050394 Planning2.
3.
4.
4.1
AGENDA
PLANNING COMMISSION MEETING OF MAY 3, 1994
CITY OF NEW HOPE, MINNESOTA
7:00 p.m.
CALL TO ORDER
ROLL CALL
CONSENT
PUBLIC HEARINGS
Case 94-09 Request for Conditional Use Permit for Outdoor Storage,
Tarnan & Palanisami Partnership, 5651 International
Parkway, Petitioner -- To Be Tabled
*4.2 Case 94-11
Request for Rear Yard Setback Variance, Site/Building Plan
Review/Approval, and Conditional Use Permit to Allow
Construction of a Convenience Store with Gasoline,
Ashland Oil, Inc. (Super America), 6144 West Broadway,
Petitioner
*4.3 Case 94-12
Request for Variance to Allow Air Conditioning Unit in Side
Yard, Donald L. Ruch an Harold E. Teigen, 3352 Boone
Circle, Petitioner
4.4 Case 94-13
Request for Code Text Amendment to PUD Area
Requirement/Ordinance 94-06, An Ordinance Amending the
New Hope Zoning Code by Establishing a Residential/
Office PUD Zoning District and Eliminating the Area
Requirement for Mixed Use PUD Districts
5.1
5.2
7.1
7.2
7.3
COMMITTEE REPORTS
Report of Design and Review Committee
Report of Codes and Standards Committee
OLD BUSINESS
Miscellaneous Issues
NEW BUSINESS
Approval of Planning Commission Minutes of April 5, 1994
Review of City Council Minutes of March 28, March 31,
Worksession of April 18, 1994.
Review of EDA Minutes of February 25, and April 11, 1994.
April 11, and
8. ANNOUNCEMENTS
9. ADJOURNMENT
* Petitioners are requested to be in attendance
CITY OF NEW HOPE
PLANNING CASE REPORT
lanning Case:
Request:
94 -09
Request for Conditional Use Permit for Outdoor Storage
Location:
PID No.:
5651 International Parkway
06-118-hl 32 0007
Zoning:
I-1 (Limited Industrial)
Petitioner:
Tarnan & Palanisami Partnership
Report Date:
April 25, 1994
Meeting Date:
May 3, 1994
BACKGROUND
The petitioner is requesting a conditional use permit to allow outdoor
storage, pursuant to Sections 4.144(1) and 4.21 of the New Hope City
Code.
The property is located in an I-1 Zoning District at the southeast
intersection of Highway 169 and Bass Lake Road. The petitioner is
requesting a conditional use permit to allow storage in semi-truck
trailers to be parked on the property.
o
Accessory storage is allowed in the I-1 Zone by conditional use permit
if certain conditions are met.
The Design & Review Committee met with the petitioner on April 14th
and a number of issues were discussed such as berming, fencing,
landscaping and a possible building addition to accommodate the
storage instead of an outside trailer. One of the main issues was the
proximity of the storage to Highway #169 and the lack of screening.
There was also discussion regarding other outside storage in semi-
trailers, taking place on other nearby industrial properties without
a conditional use permit and staff is investigating the situation.
Due to the number of issues involved, the Design & Review Committee
recommended to the petitioner that this case be tabled for one month
so that staff can study the code requirements/problems on adjoining
properties and so the petitioner can come back with a better site
plan. The petitioner agreed to postpone the request.
RECOMMENDATION
Staff recommends tabling the request for a conditional use permit to allow
outdoor storage for one month.
Attachments:
Zoning, Topo, Section Maps
Aerial Photo
Site Plan
(Please refer to "Miscellaneous
staff code research on this issue)
Issues"
for preliminary
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?lanning Case:
Request:
Location:
PID No.:
Zoning:
Petitioner:'
Report Date:
Meeting Date:
,¸
CITY OF NEW HOPE
PLANNING CASE REPORT
94-11
Request for Rear Yard Setback Variance, Site/Building Plan Review/Approval,
and a Conditional Use Permit to Allow Construction of a Convenience Store with
Gasoline
6144 West Broadway
05-118-21 21 0035
B-3 (Auto Oriented Business)
Ashland Oil, Inc. (Super America)
April 25, 1994
May 3, 1994
UPDATE
The petitioner is requesting a conditional use permit to allow a convenience store with gasoline, a rear
yard setback variance, and site/building plan review/approval to allow construction of a new service
station, pursuant to Sections 4.039A, 4.124(2), and 4.034(3) - of the New Hope Code.
Super America is proposing to demolish the existing vacant gas station at the southeast intersection of
West Broadway and 62nd Avenue and construct a new 2,489 square foot gas station/convenience store.
The plan includes a new 62' x 41' masonry building with awning, 74' x 31' (2,350 square foot) canopy,
new identification/directional signs, new trash enclosure, two concrete pump islands, new site
landscaping, new curb cuts and elimination of non-conforming curb cut, restriped parking area and
loading zone, and new site lighting.
The specific requests are outlined below:
A. A convenience store with gasoline is permitted in the B-3 Zoning District by conditional use
permit provided that specific conditions are met.
B. The rear yard setback requirement for the property is 35 feet and the building would be located
18 feet (at the closest point) from the south area yard property line, thus a 17-foot variance to
the 35-foot rear yard setback requirement is needed.
C. Site and building plan review/approval is required for the erection of any new building in the
City.
The property was zoned General Business in 1961 and in 1979 was rezoned to a B-3 Auto-Oriented
Zoning District.
Planning Case 94-11
April 25, 1994
Page 2
Surrounding zoning/land uses include: R-4 High Density Residential (townhouses) to the east; R-~5
Senior Citizen and Physically Handicapped Residential (new elderly apartment building) to the south;
B-3 Auto-Oriented (Woody's gas/convenience store) to the west; and Brooklyn Park (elementary school)
to the north.
The physical characteristics of the property, which contains 19,200 square feet, include a downward
five-foot slope from West Broadway to the east property line and several existing trees at the southeast
comer of the property.
These plans are almost identical t° the plans approved by the City Council in March, 1992, except this
time no outdoor storage is being requested and no request for 24-hour operation is being made.
Subsequent to the 1992 approval, Super America notified the City that they did not intend to proceed
with construction on the site. Due to the fact that more than one year has lapsed since the approval was
granted and because no extension was requested, Super America needed to complete another zoning
application and receive City Council approval before they can proceed with construction.
o
Property owners within 350' of the request have been notified, and staff have received several calls in
opposition to this application.
ANALYSIS
Conditional Use Permit
1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally
permissible degree of discretion in determining suitability of certain designated uses upon the general
welfare, public health, and safety. In making this determination, whether or not the conditional use is
to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a
similar use is already in existence and located on the same premises or on other lands close by,
the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or
further factors as the City shall deem a requisite for consideration in determining the effect of such use
on the general welfare, public health, and safety.
Other general criteria to be considered when determining whether to approve or deny a conditional use
permit include:
A. Comprehensive Plan. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the official Comprehensive
Municipal Plan of the City.
B. Compatibility_. The proposed use is compatible with its adjacent land uses.
Co
Performance Standards. The proposed use conforms with all applicable performance standards
contained in the Code.
Do
No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in
which it is proposed.
Planning Case 94-11
April 25, 1994
Page 3
Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the
criteria specified for the various zoning districts:
In Business Districts (B-l, B-2, B-3, B-4):
a. Traffic. The proposed use will not cause traffic hazards or congestion.
b. Nearby Residences. Adjacent residentially-zoned land will not be adversely
affected because of traffic generation, noise, glare, or other nuisance
characteristics.
Effect on Other Businesses. Existing businesses nearby will not be adversely
affected because of curtailment of customer trade brought about by intrusion of
unduly heavy nonshopping traffic or general unsightliness.
A Conditional Use Permit for Convenience Store with Gasoline is allowed provided that the
following conditions are met:
Take-Out Food. Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided.
B. Sanitation. That any sale of food items is subject to the approval of the City Sanitarian.
Licenses. That the non-automotive sales shall qualify for and be granted an annual food
handling, retail sales license or other license, as circumstances shall require, in addition to the
Conditional Use Permit.
Do
Area. That the approximate area and location devoted to non-automobile merchandise sales shall
be specified. Exterior sales shall be subject to a separate conditional use permit.
I-lours of Operation. The hours of operation shall be limited to six o'clock a.m. to twelve
o'clock midnight unless extended by the City Council.
Motor Fuel Facilities. Motor fuel facilities are installed in accordance with state and City
standards. Underground fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations do not conflict with circulation, access and other
activities on the site.
Go
Canopy. A protective canopy located over pump island may be an accessory structure on
the property and may be located twenty feet or more from the front lot line, provided
adequate visibility both on and off-site is maintained.
Compatibility_. The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment in property values
or constitute a blighting influence within a reasonable distance of the lot. All sides of the
principal and accessory structures are to have essentially the same or a coordinated, harmonious
finish treatment.
Planning Case 94-11
April 25, 1994
Page 4
Dust Control and Drainage. The entire site other than that taken up by a building, structure,
or plantings shall be surfaced with a material to control dust and drainage.
Area. A minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet
by 130 feet. The City Council may exempt previously developed or previously platted
property from this requirement provided that the site is capable of adequately and safely
handling all activities and required facilities.
Curb Separation. A continuous and permanent concrete curb not less than six inches above
grade shall separate the public sidewalk from motor vehicles areas.
Lo
Landscaping. At the boundaries of the lot, a strip of not less than five feet shall be landscaped
and screened.
M. Light Standards Landscaped. Each light standard shall be landscaped.
No
Access. Vehicular access points shall create a minimum of conflict with through traffic
movement.
O. Noise. Noise control shall be as required.
Po
Outside Storage. No outside storage except as allowed per the code. An enclosed screened area
is to be provided for rubbish and dumpsters.
Staff finds that the only condition not met is "J," area. The minimum street frontage dimensions are
met, but the minimum lot area of 22,500 square feet is not met. The property contains
approximately 19,200 square feet. The City Council may exempt previously platted property from
this requirement if the "site is capable of adequately and safely handling all activities and required
facilities." Staff recommends that this property be exempted from the requirement due to the fact that
the site is being totally redeveloped.
Variance
1. The purpose of a variance is to permit relief from strict application of the zoning code where undue
hardships prevent reasonable use of property and where circumstances are unique to the property. A
hardship may exist by reason of narrowness, shallowness, or shape of property or because of
exceptional topographic or water conditions. The hardship cannot be created by the property owner and
if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably
diminish or impair property values in the neighborhood.
"Undue hardship" as used in connection with the granting of a variance means the property in question
cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight
of the landowner is due to circumstances unique to his property not created by the landowner, and
the variance, if granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable use for the property exists under the terms
of the ordinance.
Planning Case 94-11
April 25, 1994
Page 5
Additional criteria to be used in considering requests for a variance includes the following and the
Planning Commission/City Council shall make findings that the proposed action will not:
A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance.
B. Light and Air. Impair an adequate supply of light and air to adjacent property.
C. Street Connections. Unreasonably increase the congestion in the public street.
D. Public Safety. Increase the danger of fire or endanger the public safety.
E. Property_ Values. Unreasonably diminish or impair established property values within the
neighborhood, or in any other way be contrary to intent of City Code.
The proposed Super America Station/Store meets all setback requirements except for the 35-foot rear
yard setback requirement. Petitioner is requesting an 18-foot variance or about a 50 percent setback
reduction. The existing building is non-conforming and meets no setback requirements. If this site
is redeveloped as proposed, all non-conforming setbacks and non-conforming curb cuts will be
corrected except for this one rear yard setback variance request. There is a significant distance
(200 feet) between the proposed Super America and the building to the south and significant
landscaping has been incorporated into the plan.
The building proposed for the site is unique in the fact that it has a comer-cut, windows on two street
sides, and is aesthetically pleasing. The site may be useable with all setbacks being met, but the
aesthetics of the building would probably be revised to present a less appealing structure.
The petitioner states on the application that the required setbacks provide a building envelope that does
not allow the owner to build a new station/store without a variance.
Staff supports the granting of the variance due to the size and shape of the property, the significant
distance between properties, the aesthetics of the new building, and the reduction of non-conformities
on the site.
Site &
Building Plan Review
The petitioner is proposing to construct a 2,489 square foot building and a 2,350 square foot canopy.
The building will have a comer entry at the northwest comer, extra glass, and special brick detailing
on all sides. The plans show a pedestrian walkway (48" wide) striped area from 62nd Avenue to the
store with ADA approved slopes, a new five-foot concrete sidewalk along West Broadway, and a
temporary remediation building at the southeast comer of the site with finish colors to match the main
building.
The Design & Review Committee met with the petitioner on April 14th and a number of issues were
discussed. Revised plans were submitted as a result of the meeting.
Parking. Fifteen parking spaces are required and 17 spaces are provided (nine in the parking lot and
eight at the pumps).
4. Hours of Operation. Will be limited to what is allowed by ordinance (6:00 a.m. to 12:00 midnight).
5. Outdoor Sales. No outdoor sales are being proposed.
Planning Case 94-11
April 25, 1994
Page 6
6. Lighting. The majority of the gas pump activity and gas canopy lighting is screened by the SA building
from the townhouses to the east. The wooden fence at the east and landscaping will screen headlights
from the same residential area. Lighting levels have been adjusted per staff's request. However, the
rear wall light (east) is too bright. Change wattage or design to confine light levels to a maximum
of one foot candle at the property line.
7. Landscaping. A total of 182 trees and shrubs will be added to the site and the plan provides good
buffers to both the east and the south.
8. Traffic Data. Staff have enclosed the traffic data that was submitted in 1992 in the attached report
prepared by Barton-Aschman Associates, Inc. titled "Traffic Characteristics of Convenience Store with
Gas Pumps." The conclusions of the report are that:
A. Convenience stores with gas pumps do not generate significant new traffic volumes on the street
system.
B. Approximately 87 percent of the traffic entering/exiting the convenience store with gas pumps
site is already on the street passing by or near the facility.
C. 80-90 percent of the approach/departure traffic to a convenience store with gas pumps is via a
major street passing by the site.
D. The impact of a convenience store with gas pumps on the residential street system is not
significant since the amount of new traffic generated is small through all periods of an average
day and since primary approach and departure to the site is via a major arterial route.
9. Tanker Circulation. A tanker circulation diagram has been provided, as requested, showing that trucks
will enter on 62nd Avenue and exit onto West Broadway.
10. Signage. The following signage is proposed for the site:
A. Trademark Pole Sign at the corner of 62nd and West Broadway (130 square feet).
B. Canopy Signage stating "SUPERAMERICA" 1' in height x 10'-5" in length.
C. Building Wall Signage stating "SUPERAMERICA" (1 '-3 1/2" X 12'-5") on the north and
west building elevations and "SA" (2'-1" in height and 4'-8" in length) on the northwest corner
of the building.
The signage complies with the New Hope Sign Code and recently adopted gasoline canopies
ordinance.
RECOMMENDATION
Staff recommends approval of the rear yard setback variance, conditional use permit and site and building plan
review to allow the construction of a convenience store/gas station, subject to the following conditions:
Planning Case 94-11
April 25, 1994
..... Uage 7
Revise lighting plan, per Building Official recommendation.
All signage to comply with New Hope Sign Code.
3. Annual inspection by staff.
4. No outdoor storage.
5. Hours of operation to comply with City Code.
Development Contract to be executed with City and performance bond to be submitted (amount to be
determined by City Engineer and Building Official).
Attachmems:
Petitioner's Letter
Topo Map
Site Plan
Floor Plan
Elevations/Building Sections
Survey
Grading Plan
Landscape Plan
Landscape Schedule
Tanker Circulation Diagram
Site Illumination Plan
Site Signage Plan
Canopy Signage
Building Elevations with Signage
Canopy Plan
Proximity to Adjacent Structures
1992 Traffic Data
1992 Resolution Approving Requests
3/9/92 Council Minutes
2/10/92 Council Minutes
2/4/92 Planning Commission Minutes
12/4/91 Planning Commission Minutes
SUPERAMERICA®
Division of Ashland Oil, Inc.
1240 West 98th Street
Bloomington,/~Ainnesota 55431
612-887-6100
April 21, 1994
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55478-4898
Attention: Mr. Daniel J. Donahue, City Manager
SUBJECT:
Planning Commission Meeting - May 3, 1994
Request for Conditional Use Permit
Rear Yard Set Back Variance
Site/Building Plan Review/Approval
SuperAmerica - Planning Case 94-11
Dear Mr. Donahue:
This is a formal request by SuperAmerica for a Conditional Use Permit to allow a convenience
store with gasoline, a rear yard setback variance and site/building plan review/approval to
construct a new service station/convenience store at 6144 West Broadway. The requests
were previously approved by the New Hope City Council on March 9, 1992 and confirmed by
your'letter dated March 10, 1992 to Michael O'Donnell.
Mr. Kirk McDonald, City Management Assistant has informed me that SuperAmerica's requests
will be on the May 3, 1994 public hearing/planning commission meeting agenda as Planning
Case 94-11.
The City of New Hope's continued cooperation and assistance is appreciated.
Construction Manager
cc;
Mr. Doug Sandstad, City of New Hope
Mr. Kirk McDonald, City of New Hope
P. G. Collins, R. C. Hardman, G. K. Hill, R. J. Maxwell, L. S. McCain, R. M. Mueller,
M. J. O'Donnell, F. T. Pleasants, M. J. Rasnak, S. S. VanTassel
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NEW HOPE, MINNESOTA
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Oarton-Aschman Associatas, Inc.
111 Third Avenue South, Suite 350
Minneapolis, Minnesota 55401
USA
Phone: (612) 332-0421
Fax: (612) 332-6~80
January 15, 1992
Mr. Michael O'Donnell
SuperAmerica
Division of Ashland Oil, Inc.
1240 West gBth Street
Bloomington, MN $5431
Re: Traffic Characteristics of Convenience Stores With Gas Pumps
Dear Mr. O'Donnell:
Convenience stores with gasoline pumps have expanded significantly in the past
lO years due primarily to the fact that these markets offer self-service
gasoline and convenience grocery goods in a readily accessible location with
fast service~ Barton-Aschman Associates, Inc. has conducted numerous studies
and analyses of these facilities, throughout the United States and particularly
in the Minneapolis-St. Paul metropolitan area to determine the impact of the
development on the transportation system and adjacent residential areas. The
Barton-Aschman studies include virtually all types of convenience store/
gasoline pump operationsincluding those operated by SuperAmerica.
Because, in many instances, convenience store/gasoline pump facilities appear
to be highly active with vehicles continuously entering and exiting throughout
the day, it appears that these facilities generate significantly more traffic
larton-A hman Asso iates, In&
January 1S, 1992
Page 2
than other commercial activities. Consequently, some studies have required
more, in-depth surveys and analysis of traffic characteristics to accurately
assess impact on transportation systems and residential areas. This document
is a summary of facts determined and conclusions reached on traffic
characteristics and impact of convenience store/gasoline pump facility
operations.
SITE CHARACTERISTZCS
Convenience stores with gasoline pumps are primarily located on major arterial
streets and highways so that they are readily accessible to vehicular traffic
passing by. The facilities generally consist of a convenience store of size
ranging from 1,500 square feet to 4,000 square feet with $ to 12 gasoline
pumps located on two to six pump islands. An automated car wash is frequently
included with the facilities.
The size of new development sites has increased through the years to the
extent that they are now approximately two to three acres in size to
conveniently and safely accommodate maneuvering of general vehicular traffic
as well as large fuel delivery vehicles. The facilities generally operate a
minimum of 16 hours per day with many operating 24 hours per day.
larton-Asc:hmin Asso~iat®s, In&
January 15, 1992
Page 3
DEFINITIONS
Terms used in this report are defined as follows:
· Convenience Store With Gas Pumps
A store that sells convenience food items, gasoline products, and other
car products that is normally open 16 to 24 hours per day. It has self-
service gas pumps with a store of gross floor area of 1,500 to 4,000
square feet. One person manages the store.
· Trip
Single or one direction vehicle· movement with either the origin or
destination inside the study site.
· Trip Ends
The total of all trips entering plus all trips leaving the site over a
given period of time.
Imrtofl-Alohmln A#oolmtes, Ino.
January 15, 1992
Page 4
· Primary Trips
Trips from home, work, or school to the convenience store that returns
directly to the point of origin. The trip's only purpose was shopping
at the convenience market.
· Diverted Linked Trips
Trips in which the stop at the convenience store is part of a sequence
of two or more stops within the total trip and where the stop at the
convenience store required a route diversion from the route that would
otherwise be followed if a stop at the convenience store were not made.
Non-Diverted Linked Trips
Trips in which the stop at the convenience store is part of a sequence
of two or more stops within the total trip and where the driver is
already travelling on the street on which the convenience store is
located.
Blrton-A~hmin Asso~lltem, lng
January 15, 1992
Page 5
SITE ACCESS
Convenience stores with gas pumps are generally located on high traffic volume
streets (15,000 to 25,000 vehicles per day) because the major part of their
business comes from vehicular traffic passing by. Developments try to obtain
as much primary ingress and egress to their site from the main street as
possible to facilitate access to the site. In instances where primary ingress
and egress facilities are located on the main street, traffic studies and
observations indicate that approximately 80 percent of the traffic enters the
site from the main street and exits back to the main street traveling in the
same direction that they were originally headed.
In instances where access to the main street is restricted by medians, other
traffic controls, or by the agency having jurisdiction over the roadway, use
of an adjacent minor street may be required for ingress or egress. However.
studies and observations indicate that even where access is restricted or
circuitous, approximately 80 percent of the traffic to a convenience store
with gas pumps approaches and departs the facility via the adjacent major
arterial street for the major part of the trip. This pattern holds true
during the A.M. and P.M. peak hours as well as midday and nighttime hours.
Barton-A r, hman A.o iate , I
january 15, 1992
Page 6
TRAFFIC CHARACTERISTICS
· Trip Volumes
Average trip generation per site is as follows:
Time Period
Morning Peak Hour
Noon Peak Hour
Evening Peak Hour
Weekday
Trip Ends
lO0
100
130
1,300
Range
50-145
60-160
90-200
800-2,400
The above trip ends volumes are based on actual surveys and observatior.-
conducted by Barton-Aschman in the Minneapolis-St. Paul metropolitan
area and include existing SuperAmerica facilities.
· Trip Type
To determine the real impact of trip generation by a convenience store
with gas pumps, interviews were conducted with patrons at a few exist~nc
facilities tO determine the primary purpose of their trip and their
approach and departure routes. The results of those surveys indicate
that most or the morning trip origins are home-based with the trip
Birton-A~hmn Ammo~iat®s, In4).
January 15, lgg2
Page 7
destination being work. The origins and destinations during the noon
hour were evenly split between home and work trips. In the evening peak
hour, Most of the trip origins are work-based with the trip destina{ion
being home.
On average, only 10 to 13 percent of the total traffic entering a
convenience store/gas pump site is a primary trip where the convenience
store was the primary destination. This percentage of primary trips
holds true during the morning peak, the noon time, and the evening peak
hours as well as on a daily basis.
· General Trip Summary
A summary of trip type to convenience stores with gasoline pumps is as
follows:
Percentage of Total Traffic
Morning Peak Noon Evening Peak
Trip Type
Average Range Average Range Average Range
Primary 6 0-10 13 9-17 13 5-21
Diverted.Linked 30 12-38 25 14-33 25 9-34
Nondiverted Linked 64 58-85 62 $0-70 62 55-83
~rton.Am:hman Auoolates, In~
january 15, 1992
Page 8
CONCLUSIONS
Convenience stores with gas pumps do not generate significant new
traffic volumes on the street system. Surveys indicate that only
approximately 13 percent of the total traffic entering and exiting a
site have the convenience store as a primary destination.
Approximately 87 percent of the traffic entering and exiting the
convenience store with gas pumps site is already on the major arterial
street passing by or near the facility during all times of an average
day including the morning peak hour, the evening peak hour, noon time,
and daily.
Eighty to 90 percent of the approach and departure traffic to a
convenience store with gas pumps is via the major arterial street syste~
or systems passing by the site.
The impact of convenience store with gas pump operations on the
transportation system or on the residential street system is not
significant since the amount of new traffic generated on the street is
small through all periods of an average day and since primary ~pproach
and departure to the site is via a major arterial route.
B~rton-Asohman Asmo~int®s, In&
january 15, 1992
Page 9
The foregoing general analysis of convenience store with gas pump traffic
operations and impact is based on specific studies conducted by Barton-Aschman
throughout the United States and in the Minneapolis-St. Paul metropolitan area
as well as other studies conducted in various parts of the United States.
Sincerely,
David R. Kosk~yg.E.
Principal Assodiate
DRK:dmv
RESOLUTION NO. 92- 51
RESOLUTION ESTABLISHING FINDINGS OF FACT
RELATING TO REQUEST BY SUPER AMERICA
GROUP FOR CONDITIONAL USE PERMIT AND
VARIANCE TO CONSTRUCT AND OPERATE A
CONVENIENCE STORE WITH GASOLINE SALES AND
APPROVAL OF BOTH REQUESTS
BE IT RESOLVED by the City Council of the City of New Hope as
follows:
PROCEDURAL HISTORY
WHEREAS, the Super America Group, Inc. (hereafter Petitioner)
submitted an October 10, 1991 application designated as Planning
Case No. 91-37 for two conditional use permits, a rear yard setback
variance and site and building plan review to construct and operate
a convenience store with gasoline and outdoor storage and sales at
property commonly described as 6144 West Broadway identified as PID
No. 05-118-21 21 0035 (hereafter Property), and
WHEREAS, the property is zoned "B-3" Auto Oriented Business
District which permits convenience store with 9asoline and outdoor
storage and sales as conditional uses per New Hope Code §§4,124(2)
and 4,125(4), and
WHEREAS, New Hope Code §4.034(3) establishes a 35 foot rear
yard setback requirement and that Petitioner herein requests a 17
foot variance from said setback requirement subject to the
requirements set forth in New Hope Code §4.22 et. al., and
WHEREAS, Petitioner has requested site and building plan
approval per New Hope Code §4.O39A, and
WHEREAS, Petitioner has appeared before the Design and Review
Committee of the New Hope Planning Commission on October 22 and
November 18, 1991 and January 16, 1992 and has complied with all
requests and recommendations of said Committee per Commissioner
Gundershaug's statements noted in the Planning Commission minutes
of December 4, 1991 and February 4, 1992, and
WHEREAS, pursuant to the Planning Commission's request
Petitioner met with the numerous residents in opposition to the
planning, case composed mostly of residents of the Anthony James anu
Broadway LaNe1 apartment complexes on December 17, 1991, and
WHEREAS, in response to the concerns of said residents
Petitioner has withdrawn its request for 24 hour operation and has
agreed to limit its hours of operation from 6:00 a.m. to 12:00
midnight as required by New Hope Code §4.124(2)(f). Further,
Petitioner has submitted information to address the residents'
concern over potential increased crime, traffic, noise, and glare
from lights associated with the proposed operation, and
WHEREAS, Planning Case 91-37 was considered at the December 5,
1991 Planning CommiSsion meeting and at a duly noticed public
hearing before the Planning Commission on February 4, 1992. At the
February 4, 1992 Planning Commission meeting Petitioner's requests
were denied on a 5 to 3 vote with the Commission concluding that an
insufficient basis was shown for the 17 foot variance to the 35
foot setback requirement of New Hope Code §4.034(3), after all
interested persons desiring to be heard were given the opportunity
to be heard, and
WHEREAS, at the February 4, 1992 Planning Commission meeting
the Commission had before it the New Hope Comprehensive Plan and
Zoning Code, the December 4, 1991 meeting minutes, all findings and
comments from City Staff, a January 15, 1992 traffic analysis
prepared by Barton-Aschman, Assoc., unsworn testimony from Michael
O'Donneli and Bill Bail, both employees of Petitioner, numerous
petitions from area residents in opposition to the planning case
and the Commission's own comments and opinions, and
WHEREAS, the Petitioner has appeared at duly noticed meetings
of the New Hope City Council on February 10 and March 9, 1992, and
WHEREAS, at the February 10, 1992 meeting the Council had
before it all information before the Planning Commission referenced
above plus the minutes from the February 4, 1992 Planning
Commission meeting and at its March 10, 1992 meeting the Council
had before it in addition to the previously described information
the minutes from its own February 10, 1992 meeting including the
Council's own comments, opinions, familiarity with and zoning
history of the Property. Further, all persons wishing to be heard
were given an opportunity to be heard at both City Council
meetings, and
WHEREAS, the Property currently is improved with a vacant and
boarded up gas station facility which Petitioner intends to raze
and remove as part of the development, and
WHEREAS, Petitioner intends to redevelop .the site with a new
2,200 sq. ft. gas station/convenience store consisting of a 60'x39'
masonry building with awning, a 74'x36' canopy over two concrete
pump islands, new identification/directional signs, new trash
enclosures, new site landscaping, new curb cuts that effectively
eliminate existing non-conforming curb cuts, restriped parking area
and loading zone and new site lighting all as submitted by
Petitioner, in various site plans also before the City Council, and
WHEREAS, Petitioner, after discussion with the Council at its
February 10, 1992 meeting, has voluntarily withdrawn its request
and application for exterior outside storage and sales, and
WHEREAS, Petitioner's plans submitted as part of its planning
case comply wi~h all on-site parking and loading requirements of
the New Hope Code, and
CONDITIONAL USE
WHEREAS, New Hope Code §4.124(2) permits as a conditional use
in a "B-3" zoning district a convenience store with gasoline sales
but no vehicle service or repair if the following standards are
met:
Permitted Uses., The retail sales involve uses or
activities which are allowed in a B-l, B-2, or B-3
District.
Take-Out Food· Convenience/deli food is of the take-out
type only and that no provision for seating or
consumption on the premises is provided. Furthermore,
that the enclosed area devoted to such activity, use and
merchandise shall not exceed fifteen percent of the gross
floor area.
Sanitation· That any sale of food items is subject to
the approval of the City Sanitarian who shall provide
specific written sanitary requirements for each proposed
sale location based upon applicable State and County
Regulations.
Licenses. That the non-automotive sales shall qualify
for and be granted an annual food handling, retail sales
license or other license, as circumstances shall require,
in addition to the Conditional Use Permit.
.3
10·
11.
Area. That the approximate area and location devoted to
non-automobile merchandise sales shall be specified in
general terms in the application and in the conditional
use permit, Exterior sales shall be subject to a
separate conditional use permit,
Hours of Operation. The hours of operation shall be
limited to six o'clock a.m. to twelve o'clock p.m.,
unless extended by the City Council.
Motor Fuel Facilities. Motor fuel facilities are
installed in accordance with state and city standards.
Additionally, adequate space shall be provided to access
gas pumps and allow maneuverability around the pumps.
Underground fuel storage tanks are to be positioned to
allow adequate access by motor fuel transports and
unloading operations do not conflict with circulation,
access and other activities on the site· Fuel pumps
shall be installed on pump islands·
Canopy. A protective canopy located over pump island may
be an accessory structure on the property and may be
located twenty feet or more from the front lot line,
provided adequate visibility both on and off site is
maintained.
Compatibility. The architectural appearance and
functional plan of the building and site shall not be so
dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting
influence within a reasonable distance of the lot. All
sides of the principal and accessory structures are to
have essentially the same or a coordi.nated, harmonious
finish treatment·
Dust Control and Drainage. The entire site other than
that taken up by a building, structure or plantings shall
be surfaced with a material to control dust and drainage
which is subject to the approval of the City.
Area. A minimum lot area of twenty-two thousand five
hundred square feet and minimum lot dimensions of one
hundred fifty feet by one hundred thirty feet. The City
Council may exempt previously developed or previously
platted property from this requirement provided that the
site is capable of adequately and safely handling all
activities and required facilities.
12.
Curb Separation. A continuous and permanent concrete
curb not less than six inches above grade shall separate
the public sidewalk from motor vehicles areas,
notwithstanding the provisions of 4.036 (4)(h)(xv).
13.
Landscaping. At the boundaries of the lot, a strip of
not less than five feet shall be landscaped and screened
in compliance with Section 4.033 (4) of this Code,
notwithstanding the provisions of 4.036(4)(h)(xv).
14.
Light Standards Landscaped, Each light standard shall be
landscaped.
15.
Access. Vehicular access points shall create a minimum
of conflict with through traffic movement, and shall be
subject to the aDproval of the City.
16.
Pedestrial Traffic. An internal site pedestrian
circulation system shall be defined and appropriate
provisions m&de to protect such areas from encroachments
by parked cars or moving vehicles.
17.
Noise. Noise control shall be as required in the Noise
Control Section of this Code·
18.
Outside Storage, No outside storage except as allowed in
compliance with Section 4.125 (3), An enclosed screened
area is to be provided for rubbish and dumpsters·
and
WHEREAS, New Hope Code §§4.21 and 4.212 additionally require
the Council to consider and find the proposed conditional use is:
2.
3.
4,
5.
consistent with the Comprehensive Plan;
compatible with adjacent land uses;
conforms with all performance standards;
will not depreciate surrounding land values;
will not cause traffic hazards or congestion adversely
affecting adjacent residential or commercial properties;
wilt not constitute a nuisance to other properties due to
traffic generation, noise, glare or other generally
unsightly characteristics of the proposed use; and
WHEREAS, information presented to the Council supports the
conclusion that Petitioner's conditional use application meets all
of the foregoing conditions as more specifically explained as
follows:
Potential traffic congestion and hazards is a major
concern. Petitioner has testified by Bill Bai] that
Super America stores do not create additional traffic but
exist based on existing traffic in the area. Further,
the traffic analysis of Barton-Aschman, Assoc. establish
that convenience stores with gasoline do not generate
significant new traffic volumes, that 875 of the traffic
utilizing said stores are already on the street and that
the impact of said stores is not significant. As a
result, the proposed use will not cause traffic hazards
or congestion or adversely impact adjacent commercial or
residential property due to traffic congestion.
Noise from the site has been identified as a potential
problem. Petitioner has testified that fuel tankers by
law must turn off their engines when filling storage
tanks on-site. Further, Petitioner agreed to install
noise governors on its outside speaker system and reduce
the volume on said system after 8:00 p.m, Petitioner has
also agreed it will not operate after 12:00 midnight or
before 6:00 a.m. Petitioner is also subject to the
City's noise ordinance adopted to protect the quiet peace
and enjoyment of neighboring land owners. The Council
finds that noise from the proposed use is within
standards requi, red by this Code·
Glare from vehicle lights has been raised as an issue.
Petitioner's plans indicate that the property is well
landscaped and bermed. Said landscaping and its
maintenance will be a permanent condition of the proposed
use and will effectively eliminate concern from glare and
also additionally control noise.
Increased crime, vandalism and loitering has been
suggested as a possible problem from the proposed use.
No evidence has been presented to indicate a connection
between Super America's operations and increased crime.
In fact, the testimony presented to the Council indicates
Super Americas are clean and well supervised. It seems
obvious that a well tit, well managed operation such as
Super America will be a crime deterrent especially in
comparison to a vacant boarded
up building currently existing on-site. Further, the
Council finds no connection between the potential
congregation of young people and increased vandalism and
loitering and no evidence has been presented to the
Council establishing same.
The property does not meet the minimum lot area of 22,500
sq. ft., said property consisting of approximately 19,200
sq. ft. However, the property satisfies the minimum
street frontage, parking and loadin9 requirements. Also,
the corner check-out design of the proposed building is
downsized from the maximum building area that could be
constructed and the redevelopment plan eliminates non-
conforming curb cuts. As a result, the Council finds
that the site is capable of adequately and safely
handling the proposed use and given the fact it has been
previously platted and used as a gas station, it is
appropriate to exempt the site from the minimum area
requirement as allowed by §4.124(2)(k).
The proposed use of the property is consistent with the
Comprehensive Plan and compatible with adjacent land
uses. The property is located in Planning District 4 as
defined by the Comprehensive Plan. The Comprehensive
Plan makes specific reference to the property as a
convenience commercial center adjacent to the apartment
complex well suited and located to serve the apartment
residents as well as the surrounding neighborhoods. It
is hereby determined that the proposed use will serve
such a function. Further, the property has been used as
a gas station in the past and there are other commercial
facilities in the area. The proposed use is clearly
compatible with the surrounding land uses.
There is no evidence in the record to suggest Super
America operations contribute to or. cause a depreciation
of land values. Again, the proposed development is a
significant improvement to the existing conditions, aha
Super America is a well managed operation and will
enhance rather than depreciate surrounding land values.
7
SETBACK VARIANCE
WHEREAS, New Hope Code §4.034(3) establishes a 35 foot rear
yard setback requirement and that the proposed building is 18 feet
at its closest point to the rear lot line requiring a 17 foot
variance from said setback, and
WHEREAS, the Anthony James apartment complex is adjacent to
the property at its rear lot line and that the apartment building
itself would still be 222 feet from the apartment building if the
variance was granted, and
WHEREAS, Petitioner has submitted an alternate building plan
that would not require a variance and would result in a 500 sq. ft.
larger aesthetically unpleasing box-like building that makes less
effective use of the property by permitting a less flexible parking
arrangement, and
WHEREAS, New Hope Code §4.22 Permits a variance if
demonstrated to be in keeping with the spirit and intent of the
Code and a hardship exists due to the shape of a lot preventing a
reasonable use of the property not due strictly to economic
reasons, and
WHEREAS, the Council may grant a variance from the strict
application of the Code to relieve difficulties or hardships to a
degree considered reasonable, and
WHEREAS, the Council hereby determines that a 17 foot rear
yard setback variance requested by Petitioner is reasonable and in
keeping with the spirit of the Code for the following specified
reasons:
The proposed building will still be 222 feet from the
Anthony James apartment building.
The building as proposed with the variance will. be 500
sq. ft. smaller in size than the building proposed in
compliance with the setback.
The proposed building described as a corner check-out is
an aesthetically pleasing uniquely designed building
which makes better use of the property in that it directs
activity on the site to the West Broadway/62nd Avenue
North intersection and not towards the adjacent
properties, it makes better use of parking area and
eliminates non-conforming curb cuts·
8
The property is oddly shaped due to the fact it was
"left-over" property when platted and as a result, the
variance as proposed promotes a reasonable development.
Also, back yard setback variances have been routinely
granted if reasonable. The proposed variance is
reasonable given the fact improvements on adjacent
property is 222 feet away and the proposed landscaping
and berming of the property more than adequately screens
the proposed use from adjacent properties.
NOW, THEREFORE, the New Hope City Council hereby makes the
following findings:
The above recitals are incorporated herein by this
reference,
That the proposed conditional use meets all the
performance standards of this Code and should be granted.
That the requested rear yard setback variance is needed
to promote the best use of the property, is reasonable
and in keeping with the intent of the Code and is due to
a non-economic hardship unique to the property and should
be granted·
The plans submitted by Petitioner are satisfactory and in
compliance with the site and building plan review
requirements of this Code.
THEREFORE, Petitioner's request for a conditional use permit
for a convenience store with gasoline, a 17 foot rear yard setback
variance and site and building plan review are hereby 9ranted
subject to the following conditions:
The property shall be developed in accordance with the
plans submitted by Petitioner·
Hours of operation shall be limited to 6:00 a.m. to 12:00
midnight unless otherwise approved by the City Council.
Noise governors shall be installed on all outside
intercom systems and volumes reduced after 8:00 p,m,
No outdoor storage or sales of merchandise shall be
allowed, unless a conditional use permit for same is
applied for and granted at a later date.
Petitioner shall execute a development agreement and post
a performance bond for required site improvements,
including but not limited to, landscaping, curoing aha
retaining wall as shown on its plans,
Dated: March 9, 1992,
City Clerk
10
91-37
RESOLUTION 92-51
Item 8.2
PLANNING CASE
92-05
Item 8.4
adult use zontng and adult use licensing in the City of
New Hope. All present voted in favor. Motion carried.
Mayor Erickson introduced for discussion Item 8.2,
Planning Case 91-37, Resolution Establishing Finding of
Fact Relating to Request by Super America Group, Inc. for
Conditional Use Permits and Variance to Construct and
Operate a Convenience Store With Gasoline Sales and
Approval of Both Requests.
Councilmember Enck commented that he has again reviewed
the materials relating to the planning case and he sees no
alternative but to approve it.
Councilmember Otten noted the Council cannot restrict
trade and he is not convinced that it would in fact limit
opportunities for the existing surrounding businesses.
Councilmember Enck introduced the following resolution and
moved its adoption: "RESOLUTION ESTABLISHING FINDINGS OF
FACT RELATING TO REQUEST BY SUPER ANERICA GROUP FOR
CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT AND
OPERATE A CONVENIENCE STORE WITH GASOLINE SALES AND
APPROVAL OF BOTH REQUESTS". The motion for the adoption
of the foregoing resolution was seconded by Councilmember
Otten, and upon vote being taken thereon; the following
voted in favor thereof: Erickson, Enck, Otten, Williamson;
and the following voted against the same: None; Absent:
L'Herault; whereupon the resolution was declared duly
oassed and adopted, signed by the mayor which was attested
to by the city clerk.
Discussion of Item 8.4 preceded Item 8.3.
Mayor Erickson introduced for discussion 8.4, Planning
Case 92-05, Request for a Conditional Use Permit to Allow
a Temporary Use/Outdoor Auto Show at 5520 North Highway
169 (PID #06-118-21 33-0002), Champion Auto Stores.
Mr. Kirk McDonald explained that the petitioner is
requesting a conditional use permit to allow a temporary
use/outdoor auto show in an I-1 Limited Industrial Zoning
District. Champion Auto Stores is proposing to host an
outdoor car show this summer at their facility with Land-
O-Lakes GTO Car Club. The show would be conducted on
Sunday, August 2nd, from. 7:00 a.m. - 6:00 p.m. and would
include 225 show cars. It is expected to attract
approximately 3,000 spectators throughout the day.
Liberty Diversified Industries and Coldwell Banker/Chicago
Cutlery have authorized use of their sites for spectator
and tow vehicle/trailer parking. The Land-O-Lakes GTO Car
Club consists of 14 committees. A food vendor will be on
the site with convenience food. Portable latrines and
first aid tent will also be on the site.
New Hope City Council
Page 10
March 9, 1992
RESOLUTION 92-35
Item 8.1
PLANNIW~ CASE
91-37
Item 8.2
New Hope City Council
Page 3
Mr. McDonald continued byexplaining that the property has
an irregular, four-sided "pie shape" due to its location
on a cul-de-sac, which makes the rear yard narrow at the
southwest corner. There are dense areas of trees to the
west and north that provide a buffer to screen the porch
from the homes most impacted. The existing structure
meets all yard setback requirements.
The Planning Commission reviewed the case on February 4,
1992, and approved a 13-foot rear yard setback variance
due to the irregular shape of the property, subject to the
following conditions:
1) Revised elevation drawings be submitted' to clearly
illustrate that design of porch and building materials
will be consistent with existing home.
2) Prior to construction an "as-built" survey will be
submitted to verify setback and lot to be staked by
surveyor at time of building permit application.
Mr. McDonald provided a sketch of the proposed porch.
Mayor Erickson inquired whether the petitioners were
present. Mr. McDonald reported they were not present.
Councilmember Enck pointed out that according to the
sketch, it appears there will be no siding on the proposed
porch but rather mostly glass (eight patio doors). He
stated he would recommend approval of the variance subject
to the roof of the porch matching the existing house roof.
Councilmember Enck introduced the following resolution and
moved its adoption: 'RESOLUTION APPROVING PLANNING CASE
92-02 REQUESTING A VARIANCE TO ALLOW CONSTRUCTION OF A
THREE-SEASON PORCH AT 3433 GETTYSBURG AVENUE NORTH (PID
J19-118-21 22 0037) SUBMITTED BY NICHAEL/THERESE GRAY".
The motion for the adoption of the foregoing resolution
was seconded by Councilmember Otten, and upon vote being
taken thereon; the following voted in favor thereof:
Erickson, Enck, L'Herault, Otten, Williamson; and the
following voted against the same: None; Absent: None;
whereupon the resolution was declared duly passed and
adopted, signed by the mayor which was attested to by the
city clerk.
Mayor Erickson introdUced for discussion Item 8.2,
Planning Case 91-37, Request for Two Conditional Use
Permits to Allow a Convenience Store with Gasoline and
Outdoor Sales, a Rear Yard Setback Variance, and
Site/Building Plan Review/Approval to Construct.a New
Service Station at 6144 West Broadway (PID #05-118-21 21
0035), Super America Group, Petitioner.
Mr. Donahue, City Manager, requested permission to convey
background information to the audience regarding this
February 10, 1992
planning case. He stated he will also explain how the
Council makeS d~Ci~ions relating to planning cases.
He indicated at the Planning Commission there were several
residents from the area opposed to the Super America
station. He stated whatever decision the Council makes
must be based on law and ordinance. Their decision cannot
be based upon whether they like or dislike something,
especially in a planning case. He noted in planning cases
there is usually a winner and a loser in that somebody
gets something and somebody does not get something. In
this case Super America may or may not get a permit.
Based on the Council's decision, Super America and/or the
residents may petition the Court to review the Council's
decision; therefore, any decision the Council makes must
be based on law and ordinance. They cannot arbitrarily
make a decision on whether they like or dislike something.
Mr. Donahue pointed out that approximately four years ago,
the City Council, the Planning Commission and city staff
urged the developers (Broadway LaNel) to purchase this
property. He reported that the developers were made aware
that some day a gas station would be constructed at the
location. He noted that since the property is zoned for
a gas station, the Council does not have authority to deny
the use. However, the Council can make rulings regarding
the requests made by Super America for a conditional use
permit and a variance.
He repeated that the Council and Planning Commission did
urge Broadway LaNel to purchase this property knowing that
the residents would probably be against a gas station on
that site. Mr. Kirk McDonald was asked to present the
facts regarding the Planning Case.
Mr. McDonald stated the petitioner is requesting a
conditional use permit to allow a convenience store with
gasoline, a conditional use permit to allow outdoor sales,
a rear yard setback variance, and site/building plan
review/approval to allow construction of a new service
station. Super America is proposing to demolish the
existing vacant gas station at the southeast intersection
of West Broadway and 62nd Avenue and construct a 2,200
square foot gas station/convenience store with gasoline.
The plan includes a new 60' x 3g' masonry building with
awning, 74' x 36' canopy, new identification/directional
signs, new trash enclosure, two concrete pump islands, new
site landscaping, new curb cuts and elimination of non-
conforming curb cut on 62nd Avenue, restriped parking area
and loading zone, and new site lighting. The petitioner
originally requested 24-hour operation (city code limits
hours of operation from 6:00 a.m. to 12 p.m. unless
extended by the City Council).
New Hope City Council
Page 4
February 10, lgg2
New Hope City Council
Page 5
Mr. McDonald noted that the planning case has been on-
going since October of 1991. He further explained that
the original requests were considered at the December
Planning Commission meeting and residents of the Anthony ~-~
James Apartments submitted a petition opposing the
proposed Super America, citing concerns about increased
traffic, noise, crime, hazard to school children, 24-hour
operation and impact on loss of other small businesses in
the area. The Commission tabled the case and requested
that Super America meet with the neighbors to address
their concerns, provide traffic data to the City and make
minor plan revisions. Super America met with a group of
residents from Anthony James and Broadway Village
Apartments in December and withdrew the reouest for 24-
hQ~r ooeration as a result of the meeting. This case was
considered again at the February 4th Planning Commission
meeting and prior to the meeting two additional petitions
(from Woody's Superette and Broadway Village Apartments)
were received as well as a number of letters from persons
in opposition to the new Super America Station.
The items being requested by Super America include:
A) A conditional use permit for a cQnvenience store with
gasoline (the B-3 zoning district does allow a gas
station as a permitted use)
B) Conditional use permit for exterior sales (for items
such as windshield washer, charcoal, etc)
C) A variance to the rear yard setback requirement. The
rear yard setback requirement for the property is 356
feet and the building would be located 18 feet (at the
closest point) from the south area yard property line,
thus a 17-foot variance is needed.
D) The site/building plan review/approval is required for
the erection of any new building in the City.
Mr. McDonald pointed out that the majority of the
conditions for the CUP for convenience store with gasoline
are met with the exception of "area". City code states
that the site should have "a minimum lot area of 22,500
square feet and minimum lot dimensions of 150 ' x 130'
The City Council may exempt previously developed or
previously platted property from this requirement provided
that the site is capable of adequately and safely handling
all activities and required facilities." The minimum
street frontage dimensions are met, but the area
requirement is slightly under the 22,500 requirement as
the property contains approximately 19,200 square feet.
Staff originally recommended approval of the request
mainly due to the fact that the site is zoned for an auto-
oriented use and staff felt that a new development would
be a significant improvement over the existing vacant
building on the site. Staff did express a concern at the
Planning Commission level regarding the outdoor sales. It
February 10, 1992
is felt that it may set a precedent and may present a
cluttered appearance, at the site. He explained that since
the 24-hour operation request is being dropped, staff
questions the practical application of outdoor sales since
the items would have to be hauled in/out of the building
twice per day.
On February 4th, the Planning Commission recommended
denial of the request (5/3 vote) stating the variance
request was unacceptable.
Subsequent to the Planning Commission meeting, Super
America has submitted new plans which do not require a
variance. Super America is now requesting that the
Council consider either the original plan or the revised
plan which eliminates the need for a rear-yard setback
requirement.
Renderings of both the original and revised plans were
illustrated to the Council and audience.
Mr. McDonald indicated that staff favors the original plan
since it is more a more aesthetically pleasing building
with the corner cut and the number of glass panels.
Therefore, due to the aesthetics of the building and
because there was such a large distance (222') from the
SuperAmerica to Anthony James Apartments, staff felt the
variance was justified. However, the Planning Commission
did not feel it was justified so Super America submitted
a new plan which shows they can construct a new building
on the site and meet the rear yard setback requirement of
35' but the aesthetics of the building would change. He
noted the revised plan contained a square box-like
building.
Councilmember Enck clarified that Super America has an
interest in developing on this site with or without the
variance. He stated the convenience store use does
require approval by Council. Mr. Enck indicated there is
a trade-off in aesthetics between the two plans.
Mr. McDonald stated one of the options in the zoning code
indicates that a variance can be granted if there is a
hardship to the property (narrowness or shallowness of
property or topographic or water conditions).
Mr. McDonald showed the landscaping plan which has been
revised several times. He stated the revised plan has
landscaping along the east side and south property line to
buffer headlights, noise, and congestion caused by the
station.
Councilmember Enck pointed out that this lot is considered
"left-over" property and there would be a hardship to get
New Hope City Council
Page 6
February 10, 1992
a reasonable development not only on this lot but on a
number of other vacant parcels throughout the city.
The Council discussed the outdoor storage request.
Mr. Donahue reported that the items Super America intends
to have located outside include pop, windshield washer,
and dog food, and are not typical gas station items.
Councilmember Enck commented that historically the City
has not allowed outdoor storage.
Councilmember Otten questioned whether the Holiday Store
on 36th Avenue has outdoor storage.
Mr. Donahue replied that it does not have outdoor sales.
Councilmember Otten asked Mr. McDonald to elaborate on the
change in plans and how it affects the structure.
Mr. McDonald showed the building with the variance and
explained that it would have the glass front and the
corner cut. The revised plan (without the variance) would
be located farther north and would be more of a box-like
structure similar to other SA stores. He stated staff
felt the store proposed for New Hope in the original plan
was quite unique.
Councilmembers Otten and L'Herault inquired whether the
size of the two buildings are similar.
Mr. Michael O'Donnell, Design and Construction Department
of Super America, was recognized. He stated approximately
six months ago he was directed to devise a design that
meets the-design parameters of 1) unique architecturally
pleasing building; and 2) to direct activity toward the
corner of the intersection (northwest). He explained that
a building could be constructed on the site without a
variance and it could be approximately 500 square feet
larger than what was proposed originally.
Mr. O'Oonnell called attention to the proposed "corner
check-out" building stating it would be of masonry
construction, the blue awnings would be illuminated, and
the SA logo would be at the peak. He also explained the
landscaping plans for the east side consisting of techny
arborvitae (coniferous tree-like shrubs) and additional
junipers have been added to improve the screening effect.
Junipers have also replaced lilacs on the south side for
improved screening.
Mr. O'Oonnell stated Super America prefers the corner
check-out plan since it directs activity toward the corner
and it allows parking in front as well as on the southern
New Hope City Council
Page 7
February 10, 1992
portion compared to the other plan where all parking would
begat the southern portion.
Councilmember Enck initiated discussion regarding the
communication system used from the pump islands to the
office.
Mr. O'Donnell explained that the federal government
requires communication with customers at the pump islands.
He noted that the volume can be reduced. He introduced
Mr. Bill Bail, SA zone manager, who would be capable to
address questions relating to operations.
Councilmember Enck commented that often times he receives
a message from the SA employee: "Go ahead on Pump 3", when
in fact he has already begun pumping gasoline into his
vehicle.
Mr. Bill Bail, Zone Supervisor for SA, was recognized. He
explained that this is a method used to control the
islands and to prevent customers from not paying for
gasoline. He pointed out that this acknowledgement tothe
customer makes them 'believe they are being closely
attended. He stated the speaker system cannot be totally
eliminated but Super America is more than willing to
install a governor of some sort onto the speaker system
which would automatically reduce the volume at an agreed
upon time.
Councilmember Enck questioned security measures. He also
asked if SA experiences problems with litter such as oil
containers and candybar wrappers.
Mr. Bail responded that at least two employees are on duty
and there are cameras, hold-up alarms, and remote buttons.
He indicated litter will occur and as a zone supervisor,
it is his responsibility to see that it is does not blow
all over the neighborhood. He stated SA personnel patrols
the neighborhoods to pick up trash a few times per week.
He also explained the neighborhood clean-up program in
which coffee and donuts as well as trash bags are PrOvided
free to neighborhood block clean-up groups.
Councilmember Enck asked Mr. Bail if the outside storage
is purely psychological or whether it is a financial need.
Mr. Bail stated there is some financial concern. He
explained that there are some detriments to storage of
certain items such as fertilizer. He noted that when bulk
items such as charcoal, windshield wash, and anti-freeze
are put on sale outside the store, the large quantity does
have a psychological selling factor to customers. He
noted the bulk items would be placed on two-wheel carts
for easy movement in and out of the store.
New Hope City Council
Page 8
February 10, 1992
Mayor Erickson informed Mr. Bailthat the City Council
typically prohibits allow outdoor storage due to aesthetic
reasons.
Mr. Bail stated if New Hope does not allow outside storage
of displays, Super America will adhere to its wishes and
not store items outside.
Next, Mayor Erickson asked whether Super America is
agreeable to the $ a.m. to 12 p.m. hours of operation.
Mr. Bail affirmed that SA will agree to those hours for
this new store.
Mayor Erickson noted that he favors the corner check-out
building since it is a more attractive building and will
dress up the corner. He expressed empathy for the other
two similar businesses near this site; however, he
explained that the Council cannot deny a development just
because it is competition and it cannot practice
protectionism.
Mayor Erickson recapped the major concessions made by
Super America: 1) no outside storage, 2) reduced hours of
operation, and 3) reduced speaker volume at 8 p.m.
Councilmember Williamson inquired whether Super America
has considered the site for a gasoline operation only.
Mr. Bail responded that they have not done so.
Councilmember Williamson inquired whether the type of
products carried by Super America would differ depending
on the choice of building plan.
Mr. Bail stated the products would be similar; however,
the plan without the variance in which a square building
would be built could carry a larger selection of product
since it would be slightly larger in size.
Councilmember Williamson asked Mr. Bail to respond from a
marketing standpoint on how SA believes this corner will
be successful.
Mr. Bail responded that there is sufficient traffic in the
area and there is no Super America in New Hope on the
north end. He stated persons traveling on Broadway and
turning on Bass Lake Road don't make it to the SA store
located further down on Broadway. He also noted that the
SA store on Broadway is a successful operation.
Councilmember Otten asked whether Mr. Bail anticipates any
special requirements in terms of signage. He noted that
New Hope has a rather restrictive sign ordinance.
New Hope City Council
Page g
February 10, lgg2
New Hope City COuncil
Page 10
Mr. Bail indicated that they are complying to the sign
code. He also noted past experiences where Super America
developed friendships with apprehensive neighbors. He
stated he understands the concerns made by Woody's
Superette but feels there is enough.business for SA to be
located on the corner and for Woody's to remain a viable
business.
Councilmember Otten stated past studies indicate that a
convenience store of this nature does not generally
generate more than 15 percent of additional traffic. He
asked whether Mr. Bail believes that to be a correct
estimate.
Mr. Bail indicated he was asked that same question at the
Planning Commission and Super America is relying on the
information provided indicating there is approximately
11,000 vehicles traveling in the area. He stated there
will be some diversion; for instance, persons previously
traveling on 63rd may now travel on 62nd but it will be an
insignificant amount.
Councilmember L'Herault pointed out that even with the
large Super America on 36th and Winnetka there are still
two other gas stations on the other corners. He
questioned compliance to the sign code. Mr. L'Herault
also asked whether the canopy facia will radiate excessive
light.
Mr. O'Donnell explained that generally the canopies have
the "SA" on it but because of New Hope's sign code, the
plan contains Super America wording only. He stated there
are two sets of fluorescent tubes that run through the
facia and there isn't much light as a direct result of the
canopy. He stated the area lights are 16 feet high with
an 8 foot arm with lighting focused downward. He stated
with the lights directed downward they should not shine
into the neighboring lots; however, if there are problems,
shields can be placed on the lights.
Councilmember L'Herault commented that noise of the
speaker system can be carried a long distance especially
on a quiet summer's night.
Mr. Bail again expressed the willingness to install a
governor on the communication system during a specific
time period.
Mayor Erickson advised that if the project is approved, he
would recommend an 8:00 p.m. setting for the .volume
reduction.
Councilmember Otten inquired whether the higher volume is
even necessary during the day or if the lower volume could
be a permanent setting.
February 10, 1992
Mr. Bail stated he will review that possibility. He noted
that the governor costs approximately $700 and would only
be purchased if it is a necessary expense. He noted that ~-~
during winter months there are few noise complaints.
Mayor Erickson inquired whether a landscaping plan had
been submitted.
Mr. Donahue affirmed that Super America has submitted a
plan and the Planning Commission has reviewed it.
Councilmember Williamson inquired of the number of
employees.
Mr. Bail stated there will be a approximately 10 (a
manager, an assistant manager, 6 part-time people, and 2
full-time people).
Mayor Erickson invited the audience to comment on the
issue.
Ms. Karen Walders, representing Lang-Nelson (the
management company for Anthony James and Broadway Village
Apartments), was recognized. She noted there is a
mistaken assumption that the people living at the
apartment complexes are opposed to having a gas station at
the location. She clarified that what they are opposed to
is having the combination gas station/convenience store
since they strongly believe it will increase traffic on
the corner. She expressed concern of increased traffic
accidents as a result of increased traffic on West
Broadway. She pointed out that Broadway Village has two
driveways that access West Broadway and Anthony James
Apartments has only one driveway and that would be
directly next door to the Super America Station.
Ms. Walders also expressed safety concerns for children
who play at the nearby school. She spoke regarding crime
and referred to a comment made by Super America that there
is less crime with a 24-hour operation. She indicated
that it appears the business will not be a 24-hour
operation; therefore, there is a risk of increased crime
in the area. She conveyed the residents' concern
regarding noise even though governors may be placed on the
communications system and also noise resulting from semi
trucks during the filling of fuel storage tanks.
Ms. Walders stated the majority of the residents at
Anthony James and Broadway Village Apartments are senior
residents who have lived there longer than the average
homeowner. She noted the 800 signatures on the petitions
represent persons opposed to the combined gas station/
convenience store operation.
New Hope City Council
Page 11
February 10, 1992
Mayor Erickson noted that filling stations can only be
successful if they handle mechanical work. He noted that
outside storage of automobiles to be serviced would
probably be more offensive than a convenience store.
Councilmember L'Herault questioned the "increased crime"
issue.
Ms. Walders stated the residents are concerned with
vandalism and with the customers attracted by Super
America stores. She stated it may be a temporary
gathering place for teenagers and result in increased
litter. She agreed that Super America runs a clean
operation but there are some things that Super America
cannot change: certain things such as increased traffic
and the increased number of kids coming into an "elderly"
neighborhood.
Councilmember L'Herault indicated that he does not believe
it is a crime for young kids to gather in a particular
location. He asked how the Super America operation will
differ from the business across the site as far as
attracting teenagers.
Ms. Walders responded that the station across the street
is a smaller business and does not offer the selection or
have the size of parking lot proposed by Super America.
Mayor Erickson stated Super America's investment is quite
high and he does not believe they will tolerate loitering.
Mayor Erickson noted that if the planning case is
approved, it does not mean that future problems will not
be addressed.
Ms. WalderS indicated the one thing that will never be
solved is the increased concentration of the traffic and
the driveway which would be located next to the Anthony
James Apartments.
Mr. Steve Sondrall, City Attorney, pointed out to the
Council that the only factual information in the record
before them is a January 15, 1992, traffic report prepared
by Barton-Aschman Associates which indicates that there
will be no significant amount of traffic for this
neighborhood as a result of the construction of the Super
America. The report has been submitted bythe petitioners
and the Council is free to rely on the report or to
request another report. He also noted that the residents
from the neighborhood may submit a rebuttal report. Mr.
Sondrall stated from a factual point of view according to
the record tonight it does not appear that there will be
a significant amount of increased traffic.
New Hope City Council
Page 12
February 10, 1992
New Hope City Council
Page 13
Mr. Chuck Brooks, owner of Woody's Superette, addressed
the Council. He reported that if Super America is allowed
to build across the street, he will clearly be forced out
of business. He informed the Council that small
independent operations cannot survive against big oil
operations such as Fina and Amoco.
He noted that he purchased the site from Food & Fuel. He
questioned the economic practicality of this site for
Super America.
He stated the Council has the right to deny the setback
variance and also to deny the conditional use permit to
allow a convenience store. By not allowing the
convenience store, Super America will not build on the
site. He stated he even offered to sell his business to
Super America. He does not believe there will be enough
traffic to support this location.
Mr. Brooks cited former similar businesses which were
unable to survive in the area: PDQ, Food & Fuel, KO, and
Tom Thumb. He requested the Council to ask Super America
to prove how this corner can support their business.
Councilmember Otten expressed his concern for small
business. He questioned whether Mr. Brooks is making
assumptions which may not be true. He noted that Mr.
Brooks has an established business in the neighborhood
with a lot of repeat customers. Councilmember Otten
questioned why Mr. Brooks feels he would lose those
customers. He also commented that if SA does draw more
people into the neighborhood, it could actually enhance
business for Woody's Superette.
Mr. Brooks commented that SA can sell gasoline at any
price and will take volume business away from him. He
admitted that while the SA will increase traffic, he does
not believe it will be enough business to offset SA's high
overhead costs. He stated he understands how the SA will
enhance the corner property; however, he expressed concern
with his property and that he will be unable to sell it.
Councilmember Enck clarified that the Council actually
does not have the choices as outlined by Mr. Brooks. He
commented that precedent has already been set in New Hope
by similar situations in which the City granted
convenience stores in other locations. He noted it would
be difficult to legally defend reasons for denying the
request.
Mr. Brooks felt the difference may be the small businesses
jeopardized by such a store.
Councilmember Williamson pointed out two instances in
which the City granted convenience stores when there were
February 10, 1992
New Hope City Council
Page 14
existing similar businesses: 1) the Holiday station on
36th which must have affected business at the nearby PDQ,
and 2) theSuper America at 36th and Winnetka which must
have affected business at the FINAstation. She stated it
would be difficult to present a case for not allowing the
Super America store on West Broadway.
Hr. Brooks stated he does not believe Super America is
determined to build on this site and perhaps would be
unwilling to go to Court due to legal expenses. He feels
SA has the financial means for legal expenses if they are
still interested in pursuing the property.
Mr. Sondrall clarified the Council's role in considering
the application for a conditional use permit. He stated
the code sets out 18 conditions which must be considered
when dealing with this application. The Council's
function is to review that code section to determine if
all the conditions which apply to this convenience
store/gasoline operation are met and to make a
determination based on the facts. He reported that if the
Council determines that the conditions are met, then it
has no choice but to grant the conditional use permit
since to do otherwise would be arbitrary and compressive
and would be grounds for a court to overrule the Council's
legislative decision. He explained that there are other
items to consider over and above the specific conditions
set out in the code such as reasonable conditions that may
promote the provisions of the City's comprehensive plan
and zoning code.
Hr. Sondrall summarized that it appears that the property
is zoned properly for a gas station and convenience store
and the information submitted by staff indicates that it
is compatible with the surrounding land-use situations.
He continued by stating that the Council may not have much
choice in whether to grant the CUP or not. However, if it
finds there are things that are violative in the
comprehensive plan, zoning code, or specific conditions
for the conditional use permit, then the Council may deny
it.
Regarding the variance request, Mr. Sondrall indicated
that if the Council finds there is a non-economic hardship
for the variance then it can grant that variance and in
fact probably should grant that variance. He referred to
Councilmember Enck's previous statement regarding the
platting issues and agreed that the lot size may be
considered a non-economic hardship and sufficient basis
for the Council to approve the variance.
Mr. Sondrall noted the one thing that should not be taken
into consideration is the impact it will have on other
businesses within the community since that is not
something legislated in the City code.
February 10, 1992
Mr. Brooks inquired why the Planning Commission questioned
the impact a Super America store will have on other
businesses if it has no bearing. He stated he felt the
Planning Commission denied the case because the residents
were against it and they did not feel it was a needed
business.
Mr. Sondrall explained that the minimum lot size
requirement in the city code does not apply to already
developed or already platted property as is the case here.
Mayor Erickson commented that the Council would like to be
fair to the residents, developer, and business owners. He
pointed out that it is difficult to serve on the Council
and hear comments from small business owners and yet the
size of Super America cannot influence the Council's
decision.
Mayor Erickson referred to Councilmember Otten's previous
statement reminding Mr. Brooks that his business may not
suffer the consequences he is anticipating. He cited
situations where a new restaurant actually improved
business for an existing neighboring restaurant.
Mr. Brooks offered to gather data showing the effect Super
America stations has had on small similar businesses.
Mr. Mark Montgomery, 7307 62nd Avenue North, was
recognized and spoke against the Super America station. He
advised that the neighborhood believes the development
will increase traffic and will affect the adjacent
apartment complexes which for the most part have been
outstanding. He questioned what will happen if the senior
citizens and property owners are driven out of the
neighborhood and whether the Council desires a rundown
neighborhood such as those in North Minneapolis.
Mr. Montgomery indicated he does not believe SA will work
in the long-term. The gas station and the convenience
store across the street will both be forced to close;
therefore, two buildings will be vacant rather than one.
He believes the station will increase traffic and
jeopardize safety for persons commuting to the park and
school.
He explained that he would prefer an independently owned
full service gas station with car repair or a business
that would "give back" to the community. He commented
that if the project is approved, the Council will be
sending the message out to the City of New Hope that it is
siding for big business instead of the neighborhood. Mr.
Montgomery also expressed concern regarding increased
crime and traffic as well as the safety of children. He
requested the Council to listen to the neighborhood and to
New Hope City Council
Page 15
February 10, 1992
CLOSE #EARII~
New Hope City Council
Page 16
consider the wants of the residents by voting against the
project.
Mr. Mike Pulloch, operator of Woody's Superette, was
recognized. He commented that all three businesses will
not survive and the gas margins are such that if any
volume of sales are lost, the existing businesses cannot
survive. He questioned the need for another gas station
and requested extension of the meeting to continue the
discussions. He raised the issue of receiving proper
notice of the meeting.
Mr. Sondrall clarified that the public hearing was at the
Planning Commission and notice was duly published; in
addition, notices were mailed in the neighborhood. He
indicated those persons at the Planning Commission were
informed of the Council Meeting date, and additional
published or mailed notices are not required.
Mayor Erickson thanked the audience for their comments.
He indicated the comments made are all valid; however, the
fact that Super America is a large corporation cannot
influence the Council's decision. He indicated the
property has been zoned for a gas station for many years
and legally the Council has little control over stopping
a gas station operation on that site. He expressed
empathy to the business owners and residents of the area
who may be against the project. He did point out that
part of the Council's responsibility includes obtaining
realistic and attractive businesses such as the one
offered by Super America.
Mr. Pulloch stated he hopes that some day someone will
stand up for the small business people rather than
allowing the corporations to keep taking over control.
Mr. Donahue stated the Council should close the public
hearing if all public testimonies have been heard. He
advised that as pointed out by the City Attorney, there
are numerous facts and he recommends that the item be
continued so that staff may prepare resolutions both in
support and against the project identifying the facts and
both sides of the issue so that the Council can properly
consider them.
Motion was made by Councilmember Enck, seconded by
Councilmea~aer L'Herault, clest~ the ~lic hearing an
Planni~ Case gl-37, Request for Two Conditional Use
Permits to Allow a Outdoor Sales, a Rear yard Setback
Variance, and Site/Building Plan Review/Approval to
Construct a New Service Station at $144West Broadway
~05-~18-2! 2! 0035), SuperAmerica Group, Petitioner. All
present voted in favor. Motion carried.
Councilmember Enck clarified the items being requested by
February 10, 1992
ROTION
1992 STREET
SURFACE EVALUATION
(l#P. PRO0. ~485)
Item8.3
New Hope City Council
Page 17
Super America:
1) conditional use permit for a convenience store
2) rear yard setback variance
3) site/building plan review
Councilmember Enck questioned the need for an annual
inspection.
Mr. Oonahue explained that if outdoor storage is allowed,
an annual inspection would be a typical condition.
Councilmember Enck noted that the City has a history of
not allowing outdoor storage and he does not wish to break
that precedent.
The Council discussed the outdoor storage request and for
the record asked a representative from Super America to
formally withdraw that request if it is their intention.
Mr. Bill Bail confirmed that Super America is agreeable to
the hours of operation from 6 a.m. to 12 p.m. and is
agreeable to adhering to the City code of no outdoor
sales. He withdrew the request for outdoor storage.
Mr. Bail did advise that if the City provides permits for
occasional outside displays, they would be interested in
obtaining such.
Motion was made by Councilmember Enck, seconded by
Councilmember Otten, t~~..~llaatngCase 91-37tostaff
for findings of fact ta'~~*{dered at the February
or Rarch g, 1992, Council Reettng. All present voted in
favor. Motion carried.
A question from the audience was raised as to whether the
Council takes into consideration the decision made by the
Planning ,Commission.
Mr. Sondrall informed the audience that the Planning
Commission is an advisory body for the City Council in
that their recommendation is an advisory recommendation
that can either be rejected or accepted by the City
Council. He continued by stating that while the Planning
Commission certainly has a good deal of credibility, its
recommendation has no persuasive authority in connection
with the City Council's decision.
Mayor Erickson introduced for discussion Item 8.3,
Resolution Accepting Preliminary Report on 1992 Street
Surface Evaluation, Improvement Project No. 485; and
Ordering Preparation of Feasibility Report on Improvement.
Mr. Mark Hanson, City Engineer, stated the 1992 street
surface evaluation report has been completed and includes
surface and strength evaluations of each street. He
February 10, 1992
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPZN COUNTY, MINNESOTA
~BRUARY 4, ~992
CALL TO OP3)ER The meeting was called to order at 7:00 p.m. by Chairman Cameron.
ROLL ~ALL
Present: Zak, Sonsin, Cameron, Gundershaug, Cassen, Friedrich,
Underdahl, Lifson
Absent: Watschke
Also present: Kirk McDonald, Management Assistant; Steve Sondrall,
City Attorney; Alan Brixius, City Planner
1-37 (3.2). Chairman Cameron introduced Planning Case 91-37 and called on Kirk
REQUEST FOR ~WG McDonald, Management Assistant, to review the case. Mr. McDonald
CONOXTZONAL noted that the case had been before the Commission in December and
PERMITS, REAR was tabled at that time for review of a number of issues, including
YArD SETBACK concerns of the residents in the area. He added that the City has
VARXANCE, SXTH/ received correspondence and petitions from residents in the Anthony
BUTZ3)ING PLAN / James and Broadway Village Apartments and from Woody's Superette
APPROVAL, 6144/ objecting to the request, and recommended that all petitions and
WEST BROADWAY/ corr..pond.nc, be entered into the record. He review.d th. i..ue.
discussed with the petitioner at the January 16th Design & Review
................................. ~ meeting, such as traffic analysis, increased landscaping on the
south and east sides, distance to adjacent structures, height of
outdoor sales items, and neighborhood meeting between residents and
Super America, and as a result of that meeting Super America has
submitted revised plans. As a result of a December 17th meeting
with the residents Super America notified staff that they were
withdrawing their request for 24-hour operation. He highlighted
two points from Super America's traffic data report which noted
that convenience stores with gas pumps do not generate significant
new traffic volumes on the street system and that approximately 87%
of the traffic entering and exiting the convenience store with gas
pumps is already on the street passing by the facility. He called
attention to the tope map showing the distance between the station
and the Anthony James apartments as 222'. He referred to staff's
concern regarding-outdoor sales items and added that the petitioner
has provided a site plan with locations for these sales items and
has agreed to stack them no higher than 4 feet. He noted that the
City Manager has a concern about how outside sales will impact the
appearance at that corner.
Michael O'Donnell, Architect for Super America, spoke about meeting
with the neighborhood residents to hear their concerns which
resulted in the withdrawal of the request for 24-hour operation and
the change in plantings to provide more ~border screening. He
present~ a concept sketch and a revised landscaping drawing. He
noted that the outdoor displays would probably be limited since it
would have to be hauled out in the morning and back in at nigh=
under the limited hours of operation.
Mr. Bill Bahl, Zoning Supervisor for Super America, introduced
himself and noted he would answer questions.
Commissioner Gundershaug noted that changes for additional land-
scaping as suggested by Design & Review were satisfactorily carried
out, but his main concern is the handling of outdoor sales items.
Mr. Bahl noted that they keep some items outside because they do
not mix well with items inside the store, such as lawn fertilizer
in the spring and charcoal in the summer, both being bulky items,
and he added that items on sale, such as anti-freeze, oil, wind-
shield washer move better if displayed than stored. He indicated
that items would be on carts to be moved in and out, with the
exception of water softener salt which is too bulky to move but
would be covered with a tarp at night. He added that they would
discontinue selling water softener if sales did not warrant it.
New Hope Planning Commission -1- Fabrua~y 4, ~92
Commissioner Underdahl asked that the crime issue be discussed a
little more thoroughly as residents had expressed fears of
increased crime since the closure of one store in the area.
Mr. Bahl replied that a well-lit facility would tend to drive crime
away as there is nothing to attract persons to hang around there,
no games, etc., and noted that they monitor their lots, and do not
permit loitering. He added that the hub-hub of a gasoline station
has a tendency to discourage loitering.
Commissioner Cameron asked if there is enough traffic there to
justify the investment and if so where does it come from and can
the facility survive in a residential neighborhood.
Mr. Bahl answered that they would not be building there if there
wasn't the potential on the street for business, and cited several
neighborhoods throughout the metro area that successfully support
this typo of operation in a residential area.
Chairman Cameron wondered if the facility will be owned and
operated by Super America and Mr. Bahl confirmed that they no
longer franchise =heir stores.
Commissioner Underdahl expressed concern regarding the increased
traffic on 62nd Avenue and the hazards for the children walking
from the school and playground.
Mr. Bahl commented that they do not anticipate any additional
traffic than what is there~ already. He noted that at some
facilities they have put Up'"no left turn" signs to direct traffic
and they would entertain that idea here if they found a problem.
He added that their greatest business is in the evening after the
schools have closed.
Chairman Cameron called for input from the audience regarding the
case.
Mr. Mark Montgomery, 7307 62nd Avenue North, addressed the
Commission and stated that he lives 3 lots down from where the
facility is to be built. He expressed his concern for the children
that go to play at the school playground and the park after school
hours, his concern that the neighborhood cannot support another gas
station or convenience store, and a concern that crime in the area
has increased in recent years. He emphatically stated his hope for
the City to listen to the neighbors who oppose this facility being
built.
Karen Walders, representing Lang-Nelson, owners of the apartment
building, stated she had addressed the Commission in December and
has since met with a group of the residents from Anthony James and
Broadway Village and representatives from Super America, but does
not feel that their concerns have been alleviated. She commented
on the increased traffic, noise level, and~bright lights that will
effect the apartment residents. She noted the petitions that have
been filed against the request and expressed hope the Commission
would hear what the signers were saying.
Mr. Chuck Brooks, owner of the property where Woody's Superette is
located and representing Woody's, reported that he had also spoken
to the Commission in December and expressed his concern =ha=
Woody's would be put out of business by the addition of Super
America in the neighborhood. He noted two other units that had
closed as the neighborhood cannot support two of the same types of
business. He expressed the opinion that the neighborhood would be
left with another eyesore building across the street if Woody's was
forced to close.
No other comments was forthcoming from the audience.
Chairman Cameron then expressed his belief that although no
add~tional traffic might be generated, the neighborhood traffic
would be concentrated on that corner. He expressed his opinion
that it was too big an operation for the size of the proper=7,
since a 50% setback variance is being requested to build there.
Now Hope Planning Commission -2- February
Commissioner Underdahl expressed the opinion that the concerns of
the neighbors have not been truly addressed.
MOTION
Motion by Commissioner Gundershaug, second by Commissioner Cassen,
for approval of Planning Case 91-37, subject to the conditions:
1. Annual inspection for CUP as required by staff.
2. Performance Bond be required for site improvements including
Landscaping, curbing, and retaining wall.
3. No 24-hour operation.
Voting in favor: Caslon, Gundershaug, LiSsom
Voting against: Friedrich, Sonsin, Zak, UnderdahL, Cameron
Absent: Watschke
Motion denied.
Chairman Cameron informed the petitioner that although the
Commission has not recommended approval, the request will be
forwarded to the City Council for a hearing on February 10, 1992.
PC 91-42 (3,2)
REQUEST FOR
SITE/BUILDING
PLAN APPROVAL,
CONDZTZONAL USE
PERMITS, SIDE
YARD SETBACK
VARIANCE, 3535
WZNI~ AV X
Chairman Cameron called for Planning Case 91-42 and noted that
there was a request to table.
MO~ION
Motion by Commissioner Gundershaug, second by Commissioner Sonsin,
to table Planning Case 91-42 for one month.
Voting in favor: Zak, Caslon, SOnlin, Cameron, Gundershaug,
Friedrich, Underdahl, Lifson
Voting against~ None
Absent: Watlhcke
Motion carried.
PC 92-02 (3.3) Chairman Cameron called for Planning Case 92-02 and Kirk McDonald
REQUEST FOR outlined the request for a variance to the 3S-foot rear yard
VARIANCE TO 35- setback requirement to allow construction of a 14' x 16' (224
FOOT REAR YARD square feet) three-season porch on the southwest side of the
SETBACK TO existing home in the rear yard at 3433 Gettysburg Avenue North. He
ALLOW CONSTRUe- noted that there is an existing deck there and the request is to
TION OF TH3tEE- construct a porch on top of the deck which will be located, at the
SEARSON PORCH closest point, 22 feet from the rear yard property line. He
3353 GETTYSBURG pointed out that the property is irregular in shape because it is
AVENUE NOR~ll located on a cul-de-sac, but the existing structure does meet all
the required setbacks and staff does concur that there is a
hardship because the home cannot be expanded elsewhere. He called
attention to the topography and screening of the area as shown on
the new topography maps which the City has recently secured.
Michael Gray, petitioner, was present to answer questions, but the
Commission had none.
MOTXON Motion by Commissioner Sonsin, second by Commissioner Zak, to
approve Planning Case 92-02 subject to conditions:
1. Revised elevation drawings be submitted to clearly illustrate
that design of Porch and building materiaLs wiLL be consistent
with existing home.
2. Prior to construct£n an *'as-buiLt' survey be submitted to
verify setback and lot to be staked by surveyor at time of
building permit application.
Gundershaug,
Voting in favor: Zak, Caslon, Sonsin, Friedrich,
Underdahl, Lifson, Cameron
Voting against~ None
Absent: Watschke
Motion carried.
New Hope Planning Commission -3- February 4, 1992
(3.2) Clta~ Cameron £ncroduced PlannLng Ca~ 01-32 ~d ~. ~c~ona~d
~~~LC~L~, convaleicenc ~s, rest h~e, n~wLng h~ ,
..... Co o~ rev baeLng ~k~ng s~w on c~ n~r of
~1~ er~eo ia g P
~. ~~ Co conC~r~ ~Y c~e cenCecm vhLch may nec provide
~~1 ~s ~ol. C~e n~r o~ students e~o~l~. The PLying ~nwulCanc
~ has eu~ ~her c~nLC~ee ~y ~e p~k~ng r~ac~one and
c~LnatLon ~.n~r of ~loy~ and e~o~nC ca.cloy ~or day
c~o centers, ~8ch~o, ~d ~8e~ ech~L8 vhLch Lo
rrm ~nvalewce~d rel~
a~Ly ~o conc~r~CUe_cen~l~I.
wcrLn~nC r~Lr~nC ~ Lc ~s znco conwznerac~n ~n-
~ve~nC of ~r~wC~g amy c~e centers.
~sw~oner rr~~ ~w~ agr~nC v~Ch ~he decision ~or
~ro wcr~enc wc~d Mca~Che day cue buw~neee ts d~e~op~ng
so rapLdLy. ~
ChaL~ C~ro~eec~on~ wca~aw to C~. n~r o~ ~r~-~C~d~
c~rcLal dm~C~O centers Ln~~y t~aC ~e 8c~am ~uza
a~Xy Co.
Sch~l vhLch pr~ thinest ts c~ only ~ree-
c~rcLaL day c~e center aC ~ent.
~se~one= SonsLn, o~ ~ ~ww~oner fr~r~ch, to
Pl~ ~oe 01-33, ~ ~e ~~ ~e I~ Hope
~ ~ MLs~ ~ Off-ltmt fmr~ ~~nts for Day
~tero ·
~otLa~ ia favors Sak, Ioneia, Cimron, OundorslLaug, er4odr~cb,
...'LLfoou, Uuderd&hl
Vo~Lng agaiae~, lone
~ Absents C&eeen, Witeoldm . .
~. ~ o~CL~ ~C c~ ~o a n~r o% zssue~ znv~v-~ .
~ 0%~/~~ ~ ~e~. ~ wur~undLnq L~d u~ L8 hLgh-denoLC~ roa~eflc~a
~ ~ ~ ~ Co eM o~e, ~n~or c~t~zen ~ phywLca~y ~Lca~ rew~deflc~a~
~ I I I V % C B/ .... ~ ..... % --- cea
CLty ~cL~ My u~ previously pzacc~
r~rmnC tf t~ elco
&cC~v£C~ee and required f&c~l~Ciee. He
houri of operation~ clause £n CAe code Which ~c~udee
~LghC ~o 6~00 a.a. un~eee ~d~ ~ C~ C~Cy ~c~. The
~bac~ v~L~ce ts ~g r~e~. ~. ~~d ~ a gross~
non-confo~g ~rb ~C on C~ olde
cor~ vLCA C~ r~Lo~nC of cae IL~e.
has r~L~ ~ ~a~i~ ~d pr~e~ s~ge
leu lope I)XmJ. ag ComA feLon
~ iCaC~ C~C Choy ~ ~nC i ~C
i~orel ~ ~ ~LI~ pr~L~ely. ~ ~l~ a conc~ ~av~ng of
~c.~ .a~e. ufa vLXX M X~ac~, ~ ~y ~cm w~ ~e
dLlpLa~ a~ ~y o~ C~ of C~ ~y,
c~ ue ~ a~X~ Co ~n ~n 24 ~s a day, vhaC CAe C=ash
encLo~ will ~ ~L~C of, Lf r~op ~L~nC v~l ~ ~Anc~ co
~. o'~~ ~c~ ~c 3 ~eae pl~ for ouc~r oalee, adding
C~C a mm of c~ ~cm will M d~epla~ aC ~y one ~,
encXo~ v~lX M of br~ck co u~ch
all ~ ~lAgh~, ~ lparl vLll ~ d/~Lonal vol~-
cont:oXl~.
~llLone: G~:lhaug f~h~ ~el~Lo~ C~ of gal deliveries
n~n o~ late aC nLghC.
while t~ ~e ~load/nq cae gal. b umrK Chic in~ will ~e
~ilLn: G~:lhaug cautLon~ tM ~t~one~ co ~ &wire of
~ L~cap~, ~a~ owa~L~ ~ t~C c~ ~Aghts v~ll ncc
Ib~ ~0 t~ u~ Co t~ I~th,
~, ~ ~ C~ will M I~L~I~. ~ ~Lnt~ ouc the
~IIL~ ~nderlhaug r~~ t~C m~hAnq that vii ilke~
f~ ~ ~L~ & ~L~ has ~n c~XoC~ ~d rev~.
~~ ~n ~eiC~on~ staff
~e Co ~ ~r8 on CM c~
~ll~OMr ~ne~ LndLcaC~ ~ ring ~ hi~ I p~lm vLCh cae
8L~ pl~, ~ ~zese~ conc~
~a~on M~ a dLs~urb~ce ~o t~ ~oL~nte, ee~a~y dur~fl~
~. O'~ll ~XaLn~ Chat they pl~ to ~ the grote encraflce
on c~ ~r racer tb~ ~fl c~e center o~ cae ~nC so as co
d~ a~LvLCy Co ~ ~g~e ivey frM CAe ~ronc.
-3-
Chi~FmiA Cameron ~ndered ~f chore was enough demand ~or · vol~ne
iCaC~on ~n Cha~ Area 8Ad ££ LC w~l be I v£&bly economic
~. O'~ell ropl~ ~ha~ ~h~ have n~e= bu~ a s~a~ofl
~hey had ~o c~oee, a~Chough Chey~ughC eM ?-~l icorei ranch they'~
hid Co c~ole. Hi idd~ chi~ choy ~e ~cc~ ~n on~y C~
convenience score across c~ icmc Ln d~e~ c~c~C~on.
Cha~ CMron ae~ v~c choy ~ld do LZ Oho C~cy says che~
c~oc have I 24-h~= o~=aCton.
~8u~ of C~ 8~-nLgh~ ~rs, ~d ~n~r~ ~ h~gh cae suedes=
oa~e8 Mrch~dL~v~ M 8Cac~ ~d Lf ~ o~ac~ v~ b~ock cae
v~n~e ~d Lf Choy cause
~. O'~oLL ~M=~ chic Ch~ tLnd chore La ~ill c=~ Lna 24-
identify h~el~, s~ Co the ouCd~r sales ~eoCLon. He seated
~. o'~e~ e~LaLn~ chac chore Lo a ~Lgh~ ~d buzzeF ~nl~de
~h8C ~l I~v~C~ vhen the ~ h~d~e LI ~C~, buC ~C ~s
~LoaLoner SeniLe dia~oa~ Oho h~rg of o~raCLon ac ocher
oCaCLonl Ln ~he ~ea ~d conclud~ ~ha~ ~ot do nsc stay o~fl
lltO0 ~ or ~AghC. He i~ac~ cha~ he d~l nsc lUp~Fc cae
e~end~ h~rl,.bvc dna sup~ CAe teac of the
Chai~ ~ron call~ ~o~ ~ ~tm the audience ~ud~ng ~e
~en Waldeto, ~epresenc~ng the ~agmnC c~p~y ~or
jMg ~B~Way V~lla~A~n~l v~Ach~r~r ~he o~e, called
attention ~o ~M~tL~Lon e~e ~nt co c~e CL~M ~n o~e~cLon co the
pL~. S~ g~ on ~al~ of C~ 4S0 ~o SOO oenAor ~eoLdenCs
C~ ~ c~l~ee ad. easing CheLt conce~ ~udLng the no,se,
Cha~~ron r~eeC~he~C~C~onMacce~~d ~flc~uded as
~. C~oo Bm~ ~er of W~y'l ~oc8~ 8c~oll. the
~her ~n~ence ,Co~ ~d ,~aC~on. He ICi~ Chic he
~cCen Co CM p~e~denCe of Suer mrLca ~ ~hl~d O~.
Iv~L~. ~ ~ C~C S o~ 6 ~l Ago he =~el~ exCeflded
~o gr~c~ 24-~= o~=ac~on ~d ~C~r, he vLl~ ~ve Co ask
c~ sm Ln order Co tmon c~cLc~ve. ~ ca~ attention co
C~ su~recceo ~hac had recently clol~ ~ che ~ea.
~raff~c on lroa~ay ud the bright ~ghCe.
.&. ~~r ~, 1991
ne~g~rs. ~e sugges~ ~hat s~ne ~rm Suer mr~cl ~rson4117
m~ ~h ~he neXq~rs ~d he~ ~he~r concede.
~. O'Do~e~ repl~ chic he v~ll fo~ C~ough on cae luggenc~o~
co m~ v~C~ ~he
~le~one~ Gunde~lhlug i~:illK ~1 o~e~C~on Co ~onge:
noc~g C~ Chi ordin~ce l~iCing hours of o~riCion All held ~p
~. O'Oo~eL1 cBnC~ Chic on ALs way co CAe mC~ng he had
ico~ i~ i ic8~on on 42nd vas Cold the CMy are ope 24 bouts.
The ~eeLon teferF~ ~he Meter Co eCaf~ Co check ~f ~heFe ~e ·
vLoLeCLon of Chi c~e eC Chic elco.
~ by C~es~oner
Fr~Lch,
favor; tak, IoneLu, Caierou, Ounderehaug,
Z~Lfeou, Underd~LL
ig&Lue~: lone
Fr~odr£ch,
ChlLnua Clli:on Ldv£11d thole present Ln CAe LudLence ChLC C~e
COle ~o~ld 1:4 heard agaLfl on Jinua~F ?ch.
The CommLeeLon dLrecCed ecaf£ ~o rice. ch Chi S or 6 ye~ o~d case
PC 9l-&O (3.4) Chill'Bin Cameron called for Pl&nLng co
expL&Lned Chic Grand Sl~ had rlqUelCed and roceLvod LpprovL1
O~co~or co puc Che£r op~roCLon into CAs ChLcago CuCLeFF BuLLdinq,
buC CAe Lo&lo arrangement fell through, lo Choy eeuoMid for and
fo~ndanoCher Lo~&CLon Ln N~vHopeandirereCul L rec~esc
for i condLCLonal use per.LC and lice plan review
&i~ro~II, He ouClLnedche :echoic co .00 I~uare feec
buLLdLng, w£Chex&ccLy CAe llMUlei Lf LC CAe former s£te
rich houri of spit&else 'Co be 10: I. co 10:00 p.m. Sund&y
through Thurld&y, and 10:00 L.m. FrLdly and SLCurday.
He noCedChe lurroundLng land ~nclude CryeClL
and rei~dencL&L Co WlC, ril~denCLll Co talC, warehouses
and south, and a I~LLy non-confoFmLng home on west
of ~ouLe~an& Ln Ney He celled attention co chi
Cbs code zIq~Lte L coemercLiL recreiCLonaL nice
Lc on an :rest and LouLeLani Il only L collector
vhLch could tLte I CrlffLc IngLne~r'l anllylLi prior
dove. or Co illUZl ~l~BenC for luch £f £c vii
licit. Hi ixpLaLned Chic DelLgn & Review
code Leeuel, pLckLng, I~gn, Landecap£ng, et:.
Ind reTLf te veto e~xnLCCed v~Ch all concerns corrected
code for eLgn and piurkLng are eeC.
~ ed~ceeeed chi ~eeCLon of youths Lo~Cer~n;
~n Chi and vhiC eeeeuree vouLd be uled co concro~
vhaC would be, and he asked for explanation of
.andlC&pLng vLlkvoy acceilLng CAe pirkLng LoC ac
and CAe door Chic curtenCly eXilCl.
ita~, Grand Slam ~Lve, roplLed Chic Chey have
i ptoblelbu~ Che~r :cesta &re CypLcally a Little olde~,
CAere vii any would cikl neCell~C~ lillU:tl
correc~ L~. He ouCLLned ch&~ddLCLon of 4 blue Ipmce LC cae
InC~y roy, CAe lipA&lc v&lbl~.uound cae buLldAng, and explainer
Chic CAe plan for CAe overhead d~r ~e Cs milk LC eve: and plier
~o march CAe buLLdLng lo ic il legs obCrulLve.
ChaLzuan CiMron wondered i£ caere v~L1 be any~hLng ~ne~de
P I iix 2 ,
PLadl 20
ALLOW
CGliPLIZ Il
X-I L~MZLm)
lliOOlLIX
710! 3I~Z IV,II.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case:
Request:
Location:
94-12
Request for Variance to Allow Air Conditioning Unit in Side Yard
3352 Boone Circle
PID No.:
Zoning:
Petitioner:
Report Date:
Meeting Date:
19-118-21 13 0043
R-1
Donald L. Ruch an Harold E. Teigen
April 25, 1994
May 3, 1994
UPDATE
The petitioner is requesting a variance to the,requirement that air conditioning cooling
structures or condensers be located in the rear yard behind the rear building line to allow
an air conditioner in the side yard less than ten feet from the property line, Section
4.032(3) - New Hope Code or Ordinances.
The purpose of this request is to allow the existing installation of an air conditioner in
the west side yard near the southwest comer of the house to remain in place. As
previously discussed, the permit clearly states that air conditioners must be located in the
rear yard, but this is located in the "official" side yard, even though it is near the rear
of the house. The petitioner states on the application that this is the best place for the
air conditioner because it is not seen from the front yard due to the topography and is
not in the way in the rear yard.
The property owner directly to the west at 3350 Boone Circle has written the attached
letter stating that they have no problem with the proposed location of the air conditioner
and that the location is satisfactory to them.
4. The specific variances being requested are:
Ao
A two foot variance to the ten foot side yard setback requirement to allow an air
conditioner eight feet from the property line, and
B. A variance to allow an air conditioner in the side yard.
o
The existing structure meets all setback requirements with a ten foot side yard setback
on the west and a five foot side yard garage setback on the east. The property is pie-
shaped with a 63 foot width/frontage onto Boone Circle and a length of 128 feet.
Planning Case No. 94-12
April 25, 1994
Page 2
The property is located in an R-l, Single Family Residemial Zoning District and is
surrounded by single-family land uses.
The topography of the property slopes downward from a from yard elevation to the rear
yard.
Property owners within 350' of the request have been notified and staff have received no
comments on the request.
ANALYSIS
The purpose of a variance is to permit relief from strict application of the zoning code
where undue hardships prevem reasonable use of property and where circumstances are
unique to the property. A hardship may exist by reason of narrowness, shallowness, or
shape of property or because of exceptional topographic or water conditions. The
hardship cannot be created by the property owner and if the variance is granted, it should
not alter the essemial character of the neighborhood or unreasonably diminish or impair
property values in the neighborhood.
"Undue hardship" as used in connection with the granting of a variance means the
property in question cannot be put to a reasonable use if used under conditions allowed
by the official controls, the plight of the landowner is due to circumstances unique to
his property not created by the landowner, and the variance, if granted, will not alter
the essential character of the locality. Economic considerations alone shall not constitute
an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Additional criteria to be used in considering requests for a variance includes the
following and the Planning Commission/City Council shall make findings that the
proposed action will not:
B.
C.
D.
E.
Consistem With Purpose of Variance. Be contrary to the purposes of a variance.
Light and Air. Impair an adequate supply of light and air to adjacem property.
Street Connections. Unreasonably increase the congestion in the public street.
Public Safe _ty. Increase the danger of fire or endanger the public safety.
Property Values. Unreasonably diminish or impair established property values
within the neighborhood, or in any other way be contrary to intern of City Code.
City Code states that certain structural elemems or equipmem shall not be considered as
encroachmems on yard setback requiremems and air conditioners in rear yards are
permitted encroachments. However, air conditioners are not allowed as
encroachments in side yards, thus a variance is required.
Planning Case 94-12
April 25, 1994
Page 3
Section 4.032(3) of the Code, "Accessory Buildings, Uses and Equipment" further states
that "no accessory uses or equipment such as air conditioning cooling structures or
condensers which generate noise may be located in a required side yard except for side
yards abutting streets and in such case the equipment shall be fully screened from view.
This property is an interior lot and the side yard does not abut a street.
In 1992, the Planning Commission recommended that the City Council approve an
ordinance amendment to the section of the City Code regulating air conditioner setbacks.
The amendment addressed the replacement of air conditioning condensers currently
located in side yards as non-conforming uses, not the installation of new units, therefore,
the amendment is not applicable to this situation.
7. The City code 4.032(3) has two basic premises behind it:
A)
Noise problems are serious when sleep disruption occurs and health is impacted.
An air conditioner placed between houses with bedrooms adjacent is a formula
for conflict. The time to consider noise is before placing the noise source. With
nearby adjacent buildings and a noise source on the ground, there is the potential
for both direct and reflected noise.
B)
Aesthetic problems with equipment viewed from the front ~treet as unsightly.
This matter is routine to solve with shrubbery or a decorative fence between the
equipment and the street.
The topography of the property and the shape of the lot could be considered as hardships.
Also, in this particular situation the unit is not visible from the street and the adjacent
neighbor has consented to the existing location.
RECOMMENDATION
Staff recommends approval of variance to allow the air conditioner to remain in the side yard.
The Commission may want to require that several shrubs be installed in front of or around the
unit to screen it from the adjacent property.
Attachments:
Section/Zoning/Topo Maps
Site Plan
Site Sketch
Correspondence from Neighbor
CHURCH
SONNESYN
ELEMENTARY
SCHOOL
TH
HIDDEN
VALLEY
PARK
.L i i I i
AVE:.
AVl
zI ~ 3! ~
NORTHWOOO
PARK
k~l: JOSEPfl'S
CATHOLIC
$ONNESYN
ELEMENTARY
SCHOOL
NORTHWO00
PARK
BETHEL
CEMETERY
B-4 R-4
1'2
SUNNY
HOLLOW
SCHOOL
;, PAR~
B.4
1.1
960.9
X
955. 1
X
4242
33RD
'
952.7
X
'956.4
X 951.9
96 .8
×
964 :
953.4
AVENUE
42 957.1
,~r'l
955.5
958. 7
x
Planning Case:
Request:
CITY OF NEW HOPE
PLANNING CASE REPORT
94-13
Request for Code Text Amendment to PUD Area Requirement/Ordinance 94-06, An
Ordinance Amending the New Hope Zoning Code by Establishing a Residential/Office
PUD Zoning District and Eliminating the Area Requirement for Mixed Use PUD
Districts
Location:
PID No:
City-wide
Zoning:
Petitioner:
Report Date:
Meeting Date:
City of New Hope
April 25, 1994
May 3, 1994
BACKGROUND
This is a request by the City of New Hope for a code text amendment to amend regulations
governing PUD Zoning Districts and Rezoning prOperty, pursuant to Sections 4.29A, 4.192(14) and
4.195(2) of the New Hope Code of Ordinances.
Staff is requesting that the Planning Commission and City Council consider adoption of the enclosed
Ordinance No. 94-06, "An Ordinance Amending the New Hope Zoning Code by Establishing a
Residential/Office PUD Zoning District and Eliminating the Area Requirement for Mixed Use PUD
Districts."
At the April 5th Planning Commission meeting the Commission recommended approval of the
Wrobel request for a rezoning from an R-l, Single-Family Residential, Zoning District to a PUD,
Planned Unit Development, Zoning District allow a mixed use office/residential development on the
site with office occupancy on the lower level and residential on the upper level. The uses would be
limited in size and scope, and enforced through a PUD development agreement contract.
Subsequent to the Planning Commission meeting the City Attorney discovered that the PUD Zoning
District in the existing Zoning Code had a minimum size requirement of five acres. This obviously
would not work for the Wrobel property which contains 16,698 square feet (.38 acres). Staff
contacted the petitioner and notified them of the problem and requested that the Council table the
Wrobel request at the April l lth Council meeting so that the staff could pursue a code text
amendment that would eliminate this area requirement.
The proposed code text amendment was presented to and approved by the Codes & Standards
Committee on April 21st. If the code text amendment receives favorable consideration by the
Planning Commission on May 3rd, both the text amendment and the Wrobel rezoning would be
considered by the City Council on May 9th.
Planning Case 94-13
April 25, 1994
Page 2
A legal notice has been published for this code text amendment public hearing in the official
newspaper of the City. Property owners within 350 feet of the site were previously notified for the
rezoning request and do not require another notification for this amendment, as it would be effective
City-wide in the designated zoning district.
ANALYSIS
The attached proposed Ordinance is for consideration by the Planning Commission and City Council
in connection with the establishment of a new Residential/Office PUD Zoning District. This
Ordinance is precipitated by circumstances involving the mixed use for residential and office of the
Wrobel property at 7901 28th Avenue North.
The Ordinance establishes a new Residential/Office PUD District. At this time, the district will
include only the Wrobel property. Therefore, it will have very limited application. However,
there may be other corner lot properties situated on arterial streets with a mixed residential office use
that could be rezoned to this district to maintain an existing use like the Wrobel property. (A case
in point is the chiropractic office directly across the street from Wrobel.)
Section 4.29A of the code would be amended to read as follows:
Residential/Office PUD District. The following areas of the City shall
comprise the R-O PUD District. This area is distinguishable from the R-O
Zoning_ District in that all properties within the R-O PUD District are
subject to a development agreement restricting use as a condition to this
zoning_ classification. A certified copy of all development agreements shall
be ~ed with the County Recorder per Minn. Stat. §462.36.
(1) Lot 17, Block 3, Twin Terra Linda.
To accommodate this district the City also must amend §4.195 of the Code. Said section imposes
a five acre minimmn land area before mixed use PUD zoning is allowed. Obviously, the subject
property could not qualify if this requirement remains since it is approximately one-third acre
in size. The City Planner concurs that this requirement can be repealed, especially in light of the
fact that by maintaining the requirement this section of our Code will never be used. In other
words, there are no mixed use land parcels within the City that are five acres in size to take
advantage of the Code section as currently written. As a result, if the City desires to utilize this
zoning concept to assist with legalizing uses like the Wrobel property, the area requirement
must be removed.
Section 3 of Section 4.195(2) of the City Code would be amended/deleted as follows:
Section 3. Section 4.195(2) "Minimum Project Size" of the New Hope City
Code is hereby deleted and repealed in its entirety.
Planning Case Report 94-13
[pril 25, 1994
Page 3
This ordinance would also amend Section 4.192(14) of the Code dealing with site improvement
agreements to specifically require development agreements for PUD's that deal with other issues
besides site improvements. The amendment gives us authority to incorporate use restrictions
within the development agreements in addition to required site improvements. This is especially
important for the Wrobel request since use restrictions are the only items required in the development
agreement.
Section 2 of Section 4.192(14) of the Code would be amended to read as follows:
S:,te L'..provemcnt Development Agreement. Prior to a rezoning or the
issuance of a building permit as part of a Planned Unit Development, the
permit, applicant, builder, or developer shall execute and deliver to the
C il ........
~"'~" .......... · development agreement v. *' ' ~-~*
ounc a ...... t- ................ t- ......
t,,.~,.~,~ .....:~:.,~ The aereement shall detail all use restrictions and
required on and off-site improvements conditional to the PUD rezonin~ or
CUP approval. The agreement shall provide for the installation within one
year of the off-site and on-site improvements as approved by the CoUncil,
secured by a cash escrow or surety bond in an amount and with surety and
conditions satisfactory to the City, to insure the City that such
improvements will be actually constructed and installed according to
specifications and plans approved by the City as expressed in such
agreement. The amount of the bond shall be one and one-half times the
estimated cost of the improvements as determined by the City Engineer or
City Building Official.
The Planning Consultant worked in conjunction with the City Attorney on the code text amendment
and states in his memo that the basic intent of the amendment is to expand the applicability of
the PUD zoning designation within the City. As currently written, the "five acre" requirement
is considered highly restrictive and may not be applied to sites of a lesser size for which PUD
zoning application would be preferable. As such its deletion is considered positive.
Staff supports the Zoning Code amendment which would establish a Residential/Office PUD Zoning
District and repeal a minimum lot area requirement for the mixed use PUD District.
RECOMMENDATION
Staff recommends approval of Ordinance 94-06 as prepared by the City Attorney.
Attachments: Ordinance No. 94-06
City Attorney 4/12 Correspondence
Planning Consultant Memo
Public Hearing Notice
Current City Code
3/23 Planning Consultant Report
ORDINANCE NO. 94-06
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY ESTABLISHING A RESIDENTIAL/OFFICE
PUD ZONING DISTRICT AND ELIMINATING THE
AREA REQUIREMENT FOR MIXED USE PUD DISTRICTS
The City Council of the City of New Hope ordains:
Section 1. Section 4.29A "Residential/Office PUD District" of
the NeW Hope Code is hereby added to read as follows:
4.29A
Residential/Office PUD District. The following areas of
the City shall comprise the R/O PUD District. This area
is distinguishable from the R/O Zoning District in that
all properties within the R/O PUD District ere subiect to
a development agreement restricting use as a condition to
this zoning classification. A certified copy of all
development agreements shall be filed with the County
Recorder per Minn. Stat. §462.36.
(1) Lot 17, Block 3, Twin Terra Linda.
Section 2. Section 4.192 (14)"Site Improvement Agreement" of
the New Hope City Code is hereby amended to read as follows:
(14) Sitc Impr;¥cmcnt Development Agreement. Prior to ~
rezonin~ or the issuance of a building permit as part of
a Planned Unit Development, the permit, applicant,
builder, or developer shall execute and deliver to the
Council a citc impr;¥cmcnt development agreement cr
Devclv~--m--t vv,,.~A-*r~. ....... ~,vvl~--~, ,, o. The agreement shall
detail all use restrictions and required on and off-site
improvements conditional to the PUD rezoning or CUP
approval. The agreement shall provide for the
installation within one year of the off-site and on-site
improvements as approved by the Council, secured by a
cash escrow or surety bond in an amount and with surety
and conditions satisfactory to the City, to insure the
City that such improvements will be actually constructed
and installed according to specifications and plans
approved by the City as expressed in such agreement. The
amount of the bond shall be one and one-half times the
estimated cost of the improvements as determined by the
City Engineer or City Building Official.
Section 3. Section 4.195 (2) "Minimum Proiect Size" of the
New Hope City Code is hereby deleted and repealed in its entirety.
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the day of , 1994.
Edw. J. Erickson, Mayor
At t est:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
, 1994.)
day of
STEVEN A SONORALL
MICHAEL R LAFLEUR
MARTIN P MALECHA
WILLIAM C STRAIT
CORRICK & SONDRALL, P.A.
ATTORNEYS AT LAW
Edinburgh Executive Office Plaza
8525 Edinbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
PAX (612) 425-5867
April 12, 1994
Mr. Kirk McDonald
Management Assistant
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
Residential/Office PUD Zoning District
Our File No: 99.49406
Dear Kirk:
Please find enclosed a proposed Ordinance for consideration by the
Planning Commission and City Council in connection with the
establishment of a new Residential/Office PUD Zoning District.
This Ordinance is precipitated by circumstances involving the mixed
use for residential and office of the Wrobel property at 7901 28th
Avenue North.
The Ordinance establishes a new Residential/Office PUD District.
At this time, the district will include only the Wrobel property.
Therefore, it will have very limited application. However, there
may be other corner lot properties situated on arterial streets
with a mixed residential office use that could be rezoned to this
district to maintain an existing use like the Wrobel property. A
case in point is the chiropractic office directly across the street
from Wrobel.
To accommodate this district we also must amend §4.195 of our Code.
Said section imposes a 5 acre minimum land area before mixed use
PUD zoning is allowed. Obviously, the subject property could not
qualify if this requirement remains since it is approximately one-
third acre in size. The City Planner concurs that this requirement
can be repealed, especially in light of the fact that by
maintaining the requirement this section of our Code will never be
used. In other words, there are no mixed use land parcels within
the City that are five acres in size to take advantage of the Code
section as currently written. As a result, if we desire to utilize
this zoning concept to assist with legalizing uses like the Wrobel
property, the area requirement must be removed.
Mr. Kirk McDonald
April 12, 1994
Page 2
I have also amended §4,192 (14) dealing with site improvement
agreements to specifically require development agreements for PUD's
that deal with other issues besides site improvements. The
amendment gives us authority to incorporate use restrictions within
the development agreements in addition to required site
improvements. This is especially important for the Wrobel request
since use restrictions are the only items required in the
development agreement.
Please review this enclosed Ordinance incorporating the referenced
changes and contact me if you have any questions.
Very truly yours,
St6ven A. Sondral 1
slt
Enclosures
CC:
Daniel J. Donahue
A1Brixius
Nor hwe ssociat Consul ants, Inc.
U R B N P L NG · DES N · MAR K E R ES E A I~ H
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Bob Kirmis/Alan Brixius
15 April 1994
New Hope Zoning Ordinance - PUD District
131.00 94.01-
At your request, we have conducted a review of the draft amendment
to the New Hope Zoning Code which would establish a
Residential/Office PUD Zoning District and repeal a minimum lot
area requirements for mixed use PUD Districts.
The basic intent of the amendment is to expand the applicability of
the PUD zoning designation within the City.
As currently written, the "five acre" requirement is considered
highly restrictive and may not be applied to sites of a lesser size
for which PUD zoning application would be preferable. As such its
deletion is considered positive.
To be specifically noted is that a Zoning Map amendment will also
be necessary to accommodate the rezoning of the Wrobel property.
Generally speaking, the draft amendment appears complete and in
order.
If you have any questions, please do not hesitate to call.
pc:
Doug Sanstad
Steve Sondrall
5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636'Fax. 595-9837
' APR-13-94 NED 18:25 ~'-~'~ P, 02/02
NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE
AMENDING NEW HOPE ZONING CODE BY
AMENDING REGULATIONS GOVERNING PUD ZONING
DXSTRICTS AND REZONING PROPERTY
C~ty of NOw Hqpe. Minnes. o. ta
Notice is hereby given that the Planning Commies(on of the'
City of New Hope, M(nneeota, will meet on the 3rd day of May, 1994,
at 7:00 o'clock p.m. at the City Hall, 4401Xylon Avenue North, in
satd City for the purpose of holding a public hearing to consider
the a~option of an ordinance amending the New Hope Zoning Code.
Said ordinance w11] have the affect of eliminating the 5 acre
minimum project size for PUD zoning districts, will allow.use
reetrict4one in PUD development aSreements and will rezone Lot 17,
Block $,.Twln Terra Linde to the Residential/Office PUD zoning
district.
Auxiliary aids for persons with disabilities are ava41able
upon request at leaQt 96 hours ~n advance. Please contact the
City Olerk to make arrangements (telephone 531-5117, TDD
number 531-§109},
All per~ons Interested are lnvlted to appear at said hearing
fo~ the purpose of being heard with re~pect to the zoning codQ
amendment.
Dated the 14th day of April, 1994.
s/ Valer~e d..L.eone
Valerle J. Leone
Clty Clerk
(Published ~n the New Hope-Golden Valley Sun-Post on the ZOth day
of Apr{l~ 1994.)
1
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4.194 C~ercial or industrial Planned unit Development~ CUP Requirements.
(1)
Purpose. The intent of this section is to establish special
requirements for the granting of a conditional use permit to
allow co~amercial or industrial PUD pro~ects which are in
compliance with the permitted and conditional uses allowed in a
specific district in one or more buildings in relation to an
overall design, an integrated physical plan and in accordance
with the provisions and procedures prescribed in this Code.
(2) Frontage. The tract of land for which a project is proposed and
a perm2t requested shall not have less than 200 feet of frontage
on a public right-of-way.
(3) Yard. No building shall he nearer than fifty feet to the side or
rear property line when such line abuts an R-l, R-2, R-3, or R-4
use district.
(4) Landscapingr Screening and Surfacing.
(a)
Surfacing. The entire site other than that taken up by
structures or landscaping shall be surfaced with a material
to control dust and drainage.
(b) Drainage A drainage system subject to the approval of the
City Engineer shall be installed.
(c) Screening and Landscaping. Developments abutting an R-l, R-
2, R-3, and R-4 district shall be screened and landscaped in
compliance with Section 4.033 (3).
4.195 Mixed Use Planned unit Development, Zoning Text Amendment.
(1)
Purpose. The intent of this section is to establish special
requirements for the granting of a zoning district amendment
(rezoning) to allow mixed use PUD projects which are in
compliance with the permitted and conditional uses allowed within
the PUD District (Section 4.19) and in accordance with the
provisions and procedures as prescribed in this section.
(2) ainimu~ Project Size. The tract of land for which a mixed use
PUD is proposed sha~l not contain less than five acres.
(3)
Frontage. The tract of land for which the project is proposed
shall not have less than 200 feet of frontage on a public right-
of-way.
(4) Yards. Setbacks shall be consistent with those required in
section 4.034.
(5) Landscaping, screening and Surfacing. All site treatment shall
be consistent wLth the requirements of Section 4.033 (3).
4-83
07268~
U R 8 A Pl. A NO . O N . MAR K E T R ES E A Re ~
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
Kirk McDonald
Stuart Roberson/Bob Kirmis/Alan Brixius
23 March 1994
New Hope -Wrobel PUD Rezoning
131.01 94.06
EXECUTIVE S~Y
Background
Paul Wrobel has submitted a request to rezone his property located
on the southwest corner of 28th Avenue North and Winnetka Avenue
from R-i, Single Family Residential to Planned Unit Development
Zoning District. This rezoning would allow a mixture of
residential and commercial uses. Specifically, the s~ructure in
question would contain a residential living space on the first
floor and an office of dentistry on the lower floor.
Mr. Wrobel received a special use permit in 1963 that permitted a
dentist office on the lower level of his house. At that time, a
special use permit would allow dentistry as a home occupation.
Currently, the employee count exceeds the City's home occupational
standards and the property owner does not reside on the site.
Therefore, this particular use has become an illegal non-conforming
use, thus the need to redesignate this property in order to brin9
it into compliance with current City regulations.
On 14 February 1994, the City Council met to consider the
applicant's request to rezone his property from R-l, Single Family
Residential to R-O, Residential Office District, for the purpose of
converting his entire home into a dental facility. However, this
request was denied in order to prevent the expansion of a
commercial use in a residential area.
5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax; 595-:.~ ~:
The applicant has returned to the City after reviewing several
options presented by City Officials and staff, on ways to
accommodate the property's current use. It is the applicant's
desire to redesignate his property to PUD, to allow the continuance
of its residential and commercial mixed use character.
Attached for reference:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Site Location
Site Zoning
1976 Comprehensive Land Use Plan
Site Plan
Recommendation
The City has found the site exists in size and intensity in !963,
as it does today. Through the application of a PUD Zoning
District, the City will be able to bring this property into
conformity with City codes, and protect future land use
compatibility concerns by establishing performance standards via a
development contract. If the PUD zoning is found acceptable, we
recommend approval subject to the following conditions:
Residen=ial.
1. The first floor will retain residential use/occupancy.
2. Residential access mus~ be obtained from 28th Avenue.
3. Parking will be restricted to the driveway and garage area.
4. Access or entrance will not be shared with commercial use.
Future land use conversion to residential may include single
or two family residential.
C,mmercial.
Commercial land use to be limited to lower floor of building.
No expansion of use to.the first floor.
2. Commercial access must be obtained from Winnetka Avenue.
Ail commercial parking provided on site with access from
Winnetka Avenue. No commercial parking will be allowed on
28th Avenue or residential driveway/garage area.
The off-street parking lot is revised to illustrate one
handicap parking stall that is van accessible, as required by
State law.
!0.
11.
The proposed off-street parking configuration is revised so
that all off-street parking stalls are fully accessible at al!
times. In no case may parked vehicles block access to other
designated off-street parking stalls.
The applicant must demonstrate that the property does not
require a loading berth.
Provide a ~rash enclosure.
No exterior lighting.
Any new on-site signage comply with applicable provisions cf
the City Sign Ordinance·
Employees are not required to reside on premises. ~o
restrictions placed on the number of employees, provided tha~
all parking standards are met.
The applicant shall enter into a P~JD development agreement
with the City.
ISSEES ANALYSIS
Judgement Criteria
In evaluating any change in land use and rezoning, New Hope uses
the following criteria for determining the appropriateness of the
rezoning request:
Mistake i: Zoning. The City may approve a rezoning request if it
is determine that the rezoning is necessary to correct a past
zoning mistake. Based on the Comprehensive Plan, surrounding land
use patterns and the past use of the property, we find that the
subject property was properly designated for R-I, Single Family
Residential zoning. It is apparent that the current R-1 zoning
designation does not represent a past zoning mistake.
Chan=e in Character. The site and surrounding properties have
developed a pattern consistent with the 1976 Comprehensive Plan.
There has not been significant change in land use since the
Comprehensive Plan was completed.
The 1963 special use permit was issued to allowed for the
establishment of the dentist office within the existing single
family home. Subsequent use has evolved in violation of the home
occupation requirements. However, it has remained compatible and
has contributed to the character of the neighborhood. Application
of the PUD will maintain its character and provide consistency with
the Comprehensive Plan.
3
Planned Unit Development
It is the applicant's desire to allow residential and commercial
uses at one location, therefore, a PUD zoning will be necessary to
permit the integration of uses.
The purpose of a mixed use PUD is to provide flexibility of site
design to coordinate uses into a harmonious and efficient use of
space. A PUD zoning will permit a residential/office development
on the site. This use may be limited in size and scope, and
enforced through a PUD development agreement contract.
Comprehensive Plan
The 1976 Comprehensive Plan indicates that the tier of lots
abutting the south side of 28th Street should be developed as
medium density residential uses. The area south of the site is
designated for commercial land uses recognizing the Midland
Shopping Center.
The site in question was established prior to the 1976
Comprehensive Plan. The combination single family and dental
office raises the issue as to the appropriate use of the site. The
single family use relates to the residential neighborhood along
2$th Street. The dental office is an extension of the commercial
activities along Winnetka Avenue, thus providing a transitional
zone between co~t~ercial and residential uses. Through the use of
the PUD, the existing use can continue to operate in the same size
and intensity.
In consideration of the Land Use Plan, the City must consider the
Comprehensive Plan land use goals and policy statements intended to
guide land use decisions. The following land use 9oals and
policies are applicable to the current request.
Land Use Goals.
Develop a cohesive land use pattern which ensures
compatibility and functional relationships among activities.
Establish planning districts within the community based upon
homogeneous or compatible land use characteristics and/or
division of physical barriers.
e
Prevent over-intensification of land use development. In
other words, development which is not accompanied by a
sufficient level of supportive services and facilities
(utilities, parking, access, etc.).
4
s Preserve and protect property values.
Ensure that intensification of land use activity and
development is accompanied by sufficient corresponding
increases in related supportive and service facilities such as
off-street parking.
Accomplish transitions between distinctly differing types of
land uses in an orderly fashion which does not create a
negative (economic, social or physical) impact on adjoining
developments.
Protect integrated use districts (e.g. residential
neighborhoods, commercial centers, industrial park) frcm
penetration by through traffic. Where through traffic
problems are identified, correct such problems as
opportunities arise.
Residential Goals/Policies.
Provide safe, healthy and attractive residential environments
which offer a broad and full choice of housing types.
Maintain and where necessary, strengthen the character of
individual neighborhoods.
Commercial Goals/Policies.
Strongly discourage any further spot or uncoordinated linear
co~¢~ercial development in favor of a unified development
pattern.
When opportunities arise, consolidate existing spot and
uncoordinated linear commercial development into more
functional patterns.
Ensure that development of any scattered open parcels along
existing commercial strips is accomplished in a fashion which
helps to establish more functional development patterns (for
example, utilizing shared access and parking, etc.).
In evaluating the Comprehensive Plan policies, it would appear that
the emphasis is on maintaining and enhancing the existing
residential neighborhood. The Policy Plan also discourages the
further expansion of commercial zoning. Under these guidelines,
the proposed rezoning does not alter or intensify current land
uses.
5
Land Use Compatibility
In evaluating any rezoning, the City must consider the impact the
zoning change will have on existing, as well as future land use
compatibility. The current land use of this property is single
family residential on the first floor (rental) and office
(dentistry) on the lower floor. The combination of residential/
office has existed since 1963 and compatible with the surrounding
land uses. However, this does not conform with the Zoning
Ordinance due to the fact the employees do not reside on the
premises. The following reviews the purpose of a PUD zoning along
with an inventory of surrounding land uses.
Surroundin= Uses. When considering a rezoning request, it is
beneficial to examine whether or not the proposal is compatible
with the surrounding land use. The following is a listing cf
adjacent land use and zoning designations:
Direction Land Use Zoning
North
Single Family
Residential
R-l, Single Family
South
Retail Business
B-4, Comnlercial
Business
Northeast
Low Density
Residential
R-2, Single and Two
Residential
East Single Family
Residential
R-l, Single Family
Southeast
Limited Business
R-O, Residential -
Office
West Low Density
Residential
R-2, Single and Two-
Family Residential
Via the PUD zoning and subsequent development agreement with the
City, an assurance will be provided that the proposed use is
compatible with the area.
Performance standards within such an agreement will be imposed to
ensure land use compatibility. The PUD will also allow the
conversion of the entire property to residential use in accordance
with the regulations associated with the R-2 District.
6
Performance Standards
Mixed use performance standards will be imposed within the PUD
development agreement. Specific requirements applicable to the
residential and commercial use components are listed below:
Residential Uses.
Street Access. Access to first floor living area will be
restricted to 28th Avenue. As a part of the PUD, access or
entrances shall not be shared by the upper or lower levels.
Off-Street Parking. First floor parking will be accommodated
solely by the driveway/garage area fronting 28th Avenue.
Commercial Uses.
Structural Expansion. Commercial expansion will be limited to
the lower level, which is in accordance with the Comprehensive
Plan that prevents the intensification of land use.
Employees. Home occupation standards do not allow employees
other than those living on the premises. A PUD would not
place any restrictions on the number of people the office may
employ.
Trash. As noted on
handling activities
building. As such,
considered applicable.
the submitted site plan, all trash
are to occur within the principal
trash screening requirements are noz
Loading. It must be demonstrated that semi-trailer truck
deliveries will not occur at the site or all deliveries will
occur at such a time as to not conflict with customer or
employee access to the building and parking demand.
Lighting. The submitted site plan makes note that no exterior
lighting is to be provided on site.
Signage. If new or additional signage is to be erected as
part of the dental office expansion, all such signs musz
comply with applicable provisions of the City Sign Ordinance.
Parking Lot Circulation. While an adequate number of off-
street parking stalls has been proposed, some concern exists
in regard to parking lot circulation and stall accessibility.
As a condition of site and building plan approval, all off-
street parking stalls must be positioned so as not to prohibit
access to any stall.
7
Dimensional Requirements. Ail proposed off-street parking
stalls have been found to meet minimum required stall (8'-9"
x 19') and drive aisle (24') dimensions.
Street Access. The lower floor office space will be accessed
from Winnetka Avenue. As a part of the PUD, access or
entrances shall not be shared by the upper or lower levels.
Off-Street Parking. The Zoning Ordinance requires that
professional offices must provide three off-street parking
spaces plus at least one space for each 200 square feet of
floor area. The dental office contains 1,201 square feet of
floor space. This will require nine parking stalls, which
must include one disability parking stall that is van
accessible. Currently the site provides ten parking stalls.
This excludes the driveway/garage area in which office parking
is not permitted.
CONCLUSION
The proposed PUD rezoning of the subject property for residential/
office use is viewed positively, given its compatibility with
surrounding uses, and its avoidance of land use intensification.
It is for this reason we recommend approval of a PUD rezoning to
the conditions.listed in the Executive Summary of this report.
pc:
Doug Sandstad
Dan Donahue
Paul Wrobel
IN
City
of
New Hope
"Associated
Consultants, inc.
Ill
land use. framework
~low density residential
/'~m~d density residential
~h~gh density resident~al
1public and semi public
new hope, minn.
S~ C:E I~TI F'I c A'I'E' OF
]:NC. SI,,IJ~/E ¥ 141~ & L ANO Pt. AI~IhR..~
)3
'AVL. ~o.-
I hereby certify the= this survey,
plan.or repot= was prepared by' me
or under my direc= supervision
and tha~ I am a duly Registered
Land Surveyor under the laws
~of the State.~f ~(innesota
Date ~//&/~ Reg. No.
Job No '771AOI
Book .4,2: Page
S.¢ I 9
EXHIBIT
DATE:
TO:
FROM:
SUBJECT:
CITY OF NEW HOPE
MEMORANDUM
April 29, 1994
Planning Commission Members
Kirk McDonald, Management Assistant/Community Development Coordinator
Miscellaneous Issues
April llth City Council Meeting - At the April 11th Council meeting the City Council
took the following action on planning cases:
Ao
Planning Case 93-23, Request for Final Plat Approval of Northwest Church
Addition, 8624 50th Avenue North; approved subject to the conditions
recommended by the Planning Commission.
Bo
Planning Case 94-06, Request for Rezoning from R-1, Single-Family Residential,
Zoning District to PUD, Planned Unit Development, Zoning District to allow
mixed office/residential use, Dr. Wrobel, 2775 Winnetka Avenue North; tabled
per staff recommendation, so that a code text amendment could be pursued.
Planning Case 94-07, Request for Variance to Allow Air Conditioning
Compressor in Side Yard, 3432 Ensign Avenue; tabled due to the fact that the
petitioner was not in attendance.
Planning Case 94-08, ReqUest for Site and Building Plan Review, Variance to
Lot Width Requirement and Preliminary Plat Approval to Allow Subdivision of
Property and Construction of 78,400 Square Foot Office/Warehouse at 7400 49th
Avenue, Hoyt Development; approved subject to a number of conditions.
Eo
Planning Case 93-30 and 93-36, Ponderosa Wall Sign Variance Request; staff
presented the Commissions research and recommendations. The City Council
voted on a 3-2 vote to classify the mural as a building accent if the lettering was
removed. Please refer to the Council minutes for more information.
April 25th City Council Meeting - At the April 25th Council meeting the City Council
took the following action on planning cases:
Ao
Planning Case 94-07, Air Conditioner Variance; the petitioner submitted the
attached letter requesting a tabling of the case, as he is exploring an alternative
placement of the air conditioner that is within the current code that would not
require a variance. The Council tabled the request for two months.
Miscellaneous Issues
April 29, 1994
Page 2
Planning Case 94-08, Final Plat Approval of Five Thousand Winnetka 2nd
Addition, 7400 49th Avenue North, Hoyt Development; approved. See enclosed
attachments.
Offer to Purchase 6073 Louisiana Avenue North - At the April 25th EDA meeting, the
EDA authorized staff to acquire 6073 Louisiana Avenue for future scattered site housing
activities. This is the back portion of the Carol James property and the preliminary plat
was approved last fall. The final plat could not be approved until an agreement was
reached on extending utilities to the site. If the City can acquire the site, we would
assume responsibility for the utilities and also would finalize the final plat and bring it
back to the Commission in June (see attachments).
Todd Lifson Resignation - Todd Lifson has submitted his resignation as a Planning
Commissioner effective June 1st, due to the fact that he is moving to Golden Valley. At
the April 25th City Council meeting the Council passed a resolution accepting the
resolution and thanking him for his service on the Commission (see attached).
Applications will be sought to fill the vacancy.
First Quarter Reports Enclosed for your information are the first quarter
planning/development, housing and engineering reports.
Outdoor Storage and Front Yard Parking - The Building Official has prepared the
enclosed data regarding outdoor storage and front yard parking in the I-1 Limited
Industrial Zone and the Codes & Standards Committee is studying these issues and will
report back to the Commission.
Home Occupation Ordinance - The City Council discussed the Commission's
recommendations on the Home Occupation Ordinance at their most recent worksession
(please refer to April 18th minutes) and this will be coming back for consideration at a
May Council meeting.
Kimball Plat - The owner of the 135,900 square foot parcel located at 8901 36th Avenue
North has been discussing the subdivision of the property with staff and a formal
application will be filed in the future - see attached concept plans.
Attachments:
Stiegler Air Conditioner Request/Letter
Hoyt Final Plat
6073 Louisiana Avenue Info
Lifson Resignation
First Quarter Reports
Outdoor Storage/Front Yard Parking
4/18 Council Worksession Minutes
Kimball Plat
} REQUEST FOR ACTIO~
O~at~g Dep~ment Approved for ~enda ~da Section
~e~elopment
Ci~ M~ger &Plmg
4-25-94
~rk McDo~ld
Item
No.
By:Management Assismm ~:~f~ 8.
/
o*oz- zo coe moe so
COM SSO IS 34 2 SSIOS nWSU O Xa,
PETITIONER.
This maRer w~ tabled at the 4/11 Council m~ting due to the fact that the petitioner w~ not in
aRend~ce to ~er qu~ions. On 4/19 the City r~ived the enclosed corr~pondence from the
petitioner ~ting that he is explo~g ~ ~ternative placemem of the ~ conditioner that is ~thin
the c~rem code ~d would not require a v~i~ce. Therefore, the petitioner is requ~ing that the
requ~ be tabled for the pr~ent t~e. St~f r~o~ends approvfl of a motion tabling this request.
~e petitioner is requestMg a v~ce to ~e requ~emem ~at a~ conditiomg coolMg s~cmres or
conde~ers ~ l~ated M ~e re~ y~d ~hind ~e re~ buildMg IMe to allow ~ a~ conditioner M the side
y~d less ~ five feet ~om ~e pro~ 1Mca, Section 4.032(3) -New Ho~ C~e of Ord~ces. ~e
pu~ose of ~s request is to allow ~e rel~ation of an existMg a~ conditioner M ~e side y~d ~at was
displaced by a recem addition on ~e re~ of ~e home. ~e proposed location of ~e compressor is on
· e no~ side of ~e pro~ tong ~e g~age wi~ ~ee feet be~een ~e compressor and ~e prope~
IMe and Ci~ code requ~s five feet. ~e specific vari~ces beMg reques~d ~e:
A. A ~o foot v~ce to ~e five foot side yard setback requ~emem to allow an air
conditioner ~ee feet ~om ~e pro~ 1Me, and
B. A v~ce to fllow ~ a~ conditioner M ~e side y~d.
The pro~ is l~a~ M ~ R-l, SMgle Fmily Residemial Zo~g Dis~ict and is su~ounded by single-
f~ly l~d uses on ~e sides ~d So~esyn Elemenm~ School directly ~d ~e prope~ to ~e east.
~e home was bu~t M 1965; swimming p~l butt M 1972; addition built M 1993. ~e exist~g s~cmre
M~ON BY $gCO~ BY
TO:
R~: ~~on:
~A-O01
Request for Action
Planning Case 94-07
Page 2
meets all setback requirements. Prior to the CommiSsion meeting the property owner directly to the north
inquired about the plans and expressed concern about noise from the air conditioning compressor.
The Planning COmmission reviewed this request at their April 5th meeting and recommended approval
subject to the following conditions:
Be
Submit detailed plans for an "acoustical barrier" to be installed along the north si'de of the
equipment that is substantial enough to eliminate direct noise and substantially reduce the
indirect noise at the property line, compared to a normal air conditioning installation.
Agree to install and maintain the barrier within 14 days of the air conditioning installation.
Agree to meet with the City Building Official and the neighbor to discuss the plan for the
noise barrier and its paint/stain colors at least 14 days prior to the installation. (NOTE:
ACOUSTICAL WALLS ARE SOLID AND DENSE, SUCH AS 2" X 6" Tongue &
Groove Cedar or heavier. The bottom will be buried in the soil several inches and the top
will be five or six feet tall to deflect most of the noise upward.)
Fence be extended to front of garage to shield compressor from street or two 18 inch
shrubs (lilac or spirea) to be installed six to ten feet west of air conditioning unit.
Michael Sfiegler
3432 Ensign Ave. N.
New Hol~, MN 55427
April 19, 1994
Kirk McDonald
Management Assistant
City of New Hope
4401 Xylon Ave. N,
New Hope, MN 55428-4898
Dear Mr. McDonald:
Please be advised that I am' exploring an alternative placement of my air
conditioner that is within the current code and would not require a variance,
Therefore, please see that my request is tabled indefinately for now. If my
alternative plan does not work out, I will request the council's consideration of my
original request.
(My thanks to the officials that investigated and formulated the original request.
For their information, the alternative placement I am considering is along side the
new addition on the north side of the house where the new steps are presently
located. The steps will be removed. This will likely be quieter for my neighbor
and still allow access to my yard along the garage. And, it will be well within the
five foot code requirements. You may forward this information to the others in
your department as appropriate.)
Thank you.
Sincer.ely,
Michael Stiegler
~~ (JOUSI(JlL
O~at~g Dep~ment Approved for ~enda ~en~ Section
~evelopment
Ci~ M~ager & Pl~ing
~rk McDonald ~ 4-25-94 Item No.
8.2
BY: M~agement Assis~t BY: ~ ~
PL~G CASE 94-08. ~Q~T FOR F~ PLAT APPROVAL OF FIVE
THOUS~D ~T~ 2ND ~DITION, 7300/7400 49TH AVE~E NORTH, HOYT
DEVELOP~NT/J-S ~T~, PETITIO~R
The petitioner is requesting final plm apProv~ of Five Thous~d Wi~e~a 2nd Addition whch
is located no~ of 4~ Avenue ~d we~ of ~e New Hope Ice ~ena. At ~e April 11~
Co~cil meeting, ~e Co~cil approved ~e prelimin~ plat, a lot ~d~ v~ce ~d
site~Id~g pl~ review to ~low subdivision of the prope~ to ~low for the co~ction of
a 78,400 sq~e foot officdw~ehome on Lot 1. ~e approv~ w~ subject to a n~ber of
con~tiom. Revised pl~ Mve been ~b~Red w~ch ad.ess moa concerns. ~e major issue
h~ been ~e dedication of e~emen~ for aom water ponding. ~e petitioner h~ provided ~e
necess~ e~ements to safis~ Watershed Disffict requirements on Lot 1 where development
h~ been approved. Addition~ e~ements ~11 need to be provided in ~e ~e for ~e o~er
~o lo~ ~er specific development pl~s have been proposed.
S~ is reco~end~g approv~ of ~e fm~ plat, subject to ~e conditions con. ned in the
co~espondence ~om ~e Ci~ Eng~eer ~d CiW A~omey, ~d subject to approval by the
S~ngle Creek Watershed DiVot.
M~ON BY ~ SECO~ BY ' .
R~: ~s~on: F~ce:
~A-O01 ~
o
WINNETKA
FIVE 'THOUSAND
OUTLOT A ;, ,
?.' //
.? //
2ND
AUDITION ~.,. =. ,o..
RON KRUEGER & ASSOCIATES, INC. LAND SURVEYORS & ENGINEERS
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April 22, 1994
COREXCK & SONDI~LL,
ArrORNZYS Ar LAw
~lnb~ ~uti~ Office
S~ ~203
BwO~yn ~k, Minn~o~ 55443
TELEP~N~ (~1~ 4z~.~1
Mr. Kirk McDonald
Management Asst.
City of New Ho~e
4401Xy]on Avenue North
New HOpe, MN 55428
RE: Five Thousand Winnetka Second Addition
Dear Kirk:
I have reviewed the revtsed final plat of Five Thousand Winnetka
8econd Addition and supporting documentation. ! recommend the plat
be approved conditioned upon the fo]lowing:
1. Ftnal review and aDprnva] of the title evidence by the
City Attorney. Any requirements in the title optnton w111 be
incorporated as conditions of this plat approval.
2. Restrictive covenants that limit access to Lots I and 2
from 49th Avenue North to the curb cut and drlveway shared by Lots
I and 2, The covenants must be avoroved by the City Attorney and
recorded with the plat.
3. A cross-easement between Lots 1 and 2 relating to the
shared access driveway for ingress and egress, shared utilities,
and loading/unloading, The final document must be approved by the
City Attorney and reworded with the plat.
4. Petitioner pay all fees charged to the Ctty ~y the
Shingle Creek Watershed DlstrtcZ to review the plat and the
development p~ans,
.,]:f you have any questions or comments, do not hesltaze to Gall.
Mart~n P, M~lecha
Asst. New Hope City Attorney
s3f
cc: Oan~el d. Donahue, C~ty Manager
Mark Haneon~ City Enginee~
8teven A. $ondra11~ Ctty Attorney
Bonestroo
Rosene
m-m Anderllk &
Associates
Engln~r$ & Archltect~
April 21, 1994
James F. ~
Mr. Kirk McDonald 1
City of New Hope
4401 Xylon Ave. bT.
New Hope, M~ 55428
Re: 5000 Winnetka - 2nd Addition
Our File No. 34 Gan
Dear Kirk:
The developer for the above referenced project has submitted revised plans, and we
recommend the following:.
· Pending easements have been revised to incorporate only existing wetlands. Therefore,
pending easements required when Outlet A and Lot 2 develop will have to be provided
by separate document, unless each lot is replatted. Future pond easements will have to
be provided in accordance with New Hope's Comprehensive Storm Sewer Plan.
· The temporary pending easement for the pending area required by Shingle Creek
Watershed and New Hope located on Lot 2 will have to be described by separate
document and continue indefinitely until Lot Il develops. The City and developer will
have to sign the document. A maintenance agreement is required between the City and
developer for the pond!ag area.
· A detailed as-built plan is required for the public sanitary sewer, which must be
constructed and inspected in accordance with New Hope Public Works. PCA and
MWCC permits are required for its construction.
· The prhatte watermain iccp must be constructed and inspected in accordance wi'th New
Hope Public Works. A permit from Minnesota Health Department is required. The
connection in 49th Avenue shall be a cut-in (not wet tap) and shall be done in
accordance with Public Worlm
· The grading and utility construction adjacent to the existing property to the west shall
not encroach on that property.
· It would be desirable to grade and level the 35,000 cubic yard stockpile on Lot 2,
Erosion control and proper restoration is required in this area after completing the work.
2335 Yf/est Highway 56 · St. Paul, MN 55113 · 612-636-4600
'ossv 300a.LSaNOS :T~T see' ~s
T~:OT
Mr. Kirk McDonald
City of New Hope
Page -2-
April 21, 1994
· The existing drive onto 49th Avenue along the railroad right-of-way shall be removed and
restored.
· The letter o~ credit shall include pondin& landscape, shared
erosion/restoration, and remOval of the existing drive on 49th Avenue.
drive, utilities,
Lump Sum Pond grading @ $5,000 $ 5,000
400 LF Storm sewer @ $32/1f 12,800
670 LF Sanitary sewer @ $32/If 21,440
1,220 LF Watermain @ $28/lf 34,160
600 LF Shared drive @ $60/1f 36,000
Lump Sum Erosion control ¢~ $5,000 5,000
30 AC Restoration @ $1,500/ac 4,500
I EA Remove existing drive @ $5,000 ea 5,000
Lump Sum Landscape @ $5,000 5..00Q
Subtotal $128,900
+509~ Increase 64.450
Total
If you have any questions, please contact this office,
Yours very truly,
BONF.~qTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
MAH:pr
cc: Guy Johnson / Paul Coone - Public Works
£0 'd
~£~ 9£9 8.~9 ~8:0~ 1~6g-~E-~O
SHINGLE CREEK WATERSHED
MANAGEMENT COMMISSION
3001 Harbor Lane, Suite 150 * Plymouth, MN 55447
Telephone (612) 553-1144 * Fax (612) 553-9326
April 25, 1994
Mr. Mark Hanson
Bonestroo & Associates
2335 W. Highway 36
St. Paul, Minnesota 55113
Re;
Project Review SC 94~3: Quebec Limited Partnership
Project: 5000 Winnetka 2nd Addition
Dear Mr. Hanson:
At their special meeting of April 25, 1994, the Shingle Creek Watershed Management
Commission reviewed the above-referenced project which was previously tabled at the
April 14, 1994 meeting. The City of New Hope is advised by the Commission that approval
of Project Review SC 93-3 is hereby granted, conditioned upon the applicant meeting the
conditions set forth in the attached engineer's report and recommendations.
Should you have any questions, please contact me at 473-4224.
Sincerely,
MONTGOMERY WATSON
Engineers for the Commission
Dale Claridge, P.E.
Kirk McDonald, New Hope
Judie Anderson, SCWMC
4-25-94
SHING!.I~, CREEK WATEHSHED MANAGEMENT COMMISSION
REVIEW SC 94-3: ~,,~!~ec Liml!_~d Partner~hln
Quebec Limited Partnership
13400 15th Avenue North, Suite F
'Plymouth, Minnesota 55441
Proieeh
Development of a 6 acre industrial site on Lot I of 5000 Winnetka 2nd
Addition.
North of 49th Avenue between Winnetka Avenue and Louisiana Avenue in
New Hope.
1. Project Review Application submitted by Randy Stern, Ron Krneger &
Associates, Inc., received on 4-1-94.
2. Verbal instructions from Mark Hanson, City of New Hope, on 4-4-94
authorizing Commission review of project.
3. Development plans prepared by Ron Krneger & Associates, Inc. which
include:
Final Plat, undated and received 4-20-94
Grading/Utility Plan, last revised 4-19-94
preliminary Plat, last revised 4-19-94
Master Grading/Drainage Plan, last revised 4-19-94
4. Pond design calculations prepared by Peter Knaeble, Terra
Engineering, Inc., 4-15-94 and 4-19-94.
Draft agreement covering operation and maintenance responsibilities
for the stormwater treatment pond serving Lot 1 prepared by Fredrikson
& Byron, P~., received 4-21-94.
The owner is proposing to construct a 76,800 sq fc office/warehouse and
adjacent parking area on Lot 1 which is one of three lots within a 19 acre
parcel of land known as 5000 Winnetka 2nd Addition. The site is
required to meet the Management Standards for developments of 5 acres
or greater for land use other than single f~m;ly detached housing.
~vo jurisdictional wetlands were identified on the north side of the
property and field delineated by Peterson Environmental Consulting,
Inc. on 4-14-94. Existing wetland areas shown on the plans will be
avoided during the development of Lot 1. The City of Brew Hope
currently serves as the local governmental unit (LGU) for
administering the permanent rules of the Wetland Conservation Act
for wetlands located in New Hope.'
In accordance with Brew Hope's Draft Local Plan, future City Ponds SC-
P4.4 and SC-P4.9 are shown on the Master GradinF/Drainage Plan.
These ponds are proposed to be constructed in the future as two-cell
stormwater treatment and storage facilities. City Pond SCOP4.9 is
proposed to serve a tributary drainage area of 218 acres including
drainage from 5000 Winnetka 2nd Addition. -
4-25-94
SHINGI.~. CI~EEE WATERSlqEr) MANAGEMENT COMMISSION
REVIEW SC 94-3: ~h,~.hee l,ln~ited Partner~hln
(Continued)
'4.
To provide treatment of runoff from Lot 1 until city regional ponds are
constructed, the owner is proposing to construct a temporary treatment
pond northeast of the building on Lot 2. The pond has been designed to
treat runoff from a 2-inch rainfall event in accordance with the
Management Standards of the Commission. The normal water level in
the pond will be maintained at a depth of 4 feet and a submerged 6" outlet
pipe will provide skimming prior to discharging to the existing
wetland. An emergency over/low swale from the pond to the wetland is
proposed to be stabilized with riprap.
As provided in the draft agreement between Quebec. Limited
Partnership and the City of New Hope, a temporary easement over the
pending'area will automatically expire at the time the City has
constructed and completed City Pond SC-P4.9 and stormwater from Lot
1 has been routed through the regional pond. The draft agreement also
places the responsibility for operation and maintenance of the pond on
the developer and its successors or assigns as fee owner of Lot 1. If the
developer and its successors or assigns fail to maintain the pond, the
City shall have the right to perform necessary maintenance activities
and be reimbursed for this work by the developer and its successors or
assigns.
Permanent easements over existing wetland areas, temporary
easements over the stormwater pond, and future easements over future
City Ponds SC-P4.4 and SC-P4.9 are all shown on the plans.
Erosion control fence will be placed along the edge of the wetland as
shown on the plans to provide temporary erosion and sediment control
during site development. Storm sewer outfalls to the pond and the
wetland will be stabilized with riprap and equipped with trash guards.
The project has been reviewed for conformance with the
Management Standards of the Shingle Creek Watershed
Management Commission and is recommended for approval by
the City of New Hope with the addition of the following conditions.
An inspection schedule for the pond and outlet control
structure shall be submitted by the owner to the City. Records
of inspections and maintenance activities shall be kept by the
owner and submitted Anpually to the City.
MONTGOME~RY WATSON
Engineers for the Commission
Dale Clandge, P.E.
COMMISSION ACTION 4.25.9~
AoUr°val of the above recommendations.
Date
Originating Dep~.ment Approved for Agenda Agenda Section
City Manager EDA
4-25-94
Kirk McDonald /~ Item No.
Byi Management Assistant By: ~'/ 5 ..
RESOLUTION AUTHORIZING AC~//~SITION OF 6073 LOUISIANA AVENUE NORTH
AND DIRECTING PREPARATION OF PURCHASE OFFER TO IMPLEMENT SAME (#51
The enclosed resolution authorizes staff to prepare a purchase agreement and acquire property
at 6073 Louisiana Avenue for the City's scattered site housing program, which provides
affordable housing ownership opportunities for New Hope residents.
Last fall the City Council approved the preliminary plat of Carol James Addition to allow the
subdivision of the existing large single-family R-1 lot into two parcels, with the northerly lot
retaining the existing single-family home and the southerly lot providing a new vacant building
site. The final plat was put on hold due to the fact that the newly created lot does not currently
have a sewer/water service and said services would need to be provided from existing utilities
in Louisiana Avenue at an estimated cost of $16,598 (estimates from City Engineer).
Subsequent to the plat submittal, the City has acquired the adjacent property at 7109 62nd
Avenue and is in the process of preparing specifications for the rehabilitation of this property
for eventual resale as affordable housing. Staff now desires to split off the south half of the
parcel at 7109 62nd Avenue and combine it with the parcel at 6073 Louisiana to create a lot
large enough for a possible two-family specialized housing unit which would be sold to New
Hope residents.
The owners real estate agent has indicated that the parcel has a value of $24,000 with utilities
and the City's appraiser agrees with this value. Staffhave preliminarily indicated to the p. roperty
%
MOTION BY SECOND BY
TO:
Review: Administration: Finance:
I RFA-O01 ~
Request for Action
6073 Louisiana Avenue North
Page 2
owner that the City would contribute up to $10,000 to extend utilities to the property (see
attached correspondence from City Engineer). Therefore, staff is requesting authorization to
make a purchase offer of $17,402 ($24,000 - $6,598). The City would then assume
responsibility for extending utilities to the site and construct affordable housing.
The acquisition would be f'manced entirely with CDBG scattered site housing funds that have
been set aside for this purpose. In factl the Year XVII scattered site housing funds ($13.,800)
must be expended by June 1st, and Year XVIII funds ($36,200) must be expended by December
31st, so if the EDA is supportive of this acquisition the staff will move quickly to acquire the
site..
The City Attorney has prepared the enclosed resolution and staff recommends approval.
CORRtCK & SON~AT.L. P,A.
Edinburgh Executive Office Pl~
8525 F~/nhrook C~ing
Suite ~203
Broo~yn Park, Mim~o~ 55443
TeLePHO~; (6~1 42~
April 22, 1994
Kirk McDonald
ManaGement ASST,
City of New Hope
4401Xylon Avenue North
New Hope~ MN 55428
REt Acquisition of Property at 6073 Louisiana Avenue North
Our' File No: 99.11121
Oear Kirk:
:Per your requesT' please find enclosed a proposed Resolution
Authari:~ing the Acquisition of 6073 Louisiana Avenue North and
Directln9 Preparation of Purchase Offer to Implement Same for
consideration aT The April 25, 1994 EDA meeting.
The review appraisal referred to in the Resolution is Brad
Bjor~lund's March 31, 1994 letter. Brad agrees with the owner's
real estate agent on a $24,000 fair market value assuming the
property was served by all utilities. The City Engineer has
estimat,ed utility construction costs at $16,558.
It is my understanding that $10,000 of those costs are the City's
responsibility with the remaining $6,598 the responsibility of the
owner. As a resulT, fair market value has ~een determined aT
$17,402 ($24,000 - $6,598). Naturally, that figure can be raised
or lowerod'if circumstances change.
Contact me if you have any auestions concerning the Resolution.
Very truly yours~
New Hope C~t¥ ~ttorney
Enclosure
CC:
Daniel J. Donahue, City Manage, (w/erie)
Va.l~e:rie Leone, City Clerk (w/eno)
EOA RESOLUTION 94-
RESOLUTION AUTHORIZING THF ACQUISITION
OF 6073 LOUISIANA AVENUE NORTH AND
'DIRECTING PREPARATION OF PURCHASE OFFER TO
IMPLEMENT SAME
~, ~.~D-~..~L~.~. ~469.091 and 409,012
Economic Development Authority (EDA) to acquire real
deYelopments~ and
empowers ..the
property for
WHERFA~, the EDA hereby determines that acquisition of Vacant
land located at 0073 Louisiana Avenue North is necessary to promote
the EDA's scattered site housing deve3opment poliGies by Dermitting
the combination of land with adjacent lane already owned by the
City of. New Hope ~or construction of affordable speciallzed or
multiple housing for DooDle of 3ow and moderate ~n~ome~ and
HE.~, a review appraisal of the real property has
established a fair market value for the property of $17~402o00.
NOW, THEREFORE, BE ZT RESOLVED by the Economic Development
Authority in and for the C~t¥ of New Hope aa follows:
1. That the Exe;utiYe Director is hereby dtrected to acquire
the property at 6073 Lou{siana Avenue North for a
Purchase ;r~ce not to exceed $17,402.00 p~us norms] and
reasonable elos~n~ costs.
2, That the
Executive D~reotor and/or his staff is
authorized and directed to prepare a~a subait a purchase
~greement to facilitate the Droperty~s acquisition for
the price and purposes stated herein.
Adopted by the Economic Development Authority in and for the
City of New HODs th~s . day of _, 1984,
Edw. d, Erlckson, President --
Attest:
Daniel d. Dona~ue, Executive D~rector
62ND AVENUE
"'----' ~ NORTH LINE OF NW~i. ~SEC.5~T. IIS, R.21
NORTH
T.C.
871,00
871 I00.00 S89e57'OI"E ....
871.01
'C.I.'M.- -
n,,
0
Z
Z~
$0 $0
X 872.4
873.4
871 .~
X
870.5 X
C
B
D
1,081,
866.7
8~
868.4
870.4 1,081
60'73 Louisiana Avenue
REDEVELOI~ENT ISSU~.S:
* Plattin$ into 2 lots "C" & "D"
* Rezoning lot D from R-! to R-2
* Density: R-! I unit/9,SO0 sf
R-2 I/8,750 sf 2
total
* Land area: 27,000 sf
* Both lots are for sale !
* Lot "C" should'have old house demo'
* Elderly or disability focus would hl
to address distance to public transl
* Zero lot line plattin$ is option.
'Note duplex footprint shown is a
2 BR slab-on-$rads (See exhibit
LOT "C"
9,500 sf
I
LOT "D"
17,500 sf
7e
Bonestroo
Rosene
d'lderlik &
Associates
Engineers & Archltect~
April 21, 1994
Mr. Kirk McDonald
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
'Carol James Addition
7105 62nd Avenue
File 34-gen
Dear Kirk:
Last fail we investigated the often and cost to provide sanitary ~ewer and water main service
to the new lot in Carol James Addition. Attached is a sketch showing the existing utilities
and proposed utilities to provide utility service. We received a quote from Bituminous
Consulting and Contracting Co. to do this work for $i6,598.
Typically, the cost for this work would be the responsibility of the new lot. However, there
is some justification why the City should assume some of this cost. If it's assumed the now
lot should be responsible for the new sewer abutting its propet~ and the sewer/water stubs
to the new lot, the assessment cost to the new lot is approximately $5,"/80. The City'scost
is $10,818 which includes all the street restoration and the new sower not abutting the new
lot.
In addition, dependent how the new lot is developed, storm sewer may by required to
prollerty drain the south west comer. Therefore, if storm sewer is required, the additional
cost for storm sewer maybe $6-$8,000.
If you have any questions please contact this office.
Yours very truly,
Mark"'A. Hanson
A,ND:BJ~T
& ASSOCIATIBS, l~fC.
Attachment
23,tS Wtlst Highway, 36 · St. Pllul, MN 55113 · 612-636-4600
9T :91;
COUNCI~
REQUF~T FOR ACTION
By:
Originating Department
City Manager
Kirk McDonald
Management Assistant
Approved for Agenda
4-25,94
Agenda Section
Consent
Item No.
6.5
RESOLUTION ACCEPTING RESIGNATION OF TODD LIFSON FROM THE NEW HOPE
PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE
Todd Lifson has informed the City that he will be resigning from the Planning Commission
effective June 1, 1994, due to the fact that they have recently sold their home in New Hope
and have purchased a larger home in Golden Valley. City Code requires that all members of
the Planning Commission be residents of New Hope. Lifson was appointed to the Planning
Commission in October, 1991, and his term expires in December, 1996.
The Planning Commission currently has eight members and this resignation will reduce that
number to seven. Staff recommends that applicants be sought to fill the vacancy.
The attached resolution accepts Lifson's resignation and extends appreciation for his service.
.Staff recommends approval of the resolution.
MOTION BY
SECOND BY
Review: Administration: Finance:
RFA-O01
CITY OF NEW HOPE
RESOLUTION NO. 94-
RESOLUTION ACCEPTING RESIGNATION OF TODD LIFSON FROM
THE NEW HOPE PLANNING COMMISSION
AND EXTENDING APPRECIATION FOR HIS SERVICE
WHEREAS,
Todd Lifson was appointed and served on the New Hope Planning Commission
from October 14, 1991, to June 1, 1994, and during that time he also served on
the Codes and Standards Committee, a committee under the auspices of the
Planning Commission; and
WHEREAS,
Lifson has submitted his resignation due to the fact that he has sold his home in
New Hope and is moving to Golde, n Valley; and
The City of New Hope accepts Lifson's resignation with regrets and desires to
thank him for almost 3 years of dedicated service to the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope, hereby
accepts the resignation of Todd Lifson and extends their appreciation for his
dedicated service to and interest in the City of New Hope.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 25th day
of April, 1994.
Mayor
Attest:
City Clerk
April 5, 1994
Todd J. Lifson
4688 Flag Avenue North
New Hope, MN 55428
(612) 535-3461
Dr. Robert Cameron
Chairman, City of New Hope
Planning Commission
4401 Xylon Avenue North
New Hope, MN 55428
Dear Bob:
It is with great regret that I offer my resignation as Planning Commissioner effective
June 1, 1994.
My wife and I have recently sold our New Hope home and purchased a larger home in
Golden Valley. This move became necessary as we are expecting our second child in
August.
I want to thank you very much for the privilege and opportunity to serve the City as
Planning Commissioner. This experience has enabled me to expand my knowledge of
City government, especially with respect to planning issues. I enjoyed this experience
so much I am in the process of applying to sit on the Golden Valley Planning
Commission. If you feel it appropriate, I would very much appreciate it if you could
write a brief letter of recommendation that I could include with my application.
I am sure our paths will cross in the future (especially since my son will start school in
District 281 in a couple of years).
Thanks again.
Todd J. Lifson
TJL:u~j:BB-25
cc: Kirk McDOnald, Management Assistant, City of New Hope
PLANNING AND DEVELOPMENT
First Quarter 1994 Report
The Planning Commission reviewed the following cases during the first quarter:
No. of Cases
Notices Sent
January 4 20
February 3 1
March 3 11
Month
January
February
March
Type of Request Number Approved
Rezone Property 1
Site/Bldg Review 1 1
CUP-Parking 1 1
Prel. Plat 1
Text Amend.-Off-St. Pkg. 1 1
Zone Dist. Uses Study 1 1
Rezone Property 1
Prel. Plat 1
Text Amend.-Gas Canopy
" " -Gas Canopy
Signage
Prel. Plat
CUP-Outdoor Storage
TOTALS
1
Denied Withdrawn Tabled
YEAR TO
DATE TOTALS
CUP-Parking
Rezone Property
Text Amend.-Off-Street Parking
CUP-Outdoor Storage
Site/Bldg Review
Preliminary Plat
Text Amend.-Gas Canopy
Text Amend.-Gas Can. Signage
Zone Dist. Uses Study
APPROVED DENIED WITHDRAWN TABLED
1
1
1
1
1 1
2
TOTALS 8 1 3
PLANNING/DEVELOPMENT ISSUES
the January 4th Planning Commission meeting, the Commission continued discussion on the
petitioners request to allow dry cleaning processing on the site. The Commission did not support
a rezoning from B-1 to B-2 to accommodate this use but did favor expanding the permitted uses
in the B-1 Zone to allow this use. The request was tabled for one month so a code text
amendment could be studied. At the February 1st Planning Commission meeting, a code text
amendment was approved that expanded the number and types of permitted/conditional uses
allowed in the B-1 Zone. Because the uses requested by the petitioner were included in the code
text amendment, the actual rezoning request was denied. The Council concurred with these
recommendations at their February 14th meeting, approving the code text amendment and denying
the rezoning.
~~i:!:~ - J.R. Jones Fixture
a 17,000 square foot, two-story warehouse addition and conditional use permit for deferred
parking at 3216 Winnetka Avenue North in January. The Planning Commission approved the
request at the January 4th meeting and City Council approved Resolution 94-11 at the January
10th meeting, subject to the platting of the property and other conditions.
~!ii~iiii~iiii~iiii~iiii~~ - The Planning Commission recommended
approving the request for zoning code text amendment for off-street parking as requested by Jesco
Industrial Supply, 4700 Quebec Avenue North. The petitioner was requesting a zoning code text
amendment to amend the off-street parking requirements for office space from 1 per 200 square
feet to 1 per 300 square feet or some other text amendment that would permit internal office
expansion on the site without requiring the addition of more parking. Jesco Industrial Supplies
currently operates out of a 29,300 square foot warehouse building and was requesting to convert
2,800 square feet of existing internal warehouse space into offices. The change in the building
use will increase the parking demand on the site.
The Commission recommended amending Section 4.036(10)(m) Section 1. "Office Buildings,
Animal Hospitals and Professional Offices" to read as follows: "three spaces plus at least one
space for each two hundred fifty square feet of floor space," and Section 4.036(10cc) Section 2.
"Warehousing, Storage or Handling of Bulk Goods," amended to read: "that space which is
solely used as office ancillary to the larger warehouse facility shall provide one space for each
three hundred square feet of floor area used as office and one space per each one thousand five
hundred square feet of floor area used as warehouse, plus one space for each company truck (if
not stored inside)." The City Council tabled this request at the January 10th Council meeting.
At the work session on January llth, the City Council approved Ordinance 94-01 regulating off-
street parking.
g~i.i~}.~ - At the January 4th Planning Commission meeting, the following officers
were elected for 1994:
Robert Cameron, Chair
Robert Gundershaug, Vice-Chair
William Sonsin, Third Officer
~~.!.!~i.i~~ ' The petitioner was requesting to rezone property at 7901 28th
Avenue from an R-I, Single Family Residential Zoning District, to an R-O, Residential Office
o
10.
11.
12.
Zoning District, to allow total ProfeSsiOnal office occupancy of the building. The Planning
Commission had considered this request in November/December, 1993, and recommended denial.
The City Council considered this request at their January 10th meeting, did not support the
rezoning request for a variety of reasons, and referred the matter to the City Attorney to prepare
Findings of Fact. At the February 14th Council meeting, the Council adopted a resolution
denying the rezoning, but directed staff to work with the applicant on other zoning options.
~i~i~~i~ii~i~i!i~~~ - In February the Planning Commission conducted
an informational meeting on proposed amendments to the City Code that would establish
performance standards for gas canopies and invited ali New Hope gas station owners/managers
to attend. At the March 2nd Planning Commission meeting, the Commission recommended
approval of two code text amendments: one establishing performance standards for gas canopies
and one amending the sign code regulations for gas facility siguage. The City Council considered
these recommendations at their March 14th meeting and recommended approval, with a minor
modification on the sign code text amendment.
~i~i~~i~ - At the March 2nd Planning Commission meeting, the Preliminary
::::::::::::::::::::::::::::::::::::::::: .........,::::: ::.:.:...... ::::::::::::::::::::::::::::::::::::::::::: ;., ..5::: 5::::
Plat of J.R. Jones Addition was presented, which combined three parcels into a single property,
which was a condition of the building expansion. The Commission recommended approval,
subject to several easement dedications, and agreed to waive its review of the Final Plat. The
City Council approved the Preliminary Plat at the March 14th Council meeting.
~~i~i:~:i:~:!~~i:~ - At the March 2nd Planning Commission meeting,
a conditional use permit for the outside storage of trucks, trailers and equipment was approved
for Collins Electrical Systems, who purchased the Standard Iron building at 4990 Highway 169.
The City Council approved the request on March 14th subject to conditions, including the granting
of a wetland easement with the City drafting the legal description.
~ii!~{ii~~iiii~~:ii~- At the March 31st City Council
meeting, the Council established a future public hearing date for the issuance of $1 million in
Industrial Development bonds for the purchase/installation of a large printing press. The
installation of the equipment will provide 17 new jobs.
~i.i~!i~iii~- At the March 31st City Council meeting, .the Council approved the Final
Plat of J.R. Jones Addition.
~~iiiii~!iii!ilj~ Staff continued to be busy during the first quarter with
participation in the Business Retention Program coordinated by the North Metro Mayors
Association/Community Resource Partnerships. The surveying of businesses continued during the
first quarter and will extend throughout 1994. At the January 10th Council meeting the City
Council authorized participation in the program for 1994. In January a Manufacturing Directory,
was distributed to all manufacturing participants and in February the 4-City (New Hope, Brooklyn
Center, Brooklyn Park and Blaine) pilot project received an "Excellence in Business Retention
Award" for the innovative business retention and expansion program from the Economic
Development Association of Minnesota. The program aggressively works to foster a healthy
economy by systematically surveying businesses to identify issues and opportunities.
~~iii~!ii~iii~~~ - During the first quarter, staff continued
actively participate on the TwinWest Business Development Sub-Committee which is in thc
process of updating the demographic data and community profiles of all TwinWest Cities.
13.
14.
~iii~~i:i~~ - During the nrst quarter staff met on several occasions with Brad
Hoyt, owner of a 19-acre industrial zoned parcel at 7300 49th Avenue, regarding development3~
the site. Development plans will be presented to the Planning Commission/City Council in Ap~
~:i!i~ii~i~i~!~ - During the first quarter staff met on several occasions with
District No. 281 representatives regarding preliminary plans for the development of an athletic
track facility at Cooper High School, including meetings with a traffic consultant. It is anticipated
that the School District will be presenting plans to the City and making a formal zoning
application during the second quarter.
15.
~.i.~.i.~~ ' During the first quarter City staff met with representatives of Mello
Smello regarding future expansion of their facility on Highway 169.
16.
~iiiii~~ - On February 2nd and 3rd staff attended a seminar by Publicorp on proposed
changes to tax increment financing legislation.
17.
~~!!~~ii~}:i~~ - Staff participated in the TwinWest Executive Call Program
during the first quarter and this will be continued into the second quarter. Thus far calls have
either been made or are scheduled with Bayport Controls, Midwest Container and Ben Franklin.
18.
~i~:::~i~ - During the first quarter the Codes & Standards Committee and staff continued
to research alternative sign code options to resolve the Ponderosa wall sign issue. A
recommendation will be made to the Planning Commission in April and be forwarded to the City
Council for action.
19.
.......· '~:::::::::~-~ ................ - During the first quarter Super America indicated to staff that they have decided
to proceed with the construction of a facility at 62nd and Broadway. Due to the fact that their
application expired two years ago, they will need to submit for another zoning filing and are
expected to do so in April.
20.
~i:~!i~ - During the first quarter staff continued to work with the petitioner on
a PUD application and this will be considered by the City Council/Planning Commission in April.
21.
~i.!.~~ - During the first quarter staff continued to work with Gethsemane
Cemetery officials on a Development Agreement and on outstanding fee issues.
22.
~ii~~ ' During the first quarter staff continued to coordinate on the Paddock
Laboratories development and an executed Development Contract and bond were submitted.
23.
~~iiii~ - During the first quarter staff continued to work with Lakeside Ltd. to resolve
Development Agreement issues.
Overall, the activity in the planning and development area has been high during the f~rst quarter, with
15 applications being made by the fLrst part of April and a good deal of staff time devoted to the Cooper
High School, Wrobel Rezoning and Ponderosa Wall Sign issues.
Kirk McDonald
Management Assistant/Community Development Coordinator
HOUSING AND REDEVELOPMENT AUTHORITY
First Quarter Report
The New Hope HRA continues to be busy with the management of housing programs and
redevelopment activities in the City.
Section 8 Rental Assistance Pro.am
Currently, the Section 8 Rental Assistance Program is providing assistance to 250 New Hope low
income families. This is down from the 255 families that were being served in December. During
this same time period in 1993, New Hope was providing assistance to 282 families, so overall the
program is serving a lesser number of families in 1994 as in 1993. The difference is due to the
new portability policy adopted by Metro HRA which allows families with vouchers/certificates to
move from one jurisdiction to another.
The breakdown is as follows:
Certificates Vouchers Total
January 183 69 252
February 184 70 254
March 182 68 250
The number of housing inspections has increased slightly compared to the same time period in
1993. During the first of quarter of 1994 a total of 88 inspections were completed, as compared
to 80 for the same time period in 1993.
A breakdown of housing unit inspections is contained in the following table:
Year
Initial Reinspect Total to Date
Section 8 66 22 88 88
Metro HRA has continued conducting quarterly meetings with the local housing representatives to
listen to complaints, work out procedures/problems, and to determine how clients can be served
more efficiently. New Hope's representative actively participates in these meetings. Also, during
the first quarter City staff continued to meet with Metro HRA representatives to begin discussing
contract issues, including areas where the City could assume more responsibility to increase the
amount of reimbursement received.
Community Development Block Grant Pro_re'am
A. ~~ - At the annual Community Development Block Grant public
hearing on March 28th, the City Council authorized the expenditure of $30,000 in CDBG
funds for housing rehabilitation, which became available on July 1st. All 1992/93 funds
have been expended or committed. Hennepin County manages the program for the City and
maintains a waiting list. The funds assist low income persons in making basic repairs to
homes that they own. Currently there is one residential household in the process of being
assisted, with two being rehabilitated and two on the waiting list.
During the first quarter two rehab deferred loan program repayment agreements were
approved. At the January 10th Council meeting a $10,000 loan was approved for 3136
Boone Avenue and at the January 24th Council meeting a $10,000 loan was approved for
7920 49th Avenue North.
~~!!~ - The annual CDBG public hearing was held on March 28th and
the City was notified that it would receive $176,799 in 1994 (July 1, 1994, to June 30,
1995) CDBG funds. This is a $17,306 increase over the 1993 funding of $159,493. The
City Council approved the following proposed programs, which are either on-going
programs or projects previously agreed to by the Council:
Activity_
Child Day Care
Senior Transportation
Housing Rehabilitation
Multi-Community Head Start Facility
Senior Adult Day Care Facility
Removal of Architectural Barriers
Budget
$15,000
11,550
30,000
8,100
33,000
79,149
$176,799
Subsequent to the public hearing, program statements were forwarded to Hennepin County
for approval.
~iiii~iii~iiii~ - During the .first quarter the City continued to pursue
several future projects which will be funded in part by previous years CDBG monies for
scattered site housing programs. The City finalized the purchase of the home at 5009
Winnetlm in February, which will be demolished and a new handicapped accessible duplex
constructed. Progress is now being made to seal the well, disconnect the utilities and turn
the structure over to the Fire Department for training purposes. The City also purchased
the vacant HUD home at 7109 62nd Avenue North, which will either be rehabilitated or
demolished and replaced with a new home and specifications for rehabilitation are in the
process of being drafted. The objective of the program is to provide home ownership
opportunities for New Hope low/moderate income residents who may or may not have
specialized housing needs. Both of these projects will also be financially supplemented with
other grant funds, besides CDBG, that have been awarded to the City. Environmental
reviews/assessments were completed on these properties (which is required for the use of
CDBG funds) by the Administrative Analyst during the first quarter.
Minnesota Housing Finance Agency Grants
$60,000 grant for the 62nd Avenue/West Broadway neighborhood to finance the acquisition
of a blighted property and to provide gap financing for either rehabilitation or
demolition/new construction to provide affordable housing for low/moderate income New
Hope residents. During 1993 staff identified an eligible property at 7109 62nd Avenue
North and the City Council authorized the purchase of the property at the September 27th
Council meeting. The City acquired the site and closed on the property in November.
During the first/second quarters of 1994 specifications for rehabilitation of the property will
be completed and bids sought for the work. This project will be financed with MHFA and
CDBG grant funds.
notified that the MHFA had awarded the City funding in the amount of $45,000 for a Land
Trust Grant Application. The MHFA drafted a loan com_znitment document which was
approved by the City Council at the November 22nd EDA meeting. These funds, in
conjunction with HOME and CDBG grant fundS, were utilized to acquire the property at
5009 Winnetlm Avenue North in February, 1994. During the second quarter demolition will
occur and specifications drafted/bids sought for a new structure.
Multi-Family Housing Financial Assistance Policies
At the July 26, 1993, EDA meeting a consultant agreement was approved with Public-Private
Ventures, Inc. to assist staff in formulating policies to address requests for funding assistance for
building rehabilitation/renovation work from owners of multi-family buildings in the City. Staff
worked with the consul~nt throughout the third quarter and the policies were presented to and
approved by the EDA on September 13, 1993. In conjunction with thc development of theses
policies, staff and the consultant also met with the owners/managers of two complexes seeking
assis~nce during the third and fourth quarters: New Hope Apartments and Park Square
Apartments. Staff presented a loan proposal to the EDA for the New Hope Apartments in
February, 1994, and the first multi-family financial assistance project was approved. The closing
is scheduled for the first part of April and the rehab work will get underway shortly thereafter.
Broadway Lanel Multi-Family Housing Refunding Revenue Bonds
On August 9, 1993, the New Hope City Council and EDA approved a resolution authorizing the
issuance and sale of Multi-Family Housing Refunding Revenue Bonds for Broadway Lanel, who
are the owners of the Anthony James Apartments at 61st and West Broadway. The project was
built as a tax increment project and housing bonds were utilized. The purpose of the refunding was
to refinance the bonds to allow the developers to obtain a lower interest rate. During the fourth
quarter of 1993 and the first quarter of 1994, staff continued to meet with the developers on a
loan/grant agreement to assist with a senior community center project. Final plans and loan
documents were presented to the EDA for consideration in February, 1994, and the EDA approved
the project. Construction of the senior community center will commence this spring.
CO-OP Northwest
A. ~!iiii~ ' During the fall of 1993, staff was notified that Hennepin County had
approved a $274,100 5-City grant application for Federal HOME funds. New Hope will
utilize its portion of the funds, in conjunction with other grant monies, to acquire the
property at 5009 Winnetka Avenue North and demolish the sub-standard home and construct
a new duplex that will accommodate special housing needs. The goal is to provide home-
ownership opportunities for low/moderate income new Hope residents with specialized
housing needs on a scattered site basis throughout the City. Staff continued to coordinate
the grant during the first quarter of 1994.
...... ... :::::::::::::::::::::::::::::::::: · :~:::: - ..:::..:::.- ·..~: ::: :.:::::: :.::::::: :.. ........ .......... · ....... :::.... ===============================================
....... 5:: "' :" ¢:~:i: ! ..!ii~..~ ' : '
B. ~i~~i~~~:~:::::::~~ - During the fall of 1993, staff assisted with
the formation of the CHODO Board of Directors by encouraging a variety of sectors of the
community to apply for positions. City Manager Dan Donahue was appointed as the City's
representative to the Board. The Board will oversee the expenditure of the HOME Grant
funds. An additional $10,000 was also received to assist with the staffing/administration
of the CHODO and staff is assisting in delineating City/consultant responsibilities. The first
5-City CHODO Board meeting was held in December, 1993, and staff continued to provide
support to the Board during the fa'st quarter of 1994.
C. ~ Staff continues to participate in the 5-City Multi-Jurisdictional
Housing/Human Services Group, which is seeking programs to integrate human services
with multi-family housing complexes. Seven action groups have been formed and staff
serves as Co-chair for the Housing and Family Services Action Group, which is in the
process of formulating a 1993/94 work plan. Besides serving on this Action Group and
reporting to/attending Executive Committee meetings, staff also continues to serve on the
Planners' Sub-Group, which meets on an informal basis to coordinate housing programs and
new initiatives.
Remodeling Fair
During the first quarter New Hope staff cooperated in a joint effOrt with the cities of Crystal,
Brooklyn Park, Brooklyn Center and Robbinsdale to sponsor the second annual Remodeling Fair,
which was held at the Crystal Community Center on March 19th. The purpose of the fair was to
encourage homeowners in the five cities to remodel/upgrade existing homes, with over 50 local
contractors in attendance with booths. The local banks participated by providing financial
information for home improvements and each City will provide information on zoning codes and
building code requirements. The 5-City police and f'ue departments will also be represented. The
fair was very successful with an estimated attendance of 3,000 residents.
MHFA First Time Homebuvers Program
During the first quarter the Administrative Analyst p~epared an application for New Hope to
participate in the Minnesota City Participation Program. The MCPP is a program through the
MHFA in which the MHFA is able to sell mortgage revenue bonds on behalf of participating cities
to meet locally-identified housing needs. The proceeds from the bonds provide below-market
interest rate mortgage loans for low and moderate income first-time homebuyers. The City of New
Hope is applying for $2 million. For 1994, the MCPP program term is six months. During the
first four months, participating cities have exclusive use of their individual allotment. During the
final two months, the individual allotments will go into a statewide pool that will be available to
all MCPP participating cities. The program term will begin shortly after the bond sale which
should occur during the summer of 1994. In order for persons to apply for money through this
program they must:
a) be a first-time homebuyer;
b) occupy the home within 60 days of mortgage closing;
c) meet certain household income requirements ($31,744 or less (for a family of four);
d) and purchase an existing home for $85,000 or less, or build new for $95,000 or less.
The fee for participating in the program is $20 for each $100,000 in allotment provided. Also, an
application deposit of 1% of the allocation amount specified in the agreement. The 1% deposit is
refunded within a month of the closing of the bond sale. The EDA approved the submittal of the
application the tm'st part of April.
Kirk McDonald
Management Assistant/Community Development Coordinator
ENGINEERING PROJECTS
First Quarter Report
Progress took place on the following major engineering projects during January/February/March,
1994:
~i~~?~~ii~~!i~ - A second informational meeting was held with
property owners in February to identify specific walls to be reconstructed/removed/repaired
and a feasibility report will be presented to the City Council in April.
~iiiii~ii~~ - At the March 14th Council meeting,
the City Engineer presented a report regarding the televising of Trunk Sanitary Sewers. Only
one major repair was recommended at 5701 International Parkway at an estimated cost of
$15,000. The Council accepted the report and the engineer will proceed to draft specifications
for the project.
City Council approved the f'mal pay request to Richard Knutson, Inc. for the 1992 Local Street
Resurfacing and Utility Project in the amount of $38,127.83.
28th Council meeting, the City Engineer presented the Feasibility Study on 36th Avenue Street
Improvements between Winnetka and Louisiana Avenues and the Reconstruction of 36th
Avenue Railroad Bridge and a motion was made to accept the report. There was also
considerable discussion regarding the transfer of the Soo Line Railroad Bridge to the City and
this matter was tabled and staff continues to pursue a variance to this process.
At the March 14th Council meeting, the City Council passed a resolution providing for a public
hearing on this improvement on April 1 lth.
At the March 14th Council meeting, the Council also passed a Resolution Declaring Intent of
City to Reimburse Costs for Project #486 with Tax Exempt Debt and Establishing Compliance
with Reimbursement Bond Regulations.
the City Council passed a resolution approving plans and specifications for the Public Works
Salt Storage Building and Site Improvements and authorized advertisement for bids. Estimated
cost for the improvements is $377,700 and the project will be financed from the 1994 Capital
Improvement Program.
~ii!!i~ii!ii~iii~::::~i!iiii~,;:~~i?: ~~- Finalization of the contract on
Phase I City Hall Remodeling ~s expected this spring with work to be completed on several
remaining outside items.
~~ii~ili!i~ii~iiiii~!!ii~ - The Stormwater Management Plan Task Force
conducted its last meeting in February and approved the preliminary draft of the Surface Water
Management Plan. The plan has been presented to the Watershed Districts for review and
comment and will be presented to the City Council this spring after additional revisions.
10.
11.
~iii~iii~!ii~!i:~ii~ii~~ii~ii~ - Throughout the first quarter City
staff revised and f'me tuned plans and specifications for Phase II City Hall Remodeling and the
revised plans will be presented to the City Council this spring. ~-~
Council meeting, the City Engineer presented plans and specifications for the repainting of the
42nd Avenue Railroad Bridge. Estimated cost at the time was $82,000 and the project would
be funded with 42nd Avenue tax increment funds. The Council approved the plans and specs
and authorized advertisement for bids.
Throughout the first quarter staff coordinated with the City Forester, City Engineer and a
landscape architect to prepare landscaping/maintenance upgrade plans for 42nd Avenue. The
project will be presented to the City Council in April.
'meeting, a Design Engineer from Bonestroo and Associates presented a Feasibility Report on
Tennis and Basketball Court Evaluation. The purpose of the study was to develop a schedule
of improvements over the' next four years for the ten basketball courts and six sets of tennis
courts in the City. The proposed 1994 program includes basketball court improvements at
Terra Linda, Liberty, Sunnyside, Northwood and Lions Parks for an estimated cost of $81,200.
The Council accepted the study and authorized the preparation of plans and specifications for
the 1994 improvements.
~iiii~i!!iii~iiii~iiii~iii~ - At the March 31st meeting, the City Council
approved plans and specifications for park shelter roof repair at Liberty Park and authorized
the advertisement for bids.
Kirk McDonald
Management Assistant/Community Development Coordinator
TO : KIRK McDONALr~
FROM: DOUG SANDSTAD
DATE: APRIL 20, 1994
SUBJECT: FOCUSED P,E~IEW OF EXISTING CONDITIONS-INDUSTRI&L LAND WITH
OUTDOOR STOP, AGE AND/Of[ "FRONT" PARKING.
This summary and the attached graphics respond to a recent Planning Case,
number 94-9 and the staff perception that our older front yard parking
prohibition in the I-1 Zone may be obsolete or in need of improvement,
most recently discussed with Planning Case number 94-8. The former involved
.an industrial property owner who was ordered to remove illegal outdoor
storage or obtain the necessary CUP. His petition is pending. The latter
case involved a recently approved office-warehouse project of Brad Hoyt's
with significant front yard parking that was well buffered with landscaping
and eventually approved by both the Planning Commission and Council.
The pertinent city code sections for outdoor storage in industrial areas
are; 4.142, 4.144, subdivisions 1, 2 & 12, 4.145 and general language in 4.21.
Note that 4.142 lists one classic major outdoor storage business as a Permitted
Use , Lumber Yards (#7)! By code , all other outdoor storage varieties require
a CUP.
The code language that relates to "Front" parking in industrial areas is
4.145(4) and 4.145(5) and 4.022(84). The latter deals with the definition
of a "front yard", although the parking issue at hand results from "parking
in front of the building" verbage which normal humans take to be the same.
Not this time. We have a number of industrial properties on lot corners or
"through" lots where building front and front "yard" are different. See photos
#6 and #17. While both are attractive lots with greenery on the pictured
street, #17 represents the prohibited parking in "front", which is also
the front "yard". Photo #6 illustrates how the front "yard", as defined,
has nothing to do with the perceived front, usually where the entry exists.
This is a green front yard that complies with the code intent in 4.022(84)
but the actual parking is lumped in the defined side yard along Boone
Avenue, where the front door is (the perceive4 front). While the practice
has been to consider the I-1 limitation language to pertain to front "yard"
parking, it does not say that in 4.145(4). Only a Zoning Administrator could
follow this maze. Perhaps we need to clarify and modernize.
In brief, the assorted photos will confirm my conclusion after visiting all
115 industrial lots in the last week: All of the existing parking situations
have been Planning Commission and Council approved. Most of the projects
built since 1970 have a reasonable strip of greenery between the parking
lots and the public street near the main (front) entry. They all include
sod and a few trees, while many have a berm and shrubbery, also. Photo #12
has been enlarged for you (before the trees have had a chance to leaf out
this Spring) to show a recent office-warehouse whose building and four front
doors are almost concealed from street view to "screen" about 6 parking
spaces. This building is nearly 100 feet back of street curb. It may make
more sense for everyone to focus on the quality of the front landscaping,
continued...
and the value in our new 2OZ Green Area Ratio. In addition, the security
is enhanced because our police patrol cars can view front doors without
high berms in the way, otherwise encouraged by 4.145(6), requiring
screening. Site design flexibilty is restored to the property owners, while
the variety and investment in the greenery can be assured through our
process, if we recognize how development has occured. Some property owners
in I-1 zones are now able to consider building expansion, because of our
1993 decision on green area ratios, but are prevented from adding required
parking in "front" where an oversized yard exists. Everyone agrees that
the street views of a property, regardless of which "yard" the code labels it,
are always more important from an aesthetic and property value standpoint.
Maintenance of properties, including industrial, is related to the owners
willingness to fully, reasonably, develop and use the building and land.
We can encourage investment and improve the "curb appeal" of industrial
lands, by removing an artifical barrier to "front" parking and placing
emphasis on the quality of the site design, by policy or law. For example,
the same I-1 list of special restrictions in 4.145 requires a 20 foot green
yard along lot lines near residential and 10 foot along other properties.
Ignoring the question of the increasingly blurred line that used to contrast
"Heavy Industry" (I-2) from "Limited Industry" (I-l), we could establish
a minimum green setback along those visible street areas of something like
25 feet, allowing significant landscaping, while continuing to require the
20% G.A.R. in I-1 zones. Another observation I made during this survey
is that "Visitor" parking signs, suggested by 4.145(5), are now missing,
never were installed 20 years ago, are ignored by employees and the owner
of the business, who expects to park by the front door, or seem to make
no sense to normal humans. Since we do not allow property owners to "reserve"
parking spaces on their land with signs, except for state required disability
parking, the posting of a few "Visitor" signs seems superfluous.
Attachment "A" provides the counts for both front parking and outdoor storage
scattered among our industrial properties.
Outdoor storage in industrial zones always requires a CUP, by city code.
As identified by Mr. Palanisami in his recent planning case discussions,
significant numbers of violations exist on this subject. A quick survey
of all 115 lots suggest that about one-third of the outdoor storage uses
are illegal! Semi-trailers seem to be the most common variety, as revealed
in photos #I, 13 and 15. Note that photo #15 is approved outdoor storage
with screening-solid fencing,shrubs and a hill near the property line. It
is barely visible from the street 400 feet away. Photos fl and 13 are taken
near heavily-traveled roads, Medicine Lake Rd. and State Highway #169.
Both uses are plainly visible. Photo fl is the Petitioner requesting a
CUP and the bottom photo shows the adjacent neighbor with about 10 semi-
trailers, not-approved by the city. In general, New Hope has approved
many CUP requests for outdoor storage, but they tend to be located in rear
or less-visible areas and to some degree have visual screening. Photo #14
is an approved CUP with storage on an expensive slab with solid screening
fence in the rear yard of a lot. Photos #10 and 11 show front and rear
storage plainly visible through an open cyclone fence~the same lot. The
numbers clarify that it is somewhat common to have a need for outdoor
storage in our least sensitive zoning districts, and Council has recognized
this fact with many approvals. The same code even~allows a lumber yard
in these areas without special approval. Should the focus of the city be
continued...
on the presence of any storage in industrial areas, the visibility of same,
the location (yard), the CUP ordinance language & conditions, making minor
outdoor storage a permitted use with a few conditions, or none of the above
Perhaps the type of material and equipment stored is important. The attached
chart "A" and the four industrial land maps do not even include above ground
LP tanks, which until recently, did not require a CUP. Staff only allow them
at construction sites and in the industrial areas. Unlike most storage,
these tanks are fixed in place and carefully regulated and inspected by the
Fire Marshal. Chart "A" numbers would be much higher for outdoor storage,
if they are lumped into the same category. In one sense, we need to remember
that it is an industrial area we are considering. Security fencing around
most of the industrial storage seems to be justified, although not always
present. The Fire chief found an untended, unlocked semi-trailer half-full
of combustibles last week on one lot, stored away from the building.
The Palanisami CUP request has some uniqeness;
*The lot is nearly a triangle, with all four building walls and yards
visible from one of three roadways.
*The adjacent neighbor has major outdoor storage of semi-trailers
without apparent city approval.
*This request is small compared to a site on the south end of the city
that had 19 semi-trailers illegally stored !
Both of the code-generated issues discussed, here, may be evidence of the
need to consider zoning codes and planning policies dynamic processes.
Like buildings, you can't just erect them and forget about them. You have
to watch for foundation cracks, patch roof leaks and tighten loose
stair handrailings. I am certain that the quality of our newer buildings
and site plans is much improved over the standard practice of 1962, but
we may want to modernize a code section or two,before the "roof leak"
gets too bad.
If there is some interest in considering code amendments, I recommend
that we landfill the obscure language and simplify, so that everyone
can understand the meanings. Please advise, if you would like additional
details, or a meeting to pursue the matter.
cc: file
17 attachments
City of New Hope
INDUSTRTAI. PROPERTY LIHITED SCOPE STUDY
April 20, 1994
Industrial
Land
Map:
BASE DATA: 96 Lots I-1 Zone (83%)
19 " I-2 " (17%)
total 115 Properties
A
B
C
D
Council Approved:
1
OUTDOOR STO~GE~ "FRONT" PA~ING:
I-1 I-1
I-2 I-2
11 - 13 -
2 3
I 2
11 -
25
total
- 3
4 6
5 22 9
(~[26 Z] total (~ [27 Z]
66 Z 100 Z
NOTE:
47 Different properties have storage or front parking [41%]
10 Lots have illegal storage [9 %]
1
Does not include LP tank installations
All Properties visited between April 14 and April 20,1994.
DES 4-94
New Hope
Industrial Land
PlAPKEY:
ZONING DISTRICT MAP
CITY of NEW' HOPE
R.0
VICTORY
PA~IK
t
RAILROAD COMPANY
R
tEN?tN NO
R.4
CirNT[R
ATHL£T~
FIELD
19 TH BAVF
$" "Og'l"lXX)~ S'1'0~
' photo ze£eze~ce
[L - "T..O&DZ]IO ]:]i I~'~)B'EO~ 8UI*LDUqG"]
R-4
$4 ?~4,
R.4
1
!
~c~
A~£NA
I ! I
I ! !
S - "OUTIMOR STORAGE"
P" "PARK]~G TW FRONT O~ BUTLDING"
' photo reference number
[L - "LOAD~G ~ FRONT OF BU%LD~qC"]
R.4
AOil.
OlrlflC(
I
S - "OUTDOOR SI'OF, ACE"
P ' "I'ABZ~[IIG ]]1 FRONT O! BU'r_LDI. NG'
- Ph°co z'e£erence mmber
[L - 'tI,G&D]]IC. ]~N li'f, OilT OF BUII.DZNG"
S '* uOUTI)GOR STORAGE"
P" "PARI~HG TW FRONT O~ BU~LDLlqG''
- phot:o reference mmber
IL - uLOAD]~G 't'w FRONT OF BU'J~LD~qG']
.4.
.!
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I-:'
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Sp,~gneH~
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
City Council
Worksession #3
April 18, 1994
City Hall, 6:40 p.m.
CALL TO ORDER
ROLL CALL
SEALCOATING
PROGRAM
Item 11.1
City Council Worksession
The New Hope City Council met in special work session pursuant to due call and
notice thereof; Mayor Erickson called the meeting to order at 6:40 p.m.
Present: Erickson, Wehling, Otten, Enck, Williamson
Mayor Erickson introduced for discussion Item 11.1, Sealcoating Program;
Approval of Specs for New Cab and Chassis with Truck Mounted Oil Distributor.
City Manager Dan Donahue informed Council that an analysis has been prepared
outlining the City's Sealcoating Program's performance over the past several
years and comparing neighboring cities (Plymouth, Brooklyn Park, St. Louis Park,
Crystal, Golden Valley, and Minnetonka) who have all contracted for sealcoating
services. He stated staff has held discussions with Public Works Directors of
neighboring cities and has reviewed their specs and sealcoating programs in an
effort to determine whether the City of New Hope should retain this service in-
house or contract out this service.
Mr. Don Larson, Public Works Superintendent, informed the Council of his
findings regarding the pros and cons of contractual versus in-house sealcoating
programs. Mr. Larson indiCatedthis information is included in the report provided
to Council. He reported that he has asked a representative from Allied to address
the Council. Allied is one of the largest contractors in the area and receives about
99% of the bids. Mr. Larson stated that St. Louis Park and Golden Valley are two
communities that have an in-house program and favor this method in all areas.
Councilmember Enck stated that every budget year another piece of equipment
is needed as well as storage space. He questioned the impact on the budget if
the City were to contract sealcoating out but yet continue to pay city personnel
wages. He noted the sealcoating process may not be handled as timely as
conducting it in-house since a contractor may have several contracts to fulfill.
Councilmember Otten questioned Whether city employees would be assigned to
other projects if the in-house sealcoating program was discontinued. Public
Works Director Roger Paulson replied that their time would be transferred into
storm sewer repairs, catch basins repair or sidewalk repairs. City Manager
Donahue stated that the labor pool would still exist and would have to be paid;
therefore, it would be necessary to either decrease the labor pool to avoid the
cost or spread the cost through the program.
Councilmember Otten inquired if there are jobs that are being short suited because
of the sealcoating. Superintendent Larson stated he did not think so as there are
only two to three weeks that are spent sealcoating, but personnel is still needed
to do other jobs all year round. He noted if the sealcoating would be contracted
out, other projects could be enhanced.
Councilmember Wehling asked if funds would be saved by contracting out the
sealcoating. Public Works Director Paulson stated there would be no savings and
possibly a greater cost to contract out for sealcoating. Superintendent Larson
- 1 - April 18, 1994
indicated he could demonstrate ways the City would save money by doing the
sealcoating in-house.
Gene Capistrant, Allied, was introduced to the Council. Councilmember Enck
stated that the City has been doing their sealcoating in-house and with
contractual services coming to the forefront asked Mr. Capistrant to discuss what
Allied could provide to the City.
Mr. Capistrant stated he feels the City has done a very good job with their
sealcoating program although there has been some problems with the chips not
bonding with the sealcoating. He continued by stating that he feels contracting
would be a less costly way to implement sealcoating considering the factoring in
of engineering costs. Mr. Capistrant stated that with four road crews available
to them, their company could probably get the job completed much faster than
the City. He stated there are cheaper ways to sealcoat by using cheaper or
smaller aggregates that would cut down the asphalt application and save money.
Mr. Capistrant said that as far as control is concerned his firm is on top of jobs
and equipment and tries to micromanage contracts.
Councilmember Enck asked about weather related jobs. Mr. Capistrant stated
that his company goes by current state specifications showing dates when
sealcoating should be started.
Mayor Erickson asked what cities are currently served by Allied. Mr. Capistrant
replied that they are contracted with Maple Grove, Burnsville (joint venture with
Lakeville and Apple Valley), Brooklyn Park, and Blaine. He stated if they were
contracted by New Hope, the process would be completed in 3 or 4 days' work.
Mr. Capistrant indicated the City can rent his company's sweepers for
approximately $60 an hour and get the job done in a few days and not have to
pay the operators or maintenance so that would be a savings to the City.
Councilmember Wehling inquired if the City could rent their oil distributor. Mr.
Capistrant replied that it could be rented to the City, but the aggregate would
have to be applied efficiently so that Allied could proceed quickly.
The City Council thanked Mr. Capistrant for attending the worksession.
After further discussion, it was the consensus of the City Council to rent the oil
distributor from Allied for this year's sealcoating program after the budgeting is
determined and an agreement is approved by the Council.
1994 FIRST
QUARTER GOALS
& OBJECTIVES
The City Manager explained to Council that staff breaks down services by
programs in order to form each department budget. Mr. Donahue stated the
program statements illustrate each department's program goals and objectives.
He commented regarding the Quarterly Report indicating it contains <nuch data
although it does not reflect whether departments met their quarterly goals.
The City Council reviewed the Quarterly Report submitted by the various
departments and felt the report was too lengthy. They suggested revising the
format to contain a synopsis with a data report to support the synopsis. Mr.
Donahue stated he would ask staff to experiment with the ideas recommended
by Council.
Counciimember Otten stated he envisioned the quarterly workshops to be more
of an informal meeting which would allow discussion regarding each department' s
City Council Worksession - 2 - April 18, 1994
quarterly goals and any budget or personnel problems. Councilmember
Williamson suggested that the next quarterly workshop agenda contain no extra
items thereby enabling the Council to focus solely on goals and objectives.
HOME
OCCUPATION
ORDINANCE
Item 1 1.3
Mayor Erickson introduced for discussion Item 11.3, Home Occupation Ordinance.
City Manager Donahue stated last December this item was before the Council.
The Council tabled it until a future work session to discuss whether the proposed
changes to the ordinance were sufficient or warranted. Mayor Erickson stated he
felt that the existing ordinance was working very well, and he is unaware of any
problems. Mr. Donahue stated that some of the issues related to traffic coming
into neighborhoods and also the issue of additional employees. Mr. Donahue told
Council the City Attorney has indicated it would be hard to regulate traffic and
parking because the zoning codes allow on-street parking for six hours.
Councilmembers Enck and Otten commented that they are not in favor of
expanding the home occupation ordinance.
CHEMICAL
HEALTH
AWARENESS
COMMISSION
Item 11.4
Councilmember Enck recommended that Section 4.038 (3)(b) Traffic and Section
4.038 (3)(c) Em I_._~QLp_y_~ be eliminated from the ordinance and Section 4.038(3)(e)
Sale~ on Premises and 4.038(3)(f) ~ be included in the amendment
to the ordinance. Mr. Donahue indicated he will direct the City Attorney to revise
the proposed ordinance amendment for approval at a Council Meeting.
Mayor Erickson introduced for discussion Item 11.4, Future of the Chemical
Health Awareness Commission.
City Manager Donahue said he is seeking direction from the City Council on the
issue of the Chemical Health Awareness Commission. He asked Council if they
would like to have the Commission status ClUO or wait for an incident or issue to
come forward. Councilmember Williamson reviewed the purpose for the Chemical
Health Awareness Commission stating that they worked with the detached
worker and the school district. Councilmember Williamson stated at this time
there are several programs from other sources so she does not see the need for
this Commissionl The City Manager stated that if the Council wished they could
transfer these duties to the Citizen Advisory Commission and give them the
authority to put together a special study group. Councilmember Williamson stated
she would like to do this on a sub-committee basis and if a program came up that
needed some investigation or public input, then the Advisory Commission could
take the initiative. The City Manager stated the existing ordinance would require
an amendment to transfer the duties to the Citizen Advisory Commission.
OPEN MEETING
LAW VIOLATION
INSURANCE
Item 11.5
Mayor Erickson introduced for discussion Item 11.5, Open Meeting Law Violation
Insurance Coverage.
Councilmember Enck referred to a recent Minnesota Cities magazine article
regarding this issue and pointed out that chances are no current Council member
will intentionally violate the Open Meeting"Law; however, social events may
become an issue. Mayor Erickson favored the insurance coverage for self-
protection because of the "law-suit happy" society which exists today.
Councilmember Enck asked staff to have the city attorney look into whether or
not the open meeting law is being violated by Council if it is the perception of
people that getting together socially after a Council meeting is a violation. Mayor
Erickson suggested asking the City Attorney to spell out the parameters that
Council has to abide by if Council does socialize as a group.
GRANT CONTRACT
Item 11.6
Mayor Erickson introduced for discussion Item 11.6, Resolution Accepting Grant
Contract for a Cooperative Housing Planning Project from the Board of
City Council Worksession - 3 - April 18, 1994
RESOLUTION
94-55
Item 11.6
OTHER BUSINESS
ADJOURNMENT
Government Innovation and Cooperation (hereinafter Board) to the City of New
Hope (hereinafter Grantee) on Behalf of COOP Northwest.
Mr. Donahue stated COOP Northwest has obtained a $50,000 planning grant to
study cooperative housing planning projects in its five cities. He explained the
urgency in getting the resolution adopted enabling its submittal to the state. In
order to establish good financial controls, the City of New Hope will be handling
the funds until the accounting work can be transferred to another organization.
Councilmember Enck introduced the following resolution and moved its adoption:
"RESOLUTION ACCEPTING GRANT CONTRACT FOR A COOPERATIVE HOUSING
PLANNING PROJECT FROM THE BOARD OF GOVERNMENT INNOVATION AND
COOPERATION {HEREINAFTER BOARD} TO THE CITY OF NEW HOPE
{HEREINAFTER GRANTEE) ON BEHALF OF COOP NORTHWEST." The motion for
the adoption of the foregoing resolution was seconded by Councilmember
Wehling; and upon vote being taken thereon; the following voted in favor:
Erickson, Enck, Otten, Williamson, Wehling; and the following voted against the
same: None; Absent: None; whereupon the resolution was declared duly Das~ed
and adooted, signed by the mayor which was attested to by the city clerk.
Councilmember Wehling informed Council of a number of issues she would like
to discuss at future worksessions:
1)
2)
3)
4)
5)
6)
7)
Housing Issues - deteriorating housing
Senior Citizens
42nd Avenue Landscaping
Mielke Field
Vermin Infested House
Human Rights Commission
Emergency Management Plan
The City Council set the next worksession to discuss the Human Rights
Commission for MaY 2, 1994.
Motion by Councilmember Wehling, seconded by Councilmember Otten, to
adjourn the City Council Worksession. The meeting was adjourned at 9:03 p.m.
Respectfully submitted,
Valerie J. Leone
City Clerk
City Council Worksession - 4 - April 18, 1994
TO: DAN DONAHUE
FROH: DOUG SANDSTAD
DATE: APRIL 21, 1994
SUBJECT: 'KIHBALL PLA~~ CONCEPT IDEAS ADJACEN~ TO CHURCH OF ST. JOSEPH~S
I have provided three concepts on the attachments that probably cover
the spectrum of potential single family housing on and near the Kimball
home. All three meet minimum standards for R-1 development. I have
identified the approximate tree line around the-perimeter of this
valuable property, even though we have no tree preservation ordinance.
The public drainage i~provements in concepts "B" and 'tC" could benefit
the neighborhood and lessen downstream Bassett*s Creek flooding. Our
draft Haster Plan recommends ponding upgrades, here.
Let me know, if you would like larger or more detailed concepts. As
always, I would be glad to meet on the subject.
cc: HcDonald
Bellefuil
Hanson
file
(44) ....
I' / Permit'S. ed ~ensi C7 = '"4.6/acre ].
I ~-~, Average lot area '12 780 s~
4 ~ '- ~ '~ ~: " [M_in~mun Lot Area = 9',500"sfl.'
(]0) " ~ ·
· " Existing home.. relocated
(3i)'
3
(32)
PROJECT DATA:
(~ers:
Kimball Church
135,953 si + 37.800 sf= 173,253
'Street: 14,850 + 17,420 = 31,850(4a)
(.Ta
Residential: 141,900 (3.2a)
12 Lots; DEHSITY= 3.7 units/acre
[Permitted Density=4.6 units/acre].
Average Lot Area= 11,825 sf
[Nini~nm Lot Area= 9,,500 sf]
Existing Home Relocated
Stomvater improvement~ included
Scale: 1" = 100'
IO
(44)
N
(3)
4
(41)
$
(4~)
!
(3O)
(40) '
I!
(45)
(30 ~=,
141.'71}
I0,...'1
:.i
."...PROSECT DATA:;
[~{mhalt .'.' ~,=Church
.... .o-~.':.'~ . ~ . .: J-. . ..~ ~ . --
.' .35~9~.~f. '-~+.'~'5I;~00~i87;753
· . ~' "-'..- -'i "': '.~-: ~' (4.3a)
23,500 ~ 17'420~ 40..920
'' " ..'(';94a)
~ident~aZ: 146,833 sf (3.4a)
iots;'Dl~lSlT~=:3.8tmits/acre
i~er~l, tted Den*itT=4.6 un~ts/acrel
A*~rage.Lot'~.ea-= 11.294 sf -'
~mLot lrea ~ 9,500 sf
~t~ng ~om Relocated
Stomwater ~ro,~ents included
/ ·
(~)