1diXie #,d# 4,811,311
Adopte<:l by the City Council of the City of New HoI~, Hennepin County, Minnesota, this 23rcl day of August,
1999.
May~
Attest
c rk
Metropolitan Council
Working for the Region, Planning for the Future
August 13, !999
Mr. Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428-4898
RE: City of New Hope Comprehensive Plan Update
Metropolitan Council Referral File No. 16941-1
Metropolitan Council District No. 2
Dear Mr. McDonald:
Due to scheduling conflicts, we need to extend the review period beyond the 60 days,
which ends on August 20, 1999. Although staff is extending the review period, we want
to reassure the city that the comprehensive plan update will be presented to the Regional
Growth Policy Committee on September 1, with consideration by the full Council on
September 8.
If you have questions, please contact Penelope Simison, principal reviewer, at
651/698-1151.
Sincerely,
R/chard Thompson, Supervisor
Comprehensive Planning
c: Todd Paulson, Metropolitan Council District 2
Metropolitan Council staff
Tom Caswell, Metropolitan Council sector representative
230 East Fifth Street St. Paul. Minnesota 55101-1626 (651) 602-I000 Fax 602-1550 TDD/TTY 291-0904 Metro info Line 602-1888
An Equ~ ~ Empit~e'r
~ PROJECT BULLETIN #3 CITY OF NEW HOPE
PROJECT BULLETIN
42"° AVENUE NORTH (C.S.A.H. 9)
STREET AND UTILITY IMPROVEMENTS
CITY PROJECT NO. 547
Introduction
This bulletin is to update residents on the status of the 42"~ Avenue Street and Utility
Improvement Project. In spite of wet weather this summer, the project is proceeding steadily.
Work began on the southern traffic lanes in May. Since that time, all traffic along the street has
been bsing the two northern lanes. As it existed previously, the sidewalk along 42"~ Avenue was
directly behind the curb. The odginal plans for the project included moving the sidewalk away
from the curb to provide an eight foot planted boulevard along both side of the street.
Unfortunately, easement agreements could not be reached with all of the affected property
owners. Therefore, the neW sidewalk on the north side of 42n~ Avenue will be placed adjacent to
the curb as it has been in the past. Still included with the project is the landscaping of the
boulevard along the south side of the street and on the medians. The new medians and the left
turn lanes they define will make the roadway more attractive and safer to ddve upon, but they'
may require drivers to change the way they access the shopping area between Xylon and
Winnetka Avenues. Thank you for your patience and cooperation with the inconveniences
associated with construction.
Work Completed
There were many utility related aspects of this project that had to be addressed before the
street reconstruction could begin. Once these utility issues were resolved, the construction of
the southern traffic lanes could begin. In the last few weeks:
The overhead utilities have been placed underground and power poles removed.
New storm sewers were installed along 42"~ Avenue.
· New water main was installed in the intersection of 42"~ Avenue and Winnetka Avenue.
· The old entrance to Gethsemane Cemetery along 42"~ Avenue has been eliminated. A new
entrance to the Cemetery was constructed. The new entrance is aligned with Xylon Avenue
North. The new entrance will be accessed from the east via a dedicated left tum lane.
The curb forming the south edge of the center medians has been placed.
· Water service to the new medians was installed to accommodate the irrigation system.
· The south two lanes of the roadway have been reconstructed and the traffic switched to the
south lanes.
· A new pond was constructed along the west side of Gethsemane Cemetery. This pond will
provide storm water retention and water quality improvements for Northwood Lake.
Upcomin_(I work
The remaining work includes:
· Reconstruction of the north lanes of 42"~ Avenue.
· Completion of two planted medians within 42'~ Avenue.
· Repair of existing irrigation systems and installation of new systems along boulevard areas
and the medians.
· Reconstruction of the sidewalks along the north and south sides of the street.
· Placement of sod and planting of trees.
· Installation of traffic signals at Xylon and Winnetka Avenues.
· Traffic striping on the pavement.
Aug. 18, 1999
Projects~5471J=B~ 8-18-99
~ PROJECT BULLETIN ff~3
CITY OF NEW HOPE
PROJECT BULLETIN #3
1999 INFRASTRUCTURE IMPROVEMENT PROJECT
City Project No. 648
Introduction
The intent of this project bulletin is to update residents on the status of the 1999 Infrastructure
Project. After a slow start due to wet weather, the project is proceeding Steadily. Thank you for
your patience and cooperation with the inconveniences associated with construction.
Work Completed
The first phase of the project was the reconstruction of Hillsboro Avenue, Hillsboro Circle, and
60~ Avenue between Hillsboro and Gettysburg. New water mains and storm sewers were
installed before these streets were reconstructed. Curbing and the base coat of asphalt have
been placed along these streets. After the streets in phase one became passable again,
construction shifted to Gettysburg Avenue and Gettysburg Circle. Utility installation is being
completed at this time, and curb is being installed. The new curb along Gettysburg Avenue has.
been installed so as to provide for a parking lane along 'Liberty Park. Water main installation
has begun along 59~' Avenue. A new storm sewer pipe was placed south of 59~' Avenue.
When the project is completed, this pipe will move storm runoff from 59t' Avenue to an existing
storm sewer along the west end of the Prudential property. During the project it was
determined that the water main serving 60th Avenue between Gettysburg and the east end of
Liberty Park was also in need of replacement. This additional work has been added to the
project.
Upcoming work
Work will continue on Gettysburg Circle and Gettysburg Avenue until they are completely
passable. When this occurs, the construction work will shift to phase three, 59~ Avenue. The
water main serving 60= Avenue will be replaced after the work on 59~ Avenue nears
completion. As with earlier phases of this project, households impacted by water main
reconstruction will receive their water via temporary, above ground water services. The trails in
Liberty Park will be addressed toward the end of the project. Once all the curb is placed, the
area behind the curb will be back-filled and sodded. There has been some concem about the
condition of the back-fill soil being used. The contractor assures us that the soil will be raked
and the debds removed before the sod is placed. The wear course, the final layer of asphalt,
will be placed on the streets next summer. Allowing the base course of bituminous to go
through the winter season allows engineers and City staff to detect any soft spots or settling of
the subgrade below the street surface. Any needed repairs can then be made before the wear
course is applied in the spdng, resulting in a better final product.
Contact Persons
If you have questions or concems during the street and utility improvement project, please
direct your calls to Vince VanderTop, Project Engineer, at (651) 604.4790 or Tom Schuster,
Contract Manager, at (612) 533.4823, ext. 13.
city of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Phone: 531-5100
Aug. 9, 1999
Projects~648~:~B~3 8-9-99
Projects 629/601C
Bulletin #2
CITY OF NEW HOPE
PROJECT BULLETIN
CiViC CENTER PARK COURTS IMPROVEMENTS
CITY PROJECT NO. 629
SWIMMING POOL CONCESSION BUILDING RECONSTRUCTION
CITY PROJECT NO. 601 C
Introduction
This bulletin is intended to update residents on the status of the courts improvement
project at Civic Center Park and to provide information about the upcoming reconstruction
of the swimming pool concession building.
Courts Improvement Prolect
The courts improvement project included removal of the old tennis courts and adjacent
paving, and the installation of four new tennis courts, a lighted basketball court, and a
lighted sand volleyball court. The ddveway leading from the West Metro Fire Station has
been realigned to intersect Zealand Avenue south of its former position, and now '.
provides 12 off-street parking spaces. Also included in the project are new site
furnishings, pathways, and landscaping. The area around the courts has been re-graded
and sod has been placed on disturbed areas.
Upcoming Work:
There are still several aspects of the project yet to be completed. The basketball court
must be color coated and the backboards installed. The volleyball court also needs to
be completed. Widng for the lighting of all the courts will be installed in the next few
months, in conjunction with the electrical work taking place dudng reconstruction of the
concession building. The light poles themselves, however, may not be installed until
next spdng. In either case, all court lighting is to be operable by the beginning of the
tennis season next spdng.
Some bituminous work remains to be completed. Certain areas of the trails will be
addressed and the parking lot will receive it's final layer of asphalt. Concrete pads for
picnic tables and park benches will be installed. The tables and benches will be placed
when these pads are ready. Additional landscaping tasks will be accomplished and the
dead sod will be replaced. It is expected that the remainder of this work will be
completed in the next several weeks.
The courts improvement project required a certain amount of electrical, water main, and
storm sewer work. These utility improvements have been accomplished in a manner
that will facilitate the reconstruction of the pool concession building project that is about
to begin.
8-26-99
Projects 629/601C
Bulletin #2 ~-,
Swimming Pool Concession Buildinq Reconstruction
The New Hope City Council awarded the contract for Concession Building Reconstruction
to Ploog Construction at the Council meeting on March 22. This project involves
demolition of the existing concession building and construction of a new building.
The new building will be located just slightly to the west and south of the existing building.
It will be accessible by the public from both the pool as well as Civic Center Park. Use of
the concession building will no longer require going down stairs from the pool to get to the
concession window. The new building will also be larger than the building it is replacing.
This will allow room for a greater vadety of food preparation equipment, which means we
can offer a wider selection of menu choices. The building will also provide office space for
the swimming pool manager and additional storage space for the tennis program that
uses Civic Center Park tennis courts. The pool deck area around the new building will be
completely accessible to all. There will also be a new irrigated turf area inside the fenced
perimeter for the comfort of pool patrons. "
Demolition of the existing building is expected to begin the week of August 30, with
construction of the new building to begin immediately following the demolition. All
construction is expected to be completed by the end of December. Turf and plantings is
to be completed by the middle of May next year.
Construction Hours
According to City code, construction may occur between the hours of 7:00 a.m. and
9:00 p.m., Monday through Fdday, and 9:00 a.m. and 7:00 p.m. on Saturday. All work,
including mobilization of equipment, will take place dudng these time pedods.
Contact Persons
If you have questions or concerns during these improvement projects, please direct your
calls to the Project Engineer, Vince VanderTop, at (651) 604-4790 or Tom Schuster,
Contract Manager, at (612) 533-4823, ext. 13.
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Phone: 531-5100
8-26-99
Projects~629-601C~mject Bulle~n ~
Memorandum
To: Kirk McDonald, Director of Community Development
From: Phil Kern, Administrative Assistant
CC: Dan Donahue, City Manager
Doug Sandstad, Building Official
Date: August 31, 1999
Subject: Courtesy Bus Bench Pads
This memo is an update as to the situation regarding the concrete pads under courtesy benches.
The City has discussed the replacement of numerous unleveled pads with the existing provider,
U.S. Bench. The issue arose early in August when the City received several complaints from
residents and Planning Commission members about the uneven surface around courtesy
benches.
Doug Sandstad, Building Official, and I inspected all the benches in the City and confirmed
numerous safety hazards at various bench locations. The safety hazards were caused by the
placement of cement blocks that were uneven, often resulting in one-to-two inch heaves in the
walking surface. The concrete blocks used by U.S. Bench. were precast concrete patio blocks, a
Iow-cost, non-permanent alternativ® to pouring concrete.
Doug and I checked the code after our inspection for the exact language of the requirements, and
found that it offered several different types of durable surfaces. The Code (6.148-3) states, "A
Courtesy Bench shall be installed and maintained on a durable, level surface including, but not
limited to, concrete, bomanite or decorative brick." It was our interpretation that the "concrete"
" reference in the code did not mean precast blocks, rather it was intended to mean concrete
poured in place.
With the inspection complete, I drafted a letter to the existing bench provider, U.S. Bench, which
stated the following:
"(Upon inspection the City was) surprised to find precast concrete patio blocks installed beneath
almost all the courtesy benches in New Hope. In most instances, the blocks were not level with
one-to-two inch differences between blocks. This presents a serious tripping hazard. The
ordinance reads that courtesy benches must be installed on "a durable, level surface including, but
not limited to, concrete, bomanite or decorative b#ck." It is the City's interpretation that the pads
beneath the benches should be one, continuous slab of concrete, or a decorative bdck. The
precast concrete patio blocks currently in place are not sufficient.'
U.S. Bench replied soon after receiving of the letter. Its Vice-President, Rollie Danielson, stated that for
as long as the company has been in business, they have been using these precast blocks end no cities
have ever objected. He stated with the changes the MCTO makes in bus stops, it is not efficient for
their company to pour concrete at eve~ bus stop as the precast blocks can be removed easily from a
vacated bus stop. Mr. Danieison also stated that the code only calls for a durable, level surface
including, not limited to, concrete, bomanite or decorative bdck. It was their interpretation that this
surface was durable, and with some minor repairs, it would be level.
We then met with Mr. Danielson to resolve the situation. He identified that there are two standard
locations for courtesy benches, either in front of or behind the sidewalk. Benches that are placed
behind the sidewalk only have the precast block underneath the bench, as the walking surface in front
of the bench is the public sidewalk. Small heaves in the patio blocks beneath the bench were not seen
as a major safety hazard. For benches between the sidewalk and curb, however, a durable walking
surface must be provided from the bench to the curb. These were the benches that caused safety
hazards with heaves in the surface between the bench and the curb. Mr. Danielson stated that his
company (and he argued others as well) could not pour concrete or bituminous mat at every site in the
City, as it would not be financially feasible. He did offer, however, to replace the precast blocks with a
bituminous pad in all the locations where courtesy benches were placed between the sidewalk and
curb. We felt this was a reasonable solution to the problem, as these were the areas that presented
safety hazards to the public and this solution was approved by the City Manager.
The bituminous pads will be in place this fall, with construction taking place during the month of
October. U.S. Bench will use a two-inch base of Class Five, with a two-inch poured bituminous mat for
the durable, level surface. Mr. Danielson shared with the City that this procedure will cost approximately
$250-$300 for each bench site. At this point, the City of New Hope has approved permits for 10 sites
where the courtesy bench is located between the sidewalk and the curb.
The City has received applications for permits from two other courtesy bench companies, but the City is
still waiting to receive accurate site plans before permits will be issued. Both companies will be notified
that precast concrete patio blocks will not be sufficient at locations where the bench is between the curb
and sidewalk. In the event that permits are issued, the same standards that applied to U.S. Bench will
apply to the other providers from the time of installation.
®P~e2
Page 4 -- July 25, 1999 Z.B. Z.B. July 25, 1999 -- Page 5
application was, whal, if anything, remained to be done to complete the pro- so broad it prohibited activities permitted by the zoning ordinance, such as
ccss, when it might be done, or who the ultimate decision maker was. using equipment from his landscaping business to maintain his property. He
Gmome asked the cour! ~o issue an order requiring Ihe parish to approve said the order prohibited things otherwise allowed by the zoning ordinance,
the accommodation before (;roomc's closing date. such as storing a computer or calculator or doing bookkeeping, paperwork, or
DECISION: Order granted, making phone calls for the business, He also said he could no longer park his
Gmome could operate a group home for up to five AIzheimer's patients, pickup truck in his driveway.
The Act wasn'l unconslilufional. Every federal appeals court that had con- DECISION: Affirmed.
si&red the matter had found the Act was conslilulional and applied to zoning The order didn't prohibit Simeone from conducting any activities that didn't
ordinances, violate the zoning ordinance.
Requiring Groome Io wait until its application was denied before it could The court specifically allowed Simeone to use his equipment for residen-
sue would frustrale thc Act's purpose. The inspections department had been rial purposes. The court didn't prohibit Simeone from storing equipment used
prepared to approve Ihe request within a month of receiving it, until a parish for bookkeeping, such as computers, typewriters, or calculators. It prohibited
councilmau intervened. The zoning ordinance provided for reasonable accom- him from storing equipment such as dump trucks, dirt screening machines,
modafions, bul had no procedures for considering such applications. Even the trailers, gas tanks, and lawn mowers. Though the order mentioned "any and all
atlorney in charge of the review process couldn't say what else had to be done other equipment," the list of I~rohibited items showed the court meant to pro-
or who the ultimate decision maker was. hibit storage of equipment kept outdoors.
The requested accommodation was reasonable and necessary to allow per- Simeone wasn't prohibited from engaging in otherwise lawfu~conduet such
sons with disabilities to have equal opportunity to live in a residential setting, as bookkeeping, paperwork, or making telephone calls for his landscaping busS-
The zoning ordinance had a disparale impact on AIzheimer's patients who ness. The zoning ordinance allowed home occupations only if the owner regis-
wanted to live in a residential neighborhood. The artificial limit of four unre- tered the business and got a home occupancy permit. Simeone had a book-
lated persons living in a single home made it economically unfeasible for keeping office in his h.'mse and had no other office for his business, so he
Gmomc to operate thc proposed home. There was no evidence the home would couldn't operate the business from his home without a permit. Because he
negatively impact thc neighborhood, and if the home were occupied by a faro- 'didn't have a permit, the court could prohibit him from doing bookkeeping,
Sly, there would bc no limit on Ibc number of people who lived there, paperwork, or making phone calls from his house.
Citation: Groo~nc Resoun'cs I.td. L.L.C. v. Parish of Jefferson, U.S. District Finally, the prohibition against storing business equipment on the property
('ourtfor thc Easter District of Louisiana, No. 99-1401 Section: "J" (1999). didn't prohibit Simeone from parking a pickup truck that he used for personal
sec also: RcMcd Rcco~'cty Care Centers ~: Township of Willistown, 36 ESupp. 2d transportation as well as for commercial purposes.
676 (I098). Citation: Penrose v. Simeone, Court of Appeals of Ohio, l l th Appellate
see a/so: Oxfi, rd llouse-C ~: City of St. Louis, 77 F. 3d 249 (1996). Dist., Trumbull County, No. 98-T-0069 (1099).
see also: Stores Realty Co. v. Clevehmd, 322 N.E. 2d 629 (1975).
Zoning Violation ~ ¢)wner cited for running business from his home
says conrt went tho far Zoning Change ~ Neighbors challenge decision to rezone property
OlllO (5/14/qq) Simconc lived in a house in a Vienna Township residential KENTUCKY (6/25/99) ~ Clark owned 47 acres of land in an agricultural/
district. I lc also ran a landscaping business from thc house. The zoning inspec~ residential district in the city of Danville. He asked the city to rezone the prop-
tot sued Simconc. seeking a courl order permanently prohibiting him from erty to highway commercial so he could develop it.
violating the Iow nship zmfing ,rdinance. The city zoning ordinance stated any request for a zoning change must include
Thc courl c~mcludcd Simcone violaled lite zoning ordinance by operating a a conceptual development plan that showed vehicular and pedestrian access;
commercial landscaping business from his house. It prohibiled him from storing buildings, parking lots, and land uses; conformance with the city's comprehensive
or using on his property any business equipment, "including but not limited to plan; and the impact the development would have on community facilities.
dump trucks, skid steers, conveyor hells, dirt screening machines, trailers, gas The planning commission held a public hearing at which Clark presented a
tanks, lawn mowers (except for residential purposes only) ... and any and all document titled "Conceptual Development Plan," prepared by a surveyor, which
other equipment" used for his business. The court also ordered Simeone to was basically a snrvey with lopography lines. It showed an existing entrance to
cease a(x_j~e of the property for commercial purposes, the property from a bypass mad but not existing buildings or uses. The Davises,
Simeone appealed, claiming thc courl wenl too far. tie said the order was ~4, nearby, oppose, d Clark's request.
Page 2 -- ~)leusl 25, 1999_ Z.B. /c_~ Z.B. August 25, 1999 -- Page 3
c~dult Enteriainment -- Spa converts to private club to circumvent nude advertised for members, and whether the club observed formalities.
entertainment law The club lacked the formalities of a genuinely selective membemhip pro-
COLORADO (7/22/99)-- Francisco and others (owners) ran the Hide-A-Way cess. Any man older than 21 years of age who was willing to initial the appli-
Spa in Adams County. The spa was a bathhouse where nude female attendants cation could join. The "club" didn't investigate new members; no one had to
provided services to adult male customers, including "finger-tip powder" rubs, show identification or reveal his name. Members didn't participate in recom-
saunas, and shared bubble bath or hot tub treatments, mending new members and there was no limit on the number of possible members.
The state sued the owners, claiming the spa was a public nuisance and Existing members had no control over the club. The owners established the
violated county zoning regulations governing nude entertainment. The ordi- club rules and the amount of the membership dues and had the sole authority to
nance applied to "any establishment open to the public in which persons ap- impose sanctions such as forfeiture of membership benefits. The club was still
pear in a state of nudity for the purpose of entertaining the patrons." for profit and provided the same services and entertainment as the previously
The court determined the spa violated the county zoning ordinance and "public" spa. Moreover, the owners continued to advertise the spa under ils
also constituted a public nuisance. It prohibited the owners from operating the original name as being open to the public and in business in the same location
spa in violation of thc zoning ordinance. About a month later, the state asked for more than 19 years.
the court to enforce its cease.and desist order, claiming the owners continued to Finally, the owners didn't observe the formalities of a private club. Al-
operate the spa in violation of the zoning ordinance, though the club issued membership cards, it didn't conduct membership meet-
The owners claimed the spa -- now called the Phoenix Club -- no longer ings or even have bylaws.
violated the zoning ordinance because it was now a private club. They claimed Citation: People of the State of Colorado v. Business or Businesses Located
it wasn't governed by the nude entertainment regulations because those regu- at 2896 West 64th Avenue, Court of Appeals of Colorado, Div. Four, 1~o.
lafions applied only to businesses "open to the public." 98CA0136 (1999).
A detective testified for the state. He said he posed as a customer of the spa see also: City of Chicago v. Severini, 414 N.E.2d 67 (1980).
and nothing on the exterior indicated it was a private club. He said that when 't'<~"
he went in he was asked if he was a member of the club..When he said no, an ~_Eommunications Tower-- Residents claim tower will adversely affect
attendant escorted him to another room and told him about the membership ' ' property values
services and that he had to join the club -- simply by initiating a membership
application -- to enter the spa. The attendant never asked him for identifica- PENNSYLVANIA (6/25/99) -- Omnipoint Corp. applied to the township of
tion or his name, and gave him a membership card after he paid a $5 fee. Pine Grove's zoning board for a special exception permitting it to build a eom-
The owners explained the club required a $5 monthly fee or a $60 annual munications tower in a sparsely populated, mountainous region.
fee. The owners said the spa's services and prices had not changed. When Under the Telecommunications Act of 1996, local zoning authorities
asked whether the members were charged for the services, an owner admitted couldn't discriminate among wireless service providers, prohibit the provision
they were but said it was the same as a private country club charging its mem- of wireless services, or make zoning decisions based on concerns over the
hers to play golf. environmental or health effects of radio emissions associated with wireless
Thc court found thc spa was still open to the public and therefore still vio- telephone service. If a board denied a permit, that denial had to be in writing
latcd thc county's nude entertainment regulations. It said anyone who had the and supported by substantial evidence.
$5 to pay thc membership was entitled to join and that no one even had to sign Thc board held hearings to discuss the permit. According to an Omnipoint
the application form. Thc court said thc club didn't kccp an active roll of its representative, the proposed site was surrounded by 80-to-90-foot trees and
members and there were no membership meetings or club activities other than therefore probably would be visible only to neighbors more than 600 feet away.
those involving nudc fcmalc entertainment. Although thc representative believed there were studies showing towers didn't
Thc owners appealed, adversely affect thc values of adjoining properties, hc had conducted no such
DECISION: Affirmed. study.
The owners' attempt to pass the spa off as a private club was a sham. The On behalf of 10 others, a neighboring property owner said he estimated the
spa was still "open to the public" so it still violated the county zoning ordinance, trees to be about 60 feet tall and that the tower would be visible from neighbor-
Whether a club was private or pubic depended on several factors, including f' lng properties -- therefore hurting their value.
genuine selectivity in admission, the members' control over club operations, State law allowed local zoning boards to evaluate aesthetics and concern
the use of facilities by nonmembers, the purpose of the club, whether the club for property values when considering a request for a special exception. The
Page 4 -- August 25, 1999 Z.B. ~.~ .~ Z.B. August 25, 1999 -- Page 5
township's ordinance required that a proposed exception not adversely af- pointing out his next door neighbor had a deck just like his. The court affirmed
feet the character of the general neighborhood or the conservation of prop- the zoning board's decision.
erty values. Cassano appealed again.
The board denied Omnipoint a permit, finding no studies were done on the DECISION: Reversed.
effect of adjoining landowners' property and that Omnipoint failed to show the Cassano was entitled to a variance.
tower wouldn't adversely affect the general character of the neighborhood. The board's decision was arbitrary and capricious. Cassano showed that at
Omnipoint sued the board, claiming it didn't have enough evidence to sup- least nine houses in his immediate neighborhood, including the house next
port its decision, door to his, had similar decks with similarly deficient setbacks. Under these
The board claimed the permit was denied for aesthetic reasons and to pro- circumstances, it was an abuse of the board's discretion to deny the variance
tect property values. Cassano requested.
The court found the board violated the Telecommunications Act because it Citation: Cassano v. Zoning Board of Appeals of the Incorporated Village of
didn't have enough evidence to support its decision. The board appealed. Bayville, Supreme Court of New York, Appellate Div., 2nd Dept., No. 98-
DECISION: Affirmed. 07162 (1999).
There was not enough evidence to support the board's denial of a special see also: Brownlie v. Baker, 670 N.Y.S.2d 216.
exception permit.
If, as the board claimed, the permit was denied for aesthetic reasons and to Accessory Use -- Neighbors claim maintenance building isn't accessory
protect property values, the board had to provide substantial evidence to sup- use for golf course
port the claim. Evidence had to show a tower would cause deterioration to the
aestheffc character of the area or neighboring property values. NEW HAMPSHIRE (7/21/99) -- The Concord Country Club proposed build-
ing an 8,000-square-foot maintenance building for its golf course. The build-
EleVen neighbors said the tower would be visible over the tree line and /~x ~ ing would house maintenance equipment, fertilizer, and other supplies needed
would damage their property values -- however, they presented no evidence
to this effect. In addition, their representative focused primarily on health is- to maintain the golf course.
sues, which the board could not consider under the Act. The proposed location was on the opposite side of a knoll and about 280
Citation: Omnipoint Corp. v. Zoning Hearing Board of Pine Grove feet from the nearest house. The building would be in a residential country
district, which allowed country clubs and golf courses as a matter of right.
Township, 3rd U.S. Circuit Court of Appeals, No. 98-1962 (1999). The zoning board conditionally approved the club's plan, and the planning
The 3rd Circuit has jurisdiction over Delaware, New Jersey, Pennsylvania, board later granted full approval. According to the zoning and planning boards,
and the V~rgin Islands. the building was an accessory use and therefore permitted by right. The zoning
see also: Cellular Telephone Co. v. Town of Oyster Bay, 166 E3d 490 (1999). ordinance allowed accessory uses and structures "of a nature incidental and
subordinate to, the principal use or structure."
etback -- Owner claims entitlement to deCk because his neighbors Several residents of an adjacent neighborhood sued the city, challenging its
have one approval of the country club's proposal. They claimed the proposed mainte-
NEW YORK (7/19/99)-- Cassano owned a two-story home in the Incorporated nance building wasn't a permitted accessory use to a golf course under the
Village of Bayville. He added an open, elevated, wooden 6-by-12-foot deck zoning ordinance, which they said allowed only the specific accessory uses
adjacent to the side of his house, listed in its "Table of Uses."
After he built the deck, Cassano realized it violated the village's side set- The court affirmed the board's decision, finding the maintenance building
back. He applied for a variance, pointing out that many of the houses in his was a legitimate accessory use to a golf course. According to the court, the
immediate neighborhood had similar decks with similarly deficient setbacks, country club's proposed maintenance building was "incidental and subordi-
The zoning board denied Cassano's request, It found the deck would be hate" to the operation of a golf course, so it was allowed.
detrimental to the surrounding properties and had caused an undesirable change The neighbors appealed again.
in the neighborhood, the variance request was substantial, and Cassano created DECISION: Affirmed.
his own hardship by building the deck without first determining if it would ~' '"~ The proposed maintenance building was a legitimate accessory use.
comply with the village's setback. . The zoning ordinance expressly allowed country clubs and golf courses as
Cassano ag led to court. He claimed the board's decision was arbitrary, a mhtter of right, and this included the country club's proposed maintenance