080404 PlanningPLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Wednesday, August 4, 2004
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
· 4.1 Case 04-06
· 4.2 Case 04-22
· 4.3 Resolution
Request for preliminary plat approval for property to be known as
Winnetka Townhomes, 5620 Winnetka Avenue North, Master
E,,-i,,ee,~n- and Foundation Land Development, LLC, Petitioners
Ordinance No. 04-10, An ordinance amending New Hope Code
Section 4-26 regulating floodplain districts to conform to the National
Flood Insurance Program, city of New Hope, Petitioner
Resolution finding that the increase in geographic area to
Redevelopment Project No. 1 is consistent with the comprehensive
land use plan of the city of New Hope
5. COMMITTEE REPORTS
5.1
5.2
Report of Design and Review Committee -August 19, 7:30 a.m.
Report of Codes and Standards Committee
6. OLD BUSINESS
6.1
Miscellaneous Issues
Ordinance 04-07, Minor code amendments - Adopted.
Ordinance 04-09, Political and noncommercial signs -Adopted.
PC04-14, Master Transfer - Approved.
PC04-17, PPL - Approved.
PC04-03, Final plat for Hillside Terrace - Approved.
Ordinance 04-08, Computer gaming center - Approved.
7. NEW BUSINESS
7.1 Review/Approval of Planning Commission Minutes of July 13, 2004
7.2 Review of City Council Minutes of June 28, 2004
7.3 Review of EDA Minutes of June 28, 2004
8. ANNOUNCEMENTS
9. ADJOURNMENT
· Petitioners are required to be in attendance
Plannin Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. The
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 pubhc 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 Comn-dssion.
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 an-d 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:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
04-06
August 4, 2004
July 30, 2004
Master Engineering and Foundation Land Development, LLC
5620 Winnetka Avenue North
Preliminary plat,for property to be known as Winnetka Townhomes
I. Request
The petitioner is requesting preliminary plat approval for property to be known as Winnetka
Townhomes to allow the property to be subdivided into a lot and block description, pursuant to
Chapter 13 of the New Hope Code of Ordinances.
~. Zoning Code References
Chapter 13 Subdivision and Platting
Property Specifications
Zoning:
Location:
Adjacent Land Uses:
III.
Site Area:
Building Area:
Lot Area Ratios:
Planning District:
CB, Community Business
East side of Winnetka Avenue approximately 400 feet north of Bass Lake
Road
Specific Information:
CB, Community Business to the south, R-4, High Density Residential to the
north, CB and R-5, Senior/Disabled Residential (St. Therese Home) across
Winnetka Avenue to the west, and city of Crystal single family homes to the
east
137,976 square feet = 3.17 acres (not including Sumter Avenue)
Proposed building area:
Proposed green space:
Proposed impervious surface:
48,726 square feet = 35% lot coverage
32,550 square feet = 24%
105,426 square feet = 76%
No. 6; The Comprehensive Plan does not specifically identify this site,
however, one of the priority goals outlined in the City Plan emphasizes the
maintenance and redevelopment of commercial and residential properties
throughout the city.
This site was included in the Livable Communities Task Force study area and
Armory Development was selected as the preferred developer of the site by
the City Council.
Planning Case Report 04-06 Page 1 7/30/04
The Planning Commission considered this planning/development request in
April and recommended approval subject to conditions. One of the
conditions was the submission of a preliminary/final plat. The City Council
approved the request at the April 26 Council meeting and recommended
approval subject to the same conditions recommended by the Planning
Commission. Over the last several months, the financial portion of the
development has been transferred to a different party, who will utilize the
same architects and engineers and construct exactly the same project. The
City Council and EDA recently approved the transfer of the city's
development agreement from the original financial developer to the new
financial developer (see attached Council RFA).
IV. Background
Armory Development/Master Development Group, has requested prehminary plat approval for
Winnetka Townhomes. The Planning Commission considered the request for development during an
April 2004 special meeting. The developer is proposing to construct 44 rowhouses, two-story
rowhouses, and two-story townhome units in six buildings. The site area is 137,976 square feet or 3.17
acres.
V. Petitioner's Comments
Correspondence submitted by the petitioner on July 9 .stated "the development team of Master
Development Group and Armory Development received approval for the town home project at 5620
Winnetka Avenue North, Planning Case 04-06. The project approvals included the condition that we
submit a plat in accordance with the requirements of the New Hope Subdivision Ordinance. On behalf of
the development team's ownership group, Winnetka New Hope Town Homes, LLC, I am submitting our
formal plat application.
VI. Notification
Notification was provided for the original public hearing, which included the preliminary/final plat
requests.
VII. Development Analysis
A. Zoning Code Criteria
Subdivision and Platting
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Correct deems necessary for the health, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with
those of the city at large.
Per routine pohcy, the preliminary plat was submitted to city department heads, city attorney, city
engineer, planning consultant, utility companies and Hennepin County for review and comment.
Comments received include the following:
Planning Case Report 04-06 Page 2 7/30/04
Planner Comments - A base lot and unit lot configuration is being proposed within five blocks. The
proposed lots meet the requirements outlined within the April 2004 staff report with regard to lot
layout and lot count. Flexibility is being sought with regard to minimum square footage required
within the R-4 District. Within the R-4 District, a minimum lot size of 5,000 square feet per
townhome is required, which is equivalent to 8.5 units per acre. The applicant has 44 units on 3.17
acres for a gross density of 13.9 units per acre. The density is consistent with the approved planned
unit development.
In review of the submitted preliminary plat, it appears that base lots have been expanded to both
Winnetka and Sumter avenues. The unit lots will need to maintain the setback requirements as
approved as part of the PUD. The landscaping and boulevard trees will need to be maintained
through the development's association and not through independent lot owners. This will ensure
that the streetscape is maintained in a uniform and regular basis. Additionally, because the base
lots don't follow the foundation of the unit lots, the association documentation must outline the
responsibility (common lots vs. individual lots) for the maintenance and upkeep within these areas.
The preliminary plat identifies Outlot A within the plat. A drainage and utility easement is
proposed over all of Outlot A. However, a drainage and utility easement area is not shown on the
western portion of the plat. The overall drainage and utility easement area shall be subject to the
review and approval of the city engineer.
City Engineer - The city engineer reviewed the plat and made the following comments:
1. An existing road and utility easement exists along the south portion of the property. This
easement allows access to the Winnetka Townhome property, as well as the adjacent funeral
home. A portion of this easement must be vacated as shown to accommodate the proposed
townhomes. This final easement will not be shown on the final plat. As such, documentation of
the vacation must be submitted to the city. It is recommended that the existing easement be
vacated in its entirety and a new easement recorded for the benefit of both properties.
2: The 1/2 right-of-way (ROW) shown for Winnetka Avenue is 33-feet-wide. As we discussed
during the review process, a typical 1/2 ROW width of 40-feet has been provided by properties
along Winnetka. It has been determined that a 33-foot-wide easement will be adequate as
shown. However, a 10-foot-wide drainage, utility and sidewalk easement must be dedicated
adjacent to the ROW. This will not impact the setbacks identified during the planning process.
The existing seven-foot-wide sidewalk easement documents should be vacated and new
sidewalk easement provided by separate documentation.
3. The plat does not extend to the centerline of Winnetka Avenue. The ownership of the east
1/2 of Winnetka Avenue ROW should be verified. It is presumed that it is dedicated as road
easement/ROW already and is not part of the Winnetka Townhome property, but this should be
verified.
Outlot A includes all common areas. It assumed that this includes the driveway area into the
site. Outlot A should also surround Block 1. It currently appears that Block 1 extends to the
Winnetka Avenue ROW. Including Outlot A adjacent to Winnetka would clearly record the
previously discussed drainage and utility easement.
Planning Case Report 04-06 Page 3 7/30/04
5. Drainage and utility easement is provided over all of Outlot A. This is acceptable, however,
it must be noted in the city record that this does not indicate that the utilities within this
development are public. As discussed during the planning process, all utilities within the plat
will be owned and maintained privately.
6. By providing drainage and utility easement over all of Outlot A, adequate easement is
provided along the north, east, and south lot lines.
7. The 1/2 ROW shown for Sumter Avenue is 30-feet-wide. This is acceptable. The existing
road easement documents should be reviewed by the city attorney and city engineer. If
applicable, they could be vacated as the road and utility requirements are now covered by the
platted ROW.
8. The utihty plan shows storm sewer that will cross Lot 8, Block 3 and Lot 8, Block 4. This
must be corrected by altering the storm sewer alignment or providing additional easement.
9. The grading plan indicates that approximately 15 feet will be required along the western
portion of the north property line to accommodate the proposed sidewalk and storm sewer. The
proposed plat provides a much shorter distance. It must be verified that the sidewalk and storm
sewer do not encroach onto Lot 1, Block 1.
City Attorney - The city attorney reviewed the plat and made the following comments:
10. General Provisions: The plat is largely in compliance with this City Code section. However, the
plat does not provide the names and addresses of the owners of the property. These names and
addresses, plus evidence of ownership (discussed further below) must be submitted to the city
attorney's office.
11. Existing Conditions: The plat is not in compliance with several provisions of City Code Section 13-
4(a)(2) because the plat does not provide full information to 350 feet beyond the boundaries of the
land being platted as required. However, it is the understanding of the city attorney's office that
the city does not need to require strict compliance with these requirements in this instance.
However, the plat does not show any existing "sewers, Water mains, culverts or other
underground facilities within the tract" as required by City Code Section 13-4(s)(2)(e). It is the
understanding of the city attorney's office that the old Frank's Nursery site had water and sewer
facilities at the least and that the plat is therefore not accurate to that extent. The plat does show
water mains, gas mains, and a sanitary sewer under the streets adjacent to the property.
Proposed Design Features: Multiple proposed design features were omitted from the plat so they
are listed here in greater detail.
A. City Code Section 13-4(a)(3)(c): Improvements and stormwater runoff. The plat does not provide
"an indication of the proposed storm water runoff, showing drainage from other areas that
contribute stormwaters' to the proposed platted area.
B. City Code Section 13-4(a)(3)(d): Street and alley centerline gradients. The plat does not show the
"approximate center line gradients of proposed streets and alleys, and adjoining streets."
C. City Code Section 13-4(a)(3)(e): Sewer lines and water mains. The plat does not show the
"locations and size of proposed sewer lines and water mains."
12.
Planning Case Report 04-06 Page 4 7/30/04
Eo
Ci.ty Code Section 13-4(a)(3)(j): Water supply. The plat does not appear to show how water is to
be provided to the platted property.
Ci.ty Code Section 13-4(a)(3)(k): Sewage disposal. The plat does not show any proposed sewer
main or service connection.
F. Ci.ty Code Section 13-4(a)(3)(1): Surface water. The plat does not show any provision for surface
water disposal, drainage and flood control.
Supplementary. Information: At this time the city attorney's office is not aware of any
supplementary information being required in connection with the plat and so these items are not
addressed here.
2. Preliminary Site Plan: The property being platted borders Winnetka Avenue North which is also
Co. Rd. 156. Therefore Code Section 13-4(a)(5) applies to the plat and a preliminary site plan is
required. A copy of such a site plan was provided to the city attorney's office. That site plan fails
to show the location of nearby driveways, street intersections, etc. as required by City Code
Section (a)(5)(h) but is otherwise acceptable.
Evidence of Ownership: As a matter of city policy, plat approval applicants are required to submit to
the city a commitment for title insurance. Such a commitment will allow the city to determine that the
proper individuals are signing a plat. A title insurance policy insuring the city's interest in any
easement or right-of-way to be dedicated on the plat will be required in connection with the approval
of the final plat. Therefore, a title insurance commitment may as well serve as the evidence of
ownership for the plat. The commitment for title insurance must be submitted to the city attomey's
office prior to final plat approval as all owners need to sign the final plat as well as any mortgagee.
Utili .ty Companies - no response.
Hennepin County - not located on a county right-of-way.
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. The petitioner has not submitted correspondence
requesting a waiver of the review of the final plat by the Planning Commission, but the issue wa::
discussed and the Commission m~y want to disc-ss this further with the applican[. The Planning
Commission will need to make a determination as to whether it wants to review the final plat or not.
Due to the simple nature of the plat, staff is recommending that the Planning Commission waive the
review of this final plat.
Development Review Team
The Development Review Team does not routinely meet to review plats; plats are distributed
administratively to department heads and consultants for review and comments.
Design and Review Committee
The Design and Review Committee does not routinely meet to review plats.
Planning Case Report 04-06 Page 5 7/30/04
Plan Description
Please refer to the April planning report on this development application, as it is not staff's
intention to repeat all that information in this report. If you would like a complete copy of that
report, please contact Pam Sylvester in the Community Development Department.
1. The proposed lot areas for the 44 lots for the townhome plat are as follows:
Area of Lot 1, Block I is 2485 square feet
Area of Lot 2, Block 1 is 1470 square feet
Area of Lot 3, Block 1 is 1470 square feet
Area of Lot 4, Block 1 is 1470 square feet
Area of Lot 5, Block 1 is 1470 square feet
Area of Lot 6, Block 1 is 2587 square feet
Area of Lot 7, Block 1 is 2587 square feet
Area of Lot 8, Block 1 is 1470 square feet
Area of Lot 9, Block 1 is 1470 square feet
Area of Lot 10, Block 1 is 1470 square feet
Area of Lot 11, Block 1 is 1470 square feet
Area of Lot 12, Block 1 is 2485 square feet
Area of Lot 1,
Area of Lot 2,
Area of Lot 3,
Area of Lot 4,
Area of Lot 5,
Area of Lot 6,
Area of Lot 7,
Area of Lot 8,
Area of Lot 1,
Area of Lot 2,
Area of Lot 3,
Area of Lot 4,
Area of Lot 5,
Area of Lot 6,
Area of Lot 7,
Area of Lot 8,
Block 2 is 1722 square feet
Block 2 is 1312 square feet
Block 2 is 1312 square feet
Block 2 is 1722 square feet
Block 2 is 1722 square feet
Block 2 is 1312 square feet
Block 2 is 1312 square feet
Block 2 is 1722 square feet
Block 4 is 1722 square
Block 4 is 1312 square
Block 4 is 1312 square
Block 4 is 1722 square
Block 4 is 1722 square
Block 4 is 1312 square
Block 4 is 1312 square
Block 4 is 1722 square
feet
feet
feet
feet
Area of Lot 1, Block 3 is 1722 square feet
Area of Lot 2, Block 3 is 1312 square feet
Area of Lot 3, Block 3 is 1312 square feet
Area of Lot 4, Block 3 is 1722 square feet
Area of Lot 5, Block 3 is
Area of Lot 6, Block 3 is
Area of Lot 7, Block 3 is
Area of Lot 8, Block 3 is
Area of Lot 1, Block 5 is
Area of Lot 2, Block 5 is
Area of Lot 3, Block 5 is
Area of Lot 4, Block 5 is
feet Area of Lot 5, Block 5 is
feet Area of Lot 6, Block 5 is
feet Area of Lot 7, Block 5 is
feet Area of Lot 8, Block 5 is
1722 square feet
1312 square feet
1312 square feet
1722 square feet
1722 square feet
1312 square feet
1312 square feet
1722 square feet
1722 square feet
1312 square feet
1312 square feet
1722 square feet
E. Planning Considerations
Excerpts from the planning consultant's report area attached and have been incorporated into this
report.
F. Building Considerations
Comments from the building official have been incorporated into this report.
G. Legal Considerations
The city attorney's comments are attached and have been incorporated into this report.
ii. Engineering Considerations
The city engineer's comments are attached and have been incorporated into this report:
Planning Case Report 04-06 Page 6 7/30/04
I. Police Considerations
The Pohce Department was involved in the original review of the development plans.
J. Fire Considerations
West Metro Fire was involved in the original review of the development plans.
VIII. Summary
Based upon the submitted plans dated July 9, 2004, staff and consultants find the preliminary plat is
consistent with the PUD submittals reviewed in April of 2004 and recommend approval.
IX. Recommendation
Staff recomrnends approval of the preliminary plat,, subject to the following conditions:
1. Comply with city engineer recommendations (July 29, 2004 memorandum).
2. Comply with city attorney recommendations (July 16, 2004 correspondence).
3. Comply with planner recommendations:
A. All grading, drainage, and utility plans shall be subject to the review and approval of city
engineer.
B. Ail easement locations, configuration, and size shall be subject to the review and approval of the
city engineer.
C. All unit setbacks shall conform to the permitted setbacks granted as part of the Planned Unit
Development.
D. The association documentation shall outline the maintenance and upkeep of all common areas.
E. All landscaping and boulevard trees adjoining Winnetka Avenue and Sumter Avenue shall be
maintained by the association.
4. Planning Commission agrees to waive review of final plat.
5. Payment of park dedication fee upon execution of final plat
requirements.
($15,850), per city ordinance
Attachments:
Address/Zoning/Topo Maps
Petitioner Correspondence
· Plat
· Legal Description
· Proposed Lot Areas
· Planner's Report
· City Engineer Memo
· City Attorney Correspondence
· Plat Distribution Letter
Excerpts April Planning Report
· Excerpts April Report Attachments:
· Correspondence
· Plans
· Council RFA Transfer
Planning Case Report 04-06 Page 7 7/30/04
ST. THERESE
NURSING
HOME
8008 8000
7910
8001~
5539
794O
5455 5437
54-30 5451
5426 5427
54.20 5421
5436 5437
5430 5431
5426 5427
5420 5421
g
5736 5732
5720
5716
5700 5704
5620
Z
L.iJ
56O0
7800
555O 5559
~ ~ 5537
554O
5532 5531
5524 5519
5518 5509
5512
5501 /
5506
5500 5443
5446 54.57
5440 5429 Li.J
5434 5427
a,
7610
II1~1 I~i~56TH ,a
5546
5538
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552O 7621
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55TH AVE
5111 5437
5438 5435
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5428 5429
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HOSTERMAN
JR HIGH
SCHOOL
WINNETKA
ELEMENTARYi ............... . ........... ..... ' ~'~,~ ST.
~~,' ..... ·. . .. . ,;_.., ~ ~ . , ........... . .~
' i
>:' 9~5.2
July 9, 2004
master
2104 Fourth Avenue So.
Minneapolis, MN 55404
~ ENGINEERI2qG
· DEVELOPlVlEIWT
· CONSTRUCTION
Phone: 612.872.9200
Fax: 612.872.9201
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Mr. McDonald:
As you know, the development team of Master Development Group and Armory
Development received' apPrdvalTor the townhOme project at 5620 Winnetka
Avenue North, Planning Case 04-06. The project approvals included the condition
that we submit a plat in accordance with the requirements of the New Hope
Subdivision Ordinance. On behalf of the development team's ownership group,
Winnetka New Hope Town Homes, LLC, I am submitting our formal plat application
(see attached).
If you have any questions or would like further clarifications, please call me at
612.872.8493.
Since~/e~y,
(~/L 'ott(~p.~.
Vice President
www.masterrnn.com
WINNETKA AVENUE NORTH'
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"50.0Oi
SUMTER 'AVENUE ~IORTH
;;;--;;--;;;
WINNETKA AVE'NU'E NORTH
· . North 353.06 ];
"
Sou
OUTLOT ~
K
A
ROAD EASEMENT KR .... (M-
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~~~ .... ~ ~v~u~ NORTH .
~ .
According to the City of New Hope property is in Flood Zone "X"
per F.E.M.A. mop end panel number 27053C-01928, dated 3-30-01
Legal description end easements per title commitment from First American Title Insurance Co.
File number 59-9591C, dated April 18, 2002.
LEGAL DESCRIPTION:
All of Lot 36, AuditOr, s Subdivision No. 226, except the West 33 feet thereof, except the
North 672 feet thereof, and except that portion lying South of the following described
line: Beginning at a point in the West line of said Lot 36, a distance of 1025.28 feet South
of the Northwest corner of said Lot; thence East at right angles to said West line, a
distance of 206.63 feet; thence North at right angles to said previously described line, a
distance of 50 feet; thence East parallel with the North line of said Lot 36, a dist(3nce of
283.96 feet, more or less, to the East line of said Lot 36.
We hereby certify that this is a true and correct representation of
the boundaries of the above described land and the location of all
visible improvements, unless otherwise noted, on said land.
Dated this 9th day of July, 2004. ~
Signed:
Charles F. Anderson, Minn. Reg. No. 21753
PROPOSE LOT AREAS
Area of Lot 1, Block 1 is 2485 eq.ft
Area of Lot 2, Block 1 is 1470 sq.ft
Area of Lot 3, Block 1 is 1470 sq.ft
Area of Lot 4, Block 1 is 1470 sq. ft
Area of Lot 5, Block 1 is 1470 sq.ft
Area of Lot 6, Block 1 is 2587 sq. ft
Area of Lot 7, Block 1 is 2587 sq.ft
Area of Lot 8, Block 1 is 1470 eq.ft
Area of Lot 9, Block 1 is 1470 sq.ft
Area of Lot 10, Block 1 is 1470 sq.ft
Area of Lot 11, Block 1 ia 1470 ,q.ft
Area of Lot 12, Block 1 is 2485 sq. ft
Area of Lot 1, Block 2 is 1722 eq.ft
Area of Lot 20 Block 2 is 1312 sq.ft
Area of Lot 3, Block 2 is 1312 sq.ft
Area of Lot 4, Block 2 is 1722 sq.ft
Area of Lot 5, Block 2 is 1722 sq. ft
Area of Lot 6, Block 2 is 1312 sq. ft
Area of Lot 7, Block 2 is 1312 sq.ft
Area of Lot 8, Block 2 ie 1722 sq.ft
Area of Lot 1, Block
Area of Lot 2, Block
Area of Lot 3, Block
Area of Lot 4, Block
Area of Lot 5, Block
Area of Lot 6, Block
Area of Lot 7, Block
Area of Lot 8, Block
5 is 1722 sq. ft
5 is 1312 sq. ft
5 is 1312 eq. ft
5 is 1722 sq. ft
5 is 1722 eq.ft
5 is 1312 sq. ft
5 ie 1312 eq.ft
5 is 1722 eq.ft
Area of Lot 1, Block 3 ia 1722 sq.ft
Area of Lot 2, Block 3 is 1312 aq.ft
Area of Lot 3, Block 3 is 1312 eq.ft
Area of Lot 4, Block 3 is 1722 sq.ft
Area of Lot 5, Block 3 is 1722 sq.ft
Area of Lot 6, Block 3 is 1312 sq.ft
Area of Lot 7, Block 3 is 1312 eq.ft
Area of Lot 8, Block 3 is 1722 aq.ft
Area of Lot 1, Block 4 Is 1722 eq.ft
Area of Lot 2, Block 4 is 1312 sq. ft
Area of Lot 3, Block 4 ia 1312 eq.ft
Area of Lot 4, Block 4 I, 1722 eq.ft
Area of Lot 5, Block 4 la 1722 eq. ft
Area of Lot 6, Block 4 ia 1312 eq.ft
Area of Lot 7, Block 4 ia 1312 eq. ft
Area of Lot 8, Block 4 ia 1722 eq. ft
Area of parcel as described is 147032 sq.ft (3.37540 acres)
Area of parcel, not including road (Sumter Ave.) is 137976 sq.ft (3.16748 acres)
Property Address: 5620 Winnetka Avenue North, New Hope, MN
Interior improvern~snts (building, curbs, etc.) not shown for clarification,
perimeter improvements remain to show approximate lines of occupation.
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO: Kirk McDonald
FROM:
Michael Darrow / Alan Brixius
DATE: July 20, 2004
RE:
New Hope - Winnetka Townhomes
NAC FILE: 131.01 -4.06
BACKGROUND AND ANALYSIS
Armory Development/Masters Development Group has requested preliminary plat
approval for Winnetka Townhomes. The Planning Commission considered the request
for development during an April 2004 special meeting. The Developer is proposing to
construct 44 rowhouses, two-story rowhouses, and two-story townhome units in six
buildings. The site area is 137,976 square feet or 3.17 acres.
A base lot and unit lot configuration is being proposed within 5 blocks. The proposed
lots meet the requirements outlined within the April 2004 staff report with regards to lot
layout and lot count. Flexibility is being sought with regards to minimum square footage
required within the R-4 district. Within the R-4 District, a minimum lot size of 5,000
square feet per townhome is required, which is equivalent to 8.5 units per acre. The
applicant has 44 units on 3.17 acres for a gross density of 13.9 units per acre. The
density is consistent with the approved planned unit development.
In review of the submitted preliminary plat, it appears that base lots have been
expanded to both Winnetka Avenue and Sumter Avenue. The unit lots will need to
maintain the setback requirements as approved as part of the PUD. The landscaping
and boulevard trees will need to be maintained through the development's association
and not through independent lot owners. This will ensure that the streetscape is
maintained in a uniform and regular basis. Additionally, because the base lots don't
follow the foundation of the unit lots, the association documentation must outline the
responsibility (common lots vs. individual lots) for the maintenance and upkeep within
these areas.
The preliminary plat identifies Outlot A within the plat. A drainage and utility easement
is proposed over all of Outlot A. However, a drainage and utility easement area is not
shown on the western portion of the plat. The overall drainage and utility easement
area shall be subject to the review and approval of the City Engineer.
CONCLUSION
Based upon the submitted plans dated July 9, 2004, we find the preliminary plat is
generally consistent with the PUD submittals reviewed in April of 2004. If the
preliminary plat is approved, we would recommend that approval be based upon the
following conditions:
1. All grading, drainage, and utility plans shall be subject to the review and approval of
the City Engineer.
All easement locations, configuration, and size shall be subject to the review and
approval of the City Engineer.
All unit setbacks shall conform to the permitted setbacks granted as part of the
Planned Unit Development.
The association documentation shall outline the maintenance and upkeep of all
common areas.
All landscaping and boulevard trees adjoining Winnetka Avenue and Sumter Avenue
shall be maintained by the association.
6. Additional comments from City Staff.
pc: Vince Vandertop
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal
Opportunity Employer and Eroployee Owned
Principals: Otto G, Bonestmo, P.E. · Marvin L. Sorvala, P.E. · Glenn R, Cook, P.E. · Robert G.
Schunicht, P.E. · Jerry A. Bourdon, P.E. · Mark A. Hanson, P.E
Senior Consultants: Robert W, Rosene, P.E. · Joseph C. Andedik, P.E. · Richard E. Turner,
P.E. · Susan M. Eherlin, C.P.A.
Associate Principals: Keith A. Gordon, P.E. · Robert R. Pfeffede, P.E. · Richard W. Foster,
P.E. · David O. Loskota, P.E,. · Michael T. Rautmann, P.E. · Ted K. Field, P.E. · Kenneth P.
Anderson, P.E. · Mark R. Rolfs, P.E. · David A. Bonestroo, M.B.A.· Sidney P. Williamson, P.E,,
L,S. · Agnes M. Ring, MB.A. · AJlan Rick Schmidt, P.E. · Thomas W. Peterson, P,E. · James R.
Maland, P.E. · Miles B. Jensen, P.E. · L. Phillip Gravel III, P.E · Daniel J. Edgerton, P.E. ·
Ismael Martinez, P.E. · Thomas A. Syfko, P.E. · Sheldon J. Johnson · Dale A. Grove, P.E. ,
Thomas A. Roushar, P.E, · Robert J. Devery, P.E.
Offices: St. Paul, St. Cloud, Rochester and Willmar, MN · Milwaukee, WI · Chicago, IL
Web$ite: www.bonestroo.com
Date: July 29, 2004
To: Kirk McDonald
Cc:
Guy Johnson, Roger Axel
From:
Vince Vander Top
Subject:
Winnetka Townhomes Preliminary Plat
34-Gen 02.19
We have reviewed the submitted preliminary plat and provide the following comments for
consideration:
An existing road and utility easement exists along the south portion of the property.
This easement allows access to the Winnetka Townhome property, as well as the
adjacent funeral home. A portion of this easement must be vacated as shown to
accommodate the proposed townhomes. This final easement will not be shown on the
final plat. As such, documentation of the vacation must be submitted to the City. It is
recommended that the existing easement be vacated in entirety and a new easement
recorded for the benefit of both properties.
The ½ ROW shown for Winnetka Avenue is 33-feet-wide. As we discussed during
the review process, a typical ½ ROW width of 40-feet has been provided by
properties along Winnetka. It has been determined that a 33-foot-wide easement will
be adequate as shown. However, a 10-foot-wide drainage, utility and sidewalk
easement must be dedicated adjacent to the ROW. This will not impact the setbacks
identified during the planning process. The existing 7-foot-wide sidewalk easement.
documents should be vacated and new sidewalk easement provided by separate
documentation.
The plat does not extend to the centerline of Wirmetka Avenue. The ownership of the
east ½ of Winnetka Avenue ROW should be verified. It is presumed that it is
dedicated as road easement/ROW already and is not part of the Winnetka Townhome
property, but this should be verified.
Outlot A includes all common areas. It assumed that this includes the driveway area
into the site. Outlot A should also surround Block 1. It currently appears that Block
1 extends to the Winnetka Avenue ROW. Including Outlot A adjacent toWinnetka
would clearly record the previously discussed drainage and utility easement.
2335 West Highway 36 · St. Paul, MN 55?13 · 651-636-4600 · Fax: 651-636-1311
Drainage and utility easement is provide over all of Outlot A. This is acceptable,
however, it must be noted in the City record that this does not indicate that the
utilities within this development are public. As discussed during the planning
process, all utilities within the plat will be owned and maintained privately.
By providing drainage and utility easement over all of Outlot A, adequate easement is
provided along the north, east, and south lot lines.
The ½ ROW shown for Sumter Avenue is 30-feet-wide. This is acceptable. The
existing road easement documents should be reviewed by the City Attomey and City
Engineer. If applicable, they could vacated as the road and utility requirements are no
covered by the platted ROW.
The utility plan shows storm sewer that will cross Lot 8, Block 3 and Lot 8, Block 4.
This must be corrected by altering the storm sewer alignment or providing additional
easement.
The grading plan indicates that approximately 15 feet will be required along the
western portion of the north property line to accommodate the proposed sidewalk and
storm sewer. The proposed plat provides a much shorter distance. It must be verified
that the sidewalk and storm sewer do not encroach onto Lot 1, Block 1.
End of Comments
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
DOUGLAS J. DEBNERz
GORDON L. JENSENI
CLARISSA M. Kt. UG
GLEN A. NORTON
STEVEN A. SONDRALL
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
~Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
:Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDiNBROOK CROSSING, STE. 2(
BROOKLYN PARK, MINNESOTA 55443-1960
TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193
e-mail law~j ensen-sondrall.com
Writer's Direct Dial No.: (763) 201-0217
e-nmil djd~jensen-sondrall, com
July 16, 2004
VIA FACSIMILE TO: (763) 531-5136
AND BY REGULAR U.S. MAIL
Kirk McDonald
Communip,: Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re.'
Preliminary Plat for Winnetka Townhomes
Our File No.: 99.15065
Dear Kirk:
I have received the proposed preliminary plat for the property to be known as "Winnetka
Townhomes' (hereinafter "Plat"). I have reviewed the Plat for compliance with the City's
preliminary plat ordinances found at New Hope City Code~ Section 13-4(a) et seq. and have
noted the following.
Ae
GENERAL PROVISIONS:: The Plat is largely in compliance with this City Code
section. However, the Plat does not provide the names and addresses of the owners of
the property. These names and addresses, plus eVidence of ownership (discussed further
below) must be submitted to the City Attorney's Office.
EXIST~rNG CONDITIONS: 3 ~n~,.e Plat is net in compliance xvitb severa! provisions of
City Code Section 134(a)(2) because the Plat does not provide full information to 350
feet beyond the boundaries of the land being platted as required. However, it is the
understanding of the City Attorney's Office that the City does not need to require strict
compliance with these requirements in this instance. However, The Plat does not show
any existing "sewers, water mains, culverts or other underground facilities within the
tract" as required by City Code Section 134(a)(2)(e). It is the understanding of the City
Attorney's Office that the °Id Frank's Nursery site had water and sewer facilities at the
least and that the Plat is therefore not accurate to that extent. The Plat does show water
mains, gas mains, and a sanitary sewer under the streets adjacent to the property.
Any references to "Code' in this letter are referring to the New Hope City Code.
See Code Section 134(a)(1).
See Code Section 13-4(a)(2).
July !6, 2004
Page 2
Ce
PROPOSED DESIGN FEATURES? Multiple proposed design features were omitted from the Plat so they
are listed here in greater detail.
City Code Section 13-4(a)0)(c): Improvements and stormwater runoff. The Plat does not provide "an
indication of the proposed storm water runoff, showing drainage from other areas that contribute stormwaters"
to the proposed platted area.
City Code Section 13-4(a)(3)(d): Street and alley centerline gradients. The Plat does not show the
"approximate center line gradients of proposed streets and alleys, and adjoining streets".
City Code Section 13-4(a)(3)(e): Sewer lines and water mains. The Plat does not show the "locations and size
of proposed sewer lines and water mains".
City Code Section 13-4(a)(3)(|): Water supply. The Plat does not appear to show how water is to be provided
to the platted property.
City Code Section 13-4(a)(3)(k): Sewage disposal. The Plat does not show any proposed sewer main or
service connection.
4
City Code Section 13-4(a)(3)(1): Surface water. The Plat does not show any provision for surface water
disposal, drainage and flood control.
De
Ee
SUPPLEMENTARY INFORMATION:5 At this time the City Attorney's Office is not aware of any
supplementary information being required in connection with the Plat and so these items are not addressed here.
PRELIMINARY SITE PLAN:6 The property being platted borders Winnetka Avenue North which is also
Co. Rd. 156. Therefore Code Section 13-4(a)(5) applies to the Plat and a preliminary site plan is required. A
copy of such a site plan was provided to the City Attorney's Office. That site plan fails to show the location of
nearby driveways, street intersections, etc. as required by City Code Section 13-4(a)(5)(h) but is otherwise
acceptable.
Evidence of Ownership: As a matter of City policy, plat approval applicants are required to submit to the City a
commitment for title insurance. Such a commitment will allow the City to determine that the proper individuals are
signing a plat. A title insurance policy insuring the City's interest in any easement or right-of-way to be dedicated on
the Plat will be required in connection with the approval of the final plat. TherefOre, a title insurance commitment may
as well serve as the evidence of ownership for the Plat. The commitment for title insurance must be submitted to the
City Attorney's Office prior to final plat approval as all owners need to sign the final plat as well as any mortgagee.
Please contact me with any questions or comments.
Very [ru, ly y~oat.9/~.;~ff~~--,
Dou ~i Debner, Assistant City Attorney,
Cit, ~r New Hope
See Code Section 13-4(a)(3).
See Code Section 13-4(a)(4).
See Code Section 13-4(a)(5).
Ii I
July 16, 2004
Page 3
CC:
Steven A. Sondrall, New Hope City Attorney (via email to sas@jensen-sondrall.com)
Clarissa M. Klug, New Hope Assistant City Attorney (via emall to cmlc@jensen-sondrall.com)
Para Sylvester, New Hope Administrative Support Specialist (via email to psylvester@ci.new-hope.mn.us)
Vincent T. Vander Top, New Hope Engineer (via email to vvandertop@bonestroo.com)
Alan Brixius, New Hope Planning Consultant (via email to planners@nacplanamg.com)
P:\^t~omey\DJD\2. City of New Hope\99.15065 - Winnetka Hownhomes\99.15065 - 001 - Preliminary Plat Letter 134 - SHORT.doc
Memorandum
To:
From:
Date:
Subject:
Hennepin County Public Works
Center Point Energy Minnegasco
Xcel Energy
Qwest
Comcast
New Hope City Attorney
New Hope City Engineer
New Hope Planning Consultant
New Hope Building Official
New Hope Director of Public Works
Kirk McDonald, Director of Community Development
July 9, 2004
Prehminary Plat for Winnetka Townhomes
Enclosed is a preliminary plat for' Winnetka Townhomes. The purpose is to create a lot/block
description for this property for development purposes. Please review and return your comments by
4:30 p.m. Friday, July 23, to:
Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Phone: 763-531-5119
Fax: 763-531-5136
The preliminary plat will be considered by the New Hope Planning Commission on August 4, 2004.
If you have any questions, please feel free to contact me at 763-531-5119.
Enclosure
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date:
Report Date:
04-06
April 20, 2004
April 16, 2004
Armory Development/Master Development Group
5620 Winnetka Avenue North
Platting of property, rezoning, Comprehensive Plan
development stagc planned unit development approval
amendment,
and concept/
I. Request
The petitioner is requesting rezoning of property from CB, Community Business, to PUD, Planned Unit
Development, preliminary plat approval, Comprehensive Plan amendment, and concept/development
stage planned unit development, to allow construction of 44 rowhouses, two-story rowhouses, and two-
story townhome units in six buildings, pursuant to Sections 4-24, 4-30, 4-34 and Chapter 13 of the New
Hope Code of Ordinances.
To accommodate the proposal, the following approvals are necessary:
· Comprehensive Plan Amendment. A Comprehensive Plan amendment changing the land use of the
property from commercial to high density residential is necessary to make it consistent with New
Hope's Comprehensive Plan.
· Rezonin_q. A rezoning of the property from CB, Community Business, to PUD, Planned Unit
Development District. Planned unit development is necessary to accommodate the change of land
use and to allow for flexibilities above and beyond the standard zoning distdct to accommodate the
density and the setbacks that are being requested within the development. The city will have to
make a determination as to the range of flexibility that would be permitted in allowing for this
redevelopment to occur.
· ,Approval of a concept and development staqe planned unit development. This part of the PUD
rezoning is necessary. Flexibilities are necessary within this redevelopment related to setbacks,
density traffic circulation, use of private streets, and several other items
~ · Subdivision. To create individual townhome om~nium ownership of t~
~. ~must be processed. A replat of the pro erty or condominium lat is re ' ed. "
II. Zoning Code References
Section 4-24
Section 4-30
Section 4-32
Section 4-34
Chapter 13
PUD, Planned Unit Development District
Administration - General
Rezoning
Administration - PUD, Planned Unit Development
Subdivision and Platting
III. Property Specifications
Zoning:,
Planning Case Report 04-06
CB, Community Business
Page 1
4/16/04
Planning Case Report 04-06
IV. Background
Armory Development II LLC, in partnership with Master Development Group, is requesting a
redevelopment opportunity for the Franks Nursery site located at 5620 Winnetka Avenue North in New
Hope. The site consists of 3.167 acres and is currently occupied by a stand-alone commercial building.
The applicant is proposing to remove all existing buildings and parking areas to accommodate
redevelopment of the site with urban-style townhomes. The staff development team and the Design and
Review Committee have reviewed the proposed development. The applicant had revised the plans to
address issues identified during the review process.
.V. Petitioner's Comments .~
April 12 correspondence from the petitioner stated "Armory Development II LLC, in partnership with
Master Development Group, is proposing to redevelop the former Franks Nursery & Craft site as 44
units of homeownership housing in an attractive combination of rowhouses, two story rowhouses, and
two story townhomes. This development is the result of a partnership with the city of New Hope, who
has named our development team the preferred developer for the site and is providing a TIF financing
package to make this development a reality.
"We are requesting approval of our development plan from the Planning Commission, including
rezoning and planned unit development (PUD) approvals. The development as envisioned meets city of
New Hope goals of creating life cycle housing and conforms to the master plan in effect for the
Winnetka Avenue and Bass Lake Road area.
"The development team and architect, Tushie Montgomery Architects, have been working closely with
city of New Hope staff to review the design, access, and green space in light of city goals and
guidelines. The resulting final design achieves the city's vision of creating a vibrant mix of housing
options in a layout that promotes safety and livability while contributing to the natural environment.
"The housing units will be divided into six buildings, a design which allows for flexibility in the
construction process and creates green space around each unit. Overall, the plan creates higher
density housing in a layout that will maintain a sense of spaciousness and openness.
"Two of the buildings will front Winnetka Avenue and consist of 12 rowhomes approximately 1,500 -
1,800 square feet each, with main entries on Winnetka and parking at the rear of each unit. These units
are expected to be priced between $180,000 and $220,000. Four of the buildings will be set in the
center of the site and will be phased in during the sales cycle. These homes will consist of two-story
units at approximately 1,700 - 1,900 square feet and will be pdced ranging from $190,000 - $230,000.
"The exterior of the units will be a mixture of brick or stone material, cedar trim, clad windows, hardi-
plank, vinyl or comparable material siding. There will be professionally designed, installed, and
maintained landscaping throughout the site. The interior of the units will be professionally designed
interiors with upgraded standard finishes. Some of the finishes include: pre-engineered hardwood
flooring, designer selected lighting package, designer selected paint pallet, European custom designed
wood cabinets, energy efficient stainless steel appliances, and natural hardwood millwork.
"The development team is excited about bringing this high quality development to the city of New Hope.
We hope to break grOund in summer 2004, with the first units ready for occupancy in spring 2005."
.Condominium Association Information - "The development will be maintained over the long term by a
condominium association that will govern the entire parcel and the 44 townhomes. Because of the
layout of the site and the many development features that are shared among all homeowners (e.g.,
pond, common streets, visitor parking stalls, landscaping), the development is best defined and
governed by one condominium association. Each townhome unit will be individually owned and
maintained, but condominium association rules and regulations will establish guidelines for
maintenance and upkeep of each building's exterior, of the landscaping, exterior parking stalls, and
private streets. The association will charge monthly dues to each homeowner to cover the costs of
Page 3
4/16/04
VI.
shared maintenance and improvement expenses. A few other issues unique to this development will
addressed in the condominium association documents. The condominium association will also provide
that snow loading will be accommodated where reflected in the site plan submitted to the city of New
Hope, and will provide that if snow loading needs exceed that capacity, then the snow will be hauled off-
site. Establishing a Common Interest Community (CIG) condominium association is the most
appropriate legal definition of the proposed project, and will best achieve the goals of long-term care
and maintenance of the property."
Notification
VII.
A.
Property owners within 350 feet of the property, including the city of Crystal, were notified about the
original public hearing and about the continuation. Staff received some calls, including the owners of
Continental Apartments at 8100 Bass Lake Road, and some Crystal residents have come to city hall to
review the plans. A full set of large-scale plans was delivered to Crystal City Hall for its staff to review,
including the odginal and revised plan sets.
Development Analysis
Zoninq Code Cdteria
Comprehensive Plan Amendment
The development proposal will require a change of the city's land use plan. The 1998 New Hope
Comprehensive Plan land use plan suggests commercial uses at the corner of Bass Lake Road and
Winnetka Avenue. The Livable Communities Task Force has identified the Franks Nursery site as a
redevelopment target site.
. Through the task force review, it was suggested that a redevelopment with a medium to high-
density residential land use was appropriate for this site. The concept that was presented by Master
Development Group was seen as preferred which included the redevelopment of the site for
townhomes. In this respect, the past review of the potential land uses for this site would suggest
that the proposed land use is appropriate and the land use change should be pursued.
III. Rezoninq
The applicant has requested a planned unit development zoning designation to provide design and
density flexibility. In evaluating the PUD, it will be compared to the city's R-4, High Density
Residential District, to show where the flexibilities are being requested and the differences between
the standard R-4 and the higher density PUD district that is being proposed. Section 4-32 of the
New Hope Zoning Ordinance outlines the criteria for considering a change in zoning as follows:
(1) The zoning amendment is necessary to correct a past zoning mistake.
(2) The character of the area has changed to warrant consideration of an amendment.
(3) 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 city Comprehensive Plan.
The purpose of a Planned Unit Development (PUD) is to provide for grouping of buildings in an
integrated and coordinated design. The PUD is intended to introduce flexibility from typical site
design requirements and architectural controls for the conservation of land and to encourage
creative environments that might not otherwise be accommodated through the strict application of
New Hope's Zoning and Subdivision Ordinances.
The proposed development is of an urban character that does not fit with New Hope's standard
high-density residential zoning district. The PUD zoning district allows the Planning Commission and
City Council to evaluate the requested zoning based on the merit of the proposed development..
It is apparent that through the Comprehensive Plan and the city's redevelopment efforts that the
character of the area has changed to warrant consideration of Comprehensive. Plan amendment
Planning Case Report 04-06 Page 4 4/16/04
6. Gas meters and air conditioning units are illustrated as located at the rear of the building,
which faces Winnetka Avenue. Per discussion with the applicant, the gas meter and air
conditioning units should be relocated to under the stoop on the east side of the building.
13. Grading and Drainage
The applicant has submitted a revised grading and erosion control plan to be reviewed in
conjunction with the overall site design and traffic circulation within the property. The adequacy
of all proposed grading, drainage and erosion control is subject to the review and approval of the
city engineer.
14. Utilities
The applicant has submitted a revised utility plan that illustrates the extension of utilities through
the proposed development. City ordinance requires that each townhome have separate utilities.
Utility connections will affect how the land is subdivided and must be addressed. The city
engineer has recommended that overhead utilities serving the site be buried.
15. Lighting
The applicant has submitted a site lighting plan. The plan specifies two different light fixtures
illustrated at 10 locations throughout the site. Staff recommends that lighting be provided for all
guest parking areas. In addition, staff recommends additional lighting of directory signage.
Details are provided for only one style of light fixture mounted on a 20-foot pole. The fixture
appears to be hooded with a ninety degree cut off. The New Hope Zoning Ordinance provides
that light sources shall be hooded or controlled in a manner so as not to light adjacent property.
Additionally, light cast on residential property shall not exceed one foot candle as measured at
or on the adjoining property.
The photometric plan indicates lighting of varying intensity measuring a maximum of 0.8 foot
candles on the northern property line, 0.3 foot candles on the east property line, 0.5 foot candles
over the south property line and 0.0 foot candles along the west property line.
6. Accessory Equipment
The applicant has submitted revised plans incorporating information regarding the location of
mailboxes. Details regarding street signs and address signs must be included as part of the
PUD review. These elements are necessary in light of traffic circulation and parking
arrangements.
'e the applicant is requesting subdivision and platting approval, the city has not recei'~eed a'~
preliminary plat indicating how the applicant will subdivide the property (i.e. whether it is intended
to be a unit lot configuration or a condominium subdivision). This element has to be submitted
as part of the overall application. ,_
The applicant has submitted homeowners association documents for city attomey review.
E..Planninq Considerations
Excerpts from the planning consultant's report have been incorporated into this report.
F. Buildinq Considerations
Comments from the building official have been incorporated into this report.
Planning Case Report 04-06
Page 13 4/16/04
G. Le,qal Considerations
The city attorney will review the condominium plat, homeowners association documents, and
prepare the PUD development agreement.
H. En.qineednq Considerations
Comments from the city engineer include:
.~The property will need to be ~xisting easements should be vacated and rededicated on
~$rl~at~r~i[~, the road and utility easement shared with the funeral home will need to
be vacated and reconfigured. The width of the existing easement would encroach into the
proposed building area, which is not acceptable. The city did not receive a copy of the
preliminary plat with this submittal.
2. The city should discuss and coordinate the construction of new sidewalk along Winnetka, as well
as, the budal of overhead utilities. This process should be started if applicable.
3. The previously shown pond on the site has been eliminated. Storm sewer is shown on the site to
collect runoff and route the storm water to the existing storm sewer in the northwest comer of
the site.
a. Submit drainage calculations for the design storm sewer system. Include runoff calcs for a
10-year and lO0-year event. Identify all subdrainage areas for each catch basin. The 100-
year overflow must be directed to Sumter Avenue.
4. This project does not need to be submitted to Shingle Creek Watershed for review, however, it
is referenced in the city's livable communities storm water study. The watershed will review this
study and likely raise questions concerning water quality treatment from this site. It is likely that
some storm treatment may be required. We have.previously discussed the addition of a storm
captor on the site to provide some benefit.
5. Some detail on the grading plan will require clarification:
a. The site emergency overflow (EOF) is to be directed toward Sumter Avenue.
b. A sidewalk to Winnetka Avenue has been added along the north property line. The walk will
rely on steps to accommodate the grade changes. Adequate cover (min. of 3 feet) must be
maintained over the storm sewer in this same area.
6. Fire hydrant locations are identified and must be approved by West Metro Fire.
7. The final civil plans must include details describing proposed manholes, pipe bedding, valves,
hydrants, water service stops, curb types, pavement sections and other infrastructure items.
While it is typical for the city to review and approve plans at this stage, the civil plans will be
considered incomplete and not suitable for construction until these items are discussed and
shown on the plans. The developer's engineer is encouraged to coordinate with the city
engineer and Public Works for standard details.
8. One sewer and water service line will be provided to each condominium and will be split in a
common utility room. Each dwelling unit will be required to have a separate water meter. Public
Works and emergency personnel must have access to these rooms for functions such as water
shut offs and meter reading.
Police Considerations
Comments from the Police Department have been incorporated into this report.
Planning Case Report 04-06 Page 14 4/16/04
J. Fire Considerations
West Metro Fire Rescue conducted a plan review on the this site on March 16 and the following will
be required:
1. Four fire hydrants shall be required throughout the project at intervals of no more than 350 feet
apart.
2. West Metro Fire Rescue shall determine all fire hydrant locations after the final site plan has
been approved.
3. All fire hydrants shall have marker flags and be posted with fire lane signs to prevent blocked
access.
4. Address posting shall be visible from main drive aisles to prevent emergency vehicles from
committing to long drive aisles going east.
5. A signage plan shall show all "no parking fire lane" signs to be posted.
VIII. Summary
Armory Development II LLC, in partnership with Master Development Group, has requested the
following development applications to facilitate the redevelopment of the Franks Nursery site located at
5620 Winnetka Avenue North in New Hope:
'1. Comprehensive Plan amendment to change the designated land uses to high density residential.
2. Rezoning from CB, Community Business to PUD, Planned Unit Development.
3.~ Concept and development stage PUD and preliminary plat.
4. Preliminary and final plat review and approval.
As the Franks Nursery and Craft site has been identified for redevelopment, changing the land use and
zoning would be appropriate. The applicant is requesting flexibility related to density, setbacks, traffic
circulation, etc. The acceptable range of flexibility is a policy decision that will rest with the Planning
Commission and City Council.
Comprehensive Plan Amendment/PUD Rezoning
These applications are interconnected and should be considered together. Any land use change is a
policy decision for the City Council. Generally, the city must find that the proposed change is consistent
with the following criteria:
1. The zoning amendment is necessary to correct a past mistake.
2. The character of the area has changed to warrant consideration of an amendment.
3. 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 city Comprehensive Plan.
The past zoning was correct for the past uses, however, the city in its Comprehensive Plan recognized
the changing character of the area by designating this site for redevelopment. The Change in land use
and zoning provides the opportunity to implement the redevelopment objective. The PUD zoning is
directly tied to the proposed development plan. If the Planning Commission and City Council find that
the proposed density and design fulfill the city's redevelopment objective, approval of the
Comprehensive Plan amendment is recommended contingent on the city approval of the PUD concept
and development stage plan.
IX. Recommendation .....
~lf the. Comprehensive Plan and rezoning is deemed appropriate for the site, staff recommends approval
of the PUD concept and development stage plans with the following conditions: ..
Planning Case Report 04-06 Page 15 4/16/04
1. Execute PUD development agreement and provide the appropriate financial security for site work ~'---
(amount to be determined by building official and city engineer).
2. Comply with city engineer recommendations, per April 15, 2004, attached correspondence.
3. Approval of plans by building official.
4. Comply with West Metro Fire recommendations, as stated in report.
5. Comply with planner recommendations/conditions:
(1) Site Plan
a. Site density shall be 13.9 units per acre.
b. The site shall include a minimum of 24 percent open space.
c. Setbacks shall not vary, from the setbacks illustrated on Sheet L1.0 as revised 3/26/04.
d. All proposed townhome units shall have a minimum width of 21 feet.
(2) Access and Circulation
a. The site will be served by a single access drive to Winnetka Avenue and three access drives
to Sumter Avenue. The site will be served internally by pdvate drives. Private drives shall be
a minimum of 22 feet in width.
b. The applicant will install "No Thru Traffic" signs to address concerns regarding use of the
funeral home parking lot by through traffic.
c. The applicant will install "No Parking Fire Lane" signs along the internal private drives at
locations approved by the city engineer. The applicant will incorporate additional "no parking
fire lane" signs along the center internal drive and midway along the side of each internal
perimeter drive.
d. All snow storage for the site shall be accommodated on site. The homeowners association
shall keep the internal ddves free of snow.
e. The applicant shall provide additional screening or take such other measures as may be
required to mitigate the impact of vehicle headlights on adjacent property fronting Sumter
Avenue to the east on the site.
(3) Parking
a. No parking will be allowed on private drives.
(4) Landscaping
a. Retaining walls are subject to review and comment of the city engineer and Public Works.
b. Fencing must meet the requirements of the New Hope Zoning Ordinance.
c. The applicant shall correct discrepancies between plan and schedule.
d. All green spaces shall be irrigated.
(5) Signage
a. Monument signage must meet required setback and avoid traffic visibility triangles.
b. The applicant shall provide details for all address signs. Unit addresses must be clearly
visible from main drive aisles.
c. The applicant shall submit revised plans illustrating a signage plan indicating the location of
all "no parking fire lane" signs to be posted.
Planning Case Report 04-06 Page 16 4/16/04
(6) Lighting
a. The applicant shall submit revised plans illustrating details for all proposed light fixtures.
b. All light fixtures shall be hooded and direct light downward.
c. The applicant shall provide lighting for all guest parking areas and directory signage.
(7) Buildings
a. The applicant shall submit revised plans clearly illustrating a stoop, landing or patio in
conjunction with the side doors for the end units.
b. Planning Commission to determine if the applicant should submit revised plans illustrating a
variety of exterior materials for the individual townhome units to provide some diversity in
appearance and building materials.
(8) Grading, Drainage and Erosion Control.
a. The'adequacy of all proposed grading, drainage and erosion control is subject to the review
and approval of the city engineer.
b. The applicant shall provide storm water calculations.
(9) Utilities.
a. The applicant shall provide separate utility connections for each townhome unit.
Alternatively, the applicant shall adequately address condominium ownership of the
townh.ome units.
b. Overhead utilities on the site shall be buried.
(10) Homeowners Association
a. The homeowners association documents are subject to approval by the city attomey.
b. The homeowners association documents shall be filed with the final plat.
~!. 1 ) ~' S~ubdivision ~, ~-----.~ ~_~._
a. The applicant shall submit a preliminary or condominium plat in accordance
t,.. requirements of the New Hope Subdivision Ordinance.
Attachments:
· Address/Zoning/'i'opo Maps
· 4112/04 Petitioner Correspondence
· Plans: Site Plan
Lighting Plan
Enlarged Entry Plan
Monument Sign Plan
Planting Plan
Foundation Plans - Buildings A, B
Floor Plans - Buildings A, B
Elevations - Buildings A, B
Enlarged Floor Plans - Buildings A, B
Removal/Utility/Grading Plans
4/14/04 Planners Repor~
4/15/04 City Engineer Memorandum
4/13/04 West Metro Fire Comments
Application Log
Planning Case Report 04-06 Page 17 4/16/04
Master
Engineering- Development. Construction
New Hope Town Home Redevelopment
5620 Winnetka Avenue North
4.12.04
Armory Development !1 LLC, in pa.rtnership with Master Development
Group, is proposing to redevelop the former Franks Nursery & Craft site as
forty four units of homeownership housing in an attractive combination of
rowhouses, two story rowhouses, and two story townhomes. This
development is the result of a partnership with the City of New Hope, who
has named our development team the preferred developer for the site and
is providing a TIF financing package to make this development a reality.
We are requesting approval of our development plan from the Planning
Commission, including rezoning and planned unit development (PUD)
approvals. The development as envisioned meets City of New Hope goals
of creating life cycle housing and conforms to the master plan in effect for
the Winnetka Avenue and Bass Lake Road area.
The development team and architect, Tushie Montgomery Architects, have
been working closely with City of New Hope staff to review the design,
access, and green space in light of City goals and guidelines. The
resulting final design achieves the City's vision of creating a vibrant mix of
housing options in a layout that promotes safety and livability while
contributing to the natural environment.
The housing units will be divided into six buildings, a design which allows
for flexibility in the construction process and creates green space around
each unit. Overall, the plan creates higher density housing in a layout that
will maintain a sense of spaciousness and openness.
Two of the buildings will front Winnetka Avenue and be consist of twelve
rowhomes approximately 1,500 - 1,800 sf each, with main entdes on
Winnetka and parking at the rear of each unit. These units are expected to
be priced between $180,000 and $220,000.
Four of the buildings will be set in the center of the site and will be phased
in during the sales cycle. These homes will consist of two-story units at
approximately 1,700 - 1,900 sf and will be priced ranging from $195,000 -
$230,000.
The exterior of the units will be a mixture of brick or stone material, cedar
tdm, clad windows, hardi-plank, vinyl or comparable material siding. There
will be professionally designed, installed, and maintained landscaping
through out the site.
The interior of the units will be professionally designed interiors with
upgraded standard finishes. Some of the finishes include:
· Pre- engineered hardwood flooring
· Designer selected lighting package
· Designer selected paint palette
· European custom designed wood cabinets
· Energy efficient stainless steel appliances
· Natural hardwood millwork
The development team is excited about bringing this high quality
development to the City of New Hope. We hope to break ground in
summer 2004, with the first units ready for occupancy in spring 2005.
Condominium Association Information
The development will be maintained over the long term by a condominium
association that will govern the entire parcel and the forty four townhomes.
Because of the layout of the site and the many development features that
are shared among all homeowners (e.g., common streets, visitor parking
stalls, landscaping), the development is best defined and governed by one
condominium association. Each townhome unit will be individually owned
and maintained, but condominium association rules and regulations will
establish guidelines for maintenance and upkeep of each building's
'exterior, of the landscaping, exterior parking stalls, and private streets.
The association will charge monthly dues to each homeowner to cover the
costs of shared maintenance and improvement expenses. A few other
issues unique to this development will be addressed in the condominium
association documents. The condominium association will also provide
that snow loading will be accommodated where reflected in the site plan
submitted to the City of New Hope, and will provide that if snow loading
needs exceed that capacity, then the snow will be hauled off-site.
Establishing a Common Interest Community (CIC) condominium
association is the most appropriate legal definition of the proposed project,
and will best achieve the goals of long-term care and maintenance of the
property.
I I
WINNETKA TOWNHOMES
NEW HOPE, MINNESOTA
PROJECT TEAM
pREPARED FOR ,
rqASTER CIVIL AND CONSTRUCTION ENG, INC
TUSI41E P1ONTGOI"IER¥ ARCI41TECT,~
ABBREVIATIONS
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SITE PLAN REVIEW CITY SUBMITI*AL ·
WINNETKA TOWNHOMES
5620 Winnetka Avenue North
New Hope, Minnesota
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WINNETKA TOWNHOMES
5520 Winnetka Avenue North
New Hope, Minnesota
SITE PLAN REVIEW CITY SUBMITTAL. .
WINNETKA ~OWN~OM~S
5620 W/nnetka Avenue North
New Hope, Minnesota
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WINNETKA TOWNHOMES
5620 Winnetka Avenue North
New Hope, Minnesota
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SITE PLAN REVIEW CITY SUBMITTAL..
WINNETKA TOWNHOMES
5620 Winnetka Avenue North
New Hope, Minnesota
SITE PLAN REVIEW CITY SUBMITTAL.,
WINNETKA TOWNHOMES
5620 W/nnetka Avenue North
New Hope, Minnesota
Council
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
Community Development ...-':7 07-26-04 Consent
By: Kirk McDonald, Director of CD By:. ~ Item No.
Amy Baldwin, CD Assistant 6.5
A RESOLUTION REAFFIRMING APPROVAL OF REZONING, COMPREHENSIVE PLAN AMENDMENT
AND CONCEPT/DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT FOR 5620 WINNETKA
~ AVENUE NORTH (IMPROVEMENT PROJECT NO. 733).
REQUESTED ACTION
Staff recommends the Council approve the attached resolution, which reaffirms the approvals granted on April
26, 2004, for the redevelopment of the former Frank's Nursery site at 5620 Winnetka Avenue North by
Foundation Land Development, LLC.
.POLICY/PAST PRACTICF
The City Council has previously entered into agreements with developers to facilitate improvements in the city.
This agreement will facilitate the construction of 44 owner-occupied, market rate townhome units in the Livable
Communities area and address life cycle housing goals outlined in the Comprehensive Plan.
BACKGROUND
The Council initially granted approvals for this project to Armory Development/Master Development Group at
itsApril 26, 2004, meeting. As discussed at the June 21, 2004, work session, Armory Development is
requesting the EDA to transfer the redevelopment contract to a new developer, Foundation Land
Development, LLC, who will construct the same project as previously approved. This resolution transfers the
City Council approvals of the project to Foundation Land Development, LLC.
This resolution states the Council approves the continued development of the property by Foundation Land
Development, LLC and that the development activities will be consistent with the previously approved plans
and be subject to all of the conditions of approval.
Staff does not have any issue with the change in developers and recommends approval of the resolution.
A'I-rACHMENT
· Resolution
· City Attomey Memorandum 07-16-04
MOTION BY ~
" SECOND BY
TO:
RESOLUTION NO. 2004 -
RESOLUTION REAFFIRMING APPROVAL OF REZONING,
COMPREHENSIVE PLAN AMENDMENT, AND
CONCEPT/DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT
FOR
5620 W/NNETKA AVENUE NORTH
PID #05-118-21-32-0007
PLANN/NG CASE 04-06
WHEREAS, on Apdl 26. ',r~O? by Resolution No. 2004-85, the Ciw Council approved,
subject to certain findings and conditions, a request for the re-zoning of that certain real estate
commonly known as 5620 Winnetka Avenue North, PID 805-118-21-32-0007 (the "Property"), along
with a related Comprehensive Plan amendment and concept/development stage planned unit
development plans for the Property;, and
WHEREAS, the aforementioned approvals will allow the construction, in six buildings, of 44
units of housing to be built in rowhouse, two-story rowhouse, and two-story townhome styles as set
forth in Planning Case 04-06; and
WHEREAS, the approvals in Resolution No. 2004-85 were granted with respect to an
application filed by Armory Development/Master Development Group ("Armory"); and
WHEREAS, Armory negotiated with the Economic Development Authority in and for the
City of New Hope (the "EDA") regarding assistance with development of the Property; and
WHEREAS, subsequent to the adoption of Resolution No. 2004-85 and before execution of
a contract with the EDA, Armory determined that it would transfer its development rights in the
Property to an entity known as Foundation Land Development, LLC ("Foundation"); and
WHEREAS, Foundation has indicated that it is willing to take the place of Armory in
developing the Property; and
WHEREAS, Foundation has signed or will sign a Contract for Private Redevelopment with
the EDA (the "Redevelopment Contract"); and
WHEREAS, Foundation has indicated its intent to assign its rights as Redeveloper under the
Redevelopment Contract to New Hope Town Homes,/.,LC ("N'HTH") but to retain the obligations of
the Redeveloper; and
WHEREAS, it is the understanding of the City Council that the EDA has no objection to
such assignment to NHTH; and
WHEREAS, it has been proposed that Foundation and NHTH continue with development of
the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as
follows:
1. That the City Council reaffirms all approvals issued with respect to Planning Case
No. 04-06 by way of Resolution No. 2004-85, subject to all conditions outlined in said resolution.
2. That the City Council approves continued development of the Property. by Foundation
Land Development, LLC and New Hope Town Homes, LLC, including but not limited to finalizing
and implementing Armory Development/Master Development Group's plarw_ ed urfit development
concepts and details for the Property. Such development activities shall be consistent with the
previously-approved general concept plan and develOPment stage plan for the Property and shall
further be subject to all conditions outlined in Resolution 2004-85.
Dated the 26th day of July, 2004.
Don Collier,' Mayor
Attest:
Valerie Leone, City Clerk
2
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING. STE. 201
' BROOKLYN PARK. I~IINNESOTA 55443-1968
TELEPHONE (763) 424-8811 · TELEFA.X (763) 493-5193
e-mail law~'jensen-sondrall.corn
Date:
July 2004
MEMORANDUM
To:
Kirk McDonald
t Community Development Director
From:
City of New Hope
Clarissa M. Klug
(By E-mail)
Re:
Former Frank's Site (Our File # 99.20406)
The City Council approved various requests by applicant Armory Development/Master Development
Group ("Armory") on April 26, 2004, which approvals will allow the construction ofrowhouses and
townhomes on the former Frank's Nursery and Crafts site. After that date, Armory assigned its
development rights for the site to Foundation Land Development, LLC.
City staff is recommending that the EDA adopt a resolution approving a Redevelopment Contract
between the Authority and Foundation. We recommend that the City Council adopt a companion
resolution stating that the Council authorizes Foundation to continue with planned unit development of
this site in place of Armory.
It is our understanding that no plan modifications have been requested by the new redeveloper, and that
Foundation intends to proceed with-finalizing plans for the PUD District on the same timetable prOPosed
by Armory. Accordingly, the proposed Council resolution reaffLrms all past approvals for development
of this site and states the approvals remain subject to all past conditions imposed.
c. Steven Sondrall
P ~A'nOmey',Crn~:Chents~CN~99.,04~c.xn.~ n~ ......
........... '~-~n~n-Me~o to Klrlt re Re~olut~on Ke.a ffir~n$ April 26 APproval.doc
Jim Deanovic got involved in the construction industry by building'~ingle
family homes fi.om 1980 to 1999. He started developing single family lots
in 1991, in addition to building. In 1997 he started developing multi family,
commercial and senior projects, along with single family developments.
During the time he built single family homes for his own company he
was involved with bidding, construction management, and marketing. He
currently is responsible for selecting and structuring land contracts, securing
financing, facilitating the process of city approvals, installing the
improvements, forming partnerships and marketing. He also builds and owns
his own high density units.
Below are a list of projects Jim has developed and or built and a time table
of when they were started and completed.
Single family homes
Olympic Hills 6th Addition
Crown Oaks
Crystal Bay Farms
Thoughbred Meadows
Woodhill
Brie Kessel
ALS Senior
ALS Senior
Edenvale Townhomes
Shenandoah Apts (64 units)
Pennock Place (105 units)
' Chanhassen Family
Elko Golf Course (320 acres)
Farmington Family
Scenic Heights Business
Watertown LLC
Jeffers Pond (350 acres)
Carver Commons (112 acres)
Eagfin ponds (85 acres)
Jeffers Senior'(200 units)
Aquila Senior (128 units )
Inver Grove Single Family
Eagan Senior ( 150-300 units)
Robbinsdale Townhomes
NE Lofts (144 units)
Brookside School ( 54 Lofts )
Southwestern
Suburbs 1980-99
Eden Prairie Minn. 1989
Eden Prairie Minn. 1992
Orono Minn. 1993
Orono Minn. 1993
Independence Minn. 1995
Independence Minn. 1996
Plymouth 1997-00
Eden Prairie 1997-00
Eden Prairie 1997-03
Plymouth 1997-03
Apple Valley 1998-02
Chanhassen 1999-01
Eiko 1999-01
Farmington 1999-02
Eden Prairie 1999-02
Watertown 1997-present
Prior Lake 2001-present
Carver 2001-present
Eagan 2002-present
Prior Lake 2002-present
St Louis Park 2003-present
Inver Grove 2003-present
Eagan 2003-present
Robbinsdale 2004-present
Minneapolis 2004-present
St Louis Park 2004-present
14,000,000
3,500,000
6,400,000
11,500,000
13,500,000
11,900,000
2,700,000
4,500,000
4,500,000
4,500,000
6,000,000
11,000,000
3,500,000
75,000,000
3,100,000
3,200,000
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date: August 4, 2004
Report Date: July 30, 2004
04-22
City of New Hope
City wide
Ordinance No. 04-10, An ordinance amet~ding New IIope Code Section 4-26 regulating
floodplain districts to conform to the National Flood Insurance Program
II.
Request
City staff is requesting that the Planning Commission and City Council approve the attached
ordinance, which amends the New Hope Zoning Code so that it conforms with changes to the
National Flood Insurance Program and maintains New Hope's eligibility for this program.
Zoning Code References
Section 4-2 Rules and Definitions
Section 4-26 Floodplain District
III. Property Specifications
Zoning: All districts
IV. Background
A. The Federal Emergency Management Agency (FEMA) and Minnesota DNR are requiring that the
city of New Hope and all other communities in Hennepin County revise their floodplain ordinances.
The ordinances must be revised as requested by FEMA to comply with the rules and regulations of
the National Flood Insurance Program and maintain the city's eligibility for this program.
V. Petitioner's Comments
This is a reqUest by city staff, necessary due to a requirements set forth by FEMA and the Minnesota
DNR.
VI.
Notification
A public hearing notice was published in the official newspaper regarding this ordinance amendment
on July 29, 2004. The public hearing will be held at the August 9, 2004, City Council meeting. Notices are
not required to be mailed to individual property owners, as the amendment would be applicable in all
zoning districts.
Development or Code Analysis
Planning Case Report 04-22 Page 1 07/30/04
A. City Engineer Comments
Bonestroo and Associates, the city's engineering consultant, has reviewed the amendments
required by FEMA and the Minnesota DNR and provided the following summary of the key
elements of the changes:
The city will adopt the new flood insurance study and rate maps for Hennepin County. Copies
of the study and maps are available at city hall. The study summarizes all of the flood studies in
Hermepin County since the 1970s and provides extensive data regarding flood elevations for each
community in the county.
The floodplain maps for the city of New Hope have not changed since 1981. Therefore no
structures in the city will be affected by the required changes to the Ordinance. While
boundaries in some communities have changed as a result of the studies in Hennepin County, no
changes were made to the maps in New Hope. Since no structures are within the boundaries
established in 1981, no structures in New Hope will be affected by the changes FEMA is requiring
to the Floodplain Ordinance.
The required changes in the Ordinance text include the following:
o Some modifications or additions to the Definitions section of the Ordinance (Section 4-2).
The most significant of these are the Substantial Damage and Substantial Improvements
Definitions.
o Adoption of the new floodplain study and map panels.
o Several required additions and changes to Section 4-26, the Floodplain District. These
changes generally require a higher standard of structural flood-proofing or removal when
structures are altered, repaired or maintained than under previous FEMA rules. FEMA is
attempting to reduce repeated claims from structures in floodplain areas.
The City must hold a public hearing on the proposed changes and adopt them by September
2004. A public hearing on the revised ordinance may be scheduled on the City Council agenda on
August 9 to meet the FEMA deadline for ordinance adoption.
B. City Attorney Comments / Draft Ordinance
The draft ordinance states:
Section 1. Section 4-26(a)(1) "Statement of Purpose" of the New Hope City Code is hereby
amended to read as follows:
(1) Statement of purpose. The purpose of subsection 4-26(a) through 4-26(k) is to ma;mta;m *~.e
~,-,~ ~:_;r.;;;~. ;~ ~;~ ~,T~,;~ ~^~.; ~ ......... Pro ra~~. ply with the rules and
regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59-78, as amended, to maintain the City's eligibility in the National Flood
Insurance Program, and to minimize potential losses due to periodic flooding including loss of
life, loss of property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health, safety and general welfare.
Section 2. Section 4-26(b) "General Provisions" of the New Hope City Code is hereby amended by
amending subsections (1) and (2) to read as follows:
Planning Case Report 04-22 Page 2 07/30/04
(b ) General provisions.
(1) Adoption of Flood Insurance Study and Flood Insurance Rate Map. T!ac F!ze, d T~oo-ar~ce
O~-~ ~/f~ 42~ ~-l~ t~hr n~ ~/k'[ .... 'f-~ ,']~-a,'] 1 ....... ~ 10~1 The Flood Insurance Study,
Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the
Flood Insurance Rate Map panels numbered 27053C0184E, 27053C0192E, 27053C0194E,
27053C0203E, 27053C0211E, and 27053C0213E for the city of New Hope, dated September
2, 2004, as developed by the Federal Emergency Management Agency are hereby adopted
by reference as the official floodplain zoning district map and made a part of this section.
(2) Lands to which ordinance applies. This section shall apply to all lands designated as
floodplain within the jurisdiction of the city. Floodplain areas within New Hope shall
encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH as shown on the
Flood Insurance Rate Map adopted in this Section.
Section 3. Section 4-26(c)(2) "Compliance" of the New Hope City Code is hereby amended to read
as follows:
(2) Compliance. No new structure or land shall hereafter be used and no structure shall be
located, extended, converted, repaired, maintained, or structurally altered without full
compliance with the terms of this Code and other applicable regulations which apply t6 uses
within the jurisdiction of this Code. Within the floodway and flood fringe, all uses not listed
as permitted uses in subsection 4-26(d) shall be prohibited. In addition, a caution is provided
here that:
a. New manufactured homes and replacement manufactured homes are subject to the
general provisions of this Code and specifically subsection 4-26(d).
b. Modifications, repair and maintenance, additions, structural alterations or repair after
damage to existing nonconforming structures and nonconforming uses of structures or
land are regulated by the general provisions of this Code and specifically subsection
4-26(i).
c. As-built elevations for elevated structures must be certified by ground surveys as
stated in subsection 4-26(g)(3) of this Code.
Section 4. Section 4-26(d)(2) "Standards for Floodplain Permitted Use" of the New Hope City
Code is hereby amended by amending subsections (d) and (f) to read as follows:
d. All structures, including accessory structures, additions to existing structures and
manufactured homes, shall be constructed on fill so that the lowest floor, including the
basement floor, ~r f;~rz~ fl~r if ~,ere iz ~ ~azcmen: is at or above the regulatory flood
protection elevation. The finished fill elevation must be no lower than one foot below
the regulatory flood protection elevation and shall extend at such elevation at least 15
feet beyond the limits of the structure constructed thereon.
f. Commercial and manufacturing uses. Accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used by the employees
or the general public shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation if the area would be inundated to a depth and
velocity such that when multiplying the depth (in feet) times velocity (in feet per
Planning Case Report 04-22 Page 3 07/30/04
secon exceeds ur ~ .................................... o ......
~.~.~ for:r f~c~. per zccond upon occurrence of the regional flood.
Section 5. Section 4-26(g) "Administration" of the New Hope City Code is hereby amended by
renumbering subsection (4) as subsection (6) and by amending subsection (1) and adding new
subsections (4) and (5) to read as follows:
(g) Administration.
(1) Permit required. A permit issued by the city shall be secured prior to the construction,
addition, modification, rehabilitation (including normal maintenance and repair) or
alteration of any building or structure or portion thereof; prior to the use or change of use of
a building, structure or land; prior to the construction of a dam, fence, or on-site septic
system; prior to the change or extension of a nonconforming use; prior to the repair of a
structure that has been damaged by flood, fire, tornado, or any other source; and prior to the
placement of fill, excavation of materials or ther~.,.~., ~ ...... ~ w~ ~.~ ~.~,,,~.^~'°~'"'~'~^~ storage of
materials or equipment within the floodplain.
(4) Notifications for Watercourse Alterations. The zoning administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of
Natural Resources prior to the community authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public waters
pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall also be submitted to
the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(5) Notification to FEMA when physical changes increase or decrease the lO0-year flood
elevation. As soon as is practicable, but no later than six (6) months after the date such
supporting information becomes available, the Zoning Administrator shall notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or
scientific data.
Section 6. Section 4-26(h) "Variances" of the New Hope City Code is hereby amended by
amending subsections (1) and (2) and adding new subsections (2)(a), (b) and (c) to read as follows:
(h) Variances.
(1) A variance means a modification of a specific permitted development standard required in
an official control including this Code to allow an alternative development standard not
stated as acceptable in the official control, but only as applied to a particular property for the
purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and
elaborated upon in the city's respective planning and zoning enabling legislation and
Section 4-26 of this Code.
(2) The city council may authorize upon appeal in specific cases such relief or variance from the
terms of this Code as will not be contrary to the public interest and only for those
circumstances such as hardship, practical difficulties or circumstances unique to the
property under consideration, as provided for in the respective enabling legislation for
planning and zoning for cities or counties as appropriate. In the granting of such variance,
the city council shall clearly identify in writing the specific conditions that existed consistent
with the criteria specified in this Code, any other zoning regulations of the city, and the
Planning Case Report 04-22 Page 4 07/30/04
criteria specified in the respective enabling legislation which justified the granting of the
variance. The following additional variance criteria of the Federal Emergency Management
Agency must be satisfied:
a. Variances shall not be issued by the city within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
b. Variances shall only be issued by a community upon (i) showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
c. Variances shall only be issued ~J, po, a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
Section 7. Section 4-26(i) "Nonconformities" of the New Hope City Code is hereby amended to
read as follows:
(i) Nonconformities. A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Code but which is not in conformity with the provisions
of this Code may be continued subject to the following conditions. Historic structures, as
defined in Section 4-2 of this Code, shall be subject to the following provisions in Section 4-
26(i)(1) through (4) of this Code:
Section 8. Section 4-26(i) "Nonconformities" of the New Hope City Code is further amended by
amending subsections (2) and (4) and adding new subsection (5) to read as follows:
(2) A structural alteration within the inside dimensions of a nonconforming use or structure is
permissible provided it utilizes flood resistant materials so as not to result in increasing
the flood damage potential of that use or structure. A structural addition to a structure must
be elevated to the regulatory flood protection elevation in accordance with Section 4-2 of
this Code.
(3) The cost of all structural alterations or additions both inside and outside of a structure to
any nonconforming structure over the life of the st~'ucture shall not exceed 50 p~rcent of the
market value of the structure unless the conditions of this Code are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the city's initial
floodplain controls must be calculated into today's current cost which will include all costs
such as construction materials and a reasonable cost placed on all manpower or labor. If the
current cost of all previous and proposed alterations and additions exceeds 50 percent of the
current market value of the structure, then the structure must meet the standards of
subsection 4-26(d) of this Code for new structures.
(4) If any nonconforming use of a structure or land or nonconforming structure is
,~m.~ of ~;mac~o~ substantially damaged, as defined by Section 4-2 of this Code, it shall
not be reconstructed except in conformity with the provisions of this Code. The city may
issue a permit for reconstruction if the use is located outside the floodway and, upon
reconstruction, is adequately elevated on fill in conformity with the provisions of this Code.
Planning Case Report 04-22 Page 5 07/30/04
If a substantial improvement occurs, as defined in Section 4-2 of this Code, from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of
an existing nonconforming building, then the building addition, as required by Section (i)(2)
above, and the existing nonconforming building must meet th, e requirements of this Code for
new structures, depending upon whether the structure is in the floodway or flood fringe,
respectively.
Section 9. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by
amending "Floodplain" and "Recreational Vehicle" and adding new definitions of "Lowest
Floor", "Manufactured Home", "Substantial Damage" and "Substantial Improvement" to read as
follows:
Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas
within New Hope shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone
AH on the flood insurance rate map adopted in Section 4-26(b)(1) of this Code.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
Manufactured Home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include the term
"recreational vehicle."
Recreational vehicle means a vehicle that is built on a single chassis, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel or
seasonal use. For the purposes of this Code, the term recreational vehicle shall be synonymous
with the term travel trailer/travel vehicle.
Substantial Damage means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial Improvement means within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures
that have incurred "substantial damage," regardless of the actual repair work performed. The
term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an ''historic structure." For the purpose of this
Ordinance, ''historic structure" shall be defined in the Code of Federal Regulations, Part
59.1.
Planning Case Report 04-22 Page 6 07/30/04
VIII. Codes and Standards Committee
Staff and the Codes and Standards Committee have not reviewed this ordinance given the time
constraints in making the required amendments and the simple nature of changes.
Attachments:
Draft Ordinance 04-10
City Attorney Correspondence (07/29/04)
Bonestroo and Associates Correspondence (07/20/04)
FEMA Correspondence (05/28/04)
Planning Case Report 04-22
Page 7
0~3~04
ORDINANCE NO. 04 - 10 -
AN ORDINANCE AMENDING NEW HOPE CODE SECTION 4-26
REGULATING FLOODPLAIN DISTRICTS TO CONFORM
TO THE NATIONAL FLOOD INSURANCE PROGRAM
The City Council of the City of New Hope ordains:
Section 1. Section 4-26(a)(1) "Statement of Purpose" of the New Hope City Code is hereby
amended to read as follows:
(1)
Statement of purpose. The purpose of subsection 4-26(a) through 4-26(k) is to
the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations .Parts 59-78, as amended, to maintain the City's
eligibility in the National Flood Insurance Program, and to minimize potential
losses due to periodic flooding including loss of life, loss of property, health and
safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety and general welfare.
Section 2. Section 4-26(b) "General ProvisiOns" of the New Hope City Code is hereby
amended by amending subsections (1) and (2) to read as follows:
(b)
General provisions.
(1) Adoption of Flood Insurance Study and Flood Insurance Rate Map. :r-he-Flood
Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota,
All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0184
E, 27053C0192 E, 27053C0194 E, 27053C0203 E, 27053C0211 E, and 27053C
E0213 for the City of New Hope, dated September 2, 2004, as developed by the
Federal Emergency Management Agency are hereby adopted by reference as the
official floodplain zoning district map and made a part of this section.
(2) Lands to which ordinance applies. This section shall apply to all lands designated as
floodplain within the jurisdiction of the city. Floodplain areas within NewHope shall
encompass all areas designated as Zone `4, Zone `4E, Zone .40, or Zone .4H as
shown on the Flood Insurance Rate Map adopted in this Section.
Section 3. Section 4-26(c)(2) "Compliance" of the New Hope City Code is hereby amended
to read as follows:
(2)
Compliance. No new structure or land shall hereafter be used and no structure shall be
located, extended, converted, repaired, maintained, or structurally altered without full
compliance with the terms of this Code and other applicable regulations which apply to
uses within the jurisdiction of this Code. Within the floodway and flood fi-inge, all uses
not listed as permitted uses in subsection 4-26(d) shall be prohibited. In addition, a
caution is provided here that:
a. New manufactured homes and replacement manufactured homes are subject to
the general provisions of this Code and specifically subsection 4-26(d).
b. Modifications, repair and maintenance, additions, structural alterations or
repair after damage to existing nonconforming structures and nonconforming
uses of structures or land are regulated by the general provisions of this Code
and specifically subsection 4-26(i).
c. As-built elevations for elevated structures must be certified by ground surveys
as stated in subsection 4-26(g)(3) of this Code.
Section 4. Section 4-26(d)(2) "Standards for Floodplain Permitted Use" of the New Hope
City Code'is hereby amended by amending subsections (d) and (f) to read as follows:
All structures, including accessory structures, additions to existing structures
and manufactured homes, shall be constructed on fill so that the lowest floor,
luding ^~ ~"~* ~^~ ....a ........ nt is at or
inc the basement floor ............. if **'~-~...,.,. ? - ~- .....
above the regulatory flood protection elevation. The finished fill elevation must
be no lower than one foot below the regulatory flood protection elevation and
shall extend at such elevation at least 15 feet beyond the limits of the structure
constructed thereon.
Commercial and manufacturing uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower than the regulatory
flood protection elevation. However, a permit for such facilities to be used by
the employees or the general public shall not be granted in the absence of a
flood warning system that provides adequate time for evacuation if the area
would be inundated to a depth and velocity such that when multiplying the
depth (in feeO times velocity (in feetper second) exceeds four (4) ~
r:,- ............... v ........,.u on
occurrence of the regional flood.
Section 5. Section 4-26(g) "Administration" of the New Hope City Code is hereby amended
by renumbering subsection (4) as subsection (6) and by amending subsection (1) and adding new
subsections (4) and (5) to read as follows:
(g)
Administration.
(1) Permit required. A permit issued by the city shall be secured prior to the construction,
addition, modification, rehabilitation (including normal maintenance and repair) or
alteration of any building or structure orportion thereof, prior to the use or change of use of
a building, structure or land; prior to the construction of a dam, fence, or on-site septic
system; prior to the change or extension of a nonconforming use; prior to the repair of a
structure that has been damaged byflood, fire, tornado, or any other source; and prior to
the placement of fill, excavation of materials or the placemcr2 cf an obr.~.:ction storage of
materials or equipment within the floodplain.
(4) Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of
2
I
Natural Resources prior to the community authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public waters
pursuant to Minnesota Statute, Chapter 103G, this shah suffice as adequate notice to the
Commissioner of Natural Resources. ,4 copy of said notification shall also be submitted to
the Chicago Regional Office of the Federal Emergency Management ,4gency (FEM,4).
(5) Notification to FEM,4 tFhen Physical Changes Increase or Decrease the l O0-year
Flood Elevation. ,4s soon as is practicable, but no later than six (6) months after the date
such supporting information becomes available, the Zoning ,4dministrator shall notify the
Chicago Regional Office of FEM,4 of the changes by submitting a copy of said technical
or scientific data.
Section 6. Section 4-26(h) "Variances" of the New Hope City Code is hereby amended by
amending subsections (1) and (2) and adding new subsections (2)(a), (b) and (c) to read as follows:
Variances.
(1) A variance means a modification of a specific permitted development standard
required in an official control including this Code to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a particular
property for the purpose of alleviating a hardship, practical difficulty or unique circumstance
as defined and elaborated upon in the city's respective planning and zoning enabling
legislation and Section 4-26 of this Code.
(2) The city council may authorize upon appeal in specific cases such relief or variance
from the terms of this Code as will not be contrary to the public interest and only for those
circumstances such as hardship, practical difficulties or circumstances unique to the property
under consideration, as provided for in the respective enabling legislation for planning and
zoning for cities or counties as appropriate. In the granting of such variance, the city council
shall clearly identify in writing the specific conditions that existed consistent with the criteria
specified in this Code, any other zoning regulations of the City, and the criteria specified in
the respective enabling legislation which justified the granting of the variance. The
following additional variance criteria of the Federal Emergency Management ,4gency
must be satisfied:
a. Variances shall not be issued by the City within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
b. Variances shall only be issued by a community upon (i) showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that
the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the variances the
minimum necessary, considering the flood hazard, to afford relief.
Section 7. Section 4-26(i) "Nonconformities" of the New Hope City Code is hereby amended
to read as follows:
(i) Nonconformities, A structure or the use of a structure or premises which was lawful before the
passage or amendment of this Code but which is not in conformity with the provisions of this Code
may be continued subject to the following conditions. Historic structures, as defined in Section 4-2
of this Code, shall be subject to the following provisions in Section 4-26(0(1) through (4) of this
Code:
Section 8. Section 4-26(i) "Nonconformities" of the New Hope City Code is fimher
amended by amending subsections (2) and (4) and adding new subsection (5) to read as follows:
(2) A structural alteration within the inside dimensions of a nonconforming use or structure is
permissible provided it utilizes flood resistant materials so as not to result in increasing the
flood damage potential of that use or structure. /l structural addition to a structure must be
elevated to the regulatory flood protection elevation in accordance with Section 4-2 of this
Code.
(3) The cost of all structural alterations or additions both inside and outside of a structure to
any nonconforming structure over the life of the structure shall not exceed 50 percent of the
market value of the structure unless the conditions of this Code are satisfied. The cost of all
structural alterations andadditions constructed since the adoption of the city's initial floodplain
controls must be calculated into today's current cost which will include all costs such as
construction materials and a reasonable cost placed on all manpower or labor. If the current cost
of all previous and proposed alterations and additions exceeds 50 percent of the current market
value of the structure, then the structure must meet the standards of subsection 4-26(d) of this
Code for new structures.
(4) If any nonconforming use of a structure or land or nonconforming structure is destr-oyed4~y
destmc-t4o~ substantially damaged, as defined by Section 4-2 of this Code, it shall not be
reconstructed except in conformity with the provisions of this Code. The city may issue a permit
for reconstruction if the use is located outside the floodway and, upon reconstruction, is
adequately elevated on fill in conformity with the provisions of this Code.
(5) Ifa substantial improvement occurs, as defined in Section 4-2 of this Code, from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an
existing nonconforming building, then the building addition, as required by Section (0(2)
above, and the existing nonconforming building must meet the requirements of this Code for
new structures, depending upon whether the structure is in the floodway or flood fringe,
respectively.
Section 9. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by
amending "Floodplain" and "Recreational Vehicle" and adding new definitions of"Lowest Floor",
"Manufactured Home", "Substantial Damage" and" ' "
Substantial Improvement to read as follows:
Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas
within New Hope shall encompass all areas designated as Zone A, Zone/lE, Zone~lO, orZone
~IH on the flood insurance rate map adopted in Section 4-26(b)(1) of this Code.
4
Lowest Floor means the lowest fioor of the lowest enclosed area (including basement).
Manufactured Home means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include the term
"recreational vehicle. '
Recreational vehicle means a vehicle that is built on a single chassis, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for use
as a permanent dwelling but as temporary living quarters for recreational, camping, travel or
seasonal use. For the purposes of this Code, the term recreational vehicle shall be
synonymous with the term travel trailer/travel vehicle.
Substantial Damage means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
Substantial Improvement means within any consecutive 365-dayperiod, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition or
other improvement of a structure, the cost of which equals or exceeds 50percent of the market
value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage,' regardless of the actual repair
work performed. The term does not, however, include either:
(a) ~lny project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions.
(b) ~4ny alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For the purpose
of this Ordinance, "historic structure" shall be defined in the Code of Federal
Regulations, Part 59.1.
Section 10. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the __ day of ., 2004.
Don Collier, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the ~ day of
P:',ATTORNEY~CNH ORDINANCES\99.80410-ORD 04-10 RE FLOODPLAIN DISTRICTS.DOC
,2004.)
6
DOUGLAS J. DEBNERz
GORDON L. JENSEN~
CLARISSA M. KLUG
GLEN A. NORTON
STEVEN Ao SONDRALL
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
~Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
:Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law~j ensen-sondrall.com
Writer's Direct Dial No.: (763) 201-0211
e-malt sas~/ensen-sondrall, com
July 29, 2004
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Via E-Mail to kmcdonald~ci, new-hope, mn. us
And
By Regular U.S. Mail
Re: 2004 Amendments to Floodplain District Regulations - New Hope Code Section 4-26
Our File No.: 99.80410
Dear Kirk:
Please find enclosed for consideration at the August Planning Commission meeting proposed
Ordinance No. 04-10, An Ordinance Amending New Hope Code Section 4-26 Regulating
Floodplain Districts to Conform to the National Flood Insurance Program.
As you know, this Ordinance is generated by changes to the National Flood Insurance Program. In
order to maintain our eligibility for this program, the Federal Emergency Management Agency
(FEMA) and the Minnesota DNR require that the amendments proposed in Ordinance No. 04-10 be
adopted and incorporated into New Hope Code Section 4-26.
The purpose behind the changes is set forth in the July 20, 2004 memo from Sherd Bus of the City
Engineer's office. Please contact me if you have any questions or requested modifications to the
enclosed Ordinance.
Very truly yours,
Steven A. Sondrall
Enclosure
P:~Attorne)~SAS\ 1 Client Files~2 City of New HopeX99-80410\001 -Kirk Ltr. doc
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. · Marvin L. Sorvala, P.E. · Glenn R. Cook, P.E. · Robert G.
Schunicht, P.E. · Jerry A. Bourdon, P.E. · Mark A. Hanson, P.E
Senior Consultants: Robert W. Rosene, P.E. · Joseph C. Andedik, P.E. · Richard E. Turner,
P.E. · Susan M. Ebedin, C.P.A.
Associate Principals: Keith A. Gordon, P.E. · Robert R. Pfefferle, P.E. · Richard W. Foster,
P.E. · David O. Loskota, P,E.. · Michael T. Rautrnann, P.E. · Ted K. Field, P.E. · Kenneth P.
Anderson, P.E. · Mark R. Rolfs, P.E. · David A. Bonestroo, M.B.A. · Sidney P, Williamson, P.E.,
L.S. · Agnes M. Ring, M.B.A. · Allan Rick Schmidt, P.E. · Thomas W, Peterson, P.E. · James R.
Maland, P.E. · Miles B. Jensen, P,E. · L. Phillip Gravel III, P.E. · Daniel J. Edgerton, P,E. ·
Ismael Martinez, P.E, · Thomas A. Syfl(o, P.E. · Sheldon J. Johnson · Dale A. Grove, P.E. ·
Thomas A. Roushar, P.E. · Robert J. Devery, P.E.
Offices: St. Paul, St. Cloud, Rochester and Willmar, MN · Milwaukee, WI · Chicago, IL
Website: www.bonestroo.com
Date:
To:
From:
Subject:
July 20, 2004
Kirk McDonald, Community Development Director, City o£New Hope
Cc: Vince Vander Top, Bonestroo & Associates
Sherri Buss, Bonestroo & Associates
Revised Floodplain Ordinance
The Federal Emergency Management Agency (FEMA) and Minnesota DNR are requiring that
the City of New Hope and all other communities in Hennepin County revise their floodplain
ordinances. The ordinances must be revised as requested by FEMA to comply with the rules and
regulations of the National Flood Insurance Program, and maintain the City's eligibility for this
program. Attached is a.copy of the revised New Hope ordinance, including the changes required
by FEMA and the DNR.
Key elements of the revisions to the Ordinance include the following:
The City will adopt the new flood insurance study and rate maps for Hennepin
County. A copy of the study and maps are available at City hall. The study summarizes
all of the flood studies in Hennepin County since the 1970's, and provides extensive data
regarding flood elevations for each community in the County.
The floodplain maps for the City of new Hope have not changed since 1981.
Therefore no structures in the City will be affected by the required changes to the
Ordinance. While boundaries in some communities have changed as a result of the
studies in Hennepin County, no changes were made to the maps in New Hope. Since no
structures are within the boundaries established in 1981, no structures in New Hope will
be affected by the changes FEMA is requiting to the Floodplain Ordinance.
The required changes in the Ordinance text include the following:
o Some modifications or additions to the Definitions section of the Ordinance
(Section 4-2). The most significant of these are the Substantial Damage and
Substantial Improvements Definitions.
o Adoption of the new floodplain study and map panels.
o Several required additions and changes to Section 4-26, the Floodplain District.
These changes generally require a higher standard of structural flood-proofing or
removal when structures are altered, repaired or maintained than under previous
FEMA rules. FEMA is attempting to reduce repeated claims from structures in
floodplain areas.
The City must hold a public hearing on the proposed changes and adopt them by
September, 2004. A public heating on the revised ordinance may be scheduled on the
City Council agenda on August 9 to meet the FEMA deadline for ordinance adoption.
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 ° Fax: 651-636-1311
'
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
FEMA
CERT]2FIED MAIL
RETURN RECEIPT REQUESTED
The Honorable W. Peter Enck
Mayor of the City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428-4898
Dear Mayor Enck:
We appreciate and commend you for the efforts put forth in implementing your community's
floodplain management measures. We would like to take this opportunity to remind you that:
a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed
for your community;
the FIS and FIRM will become effective on September 2, 2004; and
by that date, our Regional Office staffwill have to approve the legally enforceable floodplain
management measures your community adopts in accordance with Section 44 CFR 60.3(d).
Your community should use the Preliminary and/or Revised Preliminary copies of the FIRM as the
basis for adopting the required floodplain management measures. Final printed copies of the FIRM
for your community will be sent to you within the next few months.
If you should encounter difficulties in enacting the measures, I recommend that you call the
Minnesota Floodplain Management Program in the Minnesota Department of Natural Resources -
Waters. You may reach Ogbazghi Slum, P.E., the National Flood Insurance Program (NFIP) State
Coordinator, at (651) 296-0444, or by mail at the Minnesota Department of Natural Resources -
Waters, 500 Lafayette Road, St. Paul, Minnesota 55155-4032, or by e-mail at
o gbaz ghi. sium~dnr, state, mn.us.
Our Regional Office staff is also available to provide technical assistance and guidance in the
development of floodplain management measures. The adoption of compliant floodplain
manageinent measures will provide protection for your community and will ensure participation in
the NFIP. The address of the Regional Office is Federal Emergency Management Agency (FEMA),
Federal Insurance and Mitigation Division, 536 South Clark Street, Sixth Floor, Chicago, Illinois
60605. The Director, Federal Insurance and Mitigation Division, FEMA in Chicago, Illinois, can be
reached at (312) 408-5548.
www. fema.gov
The Honorable W. Peter Enck
Page 2
I realize that you may have already contacted the NFIP State Coordinator or our Regional Office and
may now be in the final adoption process, or you may have recently adopted the appropriate
measures. If you have not done so, please consider this a formal reminder that you have three
months left in which to adopt the appropriate floodplain management measures, and have them
approved by our Regional Office staff. Your community's adopted measures will be reviewed upon
receipt, and our Regional Office will notify you when .your measures are approved.
I encourage you to submit your community's floodplain management measures and have them
approved by our regional staff by the effective date to avoid suspension from the NFIP.
Sincerely,
Anthony S. Lowe
Director
Mitigation Division
Emergency Preparedness
and Response Directorate
AL:bl
Enclosure
cc: Mr. Mark Hansen, citY of New Hope Engineer
Mr. Vincent R. Parisi, FEMA, Region V
NFIP State Coordinator
Memorandum
To:
From:
Date:
Subject:
Planning Commission
Kirk McDonald, Director of Community Development
July 29, 2004
Resolution finding that the increase in geographic area to Redevelopment Project No. 1 is
consistent with the comprehensive land use plan of the city of New Hope
REQUEST
Staff is requesting that the Planning Commission approve a motion approving the attached resolution
finding that the increase in geographic area to Redevelopment Project No. 1 is consistent with the
comprehensive land use plan of the city of New Hope.
POLICY/PAST PRACTICE
In the past, the City Council and Economic Development Authority (EDA) have conducted public
hearings to create new or amend existing Tax Increment Financing Plans/Districts for development and
redevelopment purposes. The Planning Commission has been requested to approve resolutions in the
past on these modifications. The last modification resolution that the Commission considered was at the
September 2002 Planning Commission meeting and that modification related to the Navarre/Ahrens
Trucking projects.
BACKGROUND
As you are aware, the New Hope City Council and EDA are coordinating with Project for Pride in Living
(PPL) on the development of the city-owned site at 5501 Boone Avenue. The majority of the Planning
Commission recommended approval of the project at the July 13, 2004, meeting. The project involves the
construction of a four-story, 35-unit apartment building and a three-story, 41-unit condominium
building, both with underground parking facilities. The majority of the City Council approved the.PPL
planning application at the July 26, 2004, Council meeting.
Due to the poor soil conditions on the site, the property has never been developed. The City Council and
EDA are in the process of modifying/enlarging the city's tax increment financing redevelopment project
area to add the 5501 Boone Avenue parcel to the tax increment district so that the city can provide tax
increment assistance to the project for pilings for both buildings. A public hearing is scheduled on this
issue at the August 23, 2004, City Council meeting. One of the steps in this process is to present the
information to the Planning Commission and have the Commission approve a resolution stating that the
increase in geographic area is consistent with the comprehensive land use plan of the city. The planning
consultant has prepared the attached memorandum explaining how this project is consistent with the
Comprehensive Plan.
The resolution states that the city and EDA are proposing enlargement of the redevelopment project area
by modifying its geographic boundaries. The additional property proposed to be added to the project
area is the city-owned parcel at 5501 Boone Avenue and is illustrated on the attached map. The
resolution states that the Planning Commission has reviewed the modification and has determined its
consistency to the overall comprehensive land use plan of the city.
Attachments:
· Resolution
· Correspondence
· Map
· NAC Memo
RESOLUTION FINDING THAT THE INCREASE IN GEOGRAPHIC AREA
TO REDEVELOPMENT PROJECT NO. 1
IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
OF THE CITY OF NEW HOPE
WHEREAS, the New Hope Economic Development Authority (the "EDA") and
the City of New Hope (the "City") are proposing the enlargement of Redevelopment
Project No. I (the "Project Area") by modifying its geographic boundaries and to
amend the Restated Redevelopment Plan (the "Plan") relating thereto, pursuant to
Minnesota Statutes, Sections 469.001 to 469.047, 469.124 to 469.134. 469.090 to
469.108 and 469.174 to 469.1791, inclusive, as amended and supplemented from
time to time, and
WHEREAS, the additional property proposed to be added to the Project Area is
described on the attached Exhibit A and illustrated on the attached Exhibit B, and
WHEREAS, the Planning Commission has reviewed said modification to the
Plan and Project Area, and has determined its consistency to the overall
comprehensive land use plan of the City.
NOW THEREFORE, BE IT RESOLVED BY THE NEW HOPE PLANNING
COMMISSION that the adoption of the modification to the Plan for the Project Area is
consistent with the City's comprehensive land use plan.
Adopted this day of ,2004
Chairman
ATTEST:
G:\WPDATA\N\NEW HOPE\21\TIF\PLANNING COMMISSION RESOLUTION.DOC
KRASS MONROE,
ATTORNEYS AT
Mary E. Molzahn
Email rna~ym~b'assmonroe, com
Voice Mail (952) 885-4382
P.A.
LAW
MEMORANDUM
From:
Date:
Re:
City of New Hope
Attn: Amy Baldwin
Mary E. Molzahn, Sr. Development Analyst
July 8, 2004
TIF District #04-2/PPL
Our File No. 10048-21
Enclosed please find a copy of the Planning Commission resolution and attached
exhibits for its--Juty-t3th meeting. Upon adoption of the resolution, we would appreciate
receiving one executed copy for our files. If you have any 'questions, please give a call.
G:\WPDATA~I~NEVV HOPEA21\COR~BALDWlN MEM 1.DOC
8000 NORMAN CENTER DRIVE · SUITE 1000 · BLOOMINGTON, MINNESOTA 55437
TELEPHONE 952/885-5999 · FACSIMILE 952/885-5969
www. krassmonroe.com
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including adjacent streets and rights-of-way
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
· %';:~ TeleDhone: 952;595.9636 Facsimile: 952.595.9837 Dlanners@naclolamning.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Alan Bdxius
July 21, 2004
New Hope - PPL Comprehensive Plan Amendment, Rezoning
131.01 - 04.17
BACKGROUND
At the July Planning Commission, there were questions raised as to whether a change
in land use for the property located at 5501 Boone. Avenue North from industrial to
residential was consistent with the City's Comprehensive Plan. Following the Planning
Commission meeting, it was requested that we investigate this issue and provide
analysis. The following offers some insight as to how this area is a
geographic basis as well as a "oil--,. ~---: ......... ddressed, both on a
~ ,.,y u,~ m [ne New mope (-;omprehensive Plan.
ISSUES ANALYSIS
Planning Tactics. At the initiation of the Comprehensive Plan update, we conducted
what was termed "Planning Tactics" that involved interviews with City Council members,
Planning Commission members, and City staff to identify community issues that needed
to be addressed as part of the comprehensive planning process. The first part of the
plan document included the identification of these issues. The City was divided into
planning districts to allow the City to examine each portion of the community and
identify issues that are geographically specific to those areas.
The site in question lies within Planning District 5, as identified in the Tactics summary.
On page 29 of the Tactics summary, Districts 5 through 9 issues were identified. This
page specifically identified: "Question has arisen with regard to the future land use of
industrially zoned land along Boone Avenue between Research Center Road and
Science Center Road. Past requests have been considered for a land use that
complements the North Ridge Senior Housing and Care facility."
This specific issues challenges the current industrial land use and indicates that an
alternative land use that would be complementary and compatible with the North Ridge
high density residential land use would be appropriate.
Comprehensive Plan - Planning Districts. As the City moved through its
comprehensive planning process, they determined that would consolidate a number of
land use districts to reduce the number of planning districts. As a result, the site located
at 5501 Boone Avenue fell within Planning District 3. On page 55 of the
Comprehensive Plan, recommendations for Planning District 3 includes:
"2.
Within Distdct 3, a vacant site located along Boone Avenue is
recommended for a change in land use from industrial to residential
in order to accommodate a senior center. The senior center is
intended to be complementary to the eidedy housing care facilities
in northern New Hope."
This recommendation specifically identified a change from industrial to residential. At
the time, the City was looking at a senior center which did not proceed to development.
The proposed uses, both apartments and condominiums, are residential in nature and
are consistent with the high density residential land uses east of Boone and would fall
within the land use classification that was suggested by the Comprehensive Plan
Planning District 3.
Policy Plan. Pages 12 and 13 of the Policy Plan outlined the residential goals and
policies of the City of New Hope.
Goal 1: Provide a variety of housing types, styles and choices that meets the
needs of New Hope's changing demographics. In this respect, the policies that support
that goal include:
Through infill development and redevelopment efforts, increase life cycle housing
opportunities not currently available in the City. High value housing and
townhomes are given as examples.
Promote medium density attached housing to address the needs of expanding
empty nester or independent living eldedy population.
Continue efforts to provide special need housing for people of various types of
disabilities.
Goal 3: Promote multiple family housing alternatives as attractive life cycle
housing option.
Redevelop substandard multiple family properties that display deteriorated
building conditions, no site amenities, poor site design, or incompatible land use
patterns when it is judged not economically feasible to correct the deficiencies.
Adhere to the highest community design and construction standards for new
construction and redevelopment projects.
Accompany medium and high density development with adequate accessory
amenities such as garages, parking, open space, landscaping, recreational
facilities to insure safe, functional and desirable living environments.
Consider mixed use an alternative land use option in planning redevelopment or
obsolete commercial or industrial sites.
Encourage neighborliness through block clubs, block parties, or neighbor support
associations.
The state residential goals of the community indicate that the City desires to provide a
variety of housing types and choices to meet the changing demographics and to utilize
multiple family alternatives as attractive, life cycle housing options. The project, as
presented to Planning Commission, indicated that the buildings would of a high
architectural character, include underground parking, open space and landscape
features, as well as recreational components that would serve the population living at
that premises. In this respect, it would appear that the proposed PPL development,
from a land use perspective, does embrace the policies of the Comprehensive Plan.
Medium and High Density Residential General Land Use Description. Pages 38
through 41 provide the general description as to how medium and high density
residential land uses are intended to be addressed within the City of New Hope. This
section addresses or identifies a number of target areas for redevelopment, but does
not give a specific recommendation for the 5501 Boone Avenue property.
Page 41 identifies housing needs. Basically, in reference to the 1997 Life Cycle
Housing Study for the Year 2010 identifies the following housing needs for the
community:
Higher value move up housing. Due to lack of vacant land supply in New Hope'
this housing must be met through continued maintenance and upgrade and
modernization of existing single family housing stock. The City may also look to
satisfy the housing needs with the redevelopment of blighted sites which may
have amenities that would be attractive to higher value medium and high density
housing options.
Owner occupied or rental attached housing. Life cycle housing study identified
the need for attached housing, townhomes, twinhomes, cooperative apartments
that offer Iow maintenance independent housing opportunities. These types of
housing opportunities are attractive to empty nesters or older residents wishing to
live in New Hope.
Affordable rental. The housing study identified a need for additional affordable
rental units before 2010. Due to the City's extensive rental housing supply, these
units can be provided through rental assistance certificates for use within existing
rental units.
Special housing needs. New Hope has made special efforts to provide housing
for people with special needs such as eldedy and disabled. New Hope will
continue to expand this special needs housing stock as opportunities present
themselves.
In comparing the PPL project with the housing needs descriptions of Page 41 of the
Comprehensive Plan, it indicates that PPL is proposing to provide owner occupied and
rental attached housing opportunities that do not exist within the community. The
proposed condominium and the apartment projects will be new housing stock, built of
quality design and market rate rents.
Related to affordable housing, in conversation with PPL, they indicated that they would
pursue rental assistance through Section 8 Housing and as such, the certificates that
.would have approximately seven to eight housing units that would be affordable to Iow
and moderate income households. The balance of the apartments would be market
rate rental.
CONCLUSION
From the Tactics to the completion of the Comprehensive Plan, the project site at 5501
Boone Avenue was identified as a site for potential change in land use from industrial to
residential. The PPL project, which proposes a combination of condominiums and
apartments, fall within the high density residential land use classification which is
consistent with the surrounding properties to the east and north.
The proposed development, as laid out, offers both owner occupied and rental units.
These types of alternative housing options were identified in the Comprehensive Plan
the life cycle housing study as being needed within the community. Concern has been
expressed with being affordable to Iow or moderate income households. PPL has
indicated that only seven to eight units within the apartment complex would be eligible
for Section 8 rental vouchers.
Other than these apartments, the balance of the units will be market rental rates
consistent with other successful apartment complexes in New Hope. The condominium
units are consistent with the City's recommendation for alternative owner-occupied
housing choices that offer Iow maintenance, independent living opportunities. These
units should be attractive to first time homebuyers as well as empty nesters and older
4
residents who wish to still live in New Hope. In this respect, from a land use
perspective, the requested Comprehensive Plan and rezoning appear to be consistent
with the land use goals and policies of the City.
Planning Commission
Kirk McDonald, Director of Community Development
July 30, 2004
Miscellaneous Issues
The purpose of this miscellaneous issues memo is to provide commissioners with additional
on Council/EDA/HRA actions on Community Development related issues or other city projects.
required reading and is optional information provided for your review, at your discretion.
July 26 Council/EDA Meetings - At the July 26 Council/EDA meetings, the Council/EDA took
action on the following planning/development/housing issues:
· Project #724, Resolution calling for a public hearing on the modification of the restated
redevelopment plan for redevelopment project no. 1; modification of the TIF plans for TIF
districts nos. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (special law), 04-1 (special law) and
04-2: Approved, see attached Council request. This is for the potential Ryland Phase 3
expansion.
· Project #733, Resolution reaffirming approval of rezoning, comprehensive plan amendment,
and concept/development stage PUD for 5620 Winnetka Avenue: Approved, see attached
Council request.
· Project #751, Resolution awarding city of New Hope contract for excavation and sanitary
sewer services to Belair Excavating in the low quote amount: Approved, see attached
Council request.
· Resolution calling for a public hearing to take and consider testimony relating to
determination as a hazardous/dangerous buildlr~g of apartment complex at 8113 Bass Lake
Road: Approved, see attached Council request.
· Ordinance 04-07, An ordinance amending the New Hope Zoning Code relating to setbacks,
antenna height, parking requirements, commercial and industrial fences and access to
commercial recreational facilities: Adopted as recommended by the Planning Commission.
· Ordinance 04-08, An ordinance amending the New Hope Sign Code regulating political and
noncommercial signs: Adopted as recommended by the Planning Commission.
· Project #775, Motion authorizing staff to negotiate the potential purchase of property
located at 5207 Pennsylvania Avenue: Authorized negotiating with property owner.
· Public Hearing - Resolution authorizing the vacation of a portion of a drainage and
easement located within Lot 1, Block 1, Minnesota Sun Addition (PC04-04): Approved,
attached Council request.
· Public Hearing - Resolution giving preliminary, approval to a project under Minne~
Statutes, Sections 469.152 - 469.165 referring the proposal to the MN DEED for
and authorizing preparation of necessary documents and resolution approving the '
of sale of a health care facilities revenue note, series 2004 (People Inc.
ag~egate amount of $713,000 and authorizing the execution of documents relatin
Approved, see attached Council request..
· PC04-14, Request for preliminary plat approval, conditional use permit for outside
in excess of 20 percent of the gross floor area, conditional use permit for a 10-foot
site/building plan review, 8501 54th Avenue North: Approved as recommended by
Planning Commission. The applicant submitted revised plans, which are attached.
· PC04-17, Request for Comprehensive Plan rezonin
site/building plan review, and preliminary plat approval, 5501 Boone Avenue:
recommended by the Planning Commission.
· Discussion regarding 5300 Winnetka Avenue and motion authorizing appraisal of
Council did not take any action on this item.
· PC04-03, Request for final plat approval for property_ to be known as Hillside
and Ensign Avenues: Approved, see attached Council request.
· Project #774, Presentati~ motion acce
the feasibility, report: Accepted report, see attached Council request.
· Project #771, Resolution accepting petition for public improvement and
agreement and ordering project (Hillside Terrace infrastructure): Council delayed
until August 9 meeting.
· Project #771, Resolution awarding contract for the construction of Hillside
infrastructure: Council delayed action until August 9 meeting.
· Ordinance 04-08 (PC04-16), An ordinance amending the New Hope Code by
special event permit for computer gaming centers, 4311 Winnetka Avenue:
recommended by the Planning Commission.
· Project #764, Resolution approving purchase agreement and relocation benefits for
Sumter Avenue: Approved, see attached EDA request.
· Project #762, Resolution approving purchase agreement and relocation benefits for
Winnetka Avenue: Approved, see attached EDA request.
· Project #733, Resolution authorizing execution and delivery of a contract for
redevelopment by and between the New Hope EDA and Foundation Land Deveh
LLC for the redevelopment of the former Frank's Nursery property_ at 5620
Avenue: Approved, see attached EDA request.
· Project #751, Resolution authorizing approval of a term sheet between the New Ho'
and Ryland Homes for Phase III of the Winnetka Green Redevelopment: Approved,
attached EDA request.
· Discussion regarding concept development proposal by Ryland Homes for ci_ty-owned
property north of C.P. Railroad; motion authorizing appraisal of property.: Council delayed
discussion until August 9 meeting.
Codes and Standards Committee - The Codes and Standards Committee did not meet in July.
The Committee will continue to discuss adjustments to the Zoning Code to address living space
above garage's/other side yard additions, transit shelters and screening requirements in the future.
Design and Review Committee - The Design and Review Committee did not meet in July. The
deadline for the September Planning Commission meeting is August 13. It is anticipated that
several applications may be filed, including:
· Fence height variance
· Others?
Future Applications - Future apphcations or businesses that staff is currently working with
include:
1. 8813 Bass Lake Road - new construction 6-unit building
2. Restaurant and office condo project, 42"a and Quebec - on hold
3. 4301/4317 Nevada - six housing units
4. Collisys - amend CUP
5. Paddock Laboratories expansion
6. YMCA addition
7. Waymouth Farms expansion
8. Dakota Growers (Creamettes) expansion
City Center Task Force Update - In April the Council directed staff to focus on the potential
relocation/redevelopment of the School District site, per the recommendation of the task force, for
the remainder of 2004. Staff met with the School District to determine its space needs and outline a
process to identify potential sites. Due to the number of other projects taking place in the city, staff
has not had time to accomplish much on this project this summer, but will refocus on this project
in August.
Planning/CounciFEDA Minutes - Enclosed are Planning/Council/EDA meeting minutes for your
14 - Fees - Attached for your information is Chapter 14 of.the City Code regarding fees
charged by the city.
Planning Commission Roster - Updated and enclosed separately.
Project Bulletins - Enclosed is a project bulletin on Livable Communities redevelopment area.
If you have any questions on any of these items, please feel free to contact city staff.
TIF modification
5620 Winnetka redevelopment (action by Council and EDA)
Excavation and sanitary sewer contract for Ryland project
8113 Bass Lake Road hazardous building
5207 Pennsylvania Avenue potential purchase
Vacation of easement on AC Carlson property
People Incorporated project
5300 Winnetka Avenue
Hillside Terrace final plat
Feasibility report for regional pond at St. Joseph's site
Petition for improvement and assessment agreement
5537 Sumter Avenue purchase agreement
5540 Winnetka Avenue purchase agreement
Ryland Phase 3
Ryland proposal for city-owned property north of CP Railroad
Chapter 14 of City Code
Roster
Project Bulletins