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071294 Planning*4.2 *4.3 *4.4 5.1 5.2 7.1 7.2 7.3 AGENDA PLANNING COMMISSION MEETING OF JULY 12, 1994 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL CONSENT PUBLIC HEARINGS Case 94-18 Request for Conditional Use Permit Amendment to Allow Educational Classes at Beautiful Savior Lutheran Church, 3351 Independence Avenue North, Hope Alliance Chapel, Petitioner Case 94-19 Request for Site and Building Plan Review/Approval for Building Addition, 7849 42nd Avenue North, Country Kitchen of New Hope, Petitioner Case 94-20 Request for Preliminary Plat Approval, Site and Building Plan Review/ Approval and Concept Planned Unit Development Approval to Allow Building Addition, 3920 Winnetka Avenue, 3941/3961 Quebec Avenue North, Kellison Company/Don Harvey, Petitioners Case 94-14 Request for Conditional Use Permit Amendment and Site/Building Plan Review/Approval to Allow Expansion of School Uses in an R-1 Zoning District, 8230 47th Avenue North, Independent School District No. 281 (Cooper High School), Petitioner 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 June 7, 1994. Review of City Council Minutes of May 23 and June 13, 1994. Review of EDA Minutes of May 23 and June 13, 1994. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance xnning Case: Request: CITY OF NEW HOPE PLANNING CASE REPORT 94-18 Conditibnal Use Permit Amendment to Allow Educational Classes at Beautiful Savior Lutheran Church Location: PID No: 3351 Independence Avenue North 19-118-21-23-0001 Zoning: Petitioner: Report Date: Meeting Date: R-1 Hope Alliance Chapel July 6, 1994 July 12, 1994 BACKGROUND At the June 7th planning Commission meeting staff recommended, and the Commission concurred, that this request be tabled for one month so that the petitioner could address the building code issues, prOvide more detailed plans, meet with the Design & Review Committee, and conduct a neighborhood meeting. The petitioner has completed all of these items and staff is recommending that the Commission now proceed to consider the request. The petitioner is requesting a conditional use permit amendment to allow Hope Alliance Chapel/Beautiful Savior Lutheran Church to lease space to District No. 287 for purposes of conducting educational classes (grades K-6) at 3351 Independence Avenue North, pursuant to Sections 4.054(1) and 4.21 of the New Hope Code of Ordinances. ° This conditional use permit amendment is being requested by the board members of Hope Alliance Chapel as a joint effort with Beautiful Savior Lutheran Church, and Intermediate School District 287. Intermediate School District 287 has identified a need to locate educational facilities outside the local schools to aid in the learning of students with special needs. The total number of students and staff for the facilities will be 50 individuals. Research by Intermediate School District 287 has identified Beautiful Savior Lutheran Church as the preferred facility to meet the needs of their program. A brochure from the district highlighting the program has been attached for reference. Implementation of this conditional use permit amendment is contingent upon sale of the subject property to Hope Alliance Chapel and a lease agreement with Intermediate School District 287. The petitioners state in their application that currently special needs students from New Hope and other adjacent suburbs are being transported by busses to a facility in Richfield. This cooperative agreement between the Intermediate School District 287 would allow local students to attend school in their home area. In addition, use of an existing tax exempt facility by the school district would prevent another facility from being removed from the tax rolls to accommodate district needs. The members of Hope Alliance feel that this agreement, if approved, will be of mutual benefit to the community and to the City as a whole. 5. The petitioner has provided the following summary of issues for the existing site and its intended use: Planning Case Report 94-18 July 6, 1994 Page 2 EXTERIOR A. The existing parcel is a 4.2 acre site with a sanctuary and educational wing. Parking facilities include a total of 181 stalls with 5 of those stalls being designated for handicapped parking. Bo Students enrolled in the program will be bussed to the facility by single unit busses (minibus vehicles) or vans. It is anticipated that a total number of 7 busses will be used for daily transport of students. Busses will load and drop off students at the northeast comer of the educational wing of the facility in accordance with attached drawing labeled A-1. Students and staff will have direct access to the classrooms. Do These busses are anticipated to utilize 36th Avenue North and HiHsboro Avenue to enter and leave the facility on the north side of the parcel. In addition, it is anticipated that approximately 15 staff members of the school district and visiting parents, will utilize the off-street parking lot during the normal business hours of the school. It is expected that there will be one delivery of food per day utilizing the same traffic route as the busses. INTERIOR A. The existing facility has a total area of 20,400 square feet, and is divided into two areas: Assembly/Sanctuary 6,880 sq. ft. Educational Wing 13,520 sq. ft. The school district will be utilizing only the educational wing of the facility. There will not be simultaneous use of the facility by Hope Alliance and the School District. At this time, Hope Alliance does not anticipate any major interior or exterior renovation. If issues arise during negotiations with the School District that would require any renovations, Hope Alliance will submit architectural or structural drawings to the City for review as part of the building permit and inspection process. The program is designed to serve K-6 grade Emotionally/Behaviorally Disordered (E/BD) students needing a Level V service who are referred by their school districts. After all local district program options have beenexplored, students are served based on a need for a more restrictive setting. The students attend self-contained Classrooms at a segregated site in which educational, behavioral, and social needs are .addressed. This is a special alternative school environment, structured to meet individual educational, behavioral, social and psychological needs of E/BD students and their families. Services are provided during the school year. Summer services are available, based on funding. A full range of academic, behavioral, and mental health services are available through appropriately licensed staff. The emphasis of the program is for the students to acquire appropriate social, behavioral, and academic skills to allow them to succeed. Transition to mainstream within the host school is encouraged. Special education services are provided by appropriately licensed staff. Planning Case Report 94-18 July 6, 1994 -'age 3 The church site is zoned R-1 Single Family Residential and is allowed under a previously granted conditional use permit. The added school use would require an amendment to the existing CUP. The site is surrounded by R-1 Zoning District single family homes on the north, east and south and the site abuts Highway 169 on the west. The existing site was rezoned from commercial to residential in 1960. The topography of the property is flat on the north half, sloping downhill to the south 14 feet over a distance of 500 feet. Trees exist on the west side of the site. Property owners within 350' of the request were notified about the June public hearing, at which time it was announced that this request would be tabled until July 12th. The surrounding property owners have not been re-notified by the City. Several adjacent property owners have contacted the staff and indicated that they were concerned about this type of use in their neighborhood. It is staff's understanding that a petition has been circulated in the neighborhood opposing this use, however, it has not been presented to the City at this time. ANALYSIS Public, Educational, and Religious Buildings. (Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary_, junior high and senior high schools; and religious institutions such as churches, chapels, temples, and synagogues) are allowed by conditional use in the R-1 Zoning District provided that: Side Yards. Side yards shall be double that required for the district, but no greater than 30 feet. Parking. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use and that such parking is adequately screened and landscaped from surrounding and abutting residential uses. Off-Street Loading. Adequate off-street loading and service entrances are provided and regulated where applicable by City Code. 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 buildin gs, 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. Planning Case Report 94-18 July 6, 1994 Page 4 Other general criteria to be considered when determining whether to approve of deny a conditional use permit include: 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. Compatibility. The proposed use is compatible with its adjacent land uses. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so the existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 4. The Building Official has conf'umaed that all building code related issues have been or will be resolved, therefOre, this previous concern is no longer an issue for City staff. The architect for the project has issued the attached letter stating that they will meet all applicable building code requirements for the area designated as E-2 Occupancies (schools). 5. A neighborh~:me~ting was conducted on June 22nd and all of the property owners noticed by the City were in~ to attend. Four persons attended the meeting and they were primarily adjacent property owners. A synopsis of the questions asked/issues discussed is enclosed and this synopsis was mailed back out to all property owners originally noticed. Staff commends the petitioner for the efforts they have made to inform the neighborhood about this program. Major concerns that were discussed or clarified included the following: Ao Age of Students - The age of the children will range from 5 - 12 years old and will not include any students older than that because the building does not meet the requirements for secondary students. Planning Case Report 94-18 July 6, 1994 ~age 5 Bo Increased Traffic - Five or six vans will be used to transport students and there will be no large school buses except for an occasional day field trip. Also, the congregation size of Hope Chapel (170) is considerably smaller than Beautiful Savior (1200), so after the change of ownership the overall flow of traffic (even with the school) will be greatly decreased. Supervision - The student/adult ratio is about 2 1/2 students for one adult and professional staff meet the vans and escort the students into school. Do Maximum Students/Staff- The program will start with 25 and the maximum limit for people in the program is 50 (students and staff). E. Length of Lease - It is anticipated that the school will lease the church space for five years. Fo Screening - A hedge of shrubs will be planted on the north and south ends of the property to help screen residential views. South Entrance - The question of closing the south entrance to slow down divers who speed through the parking lot is being explored. The petitioners met with the Design and Review Committee on June 23rd and the following issues were discussed: explanation of program and shared use, number and ages of students, transportation/ traffic issues, hours of operation, outdoor recreation area, landscaping, signage, south driveway gate, refuse storage, snow storage, and neighborhood meeting. 7. Site plan data is listed below: Lot Size Building Area: Green Area Asphalt Area Concrete w~ = 182,950 square feet = 4.2 acres = 20,400 square feet = 11% = 90,300 square feet = 50% = 68,160 square feet = 37% = 4,090 square feet = 2% 8. The landscap~plan includes the planting of 74 new shrubs/trees on the site, as listed below: Arrowwood Viburnum Andorra JuniPer Welchi Juniper Red Prince Weigela Snowmound Spirea 60 each 36" ht. 5 each 24" sprd. 2 each 48" hr. 2 each 24" hr. 5 each 24" ht. A hedge of 27 shrubs each would be planted on the north and south ends of the site to screen the parking lot from the adjacent residential homes. Other landscaping will be placed along the south exit onto 33rd Avenue and around the site sign, and on the north side of the recreation area. Planning Case Report 94-18 July 6, 1994 Page 6 o The plans show two site signs, one each at the north and south entrances. Both signs currently exist and only the metal panel face on each sign will be replaced to state "Hope Alliance Chapel and Independent School District No. 287". The lettering will be painted (black) on a painted (tan) metal panel. The signs are in compliance with the Sign Code. 10. The revised plans include the following other details: the private resident locations near the site are shown - snow storage is addressed in the plan notes - trash enclosure nd existing storage building are shown - four handicapped parking stalls with signs are shown on the west side of the building - a 40 foot x 50 foot outdoor recreation area surrounded by a 4 foot fence is shown on the southwest side of the building, which will have a shock-absorbing surface such as sand or wood chips - the plans clearly indicate the portion of the building to be used by School District 287 and the portion of the building to be used exclusively by the church - the plans clearly indicate the anticipated on-site school bus and delivery van route using the 34th Avenue entrance, with students entering the school on the east, and the vans exiting out onto 34th Avenue. 11. In regards to the existing gates at the south exit, staff have enclosed prior minutes where these gates were discussed. If the residents in the area want the gate closed and the church is agreeable, perhaps that should be a condition of approval. 12. Staff feels that the petitioner has done a good job in addressing the numerous issues that were highlighted in the previous staff report. The Commission will want to carefully take into consideration the comments made by the neighboring property owners. 13. If the Commission approves the request, staff recommends that the petitioner be required to enter into a Conditional Use Permit Agreement with the City that establishes the conditions of approval and on-going operation of the facility, including but not limited to: hours of operation, age limit, limit on number of staff/students, etc. Staff also would recommend annual review. RECOMMENDATION Pending public input, staff recommends approval of the conditional use permit amendment, subject to the following conditions: Conditional Use Permit Agreement be executed between petitioner and City that establishes conditions of approval and on-going operation of facility, including hours of operation, age limit, limit on number of staff/students, etc. to be drafted by City Attorney.. 2. Annual review by staff. Planning Case Report 94-18 July 6, 1994 ?--'~.ge 7 Attachments: Section/Topo/Zoning Maps Revised Site/Landscape Plan Revised Floor Plans Sign Plans Plant Material List Site Plan Notes: Lot Coverage Bus Route Snow Storage Building Code Letter Petitioner's Letters Program Description Notice/Synopsis of Neighborhood Meeting 1982 Minutes re: gate and site plan/elevations ST:, JOSEPH'S .CATHOLIc CHURCH ~Ol SONNESYN ELEMENTARY SCHOOL HIODEN VALLEY .II)ARK NORTHWO00 PARK NONTHWOOO PARK / S~. JOSEPH'S CATHOLIC CHURCH SONNESYN ELEYEN?ARY SCHOOL 34TH ~ HIDDEN VALLEY P~qK 972,4 X 970.5 979.7 978.5 X X 978.2 ). X 977.7 980.6 979.2 978.6 970.9 X 972.9 964.2 33RD 964.2 961.8 ,~ NOTES: DOTH 516N5 'A' ANP '1~' ARF EXISTINg,. ONLY THE METAL ( ' F'ANL=I.- i=ACE ON EACH 51~,N WILL DE REPLACED. 51&:,N 'D' LOCATED AT THE PAIRKIN~, LOT ENTIRY TO THE 50UTH ~C/IL..L. DE 51MIL.-AIR' EXCEPT IT 15 I0'-0' L. ON~. LETTER5 ARE TO DE PAINTEP (DL. ACK) ON i::'AINTEP (TAN) METAL PAI".,L=I... ~TH PL-.Y~/OOD DAGKUP PANEL. I PAINTEP ~O01P TIRI'vl AND ' ~...-/. 51OE PANE-L5 TO REMAIN. I=R'ONT VIE~ 51DE VIE~ ENTHE08 Del I gn Group I'r,le,t Title Oate 141S II o e cwo o d L ~ n e HOPE AL.L..IANGE CHAPEL.. G/9-1/q4 , PI JJJJOJJJJ, II JJ~lJJjJ 11441 4~.0~ L. ANCASTER c,,,. ~,. A- E:L.I=VATION¢0 Oi= i=×TI=R'IOR' 51TE: 51~N~ t II / / JUL Ar?H2rO$ Desiln Group July '1, 1994 Mr. Doug Sandstad Building Official City of New Hope 4401Xylon Avenue North New Hope, Minnesota 55428 Re: Conditional Use Permit for Hope Alliance Chapel 3351N. Independence Avenue New Hope, Minnesota Dear Mr. Sandstad: In response to your request, we are issuing this letter to inform you that our intent is to meet all applicable building code requirements for the area designated as E-2 Occupancy in the project referenced above. If you have further questions please feel free to call me. Sincerely, Michael S. Buettner, AIA C: Wayne Steege File HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN 55441 May 18, 1994 Mr. Doug Sanstad Building Official City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Conditional Use Permit Application 3351 North Independence Avenue New Hope, Minnesota Submitted by Hope Alliance Chapel Dear Mr. Sanstad: Enclosed for your consideration, please find the following: Conditional Use Permit Dated 5/17/94 (for reference) School District 287 Elementary School Specialized Education Description Site Plan Floor Plan Indicating Occupancy Use Lot Survey A meeting was held at the city offices on Monday May 16, 1994 regarding the application for conditional use permit. The following people were in attendance: Doug Sanstad Vince Svaldi Brent Nelson Wendell Nelson Wayne Steege City Building Official District 287 Director of Special Education Realtor for Beautiful'Savior Pastor of Hope Alliance Chapel Trustee of Hope Alliance Chapel Page ! HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN 55441 In accordance with that meeting, a completed conditional use application and a check from Hope Alliance for the amount of $450.00 was submitted on that date. The following is the additional material required for the permit application. BACKGROUND This permit is being submitted by the board members of Hope Alliance Chapel as a joint effort with Beautiful Savior Lutheran Church, and Intermediate School District 287. Intermediate School District 287 has identified a need to locate educational facilities outside the local schools to aid in the learning of students with special needs. The total number of students and staff for the facilities will be 50 individuals. Research by Intermediate School District 287 has identified Beautiful Savior Lutheran Church as the preferred facility to meet the needs of their program. A brochure from the district highlighting the program has been attached for your reference. Implementation of this conditional use permit is contingent upon sale of the subject property to Hope Alliance Chapel and a lease agreement with Intermediate School District 287 The fee title owner of the subject property is Beautiful Savior Lutheran Church. The certificate of title is not included in this submission since Hope Alliance has not purchased the building at this time. Beautiful Savior is acting in cooperation with Hope Alliance, and is willing to provide a copy of the title when required. Currently special needs students from New Hope and other adjacent suburbs are being transported by busses to a facility in ,~',~;.,,~~. This cooperative agreement between the Intermediate School District 287 would allow local students to Page 2 HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North ~-': plYmouth,.MN 55441 attend school in their home area. In addition, use of an existing tax exempt facility by the school district would prevent an other facility from being removed from the tax rolls to accommodate district needs. The members of Hope Alliance feel that this agreement, if approved, will be of mutual benefit to the community and to the city as a whole. EXTERIOR SITE PLAN The following is a brief summary of issues for the existing site and it's intended use. The existing parcel is a 4.2 acre site with a sanctuary and educational wing. Parking facilities include a total of 181 stall with 5 of those stalls being designated for handicapped parking. Students enrolled in the program will be bussed to the facility by single unit busses (minibus vehicles) or vans. It is anticipated that a total number of 7 busses will be used for daily transport of students. Busses will load and drop off students at the '~~ast comer of the educational wing of the facility in accordance with attached drawing labeled A-1. Students and staff will have direct access to the classrooms. These busses are anticipated to utilize 36th Avenue North and Hillsboro Avenue to enter and leave the facility on the north side of the parcel, In addition, it is anticipated that approximately 15 staff members of the school district and visiting parents, will utilize the off street parking lot during the normal business hours of the school. It is expected that there will be one delivery of food per day utilizing the same traffic route as the busses. Page - 3 HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN 55441 INTERIOR USE OF BUILDING The existing facility has a total area of 20,400 square feet, and is divided into two areas: Assembly/Sanctuary 6,880 sq. ft. Educational Wing 13,520 sq. ft. The current occupancy group, according to the Uniform Building Code, for the Assembly/Sanctuary area is A-2.1 and is B-2 for the Educational Wing . No change to the Assembly/Sanctuary area code is requested because this area will be used for church use only. A change to the Educational Wing is requested to E-2 to accommodate the school district. The school district will be utilizing only the educational wing of the facility. There will not be simultaneous use of the facility by Hope Alliance and the School District. At this time, Hope Alliance does not anticipate any major interior or exterior renovation. If issues arise during negotiations with the school district that would require any renovations, Hope Alliance will submit architectural or structural drawings to the city for review as part of the building permit and inspection process. CONCLUSION As mentioned earlier in this report, Hope Alliance Chapel is submitting this application request in cooperation with Intermediate' School District 287 and Beautiful Savior Lutheran Church. It. is. the belief of Hope Alliance Chapel, that if approved, this joint venture is an opportunity to serve the community, the school district and the City of New Hope. Thank you for your time and consideration, If you have any questions, or need additional information, please do not hesitate to contact Pastor Wendell Nelson at 553-2855 during normal business hours. Page - 4 · HOPE ALLIANCE CHAPEL 4205 Lancaster Lane NOrth Plymouth, MN 55441 Sincerely, Pastor Wendell Nelson Hope Alliance Chapel Vince Svaldi tM-rerc-tm-~- Special Education School District 287 Page - 5 612 931 6363 ~ JUN-06-199~ 1~:~9 ALLIANT TECHSYSTEMS-SYSEN 612 9~1 6363 P.O1 HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN 55441 June 6, 1994 Mr. Doug Sandstad Building Official City of New HOpe 4401 Xylon Avenue North New Hope, MN 55428 RE: Conditional Use Permk Application 3351 North Independence Avenue New Hope, Minnesota Submitted by Hope Ai1ianee Chapel on 5/16/9t (Ref. Hope Alliance Plans to New Hope date 5/18/94)' (Ref. Site Plan dated 6/2/94 and Floor plan date 5/26/94) Dear Mr. Sandstad: We apprc~;iatc thc time you have spent over thc last few weeks reviewing the referenced Conditional Use Permit AppLication and Plans with our architect Mike Buetmer. Per your request thc following elarifieation's are submitted for your review. This permit is being submitted by Hope Alliance Chapel (proposed owne0 ~ a joint effort with Beautiful Savior Lutheran. Church (the current owner), and Intermediate School District,,2~' (the proposed tenants). Intermediate School District 287 has identified a need to locate educational facilities outside the local schools to aid in the learning of students with special needs. The program they would like to house in this facility is limited to K-6 grade only. The total number of District 287 students and staff in the facilities at any given time will be limited .o 50 individuals. There is a high staff to student ratio, one (1) to two(2) , in this Page 1 ~ JUN-0G-199~ 1~:~9 ALLIANT TECHSYSTEMS-SYSEN 612 9~1 6~6~ HOPE Ai,LIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN ~$441 program which ensure general welfare, health and safety to the students and the public. These students are usually in this' program for a short period of time to get special training and assistance m~d are then returned to mainstreamed public schools. District 287 would like to start classes in this faciiity this fall, August 1994. These changes from an existing very large church membership to a medium size church membership and a very small school would result in about a 40% reduction in occupancy intensity (the average number of people per hour in the building and the associated traffic), once the transition of the existing church out of the facility is compDted. School District 287 brings in students primarily from Hennepin county. The majority of the students are from Robbinsdal District # 281 and Wayzata School District g284. There are a few students from Westonka District #277, Orono District # 278, Osseo District #279, Brooklyn Center School District #286, and St. Louis Park District #283. Locating this program in the proposed facility would allow local students to attend school in their home area. Students enrolled in thc program will bc transported to the facility by single unit minibus or vans with a capacity load of 6 to 15 people per vehicle. On an average there, would be about 4 to $ people on each minibus or vans. It is anticipated that a total number of 7 vehicles will be used for daily transportation of students, Minibus ~d_ van~ will load and drop off students 'at the Northeast corner of the educational wing of the facility in accordance with the referenced sight plan. Students and staff will have direct access to the classrooms. These vehicles are anticipated to utilize 36th Avenue North and Hillsboro Avenue to enter and leave the facility on the north side Page - 2 JUN-06-1994 12:40 ALLIANT TECHSYSTEMS-SYSEN 612 9]i 6~63 P.O7 ~ HOPE ALLIANCE CHAPEL 4205 Lancaster Lane North Plymouth, MN 55441 of the parcel. There will be one delivery of food per day utilizing the same traffic route. The school district will be utilizing only the educational wing of the facility. There will not be simultaneous use of the facility by Hope Alliance Church and the School D/strict in this area of the building. Hope Alliance Chapel is submitting this application request in cooperation with Intermediate School District 287 and Beautiful Savior Lutheran Church. Use of a,u enisthzg tax exempt facility by the school district would prevent an other facility from being removed from the tax rolls to accommodate district needs. This joint venture is an opportunity to serve the community, the school district and the City of New Hope. Implementation of this conditional use permit is contingent upon sale of the subject property to Hope Alliance Chapel and a lease agreement with Intermediate School District 287. Thank you for your time and consideration. If you have any other questions, or need additional information, please do not hesitate to contact Wayne Steege at 931-7613 or Mike Buettner at 593-5391 during normal business hours. Wayne Steege Trustee of Hope Allbmee Chapel Page 3 TOTAL P.8~ DiStrict 28~ ............. i_ Hennepm Technical College ,~- We~t Metro Edu_cation Center -- Eliot SL Louis Par~ MN 55426-2817 {6t2) 593-1181 INTERMEDIATE DISTRICT 287 WEST METRO EDUCATION CENTER OVERALL PROGRAM DESIGN WHO The program is designed to serve K-6 grade Emotionally/Behaviorally Disordered (E/BD) students needing a Level V service who are referred from member and other referring districts. After all local district program opuons have been explored, students are served based on a need for a more resrricuve setting. WHAT WMEC is a special alternative school environment, structured to meet individual educational, behavioral, social and psychological needs of F_JBD students and their families. Level V services for elementary students are currently housed at Southwood School in Bloomington and Lincoln Hills School in Richfield. WHEN Services are provided during the school year. Summer services are available, based on funding. HOW Special education services are provided by appropriately licensed staff, paraprofessionals, Family Networks therapists, and a Hennepin County general,is[ Licensed staff include: Emotionally/Behaviorally Disorderixi (E/BD), Learning Disabled (LD), Developmental Adapted PhYsical Education (PE) instructors, nurse, speech clinician(s), occupational therapist and other staff as appropriate. Mental health servmes are available from licensed social workers, psycholo~sts, consulting psychologist and/or psychiatrist to enable students to benefit from special education. The program is managed by a Special Education Administrator and Administrative Assistant(s) working collaboratively with Family Networks clinical and administrative staff. HOPE ALLIANCE CHAPEL Worshiping at Plymouth Middle School Dew Neighbors of Beautiful'SaVior Lutheran Church, June 9. 1994 ............. Hope Chapel has been' meeting in Plymouth Middle School for the past 7 years;"' During ' ' the past three years, our board of trustees has been active in seeking a permanent place for our congregation to worship. Currently negotiations are underway to pumhase Beautiful Savior ." Lutheran Church. Last month you received a letter from New Hope'City Hall regarding'our interest in : . 'purchasing that property.': It is the desire' of our congregation tO serve.the community .where we ~.,. '* ..-/" ,,.' ' 'w°rShip~-:*?O~ Of this desire~:;~Ve have. had'.~'onve~ation With* Dist'rict #287 to' make ~:~rt. of the !.."'=~. -- : '?. ,'.: .... .facilities' available for a special education p..rogram limited to thi.rty five' eiement.ary school ' .- ,.- --= .=Children. ndergarten throu e six. - .. I invite you to attend a neighborhood meeting which will have several purposes: *to get acquainted with the residents of the community *to clari~ the specific nature of the special education program being considered *to give Information and to.respond to any questions you may have. . Representatives from District #287, Hope Chapel and Beautiful Savior Lutheran Church' will be in attendance. You are invited to attend an informational meeting in the Parish Hall of Beautiful Savior Lutheran Church on Wednesday,..June 22 at 7:00P M. ' am looking '~orward to meeting you at that time. '.~ · Pastor Wendell Nelson Building & Equi~in~ Pe~ to S~re Li~ with Ot~ ~ L~c~er Ln. N. ~outk ~ 55~1 ALLIANCE CHAPEL Worshiping at Plymouth Middle School PI~ 553-2855 Dear Neighbors of Beautiful Savior Lutheran Church, June 29, 1994 In mid May you received a letter from New Hope City Hall regarding our interest in purchasing Beautiful Savior Lutheran Church, and leasing part of this facility to School Distdct # 287. in an effort to give you information regarding this possibility, we invited you to an 'informatioh- al meeting" a't Beautiful Savior Lutheran Church three weeks ago. That meeting was held Wednesday, June 22. Four people attended that meeting from your neighborhood. The neighbors who attended this meeting thought it would be helpful to record the information given and the discussion that followed for your benefit. Thus, inclosed in this packet you will find some information about Hope Chapel, abbut the students from School District # 287, traffic, type of supervision and other minor changes that will take place if this transition becomes a reality. Hope Chapel has been meeting in Plymouth Middle School for the past 7 years. During the past three years, our board of trustees has been active in seeking a permanent place for our congregation to worship. We made offers on two other facilities prior to negotiating with Beautiful Savior Lutheran Church. It is the desire of our congregation to serve the community where we worship. We want to be good neighbors. In an effort to be sensitive to your needs, we would like to leave with you our phone number and a number where you can contact Intermediate School District # 287 officials for further clarification or interaction. The number for Hope Chapel is 553-2855. The telephone number for Intermediate School District #287 is 593-1181 Sincerely, Pastor Wendell Nelson Building & Equi.tnn. 'ng Pe~. le to Share Li~ with Othern 4205 Lancaster Ln. N. Plymouth, 1VIN 55441 ~Neighborhood Meeting O. uestion and Answer Session - Beautiful Savior Lutheran Church - Wednesday, .lune 22~ 1994 Present: Pastor Wendell Nelson, Chair; Vince Svaldi, Administrator for Special Education for Intermediate District #287; Bob Manning, Director of Special Education, for Intermediate District #287; Mike Buettner, Architect from Hope Chapel; Wayne Steege, Chair of Trustees, Hope Chapel; Brent Nelson, Realtor; Chuck and Marllyn Weldin; four community residents. An informational meeting was called to communicate with the neighbors facts related to the possibility of Hope Chapel buying Beautiful Savior Lutheran Church and leasing part of the church building to Intermediate School District #287 for purposes of housing a special education program. A petition containing misinformation had been circulated in the community and twelve families signed it opposing the school coming into the building. The community was invited to the information meeting to receive accurate facts and to give them the opportunity to ask questions and to share concerns. The information shared at the neighborhood meeting is being mailed to all sixty families who received an invitation to attend the meeting held on Wednesday, June 22. Adherents of Hope Alliance Chapel will also receive this document. It is hoped that this information will answer most questions and concerns the community may have regarding the special education program with Intermediate District #287. A brief introduction was given regarding the Christian and Missionary Alliance by Pastor Wendell Nelson. Handouts were distributed whtch gave information about the Christian and Missionary Alliance and Hope Chapel's Core Values. Vince Svaldi, Administrator for Special Education for Intermediate District #287 presented information about the EBD program. The program works with children who have not been able to fit into a regular classroom experience. Strategies are designed to assist the student to gradually work his/her ~aY ba~k to the neighborhood classroom setting. The session of questions and answers followed his presentation. Q, Why doesn't Intermediate School District rent from the building once used by Robbinsdale High School?. A. The only space available there is on the second or third floor. Children who are in lower primary, (Kindergarten and grade one) must be housed on the ground level floor for instruction according to State Education Requirements. The district did Investigate this possibility~ There is a need for a more northern location because a number of families livIng in the northern and western suburbs use this program. The program was located at Sunny Hollow Elementary School until four or five years ago when increased enrollment made it necessary for the group to find another location. Q, What is the age of the children who will be coming to this school? A. The age of the children attending this elementary school will range from five to twelve years. Qt What about the age at a later .date? What is to prevent t_he school from bringing in older students? A. Requirements for facilities for secondary students (grade 7 through grade 12) are different than for elementary students. This building will not meet the requirements for secondary students. Q.. Increased traffic in the area is a big concern.. How many busses will be involved in transporting students here? Small children play in the areal we are concerned for their safety~ A~ There will be no large school busses except for an occasional field trip day. Five or six vans will be used to transport students. Sometimes, because of distance, a taxi cab is used for transportation. Vans will arrive around 8:45 AM and will leave around 3:30 PM. Drivers have special training regarding safety of students on and off the van. Teachers hours are 8:00 AM through 4:00 PM. Hope Chapel is a congregation of under 170. Beautiful Savior Lutheran Church has over 1200 participants. After the change of ownership of the building, the overall traffic flow, even with the school occupying the site, will be greatly diminished during the week days and especially on week ends. Q.~ Will students be running around the neighborhood? What about supervision? A. Professional staff meet the vans and escort the students into the school. Students are closely supervised at all times. Each class of six or seven has a teacher and two para-professionals. The student adult ratio is about 2 1/2 students for one adult. Qt How many professionals will be working in the school? A. There will be four full time teachers, a nurse, three mental health professionals, a lead teacher, administrator. Some of the other professionals are part time. Every professional employed in the school has undergraduate and graduate work in the field of behavior disorders. How many .students will be enrolled? A. The plan for fall Is to start with 25. The maximum limit for people in the program including students and staff ts 50. We will not go beyond the number 50. This is because some of the requirements for use of the building are different for more than 50 people in a school :~:::..: Wh J/:~a::the:~?~' ' -- rocess to deal with a roblem if one occurs? A. The school will conduct monthly meetings for the community to deal with any concerns. Staff from the school and Hope Chapel want to work with the Community to have a pleasant relationship. Phone numbers of the person in charge °f the Sch°°l and Hope Chapel will be available. Q. How long, a lease will be signed? A. The school has indicated an interest in staying at the church for five years. This interest is verbal as well as in writing. However, because of state law regula.ting school board procedure, a lease can only be signed for one year. It is assumed by both parties that the lease will be renewed each year. Q, If the school leaves~ will you rent to a business? A.. This area is not zoned for business. A lease will not be considered for a business. Q. I have heard that the reason the program is leaving Lincoln. Hills in Richfield is that the students have caused damage to the property in that building. Is that so? A. That is not so. Some students in a secondary program in that building have caused some damage. Our students have never caused damage to property. Will a fence be put up? A. Presently, plans are to plant a hedge of shrubs on the north and south end of the property. Exploration of costs of a fence verses the shrubs will be made. Q. Will the neighborhood children be able, to continue to use the parking lot as a' play area? A. The basketball hoops will be available to the neighborhood children~ they are now. We do plan to design a playground ~ area with som~.P!ayground equipment. There will be a fence around the play ~,-Neighborhood children will have access to the playground after school hours and on week ends. Q: Is it possible to close the south entrance and exit to slow down speed drivers who go through the parking lot a hlgh rate of speed? A. This possibility will be looked into and counsel will be sought from our architects and the City Hall. O. When will the school start? A. Staff reports on the 1Sth of August. School will start on Wednesday, September 7th. at Respectfully Submitted,. Charles Weldin, Hope Chapel Secretary l L' NORTH ELEVATION SOUTH ELEVA~ WEST ELEVATION RE~X~T FO~ AMENDmeNT TO CONDITIONAL USE PERMIT AND VARIARCEs AT ~dT~/INDEPE}~DENCE . BEAUTIFUL SAVIOR LUTHERAN CHURCH, PETITIONE~ Allan Eetsrberg, Co-Chairman of the Building ,Ccunittee for Beautiful Savior Lutheran Church was present.' M w~s accompanied by Vernon Gunderman the senior pastor, Curt Pohl tho Chairman of the congregation and ~he architect Darrel LeBarron. Mr. LeBarr0n made the presentation. Q~. [--~-~ ~ f-~ ~ a~ated they had been retained by the church last spring. The firm is now initiating working drawings but they would like ~o do this with some confidence. The original building was built in 1962, fronting o~ Nighway %18. This is considered the front. In 1977 an addition wasput on the north side ~hich added education and fellowship space. The existing space today is 13,000 square feet, on abo~t 174,000 square feet of la~d. The proposed addition is for worship and a narthex for gathering. It is about 7100 square feet for a worship addition that would seat about 482 people, with a potential of set ups ~aki~g the seating 524. The combined buildings would then be about 20,430 square feet. A little parking has been removed from the original, but additional parking bas been provided. Even with the proposed additional parking they would have 1/2 green space and 1/2 building and bituminous on the site. There will be 92 spaces on the north and 74 to the south with 15 along #18. They thought ~hat about 106 stalls were required by code. They are proposing a new curb cut on 33rd. It was his understanding that thi~ curb cut had been approved earlier by the city but the option had never been used by the church. They recognize they are in a residential zone. It was their feeling that to continue to use only the exit on 34th Avenue would be too restrictive with the building expansion. They recognize that there is a problem with the existing driveway width. The other area of concern had been height. They propose a steeple on the roof, but no bell is proposed. The original height of the building wes within the cede limits. The City Manager stated that there was no problem with height in terms of the cede. The steeple was · permitted by code. Mr. LeBarron stated that prior to their appearance before the Planning Commission the church had invited the neighbors in for coffee and discussion of their plans. ~. LeBarron noted that the steeple height had been one of the concerns at the neighborhood meeting, as w~11 as a concern that once the Second curb cut was opened, the lot might be used as a short cut or speed- way by cars going through the neighborhood. One neighbor had been concerned whether the construction w~ld cause major ground movement ~hat might affect her swimming pool. C~ssioner Edwards expressed concern over the width of the drive by the new parking area, as had been note~ also at the Design and Review meeting. He added that the biggest question of Design and Review concerned the parking lot on the east side of =he property and ~he screening. Mr. LeBarron said that presently there exists a fence which would be continued to cover the entire side. It was their feeling it was preferable to have the parking at the rear of the residential lots rather than at the residence side yards. They were also concerned that the existing green area to the south would be the last space left in the event of a desire for a future expansion for an educational building. Lengthy discussion followed between Commissioner Gustafson and the architect regarding the green space, the proposed expansion and alternate parking areas, ad well as the most cost effective construction, in regard to removing bituminous and relocating parking. Suggestion was made to reposition the parking alon~ #18. Commissioner Edwards noted that he would rather see additional parking along 918 also. Mr. LeBarron noted that this would then completely surround the building with asphalt. He felt that with the proposed configuration, they would preserve the largest Piece of green. In answer to a question from Commissioner Edwards, it was noted that the heaviest use of the £acility would be at Christmas an~ Easter. Those were the times when they might seat 524 in the sanctuary. Part of the intent of the addition was ~o be able to house all worshippers at one service or at most two. Mr. LeBarron stated that they wished to work closely with the staff in regard to parking and landscaping. He felt the landscaping now on 34~h should be duplicated on 33rd. The entire east property line is an opaque fence and the entire west property line has an approximately 12 foot high hedge of Russian olive. Commissioner Gundershaug 'asked about tb~ fence on the east lot line and whether it was directly on the property line. The answer was "yes". He asked whether a gate or something could be installed in the parking lot to cut down the use of the parking lot as a raceway? Commissioner F~wards concurred with this suggestion. Mr. LeBarron said he felt this was an excellent suggestion. He asked about the width of the curb cut to 34th Avenue, and was informed that a driveway for two way traffic must be 24 feet wide. The City Manager noted that in his opinion it might be preferable to divide th~ parking in the middle, rather than by the end. He added that there was no green area requir~ent for this zone. Mrs. Lynn Andries, 3341 Hillsboro, said that her concern was with the traffic. The cars drag n~w. She was co~lcerned about the straight sho~ through the parking lot. She wondered if they would have some type of chain ~o preven% this. This is her concern. There. is also no stop sign at 33rd/Hillsboro. she said o~ler neighbors she had ~alked to ~re also concerned with the traffic. She said there was no~ no landscaping on the east boundary. She felt the lot should be blocked off other than for church services. She £slt if the lot was split, the cars would just go around the church and come out again.~' J'~'~ ~ ~ Mr. Oohn ROthltetn, 3401 Independence, stated that his concern was that t~ey open the other curb cut. ~ If they do not, he will have even more ~raffic past his house ~han he does now. He felt ~hat a rumble s=Lp and a gate would prettT much ~ake care of ~he problem i~ the parkin~ lot. Karen Swan, 3317 Hillsboro, stated she lived directly east of the fence. The sanctuary as propose~ will be directly behind her back yard. She said she would like to see some shrubbery beside the fence. They will be losiflg ~he present openness and will feel more closed in between the parking lot and fence. Commissioner Bartos said his concern was the landscaping and keeping the parking lot from becoming an Indy 500. Commissioner Gulenchyn went along with those statements. He felt it was a matter of controlling the traffic and adding shrubbery. Commissioner Edwards said he had a tough time with this particular project. He wondered where the land- scaping would go? There did not seem to be any room. He would also stop the traffi'c from going right through the ~arking lot, and though it should go around the. west side of the building. The architect said there was five feet between the parking lot and the fence. Discussion followed be- tween the architect and Mrs. Swan about the possibility of som~ shrubbery being planted that would be visible from her lot. The architect said they want to work with both the staff end the neighbors. They would lik· to bid the project in Fenruary or March but would not begin ac=ual construction until actual load limits were off in May, with conclusion in Fall of 1982. Discussion between the architect and the commissioners regarding the height of the fence (6 feet) the possibility of putting landscaping against the fence for the neighbor's view, the straight through ~raf- fic and the possibility of repositioning the parking to split the traffic and the need for screening on the east. .Commissioner Gustafson said he felt strongly that additional parking should be along #18 and the buildin~ moved to the east. The architect was concerned that the parking lot remain as is. He felt the entry and its esthetics as is, were important. He felt it was important also for the handicapped entrance, since there were many handi- capped members of the congregation. He felt that it was important for the entrance to be in the morning Commissioner Gundershaug said his main concern was the parking lot on Sunday night end az~er,'~ so that it did not become a race track. He was also concerned with all of the parking on the east. ~ommissioner Gundershaug made a motion recommending approval of the Conditional Use Permit Amendment and variances at Beautiful Savior Church in Case 82-4 wi~ the sti~ulation that additional landscapin~ be ~rovided along the entire eastern ~arking lot and that traffic be restricted in the parkin= lot other than during church Services, with entrance only at the 34th Avenue side. Commissioner Gul~nch n second. Voting in favor: Gulenchyn, Bartos, Cameron, Gundershaug Voting against: Gus~afson, Edwards MOtion carried. nap-~,-_ r~, ~:,_ ~-~, request from .B.e~Ut~ ~.~ senti o~ [u*~~r.-6~*,..--~_t-h-~.a~~'h~e .Avenues, for an %mend~ent to t~eir condi*rig~al u~e oe-~it to-acco,r~.:odate a 7~00 square foot addition and variances in parking layout, was considered by Council. Hr. Allen Esterberg. co-chairman of the Building Committee for Beautiful Savior Lutheran Church. represented the petitioner. He said they are asking for an a~end.~ent to their conditional use permit as necessary for the construction of a new sanctuary and narthex on the current site. He then introduced Mr, Oarrell LeBarron,architect for the church. ~r. LeBarron presented a small, site plan drawing sho~ing the location of the existing church and the proposed addition. He said that the existing building is of t~o vintages, from the early and ~id-sixties and the 1977 addition. The exist- ing size of t~e building is about 13,000 square feet. The ne~ addition is 7100 square feet, seating approximately 484 to 524 people, depending on overflo~ and setups. The combined building area would be about 20,430 square feet. LoOking at the uniform building code, the worst condition projected would limit to 21,000. The building now is of heavy ti;bet with one-hour rating, which allows 27,000. The addition is ~ithin order as far as the UBC is concerned. When worship space with fixed seating is added as opposed to flexible, multipurpose worship/fellowship they now have, the first thing to be checked is the parking. Presently,98 stalls exist. ~ith the new addition, parking stalls ~°uld be reduced to 92 of the existing. Seven,y-four more are being added. The ordinance requires about 166 stalls. However, additional parking spaces have also been added for teachers to provide about 15 extra stalls. Mr. LeBarron continued that, in adding the extra stalls, consideration must also be given to the ingress and egress capability. Presently, all the cars enter and exit onto 34th Avenue. The building committee is also asking for a new entmyway and exit onto 33rd. This would give the church two approaches and two exits. Mr. LeBarron said that he understood that the 33r_d Avenuq curb cut had previously been approved in 1970, but has not been utilized by the church family.CT~:,-~c~( ~-L~-~-% ~-~-~ . ~ .~arron commented that the curb cut on the~s'~u~n sloe woUlo Pe important to neighbors both on the ~ ~ a~d the north. The parking as laid out is from 2 inches to 22 inches too narrow between the stall ~. A variance is needed for this. The architect continued that the front yard of the property had been defined as County Road 18 when the property was purchased. Since then, County. Road 18 h~aS~been closed off. The main strip of parking along the entire eastern property line is the church's rear yard. The majority of that parking is also abutting the rear yards of a half dozen single family homeowners. There is a thick hedge of Russian Olives toward County Road 18 which conceals the building almost entirely. The eastern property, the most critical because it abuts a residential zone, has a fence along two-thirds of it. It is the pro- posal of the building committee to extend that fence down to 33rd and to continue the opaqueness to avoid headlights shining into backvards. Mr. LeBarron stated that the landscaping which should be developed properly is that alonq 3~rd Avenue. This area is seen as a "book-end" and should be a matching part for 34th Avenue. Green ash is suggested along that edge the caliper to be worked out with the city. Mr. LeBarron said they were just entering the working drawing stage and that they do intend to work out the finer details on both of the edqes. The plans had been discussed with the neighbors at an informal gathering prior to the Plannin~ Comn)ission hearing. A concern that came Op at [hat time was cars cutting through the lot. Suggestions were n;ade to chain the southern entry and to put a rumble strip in the middle. Hr. LeBarron said he thought it might be better to move the driveway slightly and perhaps put an island backing it up so that one has to do an "S" curve to get in or out. This might be safer than a chain which could be up or down depending on human behavior. The island might also afford more landscaping buffer space to the parking. also a concern of the neiqhbors ~ F_N Additiona) landscaping along the fence was Upon request for further clarification, Mr. LeBarron Said that the new curb cut on 3$rd, which is pro- posed in Connection with the extension of the parking lot, had been approved in 1970. The city manager agreed that this was correct; the curb cut on 33rd had been previously approved. Hr. LeBarron then said that, because the owner had been lead to believe that there could be a curb cut on 33rd Avenue, the design had been built around that possibility. Because the church is in a residen- tial zone,approval is needed to add onto the building. The variance relates to the slant parking, with the driving lanes being a little undersize, either 2 inches or 22 inches. Upon discussion as to the possibility of the church requesting permission for ~re building space at a later time, Mr. Esterberg stated that this would no: happen for at least I5 years, until the mortgage was retired. Discussion then turned to control of traffic through the 33rd Avenue opening by use of a*chai~,, rumble ~.'--i~tr~p and an "S" curve, landscaping, and the possibility of a church outgrowing a residential neighbor- ~ hooa. Discussion was opened to the floor. Mrs. Karen Swan, 3317 Hillsboro Avenue, asked for landscaping along the fence line. Mr. Russell Conzet, 3209 Independence, expressed concern with the drainage from the site. He said he haq had a water problem for 15 years. The water runs fro~ 34th all the way down to Independence. The architect was directed to resolve the d*rainage problem in conjunction with the city engineer prior to presentation of the building plans. Councilmember Daly inquired as to arrangement for snow removal, one of his concerns being that the fence not be damaged. He also asked that as much landscaping as possible be given along the east side because the cars are so close to the houses. Upon question as to ~hether the fence was right on the property line, was on the property, line. Councilmember Otte~ inquired as to how the revised plan would affect the green area. The architect replied that there would be about 20,000 square feet of building and 71,000 square feet of parking lot. The lot, in total, is about 174,000 square feet. The building and bituminous covering is 52~ leaving 48~ as green area. He said he had checked these figures out since the Planning Com~ission meeting. Councilmember Otten inquired as to whether there was any possibility of a green strip to the east of the parking lot with shrubbery between that area and the fence. The architect said that, as shown, it is a continuation cf the existing five foot setback, t~hile the model showed almost solid plantings on the east edge, the project has been cut back by one-third. They are now working with 2/3 budget a~d are atten~oting'to fulfill as ~uch of the church need as possible. He said it appears as if the planting along the eastern e~qe has been cut back too far and some planting will have to be added back in~o the project. They would like to show the increased plantings in an informal review before coming back to building inspection. ~tow there is quite a bit of planting on the single family property side. If the church were to fill in the holes, it would be the ideal situation. The architect stated that there was a good slope to the site and that, if a catch basin is needed for stom waters to be gathered at the bottom of the hill, this will be worked out with the city engineer. C~ The city manager pointed out-that the construction would be before council at & later date. Counctlmen~er Williamson asked if any thought had been given to aaalng a easement and leveling tne~ parking area. The architect replied was the first thing to go in the cutback. The church wanted that the basement a walkout basement under the worship space buC it was not financially possible at this time. lie said there is a hump on the land that will be taken out in order to make the parking lot more level than it iS presently. The proposed building, upon completion, will be a one level building. Part of the goal is to keep it totally barrier-free because of the large nunbers of handicapped people that use this church. To put in a basement means to put in elevators. The basement was not a priority iteJn as far as worship space. It was to be for future educatioml or youth program purposes. Upon question, the architec~ explained how an island could be used to control traffic at the 33rd entrance. He again stated that he thought the island would be more effective than a chain because you would not have to depend on human behavior to qet the chain uo and down.~C~-~'~ ~-!'~ ~ Counctlmember Enck inquired as to whether any consideration had been given to moving to another loca- tion. He said he was concerned with additional building and the church actually creating an adverse impact on the residential neighbo~ood. Mr. Esterberg said that they had done a study involving the question of moving. At this particular time, it appeared to be prohibitively costly, so it was not pursued further. At the same time, the church did have additional space on the site for at least this one addition. He said he thought this a;dttton appeared quite reasonaole ~n terms of the space on the site. Upon further inquiry, ~r. Esterberg responded that they do not own any additional property adjacent to the site. At one time they had had preliminary discussions about buying a couple of the adjoining hems, but no plans have been laid for such action. They had anticipated some classrooms to the south aS a potential, last addition to ~he site. ~e said he did not know what the feasibility was for the classroom addition at a later date. They tend to think that it would be feasible. At this time the . educational programs supplement space by the use of space in classrooms 'in District 281 schools. Mr. Esterberg sa~d this seems to work out fairly well. Otscussion followed concerning continued availability of'#2~1 facilities with closing of schools, etc. Mr. Esterberg then stated that they do have the desire to undertake education on the church premises. The question of additional construction will not come up for at least five years into t~e future. Counctlmember £nck commented that he foresaw a significant traffic problem with further expansion of the church facility. ~ounctlmember Wi lltamson inqu~rea as to whether the addition of classrooms would impact the parking spaces. The city manager said that the Council would be able to review the actual parking needs if such needs were thought to exceee code requirements. Upon question as to t~e size of the congregation, ~r. Esterberg said it was about 1,175 (members over age 14). ~ounctlmember Oaly then stated that he thought a chain or a barricade at the 3~rd entrance was essential even if an island or "S" curve was used. People are still going to find that route shorter than driving around. Unless something is there, other than during services, it will become a thoroughfare. He said he wanted the chain or barricade to be a condition of the permit. COuncilmember Enck sooke in favor of utilizing design to restrict flow of traffic. If it becomes a problem, then require the chain or barricade. He s~oke against use of the chain from a liability stand- point for the church. Placement of chain or barricade could be left as an option for later, if needed. Further discussion followed concerning whether a chain or barricade should be installed at this time with Councilmember Oaly speaking in favor. Mrs. Linda Buchele, 3~57 Hillsboro Avenue, said that she did not think an island would stop the teenage drivers. She said she favored a barricade. ~e mayor spoke in favor of requiring the rumble strip, the island and the barrier. Mr. Esterberg said that if they are required to have a barrier, they would need to have it open on Wednesday night, which is church school night. Responsive comment was that the problem of cars racing through would occur primarily when the parking lot was empty. Mr. John Rothstetn, 3401 Independence Avenue North, spoke in favor of the curb cut on 33rd Avenue so as to divide the traffic. He sa~d the second opening wou~a improve t~e situation in his area. He also said there might be a need for a stop sign on 33rd to slow traffic down. Mr. Bob Schultz, congregation ment~er, spoke in support of the addition to the church, noting the need for the space to accommodate the present attendance. He also noted that future expansion was limited by financial ability. ~~, i (_ ~_ c~::~ f,. ~ further cements were offered. ~.~ Y cilme bar Otten, second by Councilmember Daly to ap~.r-u,~ ama ;¥ ~se.~mitand granting variances for Beau[~f,,~ c,,,~., ........ -~. Lna~nt.to_~he conditional ~~L~llhi~f fn fka e~f4e~ ....... - . _y ..... ~'~r..~u~nu,ran_~nu~cR as reauested und~- lJne,~trefffc control at 33r~ ~.-~ ...... ~ drainage problems, landscaping alon the s~gfen g co~[ee 8s a gate tn addJLJon to Lhe "S" curve. The building co~ni[[ee decision ~ould be shared ~J[h Lhe neighbor- hood, One of ~he neighbors imm ~ne norLh end suggested ~ha~ ~he ga~e no~ be placed J~edfe~el~ ~o give the opporcuni~ [o see h~ ~ ~r~s ~JLhou~ one. The ma~o~ sa~d ~ha~ ~he ma~e~ of ~he gale should be ~orked out ~f~h ~he ~arfshfoners and nefghbom and at the time of consLruc~fon plan aPProve1, Council ~11 make ils f~nal decision, Counc~]member Jnd~ca[ed concurrence ~JL~ ~h~s a~proach. ~eed for J~ed~a~e access for e~rg~c~ vehicles ~as mentioned b~ CouncJl~e~ [rick. Vote ~as then ~aken on [he ~uesL~on es follows: ~ottng tn favor: Erfckson, Dal~, [nck OC~en W~ll~amson Yotlng aga, nst: ~ ' , Councilmember Williamson said that ~9_~te in the .parkinK lot of Beautiful Savior Lutheran Church was not being kgp~ ~osg~.as promised to the neighbor, p. The cite manaKeT is to look into this matteT. ~C[~ ~-~-~ ~ 1'7 DATE: TO: FROM: SUBJECT: CITY OF NEW HOPE MEMORANDUM July 8, 1994 Planning Commissioners Kirk McDonald, Managemem Assistant, Community Developmem Coordinator Beautiful Savior Petition The attached petition regarding educational classes at Beautiful Savior was submitted on Friday, · July 8th. Please attach to Planning Case Report 94-18. NOTICE OF PUBLI~ HRI~RING THIS PETITION IS OF CONCERN TO THE NEIGHBORHOOD AROUND THE AREA OF BEAUTIFUL SAVIOR LUTHEI~ CHURCH, LOCATED AT 3351 INDEPENDENCE AVE N., IN NEW HOPE. THE CONCERN IS OF THE CONDITIONAL USE PERMIT AMENDMENT TO ALLOW EDUCATIONAL CLASSES AT BEAUTIFUL SAVIOR LUTHERAN CHURCH. PLANNING CASE 94-18. WE OF THE AREA SUP~OUNDING BEAUTIFUL SAVIOR LUTHERAN CHURCH FEEL THAT IT IS IN THE BEST INTEREST OF THE NEIGHBORHOOD NOT TO HAVE A SCHOOL LOCATED IN THAT BUILDING. DISTRICT NO. 287 WISHES TO RENT SPACE FROM HOPE ALLIANCE, PROSPECTIVE BUYERS OF THE CHURCH. DISTRICT NO. 287 WOULD USE THE CLASSROOMS TO EDUCATE CHILDREN WITH SPECIAL NEEDS (WHICH INCLUDES BEHAIOR PROBLEMS VARIOUS DEGREES). THOSE WHO SIGN THIS PETITION ARE NOT IN FAVOR OF THIS REZONING PLAN FOR THE AREA. IT IS ZONED FOR A CHURCH AND SHOULD STAY ZONED FOR A CHURCH. THIS RESIDENTIAL AREA, INCLUDES MANY FAMILIES WITH YOUNG CHILDREN. THIS AREA IS NOT ABLE TO HANDLE THE EXTRA TRAFFIC OF CARS AND BUSES DURING CRUCIAL HOURS, WHEN YOUNG CHILDREN WOULD BE COMING AND GOING TO SCHOOL. p ,./.¢ / 3¢,,"7 ADDRESS Planning Case: Request: Location: CITY OF NEW HOPE PLANNING CASE REPORT 94-19 Request for Site/Building Plan Review/Approval for Building Addition 7849 42nd Avenue North PID No: 17-118-21-23-0001 Zoning: Petitioner: Report Date: Meeting Date: B4 Country Kitchen of New Hope July 6, 1994 July 12, 1994 BACKGROUND The petitioner is requesting site/building plan review/approval for remodeling and building addition pursuant to Section 4.039A - New Hope Code of Ordinances. Country Kitchen is proposing to construct a 4,240 square foot addition on the east and south sides of the existing 3,250 square foot restaurant, along with interior remodeling and other site improvements. o The petitioner states on the application that the purpose of the request is to remodel the inside and outside of the current facilities after 15 years of use, to increase restaurant capacity to meet demand, and to present a more attractive appearance in the City. The restaurant is located on a 47,200 square foot (1.08 acres) parcel on the south side of 42nd Avenue between the School District//281 Administration Building and Autohaus. The site is zoned B4, Community Business, as is the majority of property on 42nd Avenue. The school property to the west and south is zoned B4 (administration building) and I-1, Limited Industrial (bus garage), the property to the east is zoned B-3, Auto-Oriented, and the property to the north across 42nd Avenue is zoned B4. Restaurants are a permitted use in the B,4 Zoning District. The property?s-zoning history is as follows: 1956-~ COmmercial 1960- Heavy Industry 1961 - Limited Industry 1990 - Community Business (B-4) This parcel is located in the City Center Planning District #17 of the Comprehensive Plan, where special emphasis is placed on pedestrians and aesthetic features. o The topography of the site is flat, except for the southwest comer where it rises seven feet. Several nice trees exist at the west side. 10. Property owners within 350 feet of the request have been notified and staff have received no comments on the request. ANALYSIS This is a routine site and building plan review/approval request, as the project meets all minimum standards and no variance or conditional use permit is required. The existing northwest comer of the building is located 45 feet from the front property line at 42nd Avenue and is an existing non-conformity due to the County taking of right-of-way for the widening of 42nd Avenue (the required setback is 50 feet). Staff does not feel that a variance is required to expand the building, as the taking of the property was beyond the property owner's control. The proposed addition on the east will include a new front entry/lobby facing east and will add additional seating. Extensive interior remodeling will take place in conjunction with the exterior addition. The addition and existing building exterior will be new and will consist of a gable entrance on the east, vinyl siding, cedar trim and lattice, and asphalt shingles. The windows in the addition will be insulated/glazed to match the existing. The east elevation would have a covered concrete slab porch with decorative railing. The plans include expansion of the parking lot at the rear (south side) of the building to correct minor parking lot problems. The number of parking spaces provided with the expansion totals 83 and exceeds the Zoning Code requirements of 75. The expansion at the rear will provide additional customer parking and the plan includes the removal of asphalt to close to the property line at the northeast comer near the driveway. The parking area will be paved with bituminous and have bituminous curb to match existing. Other site improvements will include a new light 'pole in the rear parking area to match - existing, new fence to screen the exterior walk-in cooler, new trash enclosure, and new handicapped parking stalls/signage. The existing pylon sign will remain in place. Landscaping improvements around the perimeter of the site are also proposed and will include 27 trees and 8 shrubs. The hours o~°pemtion for the restaurant will remain unchanged: 6:00 a.m. to midnight. The Design and Review Committee met with the petitioner on June 23rd and discussed general items including building materials, parking, landscaping, signage, lighting, trash enclosure, etc. The petitioner confirmed that the roof top equipment would be enclosed. A landscape schedule was submitted subsequent to the meeting, per the committee's request. The City Engineer has reviewed the plans for the improvements and has no significam conceITlS. 11. Staff only has a couple minor suggestions/revisions for the plans: Correct fence problems revealed by survey. The split rail fence at the south lot line is more than 10 feet onto the School District property. If it was installed by Country Kitchen, it should be removed. Bo The barrier posts along the east side at the rear of the property are unsightly, serve no purpose, and should be removed. RECOMMENDATION Staff recommends approval, subject to the two items noted above. Attachments: Zoning/Section/Topo Maps Certified Survey Site Plan Floor Plan Elevations Landscape Plan (Attachment A) Landscape Schedule Drainage Plan Plan General Notes Fence Plan (Attachment B) I / 42nd. AveM GEORGE HE:BERT ' '. COUNTY ROAD - NO. 9 (ROCKFORD ROAD) -~,"~e'~ ~ ~,~ BA~HMAN'$ I H HI/i IHI LANDSCAPE DEPARTMENT 6010 LYNDALE AVE. SOUTH MINNEAPOUS, MN 55419-2289 612-861-7696 6/29i94 ORDER NO.: L009?62'4-00 ~ DATE: PLAN: 6/29/94 gEO.--' 94 DESIGNER PttONE: ~6~-765~ HOME 000-93~-~6~4 ~ WORK: 000-~3T-2062 NAME: S OT LO D (COUNTRY ~ZTCH£H OF g£g HP TT#.: GEORGE HEBERT~ 849 42N0 dEg ~OPE NM 5~4~7 S HT IO P CO~NTRY KXTCHE# OF NEW NP ~TTN.: ;EOR&E HE~ERT ?849 NE~ HOPE ~# $5427 YEM, JAP~NES~ UPRZGgT HOCKORA#CE, ~!R. GNOUFLAK ASH, PA;~GRE HONEYLGC~:$T. ~KYLZNE 0~- P~# '"'" ~EL~VERY-SQXL/~AHO/HU~H t2. C0gT tS CGNT CU Y~ ~lOV£ THE OF FOUH~T[0# THI$ ESTINATE HAY BE }ITHDRAI 8Y ~CHN ACCEPTANCE OFORDER: THE 'gE g'9 2:.95 27[.00 25.00 6~.00 20. '~0 583.00 t~4.00 tO2.00 792.00 ~44.00 9:6.00 926.00 a§.O0 2t~.OO 274.45 206,~$ 45.?0 500.00 ~30,00 t62.50 ~S,00 .00 ACCEP ED ~]:TH!N 30 SUBTOTAL 3~ t 4. so 53.00 3~.00 5~.00 ~i.O0 396,00 423.00 4~.00 95.00 390.00 / / . .. j GENERAL NOTES: Legal DeSCription: 2. Zone: I-1 Limited Industrial Distdct Building.Type: Assembly/Restaurant (Conditional'Use) Building Size: Existing: 3250 S.F. Proposed: 4240 S.F. 5. Property Size: 6. Lot Coverage: J Setbacks; Front: 50'* Rear-. 35' -Side: 20' Dinir~ 2535' S.F. Gross+ 40 S.F./Person = 63 spaces Kitchen: 1705 S.F. Gross + 80 S.F./Person -- 21 spaces Parking Shown: 83 spaces including 2 handi¢~ TyPical Spac~. 8°.9' wide x 19~,0' long' -N Planning Case: Request: Location: PID No: CITY OF NEW HOPE PLANNING CASE REPORT 94-20. Requests for Preliminary Plat Approval, Site/Building Plan Review/Approval and Concept Planned Unit Development Approval to Allow Building Addition 3920 Winnetka Avenue North, 3941/3961 Quebec Avenue North 17-118-21-34-0003 Zoning: Petitioner: Report Date: Meeting Date: I-1 Kellison Company/Don Harvey July 6, 1994 July 12, 1994 BACKGROUND The petitioner is requesting preliminary plat approval, site/building plan review/approval and concept planned unit development approval to allow building addition on the east building pursuant to Chapter 13 - New Hope Code of Ordinances and Sections 4.039A(1), 4.19, 4.194, and 4.196(3) - New Hope Code. The petitioner is proposing the platting of property known as Don Harvey Second Addition, Block 1, Lot 1, which currently contains two industrial buildings of approximately 26,880 square feet each (2 buildings on one lot). In conjunction with the preliminary plat the petitioner is requesting "General Concept Stage" PUD approval to construct a 41,640 square foot addition to the building at 3943 Quebec Avenue North where Versa Die Cast, Inc. is the tenant. The petitioner states in the application that "there are two structures currently on the property which are approximately 26,880 square feet each which were originally designed for use as multi-tenant industrial type facilities and were constructed about 18 years ago. One tenant, Versa Die Cast, Inc. now occupies the westerly building of the two and also has one bay (approximately 5,000 square feet) of the easterly building. Two other tenants occupy the balance of the space in the easterly building with one of them occupying approximately !5,000 square feet and the other occupying approximately 7,000 square feet. Versa Die Case has made a request of the owners to provide an additional 40,000-t- square feet for their manufacturing needs or they will have to vacate the building and move to another city. We are requesting that the City of New Hope grant us the platting of the property and the permission to construct approximately 40,000 square feet as an addition to the westerly building so that we may maintain the Versa Die Cast Company as a tenant in the building and as a business within the City of New Hope. Versa Die Cast currently employs approximately 60 people and will increase their employment with the new facility to approximately 100. These are manufacturing level jobs and have an average salary approaching $30,000 per year." The petitioner further states that "there will be minimal amounts of additional trucking to and from the site and there will only be approximately 40 additional automotive trips to and from Planning Case Report 94-20 July 6, 1994 Page 2 the site for new employees. There will be no additional needs for sewer and water connections. The property will continue to be owned by Winnetka Properties for the foreseeable future, and as a part of the new addition to the Versa Die Cast building, it is the intent of Winnetka Properties to renovate both of the existing buildings including refurbishment of the docks, doors, re-painting of the walls, landscaping, and other necessary features to enhance the aesthetic appeal of the buildings." The petitioner states that due to commitments made by Versa Die Cast prior to their coming to the owner with the request for the addition, we are under a time constraint to provide them with a facility to house new equipment by sometime in October to early November. Therefore, from our respect, time is obviously of the essence. We are asking for input and assistance from the planning commission, city council, and staff for the City of New Hope to help us provide a facility that will be in keeping with the requirements of New Hope but will also meet the schedule and economic requirements of Versa Die Cast." Lastly, the petitioner states in the application that "the long-standing situation of drainage from this site across private property will be resolved as a part of this approval. We intend to create a retention/sedimentation pond in the area of Outlot A at the east end of the property to accept all drainage water from this site. All water will be directed to the same general location where it currently exits the property at approximately 300 feet west of the northeasterly comer of the property. Currently this water drains across private property to the pond area approximately 150 feet north of the subject property. In replacement of that system, we intend to install catch basins and a storm sewer system to carry on-site water to the new retention/sedimentation pond on Outlot A. This pond would subsequently drain an amount not to exceed what had previously been going to the pond to the north of the property by means of a storm sewer across public right of way along Quebec Avenue and then outfalling into the pond. Newly created excess water above the amount that has been draining from the site will be taken off by means of a storm drain system from the retention pond to the catch basin in the street at the southeasterly curve of the property and subsequently to the sedimentation pond southeast of the property across Quebec Avenue. This method, we believe, is the best solution to a long standing problem in that it eliminates any drainage across private property and provides for diversion of the newly created excess drainage to an existing city system thereby not increasing the amount of runoff to the natural pond at the north of the property." The site is zoned I-l, Limited Industrial, and manufacturing, warehouse and related offices are a permitted use in the district. The site is surrounded primarily by I-1 zoned property, with an I-1 warehouse and B-3 Auto- Oriented use to the north, Quebec Avenue and an I-1 (Winnetka Properties) warehouse to the east, Quebec Avenue and an R-O zone (church) and I-1 zone (Paddock Laboratories) to the south, and Winnetka Avenue and R-1 zoned property to the west. Planning Case Report 94-20 ~aly 6, 1994 Page 3 The topography of the subject site slopes 25 feet down from the west to the east. There are about five large trees at the west end of the property and one 30" oak at the east end. 10. Property owners within 350 feet of the request have been notified and staff have received no comments on the request. ANALYSIS PRELIMINARY PLAT The plat meets the zoning code requirements for lot size and width requirements in the I-1 zoning district, witch are one acre and 150 feet, respectively, as the single lot contains 292,224 square feet (6.8 acres) and has a width on Quebec Avenue of over 12,000 feet. Per routine procedure, the plat was submitted to Department Heads, City Attorney, City Engineer, Hennepin County and other appropriate agencies for review and comment. 3. Hennepin County reviewed the plat and made the following comments: Ao As shown on the preliminary plat, dated June 15, 1994, the developer shouM dedicate an additional seven feet of right of way for a total of 40 feet of right of way from and along the CSAH 156 centerline. All access from the plat to CSAH 156 must be limited to Quebec Avenue. The existing driveway located approximately 220 feet north of Quebec Avenue must be removed and the area within County right of way restored. The developer must have an approved Hennepin County entrance permit before beginning any access construction or driveway removal. All proposed construction within County right of way requires an approved Hennepin County utility permit prior to beginning construction. This includes, but is not limited to drainage and utility construction, trail development and landscaping. The developer must restore all areas, within County right of way, disturbed during construction. 4. The City Attorney reviewed the preliminary plat and made the following comments: Ao The legal description on the preliminary plat includes not only the land to be included in Don Harvey Second Addition, but also includes the land previously platted as Don Harvey Addition. The legal description needs to be changed to include only the land being platted as Don Harvey Second Addition. Planning Case Report 94-20 July 6, 1994 Page 4 The following information, as required by City Ordinance §13.041, is not included in this Preliminary Plat: Scale (and bar scale) of the plat Existing zoning classification (property appears to be zoned I-1 and is described in New Hope City Ordinance §4.34(4) Sewer, water main and other details. Co The property owner must supply our office with a Registered Property Abstract or an Abstract of Title extended to date for the property to be included in the plat of Don Harvey Second Addition. Do The property owner should also be aware that the entire real estate taxes due and payable in 1994 must be paid before the Final Plat will be accepted for filing by the County. So if the developer expects the Final Plat to be filed before October 15th, arrangements should be made for prepayment of the second half real estate taxes. 5. The Minnesota Department of Transportation had no comment on the plat. 6. The 'City Engineer reviewed the plat and made the following comments: The sewer and water service to the new building addition is not shown. A sewer and water service stub does exist opposite the new building addition in Quebec Avenue. Water main extension for fire protection should be considered in accordance with the Fire Department. Bo The grading of the site proposes a retaining wall in the northwest comer of the site. The estimated height of the retaining wall is seven feet, which warrants reinforcement fabric if modular block is used. Therefore, the setback requirement for the retaining wall from the property line must be 10 feet or greater to comply with New Hope's ordinance and requirements for reinforcement. Co The drainage on the site is intended to be collected and conveyed to a ponding area on the east side of the site. Specifics for the pond are not provided; however, it's recommended'its normal water level (NWL) be 908, while its high water level (HWL) be 915. Approximately two acre feet of storage can be provided. The outlet pipe can be reduced from the proposed 27 inch to 15 inch. It is also recommended the pond be excavated to 904 approximately four feet below the NWL. An outlet skimmer shall be constructed at the discharge pipe. The plan shall be reviewed by Shingle Creek Watershed and comply with their water quality requirements. The secondary pond outlet pipe is not recommended. Planning Case Report 94-20 luly 6, 1994 _.~age 5 D. Concrete curbing and improvements to the existing parking/drive isles is recommended. Sidewalk exists on the south side of Quebec Avenue abutting the church. It is recommended sidewalk be considered on the south and east sides of Quebec Avenue abutting this property. The existing bituminous pavement and driveway at Winnetka Avenue shall be removed and properly restored. The Planning Consultant also reviewed the plat. Please refer to his comments in the attached report. RECOMMENDATION Staff recommends approval of the Preliminary Plat subject to the following conditions: Preliminary Plat be revised to incorporate recommendations of Hennepin County, City Attorney, City Engineer and Planning Consultant and be re-submitted to City. Final Plat to incorporate all recommendations and be submitted to Planning Commission for review/approval. GENERAL CONCEPT STAGE PUD The purpose of the Planned Unit Development is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. The PUD is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that PUD's are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and harmonious selection and. efficient distribution of uses. The processing steps for a PUD are intended to provide for an orderly development and progressions of the Plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the Plan affects the Public interest. The various steps are: A. Application Conference. Preliminary discussions. B. General Concept Plan. Consideration of overall concept and plan. Planning Case Report 94-20 July 6, 1994 Page 6 C. Development Stage Plan. One or more detailed Plans as part of the whole final plan. Do Final Plan. The summary of the entire concept and each Developmem Stage Plan in an integrated complete and final plan. The General Concept Plan provides an opportunity for the applicam to submit a plan to the City showing his basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed General Concept Plan represent the immediately significant elements which the City shall review and for which a decision shall be rendered: A. Overall Maximum PUD Density Range. B. General Location of Major Streets and Pedestrian Ways. C. General Location and Extend of Public and Common Open Space. General Location of Residential and Non-Residential Land Uses with Approximate Type and Intensities of Developmem. E. Staging and Time Schedule of Development. F. Other Special Criteria for Development. The Planning Consultant has prepared the attached report on the PUD application. Please refer to it, as it is not staff's intent to repeat the analysis in the report. The Design & Review Committee met with the petitioner on June 23rd and a number of issues were discussed, including the PUD process, the building expansion, drainage issues, parking and traffic concerns, the aesthetics of the buildings, landscaping, and the plat. Revised plans were submitted as a result of that meeting. The Committee was concerned about the lack of detail, however were reminded that this is only "concept approval" and the details will be addressed in the later PUD phases. 6. Project data for the site is listed below: Total Total Total Total Total Total Site Existing Building Existing Building Phase I Addition Phase II Addition Buildings w/Phase I & II (31.7%) 298,000 square feet 26,880 square feet 26,880 square feet 20,400 square feet 20,400 square feet 94,560 square feet Planning Case Report 94-20 ~uly 6, 1994 Page 7 Total Impervious (71.9%) Total Parking Phase I (includes 7 H.C. & 1 H.C. van parking) Total Parking Phase II (includes 7 H.C. & 1 H.C. van parking) 214,350 square feet 208 251 (The petitioner originally planned the building addition in two phases, however, this has been changed to construct the entire addition at one time.) Staff's main concerns are: o A. The aesthetics of the buildings: materials, maintenance, etc. B. Traffic movement: trucking C. Landscaping: staff would like to see significant landscaping improvements on the site Drainage: The City Engineer feels that the petitioner's solution to the drainage problem is acceptable and staff would like to get this problem resolved. A landscaping plan has been submitted showing the addition of 244 trees and shrubs to the site, as listed below: 14 Summit Seedless Ash 2 15 Black Hills Spruce 6 5 Red Splendor Crab 70 1 ! Red Twigged Dogwood 53 33 Techny Arborvitae 8 7 Skyline Locust Amur Maple Mint Julep Juniper Broadmoor Juniper Gold Drop Potentilla Japanese Tree Lilac Clump Staff is supportive of granting approval of the Concept Stage PUD, pending comments from the Planning Consultant and Commission. Because this filing is "CONCEPT STAGE PUD" only, it is not appropriate to focus on the normal detail review. At such time as "Development Stage PUD" approval is sought, all the normal schedules and detailed blueprints must be submitted. Among the few issues raised by the "Concept" are these: Floor plans of all buildings with approximate warehouse/manufacturing/office square footages identified and calculated for staff review of parking loading needs, including tenant separation (demising) walls. Planning Case Report 94-20 July 6, 1994 Page 8 Unusual asphalt design surrounding all sides of both buildings, reducing many options for repair/upgrade of the buildings and reducing the clarity of separating cars and trucking. Revised building architecture has added some glass which was encouraged. Detailing that seems a little odd appears near the new "entry" and requires a more thoughtful rework. RECOMMENDATION Staff recommends that the Concept PUD approval be granted, subject to a conference at City Hall with architect and staff exploring additional building shapes and elevations that might improve the traffic design and aesthetic value of the entire property, while allowing the same approximate building footprint and function. This conference must occur at least 14 days prior to the submittal of "Development Stage PUD" plans. Staff also recommends approval subject to the conditions in the Planning Consultant's report. Attachments: Planner's Report Petitioner Correspondence/Project Description Zoning/Site Maps Revised Site Plan Revised Grading/Drainage Plan Landscape Plan/Schedule Building Elevations Floor Plan Exterior View Preliminary Plat City Engineer Correspondence City Attorney Correspondence Hennepin County Correspondence MnDOT Correspondence Plat Dis~bution Letter Northwest Associated Consultants, Inc. U R B A N P L A N N I NG · DES I G N . M AR K E T R ES E A RC H PLANNING REPORT TO: FROM: DATE: re: FILE NO; Kirk McDonald Cary Teague/Alan Brixius 7 July 1994 New Hope Winnetka Properties 131.01 - 94.20 PUD BACKGROUND Winnetka Properties is requesting to plat property known as Don Harvey Second Addition, Lot 1, Block 1. The subject property contains two industrial buildings of approximately 26,880 square feet each. The applicant is further requesting to construct a 41,640 square foot addition to the western building (Versa Die Cast, Inc.). Section 4032 (2) (e) of the New Hope Zoning Ordinance requires a Planned Unit Development (PUD) if more than one principal building shall be located on the lot. Due to the existing conditions and the applicant's desire to expand one of the buildings, the applicant is also requesting a planned unit development conditional use permit as identified within the Limited Industrial Zoning District. The subject property is zoned I-l, Limited Industrial Zoning District which allows manufacturing as a permitted use and PUD/CUP. The following report evaluates both the requested subdivision and planned unit development against the applicable City development standards. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit D Landscape Plan Exhibit E - Floor Plan 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416 · (612) 595-9636.Fax. 595-9837 RECOMMENDATIONS Subdivision Based on the information available, we would recommend approval of the proposed subdivision provided the following items are addressed: Drainage and utility easements are provided along the lot lines. Additional easements provided per City Engineer recommendations. City Engineer review and approval of site grading and drainage plan. PUD/CUP The applicant is currently pursing only PUD concept approval. In review of the applicant plans we would recommend concept approval subject to the applicant addressing the following issues in the subsequent development stage application: Submission of a revised landscape plan that responds to landscaping recommendations outlined in this report. Continuous concrete curbing be provided around the entire parking lot and drainageway areas. Curb stops be provided in the parking stalls abutting the existing buildings. Applicant demonstrate truck maneuvering patterns for trucks accessing the northern loading areas. Truck traffic accessing the site be directed to the second curb cut via the use of directional signs. Subject to the City Engineers comments of site grading, drainage and utilities· Ail roof top equipment must be enclosed or painted to match the principal structure. Ail trash receptacles must be enclosed. Trash enclosures must be designed to complement the principal structure. Overall site clean up. from the site. Elimination of all outdoor storage 2 10. Submission of detailed signage plan which complies with City sign regulations. 11. Subject to comment of other City staff, Commission members and City Council. ISSUES AND ANALYSIS Subdivision. The site currently exists as an unplatted property as a condition of any development approval the City requires that the site be platted. With the extension of Quebec Avenue, the site was previously subdivided, creating a single lot to the east of the new street. The parcel in question was not platted at that time. In 1992, a preliminary plat was considered for the subject site. City staff recommended approval of the preliminary plat that showed two separate lots being created. This preliminary plat was never pursued to final plat. The current subdivision proposed the site to be platted into a single industrial lot and block. The processing of the plat is straight forward in that the parcel exceeds the lot area and width standards of the I-1 Zoning district. The site is accessed via the improved Quebec Avenue. Utilities are available to the site from Quebec Avenue. The only issues that the plat must address is the provision of easements and the management of on-site storm water drainage. The City requires easements at least 10 feet wide centered on rear or other lot lines and where utilities are necessary. The city may require a utility and drainage easement be dedicated over the proposed drainage pond on the east end of the lot. The City Engineer should review and comment on the acceptability of the site drainage plan and appropriate size and location of necessary easements. PUD/Conditional Use Permit. The applicant is requesting a conditional use permit for an industrial planned unit development as allowed under Section 4.144 (3) of the New Hope Zoning Ordinance· This is necessary to accbmmodate the integrated site design of having two principal buildings on a single lot. The review process for a PUD occurs in three stages: concept stage, development stage and final stage. Based on the information submitted and the applicant's development schedule, the Planning Commission is only conducting concept stage review at its July public hearing. Development stage is anticipated to be submitted for August consideration. 3 The PUD Concept Plan provides an opportunity for the applicant to submit a plan to the City showing his basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The PUD Concept Plan presents the immediately significant development elements which the city shall review and for which a decision shall be rendered. Zoning. The site is zoned I-l, General Industrial. This zoning district allows for manufacturing businesses and also allows for industrial PUD by conditional use permit. The existing businesses and the expansion of Versa Die Cast are uses allowed within the I-1 zoning district. Site Size. The proposed project site consists of 6.85 acres located east of Winnetka Avenue and North of Quebec Avenue. The site exceeds the minimum lot area and lot width requirements of the I-1 zoning district. The site also exceeds the 200 foot frontage requirement established for industrial planned unit developments. Setbacks. The site contains two existing 26,880 square foot buildings. The applicant is proposing to construct a 41,640 square foot addition to the western building. Both buildings and the proposed building addition comply with I-1 District setbacks as follows: Required Setbacks within the I-1 District Required Proposed Front (Quebec-South) Front (Winnetka) Side 50' 62' 50' 216' 20' 47' Lot Coveraqe, The I-1 Zoning District does not allow more than 40 percent of the lot to be covered by buildings. The applicant has indicated that the total building floor area on the site will be 94,560 square feet. This represents 31.7% of the total site area. Green'Area. Per Section 4.145 (3),of the New Hope Zoning Code, at least 20% of the lot must remain as a green area, including shrubbery, plantings or fencing, and shall be landscaped. The site plan indicates 1.8 acres of green space on the 6.8 acre lot, therefore, 26% of the lot contains green space. Landscapinq. The City staff has noted historical problems with site upkeep and appearance. Past problems with outdoor storage,load area exposure and overall site appearance was discussed at the June 23rd Design and Review Committee meeting. In regard to these past issues, site appearance and landscaping have become a critical element of the site plan review. The applicant has submitted a landscape plan. Several concerns must be addressed in regard to the landscaping and screening. As the lot exists, there is virtually no screening and landscaping. The existing loading area between the two buildings is not screened, nor have trees been planted in the boulevard of Quebec Avenue. Also, due to the fact that the elevation of Winnetka Avenue is 20 feet above the foundation of the buildings, the rooftop equipment is highly visible to traffic on Winnetka. therefore, the applicant must supply significant screening and landscaping along Winnetka Avenue and Quebec Avenue. In review of the landscape plan, we offer the following comments: The landscape plan does not provide adequate screening of rooftop equipment from Winnetka Avenue. The building is located at an elevation approximately 20 feet below street grade. The proposed plantings along the west side of the building provide marginal screening due to plant location and type. We would recommend that coniferous trees such as Colorado Spruce be added along Winnetka Avenue to supplement the proposed deciduous plantings. the proposed building is large and architecturally limited in exterior features. As such, the landscape plan should attempt to break up the building mass with landscaping. The foundation planting is reliant on shrubs. While the Red Twigged Dogwood offers some planting height at maturity, we would recommend additional plantings that offer some vertical dimension to the foundation planting. This is particularly an issue for the west side of the building. On the south side of the building facing Quebec Avenue the foundation plantings may be supplemented by additional over story trees in green areas between the sidewalk and building. The existing buildings offer little landscape amenity along the building foundation. TheSe buildings present a concern with regard to site appearance and upkeep. If foundation plantings are not practical, additional landscape features should be provided at the site periphery to screen the building loading and activity areas. Additional landscaping should be provided along the south and east parking areas. The City Building Official noted the existence of a significant 30 inch Oak tree at the east end of the lot. The grading plan should be adjusted to provide the proposed storm water drainage pond without losing this significant tree. Tree preservation measures should be defined as part of the PUD approval which outline precaution to be used during construction to protect this tree. The applicant should indicate how the landscaping will be maintained. Plans for site irrigation must be identified as part of the PUD development stage. Off-street Parking Requirements. As stated within the New Hope Municipal Code the following parking spaces are required: Required Proposed Manufacturing Warehousing Office space per 350 s.f. floor area space per 1,000 s.f. floor area spaces + 1 for each 200 s.f. 34,000 s.f. 30,000 s.f. 4,000 s.f. Company Truck I space for each company owned truck stored outside 0 trucks *Floor area - The term "floor area" for the purpose of calculating the number'of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use, times the number of floors, minus ten (10) percent. Based on th~ above table, 135 parking stalls are required. The applicant has provided proof of parking on the site for 165 spaces. The parking stalls and driveway aisles are properly dimensioned. the existing parking stalls along the existing building present some concern in that there is no physical barrier between the building and parking stall. To avoid damage to the building or automobiles, curb stops should be provided for these parking stalls. The applicant's site plans illustrate that all parking and loading areas will have bituminous surfacing and striped stalls. The site plan must provide for continuous concrete curbing around the entire parking lot. Off-Street Loadfnq. For industrial districts the number of loading berths required is one '(1) per building, and one (15 additional berth for each additional one hundred thousand (100,000) square feet. Based on these requirements, the applicant must provide for two (2) loading berths on the site. Currently, there are six existing berths on the site, and three additional loading area are proposed as part of the new addition. Three overhead doors are proposed along the north side of the new .building addition. The site plan shows only 47 feet of bituminous paving north of the new building. This raises issues as with 6 regard to adequate maneuvering area for semi-trucks with trailers. As part of the PUD development stage, the applicant should demonstrate how trucks will maneuver to utilize these northern loading areas. Access. Ail site access is to be provided via Quebec Avenue. The site plan shows three curb cuts along the 1,000 foot frontage. One of the existing curb cuts is being removed in exchange for a new curb cut located along the west side of the new building addition. The number, location and width of curb cut comply with City performance standards. Efforts should be made to segregate truck and automobile traffic as much as possible. As such, truck traffic serving the site should be directed to the second curb cut through the use of signage. This. takes the truck traffic directly to the loading bay corridor. Due to the site circulation layout, we would not envision that trucks would exit the site exclusively from the second curb cut, however, channeling the inbound truck traffic will serve to eliminate traffic conflicts both internally and with adjacent properties. Grading and Drainaqe. The applicant has submitted a grading and drainage plan. As shown the proposed parking area is 20 feet lower than the street elevation of Winnetka Avenue. To address a continuous site drainage problem and increased runoff from the new building addition and parking area, the applicant proposes to direct site drainage to a new on-site stormwater ponding prior to releasing it north to Old Dutch Pond via a storm sewer in the Quebec Avenue right-of-way. The grading and drainage plan shall be subject to the review and commenu of the City Engineer. Building Desiqn. The property owner's intention is to create an addition which will aesthetically blend with existing buildings after they are renovated and repainted. The design of the existing buildings establishes the design motif which they intend to carry around on the south and west portio of the new addition. The applicants are currently investigating the use of Fabcon pre- stressed pre-cast insulated sandwich panel construction which they believe would give them more flexibility in design of the new addition. However, Fabcon has indicated that their production schedule is such that it could not possibly meet the time constraints of this project in this building season. Due to commitments made by Versa Die Cast prior to their coming the property owner with the request for the addition, they are under a time constraint to provide them with a facility to house new equipment by sometime in October to early November. Therefore, from the applicant's perspective, time is obviously of the essence. They have asked for input and assistance from the Planning Commission, City Council, and staff of the City of New Hope to help provide a facility that will be in keeping with the requirements of New Hope, but will also meet the schedule and economic requirements of Versa Die Cast. The building elevation illustrates an exterior facade that is a continuation of the existing building. White concrete blocks with tan decorative blocks trim along the building roof. In response to comments from the City Building Official and Design and Review Committee, they have added some windows to the south side of the building. They also attempted to break up the horizontal mass of the building with vertical columns of decorative brick. In addition to the applicant's architectural efforts, the following aesthetic elements should be pursued as part of the development stage approval: me Expand landscape plan to address the recommendations presented earlier in this report. Ail roof top equipment must be enclosed or painted to match the building. Ail trash dumpsters must be enclosed or located inside the building. Trash receptacle enclosures must be designed in a manner that is compatible and complementary to the principal structure. Overall site cleanup. Elimination of all outdoor storage from the site. Buildin~ Height. No structure within the I-1 zoning district may exceed three (3) stories. The proposed two (2) story building is proposed to be twenty-nine (29) feet tall,therefore, will comply with the City regulations. Siqnage. The submitted site plan does not indicate a sign at this time, however, any signage is required to meet all City sign regulations outlined in the New Hope Sign Code Sections 3.4 through 3.485. 8 CONCLUSION The City is currently evaluating a requested plat and PUD concept plan. Based on information available, the plat is recommended to be approved. The PUD concept plan offers the city review opportunity on a preliminary basis. The applicant must subsequently pursue development stage approval. From a land use perspective, the proposed application is appropriate. With regard to site specific issues, we believe that the concept approval may be given provided site issue identified in this report are adequately addressed in the subsequent development stage submission. pc: Doug Sandstad Dan Donahue Steve Sandral 9 REAL ESTATE KELLISON CO. :. DEVELOPMENT AND CONSTRUCTION S.ERVICE~fi. 3880 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 · OFFICE 612-777-8646 · FAX 612,777-8673 June 20, 1994 Mr. DoUg Sandstad City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Application to Planning Commission V~rmnetka Properties 3943 Quebec Avenue North Dear Mr. San&tad: We offer the following information in support of our Application for platting of the property known as Don Harvey Second Addition, Block 1, Lot 1 which currently supports two industrial buildings of approximately 26,880 sq. ft. each, and for the approval of a planned unit development under Chapter 4.19 for the addition of approximately 20,400 sq. fL to the building addressed as 3943 Quebec Avenue North. Property ownership is: Winnetka Properties Donald Harvey, Managing Partner 7145 Sandburg Road Minneapolis, MN 55427 Telephone: 544-2790 Fax: 544-9942 Applicant is: Kellison Company Telephone: 777-8646 James E. Kellison Fax: 777-8673 3880 Laveme Avenue North, Suite 270 Lake Elmo, MN 55042 Consultants: Architect DBA Architects Telephone: 770-9922 D(~n Baker Fax: 777-8673 3880 Laveme Avenue North, Suite 270 Lake Elmo, MN 55042 Surveyor Schoell and Madson Dave Toenies 10550 Wayzata Blvd. Minnetonka, MN 55348 Telephone: 546-7601 Fax: 546-9065 Civil Engineer Stevens Engineers, Inc. Pat Carpenter 1301 Coulee Road Hudson, WI 54016 Telephone: 715-386-5819 Fax: 612-436-2075 Kellison Company has been retained by Donald Harvey, Managing Partner for Winnetka Properties, to provide design/build general contracting services for the platting of the above- referenced property and for the production of drawings relevant to the addition of 20,400 sq. ft. to the existing building and thereafter to provide construction services for the work required to accomplish that addition and other site-related work. As the project progresses through the city process and the design process, the city will be apprised of the addition of other consultants and engineers for the project. The project consists of approximately 6.85 acres (298,000 sq. ft.) located east of Winnetka Avenue and north of Quebec Avenue North. There are two structures currently on the property which are approximately 26,880 sq. ft. each which were originally designed for use as multi-tenant industrial type facilities and were constructed about 18 years ago. One tenant, Versa Die Cast, Inc. now occupies the westerly building of the two and also has one bay (approximately 5,000 sq. ft.) of the easterly building. Two other tenants occupy the balance of the space in the easterly building with one of them occupying approximately 15,000 sq. ft. and the other occupying approximately 7,000 sq. ft. Versa Die Cast has made a request of the owners to provide an additional 20,000-a: sq. ft. for their manufacturing needs or they will have to vacate the building and move to another city. We are requesting that the City of New Hope grant us the platting of the property and the permission to construct approximately 20,400 sq. ft. as an addition to the westerly building so that we may maintain the Versa Die Cast Company as a tenant in the building and as a business within the City of New Hope. Versa Die Cast currently employs approximately 60 people and will increase their employment with the new facility to approximately 100. These are manufacturing level jobs and have an average salary approaching $30,000/yr. The legal description of the property is attached for your review. The property is currently zoned as Industrial-1 and is in compliance with the requirements of the comprehensive plan for the city. The plans: and the data thereon, more adequately describe the size of the project, the nature of the construction, and the' land use data better than I can in a narrative description. Since the project is surrounded on three sides by industrial zoned land and is across the street from the only residentially zoned land, we do not feel that this project will have any additional significant impact on the comprehensive planning for the city or on the adjacent property owners. The adjacent roads and utilities have been designed and sized to accommodate the types of vehicular activity and utility services that have been occurring at this site and that will continue to occur. There will be minimal amounts of additional trucking to and from the site and there will only be approximately 40 additional automotive trips to and from the site for new employees. There will be no additional needs for sewer and water connections. The property will continue to be owned by W"mnetka Properties for the foreseeable futUre which will have ultimate responsibility for the maintenance of the property subject .to the terms and conditions for maintenance and repair that are included in the leases With the tenants. As a part of the new addition to the Versa Die Cast building and due to the fact that one of the "less desirable" tenants of the east building has recently vacated, it is the intent of W'mnetka Properties to renovate both of the existing buildings including refurbishment of the docks, doors, re-painting of the walls, landscaping, and other necessary features to enhance the aesthetic appeal of the buildings. Versa Die Cast's requirements for the addition are for a simple manufactUring facility which, due to their needs, is economically driven by the lease rate. The owner's intention is to create an addition which will aesthetically blend with existing buildings after they are renovated and re- painted. The design of the existing buildings establishes the design motif which we intend to carry around on the south and west portion of the new addition. We are currently investigating the use of Fabcon pre-stressed pre-cast insulated sandwich panel construction which we believe would .give us more flexibility in design of the new addition. However, Fabcon has indicated that their production schedule is such that it could not possibly meet the time constraints of this project in this building season. Due to commitments made by Versa Die Cast prior to their coming to the owner with the request for the addition, we are under a time constraint to provide them with a facility to house new equipment by sometime in October to early November. Therefore, from our respect, time is obviouslyofthe essence. We are asking for input and assistance from the planning commission, city council, and staffofthe City of New Hope to help us provide a facility that will be in keeping with the requirements of New Hope but will also meet the schedule and economic requirements of Versa Die Cast. The long-standing sitUation of drainage from this site across private property will be resolved as a part of this approval. We intend to create a retention/sedimentation pond in the area of Ouflot A at the east end of the property to accept all drainage water from this site. All water will be directed to the same general location where it currently exits the property at approximately 300 feet west of the northeasterly corner of the property. Currently this water drains across private property to.the pond area approximately 150 feet north of the subject property. In replacement of that system, we intend to install catch basins'and a storm sewer system to carry onsite water to the new retention/sedimentation pond on Ouflot A. This pond would subsequently drain an amount not to exceed what had previously been going to the pond to the north of the property by means of a storm sewer across public right of way along Quebec Avenue and then outfalling into the pond. Newly created excess water above the amount that has been draining from the site will be taken 9ffby means ora storm drain system from the retention pond to the catch basin in the street at the southeasterly curve of the property and subsequently to the sedimentation pond southeast of the property across QuebecAvenue. This method, we believe, is the best solution to a long standing problem in that it eliminates any. drainage across private property and provides for diversion of the newly created excess drainage to an existing city system thereby not increasing the.amount ofrunoffto the natural pond at the north of the property. Thank you in advance fo.r your consideration of our application. We look forward to.discussing this project with you and considering any suggestions you might have for its improvement.. Respectfully submitted, cc: Don Harvey I'Z I R.4 PARK 42-1/2 SCHOOL I-1 NATIVITY LUTHERAN CHURCH BETHEL LION~ PARK B-4 R-4 I-2 I 1 ; ; ,dDDITION OUTLOT ~ DNR WETLAND 6Z8W C ~ - I I I I I I I I I I I I I ~2-001 PAl?CEA NO. NO. 17-118-ZI-23-0001 PA PCEL No I--~ VII L AGE M H-104 OUTLOT INDUSTt~tA C~MH- 106 ~1 (DBL.) C BMH- 107 CB-1OSA BLOC PA,e A" LOT Z~ VEt~A DIE HOPE, r'IlNNE~TA ~ELI. I~ON 3~ LA~EF;~ A~E. ~JlTE 290 LAKE ELPIO, I"lN ,55~42 ~,,millllllllllllillllllllllllll~ ~ B..k'VA11ON ~ EI.L~'AllC~ ......... tF ..... .4. > ~7--e8-1994 iA:09 6lA 636 1311 BONESTRQO & ASSC, P.OA Bonestroo Rosene m--re. Anderllk & Associates Engineers & Architects July 8, 1994 MA. sar/am, RI, ~ A. ~ ~1. M~h~ R ~, Mr. ICirk McDonald City of New Hope 4401 Xylon Avenue N. New Hope, ~ 55428 Re: Winnetka Properges 3943 Quebec Avenue Oar File No. 34-GEN (Eg4-12) Dear Kirk: We have reviewed the proposed site plan and platting for the property at 3943 Quebec Avenue. The following is recommended for consideration: O The sewer and water service to the new building addition is not shown, A sewer and water service stub does exist opposite the new building addition in Quebec Avenue. Water main extension for fire protection should be considered in accordance with the Fire Department, The grading of the site proposes a retaining wall in the northwest corner of the site. The estimated height of the retaining wall is ? feet, which warrants reinforcement fabric ff modular block is used. Therefore, the setback requirement for the retaining wall from the property line must be 10 feet or greater to comply with New Hope's ordinance and requirements for reinforcement. The drainage on the site is intended to be collected and conveyed to a pondlng area on the east side of the site. Specifics for the pond are not provided; however, it's recommended its normal water level (NWL) be 908, while its high water level (HWL) be 915. Approximately 2 acre feet of storage can be provided.. The outlet pipe can be reduced from the proposed 27" to 15". It's also recommended the pond be excavated to 904 approximately 4' below the' NWL. An outlet skimmer shall be constructed at the discharge pipe. The plan shall be reviewed by Shinl~le Creek Watershed and comply with their water quality requirements. The secondary pond outlet pipe is not recommended. o Concrete curbing and improvements to the existing parking/drive isles is recommended. 2335 ',IVest Highway 36 · St, Paul, MN 55113 * 612-636~14K)0 P=~ 2 Re: ~,~nnetim Propert~ $P,13 {~uebec Avenue 0 Sidewalk exists on the south side of Quebec Avenue abutting the church. It's recommended sidewalk be considered on the south and east sides of Quebec Avenue. abuttins this property, The existinB bituminous pavement and driveway at Winnetka Avenue shall be removed and properly restored. If you have any qu~tion~ please contact this office, Yours very truly, BONESTROO, ROSBNF_., ANDERLIK & ASSOCIATES, INC. Mark A. Hnn~n MAH:jlm STEVEN A. ~ONDRALL MICHAEL R. LXFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT June 30, 1994 CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LAVONNE E. KESKE SHARON D. DERB¥ Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Don Harvey 2nd Addition Preliminary Plat Our File No: 99.15030 Dear Kirk: I have reviewed the proposed preliminary plat of Don Harvey 2nd Addition and have the following comments: 1. The legal description on the preliminary plat includes not only the land to be included in Don Harvey 2nd Addition, but also includes the land previously platted as Don Harvey Addition. The legal description needs to be changed to include only the land being platted as Don Harvey 2nd Addition. 2. The following information as required by City Ordinance §13.04i is not included in this preliminary plat: Scale (and bar scale) of the plat; Existing zoning classification (property appears to be zoned I-1 and is described in New Hope City Ordinance §4.34(4); Sewer, water main and other details. 3. The property owner must supply our office with a Registered P~operty Abstract or an Abstract of Title extended to date for the property to be included in the plat of Don Harvey 2nd Addition. 4, The property owner should also be aware that the entire real estate taxes due and payable in 1994 must be paid before the final plat will be accepted for filing by the County. So if the developer expects the final plat to be filed before October 15th, arrangements should be made for prepayment of the second half real estate taxes· Mr. Kirk McDonald June 30, 1994 Page 2 Contact me if you have any questions. Very truly yours, Martin P. Maleach s3t2 cc: Daniel J. Donahue, City Manager Steven A. Sondra11, Esq. Hennepin County An Equal Opportunity Employer Kirk McDonald Management Assistant/Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN 55428 June 28, 1994 RE: Proposed Plat - Don Harvey 2ND Addition CSAH 156, east side approximately 1300 feet south of CSAH 9 Section 17, Township 118, Range'21 Hennepin County Plat No. 2157 Review and Recommendations Dear Mr. McDonald: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: · As shown on the preliminary plat, dated June 15, 1994, the developer should dedicate an additional 7 feet of right of way for a total of 40 feet of right of way from and along the CSAH 156 centerline. · All access from the plat to CSAH 156 must be limited to Quebec Avenue. The existing driveway located approximately 220 feet north of Quebec Avenue must be removed and the area within County right of way restored. The developer must have an approved Hennepin County entrance permit before beginning any access construction or driveway removal. The developer should contact Dave Zetterstrom at 930-2548 for access information and entrance permit forms. · All proposed construction within County right of way requires an approved Hennepin County utility permit prior to beginning construction. This includes, but is not limited to drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. · The developer must restore all areas, within County right of way, disturbed during construction. Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612)930-2500 FAX: (612)930-2513 Recyc[i. i P:~pcr Kirk McDonald June 29, 1994 Page 2 Please direct any response to Doug Mattson. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ/DBM Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Sune 28, 1994 Kirk McDonald Community Development Cootdhlator City of Golden .Valley 7800 Golden Valley Road Golden Valley MN 55427-4588 Dear Kirk McDonald: Thank you for submitting the Don Harvey 2nd Addition preliminary plat for our review. Since the proposal is not adjacent to an existing or proposed state trunk highway, Mn/DOT has no comment regarding the development of this property. We thank you again for the opportunity to provide comments on the preliminary plat. If you have any questions please contact me at 582-1387. Sincerely, Cyrus Knutson Transportation Planner An Equal Opportunity Employer CITY OF NEW HOPE MEMORANDUM DATE: June 24, 1994 TO: Hennepin County Department of Transportation Minnesota Department of Transportation Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope New Hope New Hope New Hope New Hope Director of Public Works Director of Finance/Administrative Services City Attorney City Engineer Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Preliminary Plat of Don Harvey Addition Enclosed you will find the Preliminary Plat for the Don Harvey Addition. Please review and forward comments to me prior to 4:30 p.m. on Friday, July 1, 1994. The Preliminary Plat will be considered by the New Hope Planning Commission at their July 12, 1994, meeting. If you have questions, please feel free to contact me at 531-5119. Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-1¢ Request for Conditional Use Permit Amendment and Site/Building Plan Review/Approval to Allow Expansion of School Uses in an R-1 Zoning District 8230 47th Avenue North 07-118-21 41 0001 R-1 Independent SchOol District No. 281 (Cooper High School) July 6, 1994 July 12, 1994 uPDATE After the June 7th Planning Commission meeting, at which time this request was tabled so that a number of issues could be clarified, the School District requested a meeting with City staff and requested a list of issues which the City felt had not been addressed or needed further explanation. City staff, the Planning Consultant, the City Engineer and a representative from the Watershed District were present. The Planning Consultant stated that Independent School District #281 should submit a detailed facility operation plan that specifically addresses the following issues: B. C. D. E. F. G. H. I. J. Traffic control plan/parking plan Proof of parking plan if lot capacity is exceeded Bus parking description proof of parking Shift shot put area further north Address engineer's comments Student clean up detail of site and neighborhood of events Limitations on events, formal approval of additional events No shared facilities Parking lot improvements - paving/curbing/striping Understory shrubs and ground cover to accent the berms Planning Case Report 94-14 July 6, 1994 Page 2 Ko Landscaping at west end of parking area, while maintaining traffic visibility triangle at entrance L. Noise abatement measures M. Measures to reduce graffiti, trespassing, vandalism 2. City staff responded that there were four broad areas that needed to be addressed: A. Ci~ Code Issues Responding in writing as to how the plan meets the following Zoning Code criteria: 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. 2. Compatibility. The proposed use is compatible with its adjacent land uses. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. o Zoning District Criteria. In addition to the above general criteria, the proposed CLIP meets the criteria specified for the various zoning districts: a. In Residential Districts, R-1,2,3,4,5,R-O: Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so the existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant lan& Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Planning Case Report 94-14 July 6, 1994 Page 3 B. Traffic Control Watershed/Engineer comments on drainage issues at Cooper High School and New Hope Elementary D. An operational plan that addresses how assorted nuisances will be addressed. At that meeting the School District responded in writing to the 16 recommendations made in the June 3rd Planning Consultant's report and those responses are attached. At that meeting the District had an extensive discussion with the Watershed District on drainage/stormwater issues and indicated that they would be applying for a variance from the Watershed District regarding providing an on-site "wet" storage pond. That application was considered at the July 7th Watershed meeting and it is staff's understanding that the request was tabled. Please refer to the City Engineer's comments. 0 At the June 21st meeting, the District also presented draft copies of a Management Plan, Operational Plan and an updated Traffic Management Plan, all of which address a number of issues raised at the June 7th Planning Commission meeting. The New Hope Police Chief was also present at the meeting to discuss traffic control issues and the use of New Hope Police Reserves. The Design & Review Committee met with the petitioners again on June 23rd and the issues discussed included the Management/Operational/Traffic plans, mowing the fence south from 49th Avenue to provide an open field area, parking lot improvements, drainage issues, additional landscaping on the northwest corner of the site and management of the parking areas in back of the school. Revised plans were submitted as a result of the meeting that included additional screening at the west end of the parking lot, the elimination of the dead-end parking arrangement behind the school, potential parking space for two additional fences, the perimeter fence has been relocated to an area immediately north of the football field to provide more open space for neighborhood use, and the location of trash receptacles have been indicated on the plans. o An Athletic/Physical Education Complex Management Plan has been submitted outlining the use of the complex, lighting, sound and an education campaign - please refer to attached plan. An Operational Plan has been submitted which outlines litter clean-up procedures, snow storage, traffic control, signage, and graffiti/trespassing/vandalism. 10. A schedule of site improvements for New Hope Elementary School has been provided. Planning Case Report 94-14 July 6, 1994 Page 4 11. The Traffic Management Plan has been updated to address issues raised at the June Planning Commission meeting. 12. The City Engineer has reviewed the revised plans and has the following comments: Traffic/Parkin~ mo The School District has provided a written "Traffic Management Plan" stating they will comply with the requirements of the City to direct and maintain traffic. Details based on previous discussions are included. Improvements to the New Hope Elementary School parking lot are not included. It is stated parking lot improvements will come by September 1997. Improvements being considered include a seal coat and possible curbing. It is also stated a small section of curbing will be constructed in 47th Avenue at this time. Details are not provided where the curb improvements are to be located. Drainage mo The Shingle Creek Watershed reviewed the plan as submitted at its July 7~ 1994, meeting. Details for the inlet/outlet structure in the detention basin, the impact/expectations of the detention basin, the three grit chambers, drainage at New Hope Elementary School, regional ponding for water quality, and conditions for the variance from water quality standards were discussed. The condition of the detention basin was discussed at length. It was stated its condition during wet periods may not meet the expectations of the School District and nearby residents. It was stated a wet pond in accordance with New Hope's Draft Comprehensive Storm Sewer Plan or a cash contribution to a regional water quality pond would be more desirable. The on- going maintenance associated with the grit chambers and the detention basin/outlet structure were also discussed. It was pointed out the on-going maintenance for these facilities will be much greater than a wet pond. The Commission tabled action until its August. meeting because the information needed to prepare a variance request was not submitted to allow time to prepare the request. The variance is required because requirements, associated with water quality are not being met. Drainage improvements for New Hope Elementary School are not included. It is stated these drainage improvements will come by September 1997. Specific improvements are not discussed. Site A. Site improvements discussed in our June 2, 1994, letter have been addressed, with the Planning Case Report 94-14 July 6, 1994 Page 5 exception of Items e and f. Item e recommended all existing bituminous areas be resurfaced (bituminous overlay, not seal coat), while Item f suggested the drive aisle in front of the concession area be 28 feet wide, not 24 feet wide. Conclusion mo The drainage plan shall comply with requirements of the Shingle Creek Watershed, including all conditions included with the variance. The impact of a dry detention .basin versus a wet water quality pond or a cash dedication towards a regional water quality pond should be reviewed further by the school district. Bo Parking lot and drainage improvements for New Hope Elementary School shall be specifically identified in writing at this time if the improvements are allowed to be delayed until 1997. ~ 13. New Hope staff will be meeting with Plymouth staff on July 1 lth (at Plymouth's request) so that both Cities are in open communication about the plans, issues, timetables, approvals, etc.. in each respective City. 14. The Planning Consultant has prepared the enclosed report which analyzes the revised School District plans and documents . . . please refer to that report for detailed explanations. RECOMMENDATION It is staff's opinion that the School District has addressed a number of the concerns raised at the June Planning Commission meeting and has provided the information and revised plans, as requested by City staff. There is a considerable amount of support Ibr and opposition to this request and ultimately the Commission members need to determine whether the requested use complies with the Zoning Code criteria and if the District has answered all issues to your satisfaction. If the Commission votes to deny the request, the reasons for the denial should be clearly stated at the time of the vote. If the Commission votes to approve the request, staff recommends that it be subject to: 1. The 14 conditions outlined in the Planning Consultant's report. 2. The two conditions outlined in the conclusion of the City Engineer's comments. o Development Agreement be entered into between City and School District (to be prepared by City Attorney) that incorporates all conditions and the commitments made in the Operation/Management/Traffic Plans. Planning Commission Report 94-14 July 6, 1994 Page 6 Performance bond be provided for site improvements (amount to be determined by Building Official and City Engineer). 5. Annual review by City staff. Staff encourages the Commission to make a decision at this meeting if you feel that you have adequate information so that this matter can proceed to the City Council. Attachments: July 6th Planning Consultant's Report Zoning Map Revised Site Plan Revised Grading/Drainage Plan Revised Landscape Plan Field Lighting Plan Building Elevations Stadium Cross-Sections Petitioner's 7/1 Correspondence Management Plan Operational Plan New Hope Elementary Site Improvements Traffic Management Plan New Hope Elementary Principal 6/20 Correspondence Cooper High School Response to New Hope Planning Report 6/3 List of Issues Identified by City Staff & Planning Consultant for 6/2 meeting with School District Watershed Variance Application City Engineer Comments re: Revised Plans Jtme 7th Staff Report June 3rd Planner's Report Nort west ssociated Consultants, Inc. U R B A P L A N NG · DES I G N · M A R K E T R ES E A RC H PLANNING REPORT TO: FROM: DATE: RE: FILE: Kirk McDonald Elizabeth Stockman / Alan Brixius 6 July 1994 New Hope - Cooper High School Athletic Complex 131.01 - 94.13 Background On 7 June 1994, a public hearing was held by the Planning Commission to consider a requesE by School District 281 for construction of an athletic complex on the Cooper High School property, located at the intersections of Zealand and 49th Avenues North in the City. The hearing was tabled to allow the applicants time to address issues brought up at the meeting as well as those identified in the 3 June 1994 NAC Planning Report. Since that time, the School District has submitted revised plans which are the basis of this report. The property is zoned R-i, Single Family Residential which requires that a Conditional Use Permit be obtained because of its association with the school as a public/educational structure. The two existing high schools, Cooper and Armstrong, currently share an athletic facility which is located off-site. The recent sale of Mielke Field mandates the relocation of 'the athletic complexes. The School District is requesting approval of this project as well as a similar one in the City of Plymouth, So that equal facilities, recreation opportunities and time are available to both schools. 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Grading and Drainage Exhibit D - Landscaping Plan Exhibit E - Floor Plans/Elevations Exhibit F - Lighting Plan Exhibit G - Section Drawings Recommendation With the sale of Mielke Field the school district has limited site choices for the establishment of an athletic complex that will serve the Cooper High School students. In evaluating the school districts request for a CUP, the City must consider the benefits of having a quality athletic facility for the students as well as the New Hope residents. The eduCational and recreational opportunities must, however, be weighed against the land use issues that are presented by the site. Based on the review of City Code requirements as discussed herein, the proposed stadium complex has several outstanding issues associated with it which are unique to the City and sensitive to existing surrounding area property owners. At the forefront are compatibility, noise, and visual concerns in addition to traffic a~d parking considerations. The ISD has attempted to address the land use issues through site design and an Operational/Management Plan which identifies specific site uses and procedures. It is for these reasons that we do not make recommendation on this matter, but rather leave it as a policy decision to be decided by the Planning Commission and City Council. Should the City decide to approve the request, it is recorc~ended that the following conditions be included as part of the Conditional Use Permit/Site Management Plan. 1) The project is found to comply with all Conditional Use Permit criteria~as outlined herein. 2) The drive lane between the two northern most rows of stalls in P&rking Lot A is widened to the required width of 24 feet. 3) The storage of snow within Parking Lot C occurs at the south end of the lot rather than on the north side which is closest to the building and activity areas. 4) A definitive time frame is set for completion of parking lot and storm drainage improvements at the elementary school site, a performance agreement is entered into between the School 5) 6) 7) S) 9) zo) ii) i2) District and the City, and a security deposit is posted to ensure timely completion of scheduled work. If, after the first year of operation, bus parking space proves to be inadequate, additional spaces are provided to accommodate them. In the event this becomes necessary, the submitted plans should be revised to show where the additional bus parking could be constructed. Buses shall be prohibited from Using car parking spaces during varsity football games and other events which are at or near capacity. All drive lanes must be kept free of parked vehicles or buses at all times to ensure proper circulation and emergency access. The City finds the submitted Traffic Management Plan acceptable for the control of vehicles and minimization of impacts on surrounding area local streets. A determination of the number of policemen, reservists, or attendants which will be necessary is indicated as based on the number needed at maximum capacity and is adhered to unless a smaller than expected crowd is present. The grading and drainage plan and all related issues, including trench drainage, underground gri~ chambers, and the proposed on-site ponding area, are reviewed by and subject to the approval of the City Engineer. Small shrubs and/or ground cover species are integrated into the design of bermed areas to minimize mowing on steep slopes and add to the visual character on site. Am~y lighting used on site is arranged so as not to reflect onto adjacent property. The types, sizes, and locations of security lights are indicated on revised plans as a means to avoid trespassing and vandalism. Adjustment of decibel levels from the loud speaker system is adjusted to be in conformance with City and Pollution Control Agency standards at the time of installation. A Noise Impact Statement is submitted if required by the City to further address related concerns. The litter control team will clean, up after game events, prior to llam the next day, in areas designated but not limited to the following: Zealand Avenue North, 49th Avenue North, Virginia Avenue North, and 47th Avenue North. Any complaints by property owners outside of these designated areas shall also be the responsibility of the School District. Ail signage which may be desired or necessary on site is reviewed and subject to the approval of the City. 3 The proposed locations of service gates and access points are considered to be satisfactory, but will also be subject to review and comment by the City Engineer and Building Official. Ail existing loading areas have been maintained appropriately. Conditional Use Permit Review Criteria. The Planning Commission and City Council will consider the possible adverse effects of the proposed conditional use and in determining whether to approve or deny a Conditional Use Permit, they must find that: 1) 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. · The New Hope Comprehensive Land Use Plan identifies the school district site for public and semi-public land uses. While the athletic facility falls into this land use category as an accessory use, the Comprehensive Plan does not specifically address this type of land use activity for the high school si re. The Cooper High School is located in Planning District 13 as defined in the New Hope Comprehensive Plan. This district is characterized by totally developed single family residential sub-neighborhoods inter-connected by a large concentration of school and church uses. Traffic generation experienced in this district has been greater than that traditionally found in single family neighborhoods. The following development policies are applicable to the proposed stadium: a) b) c) d) e) f) Preserve and protect property values. Relate land use development to transportation needs, desired development as identified in the Community Development Plan and community priorities. Ensure that intensification of land use activity and development is accompanied by sufficient corresponding increases in related supportive and service facilities. Protect low density residential neig~hborhoods from encroachment or intrusion of incompatible higher use types and by adequate buffering and separation from other use categories. Plan transportation facilities to function in a manner compatible with adjacent land use. Ensure that the expansion of existing development includes adequate off-street parking. The introduction of the high school athletic facility must be evaluated in relation to the residential character of the area and the aforementioned planning policies~ 5 14) Games and. activities on the school site within the athletic complex will be limited to the following without special approval by the City: 4 home football games, 7 home soccer games, post£season tournaments, daytime track meets, and the Spring graduation ceremony. Any activity above and beyond that which is initially approved by the City or usage of the facility by any other school will require further consultation and formal approval by the City Council. The School District enter into a performance agreement to be recorded with the CUP permit that includes all the provisions of the Site Management Plan as well as terms for deferred site improvements and appropriate financial securities. Ordinance Issues Zoning. The school property is currently zoned R-I, Single Family Residential. A Conditional Use Permit is required to locate a public/educational building within the district. The proposed use must meet the following criteria as outlined under Section 4.054 of the City Zoning Ordinance in order to be approved as a conditional use. 1) Side Yards. Side yards shall be double that required for the district, but no greater than 30 feet. The proposed side yard setback from the rear of the visitor bleachers to the property line is 50 feet, thus exceeding the minimum 30 feet required. 2) Parking. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 4.036 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.033(4). Based on the ratio of one parking space for every 4 seats, 625 spaces will be necessary to accommodate the expected crowds (including 25 spaces for handicapped usage). As indicated in subsequent sections of this report, revised site plans show a total of 628 stalls inclusiv~ of 26 handicapped spaces. Thus, adequate off-street parking has been provided in compliance wi th City standards. 3) Off-Street Loadinq. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 4.037. 2) 3) 4) 5) 6) Compatibility. land uses. The proposed use is compatible with adjacent The high school si te is surrounded by single family neighborhoods. The site is accessible via local streets. The introduction of an athletic facility raises compatibility issues with regard to site appearance, traffic, noise, lighting, and evening events. The school district has attempted to minimize the impacts of the complex through site design features, extensive screening, and parking lot improvements. Additionally, the school district has indicated that the new activities being added to the site are limited to varsity football, and girls and boys varsity soccer. To limit the impact of the facility on adjacent neighborhoods, the school district expressed a willingness to limit the number of events. A more detailed evaluation of the site design and land use concerns is provided in subsequent sections of this report. Performance Standards. The proposed use conforms with all applicable performance standards contained in this code. In subsequent sections of this report, detailed review of site plans has been provided and outlines compliance wi th applicable zoning regulations° No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. While the introduction of the athletic complex to the high school site will influence the character of the adjacent residential properties, it will not be the sole determining factor in decreased property values (assuming this is possible). The individual likes and dislikes of a residence, neighborhood, and City are typically the determining factors for persons buying homes. The County Assessor supports this statement and has stated that they do not place values on homes based on the existence of this type of use, but rather the buying and selling patterns of similar homes. Zoning District Criteria. In addition to the above referenced criteria, the proposed CUP meets the criteria specified in the R-1 zoning district. Ail criteria outlined under the R-1 District for conditional uses have been met as discussed above under "Zoning". In residential districts: a) Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses 6 b) c) leading directly to thoroughfares, and not onto-minor residential streets. Traffic from the existing high school parking lot is channeled onto Zealand and 47th Avenues which are both local streets. While parking for the proposed stadium will be utilizing the same ingress and egress points as those which currently exist, the stadium will likely create a greater concentration of vehicles at one time and at a time period spanning the evening rather than daytime hours. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. The School District has proposed an extensive screen utilizing berms and vegetative material along Zealand Avenue which will be subject to review by the City in terms of acceptability and the stadium structure meets all required setbacks. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The proposed stadium represents a high quality design and is consistent with the style/materials of the existing high school building. Site Design Issues Setbacks. The following setbacks are applicable to the proposed development. Front Yard (47th Avenue) Side Yard (Zealand Avenue) Rear Yard (49th Avenue) 30 feet 30 feet 35 feet The proposed stadium is setback greater distances on all three sides than the minimum required. The setback from Zealand Avenue is 50 feet, from 47th Avenue is 220+ feet, and from 49th Avenue is 330+ feet. Vehicle Parking. The existing number of conforming parking stalls on site at the current time totals 552. The breakdown for this is as follows: 381 spaces on the high school site +167 spaces on the elementary school site + 6 reserved spaces - 10 spaces impacted by light poles - 12 spaces lost due to the new design 552 total spaces which exist The City previously indicated to the School District that the existing stalls do not meet code requirements. Thus, the plans reflect a revised parking lot layout with an increase in the total number of stalls, parking spaces and drive aisle widths at the appropriate sizes, and improved intersections. The following breakdown reflects the proposed parking quantities as shown on attached plans: 485 on high school site after changes +153 on elementary school site after changes - 10 spaces impacted by light poles 628 acceptable spaces as shown on submitted plans, not including 33 overflow spaces on the north side of the building The current City parking standard indicates that a minimum of one space per 8 seats should be provided, however, this number is considered to be outdated and it will be necessary for the applicant and City to come to an agreement on the minimum number of spaces that should be provided. The traffic analysis which was prepared by Westwood Professional Services, Inc. dated 26 May 1994, utilizes a 1:4 ratio, thus necessitating a total of 625 parking stalls. As a reference, other sources were checked to compare this proposed standard. Specifically, research by Westwood indicated that the cities of Brooklyn Park, Mankato, Plymouth, and Prior Lake also use this ratio and the American Planning Association (1991, PAS Report 432) supports a ratio of one space per 3 to 5 seats, as varies between cities surveyed. Based on this data, it is expected that one parking space for every 4 seats will be able to accommodate the expected crowds. This necessitates a total of 625 parking spaces, including 25 for handicapped usage. Since the time of original plan submittal, changes have been made on-site to provide space for additional parking which results in total of 629 spaces. Of the 629 spaces, 26 are handicapped parking stalls, which exceeds the 25 required. In the unexpected event that more parking is needed at certain athletic field gatherings, a park and ride service will be provided by the School District from the School District 281 administration building. 8 In the previous Planning Report, dated 3 June 1994, which prOvided an evaluation of original plans, several factors were identified related to parking on-site which needed clarification. These included: 1) designation of the areas where snow is to be stored Revised plans indicate that snow will be stored at the north bay of Parking Lot C and the south end of Parking Lot D and when necessary, will be hauled off-site by truck. Concern has been raised with the use of the north bay of Parking Lot C for snow storage because it takes up designated parking space, thus reducing the number of available stalls by 31 and utilizes the stalls closest to the stadium and building. While the reduction of stalls during the winter may not be an issue, it would be preferable to store snow at the rear of the lot, farthest from the building, rather than on the north side as shown. 2) indication of the grade of the parking area (which must not exceed 5 percent) The grade of parking areas appears to be in conformance with the 5 percent requirement, however, verification of this factor by the City Engineer will be necessary. 3) indication that all parking areas will be surrounded by a perimeter curb, paved, and striped The School District has indicated that improvements to parking areas will be accomplished as part of their scheduled economic plan which is reasonable and feasible with regard to timeliness and cost dispersion. Restriping of the parking lot would be done before completion of the athletic complex, however, upgrading of the elementary school parking lot through seal coating and possible curbing is not anticipated for 2-5 years. This raises concerns with the City in that a means by which to ensure completion of such tasks has not been specifically identified. In this regard, it is recommended that a definitive time frame be set for the required improvements which must include curbing around all parking lots and the School District enter into a performance agreement with the City in conformance with Section 4.233 of the Zoning Ordinance. Additionally, the City may require a security deposit on deferred improvements, the amount to be negotiated and determined by City Staff. Additionally, the City Code requires that parking areas be screened and landscaped from view of surrounding area properties. In the 3 June 1994 PlanniDg Report it was recommended that supplementary plantings be required in the large median area on the west end of the parking lot and along the south/east side where residents access their homes via Dell Drive. Revised plans appropriately show additional screening via a berm and Norway Maple trees at the west end of the parking lot, while a screen fence presently exists along the back lot lines of Dell Drive homes which will be further enhanced by the planting of 4 deciduous trees in this vicinity. A final issue related to parking is the design of the new parking area to the north of the existing building. While the dead-end parking arrangement for 33 spaces has been eliminated from the required count of 625 spaces and will be used only as overflow parking, the drive aisle width between the two northern-most rows of parking measures only 20 feet, instead of the 24 foot width required. Bus Parking. The original site plans indicated two designated bus parking spaces which measure 13 x 40 as is required. While the applicants feel that two bus parking spaces is adequate, it is recommended as a precautionary measure to include a proof of parking clause which would require the provision of additional spaces if it is deemed necessary during varsity football games after evaluation of the first year of operation. It is mandatory that buses do not utilize vehicle parking areas. Revised site plans show the potential parking of two buses along the drive aisle to the north of Parking Lot B. This would not be adequate if additional bus parking were deemed necessary after the first year of operation because it takes up required drive lane width and allows less than 20 feet for the passing of vehicles. An alternative site for the parking of two buses should be indicated; potential options include using the loading dock area which would only'be possible at off-times or along the north drive lane of Parking Lot A. Traffic Generation. The proposed stadium has a total seating capacity of 2500 persons and an estimated maximum vehicle count of 625 per varsity football game (the activity with the most attendance). As indicated previously, these vehicles must utilize 47th and Zealand Avenues to access the major thoroughfares of 49th Avenue and Winnetka Avenue. While this is in opposition to the intent of the CUP criteria, the existing high school parking facility currently accommodates similar levels of traffic which use the same streets to exit the site but the number of vehicles leaving after games would most likely be within a shorter, more intense time period. The traffic study indicated that the intersections of Winnetka at 47th and 49th as well as the intersections of Boone at 47th and 49th are able to accommodate the levels of traffic anticipated on game nights. Ample consideration was not, however, given to the effect that traffic will have on i0 surrounding area local streets. It was indicated that an additional 95 vehicles would utilize Virginia Avenue north of 47th Avenue and an additional 50 vehicles would traverse Zealand Avenue, but others were not specifically addressed. Since the original application, a Traffic Management Plan has been submitted which is intended to minimize impacts on neighboring properties by implementing the following: 1) The School District has stated that an educational campaign, approved by City Staff, will be used to advise proper methods of access and parking for home and visiting teams, students, faculty, and parents. 2) The School District shall provide a schedule of major events to each home in the residential area surrounding the school. 3)¸ Scheduling of events at the High School and Elementary School will be coordinated so as to avoid parking and vehicular maneuvering conflicts on site which would otherwise result from multiple events on the same night. 4) Use of the athletic facility will be limited to regular Cooper High School activities and athletic events, and will not be utilized by other schools or for non-school related events. 5) No parking will be allowed on residential streets during major facility events. Covers will be placed over street signs which otherwise allow on-street parking. 6) A team of attendants will be utilized to direct vehicles to and from the site both before and after the event or game. 7) If requested, under the direction of the Chief of Police, barricades will be placed at the entrances of neighborhood streets. 8) During the first year of operation, attendance, parking lot, and turning movement counts will be conducted if requested by the City and submitted for City Staff review. 9) Review and necessary modification to the Traffic Management Plan will be conducted after the first, few events and annually thereafter. Review of the proposed Traffic Management Plan reveals a well thought out procedure in general which is anticipated to address concerns of neighboring homeowners and City Staff. One issue, however, does remain outstanding in this regard and that is the determination of the number of policemen, reservists, or attendants that will be necessary to control the flow of pedestrians and traffic. It is recommended that a specific number of people be !1 scheduled at event times as based on the number needed at maximum seating capacity. Should a smaller than expected crowd occur, attendants may be dismissed accordingly. Grading and Drainage. A grading and drainage plan has been submitted, as required under Section 4.032 (4). The berm which has been proposed along the west side of the stadium measures 8 to 10 feet in height and has a maximum slope of 25 percent (1:4) which is in compliance with Zoning Ordinance criteria for turf slopes. At this time berms are to be sodded to control erosion and planted with spruce trees. However, as is recommended in subsequent sections of this report, shrubs and/or ground covers may be better suited for the steepest sloped areas and may also add to the visual quality on site. Secondly, the School District is planning to regrade the existing football/track facility to prepare it for the proposed improvements and improve surface drainage overall. A trench drainage system will be utilized within the track oval and will be diverted to an existing 15 inch storm sewer located east of the existing track. To improve the quality of stormwater runoff, the District is proposing to construct underground grit chambers as suggested by Mr. Dale Claridge, engineer for the Shingle Creek Watershed District. The grit chambers will be located immediately downstream of the existing parking lot which is located south of the football/track facility. Design of the chambers will be in accordance with the Pollution Control Agency's "Best Management Practices" guidelines. Lastly, the School District is still working to determine the best location for an on-site ponding area which is scheduled for completion within 0-2 years. Deferment of this and other improvements will require that a performance agreement be entered .into with the City and securities be posted to ensure the timing and completion of specified work. Stormwater and other grading/drainage issues will be subject to review and comment by the City Engineer, and the final plan will be subject to his written approval. Fencing. An eight foot high black coated chain link fence has been proposed around the periphery of the stadium. Since the original plan submission the fence has been relocated to an area immediately .north of the football field. This revision provides for more open space to the north of the stadium for shared neig.hborhood use. It is in compliance with City standards in that it is more than five percent open for passage of air and light, does not exceed eight feet in height and does not encroach into the required front yard building setback area. Landscaping. As required in the City's Zoning Ordinance, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, or other building site requirements, 12 shall be landscaped using ornamental grass, shrubs, trees, or other treatment generally used in landscaping. The proposed vegetative .plantings shown on submitted plans are acceptable with regard to species selection, size, and spacing. All proposed plantings exceed the minimum size required at the time of installation. The Spruce tree species is an excellent screening tree and is able to withstand more dry conditions than some other evergreens. It is estimated that at the time of planting screening will be provided to a height between 10 and 18 feet. Judging from the existing topography as show-non submitted section drawings, this is adequate to buffer the views from adjacent split level and rambler homes. It will take approximately 20 years for the trees to reach a height of 35 to 50 feet (45 to 60 feet as measured from the base of the berm). Additionally, it is recommended that some small shrubs and ground cover species be integrated into the design on berms or at the front of the stadium to add to the visual character on site. Lighting. Any lighting used to illuminate stadium, parking, signs or other site uses must be arranged to deflect light away from adjoining residential uses and from public streets. ~y lights or combinations of lights must not cast light on a public street in excess of one foot candle as measured from the center line of the street. Lights reflecting onto residential property must not exceed four foot candles as measured at or on the adjoining property. While the proposed light poles are to extend a distance of 80 feet into the air as measured from the field surface, the submitted plans indicate a maximum measurement of .85 foot candles at the curb line of Zealand Avenue which is in compliance with the above specified requirements. The lights are to be turned ofl one- half hour after the completion of an event. It has also been indicated that security lighting will be provided to deter trespassers and vandaliSm. The types, sizes and locations of security lights must be indicated on plans and submitted for review by City Staff. Noise. Chapter 9 of the New Hope City Code stipulates the following maximum noise levels permitted by receiving land use districts. Receiving District Day Night (7am-10pm) (10pm-Tam) L10 L50 L10 L50 R-1 65 60 55 50 The School District has indicated that after installation of the public address system adjustments to the decibel level will be made to be in conformance with Pollution Control Agency and City guidelines. The City may require a noise impact statement to be completed if the proposed project is considered to be a potential noise source. 13 Refuse/Storage. Ail materials, equipment, and refuse must be stored within a building or be fully screened so as not to be visible from adjoining properties. The locations of trash receptacles have been indicated on submitted plans and are appropriately placed throughout the site. The receptacles will be emptied the day after the event and trash will be deposited in the School District's central dumpster system off site. In addition, the School District will send a litter control team through nearby neighborhoods after game events and prior to llam the next day. The litter control team will include the following streets: Zealand Avenue North, 49th Avenue North, Virginia Avenue North, and 47th Avenue North. The methods for handling and controlling waste as specified herein are viewed as acceptable in relation to Zoning Ordinance requirements, however, as a condition of approval the Operational Plan should indicate that the School District will also respond to specific littering complaints by property owners outside of the designated areas. Signage. The submitted plans do not indicate whether property identification, directional, or temporary/portable signage will be changed from that which exists or additional signage will be necessary given the increased site usage. While the applicants have indicated that all signage will comply with established provisions, a signage plan must be submitted for review by the City and should be in conformance with Section 3.40 (Signage) of the City Code. Events. The exact number of games and types of activities which will take place on site have been defined as follows: 4 home football games and 7 home soccer games exclusive of post-season competition as well as track meets during the day and the graduation ceremony in the Spring. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. CUP Agreement. Approval of the Conditional Use Permit request made by the School District is inclusive of approval of the Site Management and Operational Plans and shall be part of the Performance Agreement to be entered into between the applicant and the City. As such, the Management/ Operational Plans must be recorded at the County with the required recording of the CUP and any violation of said plans would constitute violation of the CUP. The Performance Agreement must address the issues as outlined herein to the satisfaction of the City. 14 Conclusion Based on the review of City Code requirements and identification of several issues as discussed herein, decision on this request to construct a new high school stadium is a sensitive one. There are positive and negative factors that will exist both with or without the stadium location on the Cooper High School site. In one regard, the schools long time standing in the community and existing site uses very similar in nature to the proposed use may justify granting the request in addition to the limited site usage on a yearly basis and lack of neighbors/activity during off-times. However, there are negative factors which also have to be evaluated in further detail such as compatibility, noise and traffic concerns. It must be proven, either through additional studies, revised design, or other means that the positive factors outweigh the negative ones. While there are typically negative factors associated with any development, the underlying, decision must always be that which affords the greatest benefit to the community as a whole. pc: Dan Donahue Doug Sandstad Steve Sondrall Roy Anderson Whitey Johnson 15 City of New. Hope S~NGLE FAM[Ly RESIDENTIAL SINGLE AND TWO FAMILY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL R-$ HIGH DENSITY RESIDENTIAL SENIOR CITIZEN RESIDENTIAL R-5 RESIDENTIAL OFFICE R-O LIMITED NEIGHBORHOOD BUSINESS 1~-I RETAIL BUSINESS AUTO ORIENTED BUSINESS B'~ COMMUNITY BUSINESS B-4 LIMITED INDUSTRIAL GENERAL INDUSTRIAL ! - FLOOD PLAIN FP WET LAND W 'Associated "~ Consultants, .inc. ~ ~ tliil ~" t ! I ! t 'i '*ills COOPER HIGH IGHOOL ATHLITIG COMPLIX itll I 0 II! ! $OOPIll HIGH I~ItOOL ATHLITIG ~OIPLIX '-t I! ! ! t ! ...... '~ ! I I' t ~ I ! I I ! ~ I i i COOP~ IH IC~ AT~IT~ COM~IX il i ]' }: J. '""Il :' PII' :~:::.:i['~ .::::,:'.: I I ll~,T*r!-*l-l~.l :'I:1~::~;::~1 31 .I Ii i ,: e o .I t '--'l:l::::~:l il i . :la, i'-~ Il: GOOPII~ HiGH 1GHOOL ATHLITIG COMFLIX ['- I COOPIII HI~# ICHOOL ATHLITIC COMPLEX HIGH BCHOOL ATHLETIC 4)OMpmEX July 1, 1994 ANDERSON-JOHNSON ASSOCIATES, -- ~ __ INC. ~ ' - Landscape Architecture · Site Planning · Civil Engineering Mr. Kirk McDonald Management Assistant / Community Development Coordinator City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re; Proposed Football / Track Improvement Cooper High School New Hope, Minnesota Dear Mr. McDonald, We appreciated the oppodunity to again review the project with the Design Review Committee recently and feel that this submittal properly addresses each of the concerns that were voiced at that meeting. We look forward to a productive meeting with the City Planning Commision. If you have any questions or require additional information at this time, please call me. Sincerely, AND~OCIA TES, INC. Daniel L. Johnson,"P.E. DLJ:cjj Enc. CC: James Dahle/lSD No. 281 Whitey Johnson / lSD No. 281 VALLEY SQUARE OFFICE CENTER · SUITE 250 · 7575 GOLDEN VALLEY ROAD · MINNEAPOLIS, MN 55427 PH (612) 544-7129 · FAX (612) 544-0531 INDEPENDENT SCHOOL DISTRICT 281 ~bbiasdale Area ~h~ ~ami~ f~ a i~time ~ ~m~i~ COOPER HIGH SCHOOL ATHLETIC/PHYSICAL EDUCATION COMPLEX MANAGEMENT PLAN June 30, 1994 Complex events at Cooper High School shall be managed according to the following plan: Complex Use The Cooper~High School Athletic/PE complex will not be shared with Armstrong. or Any additiona) special non-schoo) events wi)) require City of New Hope staff approval. The normal night-use of the complex will be four home football games and seven home soccer dates. These eleven contests will end by 9:30 p.m. and are exclusive of any post-season competition. During the Spring there will be track meets during the day and the normal graduation program as scheduled in the past. Li qhti ng The lighting system shall be designed and operated in a manner to prevent reflected glare or spill light to meet the City'Code of one foot candle at the street center line. Lighting is to be turned off within one-half hour after the completion of an event. Sound After installation of the public address system the school distr'ict will adjust the decibal level to comply with Minnesota Pollution Control Agency and City of New Hope. Educational Campaign The School District shall conduct an educational campaign approved by city staff, to advise proper methods of access, parking and behavior for both visiting teams and home/~team students, faculty and parents ification is also addressed i~ T~.~~t_P!)n. . This not R. "Whitey" J~, Project Director Date 4148 Winnetk~ Avenue North New Hope, Minnezota 5542 7 (6121 533-2781 [] FAX ! (6/2) 537-0947 OPEEATIONAL PLAN The following operational plan will be in effect for major complex events including home football contests and graduation: The School District shall manage e~ents so that other substantial visitor events within the campus will not be scheduled at the same time. Trash receptacles are to ~e 16cated throughout the site as shown on the Plans. The receptacles will be emptied the day after a major field activity and the refuse deposited in the School District's central dumpster system. The School District will send a litter control team through nearby neighborhood streets after game events and prior to 11 a.m. of the next day. The litter control team will be District 281 maintenance staff and will include the following streets: Zealand Avenue North; 49th Avenue North; Virginia Avenue North; and 47th Avenue North. Snow storage will bi accomplished at the North bay of Parking Lot "C" and the South end.of Parking Lot "D". An abnormal amount of snow will be' dealt with using trucks to remove the excess. Traffic. The School District will hire off-duty police officers to direct traffic and perform other duties as needed. An annual meeting will be held between school representatives, neighborhood representatives and the Police Chief to determine a mutually agreed-upon number of officers or police reservists if available. The recommended placement of police to help direct traffic after events are: 47th Avenue North and Zealand; 49th Avenue North and Zealand; 47th Avenue North and Virginia and 47th Avenue North and Winnetka. The School District shall install and remove barricades under the direction of the Chief of Police at the locations mentioned in the attached traffic management plan. The barricades will permit local traffic only and advise that no parking is allowed on residential streets during game events. In the event of a need for additional parking; a plan would be put into place to include remote parking at District 281 Administration building with shuttle .bussing and/or overflow parking west of the New Hope Elementary site. For additional traffic information please refer to a management plan which is attached to this report. All signage will meet City ordinances. S ol Dis~r'c~ a ter several Submitted by: -~~ R. "Whitey" :ect Director Graffiti, trespassing and vandalism will be reduced by security lighting, building materials that resist or make easier the removal of graffiti, and an effort by the District to educate students and apprehend possible violators. Plan Review. CitY staff shall have the opportunity to review the management plan with the S( events have occurred. June 30, 1994 TO: FROR: RE: New Hope City Staff School District New Hope Elementary site Improvements The purpose of the following information is to clarify School District 281's position relative to any parking lot or drainage improvements to the New Hope Elementary School site: 1. The New Hope Elementary parking lot will be used for school activities in conjunction with the new Athletic/PE Complex. 2. Upgrading of the parking lot to include a sealcoat and possible curbing is sched~ed as per the 1994 District Facilities Report by September of 1997. 3. Restripi~g of the parking lot would be accomplished before completion of the new Athletic/PE Complex. 4. Attention to any drainage concerns is also scheduled for completion as per the 1994 District District Facilities Report by September, 1997. 5. The District agrees to install a small section of curbing facing 47th Avenue North at the north end of the New Hope Elementary parking lot. 6. The District would like to adhere to the facility report timelines in order to maintain an economic plan which is reasonable and feasible. New Hope Elementar,y Independent School District #281 · Th~ ~¢ ar~a totals 14 acr~ adjacr, nt to Cooper and Higtwi~-w High SchooLs. Near the we.~ entries of tho ~.hooL :hero are s~veral areas of pondia& on bltnmlnous s~Ce~ · The concrctc walks at the cast entrics arc in good ~tpe. Aa ~en~ of all parking lo~s and playground suffac~ was conducIed ~ Inspec, lac. Their ~ndi~s are a~ follows: -The south and west playgroUnd ar~as mu.s~ b~ overlaid; 2~°70.square yards. -8,580 square yards of bi~minotts in thc cast parking lot must b~ gal coate, d. · PlaygroUnd cquipmen~ nee. ds impro~men~s. IssUes 1.. Overlay playground areas. Deferr~ Priority lb Cost $ 17,300 Seal coat thc ca,st parL4ng lot. Deferred Priority 2b Cost $ 15,200 3. Upgrade playground equipmen~ See A~ ~eces_ sibilit7 4. Add a catch basin to solv~ dr~;--g~ problem. Deferred Priortt7 lb Cost Pa~ 316 TRAFFIC MANAGEMENT PLAN COOPER HIGH SCHOOL ATHLETIC FACILITY I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Allan S. Klugman Westwood Professional Services, Inc. 14180 West Trunk High~y 5 Eden Prairie, MN 55344 612/937-5150 REGISTRATION No. DATE Traffic,,~{ events at the Cooper High School Athletic Facility shall be managed according to the following plan: Facility Use Use of the Cooper Athletic Facility without City approval shall be limited to regular school activities and athletic events. City Staff approval shall be required for any use of the facility for non-school related events. Educational Campaigns/Notifications The School District shall conduct an educational campaign, approved by City Staff, to advise proper methods of access and parking for home and visiting teams, students, faculty and parents. Annually, as far in advance as practical, the School District shall provide a schedule of major facility events to each home in the residential area surrounding the school. The notification area shall be as depicted on the attached map. Schedule Coordination The School District shall coordinate events so that substantial visitor events at Cooper High School or the New Hope Elementary School will not be scheduled concurrently with major events at the athletic facility. Operational Management There shall be no parking on residential streets near the athletic complex during major facility events. The no-parking area shall be as depicted on the attached map. One and one-half hours prior to the start of events, School District personnel shall place covers over existing signs that would otherwise allow parking during the major facility events. The covers shall state "No Parking." After the event traffic has cleared, School District personnel shall be responsible for removing the covers. The School District shall use a team of attendants to direct entering vehicles into appropriate parking lot areas and to direct exiting vehicles onto the City streets. The attendants shall wear identifiable, reflective vests. ' If requested, under the direction of the Chief of Police, the School District will install and remove barricades at the entrances of neighborhood streets. Potential barricade locations are listed below: a) b) c) d) e) Aquila Avenue, south of 47th Avenue North' Del Drive, south of 47th Avenue North Utah Avenue, south of 49th Avenue North and north of 47th Avenue Nort~h Virginia Avenue North, south of 49th Avenue North and north of 47th -Avenue North Zealand Avenue North, south of 49th Avenue North and north of 47th Avenue North 48th Avenue North, west of Winnetka Avenue North and east of Virginia Avenue North The barricades will be installed one and one-half hours prior to the start of events. Each barricade will contain a flashing light and a sign stating "Local Traffic Only" and "No Event Parking." Enforcement will include ticketing and towing. Data Collection During the first year of facility operation, for all major events, the School District shall collect attendance (paid and non-paid) and parking lot usage counts. A summary report of the attendance and parking counts shall be submitted for City Staff review. During the first year of facility operation, if requested by the City, the School District will collect intersection turning movement counts for a representative event, at the intersections of Winnetka Avenue North and 49th Avenue North; Winnetka Avenue North and 47th Avenue North; Boone Avenue North and 49th Avenue North; and Boone Avenue North and 47th Avenue North. The traffic counts would be used to determine intersection "level of service." Annual Review of Traffic Management Plan City Staff and the School District shall review the management plan after several events have occurred. Afterwards the plan shall be reviewed annually. The City and School District may amend the plan if traffic operations relative to the athletic facility create impacts not contemplated at the time of adoption of this plan. If crowds to major events consistently do not approach capacity levels, the School District may submit proposed revisions to the plan to reduce or eliminate elements while maintaining proper control of event traffic. JR. HIGH MIELKE: NEW HOPE ELEMENTARY SCHOOL National ;g~hO6l 6f EYcc~ll~n'~-e · .... 8301 47th Avenue North New Hope MN 55428 (612) 533-5301 · FAX (612) 533-3099 June 20, 1994 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. McDonald: I recently was informed of proposed plans to extend 47th Avenue through the Cooper High School parking lot. I further underst~a~nd this plan is being considered to accommodate potential traffic related to athletic events at Cooper High School. I have a number of concerns about this proposal. New Hope Elementary School students who walk to and from school each day would encounter more traffic and possible injury from automobiles driving at a higher speed than happens currently in the parking lot~. Furthermore, our school busses would have to contend with more traffic as they arrive or depart from our school each day. Our school patrol members would be at higher risk for injury as they perform their duties to assist our K-5 students walking to and from school. Finally, our upper grade students who ride bicycles to school would face greater danger from automobiles using the Cooper High School parking lot as a thoroughfare. Please reconsider the proposal and its potential impact on our students and staff. Thank you. Sincerely, Robert d:~'Ziegler, Principal RJZ/b INDEPENDENT SCHOOL DISTRICT 281 Robbinsdale Area Schools Leaming $or a lifetime of growing COOPER HIGH SCHOOL Response to New Hope Staff Review Refer to Planning Report Dated June 3, 1994. 1. The School District will make eveYy effort to comply with all conditional use permit criteria as outlined in City's recommendations dated June 3, 1994. 2. A minimum of 625 parking spaces are provided on site in conformance with City standards excluding dead end parking, narrow lanes, and those impacted by light poles. In actuality 638 units are being provided as shown on Site Plan. Snow storage will be accomplished at the north bay of Parking Lot "C" and the south end of Parking Lot "D" and these areas are designated on the Site Plan. e Additional screening has been provided in the large median area at the west end of the parking lot. This will be accomplished by constructing an attractive earth mound and the placement of overstory trees. A 'scree~ fence presently exists at the back lot line of Dell Drive residences for the full length of the Elementary School parking lot. Further detail to the south end of the lot will be addressed with plantings when the entire parking lot project is completed by September, 1997. If, after the first year of operation, bus parking space proves to be inadequate, two additional spaces can be provided as shown on the revised Plan. These additional spaces do not use designated spaces which are intended for use during varsity football games and other events. Traffic control measures will be utilized by the School District to minimize impacts on neighboring properties. A separate Traffic Management Plan is attached herewith. 7. Refer to attached letter regarding extension of 47th Avenue. 8. The Grading Plan, as submitted, indicates no slopes greater than 3:1. Most slopes are to be 4:1 or flatter. 10. The Grading and Drainage Plan continues to be studied in an effort to develop an effective and prudent means of addressing storm water management. A Field Lighting Plan has been submitted. A light level computer printout also has been submitted indicating that the light levels are well in conformance with the City requirements. 11. The sound system design and operation shall meet the requirements of the Minnesota Pollution Control Agency and the City of New Hope. Trash receptacles are to be located throughout the site as shown on Plans. The receptacles will be emptied the day after a major field activity and the refuse deposited in the School District's central dumpster system. 1:3. 14. 15. 16. Collection of trash, which may occur off-site, will be collected by School District personnel the day after a major field activity. All signage will meet City Ordinances. Traffic control measures will be~tilized by the School District to minimize impacts on neighboring properties. A separate Traffic Management Plan is attached herewith. The intended number of games and types of activities which will take place on the site are indicated and attached herewith. The Cooper High School athletic facility will not be shared with Armstrong or any other school on a regular basis except for scheduled program events. Special additional events will be reviewed with the City. Recommendation With the sale of Mielke Field the school district has limited site choices for the establishment of an athletic complex that will serve the Cooper High School students. In evaluating the school districts request for a CUP, the City must consider the benefits of having a quality athletic facility for the students as well as the New HOpe residents. The educational and recreational opportunities must, however, be weighed against the land use issues that are presented by the site. Based on the review of City Code requirements as discussed herein, the proposed stadium complex has several outstanding issues associated with it which are unique to the City and sensitive to existing surrounding area property owners. At the forefront are compatibility, noise, and visual concerns in addition to traffic and parking considerations. It is for these reasons that we do not make recommendation on this matter, but rather leave it as a policy decision to be decided by the Planning Commission and City Council. Should the City decide to approve the 'request, it is recommended that the following conditions be included as part of the Conditional Use Permit. 1) .The project is found to comply with all Conditional Use Permit criteria as outlined herein. 2) A minimum of 625 parking spaces are provided on site in conformance with City standards, exclusive of dead-end parking, narrow drive lanes, and those spaces impacted by light poles. 3) Snow storage areas and parking lot grades are indicated on revised plans. 4) Additional screening is provided in the large median area at the west end of the parking lot and along the south/east side adjacent to Dell Drive and the residential area. 5) If, after the first year of operation, bus parking space prove~ ~O be inadequate, additional spaces are provided to accommodate them. In the event this becomes necessary, the submittedplans should be revised to show where the additional bus parking could be constructed. Buses shall be prohibited from using car parking spaces during varsity football games and other events which are at or near capacity. Additional study is given to the effect traffic will have on the surrounding area local streets to the satisfaction of the City Council.. 7) 8) City decision on the potential extension of 47th Avenue is determined prior to approvalOf the school district CUP, so as not to crea~e a parking shortage or place unnecessary burdens upon the school district to relocate parking in future years. Ail slopes in excess of 1:1~ are planted with materials other than turf andsuch slope protection measures are indicated on revised site plans. ' 9) The grading and drainage plan is reviewed by and subject to the approval of the City Engineer. Any lighting used on site is arranged so as not to reflect onto adjacent property. A Noise Impact Statement is submitted if required by the City to further address related concerns. 12) The location of trash receptacles on site and the ability of refuse trucks to collect rubbish must be indicated on revised plans, Additionally, the school district will be considered responsible for the collection of trash in surrOUnding areas off-site after events, thus the means by which this will occur should be indicated. 15) All signage which may be desired or necessary on site is reviewed and subject to the approval of the City. Traffic control measures are utilized by the school district to minimize impacts on neigD~oring properties pursuant to that deemed necessary by the City. The exact number of games and types of activities which will take place on site are defined by the school district and incorporated as a condition herein. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. 16) The Cooper High School athletic facility is not shared with Armstrong or any other school on a regular basis. Special events my be approved by the City. Issues Analysis- Zoning. The school property is currently zoned R-l, Single Family Residential. A Conditional Use Permit is required to locate a public/educational building within the district. The proposed use must meet the following criteria as Outlined under Section 4.054 of the City Zoning ordinance in order to be approved as a conditional use. U R B A P L N G D E S N · M A R K E R E S E A R P'"~ TO: FROM: DATE: RE: FILE NO: Kirk McDonald Alan Brixius 21 June 1994 New Hope - Cooper High School Site 131.01 94.13 We believe that ISD 281 should submit a detailed facility operation plan that specifically addreSses the following issues: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Traffic control plan/parking plan Proof of parking plan if lot capacity is exceeded Bus parking description proof of parking Shift shot put area further north Address engineer's comments Student clean up detail of site and neighborhood of events Limitations on events, formal approval of additional events No shared facilities Parking lot improvements paving/curbing/stripin~ Understory shrubs and ground cover to accent the berms Landscaping at west end of parking area, while, maintaining traffic visibility triangle at entrance Noise abatement measures Measures to reduce graffiti, trespassing, vandalism 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 CITY OF NEW HOPE June 21 st Meeting RE: COOPER ATHLETIC FIELD ISSUES City Code Issues Responding in writing as to how the plan meets the following Zoning Code criteria: 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. Compatibility_. The proposed use is compatible with its adjacent land uses. performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so the existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. o Engineering Issues Traffic Recommendations The Traffic Management Plan as submitted shall be enforced with one addition. Item No. 4 shall also include monitoring the four major intersections 47th and 49th Avenue at Winnetka and Boone Avenue). Special attention shall be given to 47th Avenue west of Winnetka Avenue where a permanent right mm lane may be required for east bound traffic going south onto Winnetka Avenue. In the event permanent improvements are required at any of these intersections, it is recommended the School District assist in the cost of these improvements. -1- A detailed intersection layout has not been provided for the entrances from New Hope Elementary School Parking Lot and Cooper High School Parking Lot onto 47th Avenue. It is recommended the layout be provided Cooper High School, on a daily basis, is served by residential streets constructed to residential standards (street width, right-of-width, street section). The daily traffic counts on 47th Avenue east of the school and 49th Avenue at Winnetka Avenue and Boone Avenue are clearly higher than residential streets constructed to residential standards can accommodate. The City of New Hope, the residents in the neighborhood, and School District No. 281 hopefully can work together to accomplish as much as possible when street improvements are considered in this area. The impact from traffic for football games with a capacity crowd is substantial for a short time, however, the daily impact Cooper High School has on the immediate streets in this area is a major concern. It is recommended the School District work with the City and assist in the cost of street improvements considered in this area. Drainage Recommendation Ao Shingle Creek Watershed has not reviewed the plan for conformance. It is recommended the plan be submitted to Shingle Creek Watershed and comply with their requirements. Bo Hydraulic calculations shall be submitted for the detention basin to determine its efficiency. Modifications to the existing storm sewer system may be required based on the results of the calculations. The parking lot improvements at New Hope Elementary School shall include storm sewer extensions from 461/2 Avenue and Xylon Avenue including storm water retention/detention. In addition, water quality improvements shall be inclUded in accordance with Shingle Creek Watershed. Do The storm sewer/grading improvements required immediately north of Cooper located east of the expanded parking lot are not shown. It is recommended the improvements in this area be identified (curbs, grades, storm sewers, etc.). Eo The southwesterly comer of the New Hope Elementary School site does not have adequate drainage. It is recommended drainage improvements for this area be considered as part of the improvements for the New Hope Elementary School parking lot. Site Improvements Site improvements in the existing parking area are shown and comply with City requirements (parking stall widths/lengths and driving aisle widths). Concrete curbs and curb medians are shown defining parking lanes and driving aisles. The grading plan provides for constructing a berm to hide the visitor bleacher~ Substantial grading is also -2- proposed north of the football field to accommodate the discus area. Site Improvement ReCommendations All slopes intended to be maintained and planted with landscape shall be no steeper than 4:1. The area beneath the home and visitor bleachers shall be reviewed to determine if paving is required. It is not clear whether the area beneath the home bleachers will be fenced to prevent foot traffic beyond the storage building. Co Sanitary sewer and water services are not shown to either concession or storage building. Utility services shall be constructed in accordance with City standards including proper water meters, backflow preventor for irrigation, etc. Do The hydrant located north of the discus area due to grading must be raised. The need for a hydrant and water main in this area shall be reviewed. It is not clear whether the new curb construction in parking area will accommodate a bituminous overlay or seal coat. Due to the new curb construction, much of the existing bituminous pavement will have to be removed to provide proper grades. It is recommended a bituminous overlay be constructed in all parking areas including stripping. The drive aisle width in front of the concession area is identified as 24 feet wide. Due to the congestion in this area, it is suggested this driving aisle be 28 feet wide to allow temporary parallel parking (school bus, delivery, etc.) and still allow two-way through traffic. The wider drive aisle will also align better with the drive aisle in front of the main school. Building Official recommendation that parking lot island design be revised to allow for turning of busses as shown on "attachment B." Address in writing how assorted nuisances will be addressed. Team rivalries can result in disputes and loud activities during evening hours. Trespass, graffiti and vandalism are possible at night with 2,000 people getting excited. Trash, littering incidents are guaranteed with a stadium. The ability and willingness of the School District to provide adequate staff and volunteer supervision and clean-up is a major unknown. The School District has verbally addressed how some of these issues will be handled, but there should be a written plan. If there is graffiti sprayed on the new stadium, what will be the procedure for having it removed? Bo Many of the residents complain of garbage that comes from the school. How will garbage be addressed? Will a "garbage brigade" made up of students clean up neighbors yards? How will District 281 enforce such clean up procedures? -3- 5. Parking Issues A~ currently some parking stalls are not the required size. address, this situation? B. Will motorcycle and/or bicycle parking be available? Co How will District 281 Where will additional bus parking be placed if, after the first year of operation, it is found to be necessary? Eo The parking lot to the north of Cooper High School is a dead-end area and has an inadequate driveway dimension. How will District 281 address that situation? The District has indicated that off-site parking areas or shuttles may be used. Where are the sites located/is there a written plan? Traffic Control Issues District 281 mentioned putting "Local Traffic Only" signs up after football games. Where would those be placed and who would put them up? Who will District 281 designate to direct traffic? Is there a verbal or written agreement with the New Hope Police Department? Lighting How many 80 foot light poles will there be and can they be drawn on an elevation? Planning Consultant Original Recommendations A minimum of 625 parking spaces are provided on site in conformance with City standards, exclusive of dead-end parking, narrow drive lanes, and those spaces impacted by light poles. B. Snow storage areas and parking lot grades are indicated on revised plans. Additional screening is provided in the large median area at the west end of the parking lot and along the south/east side adjacent to Dell Drive and the residential area. If, after the first year of operation, bus parking space proves to be inadequate, additional spaces are provided to accommodate them. In the event this becomes necessary, the submitted plans should be revised to show where the additional bus parking could be constructed. Busses shall be prohibited from using car parking spaces during varsity football games and other events which are at or near capacity. Do -4- 10. 11. 12. A Noise Impact Statement is submitted if required by the City to further address related concerns. Fo The location of trash receptacles on site and the ability of refuse trucks to collect rubbish must be indicated on revised plans. Additionally, the School District will be considered responsible for the collection of trash in surrounding areas off-site after events, thus the means by which this will occur should be indicated. Go All signage which may be desired or necessary on site is reviewed and subject to the approval of the City. The exact number of games and types of activities which will take place on site are defined by the School District and incorporated as a condition herein. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. The Cooper High School athletic facility is not shared with Armstrong or any other school on a regular basis. Special events may be approved by the City. Armstrong Complex Submit proof to City that School District is pursuing application process in Plymouth (copy of plans/application) and keep New Hope posted on progress and schedule of approvals in Plymouth. Refuse/Storage All materials, equipment, and refuse must be stored within a building or be fully screened so as not to be visible from adjoining properties. The locations of trash receptacles and the ability of refuse trucks to collect such must be indicated on submitted plans. Signage The submitted plans do not indicate whether property identification, directional, or temporary/portable signage will be changed from that which exists or additional signage will be necessary given the increased site usage. A signage plan must be submitted for review by the City and should be in conformance with Section 3,40 (Signage) of the City Code. Events The exact number of games and types of activities which will take place on site must be defined by the School District and incorporated as a condition herein. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. -5- 13. Planning Commission Issues Co D. E. F. New Hope Elementary drainage problems. Firm commitment needed for after event traffic control ("no parking" signs on residential streets/barricade residential streets). Double use of site if Armstrong denied. Trash and littering/clean-up after games. Extension of berm. More coniferous landscaping on 49th Avenue. Enclosures: Planner's Report Engineer's Letter June 7th Planning Commission Minutes -6- 06/30/1934 06:34 5440531 A.SA ASSOC., INC. June 29, 1994 ANDERSON-JOHNSON ASSOCIATES, ~ INC. L,andtc~e Architecture · Sit~ Ptanm'ng · Civil Engineering Mr. Dale Claridge Shingle Creek Watershed Management Commission c/o Montgomery Watson 545 Indian Mound Wayzata, MN 55391 Re: Cooper High School Athletic ComPlex New Hope, Minnesota Dear Mr. Claridge, Pursuam to your instruction, I am forwarding this letter to apply for a variance regarding Shingle Creek Watershed District's (SWCD's) regulations pertaining to stormwater management. It has been suggested by the City and yourself that, regardless of proposed construction limits, the mandated treatment of stormwater runoff regulations apply to the entire site. Generally, SWCD's criteria involves construction of a ponding area, or areas, sized to store the runoff from a 2-inch rainfall event based on a fully developed site. Further, ponding areas are required to provide minimum permanent pool depths of 2 feet. It is our opinion that it is not financially, nor practically, feasible to require this site to strictly comply with this criteria. Our concerns are as follows: The area of the High School site is approximately 36 acres, whereas the area of proposed construction (grading limits) is only 11 acres. It would not be practical to collect and route stormwater runoff from the overall site to a central facility. Obviously, the School District is very concerned about public safety as it would relate to a permanent pond of water within the confines of a school site. Programmatically, the School District can not afford the loss of land associated with a "wet" treatment pond. A Surface Water Management Plan (SWMP), dated February 7, 1994, was prepared for' the City of New Hope by Bonestroo, Rosene, Anderlik & Associates. The SWMP (not yet adopted by the City), recommends construction of a regional "Stormwater and Sediment" type pond (SC-P6.12), 1.40 acres in size (at high water level) on the New Hope High School site. This "regional" pond is proposed to be located directly north of the proposed running track. VALLEy SQUARE OFFICE CENTER . SUITE 250 - 7575 GOLDEN VALLEY ROAD . MINNEAPOLIS, MN 55427 PH (612) 544-7129 · FAX (612) 544-053'1 06/30/1994 06:34 5440531 ~J~ ~,SSEtC., ]'NC. PP~GE L~3 June 29, 1994 Cooper High School Athletic Complex New Hope, Minnesota Page 2 Please refer to the attached exhibit drawings noting the School District's proposed "dry" pOnd vs. the City's proposed "wet" pond. 1SD No. 281 is proposing to treat the stormwater runoff resulting from the immediate project limits, an area of 11 acres. In lieu of SCWD's standard requirements, treatment will consist of construction of three grit chambers, strategically located along the existing storm sewer alignment. The grit chambers are designed to exceed the design parameters for Oil/Grit Separators as detailed by MPCA's manual titled "Best Management Practices for Minnesota". Also, the School District is proposing to construct an Extended Detention Basin, "dry" pond, for the purpose of controlling the rate of stormwater runoff fi.om the proposed facility. It is our opinion that, given the existing constraints and ongoing utilization of the high school site, a variance should be granted for this project. ISD No. 281 feels that stormwater management is significant concern and, as such, is willing to make a reasonable cash dedication to cover its prorata share of the construction of a regional stormwater pond to be located outside the limits of school property. If you have any questions, please call me. Sincerely, ANDERSON-JOIINSON ASSOCIATES, INC. Daniel L. . . DLJ/scb Attachments 10 $C7.2, LUTt'~ERAN · . 56"rt.~ i~ N' AJA ASSOC., INC. 'COMPANY SC-P4.10 AVF ,~ .J 4gTIt AVF' 'N.. ',. 06/30/1994 06:~4 AJA ASSOC., INC. / / AVEN "i SO-A421 0 38/I 994 86:34 5~48531 ,,.r -'~i;. / AJA ASSOC. ~. INC. 922 O6., x, AJA ASSOC., INC. F-~!~DED D~CNTtON a~]a~i '"~. DRY POND - / ' ANDERSON-JOHNSON ASSOCIATES, INC. Landscal3e Architecture · Site Planning · Civil Engineering DESIGN REPORT DATE: PROJECT: June 30, 1994 COOPER HIGH SCHOOL AJA Comm. No. 94061 BY: David A. Rey, AJA, inc. AREA OF PARKING LOT ~ DRAINAGE AREA -SOUTH END 220 feet wide x 420 feet long = 92400 sq. ff. + 240 feet wide x 400 feet long = 96000 sq. ft. ACREAGE 188400 sq. ft. / 43560 sq. ft. / acre = 188400 sq. ft. = 4.3 acre TOTAL VOLUME REQUIRED 400 sq. ff. / acre of drainage ,V. OLUME OF EACH TANK 1720 cu. f. / 2 TANKS x 4.3 acre = 1720 cu. ff. = 860 cu. ft. / TANK .TANK CAPACITIE; CREST 6000 CREST 7500 CREST 10500 = 837 cu. ft. STORAGE / TANK = 1023 cu. ft. STORAGE / TANK =1200 cu. ff. STORAGE / TANK (not applicable) DECISION use two Crest 10500 tanks at the south end of the site. Inlet D~t~ili oo'~',,, I ~:;~:~-L,,~:,el, OO1/Z, Ock 004/004-~ oo~., /~1,~ %,1 ~J ~ s,, Joint ~ ' Invert ~ Joint line 2n MH ck Pipe _line_ 4,000 Min, ps:}. ~t 28 drays.Concrete Strenght 224- _ ,~.__._______ PROPOSED GRIT CHAMBER DETAILI SIZE CODE Internal 07-08-2994 ~2:33 6&2 636 2322 BONESTRO0 & ASSC. Bonestmo Rosene Anderlik & Associates Engineers & Architects July 8, 1994 P, 04 Mr. Kirk McDonald City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: Cooper High School Football Field Our File No. ~4 Gen Dear Kirk: Independent School District 281 has re-submitted plans and memos responding to iMues/concems raised by staff and discussed at the June 7, 1994 Planning Commission Meeting. Response to engineering concerns based on the submitted information is as follows: Tramc/PsrMn_ The school district has provided a written "Traffic Management Plan" stating they will comply with the requirements of the City to direct and maintain traffic, Details based on prev/ous discussions are included. Improvements to the New Hope Elementary School parking lot are not included. It's stated parking lot improvements will come by September 1997. Improvements being considered include a seal coat and poss]~ole curbing. It's also stated a small section of curbing will be constructed in 47th Avenue at this time. Details are not provided where the curb improvements are to be located. The Shingle Creek Watershed reviewed the plan as submitted at its July 7, 1994 meeting. Details for the inlet/outlet structure in the detention basin, the impact/expectations of the detention basin, the three grit chambers, drainage at New Hope Elementary School, regional ponding for water quality, and conditions for the variance from water quality standards were discussed. The condition of the detention basin was discussed at length. It was stated its condition during wet periods may not meet the expectations of the school district and nearby residents. It was stated a wet pond in accordance with New Hope's Draft Comprehensive Storm Sewer Plan or a cash contribution to a regional water quality pond would be more desirable. The on-going maintenance associated with the 2335 V/est Highway -36 * St. P~ul, MN 55113 · 612-6;6-4~X) ' 07-08-i994 i2:34 6i2 638 i3ii BONESTRO0 & ASSC. P.05 ' Mr. Kirk McDonald City of ~Vew Hop~ Page -2- grit chambers and the detention basin/outlet structure were also discussed. It was pointed out the on-going maintenance for these facilities will be much greater than a wet pond. The Commission tabled action until its August meeting because the information needed to prepare a variance request was not submitted to allow time to prepare the request. The variance is required because requirements associated with water quality are not being met. Drainage improvem, ents for New Hope Elementary School are not included. ,It's stated these dratnagu improvemems will come by September 1997. Specific xmprovements are not discussed. slt~ Site improvements discussed in our June 2, 1994 letter have been addressed, with the exception of Items e and f. Item · recommended all existing bituminous areas b.e resurfaced (bituminous overlay, not seal coat), while Item f suggested the drive aisle in front of the concession area be 28' ~vide, not 24' wide. Conclusion The drainage plan shall comply with requirements of the Shingle Creek Watershed, including all conditions included with the variance. The impact of a dry detention basin versus a wet water quality pond or a cash dedication towards a regional water quality pond should be reviewed further by the school district. Parking !or and drm_'~age improvements for New Hop,? Elementary School shall be specifically identified in writing at this time ~f the improvements are allowed to be delayed until 1997. If you have any questions, please contact this office. Yours very truly, Mark A. Hanaon MAH:pr Planning Case: 94-14 CITY OF NEW HOPE PLANNING CASE REPORT Request: Request for Conditional Use Permit Amendment and Site/Building Plan Review/Approval to Allow Expansion of School Uses in an R-1 Zoning District Location: 8230 47th Avenue North PID No: 07-118-21 41 0001 Zoning: R-1 Petitioner: Report Date: Meeting Date: Independent School District No. 281 (Cooper High School) May 31, 1994 june 7, 1994 BACKGROUND The petitioner is requesting a conditional use permit amendment and site/building plan review/approval to allow expansion of school uses in an R-1 Zoning District, pursuant to Section 4.054 of the New Hope Zoning Code. Robbinsdale School District No. 281 is submitting an application for approval of upgrading the Cooper High School football, soccer, and track complex. This complex is currently utilized for physical education classes, as well as for numerous athletic activities. The upgrading includes the installation of a new football/soccer field with an eight lane track surrounding the playing area; along with new long-jump, high-jump, pole-vault, shot-put and discus facilities. Also included in the proposal are new bleachers with a press box, field lights, storage, and concession/ticket booth/restroom facilities. School facilities are allowed as a conditional use in the R-1 ZOning District and a conditional use permit was granted in 1963 for the construction of the school. An amendment to the existing conditional use permit and site/building plan review/approval is required to upgrade the athletic facility. The School District states in their application that the facility upgrade brings Cooper High School up to standards with other Classic Lake Conference schools and ultimately gives all students an opportunity to coach at a facility that will increase participation, school spirit, and develop a sense of individual and school pride. The School District states that attention has been given to many details to help accomplish an awareness of concern for everyone involved in this project. Some of these details include the following: A. Completion of a professional traffic study/analysis of the area. B. Placement of the home bleachers on the east side of the field with the smaller visitors bleachers on the west side. Planning Case Report 94-14 M~iy 31, 1994 Page 2 Do Fo A sound speaker system mounted on the west side of the field facing Cooper High School and directed away from Zealand Avenue North. A proposed lighting system to meet the code of one foot candle over flow onto adjacent residential properties. Bleachers that will be self-enclosed not allowing trash to drop to the ground With placement of receptacles near the bleachers and concession stands. Landscaping and earth berms designed to soften the area and conceal any structure from Zealand Avenue North. The upgraded complex will be used for physical education classes and athletic events. The new field will improve the areas currently used for physical education and will replace Mielke Field which was used for athletic events. The proposed site at Robbinsdale Cooper is the area west of the school near Zealand Avenue. This area is currently used for athletic practices and physical education. The district has allocated $2 million for upgrading fields at both high schools -- $1.65 million from the sale of Mielke Field and the remainder from the district's capital outlay budget. The district hopes to have the complexes ready for the beginning for the 1995-96 school year. Arrangements have been made for both schools' football, soccer and track teams to use facilities in other Classic Lake school districts for the 1994-95 school year. The plans for the complex include the following: mo B. C. D. E. F. G. Ho Eight-lane running track. Football/soccer field inside the track. Home bleachers seating 2,000 people and visitor bleachers seating 500. Sound system directed to the east. Lighting system using four light poles. Self-enclosed bleachers. Landscaping and earth berms to make the area more attractive and conceal the complexes from adjoining property. A service building which will include a concession stand, restrooms and ticket sales. Storage facilities under home bleachers for field and physical education equipment. High-jump, long-jump, pole-vault, discus and shot-put areas located around the outside perimeter of the track. Scoreboard located outside of the track at one end of the complex. Eight-foot chain-link fence around the perimeter of the complex. Planning Case Report 94-14 )May 31, 1994 Page 3 o The property is zoned R-1 Single Family ReSidential and the 36 acre Cooper High School site is surrounded by R-1 single family homes on all sides. City staff have met with the School District on several occasions to give input on the plans and the Design & Review Committee met with the petitioners on May 19th. Revised plans and a revised traffic study were submitted as a result of the meeting. The School District has also conducted neighborhood meetings with residents who reside near Cooper High School. 10. Property owners within 350' of the request have been notified. ANALYSIS Public, Educational, and Religious Buildings. (Public or semi-public recreational buildings and neighborhood or community centers; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, and synagogues) are allowed by conditional use in the R-1 Zoning District provided that: Ao Side Yards. Side yards shall be double that required for the district, but no greater than 30 feet. Parking. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use and that such parking is adequately screened and landscaped from surrounding and abutting residential uses. Co Off-Street Loading. Adequate off-street loading and service entrances are provided and regulated where applicable by City Code. 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. Planning Case Report 94-14 May 31, 1994 Page 4 o Other general criteria to be considered when determining whether to approve of deny a conditional use permit include: mo 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. Do Compatibility. The proposed use is compatible with its adjacent land uses. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria speCified for the various zoning districts: 1. In Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so the existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The Planning Consultant has prepared a report on this CUP amendment request (attached) so please refer to it for detailed explanations, as City staff concurs with the comments and recommendations in that report. o Revised plans were submitted subsequent to the Design & Review meeting which included the following changes: A. The traffic report was revised. Bo The parking lot and drive aisle layouts have been revised to comply with City standards. C. A lighting diagram was submitted which exceeds City standard. Planning Case Report 94-14 ./May 31, 1994 Page 5 Do Tree types were revised per the request of the City Forester. Also, tree sizes were uniformly increased in response to buffering concerns voiced by the City staff. Eo An additional service door was provided at the northeast end of the proposed under- bleacher storage building. Fo To improve the quality of stormwater runoff, underground grit chambers were proposed as suggested by the Shingle Creek Watershed District. The grit chambers will be located immediately downstream of the existing parking lot located south of the football/track facility. Design of the chambers will be in accordance with "best management practices" as published by the Minnesota Pollution Control Agency. Also, an extended detention basin (dry pond) will be provided at the northeast comer of the complex. G. Erosion control, in the form of silt fencing,' was shown on the Drawings. Ho A site line (cross-section) was added to the plans, running in a southeasterly direction towards the northwest comer of the track. Also, the house types (i.e. rambler, split level, etc.) were added to the plan in response to the concern regarding the view of the complex from an upper level of a two-story home. The District stated that they recognized the stormwater drainage concern south of the Elementary School and will deal with the issue appropriately. 6. The City Engineer has reviewed the revised plans and has made the following comments: Traffic Recommendations The Traffic Management Plan as submitted shall be enforced with one addition. Item No. 4 shah also include monitoring the four major intersections 47th and 49th Avenue at Winnetka and Boone Avenue). Special attention shall be given to 47th Avenue west of Winnetka Avenue where a permanent right turn lane may be required for east bound traffic going south onto Winnetka Avenue. In the event permanent improvements are required at any of these intersections, it is recommended the School District assist in the cost of these improvements. A detailed intersection layout has not been provided for the entrance~ from New Hope Elementary School Parking Lot and Cooper High School Parking Lot onto 47th Avenue. It is recommended the layout be provided. Co Cooper High School, on a daily basis, is served by residential streets constructed to residential standards (street width, right-of-width, street section). The daily traffic counts on 47th Avenue east of the school and 49th Avenue at Winnetka Avenue and Planning Case Report 94-14 May 31, 1994 Page 6 Boone Avenue are clearly higher than residential streets constructed to residential standards can accommodate. The City of New Hope, the residents in the neighborhood, and School District No. 281 hopefully can work together to accomplish as much as possible when street improvements are considered in this area. The impact from traffic for football games with a capacity crowd is substantial for a short time, however, the daily impact Cooper High School has on the immediate streets in this area is a major concern. It is recommended the School District work with the City and assist in the cost of street improvements considered in this area. Drainage Recommendation Ao Shingle Creek Watershed has not reviewed the plan for conformance. It is recommended the plan be submitted to Shingle Creek Watershed and comply with their requirements. Hydraulic calculations shall be submitted for the detention basin to determine its efficiency. Modifications to the existing storm sewer system may be required based on the results of the calculations, r Co The parking lot improvements at New Hope Elementary School shall include storm sewer extensions from 461/2 Avenue and Xylon Avenue including storm water retention/detention. In addition, water quality improvements shall be included in accordance with Shingle Creek Watershed. Do The storm sewer/grading improvements required immediately north of Cooper located east of the expanded parking lot are not shown. It is recommended the improvements in this area be identified (curbs, grades, storm sewers, etc.). Eo The southwesterly corner of the New Hope Elementary School site does not have adequate drainage. It is recommended drainage improvements for this area be considered as part of the improvements for the New Hope Elementary School parking lot. Site Improvements Site improvements in the existing parking area are shown and complY with City requirements (parking stall widths/lengths and driving aisle widths). Concrete curbs and curb medians are shown defining parking lanes and driving aisles. The grading plan provides for constructing a berm to hide the visitor bleacher. Substantial grading is also proposed north of the football field to accommodate the discus area. Planning Case Report 94-14 May 31, 1994 Page 7 Site Improvement Recommendations Ao· All slopes intended to be maintained and planted with landscape shall be no steeper than 4:1. B° The area beneath the home and visitor bleachers shall be reviewed to determine if paving is required. It is not clear whether the area beneath thc home bleachers will be fenced to prevent foot traffic beyond thc storage building. Co Sanitary sewer and water services are not shown to either concession or storage building. Utility services shall be constructed in accordance with City standards including proper water meters, backflow preventor for irrigation, etc. The hydrant located north of the discus area due to grading must be raised. The need for a hydrant and water main in this area shall be reviewed. It is not clear whether the new curb construction in parking area will accommodate a bituminous overlay or seal coat. Due to the new curb construction, much of the existing bituminous pavement will have to be removed to provide proper grades. It is recommended a bituminous overlay be constructed in all parking areas including stripping. Fo The drive aisle width in front of the concession area is identified as 24 feet wide. Due to the congestion in this area, it is suggested this driving aisle be 28 feet wide to allow temporary parallel parking (school bus, delivery, etc.) and still allow two- way through traffic. The wider drive aisle will also align better with the drive aisle in front of the main school. o Staff finds that the School District has made a number of revisions to the physical plans of the site, per the staff's request, however, staff feels that there are still a number of issues that need to be addressed, including: A. Comments/recommendations from Northwest Consultants report. B. Comments/recommendations from City Engineer. Police concerns persist about vehicle and pedestrian safety and other nuisance-related calls requiring staff time. D° Building Official recommendation that parking lot island design be revised to allow for turning of busses as shown on "attachment B." Planning Case Report 9.4-14 May 31, 1994 Page 8 Conditional Use Permit standards: Ordinance 4.21 directly relates a CUP to the nature of adjoining land and buildings, traffic effects, and other matters that can alter the "general welfare, public health and safety." Clearly, the proposal adds a new high intensity public nighttime and weekend use within a stable, fully developed low- density residential area. Staff rely heavily on the public's comments in a case, such as this, for the perceptions and beliefs about all of the resulting impacts. Comprehensive Plan conflicts: "Land Use Goals" and "Land Use Policies" (pages 10 and 11), "Residential Goals" and "Residential Policies" (pages 12, 13, and 14), "Transportation Goals" and "Transportation Policies" (pages 19, 20, 21, 22 and 23), "Community Facilities" (pages 24, 25, and 26). A new stadium would be directed onto "collector-level" streets, as defined in the official transportation plan. Only one adjacent roadway, 49th Avenue, is so classified. All other adjacent streets are "local," in contradiction to the stated goals and policies. A principle thrust of the Comprehensive Plan is "PROTECT RESIDENTIAL NEIGHBORHOODS FROM PENETRATION BY THROUGH TRAFFIC." With 30 percent of the proposed 830 vehicles for a peak event approaching the neighborhood from Boone Avenue, there will be bypass or "through traffic" shortcuts resulting on 46th, Del Drive and Aquilla Avenue. Assorted Nuisances resulting from the intensified use. It is very hard to predict the frequency and variety of these. Each may be similar to daytime mischief that now occurs near Cooper. Team rivalries can result in disputes and loud activities during evening hours. Trespass, graffiti and vandalism are possible at night with 2,000 people getting excited. Trash, littering incidents are guaranteed with a stadium. The ability and willingness of the school district to provide adequate staff and volunteer supervision and clean-up is a major unknown. Tall pole-mounted light glare and noise complaints will result. Staff would condense all of the issues and controversies into one question: "Is it possible to introduce an expanded, intensified evening use with 2,500 people, lights, bands, traffic, noise and littering, loitering and all, into a 30 year old single family neighborhood with no direct access to a collector level street while "protecting residential neighborhoods from through traffic penetration," "preserving the general welfare, public health and safety" and assuring investors in the area that the use will NOT "tend to or actually depreciate the area." Public input is extremely valuable in considering this request, recognizing the positive values that the stadium will certainly provide. Planning Case Report 94-14 ,'May 31, 1994 Page 9 RECOMMENDATION With the sale of Mielke Field, the School District has limited site choices for the establishment of an athletic complex that will serve the Cooper High School students. In evaluating the School District's request for a CUP, the City must consider the benefits of having a quality athletic facility for the students as well as the New Hope residents. The educational and recreational opportunities must, however, be weighed against the land use issues that are presented by the site. Based on the review' of City Code requirements, the proposed stadium complex has outstanding issues associated with it which are unique to the City and sensitive to existing surrounding area property owners. At the forefront are compatibility, noise, and visual concerns in addition to traffic and parking considerations. It is for these reasons that staff leaves it as a policy decision to be decided by the Planning Commission and City Council. Based on the review of City Code requirements and identification of several issues as discussed herein, decision on this request to construct a new high school stadium is a sensitive one. There are positive and negative factors that will exist both with or without the stadium location on the Cooper High School site. In one regard, the schools long time standing in the community and existing site uses very similar in nature to the proposed use may justify granting the request in addition to the limited site usage on a yearly basis and lack of neighbors/activity during off-times. However, there are negative factors which also have to be evaluated in further detail such as compatibility, noise and traffic concerns. It must be proven, either through additional studies, revised design, or other means that the positive factors outweigh the negative ones. While there are typically negative factors associated with any development, the underlying decision must always be that which affords the greatest benefit to the community as a whole. Attachments: Planning Consultant's Report Zoning/Topo Maps City Engineer Comments Site Plan and Notes Grading/Drainage Plan Landscape Plan Landscape Schedule Field Lighting Plan Building Elevations Sections Lighting Plans 5/27/94 Petitioner Letter re: Revised Plans 5/26/94 Revised Traffic Analysis 5/12/94 Original Traffic Analysis 7/20/93 Facility Improvement Study 11/19/93 Staff Correspondence 5/18/94 Parent Advisory Board Letter Neighborhood Meeting Information Attachment B Attachment CP Northwest Associated U R B A N P L A N N I NG · DES I G N Consultants, inc. M A R K E T R E S E A R ~"~ PLANNING REPORT TO: FROM: DATE: RE: FILE: Kirk McDonald Elizabeth Stockman / Alan Brixius 3 June 1994 New Hope Cooper High School Athletic Complex 131.01 - 94.13 Background School District 281 has submitted plans for construction of an athletic complex on the Cooper High School property, located at the intersections of Zealand and 49th Avenues North in the City.' The property is zoned R-I, Single'Family Residential which requires that a Conditional Use Permit be obtained because of its association with the school as a public/educational structure. The two existing high schools, Cooper and Armstrong, currently share' an athletic facility which is located off-site. The recent sale of Mielke Field mandates the relocation of the athletic complexes. The School District is requesting approval of this project as well as a similar one in the City of Plymouth, so that equal facilities, recreation opportunities and time are available to both schools. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Grading and Drainage Exhibit D - Landscaping Plan Exhibit E - Floor Plans/Elevations Exhibit F - Lighting Plan Exhibit G - Section Drawings 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 Recommendation With the sale of Mielke Field the school district has limited site choices for the establishment of an athletic complex that will serve the Cooper High School students. In evaluating the school districts request for a CUP, the City must consider the benefits of having a quality athletic facility for the students as well as the New Hope residents. The educational and recreational opportunities must, however, be weighed against the land use issues that are presented by the site. Based on the review of City Code requirements as discussed herein, the prOposed stadium complex has several outstanding issues asSociated with it which are unique to the City and sensitive to existing surrounding area property owners. At the forefront are compatibility, noise, and visual concerns in addition to traffic and parking considerations. It is for these reasons that we do not make recommendation on this matter, but rather leave it as a policy decision to be decided by the Planning Commission and City Council. Should the City decide to approve the request, it is recommended that the following conditions be included as part of the Conditional Use Permit. 1) The project is found to comply with all Conditional Use Permit criteria as outlined herein. 2) A minimum of 625 parking spaces are provided on site in conformance with City standards, exclusive of dead-end parking, narrow drive lanes, and those spaces impacted by light poles. 3) Snow storage areas and parking lot grades are indicated on revised plans. 4) Additional screening is provided in the large median area at the west end of the parking lot and along the south/east side adjacent to Dell Drive and the residential area. 5) If, after the first year of operation, bus parking space proves to. be inadequate, additional spaces are provided to accommodate them. In the event this becomes necessary, the submitted plans should be revised to show where the additional bus parking could be constructed. Buses shall be prohibited from using car parking spaces during varsity football games and other events which are at or near capacity. 6) Additional study is given to the effect traffic will have on the surrounding area local streets to the satisfaction of the City Council. 2 7) City decision on the potential extension of 47th Avenue is determined prior to approval of the school district CUP, so as not to create a parking shortage or place unnecessary burdens upon the school district to relocate parking in future years. 8) 9) Ail slopes in excess of 1:1~ are planted with materials other than turf and such slope protection measures are indicated on revised site plans. The grading and drainage plan is reviewed by and subject to the approval of the City Engineer. zo) Any lighting used on site is arranged so as not to reflect onto adjacent property. 11) ~A Noise Impact Statement is submitted if required by the City to further address related concerns. 12) The location of trash receptacles on site and the ability of refuse trucks to collect rubbish must be indicated on revised plans. Additionally, the school district will be considered responsible for the collection of trash in surrounding areas off-site after events, thus the means by which this will occur should be indicated. Z3) Ail signage which may be desired or necessary on site is reviewed and subject to the approval of the City. Traffic control measures are utilized by the school district to minimize impacts on neighboring properties pursuant to that deemed necessary by the City. is) The exact number of games and types of activities which will take place on site are defined by the school district and incorporated as a condition herein. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. 16) The Cooper High School athletic facility is not shared with Armstrong or any other school on a regular basis. Special events may be approved by the City. Issues Analysis Zoning. The school property is currently zoned R-i, Single Family Residential. A Conditional Use Permit is required to locate a public/educational building within the district. The proposed use must meet the following criteria as outlined under Section 4.054 of the City Zoning Ordinance in order to be approved as a conditional use. 3 1) Side Yards. Side yards shall be double that required for the district, but no greater than 30 feet. The propose~ side yard setback from the rear of the visitor bleachers to the property line is 50 feet, thus exceeding the minimum 30 feet required. 2) Parkinq. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 4.036 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.033(4). Based on the ratio of one parking space for every 4 seats, 625 spaces will be necessary to accommodate the expected crowds and includes 25 spaces for handicapped usage. As indicated in subsequent sections of this report, however, there are only 596 acceptable parking spaces on site, as the 33 dead-end stalls and the 10 others encroached upon by light poles will not be counted. It is likely that revisions to submitted plans would be able to make provisions for an additional 43 stalls which are in compliance with City standards. 3) Off-Street Loadinq. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 4.037. The proposed locations of service gates and access points are considered to be satisfactory, but will also be subject to review and comment by the City Engineer and Building Official. Ail existing loading areas have been maintained appropriately. Conditlonal Use Permit Review Criteria. The Planning Commission and City Council will consider the possible adverse effects of the proposed conditional use and in determining whether to approve or deny a Conditional Use Permit, they must find that: 1) 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. The New Hope Comprehensive Land Use Plan identifies the school district site for public and semi-public land uses. While the athletic facility falls into this land use category as an accessory use, the Comprehensive Plan does not specifically address this type of land use activity for the high school si re. 4 The Cooper High School is located in Planning District 13 as defined in the New Hope Comprehensive Plan. This district is characterized by totally developed single family residential sub-neighborhoods inter-connected by a large concentration of school and church uses. Traffic generation experienced in this district has been greater than that traditionally found in single family neighborhoods. The following development policies are applicable to the proposed stadium: a) b) c) d) e) f) Preserve and protect property values. Relate land use development to transportation needs, desired development as identified in the Community Development Plan and community priorities. Ensure that intensification of land use activity and development is accompanied by sufficient corresponding increases in related supportive and service facilities. Protect low density residential neighborhoods from encroachment or intrusion of incompatible higher use types and by adequate buffering and separation from other use categories. Plan transportation facilities to function in a manner compatible with adjacent land use. Ensure that the expansion of existing development includes adequate off-street parking. The introduction of the high school athletic facility must be evaluated in relation to the residential character of the area and the aforementioned planning policies. 2) Compatibility. land uses. The proposed use is compatible with adjacent The high school si te i s surrounded by single family neighborhoods. The site is accessible via local streets. The introduction of an athletic facility raises compatibility issues with regard to site appearance, traffic, noise, lighting, and evening events. The school district has attempted to minimize the impacts of the complex through site design features, extensive screening, and parking lot improvements. Additionally, the school district has indicated that the new activities being added to the site are limited to varsity football, and girls and boys varsity soccer. To limit the impact of the facility on adjacent neighborhoods, the school district expressed a willingness to limit the number of events. A more detailed evaluation of the site design and land use concerns is provided in subsequent sections of this report. 5 3) 4) 5) 6) Performance Standards. The proposed use conforms with all applicable performance standards contained in this code. In subsequent sections of this report, detailed review of site plans has been provided and outlines compliance with applicable zoning regulations. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. While the introduction of the athletic complex to the high school site will influence the character of the adjacent residential properties, it will not be the sole determining factor in decreased property values (assuming this is possible). The individual likes and dislikes of a residence, neighborhood, and City are typically the determining factors for persons buying homes. T_Se County Assessor supports this statement and has stated that they do not place values on homes based on the existence of this type of use, but rather the buying and selling patterns of similar homes. The positive factors of living across from this type of use include the lack of homes/neighbors, proximity to recreational opportunities, and open/quiet space during off-times. Zoninq District Criteria. In addition to the above referenced criteria, the proposed CUP meets the'criteria specified in the R-1 zoning district. Ail criteria outlined under the R-1 District for conditional uses have been met as discussed above under "Zoning". In residential districts: a) Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. Traffic from the existing high school parking lot is channeled onto Zealand and 47th Avenues which are both local streets. While parking for the proposed stadium will be utilizing the same ingress and egress points as those which currently exist, the stadium will likely create a greater concentration of vehicles at one time and at a time period spanning the evening rather than daytime hours. b) The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. The School District has proposed an extensive screen utilizing berms and vegetative material along Zealand Avenue which will be subject to review by the City in terms of acceptability and the stadium structure meets all required setbacks. c) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The proposed stadium represents a high quality design and is consistent with the style/materials of the existing high school building. Setbacks. The following setbacks are applicable to the proposed development. Front Yard (47th Avenue) Side Yard (Zealand Avenue) Rear Yard (49th Avenue) 30 feet 30 feet 35 feet The proposed stadium is setback greater distances on all three sides than the minimum required. The setback from Zealand Avenue is 50 feet, from 47th Avenue is 220+ feet, and from 49th Avenue is 330+ feet. Vehicle Parking. The existing number of parking stalls on site at the current time totals 552. The breakdown for this is as follows: 381 spaces on the high school site +167 spaces on the elementary school site + 6 reserved spaces 10 spaces impacted by light poles 12 spaces lost due to the new design 552 total spaces which exist The City previously indicated to the School District that the existing stalls do not meet code requirements. Thus, the plans reflect a revised parking lot layout with an increase in the total number of stalls, parking spaces and drive aisle widths at the appropriate sizes, and improved intersections. The following breakdown reflects the proposed parking quantities as shown on attached plans: 342 on high school site after changes +153 on elementary school site after changes +144 in new lot to north of building !0 spaces impacted by light poles 33 dead-end spaces on the north/east side of building 59'6 acceptable spaces as shown on submitted plans 7 The current City parking standard indicates that a minimum of one space per 8 seats should be provided, however, this number is considered to be outdated and it will be necessary for the applicant and City to come to an agreement on the minimum number of spaces that should be provided. The traffic analysis which was prepared by Westwood Professional Services, Inc. dated 26 May 1994, utilizes a 1:4 ratio, thus necessitating a total of 625 parking stalls. As a reference, other sources were checked to compare this proposed standard. Specifically, research by Westwood indicated that the cities of Brooklyn Park, Mankato, Plymouth, and Prior Lake also use this ratio and the American Planning Association (1991, PAS Report 432) supports a ratio of one space per 3 to 5 seats, as varies between cities surveyed. Based on this data, it is expected that one parking space for every 4 seats will be able to accommodate the expected crowds. This necessitates a total of 625 parking spaces, including 25 for handicapped usage. As indicated previously, however, there are only 596 acceptable parking spaces on. site, as the 33 dead-end stalls and the 10 others encroached upon by light poles will not be counted. It is likely that revisions to submitted plans would be able to make provisions for an additional 43 stalls which are in compliance with City standards. There are 26 handicapped parking stalls on site which exceeds the 25 required. Other factors related to parking on-site which must be clarified prior to approval of submitted plans.include designation of the areas where snow is to be stored, indication of the grade of the parking area (which must not exceed 5 percent), indication that all parking areas will be surrounded by a perimeter curb, paved, and striped. Additionally, the City Code requires that parking areas be screened and landscaped from view of surrounding area properties. Thus, it is recommended that supplementary plantings be required in the large median area on the west end of the parking lot and along the south/east side where residents access their homes via Dell Drive. A final issue related to parking is the design of the new parking area to the north of the existing building. While the dead-end parking arrangement for 33 spaces has already been highlighted as an undesirable arrangement for traffic movement and congestion reasons, the drive aisle width in this location is also insufficient at a width of 20 feet rather than the 24 feet which is required. Additionally, the drive aisle width between the two northern-most rows of parking measures only 20 feet, while the drive lane north of this point is not necessary. It is possible to redesign these areas to be in compliance with City standards. Bus Parking. Two designated bus parking spaces have been indicated on submitted plans which measure 13 x 40 as is required. While the applicants feel that two bus parking spaces is adequate, it is recommended as ~ precautionary measure to include a proof of parking clause which would require the provision~ of additional spaces if it is deemed necessary during varsity football games after evaluation of the first year of operation. It is mandatory that buses do not utilize vehicle parking areas. Traffic Generation. The proposed stadium has a total seating capacity of 2500 persons and an estimated maximum vehicle count of 625 per varsity football game (the activity with the most attendance). As indicated previously, these vehicles must utilize 47th and Zealand Avenues to access'the major thoroughfares of 49th Avenue and Winnetka Avenue. While this is in opposition to the intent of the CUP criteria, the existing high school parking facility currently accommodates similar levels of traffic which use the same streets to exit the site but the number of vehicles leaving after games would most likely be within a shorter, more intense time period. The traffic study indicated that the intersections of Winnetka at 47th. and 49th as well as the intersections of Boone at 47th and 49th are able to accommodate the levels of traffic anticipated on game nights. Ample consideration was not, however, given to the effect that traffic will have on surrounding area local streets. It was indicated that an additional 95 vehicles would utilize Virginia Avenue north of 47th Avenue and an additional 50 vehicles would traverse Zealand Avenue, but others were not specifically addressed. The school district indicated a willingness to utilize additional signage, persons, or any other traffic control measures to ensure that the effect upon neighboring properties is kept to a minimum. 47th Avenue Extension. The City Code requires that all buildings be placed so that they will not obstruct future streets which may be constructed by the City according to the system and standards employed by the City. While the proposed stadium will not hinder the potential future connection of 47th Avenue, the parking area would be significantly impacted. If the extension were to occur, curvature of the road would be necessary to by-pass the elementary school building. It is suspected that limited area exists on the high school or adjacent sites for establishment of off-street parking areas, thus the extension of 47th Avenue would create a distinct shortage of parking with little, if any, on-site space available for it's replacement. Grading and Drainage. A grading and drainage plan has been submitted, as required under Section 4.032 (4). The berm which has been proposed along the west side of the stadium measures 8 to 10 feet in height and has a maximum slope of 33 percent. The Zoning Ordinance prohibits turf slopes in excess of 1:1~. As is recommended in subsequent sections of this report, shrubs and/or ground covers may be better suited for the steepest sloped areas 9 and may also add to the visual quality on site. Whatever the approved means, slope protection measures should be indicated and if this area is to be seeded, it is recommended that erosion control blankets or other methods be incorporated and specified on submitted plans. The plans will be subject to review and comment by the City Engineer, and the final plan will be subject to his written approval. Fencing. An eight foot high black coated chain link fence has been proposed around the periphery of the stadium. It is in compliance with City standards in that it is more than five percent open for passage of air and light, does not exceed eight feet in height and does not encroach into the required front yard building setback area. Landscaping. As required in the City's Zoning Ordinance, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveways, or other building site requirements, shall be landscaped using ornamental grass shrubs, trees, or other treatment generally used in landscaping. The proposed vegetative plantings shown on submitted plans are acceptable with regard to species selection, size, and spacing. All proposed plantings exceed the minimum size required at the time of installation. The Austrian Pines and Spruce trees are both excellent screening trees and are able to withstand more dry conditions than some other evergreens. It is estimated that at the time of planting screening will be provided to a height between 10 and 18 feet. Judging from the existing topography as shown on submitted section drawings, this is adequate to buffer the views from adjacent split level and rambler homes. It will take approximately 20 years for the trees to reach a height of 35 to 50 feet (45 to 60 feet as measured from the base of the berm). It is recommended that some small shrubs and ground cover species be integrated into the design on berms or at the front of the stadium to add to the visual character on site. Additionally, as has been suggested in previous sections of this report, increased screening would also be desirable to better buffer the parking lots adjacent to residential areas. Lighting. Any lighting used to illuminate stadium, parking, signs or other site uses must be arranged to deflect light away from adjoining residential uses and from public streets. Any lights or combinations of lights must not cast light on a public street in excess of one foot candle as measured from the center line of the street. Lights reflecting onto residential property must not exceed four foot candles as measured at or on the adjoining property. While the proposed light poles are to extend a distance of 80 feet into the air as measured from the field surface, the submitted plans indicate a maximum measurement of .85 foot candles at the curb line of Zealand Avenue which is in compliance with the above specified requirements. 10 Noise. Chapter 9 of the New Hope City Code stipulates the following maximum noise levels permitted by receiving land use districts. Receivinq District Day Night (7am-10pm) (10pm-7am) L10 L5Q L10 L50 R-1 65 60 55 50 The City may require a noise impact statement to be completed if the proposed project is considered to be a potential noise source. Refuse/Storage. Ail materials, equipment, and refuse must be stored within a building or be fully screened so as not to be visible from adjoining properties. The locations of trash receptacles and the ability of refuse trucks to collect such must be indicated on submitted plans. Signage. The submitted plans do not indicate whether property identification, directional, or temporary/portable signage will be changed from that which exists or additional signage will be necessary given the increased site usage. A signage plan must be submitted for review by the City and should be in conformance with Section 3.40 (Signage) of the City Code. Events. The exact number of games and types of activities which will take place on site must be defined by the school district and incorporated as a condition herein. Any activity above and beyond that which is initially approved by the City will require further consultation and formal approval by the City Council. Conclusion Based on the review of City Code requirements and identification of several issues as discussed herein, decision on this request to construct a new high school stadium is a sensitive one. There are positive and negative factors that will exist both with or without the stadium location on the Cooper High School site. In one regard, the schools long time standing in the community and existing site uses very similar in nature to the proposed use may justify granting the request in addition to the limited site usage on a yearly basis and lack of neighbors/activity during off-times. However, there are negative factors which also have to be evaluated in further detail such as compatibility, noise and traffic concerns. It must be proven, either through additional studies, revised design, or other means that the positive factors Outweigh the negative ones. ~nile there are typically negative factors 11 associated with any development, the underlying decision must always be that which affords the greatest benefit to the community as a whole. pc: Dan Donahue Doug Sandstad Steve Sondrall 12 CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: July 1, 1994 Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Miscellaneous Issues 1. June 13th City Council Meeting - At the June 13th Council meeting the City Council took the following action on planning cases and other related issues: Planning Case 94-02 - Final Plat of J.R. Jones Addition, 3216 Winnetka Avenue North: Approved an extension on the filing of the Final Plat until October 31st, per the petitioner's request, due to the fact that it would create an economic burden to the property owner to pay the second half of the 1994 property taxes five months in advance. Awarded Contract for House Rehabilitation at 7109 62nd Avenue North - The City acquired this vacant HUD home with a MHFA grant and will rehabilitate this summer and sell to a low/moderate income family. Planning Case 94-05 - Collins Electrical Systems, Inc., CUP for Outdoor Storage at 4990 Highway 169: Accepted a ponding easement, which was a condition of approval for the CUP. Planning Case 93-25 - Final Plat of Carol James Addition, 7109 62nd Avenue North: Approved, subject to a minor legal description modification to the plat. Planning Case 94-15 - Preliminary Plat and Variance from Right-of-way Width Requirement for Kimball Addition, 8901 36th Avenue North: Approved, subject to conditions as recommended by the Planning Commission. Fo Planning Case 94-17 - Rezoning from I-1, Limited Industrial, Zoning District to R-I, Single Family Residential, Zoning District, 3043 Louisiana Avenue North (Kranz): Approved, but the ordinance rezoning the property will not be published until a building permit is issued and construction started. Go Planning Case 94-10/Ordinance No. 94-09 - Rezoning from R-l, Single Family Residential, to R-2, Single and Two-Family Residential, 5009 Winnetlm Avenue North: Approved and the ordinance rezoning the property will not be published until construction is started. Purchase of 6073 Louisiana Avenue North - The Council approved the purchase of the vacant (rear portion) of the Carol James property at 62nd and Louisiana Avenue. ,The property will be replatted/combined with the rear portion of the adjacem City-owned property at 7109 62nd Avenue North to create a new residential lot (see attachments). The plat will be presented to the Commission later this summer. June 27th City Council Meeting - At the June 27th Council meeting, the City Council took the following action on Planning cases and other related issues: Resolution Awarding Contract for Removal of Debris and Garage at 5009 Winnetka to Prepare Site for Future Construction - The house was burned on June 19th by the Fire Department and the Council awarded this site preparation contract to Thomas Contracting in the amount of $4,050. Bo Resolution Ordering Construction of Retaining Wall Improvements - The public hearing for retaining wall improvements was conducted and the Council authorized the preparation of plans and specifications for 28 walls in the City (see attachments). Co Planning Case 94-15 - Final Plat of Kimball Addition, 8901 36th Avenue North: Approved, as all requirements of the City Engineer and Watershed District have been met. Do Resolution Authorizing Preparation and Approval of Plans and Specifications and Ordering Advertisement for Bids for Phase II of City Hall Remodelin~ - This deals with the remodeling of interior office space and is expected to start this fall (see attached plans). Eo Listing Agreement with Thorpe Bros., Inc. to Market Ci~-Owned Property at 7300 42nd Avenue North - Approved, now that the gasoline contaminated soil is cleaned up the City wants to solicit quality developmem proposals for the property at the northwest intersection of 42nd and Nevada Avenues. We will be surveying/platting the property later this summer. Public Works Site Improvements and Salt Storaee Buildine - This project is now under construction and I would encourage you to drive past the site when you have time. Repainting of 42nd Avenue Railroad Bridge - This project is curently underway - see attached project bulletin. 42nd Avenue Landscaping/Maintenance Project underway - see attached project bulletin. This project is also currently SuperAmerica Development Agreement - This agreemem has been executed by SuperAmerica and returned to the City with the appropriate financial guarantee, therefore, construction can proceed. Gethsemane Cemetel3,~ Article - You might enjoy reading this article from the Catholic Bulletin on the Gethsemane Cemetery project. Outdoor Storage and Front Yard Parkin_~ - Due to the number of planning cases, housing and engineering projects this month, staff has not had time to schedule another meeting with the Codes & Standards Committee on the outdoor storage and front yard parking issues, however, the Planning Consultant and Building Official are consolidating their ideas and a committee meeting will be scheduled later this summer or early fall (neither issue needs immediate attention). Planning Commission Applications - Applicants to serve on the Planning Commission are still being sought.. If you know of anyone that is interested, please have them contact Sayne Ferry, City Manager's Secretary, at 531-1111. We have received five applications to date and it is anticipated that the City Council will interview and make an appointment in August or September. Attachments: J.R. Jones Plat 7109 62nd Avenue Rehab Collins Electrical Systems Purchase of Carol James Property Thomas Contracting Bid Retaining Wall Improvements City Hall Remodeling - Phase II Thorpe Bros., Inc. Listing Agreement 42nd Avenue RR Bridge Project Bulletin 42nd Avenue Landscape Project Bulletin SuperAmerica Development Agreement Gethsemane Cemetery Article COUNCIL RE~LrF~T FOR ACTION Approved for Agenda Agenda Section Consent ) 6-13-94 Item No. Originating Department City Manager Kirk McDonald Management Assistant RESOLUTION EXTENDING RECORDING PERIOD FOR J.R. JONES FINAL PLAT J.R. Jones has request~ an extension on the filing of their Final Plat due to the fact that it would be a hardship for them to have to pay the full year's property taxes so far in advance. The enclosed resolution extends the recording period for the Final Plat of J.R. Jones Addition until October 31, 1994. Staff'recommends approval of the resolution. MOTION BY ' SECONDBY RFA-O01 JUN-02-94 THU 15:23 ?,02/03 CORRICK/~ ~ONDRALL, P.A. ATTOR3~'E¥$ AT LAW Edinburgh Executive Office Plaza 8525 Ed/nbrook Crossing $u/te #203 lSL'uoklyii Pm'k, Mh~ac~ota 55443 FAX (61a) June 2, 1994 Mr. Kirk McOonatd Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE; Reoordtn9 Final Plat of J.R. Jones Subdivision Our Ftle NO, 99.15038 Dear Kirk: PursUant to our dune 1, 1994 telephone conversation p]ease 11nd enolosod & propoled Resolution extending the recording Oeriod for the ftnal plat of the J.R. Jones Subdivision. Contact me if you have any qLJestions. Very truly yours, St even A. Sondra11 sit Enclosure OantlT ,J'. Oonahue- JUN-02-94 THU 15:24 P, 03/03 RESOLIJTTON NO. 94- ~ESOLUT[ON EXTENDINQ RECORDING FOR J.R. JONES FINAL PLAT BE IT RESOLVED by the City Council of the City of New Hope as followe: 1. That the City Council hereby finds it would be a hardship to require literal compliance with New Hoo9 ~ods g13.032(3). 2. Thersfore~ ~he C~ty Council hereby extends the filing period for the J.R. ,Jones f~nal plat to October 31, 1994 and further determines that the final plat shalllbe considered void per New HoDs Code §13.032 If not recorded with the HenneDtn, County Recorder on or before October 31, 199&. Dated the day of , lgg4. _) AtteSt: Valerie Leone, City Clerk Edw. d. Ertckson~ Mayor May27, 1994 M E:$SE:RLI & KRAMrR P.A. AT'roIIIINley$ AT LAW I~00 FIFTH STIRG'WT ISO SOUTH FIFTH MINNEAPOLIS, MI N N E:$OTA (6~2) FACSIMILE: (612) 672-3698 Mr. IOrk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Plnnnlng Case NO. 94-02 J.R, Jones Addition Dear Mr. McDonald: I have been advised that pursuant to Minn. Stat. §505.04, in order to record the mylar with the Hennepin County Recorder's office for the J.P~ Jones Addition, the Company will be required to pay 'all 1994 taxes. This would require J.l~ Jones Fixture Company to pay its second half taxes five months in advance. In order to avoid this economic burden, I would like to request that the City Council approve extending the 100-day requirement to allow the recording of the mylar in October when J.R. Jones' second half taxes become due. Your assistance in this matter would be greatly appreciated. Please contact me to discuss whether a formal request needs to be submitted to the City Council and in what form. Very truly yours, cc: Robert Jones JWL~,~:79049_I COUN( REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager 6-13-94 Consent Sarah Bellefuil /iI) ItemNo. By:. By:~// 6.10 / · RESOLUTION AWARDING CONTRACT FOR HOUSE REHABILITATION AT 7109 62ND AVENUE NORTH, IMPROVEMENT PROJECT NO. 511 On May 23rd the City Council approved Plans and Specifications for Rehabilitation of Property at 7109 62nd Avenue North. Bids were opened on June 3rd and staff is requesting that the Council consider the award for the bid: at the June 13th Council meeting. This project is one of the City's scattered site housing projects and is being funded with MHFA and CDBG funds. This vacant HUD home was purchased last fall with MHFA grant funds and the rehabilitation Will be financed with .' CDBG funds. The rehabilitation work will include new exterior siding, roof replacement, replacement of windows, installation of a driveway, interior painting, well sealing and upgrades to the electrical and heating systems. It is the staffs goal to have the rehabilitation work completed this summer and sell the home through the first time home buyer program before the end of the year. The City reCeived one bid for this project from Flag Builders, Inc., for $23,635. Soffit and facia replacement were inadvertently omitted from the specs; therefore, these items will be added by a change order. The total price will still be s'ubstantiall¥ lower that staff's original estimate of $30,500. Staff re~mmend$ approval of the enclosed resolution awarding the contract to Flag Builders,. Inc. MOTION BY SECOND BY TO: Revl~: Admin~tration: Finance: CITY OF NEW HOPE SPECIFICATIONS FOR HOUSE RESTORATION AT 7109 62ND AVENI~ NORTH NEW HOPE, MINNESOTA The City of N,~v Holm is s~king quot~ on th~ following repairs needed on a city-owned home at 7109 62nd Avenue North. Pleas~ contact $~an Coon~, General b~spector, at 531-$124 for access to the home and for specific information resardin8 tl~ repairs. GENERAL 3. 4. 5. 6. 7. It is th~ intmt to ~ th~ subject property to a usable condition. ~ it is ~ m remov~ and replace aa it~n, the replacement item should bo equal in quality, size and function to th~ r~plar~ it~n when new. ' Ail comra~rs ~ l~v~ a Stat~ Resick'ntial Contractor's License. C~ and sulxx~ractors will submit evidenc~ of msum~ covera~ and workers Contractor shall obma a buildi~ permit and necessary sub-conua~ or minor contra,m from the City of New Hop~; Th~ City of New Hope will iequire normal iml~:tiom durins co~miction. Colot~, ~ and ~ to bo decided upon by tbo City. Th~ Cit~ ~ th~ risi~ to d~l~ any portion of th~ work from th~ foilowi~ without ~g tl~ quo~d ~s of th~ r~maim~ work before or durins th~ constru~ion du~ to budsetary 1. R~:~ugggisfi~ ~ ~ m ~ color us~ ~ or ~ ~ Sl~*~i~ W',m,,~ Sutmps~ in whit~ or near whim. Do 2. fiSslM[~~~, dimensions 30"widex30'deep. 3. Instslln~ Knnnmu w,,.sber and dryer, to fit tisht spa~e. Bathroom i~xtur~ ~d ~umblee 1. R~mov~ and r~pl~:~ ~ sink, cabinet vanity. 2. l~-p~ f~ures shall bo Kohler, American Standard or equal. Widen sink 3. Fauc~"ts shall bo Mom. 4. Reconnect all plumbing. Livlnm r~mn tad Bedroom 1. Provid~ and install catpeti~ in tbe livin~ room, haflway, and both bedrooms. 2. Ca~"tin~ ~ be Exquisit~ as ~ by World. 3. Cazpe6.'n~_ .shall have 1/2 inch, 8 pound pad. 4, Color to be ~:id~d upon by the City. 1. Get aflidivit firom state-licensed water well contractor. 1. Remove sido rails and pan, lin8 fi'om bedrooms. 2. Remove p~ from livin8 room and hallway. 3. Rernove walllMl~' from all rooms. 4. Prhne walls for painttnf. 6. Interior pain~ shaft be Sherwin Williams Superpaint. Color .shall be espheil white. 1. Repaint ~ in ~ ~. Crawl Soace Ventilation 1..Rnneveallexln~ ~ from 8arase and house. 2. "Ril~lmdnlmim'atmi bom'da and nail down loose boards prior to remvin~ _ 3. Price to nma, sidin[ aoplieatimt, install Tyvek or equal weather bamor malmiai as requited by local code requirements. 4. Install flashin& oyez heads and below sills of openinss and elsewbete as required to provide a watertight wall. 5. Sidin8 and trim ~ shall be economy grade Alside, Alcoa, or equal and be with a ~'s warranty. Thc warranty shall be given to owner up~ purchase of th~ property. 6. Color to be ~ or near whim. t Lo Oo Windows 1. Remov~'all windows. 2. New wind~ to be Anderson "Narrowline" double hung to match existing rough openings (clad). One window in each bedroom must meet egress requirements-pea' the building code. The new windows shaU include a storm/screen window. 3. Installation shall be complete with hardware, lockset and flashing. 4. Insmlln6on will comply with manufacturer's specifications. Iloo- 1. Remov~ and repla~ front and rear exterior doors (2'$" x 6'8'3 and metal storm doors. Doors shall be Nord, Peachtree or equal. House Roof 1. Rmmv~ roofcoverin8 and felt and inspect. Replace roofsheathins, ifneed~ with 1/2 inch 4' x 8' Oxbeard (thickness to match). 2. Install fmu' (4) new 8" plastic fixed attic vents. 3. Repla~ roofcov~ with 15 pound felt, Ice & Water Shield per cod~, and 215 pound shinsles. Shin~les should be GAF asphalt/fiberglass and b~ medium to dark gray in color. 1. L~y3'asphMt~y. Driveway must be 10' wide. 1. Install upt~a~ ~n~=t~red teumaco in the deepened central p~rt of tl~ 'crawl spao~ and inst~ warm and cold air ducts throughout. ,fi/O" 1. Brin8 electric system up to cod~ and eliminate electric heat to all rooms. 2. Remove wiring and baseboard heaters. 3. Install hard-wired smol~ detector to hall c¢ilm$. Signature of iadi~ PLEASE RETURN QUOTES BY FRIDAY, JUNE 3, 1994, TO: Sarah Beilefuil 4401 Xylon Avenue North New Hope, MN 55425 Th~ quot~ will b~ coasid~ by the m~w Hop~ City Council at the Monday, June 13, 1994 Council rn~-ti~. All work ~ to be compl~ by ~'uly 31, 1994. The loweat ~ible bidder will be expected to enter into a comra~ with the City to ensure r~ completiza of the work in a timely manner. Payment will be made by the City upon acceptance of thc quality and completim of all the work. COUNC~ REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager 6-13-94 Consent Item No. By:Dan Oonahue By': 6.9 RESOLUTION ACCEPTING PONDING EASEMENT AT 4990 HIGHWAY 169 Planning Case 94-05 was approved on March 14, 1994. One condition of the CUP for Collins Electrical Systems was that the City receive a ponding easement from the property owners to preserve a wetlands area. The property owner has signed the easement document (exhibit A) The resolution accepts the easement by the City. Staff recommends approval. MOTION BY SECOND BY TO: Review: A~Imini.stration: Finance: RFA-O01 ~ YAA~rlN P. M~ WILLIAM C. S'TPlAIT CORRICK ~ SONDRALL, P.A. Arro~mys AT Law Edinburgh Executive Office Plaza 8525 Edtnbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 FAX (612) 425-58~? ~A¥ONNE ~ KESKE ~. SHARON D. OERBY May 31, 1994 Daniel J. Oonahue City Manager City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Ponding Easement Our File No. 99.29405 Dear Dan: In March the Council approved a conditional use permit for Collins ASsociates - Minneapolis involving the old Standard Iron Works property. The CUP was contingent upon the City receiving a ponding easement from the property owners to preserve a wetlands area located on the property. The City hired a surveyor to supply a legal description for the ponding easement, and that description has been incorporated in the easement documents. The easement has been signed by the property owner and the enclosed resolution accepts the easement by the City. Please contact me if you have any questions. Sincerely, Martin P. M~?eGha~ s3t ';~ Enclosure · cc: Kirk McDonald (w/enc) Valerie Leone'(w/enc) Steven A. Sondra11, Esq. RESOLUTION NO. 94- RESOLUTION ACCEPTING PONDING EASEMENT AT 4990 HIGHWAY 169 WHEREAS, on March 14, 1994, the New Hope City Council approved a request for a conditional use permit for outdoor storage by Co]]ins E]ectrica] Systems, Inc., submitted as Planning Case No. 94-05, involving property known as 4990 Highway 169 in the City of New Hope, and WHEREAS, a conditional use permit was granted conditioned upon the property owner, Collins Associates - Minneapolis, a genera] partnership, providing the City of New Hope with a ponding and utility easement over a portion of the property, and WHEREAS, said easement has been Provided by Co]]ins Associates - Minneapolis, and now requires acceptance by this Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as l. That a certain easement for construction and maintenance of public improvements from Co]]ins Associates - Minneapolis, a genera] partnership, to the City of New Hope, a Minnesota municipal corporation, for a ponding and utility easement, which easement is attached hereto as Exhibit A and incorporated by referenced, has been provided to the City. That said easement involves certain covenants and agreements on the part of the City. That acceptance of said easement is necessary for the successful maintenance and preservation, of a-pond~ng area. 2. It. is hereby found and determined th'at this Counci 1 accel~t$-the attache~.Eaaement for Construction and Maintenance of Public Iml~rovementr 1'rom"Co, Sins Associates - Minneapolis, a genera] part nershi~l~. .... Da1 day of , 1994. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT 'THIS INDENTURE, executed on the day of 1994, between COLLINS ASSOCIATES - MINNEAPOLIS, a General Partnership (herein "First Party") and the CITY OF NEW HOPE a Minnesota municipal corporation (herein "City"). ' WHEREAS, First Party is the fee owner of rea] property located in Hennepin County, Minnesota, legally described as (herein "ProPerty"): That part of Outlot B, O~son Industrial Park, embraced within the West 907.50 feet of the Southwest ~ of the Northwest [ of Section 7, Township 118, Range 21, except the North 60 feet thereof, lying east of Hi]lsboro Avenue, Files of Registrar of Titles, County of Henna,in, State of Minnesota, and That part of Outlot 8, Olson Industrial Park, 3ying easterly of the Westerly 907.50 feet of the Northwest ~ of Section 7', Township 118, Range 21, except the North 60 feet thereof, according to the recorded p3at thereof, and situate in' Hennepin County, Minnesota, and WHEREAS, the City wishes to obtain a ponding and utility _~asement over, under and across a portion of said Property, WZTNESSETH; That'ths First Party in consideration of the sum of One Oo]]ar ($t.OO) and other good and valuable consideration to it tn hand~ p&~d by the City, tl3e receipt of which is hereby acknow3edgs~ doss hereby grant, bargain and convey unto the said Ctty~ its'~ccsssors~ and assigns, forever, a permanent easement over, u d~end;, across the easement tract described below, including ~'an~:.free right and authority to enter upon and make such use o~ th'~'s&td easement tract as ~s reasonably necessary and advtsab]e tn the construction, maintenance and operation of a water pond and public utilities. The permanent easement herein granted for water pondtng and public utility purposes is situated over, under and across a tract of land (the easement tract) located in Hennepin County, Minnesota, legally described: EXHIBIT A An ~a. sement for ponding and utility purposes over that part of Outlot 8, OLSON INDUSTRIAL PARK, according to the recorded plat thereof and situate in Hennepin County Minnesota described as follows- ' Beginnihg at the southeast corner of said Outlot B; thence North 05 degrees 28 minutes 51 seconds East, assumed bearing along the east line of said Outlot 8 a distance of 211.83 feet; to the south line of the north 60.00 feet of said Outlot B lying East of Hi]lsboro Avenue; thence North 88 degrees 50 minutes 37 seconds West along said south line and its westerly extension a distance of 406.79 feet; thence South 80 degrees 43 minutes 17 seconds East a distance of 65.00 feet; thence South 64 degrees 37 minutes 21 seconds East a distance of 54.00 feet; thence South 73 degrees 47 minutes 40 seconds East a distance of 57.00 feet; thence South 81 degrees 28 minutes 19 seconds East a distance of 110.00 feet; thence South 61 degrees 46 minutes 55 seconds East a distance of 100.00 feet; thence South 26 degrees 10 minutes 13 seconds West a distance of 60.00 feet; thence South 32 degrees 19 minutes 30 seconds West a distance of 48.00 feet; thence North 78 degrees 01 minutes 16 seconds West a distance of 35.00 feet; thence South 41 degrees 55 minutes 50 seconds West a distance of 22.00 feet to the south line of said Out]ot B; thence South 88 degrees 51 minutes 55 seconds East along said south line of Outlot B a distance of 123.00 feet to the point of beginning. COLLINS ASSOCIATES MINNEAPOLIS, a Genera] Partnership Its Genera] Partner GeneFa 1 Part~ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The forego~n.g was acknowledge~ before me this " /~Z. , 1994 by ~;/c~ ~J 73~ day of E, and GRe?9' ~ ~ ~ ~~ , the General Partner, General Partner and Gene~al Partner, respectively, of Collins Associates - Minneapolis, a General Partnersh~D, on behalf of said partnership. Not~ry Public Th~s Document was Drafted by: CORR[CK & $ONDRALL, P.A. 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 Z, the undersigned, being the duly qualified and acting Clerk of the C~ty of New Hope, Minnesota, hereby certify that the Council of said City has duly acce~ted the foregoing easement. Dated: City Clerk EDA REQUF T FOR ACTION Originating Department City Manager Dan Donahue Approved for Agenda Agenda Section 6-13-94 EDA Item No. RESOLUTION APPROVING PURCHASE OF 6073 LOUISIANA AVENUE NORTH (IMPROVEMENT PROJECT NO. 519) At its meeting of April 25, 1994, the EDA adopted a resolution authorizing the acquisition the property at 6073 Louisiana and directed staff to proceed with the purchase. The purchase agreement contains a purchase price of $17,402 which will .be financed with CDBG scattered site funds. The City will assume responsibility for extending utilities to the site {approximately $16,598) and construction of affordable housing. Staff recommends adoption of the resolution approving the purchase. MOTION BY TO: SECOND BY Administration: Finance:. RFA-O01 STEVEN A. SONDRAI.L MICHAEL R. L*FLEUR MARTIN p MALI=CHA WILLIAM C ~TRAIT CORRICK ~ SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossin/~ Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE I6121 425-5671 FAX (612) 425-5867 LAVONNE E. KESKE ~ June 6, 1994 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Acquisition of 6073 Louisiana Avenue North Our File No. 99.11121 Dear Kirk: In connection with the completion of the purchase of 6073 Louisiana Avenue North, enclosed please find a Resolution Approving Purchase of 6073 Louisiana Avenue North. The Resolution also specifica]]y authorizes the President, Executive Director and staff to complete the purchase. Please place this on the agenda for the EDA meeting on June 13, 1994. Please contact me tf you have any questions. Sincerely, ORIGINAL SIGNED ~:,,~,~ RTtN P. MALECHA Mart~n P. M&l~ch& s3m Enclosures ~ cc: Dante1 J. Donahue (w/ Valerie Leone (w/enc) Steven A. Sondra11, Esq. EDA RESOLUTION NO. 94- RESOLUTION APPROVING PURCHASE OF 6073 LOUISIANA AVENUE NORTH BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: That the purchase agreement for vacant land known as 6073 Louisiana Avenue North, attached hereto as Exhibit A, is approved. That the President, Executive Director and/or staff are hereby authorized and directed to sign such documents and make such payments as are necessary to complete the purchase of the subject property in accordance with the terms set forth in the attached purchase agreement. Adopted by the Economic Development Authority in and for the City of New Hope this day of , 1994. Edw. J. Erickson, Chairman . Attest: -" Daniel J. Donahue, Executive Director -COUNCIL REQUEST FOR ACTION Approved for Agenda Agenda Section Consent f f~ 6-27-94 Item No. ~. 6.8 Originating Depa~thlent City Manager Sarah Bellefuil AdminisWative Analyst RESOLUTION AWARDING CONTt~,CT FOR REMOVAL OF THE DEBRIS AND GARAGE AT 5009 WINNETKA AVENUE TO PREPARE SITE FOR FWrURE CONSTRUCTION (IMPROVEMENT PROJECT NO. 505) On Sune 19, 1994, the City-owned house at 5009 Winnetka Avenue was burned by the New Hope F/re Department, leaving an open foundation and a free-standing, single-car ~a-a~e. In order to prepar~ the site for future consmlction of a handicap accessible twin home, the debris and garage must be removed from the site and the hole filled with buildable fill. The City sought/received the following bids/quotes for this project, based on the attached specifications: Contractor Bid Kevitt Excavating, Ino. $4,250 Thomas Contracth~ $4,050 Staff recommelMs approval of the enclosed resolution awarding the conUact to Thomas Contmotin~ the low bidder; MOTION BY TO: SECOND BY Finance: RFA-O01 CITY OF NEW HOPE SPECIFICATIONS FOR 5009 WINNETKA AVENUE NEW HOPE, MINNESOTA The City of N~w Hopo ~s see, ki~ quo~ on the following items needed at a Cit~-owned property az 5009 Winnotl~ Avenuo. GENERAL It is tho iatm~ to ~ tl~ subj~ proporty' to a usable condition. All ~ Ill I1~ a Stll~ Rtlid~ial Contractor's Lic~so. Coatraol~, md siibooillra~:~ will submit evidence of insurance coverago and wotic~ ~a?. ~ T~ C~y of Now ltopo Mil requiro normal insm~on~ ~ ~m~ . quo~o m~ romamm~ worn oetom or aurin~ me constmotioa due to budaomy i.. R,~mval oftl~ romsiz~ ~ dob~ ba.s~menr, and foundation of tho houso. 2. lmp~t ~ fill md ~ fmmdm~ m'm in 12 inch li_~ suitable for lisht comuucliou, (Fill b'~M~N~ ~bUc Wo~ F~W, "buildab~ cotdMm. Sotust trust bo siped ~ a ~~ M~ * '7oo. 15'0, ~'OO. Conmc~ P~ PLP.~il ~ QUO'I"~ BfY THURSDAY, JIJN~ 23, 1994, TO: 4401 will bm ~ blt tl~ Neon Holmm City Council at tl~ Moada, y, ,Iun~ 27, 1994 Co,.mcil Ail wod~ i~ to be oampkmM by Suly 22, 1994. TI~ lmsu~ ~ bidd~ will bm e~eeted to ~r ~to a c~m ~ t~ City m mm~ the 4~01 Xylon Avenue North New Hope. Minnesota 55428.4898 Telef~hone: 612.531.5 I00 TDD L/ne: 612-531.5109 City Hall Fax: =6 t 2-53'.5' Police Fax: =6 ~ 2- ~$ ,-5 ' Public Works Fax: =6 t 2.533-TE ,June 14, 1994 To Whom it May Concern: .The City of New Hope is seeldng bids for a number of activities at a City owned house located at 5009 Winnetka Avenue. The house is currently vacant and will be burned down by the City Fire Department on either/une 19 or/une 26, depending on weather condifior~. After the property is burned, the debris from the site must be removed and the site area restored to a buildable condition. It 'is anfidpated that the remainin~ debri~ will coasi~ mainly of the foundation and basemem. Clean fill is available, at the New Hope Public Work~ building, 5500 International Parkway. There is aho a ~arage on the site that must be removed. It is not known at this time if the garage will be burned. Therefore, space has been made ava/lable on the bid askin8 for a quote for removal of the whole garafe and garage debris if the building is burned. Thank you for your. cooperation. My phone number is 531-5137 if you latve, any comments or questions r~g the project. Sincere, t Family Styled City !~, ', ,~,,~* For Family Living COUNCIL REQD'F~T FOR ACTION Approved for Agenda Agenda Section Public Hearing ~/ 6-27-94 Item No. 7.1 Originating Depa~i~uent City Manager Kirk McDonald Management Assistant PUBLIC I-I~ARINO - RESOLUTION CONSTRUCTION OF IMPROVEMENT NO. 469, 1994 RETAINING WALL IMPROVEMENTS This is the public hearin$ for Improvement Project No. 469, City-Wide Retaining Wall Improvements. At the April 2$th City Council meeting, the Council approved a motion accepting the Preliminary Report and ordered preparation of a Feasibility Report. On Sune 13th, the Council accepted the Feasibility Report and set the date for this public heating. The City Engineer and Public Works identified 69 retaining walls in the City and are recommending that 28 walls be reconstructed or removed. The specific retaining wall improvements, estimat~t costs for the improvements and assessments to the benefitted properties are outlined in the attached report, which is based on the following four policy recommendations: Assess 25 percent of the retaining wall cost, not including sidewalk, restoration, tree removal, and ~ costs (administrative, engineering, etc.). If a retalni~ wall is to be removed, the cost for removal, grading, and restoration would no~ be ~. If a retaining wall- is identified by staff for restoration and the property owner does not agrea with i~~on or the assessment, staff recommends that the retaining wall be ~ fo~ comideration at this time and continue to encourage the property owner to ~i~~on in the future. Because the reufining wall construction is MOTION BY TO: SECOND BY Finance: Request for Action Improvement Project No. 469 Page 2 partially on private property, the City does need the property owner's permission to do the work. However, it is recommended that condemnation for an easement to reconstruct retaining walls not be considered initially. The City would consider reconstructing retaining walls that are only on or adjacent to public right-of-way. Retaining walls along driveways or extending onto private property would not be considered. However, the property owners could work with the City's contractor to do work on their property if they so desire. The City Attorney has prepared the enclosed Resolution Ordering Construction of Improvement No. 469 and Preparation of Final Plans and Specifications (1994 Retaining Wall Improvements). Pending input at the hearing, staff recommends closing the hearing and adoption of the resolution. 4401 Xylon Avenue North New Hope, Minnesota 55428.4898 Telephone: TDD Line: 612-531-5100 612-531-5109 City Hall Fax: ~6 !2-531.5 ~ $ Police Fax: ~ 12-53; -5 ~ - Public Works Fax: #612-533-755 e17,1994 Subject: RETAINING WALL IMPROVEMENT NO. 469 Dear New Hope Property Owner: A public hearing has been scheduled by the New Hope City Council for June 27, 1994, at 7:00 p.m. to consider retaining wall improvements to your property in accordance with the attached Notice of Public Hearing. The general nature of the improvement is the construction, repair or removal of retaining walls as more fully described in the Notice. The total cost of the improvement is $201,510.00 (includes costs for retaining wall, sidewalk, tree removal, modular block wail, and sodding). Pursuant to the City's assessment policy, it is estimated that $21,511.00 of said costs will be assessed to benefitted properties. Property owners rec~ivinq this Notice are included in the assessment orQieCt. Said assessments are determined on a square foot basis and are more fully set out in the preliminary assessment roll also attached. In order to accomplish retaining wall reconstruction, the property owner must grant temporary easements and the necessary rights-of-entry at no cost to the City. In the event the property owner is not agreeable to grant the easement, the City will not construct a new retaining wall at this time. The City will only consider the retaining wall reconstruction in a future project of similar size as this project and when the City feels it is able to finance the City portion. An assessment hearing determining final project costs and assessment amounts will be held after the completion of the project. You will also receive a mailed notice of the assessment hearing. The final assessment can be completely paid off at that time or it can be included on your tax statement and financed over a I~riod of year~, The length of years and the interest rate will be established by the City Council at the final aa~ea~nent hearing. OPTION TO ASSESSMENT= The City of New Hol~e and Henneldn County would prefer not to have any retaining walls located along public right-of-way. Therefore, if the tOl~graphy of the property is such that the retaining wail may be removed and i~tmisskm ia granted from the property owner, the costs associated with its removal, grading, and re~ratien would be · City cost. No cost would be assessed to the property owner, if you feel this rn~el~ly in. your ~ituetion, please contact Mark Hanson to discuss the details. Questions rega~lln~thi~ project may be directed to Mark Hanson at 8oneetroo, Rossne, Anderlik & Associates Sincerely, Valerie Leone City Clerk Enclosures Family Styled City Family Living APPENDIX B PRELIMINARY ASSESSMY.,NT ROLL 1994 RrFA]N1NG WALL IMPROVEMENTS PROJECT NO. 469 Estlmnted Total Assess- Wall Retnlnin! Wall Wall Cost meut (25% No, Addruo Owner (sq. ft,~ ~S!S~00/s~ fL]~ Wall I 6140 UtahAve~ Skot~ak 485 $ 7,275 $1,818 2. 6132 Utah Ave. Nail 140 2,100 525 3 7900 - 61st Ave. l-h2bbard 420 6,300. 1,575 4 7900 - 60½th Ave~ White 350 5,250 1,313 5 7901 - 60V~h Ava. Hudson 400 6,000 1,500 6 6001 W'maslkn Ava. Mills 330 4,950 !,2311 7 7900 - $9¥ghAv~. Myers 220 3,300 825 g 7900.591h Av~. Brandt 240 3,600 900 9 7615 Bass Lab Rd. (I) Alano Group 90 1,350 3311 10 7¢0~ BassLalm Rd. (I} Hilg~rs 60 900 225 11 7609 Bass Lalm Rd. O) ~ 90 1,350 33g 12 7643 Bass Lab Rd. (1} Dolm 90 1,350 3311 13 5546 ~ama~'. Av~. (1) Peta~ 190 2,1150 712 14 5212 W'mn~ Ava. (1) Vorass~ 70 1,050 263 15 4840 Dee, ammAva. Forint g0 1,200 300 16 4627 W'~ Av~ (1) Pianlt 1 50 2,250 562 17 462S W'nmsllmA~, (I) ~ 310 4,650 2,175 Ii 7900- 4g~ Av~ Ob /ohsnssn 2gO 3,900 975 19 4322W'mnsl~A~, O} ~ 270 4,050 1,013 20 4320 ~Aw, Ob Am~ 70 1,050 263 21 44241qB~SAvt~- l~flesen 180~ 2,700 675 22 ~~~, Ouststmn 170 2.5S0 638 23 881~Av~ (1~~ b 260 3.900 975 24 9009 o 42ndA~v. (D Nabedrick I~0 2,400 600 25 9109 - 42ndAve. (1) Newton 120 1;800 450 SoL.aDept 3?0 ,$50 ] ] ] ssT s s $21,Sll (1) Pmmins wails on Comty ~ (2) Assessment assumes 25% for sweet (220 sq. it) and 100% along north side driveway (90 sq, it). REQUF T FOR ACTION Approved for ~enda A~eada Section June 27, 1994 Planning and Development Item No. 8.5 Originating Department Finance/Administration Larry Watts RESOLUTION APPROVING DRAWINGS CITY HALL PHASE II REMODELING - AUTHORIZATION FOR .THE PREPARATION AND APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR 81DS IIMPROVEMENT PROJECT NO. 502! City Staff has been working with Milt Powell from Bonestroo, Rosene, Anderlik and Associates, inc. to develop a remodeling plan for City Hall that will provide the following: 1. Better reception area in the Police De partment. e Police locker rooms that will provide adequate number of lockers, and space for Police Officers. 3. Bring jail cells Ul~ to State requirements. 4. Realign work area~ in administration on a departmental basis. To utilize the al)aCe vacated by the Department of Parka and Recreation, and provide additional space for the Inspections Department. Milt Powall will review the drawing~ that reflect the required remodeling changee'to provide the above goals, along with estimated co~ The resolution i~ requesting the following: Al~mval of the drawings. ' "Authmtzi~ Bonestroo, Rosene, Anderlik and Associates, Inc. to prepare plans and sgeciflcetione. MOTION BY TO: SECOND BY AdmfnJ.qtration: Finance: RFA-O01 Request For Action Page 2 Authorizing Staff to approve the plans and specifications prepared by Bonestroo, Rosens, Anderlik and Associates, inc. 4. .Ordering the City Clerk to advertise for bids. Staff recommends approval of this resolution. ! """ """ ,~3n. LS r3NINNV'Id I1' .{ · ~.,am, v AOrllS ~)NINNY'ld ...... ' ..... :...'.... .. ...... ,._,o oo,,.~,oe r r 'F'IYH AJ.IO gdOH/IA'iN i ~U/-~ REQUF_~T FOR ACTION originating Department Approved for Agenda Agenda Section City Manager EDA' Kirk McDonald ~ 6-27-94 Item No. By: Management Assistant By:~// 6 MOTION APPROVING LISTING AGREEMENT WITH THORPE BROS., INC. TO MARKET CITY-OWNED PROPERTY AT 7300 42ND AVENUE NORTH Staff is requesting that the EDA consider entering into an agreement with Thorpe Bros., Inc. to list and market the City-owned property at 7300 42nd Avenue North (42nd and Nevada Avenues). The gasoline contamination on the site has been cleaned up and the City has received its reimbursement from the Petro Fund. The ground water contamination problem is under' .control and the "responsible party", Electronic Industries, has filed an acceptable clean-up plan with the MPCA. Under the agreement, Thorpe would market the property for the City through various listings, answer all calls on the property, and erect a sign on the property advertising it for sale. The agreement would be in effect for one year and the only payment made to Thorpe would be an 8% commission upon the sale of the property. Thorpe would research comparable listings and advise the City what they feel the property value is and reach an agreement with the City on a sale price. Although the 65,000 square foot site is zoned B-4, Community Business District, and could accommodate a number of'uses, the City could give Thorpe specific direction as to the type _.. of business we would like to see on the site. Also, if the EDA approves this agreement, staff would request to seek quotes to have the property surveyed and platted so that the exact size can be verified. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ MARKETING PROPOSAL City of New Hope Presented by: ULY Thompson, CIPS June 24, 1994 Thorpe Bros., Inc. Real Estate Since 1885 Sune 24, 1994 Mr. Kirk McDonald City of New Hope Development Coordinator 4401 Xylon Avenue North New Hope, MN 5:5428 Thorpe Bros., Inc. 8085 Wayzata Blvd. Minneal3olis, MN 55426 Tel: (612) 545-1111 Fax: (612) 545-8986 Dear Mr. McDonald: I am pleased to present this proposal and Exclusive Listing Agreement, regarding the city- owned property on the northwest comer of Rockford Road and Nevada Avenue. This site offers some unique challenges, but it also offers an excellent location for certain business uses. Thorpe Bros., Inc., looks forward to the opportunity to market this property, with the cooperation and assistance of the city. Your City Manager, Dan Donahue, seemed very pleasant to deal with, and I am anxious to work with you both. If you have any questions regarding this proposal, please feel free to call me. My direct number is 797-1413. Sincerely, Uly Thompson, CIPS UT:cid/UT- I Your Partner in Real Estate Sen'ices Worldwide Opinion of Value and Comparable Transactions Pricing · In researching comparable sales and listings in New Hope, I found none. The search was expanded to the neighboring communities of Plymouth, Brooklyn Park and Golden Vall.ey. Listings were found in the price range of $2.75 per square foot (PSF) to $4.25 PSF. Sales were identified from $2.39 PSF to $4.17 PSF. It is my opinion that subject property should be placed on the market at $3.90 PSF. This results in a listing priceof $254,826. This is based on an area of 65,340 square feet (furnished by the city). Recommendation The city should order a Phase I environmental report, covering both contamination issues. This will be required by any buyer, and closing would be expedited, if this information is available. A certified property survey is also needed, in order to determine the exact size and legal description of subject property. Thorpe Bros., Inc. Marketing Plan The following sales tools would be put in place wi thin 30 days after the acceptance by the city of the exclusive listing agreement: Signage: Direct Mail: A 4 x 8 sign will be prepared and installed on the property. This sign will identify Thorpe Bros., Inc. as the listing office, prominently displaying our phone number and some clear indicationregarding the fact that the property is owned by the City of New Hope. A colored flyer will be prepared and target-mailed to other brokers and potential buyers. Commercial Multiple Listing: ~The listing will be placed in the Commercial/Industrial Exchange Book, which is issued monthly by the Regional Multiple Listing Service, Inc. This book is distributed to most of the commercial real estate professionals in the Twin Cities area. Following the above listed items being accomplished, direct calls will be made to potential buyers, as we zero in on the uses preferred by the City. -Based on my understanding of Our conversation on Tuesday, June 21st, the City would prefer that the property not be used for either fast-food or auto-related businesses. We discussed a sit-down restaurant, medical offices, or selected retail businesses. It is important thatwe have a clear understanding on this, at least with some guidelines from the city.. Thorpe Bros., Inc. COMMERCIAL-INDUSTRIAL EXCLUSIVE LISTING AGREEMENT SALE This form approved by the Minneapolis Area Association of REALTORS®.' Minneapolis Area Association of REALTORS® disclaims any liability arising out of use or misuse of this form. Date:~ IN CONSIDERATION OF the Agreement of Thorpe Bros.. Inc. (hereinafter referred to as "BROKER") to undertake to sell the premises hereinafter described, The Ci_ty of New Hone (hereinafter refesxod to as "SELLER") grants to BROKER the exclusive fi~ht to sell or contract to sell the property known as the northwest comer of Rockford Road and Nevada Avcr~ and legally described as Cexaet legal will be furnished bv the Seller. based on a certified survey,) (hereinafter referred to as the "Prol~erty") for the period fi'om the date hereof through and including /une 30. 1995. for the sum of Two Hundred Fifty Four Thousand. Eight Hundred Twenty-Six and no/00 Dollar,~ ($ $254.826.00 ) upon the following terms Cash or at any other price, terms or exchange to which SELLER may consent. NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. SELLER'S OBLIGATIONS It is agreed that SELLER shall promptly furnish BROKER with complete information concerning any person who during the period of this Agreement makes inquiry to SELLER regarding the sale, exchange or lease of the Property. SELLER hereby agrees to furnish to Buyer an Abstract of Title, or a Registered Property Abstract, certified to date, to include proper searches covering bankruptcies and state and federal judgments and liens, and to execute or cause to be executed a deed of general warranty conveying a marketable title to the Property to the Buyer and any further documents as may be required to consummate .the sale to Buyer in aocordanee with the terms above designated or with the term~ to which SELLER may hereafter consent. SELLER hereby agrees to furnish to any Buyer, before signing an agreement to sell, a written disclosure of all knownnWells on the Property and further to provide Buyer at closing with a Well Disclosure Certificate or certification of no known wells. SELLER further agrees to promptly notify BR~)KER of any notices pertaining to the Property which are hereafter received during the term ofthi~ Agreement It is further agreed that-SIRI.ER shall permit BROKER to erect a "For Sale" sign on the Property and to remove all other "For Sale" sign~ fix~m the ~ ,P~,~r during the period of this Agreement It is further agreed that SELLER shall permit BROKF.~ to erect a Sold' sign on the Property for a period of 30 days following the sale or exchange of the Property by BROKER. Page I LLER shall pay BROKER a brokerage fee of ~ percent of the price for whic~ the Property is sold or exchanged, upon occurrence of any of ~e following conditions: ,.. The sale, contract for sale, exchange, or conveyance of the Property during the period of this Agreement b BROKER or any other person, including but not limited to SELLER, or any other agent or broker not a party to this Agreement, in accordance with the price, terms or exchange as set forth herein or as otherwi consented to by SELLER. 2. If a Buyer is procured, whether by BROKER, SELLER or anyone else, who is ready, willing, and able t¢ 3. purchase the Property at the price and terms set forth above and SELLER refuses to sell. If SELLER agrees to sell the Property before this contract expires, and SELLER refuses to close the sale. 4. SELLER removes Property from the market before expiration of this Listing Agreement. 5. If SELLER grants an option to purchase the Property, SELLER shall pay BROKER a sales commission in the percentage provided herein based on the price paid for the option and for any extensions thereof. This comn?'ssion shall be paid upon receipt by SELLER of any such payments. In the event such option is exercised, whether during the term of this Agreement, or within 90 days thereafter, SELLER shall also pay BROKER a sales commission on the gross sales price of the Property in accordance with the provisions herein.. Notwithstanding the foregoing, to the extent that all or pan of the price paid for the option or any extension thereof is applied to the sales price of the Property, then any commission previously paid b owner to BROKER on account of such o,,fion ,',a,,ments shal~ t.........~,..,~.~ ___. ........ Y ............ :r r J · ,~ ,,,~,,,~u a~ums~ me comnusslon payable to m, tUlX.l::K on account of the exercise of the option. 6. During the term of this Listing Agreement or within 30 days after the expiration of this Listing Agreement: (i) the Pr.operty is .acquired by a public authority; (ii) an agreement to acquire the Property is reached with a pubhc authority; or (iii)a public authority institutes eminent domain/condemnation proceedings to acquire the Property. 7. ,SEI:,.LER contrib, utes or. conveys the Property or any interest therein to a partnership, joint venture'~r other ousmess entity during the term of this Agreement in lieu of a sale of the Property during the term of thi., Agreement. 8. SELLER is a partnership or other business entity and an in terest in the partnership or other business entity i., transferred, whether by merger, outright purchase or otherwise in lieu of sale of the Property during the term of this Agreement. 9. If within 90 days after the end of this Agreement, SELLER sous or agrees to sell the Property to anyone who has made an affh'mative showing of interest in the Property by responding to an advertisement or by contacting the BROKER or salesperson involved or has been physically shown the Property by the BROKER or salesperson. It is understood that BROKER shall not seek to enforoe collection of a commission under this Paragraph 9 unless the name of the prospect is on a written list given to SELLER within 72 hours after expiration of this Listing Agreement. S. ELLER further .a .g~'ee.s that in the event a lease of the Property is entered into (a) during the term of this Listing ..... ._. ...... . . ~, ._ . s ~. u~.gulglll,.L~Ot gross rate wmcn snail be due and payable u on cncuuuon ox me lease or as om~ a e~ in writin As s ' , · - - P · . gte g. ecun for BROKERs co ' here . ty mnussaon, SELLER I. by grin. ts to .B. ROKI~ a security ~nterest m the proceeds from th Sale or lea~,.,. ,,i~ ,~,. ,~- ........ herein aha an title ¢ ut oth - .e ............... rrupeny uescnoea [ .... Y . . ~y .. _ er closer who conducts the closm on the sal described h ' , . . g. e or lease of the Pr. time ofcl0s~g,m ~s ~ to msburse the BROKER s comnuss~on prowded hereunder to the BROKER NOTICE REGARDING CLOSING ]After a purchase agreement for your property is signed by both Seller and Buyer, arrangements must be made te l~ol~S;ot~u.e u'ansaction. Seller may arrange for a qualified person, including Seller's attorney, to conduct the closing Page Thorpe Bros., Inc. will arrange to provide closing services for its clients, generally through for a charge of $ 350.00 , payable at the time of closing. All documents related to the closing will b~ available for review by your attorney, accountant or financial advisor at the closing or prior to the closing upon your request. As Seller, indicate below whether you will arrange for others to conduct the closing or whether you wish to have Thorpe Bros., Inc. arrange for the closing of your transaction for the charge listed abOve. This will be decided upon an offer to purchase the property. Please Initial , Seller wishes to have Thorpe Bros., Inc. arrange to provide closing services. Seller will arrange for a qualified closing agent or his.attorney to perform the closing of this transaction. ~ SELLER'S REPRESENTATIONS SELLER has. full legal right to sell the Property. SELLER certifies that as of the date of execution of this Agreement, SELLER has not received any notice of building, health or fu'e cOde violations, nor notice of hazardous waste on Property. FORFEITURE OF EAR_NEST MONEY If a Buyer of the Property defaults and as a result forfeits the earnest money, SELLER will receive percent and BROKER will receive 50 percent of the earnest money. 5O SUB-AGENT'S AND BUYER'S BROKERS I hereby permit you to share part of your commission with other real estate brokers, including brokers only representing the Buyer, MISCELLANEOUS 10. This Agreement is binding upon the heirs, successors, and assigns of the parties. 11. All of the representations and covenants of this Agreement shall survive and be enforceable after termination of the Agreement. 12. This Agreement constitutes the complete agreement between the parties and supercedes any prior oral or written agreements between the parties relative to the provisions herein. No amendment, modification or extension of this Agreement shall be valid or binding unless made in writing and signed by both SELLER and BROKEIL 13. This contract shall be governed by the laws of the State of Minnesota. (~i_tv of New Ho_ne ' ' SELLER. By: Thor~e Bros.. Inc. BRO-KE~ By: OT:cldiUT-I Pnge 3 42 NO AVE. N. OFFICE SCHOOL BUS BETHEL CEMETERY 41 ST AVE LIONS PARK 38TH ~VE. N Overview PROJECT NO. 507 BULLETIN NO. 2 PROJECT BULLETIN 42ND AVENUE RAILROAD BRIDGE REPAINTING At the April 11th City Council meeting the City Council awarded the contract for the 42nd Avenue Railroad Bridge Repainting Improvement Project. This project is being coordinated in conjunction with the 42nd Avenue Landscape/Maintenance Project and the purpose of both projects is to improve the overall appearance of 42nd Avenue through landscaping, painting and maintenance. Currently the bridge has some water leakage at each pier, which has caused rust staining at the piers, and the girders of the bridge are showing some surface rust. An analysis of a paint sample from the bridge showed some lead content in the paint, which is not unusual, therefore special removal, containment and disposal procedures will be followed. The entire bridge will be sandblasted and painted a two-tone beige color. The project is being financed with 42nd Avenue tax increment funds. The entire bridge will be covered with containment hoods so that no sandblasted material will escape into the atmosphere. The removed paint and abrasives Will be disposed of at Elk River and will be tested before it is removed from the site. Signs will be posted to identify that lead based paint is being removed. Proiect Schedule Rainbow, Inc. from New Hope was awarded the contract for this project by the City. The contractor will start moving equipment to the site on June 24th and painting will begin on June 29th. The work is expected to take approximately 25 days to complete and should be finished by the end of July, weather permitting. The contractor is planning on starting work at 9:00 a.m. daily and will work 10 hours per day. This should help to minimize the restrictions on the morning peak traffic hour. Rainbow may work some weekends. The project will be completed in three stages. The first stage will include the repainting of the southerly portion of the bridge and south abutment and will involve closing down the southerly most one lane of eastbound traffic. Stage two will include the painting of the center of the bridge and will inv_o!ve closing down the two center lanes of traffic (one eastbound/one westbound). The third stage wilt include the repainting of-the northerly portion of the bridge and north bridge abutment and will involve closing down the northerly most one lane of westbound traffic. Traffic Control Traffic control will be performed by warning lights. Peak traffic on 42nd Avenue is between 7:00 a.m. to 8:00 a.rn~.and 4:00 P.m-. to 5:00 p.m. The CP Rail will supply a flagperson when the contractor is working on the bridge deck. Train traffic is generally limited to two trains per day. Contact Persons The City will continue-to communicate with all property owners during construction. If you have any questions or concerns during the project, please direct them to Mark Hanson, City Engineer (636- 2168, ext. 338) or Paul Coone, New Hope Public Works Street Lead Worker (533-4823). Thank you for your cooperation during this project. City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5119 6/17/94 I_ _1 2-~-3 Bac~ to Back 2-Arrows 4-RWA ~0-Ref. cones 2-Sid~l ~ close~ use other side RAII~BOW, II~C. W T,~TTT.~TANWA tl..t ~ ~ll ii I I I t I i I1 ~ I'1 mill !'III i.i, IIII III II I I I I I I I I I~1 I I 11111ill Ill I SWC use other side ~EVADA B/B I I RWA Illiltlilll~i I I RWA ITEM %4 PROGRESS SCHEDULE STAGE #1 - MOBILIZE AND SET UP CONTAIN Abrasive Blast & Prime Clean and Paint Hand Rail STAGE #2 - SET UP CONTAIN Abrasive Blast & Prime STA~E #3 - SET UP CONTAIN Abrasive Blast & Prime Clean and Paint Hand Rail STAGE 93 - APPLY FINISH COAT STAGE #2 - APPLY FINISH COAT STAGE #1 - APPLY FINISH COAT 8 days 10 days 8 days 2 days 2 days 2 days PROJECT NO. 507 BULLETIN NO. 1 PROJECT BULLETIN AVENUE LANDSCAPING/MAINTENANCE PROJECT Overview At the May 9th City Council meeting the City Council awarded the contract for the 42nd Avenue North Landscaping/Maintenance Improvement Project. This project is being coordinated in conjunction with the repainting of the 42nd Avenue Railroad Bridge and the purpose of both projects is to improve the overall appearance of 42nd Avenue through landsCaping, painting and maintenance. The improvements will take place on 42nd Avenue from Xylon Avenue east to Louisiana Avenue and on Winnetka Avenue north to 45th Avenue. The overall project involves repair of bituminous pavement and sidewalks; installation of some decorative concrete and curb and gutter; the refinishing of benches, planters and trash receptacles; installation of a number of canopy, ornamental and evergreen trees and shrubs; and installation of sodding, steel edging and weed control fabric. The project will be financed with 42nd Avenue tax increment funds. There will be absolutel~ no assessments to abutting property owners. To complete the project the City needs and is requesting the cooperation of the property owners abutting these streets, as some of the improvements are proposed to be installed on private property near the sidewalk. Over the past month the City Forester and the City Engineer have met with almost all property owners at their sites to review the plans and seek your input, and the plans have been revised to incorporate the recommendations of all property owners. Project Schedule C.S. McCrossan Construction, Inc. was awarded the contract for this project by the City. The project will start just after Memorial Day and, weather permitting, the majority of work should be completed by mid-July. In the areas where no curb, gutter or sidewalk Wbrk is proposed, landscaping and plantings will start immediately. In the areas where curb, gutter or sidewalk is proposed to be removed/replaced, removal will occur first, followed by the installation of new curb and sidewalk, and landscaping will be installed last. The contractor has assured the City that they will strive to complete all the work associated with each individual property in a timely manner. Contact Persont The City will continue to communicate with all property owners during construction. If you have any questions or concerns during the project, please direct them to Tom Schuster, Park Superintendent/Forester (533-0879) or Mark Hanson, City Engineer (636- 2168, ext. 338). Thank you for your cooperation during this project. City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 531-5119 5/25/94 CITY OF NEW HOPE VARIANCE CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT a Division of Ashland Oil, Inc. THIS AGREEMENT is entered into by Super America Group,/~ a Kentucky corporation (,,hereinfter "D. eveloper") and the City of New ~ , Hope (hereinafter "City ), this ~r~r day of ~_/I~ , 1994. .~/ WHEREAS, on May 23, 1994, by Resolution No. 94-.~7~, the City Council approved Developer's request for a Conditional Use Permit (hereinafter "CUP") for certain real property located in the City of New Hope, County Of Hennepin, State of Minnesota known as 6144 West Broadway, legally described as: Tract A, Registered Land Survey No. 602, Hennepin County, Minnesota, (hereinafter "Property") to be used as .a convenience store with gasoline sales, and WHEREAS, the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 94-11 (hereinafter "Plans"}, and WHEREAS, conditions: said CUP was granted subject to the following The property shall be developed in accordance with the plans submitted by Petitioner. Petitioner shall execute a development agreement and post a performance bond to guarantee sai. d development. Hours of operation shall be limited to 6:00 a.m. to 12:00 midnight unless otherwise approved by the City'Council. Noise governors with filters and directional volume controls shall be installed on all outside intercom systemst .and shall otherwise comply with the City noise 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 submit a revised lighting plan as recommended by the New Hope Building Official. All signage must comply with the New Hope Sign Code and the canopy facade shall not exceed three feet in width. j 10. 11. Petitioner agrees to reconsider landscaping plan for utilization of mature trees and berming to screen the subject property from the adjacent ]and uses. Petitioner agrees to reconsider alternative locations for underground gas storage tanks. All roof-top mechanical units screened per staff approval. be adequately Petitioner agrees to reconsider best internal traffic movement to minimize potential traffic congestion on West Broadway and 62nd Avenue North. Petitioner's conditional use permit sha]] be subject to annual review by staff for compliance with the New Hope Code, ComPrehensive Plan and the required development contract. NOW, THEREFORE, IT ZS HEREBY AGREED' as follows: 1. ~NCORPORATION OF RECITALS. incorporated herein by reference, conditions of the CUP. The recitals above are specifically including the 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction in compliance with all applicable codes, ordinances, standards, and policies of the City. The Work includes all on-site exterior amenities shown on the Plans that are listed below. -:-'Quant i t ¥ I t em 400 lin. ft. Perimeter Concrete curb . $10/1in. ft. 2100 sci. Y~'~:LBitu~tfnous Surface a $10/sq. Estimated Cost $. 4,000.00 21,000.00 Lump Sum Landscape a $6,000/]ump sum 6,000.00 Subtotal + 50~ Security Increase $31,000.00 15,500.00 TOTAL: $46,500.00 2 The Developer unconditionally guarantees to the City all of the Work for a perioU of one year subsequent to the Completion Date of the Work. This guarantee shall include failure of the Work due to poor material, faulty workmanship, or any other failure of the Work. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the C~ty. 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 1st day of June, 1995, except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce th~s Agreement after the expiration of the time in which the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the Work, and payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Developer in default thereunder, and the statute of l~mitations shall not be deemed to commence running until the City Council has been notified in writing by the Developer that the Developer has either complied with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person who shall give a financial guarantee to the City as required below. 4. COST OF WORK. The Developer shall pay for all costs of persons doin9 work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the .:subcontract or--.subcontract, or~, .and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. ~.. In the event of default by the Developer as to any of th~.Wor~t~-be-performed hereunder, the City may, at its option, per~d~the Work and the Developer shall promptly reimburse the City fo~'an~expense incurred therein by the City, provided the Developer ir'first given written notice by United States Mail of the Work in default and required to be done by the Developer, not less than 7 days being given thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice g~ven ~n this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 7 day notice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mai led notice as described above had been given. [t is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 6. REVOCATION OF CUP. The City Council approved a CUP for the Property subject to certain conditions including completion of the Work. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Developer, the City may revoke the CUP for the Property. Developer acknowledges and agrees that the City may also revoke the CUP for failure of the Developer to satisfy any of the other conditions of the CUP. 7. HOLD HARMLESS. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (~ncluding attorney fees) arising out of or resulting from the Developer's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the Developer, or the City, upon the failure of the Developer to comply with any conditions of this Agreement or the CUP, performs said conditions pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the _~.~C._ity, its employees, agents and representatives for its or their own negligent or intentional acts in the performance of the Developer's required work under this Agreement or the CUP. 8. COST OF: ADMINISTRATION. The Developer agrees to reimburse [h~C. tty:for the actual costs to the City associated with this plannt~Lcas~.: the CUP and this Agreement, including but not limited-to'~ne®r~ng and attorney's fees. Developer agrees that the financfe~guarantee shall not be released until all such costs have been p&i~ to the City. 9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 10. F.INANCIAL GUARANTEF. The Developer shall furnish the City with a financial guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a performance bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically renewing certificate of deposit in Developer's name but assigned to the City; e) other financial instruments which provide equivalent assurance to the City. Said financial guarantee shall be furnished to the City as security to assure completion of the items of Work as set forth above, and payment of the costs of administration as set forth above. The financial guarantee shall be in an amount of 150% of the cost of the Work as estimated by the City Engineer. The financial guarantee provided shall continue in full force and effect until the City CoUncil approves and accepts all of the Work undertaken and releases the surety and/or the Developer from any further liability, and until all administrative costs are paid in full. The City Council may reduce the amount of the financial guarantee upon partial completion of ithe Work and payment of all outstanding administrative costs. 11. No_.o~. The address of Developer, for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement, until notice of a change of address is given to the City in writing: Super America Group, a Division of Ashland Oi] [nc. 1240 West 98th Street Bloomington MN 55431 Attn: Hanager 'of Design & Construction 12. SEVERAB]L[TY. If any portion, section, subsection, paragraph, sentence., clause or phrase of this Agreement is for any --::r_eason held' to be invalid, such decisions shal] not affect the ~Validity of the'r~remaining portion of this Agreement. 13. .~.~GJ~_~_~I~, This Agreement shall be binding upon the parties, thej~.:he~r~:,~ successors or assigns as the case may be. IN W]T[ilEaSi~WHEREOF, we have hereunto set our hands and sea]s. CITY SUPER AMERICA GROUP, a Divisi0n of' ~hland 0ii [nc. Its s'- Vi(:e President STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) 'The ~f~regoing instrument _~/as acknowledged before me day of L~././j~ , 199~:_, by EDW. J. ERICKSON and DANIEL J. DONAHUE, ~T~e Mayor and Manager, respect.ively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public ~ - STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The~j~regoing- instr~ument w.a/s acknow~ledged bi, fore mJ~ thts. 0~2/ 199~f , ~.y.~_ . -_ /, _ -"'-- and day of ~'~ the~ and .... ~ respectively, of Super America Group, a I)ivfsion of -Kentucky corporation, on behalf of said corporation. Ashland 0il [nc. CORR[CK & SONDRALL, A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 6 · dmlniltrltor who's never beeo in a pmtah with a cem~ For co~es c~t m2.~'4~33. Catholic cemeteries are getting a face-lift Building underway, - plans drown to update berelVement f~ollltles By Bob Zyskowski Paul are ~tdn~ ~ as ~he archdioc~n C~bolic C. amem~ office ~ to meet the communi- ty's needs for )ears ~o com.- Catholics who visit Calm~ west area and St. Mary Cemetery changes, said John Cberek, cem- eteries director. At Sc Mary, a 57~ ~ the t'u~t of two in the cemetery's development pla~ "The Irish density in a small area makes the mausoleums the best use of the remainins space' Cberek said. Plans include a crematorium and a seatins area with l~aisious features for people lookins for a place to pray at the cemetery. more burial sites, and Calvary in The space wa~ made available in both pzevi~ crowded cemeter- ies with a plan that calls for dos- lng some roads and re-designing roadways through the cemeteries. '%Veil be putting signs up to warn people about the coming after we're done, there still should no Ions waiks~' leum construction yet. But crypt sales are under way, and the cem- etery eventually will have 1,500 Catholic Cememteries' biggest 42ud OZKI W~ in New Hop~ Only 2~ acres of the 80-acre much of the site is not maintain- ed, Cherek said. But area de~opment since the 1960s shows a projected need for olic Cemeteries had a master plan designed to de~elop the cemetery The plato indude a lra~/med- itation garden, new office space with a design reminiscent of nafi~ peoples that would be open to would be unique to ethnic groups such as native Americans and "Father James Notebaart, din~- tor of the azchdiocesm Indian Ministry, designed that portion of'~ the land-use plan;' Cherek said. "When that part of the plan might become a reality we can't really say, but we're aware of the need for a place where people of other cultures can observe their own customs:' The design ~tains a section of existing woods and wetlands, and it includes roads, a new entrance way, mausolea and even an out- door amphitheater. '%VCd like to see the cemetery become a meeting place for the parishes of the northwest quadrant for cemetaT-~p~ evems -- p~ services, memorial services, outdoor liturgies:' Cherek said. BuriaLs are often 'occasions when families and communities are reunited, and the cemetery wants to be able to offer them a place to gather, he said. "The vision is for the parishes W see the cemetery as an extension of their parish space' Cherek said. to develop it with a Catholic iden- Catholics of the archdiocese can be proud of and see as a part of A mausoleum being consUucted is w be ready this la;ar. It will in- dude a chapel with seating for 100 people. And, to keep others aware of cemetery plans and programs, the cemeteries office will begin pub- lishing a newsletter for its clients. "We still find ourselves in the position that a lot of Catholic folks do not know who we are as an asency of the archdiocesan church," Cherek ,said. "Wdm tr~ in our public rela- tions efforU% U) position ourselves as a leader in burial in the Twin CfQes offering produas and serv- ices comparable to other cemeter- ies. "Plus, we want to offer an in- vironm~mt and be seen as a leader in education in issues related to dea~ grief and bereawment in the Catholic conu~. "Tt~'s wh~e we feel w~re dif- fer · fl~m any other non-sectar- ian or publicly owned c~m~'~.' Catholic Bulletin May 26, 1994