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100494 Planning AGENDA PLANNING COMMISSION MEETING OF OCTOBER 4, 1994 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 2. 3. 4. CALL TO ORDER ROLL CALL OATH OF OFFICE FOR NEW PLANNING COMMISSION MEMBERS CONSENT PUBLIC HEARINGS Case 94-21 Request Avenue 5.2 Case 94-22 *5.3 Case 94-27 *5.4 Case 94-28 *5.5 for Final Plat Approval for City Center Addition, 7300 42nd North, City of New Hope, Petitioner. Request for Final Plat Approval for Cameron Addition, 6073 Louisiana Avenue North, City of New Hope, Petitioner. Request for Site/Building Plan Review Approval for Construction of a 2,718 Square Foot Office/Warehouse/Machine Space Addition and Additional Parking Spaces, 9100 49th Avenue North, Englund Graphics, Inc., Petitioner Request for a 5' Variance to the Rear Yard Setback Requirement to Allow Construction of a 20' x 20' Garage 30' from the Rear Yard Property Line, 4052 Cavell Avenue North, Robert Funk, Petitioner Case 94-29 Request for Conditional Use Permit to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center, 2703 Winnetka Avenue North, Dave Dahl/Greg Kegley/Engelsma Investment Ltd. Partners, Petitioners 6. COMMITTEE REPORTS 6.1 Report of Design and Review Committee 6.2 Report of Codes and Standards Committee 7. OLD BUSINESS 7.1 Miscellaneous Issues 8. NEW BUSINESS 8.1 Approval of Planning Commission Minutes of September 6, 1994. 8.2 Review of City Council Minutes of August 8, 22, September 12, Work Session of July 11, and Special Meeting of September 12, 1994. 8.3 Review of EDA Minutes of August 8 and September 12, 1994. 8.4 Review of Canvassing Board Minutes of September 15, 1994. 10. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance ANNING CASES OCTOBER, 1994 PC 94-27 9100 49th Avenue N. PC 94-28 4052 Cavell Avenue N. :si I I PC 94-22 6073 Louisiana Avenue N. PC 94-21 42nd Avenue N. PC 94-29 Winnetka Avenue N. DATE: TO: FROM: SUBJECT: CITY OF NEW HOPE MEMORANDUM September 27, 1994 All Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Oath of Office for New Planning Commission Members The City Code states that "the Planning Commission shall consist of ten members appointed by the City Council. Every appointed member shall, before entering upon the discharge of his duties, take on an oath that he will faithfully discharge the duties of his office." For the past several years the Planning Commission has consisted of eight (8) members, and that number was reduced to seven (7) with the resignation last spring of Todd Lifson, who moved to Golden Valley. The City sought applications for appointment from interested residents in the City newsletter and received four applications. The Council interviewed the four (4) applicants prior to the September 12th Council meeting and appointed three members as listed below: Roger Landy William Oelkers Richard Stulberg The Council appointed three new members so that the requirements of the City Code would be met and because of the quality of the candidates. The City Clerk, Valerie Leone, will be present at the beginning of the October 4th Planning Commission meeting to administer the oath of office to the new members. Please make them feel welcome to be a part of the Commission. CHAIR: Cameron, Robert MEMBERS: Codes and Standards Sonsin, William Underdahl, Vi Zak, Mary CITY OF NEW HOPE PLANNING COM~ISSION 9117 34-1/2 Avenue North, 55427 3308 Gettysburg Avenue N. 55427 7706 53rd Avenue North, 55428 8100 28th Avenue North, 55427 545-6531 533-2781 (w) 545-4401 525-0258 (w) 533-5913 545-4808 Design and Review Cassen, Sharon 8040 60-1/2 Avenue North, 55428 Gundershaug, Robert 6141 Utah Avenue North, 55428 Watschke, Doug 3600 Gettysburg Avenue N., 55427 Management ASsistant/Community Development Coordinator Kirk McDonald 4401 Xylon Avenue North 537-5193 553-1810 (w) 537-2608 535-4788 (w) 545-6570 920-9020 (w) 531-5119 (w) Planninq Consultant Alan Brixius) David Licht ) Northwest Associated Consultants 5775 Wayzata Boulevard, Suite 555 Minneapolis, MN 55416 595-9837 (Fax No.) 595-9636 NEW MEMBERS Roger Landy William Oelkers Richard Stulberg 4417 Flag Avenue N. 5909 Ensign Avenue N. 8824 47-1/2 Avenue N. 535-7602 535-6144 569-5641 (w) 533-9059 831-5828 (w) PLANNING COMMISSION MEETS THE FIRST TUESDAY OF EACH MONTH AT THE CITY HALL AT 7:00 P.M. tate tinn ota, 0o~ of . Hennepin ............... C]t~ .~.~...New ~Op.e ............. that I w~ s~p~ ~ Cons~it~io~ of ~ Un~t~ States a~ of t~ o/t~, ....... ~..i.%.~. ...................... o/ ........ ~ew....~o. pe ............................................ ,~ ~ Co~ of.....~.~.~.~P.~..~ ........................................... a~ S~a~e of ~L~ota, to ~he be~ of my j~~ a~ ab~gL~. So ~p ~ God. City Clerk 2.13 PLANNING COMMISSIOn. 2.13, 2.131, 2.132, 2.133, 2,134, 2. 135 2.131 Establishment. The Planning Commission heretofore established may be abolished by two-thirds vote of all the members of the Council. 2.132 Composition. (1) Number. The Planning Commission shall consist of ten members appointed by the Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. (2) Term. Unless sooner removed by a four-fifths vote of the Council, nine of the members shall serve a term of three years, and the person appointed as the tenth member shall serve a term expiring the first business day of January in the year following the year appointed. All members appointed and qualified shall serve until their successors qualify. (3) Councilman May Se Tenth Member. The Council may appoint a member of the Council to be the tenth member of the Planning Commission who shall serve a term expiring on the first business day of January in the year following the year appointed. (Code 072684) (4) Residency Requirement. Ail members of the Planning Commission shall be a resident of the City of New Hope. (Ord. 89-19) 2.133 Purposer Authority and Duties. The Planning Commission shall serve as an advisory body to the Council. It is hereby authorized and directed to carry on City Planning activities and to adopt a plan for the regulation of the future physical development of the City, and to prepare and adopt an official map of all proposed alterations of existing lands and public spaces, and the future development of unplatted properties and shall recommend approval or disapproval of subdivisions of land. The Commission shall make a study of future developments of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments. The results of all studies made by the Commission, together with the recommendations of the Commission shall be submitted to the Council. The Planning Commission shall upon request of the Council, make recommendations to the Council regarding matters affecting zoning, platting, the making of public improvements and other measures affecting the future or present development of the City. 2.134 Or~&nization. The Planning Commission shall elect one of its members as chairman, one as vice chairman, and another as secretary, each of wh~ shall hold office until December 31st, following their election. (Code 072684) 2.135 Meetinqs. The Planning Commission shall hold one regular meeting each month, on such day and at such time as established by the Council. Special meetings shall be called by the Chairman upon his request not more than two days after receipt by the Chairman or Secretary of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. No meeting shall be held during the month of July unless called as a special meeting according to the procedure of this section. (Code 072684, Ord. 85-11) 2-9 0?2684 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-21 Final Plat Approval for City Center Addition, 7300 42nd Avenue North, City of New Hope, Petitioner 7300 42nd Avenue North 17-118-21-21-0002, 17-118-21-21-0003, 17-118-21-21-0007, 17-118-21-21-0008, 17-118-21-21-0010, 17-118-21-21-0049 B-4, Community Business City of New Hope September 30, 1994 October 4, 1994 BACKGROUND This is a request by the City of New Hope for Final Plat approval of City Center Addition, pursuant to Chapter 13 of the New Hope Code. The property included in the plat includes all or a portion of Lots 11 - 18, Auditor's Subdivision Number 324. The City acquired these properties in conjunction with the 42nd Avenue Street Reconstruction Project and the purpose of the plat is to consolidate all of the parcels into one lot. For the past. several years the City has contracted to have gasoline-impacted soils on the east side of the property removed in conjunction with an approved clean-up plan from the Minnesota Pollution Control Agency. The City is now in the process of seeking an "all-clear" letter from the PCA and is marketing the property through Thorpe Bros., and the sale of the property will be less complicated if it is platted as one parcel. The property is located at the northwest intersection of 42nd and Nevada Avenues and the topography of the property is fairly flat with rising ridge on the east side. The property is located in a B-4, Community Business, Zoning District and surrounding land uses/zoning include R4 apartments to the north, I-2, General Industrial, to the west (across railroad), B-4 to the east (Army/Navy Store), and B-4 to the south across 42nd Avenue (All Star Sports and Rapid Oil). o The Preliminary Plat was approved by the Planning Commission and City Council on September 6th and 12th, respectively, subject to the following conditions: Comments/recommendations from City Attorney, City Engineer, Hennepin County, and Building Official be incorporated into the Final Plat. Final Plat be submitted to Planning Commission for review/approval. Planning Case 94-21 2 September 30, 1994 7. The specific recommendations were as follows: City Engineer: A. The right-of-way along 42nd Avenue be dedicated to provide a uniform width of 2' between back of sidewalk and right-of-way line. B. A 20' wide drainage and utility easement be dedicated over the existing 36" RCP storm sewer crossing the middle of the site. A minimum 5' wide drainage and utility easement be dedicated along all lot lines and right-of-way lines. C. At the time the site is developed, consideration should be given to improving the storm water flow from the low point in 42nd Avenue through this site, and at a minimum, the elevation of the lowest opening in the building shall be 2' above the overflow elevation. D. In the event future development warrants reconfiguration of the cul-de-sac, a driveway easement be maintained between the apartment complex and Nevada Avenue. E. The ground water and soil contamination be resolved in accordance with MPCA and City requirements. Hennepin Count: A. The developer should dedicate fight-of-way for CSAH 9 as shown on the Preliminary Plat. B. All access from the plat to CSAH 9 must be via City streets (Nevada Avenue cul-de- sac), as direct access from the plat to CSAH 9 will not be permitted by the County. C. Necessary permits be secured from County for driveway, drainage and utilities prior to construction in future. D. The developer must restore all areas, within County fight-of-way, disturbed during construction. Ci_ty Attorney: A. The City of New Hope is listed as the Owner and Developer and the title is in the name of the HRA. The HRA should be the Developer, or the HRA should deed the property to the EDA and the EDA can then be the Owner and Developer. B. The illustratiOn of the plat needs to be changed so that the underlying fee title to all of the relevant lots is included within the outer boundary of the plat, as the current illustration limits the plat to those portions of the subject property which are not affected by the street easements. The plat needs to include the full extent of the fee title of the various lots, with the existing roadway improvements or easements shown as a dedication on the plat. C. The location of sewer and water mains and the zoning classification must be included on the Preliminary Plat per City Code. D. City Attorney to provide a letter regarding status of title at the time of review of Final Plat. Building Official: A. Correct Nevada Avenue fight-of-way which is drawn out of scale or dimension. South lot line shown to not parallel the new sidewalk along 42nd Avenue. Planning Case 94-21 3 September 30, 1994 B. Increase lot area by reducing the cul-de-sac diameter on the south side from 60' to 54'. The Final Plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. ANALYSIS 1. The following changes have been made to the plat since the Preliminary Plat was approved: B. C. D. E. F. G. Adequate right-of-way along 42nd Avenue has been dedicated to provide a uniform width of 2' between the back of sidewalk and the right-of-way line. A 20' wide drainage and utility easement has been dedicated over the existing 36" ReP storm sewer crossing the middle of the site. A 5' wide drainage and utility easement has been dedicated along all lot lines and right-of-way lines. The City has dedicated right-of-way for CSAH 9, as was shown on the Preliminary Plat. All access from the plat to CSAH 9 is via City streets. The illustration of the plat has been changed so that the underlying fee title to all of the lots is included with the outer boundary of the plat. The cul-de-sac diameter of Nevada Avenue North has been decreased on the south side form 60' to -~:~ to increase the lot area. o The plat has a width of 153 feet on the west, 238 feet on the east, 514 feet on the south (42nd Avenue), and 515 feet on the north. The plat meets the Zoning Code lot area and width requirements for the B-4 Zoning District. On the Preliminary Plat the area was 74,516 square feet (including street cul-de-sac) and the total area of Lot 1, Block 1, excluding the street was 61,376 square feet. On the final plat these areas have changed as follows: Plat area = 89,247 square feet Lot area = 62,185 square feet 4. The City Engineer reviewed the Final Plat and made the following comments: All conditions have been properly addressed and noted on the Final Plat. At the time of development, storm water drainage and utility service must be reviewed further. 5. The City Attorney reviewed the Final Plat and made the following comments: The designations for Lot 1, Block 1, need to be in solid highlighted letters. The legal descriptions and plat illustration accurately reflect the information provided by City Attorney to the surveyor. Title evidence was reviewed and it was discovered that with respect to the West 1/2 of Lot 16 and all of Lot 17, the City actually owns the underlying fee title to the South 7 feet of the property by way of a Quit Claim Planning Case 94-21 4 September 30, 1994 Deed filed in 1967. The fee is subject to the existing roadway easement. The easiest way to clear this up will be for the City to deed its interest in the property to the HRA prior to filing of the plat. City Attorney to draft the necessary resolution and deed. The plat of City Center Addition can accordingly proceed without change. '6. Hennepin County reviewed the Final Plat and had no additional commems in addition to the comments made on the Preliminary Plat. The Building Official reviewed the Final Plat and had no additional commems in addition to the comments made on the Preliminary Plat RECOMMENDATION Staff recommends approval of the Final Plat of City Center Addition, subject to the following conditions: A. Corrections recommended by City Attorney be incorporated into the Final Plat. Attachments: Final Plat Topo/Section/Zoning Maps City Attorney Plat Review Letter City Engineer Plat Review Letter Plat Distribution Letter Correspondence to Hyland Surveying Preliminary Plat Report NEVADA t II I'rl Z --I rrl AVE. N. ~6 23854 $0°50'26'E - I 41z~. 411¢ ', I 7 4-7oC '4 42-1/~ &W 4?' TH I 46 TH CKFORO 41~_1 icl/I~ [~ ~-~ ~o i 41 ST AVE N AVE AVE N 1 ROAD R.4 R.4 I-1 CEMETERY' ; ! I-1 ICE X 894.5 894.8 × 899. · 898.2 × 897.4 × 895.5 X 896.8 897.0 42ND AVENUE ! ! Bonestroo Rosene )u' derllk & Associates Engineers & Architects September 28, 1994 City o~ New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attu: Mr. Kirk McDonald Re: Final Plat City Center File 34-Geu Dear Kirk: We have reviewed the final plat for City Center Addition. All conditions have been properly addressed end noted on the final plat. At the time c~ development, storm water drainaae and utility service must be reviewed further. If you have any questions please contact this office. Yours very truly, BONESTRO0, ROSEN~ ANDERLIK & ASSOCIATES, INC. Mark A. Hanson 233S ~ HiGIlWIy 36 * :lt. Plul, MN SSII3 · 612-636-4600 EO'd 'DSS~ "g C)O~IS~gNO~g TT£T g£9 ET9 ES :ET t~66I-gE-60 ST'EVEN WII.L~AM G. COKR/CK & $ONDRALL. P.A. A't-I~)~EY5 A'z' LAW Edinburgh ~xecu~ve Office PI~ RS~ ~dinbrook Cro~in~ S~te ~03 Bruoklyu P~k, M~uc~om 55~3 FAX (~g) 4~7 LAVONNE E. KE~K~ September 28, 1994 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Nope, MN 55428 RE: City Center Addition Proposed Final Plat Our File No: 99.15042 Dear Kirk: ! have reviewed the proposed final plat of City Center Addition and have the following comments: The designations for Lot 1, Block 1 need to be in solid highlighted letters. The legal descriptions and plat illustration accurately reflect the information provided by me to the surveyor. I have now checked the title evidence more closely and discovered that with respect to the West ~ of Lot 1G and all Of LOt 17, the City actually owns the underlying fee title to the South ~7 feet of the property by way of a Quit Claim Deed filed in 1967. The fee is subject to the existing roadway easement, of course. The easiest way to clear this uo will be for the City to deed its interest in the property to the HRA prior to fillng of the plat. I will draft the necessary resolution and deed. The plat of City Center Addition can accordingly proceed without change. In all other aspects the plat is appropriate, including the listing of the HRA as the owner. ,3F_.,F-/'O-O-t ~E..u ,C,, ~u F', UO/U3 Mr. Kirk McDonald September 28, 1994 Page 2 Please contact me ~f you have any questions, Sincerely, Martin P. Malecha s3w2 o¢: Danqel J. Donahue, C~t¥ Man~ger Steven A. Sonarall, Esq. DATE: TO: CITY OF NEW HOPE MEMORANDUM September 23, 1994 Minnesota Department of Transportation Hennepin County Public Works Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Final Plat of City Center Addition Enclosed you will find the Final Plat for City Center Addition, s subdivision being proposed by the City of New Hope to combine existing City-owned properties. Please review and return your comments by 4:30 p.m. Wednesday, September 28th. This Final Plat will be considered by the New Hope Planning Commission and the New Hope City Council on October 4th and 10th, respectively. If you have questions, please feel free to contact me at 531-5119. 4401 Xylon Avenue North New Hope. Minnesota 55428-4898 Telephone: TDD L/ne: 612-531-5100 612-531-5109 City Hall Fax: #612.~'~, 5 ' 3· Police Fax: ~612-5,' ! -5 ? - Public Works Fax: =812-$35-7E5 September 14, 1994 Milton E. Hyland Hy-land Surveying P.A. 7845 Brooklyn Boulevard Brooklyn Park, MN 55445 Subject: PLANNING CASE 94-21, REQUEST FOR PRELIMINARY PLAT APPROVAL FOR CITY CENTER ADDITION Dear Mr. Hyland: At the September 12th City Council meeting, the Council approved the Preliminary Plat for City Center Addition subject to the following conditions: The right-of-way along 42nd Avenue be dedicated to provide a uniform width of 2' between back of sidewalk and fight-of-way line. A 20' wide drainage and utility easement be dedicated over the existing 36" RCP storm sewer crossing the middle of the site. A minimum 5' wide drainage and utility easement be dedicated along all lot lines and right-of-way lines. 3. The City should dedicate right-of-way for CSAH 9 as shown on the preliminary plat. All access from the plat to CSAH 9 must be via City streets (Nevada Avenue cul-de- sac), as direct access from the plat to CSAH 9 will not be permitted by the County. The illustration of the plat needs to be changed so that the underlying fee title to all of the relevant lots is included within the outer boundary of the plat, as the current illustration limits the plat to those portions of the subject property which are not affected by the street easements. The plat needs to include the full extent of the fee title of the various lots, with the existing roadway improvements or easements shown as a dedication on the plat. The location of sewer and water mains and the zoning classification must be included on the Preliminary Plat per City Code Correct Nevada Avenue right-of-way which is drawn out of scale or dimension. South lot line shown to not parallel the new sidewalk along 42nd Avenue. 8. Increase lot area by reducing the cul-de-sac diameter on the south side from 60' to 54'. Family Styled City '~~ For Family Living Hy-land Surveying P.A. September 14, 1994 Page 2 In order for the Planning Commission to consider the Final Plat at their October 4th meeting, please submit the Final Plat to the City no later than Wednesday, September 21st. This will give the staff adequate time to review the plat prior to the Council meeting. Please submit 15 copies of the Final Plat to the City along with one 8 1/2" x 11" reduction. If you have any questions, please contact me at 531-5119. Also, please contact Mark Hanson, City Engineer, at 636-2168, ext. 338, or Marly Malecha, City Attorney, at 425-5671, with specific questions you have regarding their recommendations. I have enclosed a complete copy of the staff report on the Preliminary Plat for your information. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/prs Enclosure: Preliminary Plat Staff Report CC: Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Property File (7300 42nd Avenue North) Planning Case File 94 - 21 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-21 Preliminary Plat Approval for City Center Addition, 7300 42nd Avenue North, City of New Hope, Petitioner 7300 42nd Avenue North 17-118-21-21-0002, 17-118-21-21-0003, 17-118-21-21-0007, 17-118-21-21-0008, 17-118-21-21-0010, 17-118-21-21-0049 B-4, Community Business City of New Hope September 1, 1994 September 6, 1994 BACKGROUND This is a request by the City of New Hope for Preliminary Plat approval of City Center Addition, pursuant to Chapter 13 of the New Hope Code. The property included in the plat includes all or a portion of Lots 11 - 18, Auditor's Subdivision Number 324. The City acquired these properties in conjunction with the 42nd Avenue Street Reconstruction Project and the purpose of the plat is to consolidate all of the parcels into one lot. For the past several years the City has contracted to have gasoline-impacted soils on the east side of the property removed in conjunction with an approved clean-up plan from the Minnesota Pollution Control Agency. The City is now in the process of seeking an "all-clear" letter from the PCA and is marketing the property through Thorpe Bros., and the sale of the property will be less complicated if it is platted as one parcel. 4. The property is located at the northwest intersection of 42nd and Nevada Avenues. The property is located in a B4, Community Business, Zoning District and surrounding land uses/zoning include R4 apartments to the north, I-2, General Industrial, to the west (across railroad), B-4 to the east (Army/Navy Store), and B4 to the south across 42nd Avenue (All Star Sports and Rapid Oil). The topography of the property is fairly flat with rising ridge on the east side. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. The City Code states that copies of the final plat shall be submitted to the Planning Commission for their review and recommendation, unless this requirement is waived by the Planning Commission during their review of the preliminary plat. City staff is not Planning Case 94-21 2 'September 1, 1994 requesting a waiver from this requirement and recommends that the final plat be reviewed by the Commission. o Property owners within 350' of the request have been notified and one property owner contacted the City to inquire about the purpose of the plat. ANALYSIS The total area of the plat is 74,516 square feet (including street cul-de-sac) and the total area of Lot 1, Block 1, excluding the street is 61,376 square feet. The plat has a width of 145 feet on the west, 221.61 feet on the east, 460.67 feet on the south (42nd Avenue), and 510.19 feet on the north. There are no lot area or lot width requirements for the B4 Zoning District (appropriate site uses are determined by the setback requirement). The plat combines all the existing parcels into one parcel. 2. The City Engineer reviewed the plat and made the following comments/recommendations: The right-of-way along 42nd Avenue shall be dedicated to provide a uniform width of 2' between back of sidewalk and right-of-way line. A 20' wide drainage and utility easement shall be dedicated over the existing 36" RCP storm sewer crossing the middle of the site. A minimum 5' wide drainage and utility easement shall be dedicated along all lot lines and right-of-way lines. At the time the site is developed, access shall be to the Nevada Avenue cul-de-sac. In addition, consideration should be given to improving the storm water flow from the low point in 42nd Avenue through this site. At a minimum, the elevation of the lowest opening in the building shall be 2' above the overflow elevation. In the event future development warrants reconfiguration of the cul-de-sac, a driveway easement should be maintained between the apartment complex and Nevada Avenue. The ground water and soil contamination shall be resolved in accordance with MPCA and City requirements. 3. Hennepin County reviewed the plat and made the following comments/recommendations: The developer should dedicate right-of-way for CSAH 9 as shown on the preliminary plat. All access from the plat to CSAH 9 must be via City streets. Direct access from the plat to-CSAH 9 will not be permitted. All proposed construction within County right-of-way requires an approved permit prior to beginning construction. This includes, but is not limited to driveway, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for permit forms. The developer must restore all areas, within County right-of-way, disturbed during construction. The City Attorney reviewed the plat and found it to be in order from a legal standoint, subject to the following: Planning Case 94-21 3 September 1, 1994 A0 Bo Co Do The City of New Hope is listed as the Owner and Developer. The title of all the relevant parcels of property is in the name of the Housing and Redevelopment Authority in and for the City of New Hope. The HRA should be the Developer, or the HRA can deed the property to the EDA and the EDA can then be the Owner and Developer. The illustration of the plat needs to be changed so that the underlying fee title to all of the relevant lots is included within the outer boundary of the plat. The illustration appears to limit the plat to those portions of the subject property which are not affected by the street easements. The plat needs to include the full extent of the fee title of the various lots, with the existing roadway improvements or easements shown as a dedication on the plat. This is particularly appropriate here because Lot 11 and the East 130 feet of Lot 18 were both owned in fee by the HRA prior to the construction of the shifted Nevada Avenue and the cul-de-sac for Oregon Estates. As a result, there has never been a dedication or easement to reflect the roadways that have been constructed upon those two lots. To a lesser extent, the same situation applies to all of the remaining lots fronting 42nd Avenue North. The HRA either owned these lots prior to the condemnation or took the entire lot as part of the condemnation. As a result, there has been no official action to dedicate the easements for the widened 42nd Avenue North. Normally this would be handled by a reservation of the easements when the HRA deeds out the property, but since the plat will happen first, it is appropriate to place the street easements of record at this time by a plat dedication. Certain minor information required in preliminary plats by City Ordinance §13.041 is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me, the property appears to be zoned B4 at this time. Because of ownership by HRA, no title work will be necessary. However, the Hennepin County Surveyors will require at least a letter from our office regarding the status of the title. I will provide that at the time of review of the final plat. The property is tax-exempt, so the plat can be filed without regard to the payment of real estate taxes. The Building Official reviewed the preliminary plat and made the following comments/recommendations: Correct errors: Nevada Avenue right-of-way is drawn out of scale or dimension. South lot line may be inaccurate, shown to NOT parallel the new sidewalk along the County road, 42nd Avenue. Provide perimeter easements and sewer easement bisecting the lot. Increase lot area by reducing the generous cul-de-sac diameter on the south side from 60' to 54', where it will intersect with the southeast comer of the adjacent apartment complex lot, as shown on attachment "C". The lot area is increased by 624 square feet, to 62,000 square feet. 6. The Minnesota Department of Transportation reviewed the plat and had no comments. Planning Case 94-21 4 September 1, 1994 7. City staff received no comments from utility companies regarding the plat. RECOMMENDATION Staff recommends approval of the Preliminary Plat of City Center Addition, subject to the following conditions: 1. Comments/recommendations from City Attorney, City Engineer, Hennepin County, and Building Official be incorporated into the Final Plat. Final Plat be submitted to Planning Commission for review/approval. Attachments: Section/Zoning/Topo Maps Preliminary Plat City Attorney Correspondence City Engineer Correspondence Building Official Comments & Attachment Hermepin County Correspondence MnDOT Correspondence Plat Distribution Letter CITY CENTER ADDITION CITY OF NEW HOPE ~ 42ND AVE N (CO ROAD NO 9) 60 Hy-LInd Surveying, P.A. Lind ~urvlyorl .) STEYEN A, SONDRALL MICHAEL R. L'FLEUR MARTIN t~ MALECHA WILLIAM C STRAIT CORRICK & SONDRALL. P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 TELEPHONE (612~ 425-5671 FAX (642) 42s-5667 August 26, 1994 Mr. Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: City Center Addition Our File No: 99.15042 Dear Kirk: I have examined the proposed preliminary plat of Addition and find it to be in order from a legal subject to the following: City Center standpoint, 1. The City of New Hope is listed as the Owner and Developer. The title of all the relevant parcels of property is in the name of the Housing and Redevelopment Authority in and for the City of New Hope. The HRA should be the Developer, or the HRA can deed the property to the EDA and the EDA can then be the Owner and Developer. 2. The illustration of the plat needs to be changed so that the underlying fee title to all of the relevant lots is included within the outer boundary of the plat. The illustration appears to limit the plat to those portions of the subject property which are not affected by the street easements. The plat needs to include the full extent of the fee title of the various lots, with the existing roadway improvements or easements shown as a dedication on the plat. This is particularly appropriate here because Lot 11 and the East 130 feet of Lot 18 were both owned in fee by the HRA prior to the construction of the shifted Nevada Avenue and the cul-de-sac for Oregon Estates. As a result, there has never been a dedication or easement to reflect the roadways that have been constructed upon those two lots. Mr. Kirk McDonald August 26, 1994 Page 2 To a lesser extent, the same situation applies to all of the remaining lots fronting 42nd Avenue North. The HRA either owned these ]ors prior to the condemnation or took the entire lot as part of the condemnation. As a result, there has been no official action to dedicate the easements for the widened 42nd Avenue North. Normally this would be hand]ed by a reservation of the easements when the HRA deeds out the property. But since the plat will happen first, it is appropriate to place the street easements of record at this time by a plat dedication. 3. Certain minor information required in preliminary plats by City Ordinance §13.041 is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me, the property appears to be zoned B-4 at this time (see Ordinance §4.33(8). 4. Because of ownership by the HRA, no title work will be necessary. However, the Hennepin County Surveyor's will require at least a letter from our office regarding the status of the title. I will provide that at the time of review of the final plat. 5. The property is tax-exempt, so the plat can be filed without regard to the payment of real estate taxes. Please contact me if you have any questions. Sincerely, Martin P. Malecha s3f cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Bonestroo Rosene Anclerllk & Associates Engineers & Architects PROM: Mark Hanson, City Engineer DATE: Aulu~t 26, 1994 RE: City Center Addition (42nd/N~ Ave.) File 34-gan The City Center Addition provides for platting the property owned by the City of New Hope located in the northwest corner of 42nd Avenue and Nevada Avenue. The City is presently marketing the property for sale. We have reviewed the plat and recommend the following: · The right"of-way along 42nd Avenue shall be dedicated to Movide a uniform width of 2' between back of sidewalk and right-of-way line. A 20' wide drainage and utility easement shell be dedicated over the existing 36" RCP storm sewer CToui~I the middle of the site. A minimum 5' wide drni-age and utility easements shall be dedicated along all lot lines and right-of-way lines. · At the time the site is developed, aecess sha~! be to the Nevada Avenue cul-de-sac. In addition, consideration should be jiven to improving the storm water flow from the low poht tn 42nd Avenue through this site. At a minimum, the elevation of the · lowest openinl in the building shall be 2' above the overflow elevation. · tn the event future development warrants reconfiguratim of the cul-de-sac, a driveway easement should be maintained between the apartment complex end Nevada Avenue. · The ground water and soft contamination shall be resoled in accordance with MPCA and City requirements, i c~: Milton Hyland 233S ~lG;est Hlghwoy 36 · St. Pouf, MN 5Sl13 · 612-636-4600 Date: To: From: Subject: City of New Hope MEMORANDUM August 31, 1994 Kirk McDonald Douglas Sandstad, Building Official City Center Addition Prelim. Plat I have reviewed the proposed plat and suggest these improvements: * Correct errors; Nevada Avenue right-of-way is drawn out of scale or dimension. South lot line may be inaccurate, shown to NOT parallel the new sidewalk along the County road, 42nd Ave. * Provide perimeter easements and sewer easement bisecting the lot. * Increase lot area by reducing the generous cul-de-sac diameter on the south side from 60' to 54, where it will intersect with the southeast corner of the adjacent apartment complex lot, as shown on attachment "C". The lot are is increased by 624 square feet, to 62,000 ~ Please advia~e, ti'you have any questions. cc: attachment Hennepin County An Equal Opportunity Employer Kirk McDonald Management Assistant/Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN 55428 August 22, 1994 RE: Proposed Plat - City Center Addition CSAH 9, northwest quadrant CSAH 9 and Nevada Avenue North Section 17, Township 118, Range 21 Hennepin County Plat No. 2176 Review and Recommendations Dear Mr. McDonald: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require Coun%y review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: · The developer should dedicate right of way for CSAH g as shown on the preliminary plat. · All access from the plat to CSAH 9 must be via City streets. Direct access from the plat to CSAH g will not be permitted. · All proposed construction within County right of way requires an approved permit prior to beginning construction. This includes, but is not limited to driveway, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for permit forms. · The developer must restore all areas, within County right of way, disturbed during construction. Please direct any response to Doug Mattson. Si ncerely,'_ Thomas O.~Johnson, P.E. Transportation Planning Engineer TDJ/DBM Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612)930-2500 FAX:(612)930-2513 Recycled Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-22 Final Plat Approval for Cameron Addition 6073 Louisiana Avenue North 05-118-21-21-0111 and 05-118-21-21-0003 R-l, Single Family Residential City of New Hope September 30, 1994 October 4, 1994 BACKGROUND The City of New Hope is requesting Preliminary Plat approval of Cameron Addition, pursuant to Chapter 13 of the New Hope Code. The purpose of the plat is to create a new buildable parcel for the City's scattered site housing program. The City acquired the vacant HUD house at 7109 62nd Avenue in 1993 and it is currently being rehabilitated with MHFA and CDBG funds for resale to first-time homebuyers. In the fall of 1993, the City approved the preliminary plat for the Carol James Addition, as the property owner at 7105 62nd Avenue (adjacent to 7109 62nd Avenue) desired to subdivide his property and sell off the back portion. This spring the City purchased the rear portion of the property after the Final Plat was approved. The purpose of this plat is to split off the rear portion of the 7109 62nd Avenue parcel and combine it with the rear portion of the 7105 62nd Avenue parcel to create one new buildable lot which would have access off of Louisiana Avenue. The City has no immediate plans to build on the parcel, but will do so in the future with a variety of housing program grant funding sources. The property is located just south of the southwest intersection of 62nd and Louisiana Avenues and the topography of the proposed future building site is flat with several nice trees toward the center of the site. The property is located in an R-I, Single Family Residential, Zoning District and is bordered on the south by a single family home and Broadway Village Apartments, which are both located in an R-4, High Density Residential, Zoning District. The property across 62nd Avenue to the north is Brooklyn Park single family residential and the property to the east across Louisiana Avenue is Crystal park property. The Preliminary Plat was approved by the Planning Commission and City Council on the 6th and 12th, respectively, subject to the following conditions: Comments/recommendations from City Attorney, City Engineer, Hennepin County, and Building Official be incorporated into the Final Plat. Final Plat be submitted to Planning Commission for review/approval. Planning Case Report 94-22 September 30, 1994 The specific recommendations from the City Engineer, City Attorney, and Building Official were as follows: Ci[y Engineer: A. Plat be revised so that Lot 1 complies with the required square footage, per City Code, by changing the lot shape slightly and adding 125 - 150 square feet. B. Sanitary sewer and water main service to Lot 2 be constructed when future construction takes place. C. Storm sewer pipe in Louisiana Avenue and along the south lot line of Lot 2 may be required when Lot 2 is developed with the appropriate easement dedication. D. Drainage and utility easements 5' wide shall be provided along all lot lines and right- of-way lines. City Attorney: A. Due to the fact that the City of New Hope owns the property known as 7109 62nd Avenue North and the New Hope EDA is the owner of record for Lot 2, Block 1, Carol James Addition, the City or the EDA will have to deed their portion of the property to the other so all property will be under common ownership. B. The metes and bounds legal description needs to include a reference to the section, township and range, and minor corrections in legal description to be made. C. An existing easement in the center of the proposed Lot 2, Cameron Addition, needs to be vacated. D. The location of sewer and water mains and the zoning classification should be added to the plat. E. City Attorney to provide a letter regarding the status of the title at the time of review of the Final Plat. The Final Plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. ANALYSIS The total area of the proposed Final Plat is 26,042 square feet. The plat subdivides the property into two (2) parcels. The lot area and lot width requirements for the R-I, Single Family Residential, Zoning District are compared with the Preliminary and Final Plats below: R-1 Requirement Min. Lot Area -- 9,500 SF Preliminary_ Plat Lotl = 9,376SF Lot 2 = 16,667 SF Final Plat Lot 1 = 9,500SF Lot 2 = 16,542 SF Min. Lot Width = 75 feet Lot 1 = 66.67 Ft. (on 62nd) Lot 2 = 100 Ft. (on Louisiana) Lot 1 = 66.67Ft. Lot 2 = 100 Ft. 2. Lot 2 meets the lot area and lot width requirements for the R-1 Zoning District. ~ · Planning Case Report 94-22 3. 3 September 30, 1994 The rear lot line of Lot 1 has been moved back slightly so that the minimum square footage area requirement has now been met. The lot width is an existing non-conformity with a frontage (width) of 66.67 feet on 62nd Avenue and it is not possible to correct this non-conformity with this plat. Besides the shifting of the rear lot line on Lot I so that the lot area requirement is met, the other changes that have been made on the plat since the Preliminary Plat was approved include the following: Drainage and utility easements 5' wide have been provided along all lot and right-of- way lines. The City approved a resolution transferring the City's ownership of 7109 62nd Avenue to the EDA so that all property is under common ownership. The legal description has been corrected. A public hearing has been scheduled for October 10th to vacate an existing easement in the center of Lot 2 and the vacation will be a condition of approval of the plat. 5. The City Engineer reviewed the Final Plat and made the following comments: All conditions have been properly addressed and noted on the Final Plat. Utility service and storm sewer must be extended in Louisiana Avenue to properly serve Lot 1 when it develops. 6. The City Attorney reviewed the Final Plat and made the following comments: Co The beginning and ending marks for the measurement of 275.61 feet along the centerline of the Osseo Road need to be placed on the plat illustration. The centerline of Osseo Road is at the extreme left of the plat drawing. The distance of 644.5 feet, as well as its beginning and ending points, needs to be placed on the plat illustration. This measurement begins at the intersection of the centerlines of Louisiana Avenue North and 62nd Avenue North and then proceeds to the east. The plat drawing appears in order, but the distance label itself and the beginning and end points needs to be added. The vacation of the utility easement located across the middle of the proposed Lot 2, Cameron Addition, has been commenced and will likely be concluded at the end of the public hearing scheduled for October 10th. The plat correctly omits this easement. The City Council has previously authorized transfer of the "7109" property from the City to the EDA. The plat correctly lists the EDA as the owner of all the land to be platted as Cameron Addition. City Attorney to prepare a deed running from the City to the EDA which will be filed just prior to the filing of the plat. 7. No comments were received from Hennepin County or utility companies regarding the plat. Planning Case Report 94-22 4 September 30, 1994 ~.~ RECOMMENDATION Staff recommends approval of the Preliminary Plat of Cameron Addition, subject to the following conditions: A. Vacation of utility easement in the middle of Lot 2. Bo Minor corrections to the Final Plat measurements/distances to be made, as noted by City Attorney. Attachments: Final Plat Topo/Section/Zoning Maps City Attorney Plat Review Correspondence City Engineer Plat Review Correspondence Correspondence to Hyland Surveying Plat Distribution Letter Preliminary Plat Report N """ -' -- i66.67 Hy-Land Surveying, P.A. Laird Surveyora CAMERON --/ / Z -- / ADDITION IR.'[ DOC NO. OF NW 1/4, ~_____~6.67 EAST ~F'--- ,~ ....-'~!o/-- S I~ EXCEPTION 66.76 1 86 48~0"W. --. I_1 g,'. :_ ,R.21 ~---lO0.O0 --166.67 ,N0p-r, J I % I I' I --i' N89°59'46'W- ~, 5 30 LL: 30 UTILITY E A____SE M..ENT _-~i~~ N89°59'46 W-- - R.4 R'4 CAR~ I''1 BOUND COOPER. HIGH SCHOOL R.4 6~ $ T AVE, 6~$T ~ 60 TH AV .~ AVE. N ESA m 59 AVE 1 780o ROAD 60 TII C B ~ D X 866.7 87'0. 4 868,4 (3 6073 I. xmisiana Avem STEVEN A. $ONDR~LL I~CHAEL R. L~H. EUR MARTIN P. MALECHA W1LU~ C STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) F~X (612) 42S-S~67 LAVONNE E, KEEKE SHARON D. DERBY September 28, 1994 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Cameron Addition Proposed Final Plat Our File No: 99.15041 Dear Kirk: I have reviewed the proposed final plat of Cameron Addition and have the followin9 comments: 1. The beginning and ending marks for the measurement of 275.61 feet along the centerline of the Osseo Road need to be placed on the plat illustration. The centerline of Osseo Road is at the extreme left of the plat drawing. 2. The distance of 644.5 feet, as well as its beginning and ending points, needs to be placed on the plat illustration. This measurement begins at the intersection of the centerlines of Louisiana Avenue North and 62nd Avenue North and then proceeds to the east. The plat drawing appears in order, but the distance label itself and the beginning and end points needs to be added. I also want to remind you of two related matters. The vacation of the utility easement located across the middle of the proposed Lot 2, Cameron Addition, has been commenced and will likely be concluded at the end of the public hearing scheduled for October lOth. The plat correctly omits this easement. Zn addition, the City Council has previously authorized transfer of the "7109" property from the Ci.ty to the EDA. The plat correctly lists the EDA as the owner of all of the land to be platted as Cameron Addition. I will prepare a deed running from the City to the EDA which wilt be filed just prior to the filing of the plat. Mr. Kirk McDonald SeDtember 28, 1994 Page 2 Please contact me if you have any questions. Sincere]y, Martin P. Malecha s3w2 cc: Daniel J. Donahue, City Manager Steven A. Sondra]l, City Attorney ]Bonestroo Rosene m-lm AndeHIk & Associates Englneer~ & Architects September 28, 1994 City of New Hope 4401 Xyion Avenue N. New Hope, MN 55428 Attn: Mr. Kirk McDonald Re: Final Plat Cameron Addition File 34~Gen Dear Kirk: We have reviewed the fiaal plat for Cameron Additicm. All conditioas have been properly addressed and noted on the final plat. Utility service and storm sewer must be extended in Louisiana Avenue to properly serve Lot 1 when it develops. If you have any questions please contact this office. Yours ve~7 truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:Ik 233S West Highway 36 · St, Paul, MN 5$i13 · 612-636-4600 £0' d ' ~ggf "~ O0~I.LsgNOg T T£~ 9£9 Z:g t~66 T-igC-60 -;~07 X',,'©r~ Avenue Nortl~ ~Te;v ~cse. ,¥fln,~esota 55~28-4898 Telephone. TOD L.,ne. 612-531-5100 612-551-5109 C,ty ,'Wa/; Pot/ce Public WorKs September 14. 1994 Milton E. Hyland Hy-land Surveying P.A. 7845 Brooklyn Boulevard Brooklyn Park, MN 55445 Subject: PLANNING CASE 94-22, REQUEST FOR PRELIMINARY PLAT APPROVAL FOR CAMERONS ADDITION Dear Mr. Hyland: At the September 12th City Council meeting, the Council approved the Preliminary Plat for Camerons Addition subject to the following conditions: 1. Plat be revised so that Lot 1 complies with the required square footage of 9,500 square feet, per City Code, by changing the lot shape. 2. Drainage and utility easements 5' wide must be provided along all lot lines and right-of-way lines. At. the September 12th Council meeting, the City deeded its ownership of the property at 7109 62nd Avenue to the Economic Development Authority so that all the property is under one ownership. 4. The metes and bounds legal description needs to include a reference to the section, township and range, and minor corrections in legal description to be made. 5. An existing easement in the center of the proposed Lot 2, Camerons Addition, is in the process of being vacated and should not be shown on the Final Plat. 6. The location of sewer and water mains and the zoning classification should be added to the plat. In order for the Planning Commission to consider the Final Plat at their October 4th meeting, please submit the Final Plat to the City no later than Wednesday, September 21st. This will give the staff adequate time to review the plat prior to the Council meeting. Please submit 15 copies of the Final Plat to the City along with one 8 1/2" x 11" reduction. Family Styled City ~ For Family Living Hr-land Surveying P.A. September t4. 1994 Page 2 if you have any questions, please contact me at 531-5119. Also. please contact Mark Hanson. City Engineer, at 636-2168. ext. 028, or Marty Malecha, Cit.,,' Attorney. at 4~> 5671. with specific questions you have regarding their recommendations. Sincerely. Daniel J. Donahue C4~ Manager . Kirk McDonald Management Assistant/ Community Development Coordinator CC.' Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Property File (7109 62nd Ave. North and 6073 Louisiana Ave.) Planning Case File 94 - 22 DATE: TO: CITY OF NEW HOPE MEMORANDUM September 23, 1994 Hennepin County Public Works Minnegasco Northern States Power Co. U.S. West Telephone King Cable Television New Hope Director of Public Works New Hope Director of Finance/Administrative Services New Hope City Attorney New Hope City Engineer New Hope Building Official FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Final Plat of Camerons Addition Enclosed you will find the Final Plat for Camerons Addition, which combines two City- owned parcels. Please review and return your comments by 4:30 p.m. Wednesday, September 28th, This Final Plat will be considered by the New Hope Planning Commission and the New Hope City Council on October 4th and lOth, respectively. 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 94-22 Preliminary Plat Approval for Camerons Addition 6073 Louisiana Avenue North 05-118-21-21-0111 and 05-118-21-21-0003 R-i, Single Family Residential City of New Hope September 1, 1994 September 6, 1994 BACKGROUND The City of New Hope is requesting Preliminary Plat approval of Camerons Addition, pursuant to Chapter 13 of the New Hope Code. The purpose of the plat is to create a new buildable parcel for the City's scattered site housing program. As you are aware, the City acquired the vacant HUD house at 7109 62nd Avenue in 1993 and it is currently being rehabilitated with MHFA and CDBG funds for resale to first- time homebuyers. In the fall of 1993, the City approved the preliminary plat for the Carol James Addition, as the property owner at 7105 62nd Avenue (adjacent to 7109 62nd Avenue) desired to subdivide his property and sell off the back portion. This spring the City purchased the rear portion of the property after the final plat was approved. The purpose of this plat is to split off the rear portion of the 7109 62nd Avenue parcel (identified as "B" on the attached diagram) and combine it with the rear portion of the 7105 62nd Avenue parcel (identified as "D" on the attached diagram) to create one new buildable lot (B/D) which would have access off of Louisiana Avenue. The City has no immediate plans to build on the parcel, but will do so in the future with a variety of housing program grant funding sources. The property is located just south of the southwest intersection of 62nd and Louisiana Avenues. The property is located in an R-I, Single Family Residential, Zoning District and is bordered on the south by a single family home and Broadway Village Apartments, which are both located in an R4, High Density Residential, Zoning District. The property across 62nd Avenue to the north is Brooklyn Park single family residential and the property to the east across Louisiana Avenue is Crystal park property. The topography of the proposed future building site is flat with several nice trees toward the center of the site. As per routine policy, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. Planning Case 94-22 · September 1, 1994 The City Code states that copies of the final plat shall be submitted to the Planning Commission for their review and recommendation, unless this requirement is waived by the Planning Commission during their review of the preliminary plat. City staff is not requesting a waiver from this requirement and recommends that the final plat be reviewed by the Commission. o Property owners within 350' of the request have been notified, including the cities of Crystal and Brooklyn Park, and staff have received no comments on the request. ANALYSIS The total area of the proposed plat is 26,043 square feet or .59 acres and the existing "L- shaped" parcel has a frontage width of 66.67 feet on the north (62nd Avenue), 100 feet on the east (Louisiana Avenue), a length of 166.67 feet on the south and a length of 240.63 feet on the west. The plat subdivides the property into two (2) parcels. The lot area and lot width requirements for the R-l, Single Family Residential, Zoning District are compared with the plat below: R-1 Requirement Minimum Lot Area = 9,500 square feet Preliminary_ Plat Lot 1 = 9,376 square feet Lot 2 = 16,667 square feet Minimum Lot Width = 75 feet Lot 1 = 66.67 feet (on 62nd Avenue) Lot 2 = 100 feet (on Louisiana Avenue) 3. Lot 2 meets the lot area and lot width requirements for the R-1 Zoning District. Lot I does not meet the lot area or lot width requirements for the R-1 Zoning District for the following reasons: Lot Width - This is an existing non-conforming lot with a frontage (width) of 66.67 feet on 62nd Avenue and it is not possible to correct this non-conformity with this plat. Due to the fact that thi.n is simply a re-plat of existing property and the non-conformity Currently exists, no variance to the lot width requirement is necessary with the approval of this plat. Lot Area - The lot area for Lot 1 is currently shown on the plat as 9,376 square feet and the requirement is 9,500 square feet, therefore, the lot, as proposed, is 124 square feet short of the requirement. This will be corrected on the f'mal plat so that Lot 1 meets the ordinance requirements, as staff is .not seeking a variance on the lot area. The reason that this situation developed is that the property owner at 7105 62nd Avenue only wanted to sell the rear 100 feet of his property. City staff was uncertain as to what the exact square footage of the two combined parcels would be until the area was surveyed/platted. It was the original intention to simply extend the rear dividing line straight into the next lot so that the newly Planning Case 94-22 'September 1, 1994 created parcel would be rectangular in shape. Due to the fact that the square footage requirement is not met on the new parcel, the line will have to be shifted in the final plat, as referenced in the following comments. 5. No comments were received from Hennepin County or utility companies on the plat. 6. The City Engineer reviewed the plat and made the following comments/recommendations: Do Lot 1 does not comply with the required square footage (required 9,500 square feet, proposed 9,376 square feet). Attached are two alternatives to reconfigure the lot line between Lots 1 and 2 to satisfy the square footage requirement. Sanitary sewer and water main service to Lot 2 must be satisfied by extending 160' sanitary sewer in Louisiana Avenue and connecting a 1" service to the existing 6" water main in Louisiana Avenue. The estimated cost for this work including utility construction and street restoration is +$16,500. The southwest corner of Lot 2 does not naturally overflow to Louisiana Avenue. It is expected when Lot 2 is developed storm water will pond in this area. Approximately 350' of storm sewer pipe in Louisiana Avenue and along the south lot line of Lot 2 is required. In the event an easement can be secured from the property to the south approximately 230' of storm sewer pipe is required. The estimated cost for storm sewer is $7,000 to $12,000. In the event the storm sewer is constructed along the south lot line of Lot 2, a 10' wide drainage and utility easement is required along the south lot line. Drainage and utility easements 5' wide shall be provided along all lot lines and right- of-way lines unless otherwise noted. As noted, a 3' wide drainage and utility easement is prOVided along the existing garage due to its location. Existing easements shall be vacated as required. The City Attorney reviewed the preliminary plat and made the following comments/recommendations: The City of New Hope is listed as the Owner and Developer. The City owns the real estate described by the metes and bounds legal description, which is the property known as 7109 62nd Avenue North. However, the New Hope EDA is the owner of record for Lot 2, Block 1, Carol James Addition. Either the City or the EDA will have to deed their portion of the property to the other so all property will be under common ownership, or the City and the EDA will both have to join in the plat as owners. The metes and bounds legal description needs to include a reference to the section, township and range. In addition, the legal description contains some slight variations from the legal description contained on the Certificate of Title. Because this is registered property, the legal description should reflect that contained in the Certificate of Title. The proposed Lot 2, Camerons Addition shows an easement to be vacated. Both Minnesota law and the City of New Hope Code require certain procedures to be Planning Case 94-22 4 September 1, 1994 Do followed for the vacation of a publicly owned easement. The City can commence a vacation proceeding by its own motion, but published and posted notice, as well as written notice to adjoining landowners is required. Prior to commencing the vacation, the legal description for the easement to be vacated must be obtained. Certain minor information required in preliminary plats by City Ordinance is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me, the property appears to be zoned R-1 at this time. Because of recent purchases by the City, no title work will be necessary for this plat application. However, the Hennepin County Surveyors will require at least a letter from our office regarding the status of the title. I will provide that at the time of review of the final plat. With the recent platting of the Carol James Addition, we know that all of the real estate taxes due and payable in 1994 on Lot 2, Block 1, Carol James Addition have been paid in full. The taxes are also paid in full for the remaining property (7109), so taxes will not be an issue when the plat is filed. The Building Official reviewed the preliminary plat and made the following comments/recommendations: ho The only adjustment needed is to the lot area for the proposed Lot 1. It is just under our 9,500 square foot minimum lot size. Adding 125 or 150 square feet can be done by changing the lot shape slightly, as shown in attachment "A", which moves only the southwest lot corner. In the alternate, an approximate rectangle can be maintained for LOt 1 by changing the depth from 140.63' to 143' (143' x 66.67' = 9,533.81 square feet). This changes Lot 1 into an irregular 6 sided lot (see attachment "B"). RECOMMENDATION Staff recommends approval of the Preliminary Plat of Camerons Addition, subject to the following conditions: Comments/recommendations from City Attorney, City Engineer, Hennepin County, and Building Official be incorporated into the Final Plat. 2. Final Plat be submitted to Planning Commission for review/approval. Attachments: Zoning/Section/Topo Maps Preliminary Plat City Engineer Correspondence & Attachments City Attorney Correspondence Building Official Comments & Attachments Plat Distribution Letter Bonestroo Rosene )uYlerllk & Associates Engineers & Architects FROM: DATE: Mark Hanson, City Enwineer Au&mst 26, 1994 Cameron Addition (62nd/Louisiana Avenue) File 34-gan The Cameron Addition includes 2 lots being platted by the City of New Hope. Lot 1 includes an existin~ single family home being rehabilitated by the City. Lot 2 is vacant and proposed to be developed. We have reviewed the plat and recommend the following: Lot I does nat comply with the required square footage (required 9500 sq. ft., proposed 9376 sq. ft.). Attached are two alternatives to reconfi~ure the lot line between Lots 1 and 2 to satisfy the square footage requirement. Sanitary sewer and water main seance to Lot 2 must be satisfied by ex-tending 160' sanitap/sewer in Louisiana Avenue and connecting a 1" sap-ice to the existing 6" water main in Loui_(qtna Avenue. The estimated cost for this work includin8 utility construction and street restoration is + $16,500. The southweet corner of Lot 2 does not naturally overflow to Louisiana Avenue. It's expoc~ whe4l Lot 2 is developed storm water will pond in this area, Approximately 350' of storm sewer pipe in Louisiana Avenue and along the south lot line of LOt 2 · is required, la the event an easement can be secured from the property to the south approximately 230' of storm sewer pipe is required. The estimated cost for storm sewer is $7,000 to $12,000. In the event the storm sewer is constructed along the south lot line of Lot 2, a 10' wide drainqe and utility easement is required along the south lot line. Drainage and utility easements 5' wide shall be provided along all lot lines and' right- of-way lines unless otherwise noted. As noted, a 3' wide dralnm$c and utility easement is provided along the existing garage due to its location. Existing easements shall be vacated as required. cc: Miltan Hyland 2.135 Welt Hlgi~w~y 36 · St. Pouf, MN SSIJ3 · 612-636-4600 0 0 24',0 0 STEVEN A $ONCRALL MICHAEL i~ L,FLI=UR MAR'r;N ~ MALECHA ~/ILLIAM C STRAIT CORRICK ~ SONDRALL, P.A. ATTOR_'~EYS tkT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite ~203 Brooklyn Park. Minnesota 55443 TELEPHONE (612) 425-$67'~ FAX {612) 425-5867 August 26, 1994 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE- Camerons Addition Our File No: 99.15041 Dear Kirk- I examined the proposed preliminary plat for Camerons Addition and have the following comments- 1. The City of New Hope is listed as the Owner and Developer. The City owns the real estate described by the metes and bounds legal description, which is the property known as 7109 62nd Avenue North. However, the New Hope EDA is the owner of record for Lot 2, Block 1, Carol James Addition. Either the City or the EDA will have to deed their portion of the property to the other so all property will be under common ownership, or the City and the EDA will both have to join in the plat as owners. 2. The metes and bounds legal description needs to include a reference to the section, township and range. In addition, the legal description contains some slight variations from the legal description contained on the Certificate of Title. Because this is registered property, the legal description should reflect that contained in the Certificate of Title. 3. The proposed Lot 2, Camerons Addition shows an easement to be vacated. Both Minnesota law and the City of New Nope Code require certain procedures to be followed for the vacation of a publicly owned easement. See New Hope Code §8.09. The City can commence a vacation proceeding by its own motion, but published and Mr. Kfirk McDonald August 26, 1994 Page 2 posted notice, as well as written notice to adjoining landowners is required. Prior to commencing the vacation, the legal description for the easement to be vacated must be obtained. 4. Certain minor information required in preliminary plats by City Ordinance §13.041 is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me, the property appears to be zoned R-1 at this time. 5. Because of recent purchases by the City, no title work will be necessary for this plat application. However, the Hennepin County Surveyor's will require at least a letter from our office regarding the status of the title. I will provide that at the time of review of the final plat. 6. With the recent platting of the Carol James Addition, we know that all of the real estate taxes due and payable in 1994 on Lot 2, Block 1, Carol James Addition have been paid in full. The taxes are also paid in full for the remaining property (7109), so taxes will not be an issue when the plat is filed. Be sure to contact me if you have any questions. Sincerely, Martin P. Malecha s3f2 Daniel d. Donahue, City Manager Steven A. Sondrall, City Attorney Date: To: From: Subject: City of New Hope MEMORANDUM August 31, 1994 Kirk McDonald Douglas Sandstad, Building Official Camerons Addition Prelim. Plat The only adjustment needed is to the lot area for the proposed Lot 1. It is just under our 9,500 sqaure foot minimum lot size. Adding 125 or 150 sf can be done by changing the lot shape slightly, as shown in attachment "A", which moves only the southwest lot corner. In the alternate, an approximate rectangle can be maintained for Lot 1 by changing the depth from 140.63' to 143'. [143' x 66.67 = 9533,81 sf]. This changes Lot 2 into an irregular 6 sided lot. Exhibit "B" illustrates the latter. cc: file attachments CAMERONS ADDITION ~l_!Y QF_ NE_w F, 2 ND /t/E NUE NORTH 6O 9O 62ND A/ENUE NORTH '! 34~ 24.0 ~ EASEMENT TO BE -1 I VACATE:, Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-27 Request for Site/Building Plan Review Approval for Construction of a 2,718 Square Foot Office/Warehouse/Machine Space Addition Along with Additional Parking Spaces 9100 49th Avenue North 07-118-21-23-0018 I-1 Englund Graphics, Inc. September 30, 1994 October 4, 1994 BACKGROUND The petitioner is requesting Site/Building Plan Review Approval for construction of a 2,718 square foot office/warehouse/machine space addition along with additional parking spaces, pursuant to Section 4.039A of the New Hope Code of Ordinances. Englund Graphics is proposing to construct the addition on the west side of their existing 14,550 square foot building, which would bring the total building size to 17,268 square feet. In addition, 22 parking spaces would be added to the site. The petitioner states on the application that the building addition and added parking spaces are needed to accommodate company expansion. The property is located in an I-1 Limited Industrial Zoning District and is surrounded by I-1 zoned property on the north (wetland), east (wetland), and west (vacant lot). The property south of the site, across 49th Avenue, is zoned R-I, Single Family Residential, and contains single family homes. Prior to 1961, the Englund Graphics property was zoned Heavy Industrial. The Comprehensive Plan stresses the need for compatible businesses or industrial uses in this area (Planning District//9), with emphasis on buffering the residential area south of 49th Avenue. 6. The topography of the site is fiat, about six feet above the adjacent wetland, with few trees. The original Englund Graphics building was constructed in 1984, with one addition being constructed in 1987 and this being the second addition. 8. Property owners within 350' of the request have been notified. Planning Case Report 94-27 2 September 30, 1994 ANALYSIS Staff considers this a routine site and building plan review request, as no variances are required and all setback requirements and other standards are met. Staff does not find that any problems are introduced with this request, as the business has little trucking and no odors or noise, making it a good match to the residential area across the street. 2. Site and building data is as follows: Area of Site = Existing Building Area = Proposed Addition Area = TOTAL AREA 96,900 square feet (2.2 acres) 14,550 square feet 2,718 square feet 17,268 square feet Existing Parking Additional New Parking TOTAL PARKING 51 cars 22 cars 73 cars (49-9' x 20' + 2-12' x 20' handicapped) (Added 11 at south property line, added 9 at center area, added 2 at northeast) Existing Green Area = Less New Addition = Less New Paving = NEW GREEN AREA 49,260 -2,718 -1,925 44,617 square feet (51% of lot area) square feet (46 % of lot area) Existing Paved Area = Add New Paved Area = NEW PAVED AREA 33,090 square feet (34% of lot area) + 1,925 35,015 square feet (36% of lot area) The Design & Review Committee met with the petitioner on September 15th and issues discussed included: building materials and height of addition, number of shifts/employees, the need for additional parking, landscaping schedule (needed), truck deliveries, refuse storage, roof-top equipment, building and parking lot lighting and signage. Revised plans were submitted as a result of the meeting. 4. The plan details include the following: Ao LandSCaping Schedule Item Mark Quantity_ Size Existing Trees A 4 each 8" dia. Green Ash B 16 each 10' Colorado Blue Spruce C 5 each 12' Norway Pine D 8 each 18" Silver Spreader Juniper E 1 each 3" dia. Canadian Choke Berry F 9 each Aspen Total Existing 43 Planning Case Report 94-27 Item Mark G H Total New Trees 3 September 30, 1994 Quantity Size New Trees 10 each 4' Colorado Blue Spruce 1 each 3" dia. Red Maple 11 All existing walks, curbs and paving remain. Provide new striping at parking areas. New paving at south parking spaces near 49th Avenue. Co Building addition to have facia to match existing building, top portion of building to be painted break-off concrete block to match existing, lower portion to be single score concrete block to match existing; windows to be insulated glass in anodized aluminum frames. D. Inside trash storage shown on plans in existing building. E. New and existing landscaping shown on plans. F. Existing utilities and drainage systems shown on plans. The petitioner indicated at Design & Review that the number of employees has grown to 50, working on two shifts. The Building Official has recommended' that two additional coniferous trees be added between the south parking expansion and the roadway. The City Engineer and Watershed District should review the plans due to the fact that the business is located adjacent to wetlands. RECOMMENDATION Staff recommends approval of the site and building plan review for the requested expansion at Englund Graphics, subject to the following conditions: Additional landscaping (two coniferous trees) be added between new parking area on south and 49th Avenue. 2. City Engineer to review drainage issues and Watershed District, if necessary. Attachments: Topo/Section/Zoning Maps Revised Site Plan Floor Plans Elevations Landscaping Schedule Site & Building Data R-4 NORTH RIDGE CAR[ CENTER ~4 TH. JR HIGH SCHOOL AVE.' ATHLETK: FIELD COOPER HIEH SCHOOL HC)N~RD BOUND ~OCKFO#O' CIVIC CITY HALL POOL PInE 8TATIOi c~?rHGEMMIr CEMETERY R.4 SCHOOL R.4 I-1 500 o TH AVE, 49TH SAULT SAINTE MARIE ST. AVE. HOPE ATHLETIC FIELD AVE ~ TH AVE ~ ZEALAND AVE, FAII~IEW AVE. I AVE. 48 TH AVE 47 TH AVE. X 896.7 894.9 ix 898.9 X 888.4 X 893.8 891,7 42 % o 893.8 X 42 42 . 894 893.,'~ X AVENUE x 893.3 891.7x x 891.7 893.1 x .Ii it f / /' MA-r'C~ bit / : sEP 2 3 FJ94 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HoPE PLANNING CASE REPORT 94-28 Request for a 5' Variance to the Rear Yard Setback Requirement to Allow Construction of a 20' x 20' Garage Addition 30' from the Rear Yard Property Line 4052 Cavell Avenue North 18-118-21-24-0010 R-1 Robert Funk September 30, 1994 October 4, 1994 BACKGROUND The petitioner is requesting a 5 foot variance to the rear yard setback requirement to allow construction of a 20' x 20' garage addition 30 feet from the rear yard property line, pursuant to Sections 4.034(3) and 4.22 - New Hope Code of Ordinances. The petitioner is proposing to construct the 400 square foot garage addition on the rear (east) side of the existing garage; it would be an extension of the existing garage, which is attached to the home. The garage addition would be located 20 feet from the comer side yard property line, similar to the existing garage, and meets the side yard setback requirements. The proposed addition would be located 29.5 feet from the rear yard property line and the rear yard setback requirement in the R-1 Zoning District is 35 feet, therefore, a 5.5 foot variance from the 35 foot rear yard setback requirement is needed. The petitioner states on the application that the addition is needed to keep boats and cars inside so they are not left outdoors. The property is located in an R-l, Single Family Residential Zoning District and the existing structure meets all setback requirements except on the north side yard where the site plan shows the home is located 6 feet from the property line and this is an existing non-conformity. The property, which is located at the northeast intersection of 40 1/2 Avenue North and Cavell Avenue, is surrounded by R-1 single family homes on the north/east/south/west. 8. More indoor parking is provided with the garage addition. The topography of the property is nearly flat, but slopes downward toward the rear property line. There are several trees on the south side of the property near the proposed addition. Planning Case Report 94-28 2 September 30, 1994 10. Property owners within 350' of the request have been notified. Staff have received inquiries from three neighbors who have concerns about the request and they will probably be present at the meeting. ANALYSIS The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make f'mdings that the proposed action will not: B. C. D. E. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. Light and Air. Impair an adequate supply of light and air to adjacent property. Street Connections. Unreasonably increase the congestion in the public street. Public Safety. Increase the danger of fire or endanger the public safety. Property_ Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. The plans show that the garage addition will have lap siding to match the existing structure and asphalt shingles to match existing. The addition will have one window on the south side to match the south window of the existing garage, with a service door to the north. No overhead door will be located on the rear (eas0 wall. Prior to the concerns expressed by the neighbors to the south, staff felt that this was a routine request. The 5.5 foot variance is only a 16 percent reduction from the required setback and is fairly minimal. Many precedents exist for rear yard R-1 variances under 20 percent. The major concerns of the residents who inquired about the request had to do with their site line/views out the front of their homes. The petitioner resides on a corner lot and the garage abuts the north side of 40 1/2 Avenue North. The fronts of the homes located on the south side of 40 1/2 Avenue directly face the garage and the proposed addition. The neighbors complained that the addition will block their views of the rear yards to the north. ?~'~lanning Case Report 94-28 3 September 30, 1994 The Commission will need to determine if the criteria for the granting of a variance are met in this situation or not. While the comments from neighbors should be taken into consideration, the degree of the variance should also be considered. While it could probably be argued that this is not a unique parcel, remember that the petitioner could build a 14 foot addition without a variance. The trend to build three and four car garages has increased in recent years and they do alleviate outdoor storage problems. In addition, the least controversial yard to have a setback variance is the rear. This situation may be unusual because of the comer lot location and the fact that the garage is adjacent to the street. RECOMMENDATION Pending input from the public and the Commission, staff recommends approval of the 5.5 foot variance to the 35 foot rear yard setback requirement to allow the construction of a garage addition, subject to the following condition: 1. Addition building materials to match existing structure. Attachments: Topo/Section/Zoning Maps Site Plan Floor Plan South Elevation Section 4.5 TH .AVE. N. ITE4z~-~ BRETHE CIVIC CENTER PARK ~ ITY HALL TERY l ' }~ GETHSEMANE CEMETERY NORTHWOOD LA. FREE CMURCH ~OaO CIVIC CENTER CITY HALL SWIMMING POOL FIRE STATION R.O R.4 R'S NO ~ GETHSEMANE CEMETERY )0 PARK NORTHWOOO PARK NOI~THWO00 PARK ~ST. JOSEII~'$ R.4 343 AVEN~ 909.5 x 9o6.5 ) 41ST 909.3 905.8 907.6 X043 0 97.8O .9 AVENUE 912. IX X 907.1 X 908.3 NORTH ~.2 w z w I '~ I ii'G" 6'n'E PLAN DECLARATtON C. AV.E'II AVE'. NO. i CERTIFY THAT I AM TIlE PROPERTY OWNER OR OWNER',~,REPRESENTATIVE AND THAT THIS PLAN~S CO);iPLE-[E. AND ACCURATE. SOUTH £1_E¥~-~o~1 Sc~-~ k4"= I'-0~ s~'CT~ ~s ~ = lC,o,, Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-29 Request for a Conditional Use Permit to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center 2703 Winnetka Avenue North 19-118-21-44-0066 B-4 Dave Dahl/Gregg Kegley/Engelsma Investment Limited Partnership September 30, 1994 October 4, 1994 BACKGROUND The petitioners are requesting a Conditional Use Permit to allow a commercial recreation facility (billiard room) at Midland Shopping Center, pursuant to Sections 4.134(6) and 4.21 - New Hope Code of Ordinances. The petitioner is requesting to allow the conditional use of a billiard room in an 8,800 square foot leased space at Midland Shopping Center in the area adjacent to and just north of Cinema 'N' Drafthouse. The petitioner has revised their initial request from a 24-hour operation to 11:00 a.m. to 4:00 a.m. 3. In addition to the rental of billiard tables, other services to be offered include: A. Retail: B. Pro Shop: C. Food: D. Video: Customers will be able to purchase billiard accessories, cues, shirts, caps, jackets, sweat shirts, etc. Customer will bring their cues to have them cleaned, re-tipped and repaired. A clothing service will enable us to go to a customer's home and recloth their pool table. Pizza (frozen), chips, pretzels, candy bars, fruit juices, and soda. Dart machines, video games, and juke box will offer an alternative sport to our customers and entertain them while waiting for a table to become available. The proposed billiard entertainment facility will contain 29 tables (two different sizes) and focus on leagues and tournaments. House rules state that anyone under the age of 15 must be accompanied by an adult. No alcohol is allowed on the premises. The petitioner states on the application that the granting of this request will enhance the business activity and customer traffic within the area increasing the marketability of surrounding retail leasable space. Planning Case Report 94-29 September 30, 1994 Kraus-Anderson Realty, owner of Midland Center, states in the enclosed letter that "a business of this nature would be complementary to the existing theater and serve as an additional traffic draw to the center, creating a more stable economic environment for the other tenants." The petitioner has submitted detailed information regarding billiard operations -- please refer to the attached materials. This property is zoned as B4, Community Business, Zoning District. Surrounding land uses and zoning include R-2 duplexes to the north; Residential/Office, B-1 and B-3, Business/Auto and R-4 (apartments) zoning to the east across Winnetka Avenue; R-O zoning (Ambassador Nursing Home) to the west; and Golden Valley/residential across Medicine Lake Road to the south. In the Comprehensive Plan, traffic concerns were noted in this area (District//27) due to the shopping center, however, upgrades to both County Roads have eliminated most concerns and improved pedestrian access. 10. The shopping center use was approved as a PUD and parking was based on a variety of tenant uses. The center has 250 spaces available and staff finds that this is adequate. 11. The topography of the site is flat, with little landscaping, with a steep hill ascending at the northwest comer. 12. Property owners within 350' of the request have been notified and staff have received no comments from the public on this request, however, the Police Department has expressed concerns about the use and proposed hours. ANALYSIS The City Code defines "commercial recreation" as a "bowling alley, golf, pool hail, dance hall, skating, trampoline, and similar uses," therefore staff has categorized this request as a commerciai recreationai use. Commercial Recreation Facilities are allowed in the B-4 Zoning District as a conditional use provided that specific conditions are met. The purpose of a Conditionai Use Permit is to provide the City with a reasonable and legaily 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 shail deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Planning Case Report 94-29 3 September 30, 1994 Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: Bo C. D. E. 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: In Business Districts, B-l, B-2, B-3, B-4: a. Traffic. The proposed use will not cause traffic hazards or congestion. b. Nearby Residences. Adjacent residentially zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. c. Effect on Other Businesses. Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of unduly heavy non-shopping traffic or general unsightliness. In addition to the above listed general CUP criteria, the specific criteria for a commercial recreational facility in a B-4 Zoning District are: Bo Access. The site of the proposed use has direct access to an arterial street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial street, and Proximity to Residential. The outside perimeter of the site, as legally described is, 150 feet or more from the boundary of a residential zoning classification, or Compatibility. The primary recreational facilities are enclosed such that the architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment to property values or constitute a blighting influence. Screening from Residential. Parking areas shall be screened form view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at curb line. Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. Lightin~ Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. Planning Case Report 94-29 4 September 30, 1994 Go Surfacing. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. The Design & Review Committee met with the petitioner on September 15th. The majority of the discussion focused on hours of operation, but other issues discussed included: interior layout of facility, food/beverage service, signage, trash receptacles/dumpsters, house rules, Police Department concerns re: loitering, etc., number of employees and shopping center fire sprinkler system. Revised plans were submitted as a result of the meeting which show emergency exits, front sidewalk trash containers, location of new dumpster enclosure at rear of building, table rental/ refreshment counter, and video game area. o The Police Department has prepared the enclosed report describing past and present billiard operations in the New Hope area from their perspective. The Police Department is concerned about the 4:00 a.m. revised closing schedule and feels that the closing time should be more compatible with other New Hope recreation facilities. 9. Staff checked the closing times of other New Hope recreation facilities for your information: New Hope Bowl U.S. Swim & Fitness Cinema 'N' Drafthouse Monday - Saturday Sunday Monday - Thursday Friday Saturday - Sunday 1:00 a.m. 12:00 a.m. 12:00 a.m. 10:00 p.m. 10:00 p.m. Last show starts at 9:45 p.m. 10. While the Zoning Code does not state specific closing hours for billiard rooms, the City Attorney has prepared the enclosed opinion regarding whether the City can regulate the hours of operation for a pool hall located in the B-4 Zoning District. He states that the City does have the authority to regulate the hours of operation based on State Statute and based on the CUP general requirements criteria. 11. Based on the concerns of the Police Department, the opinion of the City Attorney and the survey of hours of existing commercial recreational facilities, staff is recommending the following closing hours for this facility: Monday - Friday Saturday - Sunday 12:00 a.m. 1:00 a.m. 12. Besides the "hours of operation" issue, other concerns include loitering, littering, noisy gatherings and impact on property values. These issues can be resolved by a carefully Planning Case Report 94-29 5 September 30, 1994 operated business. The reference letters submitted are very positive and the petitioner has submitted a strict set of "house rules". 13. The petitioners submitted the following responses to concerns raised at the Design & Review meeting: The outside trash containers would be located on the sidewalk in the front of the building and the dumpster would be enclosed in the back of the building. Both are indicated on the new set of plans. We have also spoken to Kraus-Anderson regarding new enclosures for the dumpsters in the rear of the building. Regarding controls during school hours and after curfews, we spoke to Mr. Kastanos, your Chief of Police, and have come up with the following: At 10:00 p.m. and at 12:00 a.m. a curfew notice will be announced over our public address system, informing, on the behalf of On Cue Billiards and the City of New Hope, anyone under the required ages must leave the premises. Identification checks will be made of anyone who doesn't appear to meet the required ages. During truancy hours, we would also ask anyone under the age of 18 years to produce a school schedule showing they are in fact not truant. Co Unsupervised youth: We have included in our House Rules that anyone under the age of 15 must be accompanied by an adult. Loitering outside: After our conversation with Mr. Kastanos, we also consulted Kraus- Anderson regarding tiffs issue. They, as owners of the Midland Shopping Center, have given us permission to control loitering on their behalf in the parking lot. We plan to have a constant check of our parking lot throughout business hours. Eo What customers would need late night hours: Through the House Rules and New Hope City curfew law, we have eliminated all youths under 18 years of age. We are now concentrating on an adult crowd. We have found most customers who take advantage of the later night hours are serious billiard players that don't want as many distractions. There are also people who work 2nd and 3rd shifts and their hours of work/sleeping don't fall into the norm. College student's hours vary and this sport offers them an alternative. Fo We have also revised our initial request from a 24 hour operation to 11:00 a.m. to 4:00 a.m. Please review the attached summary of other Billiard Room hours. Considering the summary of competing Billiard room hours, we are requesting the "normal" hours of operation. Planning Case Report 94-29 6 September 30, 1994 RECOMMENDATION Subject to input from the Commission and the public, staff recommends approval of the conditional use permit to allow a commercial recreation facility (billiard room) at Midland Shopping Center, subject to the following conditions: 1. Hours of operation limited to: Monday - Friday 12:00 a.m. Saturday - Sunday 1:00 a.m. 2. Obtain appropriate business license from City Clerk with approval by City Council. 3. Annual review by City staff. 4. No significant incidence of Police Department calls to the businesses or Midland Center. 5. Two heavy, secured trash receptacles installed on sidewalk near front entry, per plan. 6. Screened trash dumpster to be installed in rear of property, per plan. 7. All signage to comply with Midland Center Comprehensive Sign Plan. 8. Property owner: A. To re-evaluate parking lot lighting for phased improvement to shield lights from residential areas and street and submit plan to staff within six months. B. To evaluate assortment of trash dumpster screenings and submit plan to comply with City Code. C. To complete automatic fn:e sprinkler system in building, per previous order, within 6 - 12 month period. Attachments: Topo/Zoning/Section Maps Site Plan Floor Plan On Cue Billiards Information Response to Concerns House Rules Services to be Offered Articles Letters of Reference City Attorney Letter re: Regulation of Hours Police Department Memo re: Billiard Parlors in New Hope Area New Hope Curfew Ordinance CATHOLIC CHURCH B-4 SON#ESY# ELEMENTARY SCHOOL HIDDEN VALLEY R.4 SUNNy LEGEND ' ~ITIAL R- I LY RESIDENTIAL R-P IDENTIAL R-$ NTIAL ~IDENTIAL. R- 5 ZONING DISTRICT MAP CITY of NEW HOPE NgMTHEMN ' DMIVE ~...=., ~~ 30TH ~ - ~0 H AVl N. ;5OTH AV N. AVE vIEWCREST LANE TERRA L~ND& t ~Of eT~. ~7ot TO ~mmmmmmmmmmmmmmlmm~aEOlCmN[a LAKE ~ ROAD ~ 919.4 9/ 905.8 X 920.8 925 5 912.2 · X 911.4 91 911.8 911.1 ×¢ 9! A/ NORTH '00 XJ."I¥:~U NO~LI:~C]N¥-GNVMN k _ _ J I .... ~ U U L_J L_J I___~ I1 q I J I I t .... J I_ _ _ _1 I i I I L ..... J I ..... J ~ I I I i .... J L_ __ J L____ I- - -' i .... I I I__.1 I I r- -i I .... I I I .... I L__I , 1 .... I I--3 I I ' .... { I I { .... I L__I L____I I I I I L_- ~--- --I I [___~ 00~ f On Cue 9/22/94 Dear City of New Hope Planning Commission, The following is our response to you concerns at the informal Design - Review meeting on 9/15/94: 1. The outside trash containers would be located on the sidewalk in the front of the building and the dumpster would be enclosed in the back of the building. Both are indicated on the new set of plans. We have also spoken to Kraus-Anderson regarding new enclosures for the dumpsters in the rear of the building. 2. Regarding controls during school hours and after curfews, we spoke to Mr. Kastanos, your Chief of Police, and have come up with the following: At 10:00 p.m. and at 12:00 a.m. a curfew notice will be announced over our public address system, informing, on the behalf of On Cue Billiards and the City of New Hope, anyone under the required ages must leave the premises. Identifications checks will be made of anyone who doesn't appear to meet the required ages. During truancy hours, we would also ask anyone under the age of 18 years to produce a school schedule showing they are in fact not truant. 3. What about unsupervised youth? We have included in our House Rules that any one under the age of 15 must be accompanied by an adult. 4. Will loitering outside occur? After our conversation with Mr. Kastanos, we also consulted Kraus-Anderson regarding this issue. They, as owners of the Midland Shopping Center, have given us permission to control loitering on their behalf in the parking lot. We plan to have a constant check of our parking lot throughout business hours. 5. What customers would need late night hours? Through the House Rules and New Hope City curfew law, we have eliminated all youths under 18 years of age. We are now concentrating on an adult crowd. We have found most customers who take advantage of the later night hours are serious billiard players that don't want as many distractions. There are also people who work 2nd and 3rd shifts and their hours of work / sleeping don't fall into the norm. College student's hours vary and this sport offers them an alternative. 6. We have also revised our initial request from a 24 hours operation to 11:00 a.m. to 4:00 a.m. Please review the attached summary of other Billiard Room hours. Considering the summary of competing Billiard room hours, we are requesting the "normal" hours of operation. After consideration of this information, please contact us if we can answer any further questions. CURRENT LIST OF PROPRIETOR'S ADDRESS C R BILLIARDS 113 85th Ave. NW Coon Rapids, MN CROWN BILLIARDS 8078 Morgan Circle Bloomington, MN DOC'S BOHEMIAN CUE 8465 NE Plaza Blvd. Spring Lake Park, MN SHOOTERS BILLIARDS 11939 West River Hills Dr. Bumsville, MN UNIVERSITY BILLIARDS 7178 University Av. NE Fridley, MN TELEPHONE 780-1585 Jerry Johnson (owner) 884-5117 John Alexis (co-owner) Jimmy Wetch (co-owner) 780-9944 Doc (owner) 894-1100 Craig Zoschke (owner) 574-1399 Ty Wilson (owner) HOURS OF OPERATION Sun-Sat 1 lam-6am Sun-Sat 11 am-4am Sun-Thur 12pm-2am Fri-Sat 12pm-4am Sun-Sat 1 lam-4am Sun-Sat 11 am-6am HOUSE RULES No smoking by anyone under 18 years of age. No loitering on premises or parking lot. All persons under 15 years of age must leave the premises by 10:00 pm. All persons under 18 years of age must leave the premises by 12:00 am. No swearing or loud abusive language. No setting drinks on pool tables. No setting cigarettes on pool tables ( use ash trays ). No alcohol or drugs allowed on premises. No sitting on pool tables. All children under 15 years of age must be accompanied by an adult. No jump or masse shots. No outside food or beverages allowed. No group colors or apparel. Must have shirts and shoes on for service. No destructive behavior. Please be curteous to all other players. Please use trash receptacles. Please respect all other people and other retailers when leaving. I I I I I I I I I I I I ! I I I I ! FORWARD Of all sports and leisure activities, Billiards has one of the brightest futures. It can be played as a game of sport, allowing easy access to both fun and serious customers. As the population grows older their will be subtle shift from the more strenuous sports toward non-contact, no perspiration sports. The trend of women becoming more involved in sports and entertainment perfectly matches the sport. It's one of the few where physical size and strength are unimportant. With proper instruction and promotion, most people find pool becomes an obsession. It is, quite simply, a wonderful sport, game and business. i WHAT IS A BILLIARD ROOM? A place where people of all ages can come and enjoy billiards and improve their skills. A clean, safe enviromnent where people will want to spend their entertainment dollars. A place where the younger generation can have fun with their friends and not be on the street or loitering. Males and females can compete on an equal level. Physical size doesn't determine the level of skill.. A place where other New Hope merchants consider you an asset to the enhancement of their business. WHAT SERVICES WILL BE OFFERED? Even though most of the business income will be generated through the rental of pool tables we will also offer additional support services that will enhance the Billiard room: 1. Retail: Customers will be able to purchase billiard accessories, cues, shirts, caps, jackets, sweat shirts, etc. 2. Pro Shop: Customers will bring their cues to have them cleaned, re-tipped and repaired. A clothing service will enable us to go to a customer's home and recloth their pool table. 3. Food: Pizza (frozen), chips, pretzels, candy bars, fruit juices, and soda. 4. Video: Dart machines, video games, and juke box, will offer an altemative sport to our customers and entertain them while waiting for a table to become available. GENERAL QUESTIONS AND ANSWERS. 1 I ! ! II ! ! ! I1 1 I Ii Ii Who will be our customers and where will they come from? Statistics show that about 80% of our clientele will be within 5 miles of our location. Approximately 60 % will be married. 69% will be over 35 years of age. The largest age group is between 36-49 equaling about 42%. Females make up about 30% of billiard players. What will be the approximate capacity during any one time? There will be approximately 30 tables with an average of two at a table and up to 10 waiting. How will this business contribute to the community? It will offer a clean safe alternative type of entertainment. It will give our younger generation an activity off the street. Provide seniors a new option for recreation. Bring in new clientele for other surrounding businesses. Offer new employment opportunities ( three full time employees and 5 part time employees). What will the hours of operation be? A 24 hour a day operation will allow us to service all clientele's needs: Work schedules High school and college hours Family schedules League play Tournament play How would you consider handling truancy concerns and parking lot loitering. The clientele we are after are not the social problems of our society. In fact, it is just the opposite. In order to be successful, we must immediately establish what our guidelines will be. During school hours, there will be a constant identification check of customers to comply with truancy concerns and local curfews. A constant patrol of the parking lot by a manager to prevent loitering. LEA GUES/T OU RNA MEN TS TOURNAMENTS Realizing the advantages of established competitive play., 75.4% of the rooms surveyed hold tournaments in their billiard room. 70.0% of the rooms that hold tournaments use a handicapping system. LEAGUES 63.3% of the survey group have local leagues that play in their room. The average billiard room designates 2.2 nights per week for league play. On average, a local league has 71.3 individual players among its ranks. Of those that specified, 57.9% are in-house leagues and 39.4% are traveling leagues. 53% of those surveyed reported using some type of league system using one or more of the following types of league systems; BCA, Busch, Valley, IJSPPA or NPBA. Of those proprietors reporting leagues, 39% held nine-ball tournaments exclusively and 7% held eight-ball tournaments exclusively. In the same group, 50% reported holding tournaments in both games. · Six reported participation in the Junior Tourney. Billiard Congress of America · 1700 S. 1 st Avenue · Iowa City ° Iowa · 52240 Thanks to the return of family entertainment and the insurgence of pool as a "yuppy" pastime, billiards has become one of the fastest growing sports in America. In 1991, over 39 million Americans enjoyed the sport of pocket billiards, this compares to just 21.5 million in 1984. ! · Since 1987, the number of NEW PARTICIPANTS has increased 26%. · This year more people in this country will play pool (pocket billiards) than tennisl golf, football, softball, volleyball or soccer. Overall, billiards now ranks among the top ten participation sports in the country according to recent polls by GALLUP, THE NATIONAL SPORTING GOODS ASSOCIATION, and THE BILLIARD & BOWLING INSTrrIYrE OF AMERICA. · Women represent one third (33 percent) of all pool players in this country according to the BBIA. · A total of$2 BILLION was spent in 1989inallbilliardrelatedareasaccordingtoBCAestimates. According to the Billiard Congress of America, 120,000 billiard tables were sold in 1989. · Multi-million dollar pool rooms have been popping up across the country in the past five years. · According to BUSINESS WEEK magazine, billiards is "in" for the 1990's. The average pool room realizes $284, 080 in total revenue per year. POOL IS COOL! The new generation of old-fashioned entertainment Celebrities such as Michael J. Fox, David Brenner, Madonna and Eddie Murphy, Roseanne Bart and Randy Travis have all picked up on the cue as have corporate heads such as Peter Stroh and Lee Iacocca. As LOS ANGELES MAGAZINE wrote "It's cool to play pool again." Pool has popped up in movies such as THREE MEN AND A BABY, BULL DURHAM, and ROXANNE; television series such as SATURDAY NIGHT LIVH, CHEERS, and THIRTY SOMETHING; and in countless commercials for companies such as NESTLE'S, HANES PANTYHOSE, SOLOFLEX, MAYBELLINE, DR. PEPPER, SPRITE, TACO BELL, LEVI'S JEANS, RCA, JORDACHE JEANS, CHILDREN'S PANADOL, 7-UP, CERTS, and RALPH LAUREN among others. · And as reported in TIME and NEWSWEEK, "Pool has gone Upscale!' Pool is now the favorite pastime of the "yuppy' crowd in major metropolitans such as NYC, LA, Boston, Atlanta, Dallas and Chicago. Billi~rd Congress of America 1700S. lstAvenue lowaClty, lowa52240 (319) 351-2112 Yo v K vo w. .. ! ! ! ! ! ! I ! I I I · Billiards is a tough game to comer. It's appeal knows no limits. It cuts across every demographic group. Men and women, young and old, rich and poor all play the game with equal passion. Billiards is the type of game you can pick up in an hour yet spend the rest of your life learning to play. It foolsyou with it's simplicity, tricks you with it's magic and hooks you with its unerring elegance and beauty. For centuries billiards has been called "The Sport of Kings." Shakespeare mentioned the game in his writings. American Presidents from Washington and Jefferson to Grant and Roosevelt put tables in the White House. And Mark Twain even made it a part of every man's education. For many Americans, the game has an undeniable appeal. Men and women can compete on an equal basis and do so in ever-growing numbers. Strategy, concentration and a good eye mark a skilled player, not size or strength. With billiards, fact and fiction mix freely. The truth is billiards has become one of the fastest growing sports in America with over 30 million active participants. "Pool is cool" among leading celebrities such as Eddie Murphy, Michael J. Fox, David Bowie, Danny DeVito, Sean Penn, Madonna, Tom Cruise and Paul Newman, Luther Vandross and Randy Travis, all of whom play on a regular basis. · Billiards has become somewhat of a "yuppy" pastime. Posh, upscale rooms are opening across the U.S. offering a luxurious playing atmosphere. · The game has a strong following among young people. Over the years, child "stars" like Jean Balukas have shown that pool is a fantastic sport for kids. · Billiards is taught at numerous colleges and universities and has been merited as an excellent way to demons~ate the principles of physics and geometry. · Several hospitals use billiards as a rehabilitation tool, improving eye/hand coordination, mental concen tration and agility. · As America ages, the number of senior citizens playing pool is also rising. Almost every senior center in this country has at least one pool table within its confines. Billiard Congress of America 1700 S. 1st AvenUe Iowa City, Iowa 52240 (319) 351-2112 II Pool & Billiard Magazine's 199t Player Fan Poll reveals valuable information on FREQUENT PLAYERS MORE MARRIED PEOPLE PLAY 1991 1990 1989 REGULARLY Married Single 60% 40% 58% 42% 65% 35% MOST ARE BETWEEN 36 & 49 YEAR OLD 1991 1990 1989 18-25 26-35 36-49 50-64 65+ 11% 18% 42% 20% 7% 11% 17% 45% 16% 11% 11% 18% 54% 9% 8% MOST PLAY MORE THAN ONCE A WEEK '91 '90 '89 More Than One to Four Less Than Once A Week Times a Week Monthly 94% 3% 3% 89% 8% 3% 93% 7% --- WHERE PLAYERS PLAY Billiard Tavern Home Club Center Lounge Table School 1991 37% 27% 28% 8% 1990 43% 15% 37% 5% 1989 39% 19% 37% 5% Sports Illustrated Sports Poll '91 finds BILLIARDS IN TOP 10 Participated In The Past 12 Months Men Women Swimming 48% 43% Fishing 41 24 Bicycling 35 33 Using exemise machines 34 33 Baseball/softball 33 17 Pool/billiards 31 17 Weight lifting 29 10 Bowling 27 26 Jogging 27 20 Basketball 27 11 Hunting 27 ' 8 Hiking/backpacking 24 19 Boating (except sailing) 24 18 Golf 24 8 Football 19 5 Volleyball 18 18 Calisthenics/aerobics 16 32 Tennis 11 11 Water skiing '..' 11 8 Snow skiing. 11 7 Squash/racquetball 7 3 Snorkeling/scuba diving 7 4 Roller skating 5 13 Horseback riding 5 8 Ice skating 5 8 Soccer 5 3 Sailing 4 4 Auto racing 4 3 Wrestling 4 2 Track and field meet 3 : 3 Handball 2 1 Boxing 2 1 Ice hockey 2 1 Marathon running I i Courtesy of Pool & Billiard Magazine 0 fl ( ILLIARD HEADLINES NATIONWIDE Itt 1991, Americans Read About Billiards 2.3 Times Every day of The Year/ 24-hour license OK'd '-~ for billiard parlor / ~ [-- ~A~ cen~torO~Cu~Blllla~ 4(750 ~ "t ~4~ ~r~ FK -~,_~ ....... _.~. .ountr cl · · · ~ a~,, ----~ ~, --~ ' · ~, B~ ' ~4~ ~ ~C~ v ,.~ ts ~tl ....... ~ ...... cue ~ ~ ........... ~ ~_, ~~~ · --,~ ofter new a~ ,/:~.~.,~;:~..,...:~,~,, ~.:.~.?~,-~.~..~.,. ~0[ n~[t~o ~_ .............. ' .... ~ ~ thre~ g~mc~g~uon sgo~s Dinah]ed athene brings home o~, ,,,~,~.~,,,, ..,.~...~..,...,?..,.-..,,~. ,.omen resD no ,~,~,.~:..,. a~t~ :~.~ ~ ~ =, ,:,,~??,.,,.~,,.., ~ . ~... ~, o,~,., ~' c~ ' ' * _..,~ . ._ .. ~.~.~..,,. ..=.. ~,.~.~.~.,,.._ p ol hall tren , ~"~ ~':';Z.~-.. '* ~:. "~, . O30~o "-~ve.. By ~ul rubin game lo recr~mion.l women · ,~'~' ~:"- '~ ..... L~'~Y~ :"~-, ~- ~ -'-~ ........ ~a-e~ ......... · ~~.. - ~t~. ,3, '~- ~ ~~ &2~--~'.~ .~- ~~ --~;F~wither - w~.~.~,,. ..... ' ~Jl I~ i ~1 -- . ~v ~,~*~[~ ~llJ ~ (.~ ~-[~ ,___ ~ --~ --~. ~ --VI I ~ ~ f itt- ' -'~- ~*'~'~ '~ ~/~ H ~%~% .N. ~ gir$ m ~lng ~ like y~ ~ .... haleru ~Y~. _ 1 J ~he). /or a .tan to be up... OAL~S that is die.ds n~2[~~ T king = new mage on cue ' d f~ m b~. . . )nglimc ~o~ s~.a~ hou,s Cue From C~e is lea~g smoke-filled moms ....... Man R ~'"'"" ~[~. ~-~"~ ~'a ~. .. ' .... ~ - ,rt,,(~ tog ~e -,,.- .~ ~X al image transformation. t ~ ,~. ' g~OS~ 0f ,:~f, · ~ ' ek, qiu& r~m m~ Artist ~r~ L~o'i ~ow : · ~ ~ ~ tt.mu~o. ~ t ............ i {~ ~ c No longer is ~1 for ..... ,.,., ...... ~... puts emphas~s on family e~ start ltroer - ._ ,.<,,o~ Ali-Star Billiards owners aim ~~,~ ~,,..~ /P°ol hall pockets OK · -:==~-. to rack up an upscale clientele from San Marcos panel =~-. I BILLIARDS: Arm PE~ ~e~ ~ Cour~es~ of Billiard' Congress of America .-,~..ff~,~/~f,a. .~ ........ . ,COOL HALLS By David Plotnikoff Mercury News Entertainment. Writer FORGET SLEA7~:; ~--~ ANNY M~rty is up in pool- hustler's heaven now. And it's probably a good thing, too. You see, Danny was the most notorious ta- Ne-shark in the history of San Francis- co. He was of the old school -- a liie- time hustler who had a few'early bouts with honest work and quickly dismissed it as "an invasion of. my privacy." If Danny could see what ha.q happened to his beloved game recently, why, he'd probably keel right over on the felt. Burgundy-colored tables?. Espresso machines.* Wine barn? Private salons? Non-smoking areas? Fine art exhibit.s? Oh, Danny -- I gotta tell ya -- it's a whole new game. The new generation of billiard parlors (call them pool hails if you must) are a CLASSY AND IN. SAY GOODBYE, ~SOTA FATS world away from the smoke-filled dens of iniquity your mother used to warn you about. The floor-spitting, cigar- sucking Mustache Peres looking for a friendly dollar-a-point game have been replaced by chardonnay-sipping young professionals looking for an alternative The current billiard boom began three years ago in New York and Boston, in the wake of the smash film 'The Color of Money." The Billiard and Bowling lrtedtute of America boasts that pool is now the fifth most popular participatory sport in the country. According to the industry group, almost 39 million Amer- icans picked' up a cue at least once last year. In the Bay Area, four "nouveau pool" facilities -- three in San Francis- co and one just across the Bay Bridge in Emeryville -- have opened in the last year and a half. Each club is using a combination of pricey nightclub decor[ fancy equipment and foed- and-drink service to lure a new breed of P°°l player -- a younger, hipper, more refined player who demands good service and crea- ture comforts and ks willing to pay for them. This new player may sound suspiciously like a yuppie -- but each of these clubs shies away from the Y-word as readily as old Danny McGoorty shied away from work. Kar~n T. Botchers -- Mercury News Tom Wu and Monique DeMonet sink a few shots at South Beach . October il. 1991 San Jose Mercury News Courtesy of Billiard Congress of America mi Pool now cool good, clean fun By Bob Duca STAFF SPORTS wRITER Jackic Gleason's piclure hangs on the wall of The Billiaal Room in Hyannis. For many people, lhe 1961 movie "Tile Hustler," in which Gleason portrayed Minnesota Faks, is what pool halls are about: Dark. dingy, dangerous places where smoke fills the air and shady men with two- piece sticks hustle cocky kids who are no- ~vhcre near as good as they think. For the longest time, that was a fairly accu- rate portrayel. Women did not frequent pool hails. Neither did families. It was not a place to lake a date. either. "(Pool ha{Is) really had a bad rap," said Mike Zaia, owner of'i':he Billiurd Room on Roule 28 in Hyannis. His place has a bright, st,rmV almosphcre. Fill}lards h."t'; long been a sport mired in a kind of class war. The Encyclopedia Britan- nica describes the sport this way: "Coast- tiered a game of great prestige, finn billiard tables are frequently present in tim m,a,,,t ele- gant homes of tile world. At the same time, billiards is considered in many places to be a ve~' low-clmss game with a most unfortunate reputation." And that reputation was costly. Billiard~ v,,hmh Iraces ils origins lo France in tt~e mid- 15th century., nearly died as a recreational sport over the past two decades. In 1925. there were an estimated 42.000 billiard halls in the Untied States. By 1951. that number had dropped to 8.500. Just 10 years ago. Ihere were only a handful lelt in New England "Il all hal disappeared," says Zaiu. "Bul d,e pool hall owners are bringing il back by promotin~ it." Times have changed. Owners rarely call their establishments pool halls anymore. They are billiard parlor's now. Classier. The majority do not serve alcohol and some have an.smoking sections. The rooms are well- lighted, carpeted and the music is kept Iow. And there are rules, among them no gam- hling, no swearing and no lorn jeans or tank- lops. "We have slrict rules and we enforce Ihem." says Chris Coloia, manager of Classic Billiards on Long Pond Dcive in South Yar- muulh. "Gamhling has always been a big pat1 of the sport, good and bad. But we won't lolerale it. "The old smoke-filled, belling, gambling pool hall is a thing of Ihe pasl.' he says. "That reputalion had a Iol to do with why it almost went out of style." There are now 9~ billiard halls in New Eh§land. according to "All About Pool in New Entland" magazine. ~Ath The Billiard R~c,n an-d Classic Billiards being the only two on Cape Cod. The Billiard Room, which has 20 tables, opened in July 1989 and Clas- Courtesy TIMES PHOTO ~11~ STEPHEN ROSE Madene V~lder shoots a game ol billiax~s at Glassic 0illiarcls in South Yarmouth. wail a half-hour to get back on the table," sic Billiards (14 tables) opened last August. It Cotoia says. is estimated that more than 500,0:00 homes Billiard halls are more conducive to lam- in North America now have billiard tables in- ilies. It's Iow-cost entertainment and as ZaJa stnlled in family or recreation rooms, accord- p°ints oul. "The non-alcoholic atmosphere ing to the Encyclopedia Britannica. makes a big difference. You don't have to Zaia hopes to expand to Falmouth in the deal with the drunks." next ),ear, allhough town by-laws currently Tile Billiard Room offers a senior citizens discount and is hoping to form leagues in the prohibit billiard halls. Classic Billiards owner future. Classic Billlntds has four short slicks Robert Wilkins is onenin~ a hall in Orleans later this month, designed for children a.d also offers mixed It's being promoted as family enlertain- leagues, nine-ball and eight.hall tOurnaments meal. In Boston. billiards recently overtook and ladies night. Families are welcome, but bowling as the most popular recreational at many halls, including Classic llilliards. sport children under 18 must either be accompa- As Ihe numbers suggest, there clearly is a hied by an adult or have a signed consent billiards boom. Ilow far along it is and how card. which is kept on file. far it will go is anybody's guess. Billiard halls are looking for respect. "1 would .say it's in Ihe midway stage right "People want a nice, clean place to go Io," now," Cotoia said. Cotoia says. "One of tile keys to its success is Billiard halls present obvious advantages tile change in attitude toward drinking. over playing in a bar. Tables are rented by That's a big parl of it. People aren't going out the hour, at an average of $7.50, so a player and getting drunk. 'Fhcy aren't going to bars does riot need to win to keep playing, us much. This provides an alternative form "In a bar, if you Ios~, you might have to of entertainment." of Bi 11 iard Congress of Amevica ~,,,~,,,. City of Eden Prairie City Offices 8080 Mitchell Road · Eden Prairie, MN 55344-2230 Phone (612) 949-8300 · TDD (612) 949-8399 · Fax (612) 949-8390 September 23, 1994 Planning Commission City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: David Dahl Cue Billiards Dear Planning Commission Members: David Dahl is looking for an opportunity to open a billiard business in your community. You can be assured that David will always be an asset to any community he lives or works in. I have known David for eleven years, and we have also officed together. He is a very ethical and professional individual. If you wish to call me to discuss anything further, please contact me at 927-1100. Thank you for your consideration. Sincerely, Patricia Pidcock Acting Mayor of Eden Prairie PP:jdp Recycled Paper T~ "Quite Simply the Best" JERRY LINKE Phone: (612) 784-3055 Fax: (612) 784-3462 September 21, 1994 Mr. Dahl: In response to your request regarding the hours of operation for businesses within the city of Mounds View, which may impact either city residents or City operations, it has been the practice to issue a Conditional Use Permit with the stipulation that gives the city one (1) year to hold a hearing on the hours if any major problems arise. This stipulation or condition allows the city to review the operations and if a problem is found, then the city can require a change in the hours of operation. I have found that this is a very effective way of giving the operator the benefit of showing the city and its residents that he/she'can be a good neighbor and a benefit to the community. This method removes all of~the politics and hysteria from the decision-making process. Sincerely, CITY OF MOUNDS VIEW Mayor JL/mjs 2401 Highway 10 · Mounds View, MN 55112,1499 recycled paper KR US-ANDERSON REALTY COMPANY Development · Leasing · Management September 23, 1994 To the City of New Hope Planning Commission 4401 Xylon Avenue North New Hope, MN 55428 Dear City Planners: I have been working with Dave Dahl and Gregg Kegly for approximately three months negotiating a lease at Midland Shopping Center for an 8,800 square foot Billiard Room. During this period these two gentlemen have impressed me with their organized and thorough approach in planning a business of this sort. They have researched the business and seem to be approaching it with common sense and foresight. I feel comfortable with their intentions of operating a first class Billiard Room and that they will work diligently towards a clean and well run business. Their financial references are impeccable and they are investing a lot of their personal money as well as their time into this venture. It is my feeling, that a business of this nature would be complementary to the existing theatre and serve as an additional traffic draw to the center, creating a more stable economic environment for the other tenants. Sincerely, KRAUS-ANDERSON REALTY COMPANY Catherine C. Faegre Leasing Specialist CCF/vp 523 South Eighth Street · Minneapolis, MN 55404-1078 ° 612/332-1241 ° FAX 612/332-8940 September 23, 1994 City Planners City of New Hope 4401 Xylon Ave. North New Hope, MN 55428 Re: Mr. David Dahl On Cue Billiards Dear City Planners: I understand that Dave Dahl is looking for the opportunity to open a billiards room in your city. I have known Dave for sometime and we have done business together. I find his ethical approach to business to be very professional. I would look at Dave opening a business in your community to be an asset. If you would care to discuss this further, please contact me personally. Rely' _~ 'S-on±or V£ce/Resident Manager Dain Bosworth, Inc. 6600 France hve. $, Suite 25O Edina, MN 55435 {612) 925-7020 6600 FRANCE AVENUE SOUTH, SUITE 250 / EDINA, MN 55435-1899 612-925-7000 / TOLL FREE: 1-800-888-32.46 Member New York Stock fxchanp, e, lac. W.J. SUTHERLAND & ASSOCIATES, INC. CONSULTING ENGINEERS September 23, 1994 city Planners city of New Hope 4401 Xylon Ave. North New Hope, MN 55428 RE: Mr. David Dahl On Cue Billiards Dear City Planners: Dave Dahl has recently informed me that he is pursuing the opportunity of opening a billiards establishment in your city. I met Dave sometime ago through hisReal Estate occupation and found his honest and ethical approach to business very professional and refreshing. Our relationship has grown from one of business to personal in nature. It has become very apparent to me that Dave is committed to all of his endeavors and would certainly be an asset to your community. If you would care to discuss this further, please contact me- personally. Yours very truly, W. J. SUTHERLAND AND ASSOCIATES, INC Jock Sutherland President JOS/akt 5151 EDINA INDUSTRIAL BLVD SUITE 300 MINNEAPOLIS, MN 55439 OFFICE (612) 831-8086 FAX (612) 831-8454 SKATE &SKI, INC. 208 w. 98th STREET, BLOOMINGTON, MINNESOTA 55420 PHONE (612) 884-1990 · FAX (612) 884-6932 SEP-28-94 ~ED 13:26 ?,02/04 Co~cK & 80~DRALL, P.A. ATTOt~r~y8 AT LAW ~ainburg~ ~xecu~ve 0~ce P~ 8525 ~b:~k Cros~in~ Suite ~203 Broo~yn Park, M~neso~ 55~3 LAI/ONN~ E. ~$KE SHa~qON O. O~RS¥ September 28, 1994 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Pool Ha]] Regulations/Hours of Operation Our File No: 99,29429 Dear Kirk: In our recent telephone conversations you have informed me that a pool hall conditional use Permit application for the Midland Shopping Cents, ha~ been submitted to the City. The applicant has apparently requested a 24 hour operation. You asked the following question: Can the City regulate the hours of operation for a po01 hall located in the 6-4 Zoning District? Zt ig my opinion the City has the authority to regulate hours operation based on the fo3low~ng rationale. As we discussed, a pool hall is defined by the New Hope Zon~n9 Code as a commergial recreational use. (See New Hope COde ~4.022(23)). Commercial recreational facilities such as po~l halls are pe~mitted conditional uses in the B-4 Zoning D~striote. (See New Hope Code ~4.134(6)). A review of the commercial recreation facilities CUP ordinance does reveal an absence of any regulation governing hours of operation. Some consider&t~on should be 9ivan to the inclusion of an hours of operation regulation within the 9enera3 ordinance, However, bear In mind that such a regulation would effect commercial recreation faci~itie~ and not just pool halls. Despite the absence of express authority In our Code to regulate pool hall hours of Operation, M.fJ~3.~.~L~ §412.~71 (25) gives the City express authority to prevent or license and regulate the keepin~ of billiard tab,es. (See copy of statute enclosed). Th~s statute in conjunction with New HoDs Code §4.212 genera3 requirementa fop CUP app3~cetions g{ves the City the authority to regu3ate poD3 hail hours of operation in my op'inion, , SE?-28-94 WED i3:27 P, 03/~4 ti¸ Mr, Kirk McDonald September 28, 1994 Page 2 All CUP applications must establish compatibility with adjacent land uses and must not adversely affect adjacent residentially zoned land because of noise or other nuisance characteristics. Allowing a 24 hour pool hall operation certainly has the capacity to create noise and other nuisance characteristics which would not be compatible and would have an adverse affect on surrounding commercial and residential land uses. Basically, the potential for increased criminal activity in the parking lot outside of the 24 hour f~lity strongly exists. Noise generated from the use of said parking lot also seems evident. Furthermore, the Planning commission may recommend and the City Council ~ay impose any condition on approval whlmh it ~ons'iders necessary to protect the public health, safety and welfare of the City. Therefore~ a condition no~ specifically set out in our CUP requirements, can be imposed and enforced if it ie sufficiently specific and reasonably related to the protection of health, safety and welfare. (See New Hope Code §4.202(1)(~) and (m) and Mcgee v. City of ~orcora. n, Minnesota Court of Appeals, C0-91-415~ Finance ~ Commerce, November 1, 1991). ~f the C~ty finds an hours of operation regulation is necessary to protect public health, welfare and safety and sa~d finding is factually supported, the condition should be upheld. In summary, ! 'think we need to consider a specific code condition regulating hours of operation of commercial recreational facilities in a B-4 Di~trlct. The City has the power to regulate amusements by state law. However~ even without a specific regulation, it is my opinion we can impose an hours of operation condition on a pool ha~ recreational use in the Midland Shopping Center. P~ease contact me i~ you have any Guestions. Very truly yours, · teven A. Sondrall slw2 Enclosures cc: Daniel J. Donahue, City Manager SEP-28-94 WED 13:27 P, 04/04 , § 412.221 CITIES, MISTROPOLITANI ARF. AS Suhd. 18. Maming and numbering streets. The council shall have power by ordinance to name or rename the streets and public places of the city and to number or renumber the lots and blocks of the city, or any part thereof. It may make and record a consolidated ptat of the city. Subd. 19. Transient dealers. The council shall have power by ordinance to restrain or license and regulate auctioneers, transient merchants and dealers, hawkers, peddlers, solicitors, and canvassers. Subd. 20. Taxicabs: baggage wagons. The cotmcil shall have power by ordinance to license and regulate baggage wa$ons, dray drivers, taxicabs, and automobile rental agencies and liveries. 8ubd. 1tl. Animals. The council shall have power by ordinance to regu- late the keeping of animals, to restrain their running at large, to authorize their impounding and sale or summary destruction, and to establish pound.% and to license and regulate riding academies. Subd. 22. Health. The council shall have power by ordinance to prohibit or regulate slaughterhouses; to prevent the bringing, depositing, or leaving Within the city of any unwholc~omo substant~, tu require the owners or occupants of lands to remove unwholesome substances therefrom and in default thereof to provide for its removal at the expense of the owner or occupant, which cxpcnac shall bca lien upon th~: property and may b~ coll~ted as a special assessment; to provide for or regulate the disposal of sewage, garbage, and other refuse, to provide for the cleaning of, and removal of obstructions from, any waters in the city and to prevent their obstruction or pollution. Thc council may establish a board of health with all the powers of such boards under the general laws. 8ubd. ;~. Nuisances. The council shall have power by ordinance to define nuisances and provide for their prevention or abatement. Subd. 14. Noise and disorder. The council shall have power by ordi- nance to regulate and prevent noise or other disorder. Subd, :1,5. Amusements. The council shall have power by ordinance to prevent or license and regulate the exhibition of circuses, theatrical perform- ances, amusements, or shows of any kind, and the keeping of billiard tables and bowling alleys, to prohibit gambling and gambling devices, and to license, regulate or prohibit devices commonly used for gambling purpo~s. 8ubd. ;~6, Vice. The council shall have power by ordinance to restrain and punish vagrants, prostitutes, and persons guilty of lewd conduct. Dances. The council shall have power by ordinance to license the operation of public dance halls and the conduct of public and r~gulate ordinance to Sub& 29. $ubd. 3O. Regulation of buildings. The council shall have power by regulate the construction of buildin~s. Repealed hy I.aws 1965, c. 670, § 14, eft. Jan. 1, 1966. Restaurants. The council shall have power by ordinance to license and regulate restaurants and public eating houses. 168 by an5 an) ~pe ~he im~ pro h~ elec The the wit~ s dec lng. Lay 196 Lay DATE: TO: FROM: RE: MEMORANDUM 27 September, 1994 Chief Kastanos Inspector Oberreuter Billiard Parlors in the New Hope Area In approximately 1990, Briame's Billiards opened in the shopping mall located in the area of Weaver Lake Road and I94 in Maple Grove. It was initially to cater to people over the age of 18 years of age. It was open until 1:00 or 2:00am (apparently the closing time varied). The Maple Grove Police informed Officer Anderson of the New Hope Police that the owner of Briame's was very cooperative and made every attempt to cooperate with the police. Apparently in the one year this billiard hall was in operation, there were problems with juveniles frequenting the billiard hall and loitering in the. surrounding areas. The management of the billiard hall hired off-duty police officers to work inside the business on Friday and Saturday nights. Apparently few few police calls were recorded at the business itself. However, the Maple Grove Police reported a high incidence of calls in the immediate area which were related to drinking, vandalism, littering and noise. The Maple Grove Police indicated they believed most of these calls were related to persons attracted to the area by the billiard hall. In the city of Plymouth, a billiard hall called The Cotton Club, Inc, opened and closed in 1988; it was located in Cottonwood Plaza on 39th and Vinewood. As was the case in Maple Grove, The Cotton Club had very few calls to the business itself. There were, however, a large number of calls to the immediate vicinity, which the police believed were related to persons attracted to the area by the club. The Cotton Club apparently ran into problems with licensing, and it closed the same year it opened. A couple of years ago, Crystal had a billiard hall located on Bass Lake Road just east of West Broadway. This business seemed to attract a number of people who were known to local police departments because of their unlawful activities. The business had a reputation within police circles as being frequented by runaway juveniles, parties selling stolen property and parties selling drugs. Page Two Memorandum 27 September 1994 Having been m~de aware of problems that the city of St Paul had with billiard halls a few years ago, I contacted the St Paul Police Department. I was informed that in recent years, the St Paul Police Department has had very few problems with its few remaining billiard halls. They informed me that the' city of St Paul had passed an ordinance requiring that all billiard halls close by midnight. Prior to this ordinance, billiard halls had the option of staying open 24 hours per day. The St Paul Police stated their problems seemed.-to be associated~with people leaving bars at closing hours and going to the billiard halls, where some of the least desirable activities which occurred in bars continued at the billiard halls. St Paul Police stated there were frequent problems related to the sale of drugs at billiard halls, fights, drinking in the area, noise, littering, etc. In making a random check of billiard halls in the metropolitan area, I found most closed by 1:00 or 2:00 am, but one or two are open as late as 4:00am. In summation, it would seem that billiard halls seem to have a significant problem with groups of young people loitering in the establishment or immediate area. The problems caused outside of the business itself seem to be those which cause the most problems for the police and surrounding neighborhood. While I certainly do not doubt the good intentions of the business people wishing to locate On Cue Billiards in New Hope, I believe the city should ask for some significant indication that the management would be able to deal with problems both inside and outside of their establishment. JO/DEW 9.24, 9.241, 9.242, 9.243, 9.244 9.24 CURFEW. 9.241 Under Age of 15 Years. It shall be unlawful for any person under the age of 15 years to be on or present in a public ground in the City between the hours of 10 o'clock p.m. and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian, or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any publlc ground after 10 o'clock p.m. or before 5 o'clock a.m. of the following day, shall be evidence sufficient to sustain a finding that said minor is thereon unlawfully and that no reasonable excuse exists therefor. 9.242 Under Age of 18 Years. It shall be unlawful for any person under the age of 18 years and over the age of 14 years to be on any public ground in the City between the hours of 12 o'clock midnight and 5 o'clock a.m. of the following day, unless accompanied by his or her parent or guardian or unless there exists a reasonable necessity therefor. The fact that said minor unaccompanied by parent or guardian is found upon any public ground after 12 o'clock midnight or before 5 o'clock a.m. of the following day, shall be evidence sufficient to sustain a finding that said minor is there unlawfully and that no reasonable excuse exists therefor. 9.243 Responsibility of Parents. It shall be unlawful for any parent, guardian, or other adult person having the care and custody of a minor, under the age of 18 years, to knowingly or negligently permit such minor to violate the provisions of this section. 9.244 Places of Amusement. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment, or refreshment, or any other place of business to permit any minor under the age of 18 years to enter or remain in such place contrary to the provisions of this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business shall find a person under the age of 18 years in such place contrary to the provisions of this section, he shall immediately order such person to leave and if such person refuses to leave the said place of business, the operator shall immediately notify the police and inform them of the violation. (Code 010166) 9-26 072684 CODES & STANDARDS COMMITTEE REPORT The Codes & Standards Committee met on September 22nd to discuss the following four City Code issues and will be reviewing their preliminary recommendations on several of the issues with the entire Commission at this meeting. Following is a brief description of each topic and pertinent reference materials are attached. Front Yard parking in the I-1 Zoning District The I-1 Zoning District prohibits employee parking in the front yard. This requirement has not been stringently enforced for the past several years and staff has wanted to raise this issue for discussion purposes to see if the Planning Commission is interested in modifying this requirement. It is staff's feeling that site issues can best be addressed through landscaping and berming requirements. Recent developments that include some front yard parking include J.R. Jones, Navarre Corporation, Paddock Labs and Versa Die Cast, Inc. Last spring the Building Official completed, a survey of the City on this issue (and outdoor storage) which is summarized in the attached memo. The Planning Consultant also prepared a report on this issue with two alternative code amendments. The Committee is recommending that this requirement be eliminated. The Keeping of Animals and Birds in Residential Zoning Districts This issue was just referred to the Commission for study from the August 22nd Council meeting. A resident was cited for violating the ordinance and came to a Council meeting to object to the current ordinance requirements. The resident was raising pheasants. The current ordinance states that you must have a minimum lot area of not less than 54,450 square feet. Staff contacted other cities for their requirements (enclosed) and the Planning Consultant prepared the enclosed report. The New Hope/Crystal Animal Control Officer also has prepared some recommendations. Staff met with the General Inspector and Animal Control Officer prior to the Codes & Standards meeting to get their input. The Committee is recommending no change to the current ordinance intent, as they do not feel the raising of fowl should be allowed on a small residential lot, however the ordinance language itself may require some updating. Furniture and Appliance Sales in the I-1 Zoning District A.C. Carlson, a New Hope furniture and appliance retailer currently located on Bass Lake Road east of Winnetka Avenue, owns the property at the southeast intersection of Bass Lake Road and International Parkway. Carlson also recently purchased the west portion of the former Post Publications property, adjacent to the corner site, when it was subdivided and sold last year. The current A.C. Carlson business is located in a B-2 Retail Business Zoning District, which allows furniture and appliance sales as a permitted use (B4 uses not marked with an asterisk - see attached City Code). The proposed future location is located in an I-1 Limited Industrial Zoning District, which does not permit retail sales of products not manufactured on the site. While the property owner has not made a formal application for a code text amendment to date, staff has been requested to explore the alternatives as to how the Code might be amended to allow this use on the I-1 site. The Planning Consultant has prepared the attached report on this issue and pertinent excerpts from the City Code are included. The Committee requested staff to do further research on the type of businesses currently in operation along Bass Lake Road to determine if rezoning is appropriate and bring the item back for further discussion at the October Codes & Standards meeting. The other options would be to amend the code language to allow furniture and appliance sales as a permitted or conditional use or make no changes. Outdoor Storage in the I-1 Zoning District This issue was also discussed this spring and was initiated by a request by an applicant requesting a conditional use permit to allow storage in a semi-track near the intersection of Highway 169 and Bass Lake Road. Again, staff felt that outdoor storage in all industrial areas needed to be examined and the Building Official surveyed the entire City. Both the Building Official and Planning Consultant have prepared reports with recommendations for code amendments. The Committee requested that staff do further research on the 10% recommendation for outdoor storage vs. building size and bring this item back for further discussion at the October Codes & Standards meeting. FRONT YARD PARKING IN THE I-1 ZONING DISTRICT ia1Use.~. 4.1~5 (1) ~. , Not ~re than forty percent of the lot, Parcel or track of land aha11 be covered in a Limited Industry District. (2) (3) (4) [.~_!;_~. In determining the minimum lot area requirement of one acre the contiguous dedicated streets shall bm excluded. ' (Code 072G84) Green Area. At least twenty percent of the lot, Parcel or tract of land shall remain aa a grail plot, including shrubbery, plantings or fencing, and shall be landscaped. Required minimum green area should be emphasized in the front and aide yardi abutting streets or residential Property. The word "landmcaoed" means a controlled surface and grade and plantings to allow a smooth surface flow and being under continual maintenance for cna preservation of scenic harmony. (Code 072684, Ord. 93-04) ~--~[~.~_~. The minimum letback for perking 1pta aha11 be twenty feet adjaqeng to a raaidengtal diltrtcg and tan feat adjacent to a non residential diatrict. - ! (5) Emalovee Perkins. No parking lot in ~ront of the building aha11 bm used vehicles of anq01oyeel. ' I (6) Parkin~ LOg Scree~tna. The parking lot in front of the buildin~ shall be screened from ghe agraeg and from adjoining property in the residential diagrtcg in confor~nce wi%h the provisions of aecgion 4.033 (3). (7) Landecemine Plane. Detailed landscaping plane shall be sul~nitgad to City Council and aDproved before I building permit may be obgained. (8) Deei=n Standards - Curb Cu~l. All off-agreeS Dirking facilities shall be designed wigh aPpro~rt&ge me,ne of vehicular access go a sgreeg or alley as well aa maneuvering area. Curb cuga shall be placed ag ingarvale of not leas than one hundre4 fifty feet and no curb cug shall be locagad within sevengy-five fee~ of ~n interaacgion, aa meaeurecl from the driveway cengerline elongtheedgeofthe graveled 8urfice~the intermec~ing e4ge of the ~rmvele4 ~ur~i~. &-77B 072684 Nor we ssoci Consultants, Inc. U R 8 P L N G . D N , M AR K E T R E S E A R C H TO: FROM: DATE: RE: FILE NO: Kirk McDonald Bob Kirmis/Alan Brixius 15 April 1994 New Hope - Zoning Ordinance - I-1 District 131.00 94.02 At your request, we have prepared two alternative draft Zoning Ordinance amendments which address off-street parking lot regulations within I-1, Limited Industrial Zoning Districts. Currently, Section 4.145 (5) of the City Zoning Ordinance stipulates that no parking in front of a building (within zoning districts) may be used by vehicles of employees. Historically the above referenced provision has produced problems both in terms 9f facility need and City enforcement of the standard. In addressing this issue, two alternative draft Zoning Ordinance amendments have been prepared for consideration. Amendment Alternative A simply repeals the above referenced employee parking requirement. Amendment Alternative B on the other hand attempts tomaintain the original intent of the Ordinance provision (avoiding large scale front yard parking lots) by stipulating that up to twenty percent of a facil~tieS required off-street parking may occur in front of the building. Generally speaking our office views the proposed amendment alternatives as positive for the following reasons: 1. The Ordinance will become more readily enforceable. 2. Site aesthetics can be maintained through alternative means. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 The amendment would provide greater flexibility in the use cf the New Hope industrial site. This will help accommodate in place expansion of local industries. If you have any questions or comments regarding this material, please do not hesitate to call. pc: Doug Sandstad Steve Sondrall DRAFt ORDINANCE NO. 94 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ADDRESSING OFF- STREET PARKING REQUIREMENTS IN I- 1, LIMITED INDUSTRIAL ZONING DISTRICTS. CITY COUNCIL OP THE CITY OP NEW HOPE ORDAINSa Section 1. Section 4.145 "Special Re=uirements for all Limited Industrial Uses" of the New Hope City Code i hereby amended to read as follows: 4.145 Special Re=uirements for all Limited Industrial u~es. (1) Lot Coveraae. Not more than forth percent of the lot, parcel or track of land shall be covered in a Limited Industry District. (2) ~ In determining the minimum lot area requirement of one acre, the contiguous dedicated streets shall be excluded. (Code 072684) (3) Green Area. At least twenty percent of the lot, parcel or tract of land shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be landscaped. Rec/uiredminimumgreen area should be emphasized in the front and side yards abutting streets or residential operty. The word "landscaped" means a controlled trace and grade and plantings to allow a smooth surface flow and being under continual maintenance for the preservation of scenic harmony. (Code 072684, Ord. 93-04) (4) Parking Lots. The minimumsetback for parking lots shall be twenty feet adjacent to a residential district and ten feet adjacent to a non residential district. (5) (6) (7) (8) Parking Lot Screening. The parking lot in front of the building shall be screened from the street and from adjoining property in the residential district in conformance with the provisions of Section 4.033 (3). LandscaDing Plans. Detailed landscaping plans shall be submitted to City Council and approved before a building permit may be obtained. Desi=n Standards - Curb Cuts. All off-street parking faciiities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. Curb cuts shall be placed at intervals of not less than one hundred fifty feet and no curb cut shall be located within seventy-five feet of an intersection, as measured from the driveway centerline along the edge of the traveled surface to the intersecting edge of the traveled surface. ~ Effective date. This ordinance shall be effective upon its passage and publication. Dated this day of 1994. Edward J. Erickson, Mayor ATTEST: Valarie Leone, City Clerk (Published-in'the New Hope-Golden Valley Sun-Pst the 1994) day of 2 DRAFT- ORDINANCE NO. 94 AN ORDINANCE AMENDING THE NEW HOPE ZONIN~ CODE BY ADDRESSIN~ OFF- STREET PARKIN~ REQUIREMENTS IN I- 1, LIMITED INDUSTRIAL ZONING DISTRICTS. THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS~ Section 1. Section 4.145 "Special Requirements for all Limited Industrial Uses" of the New Hope City Code i hereby amended to read as follows: 4.145 Special Reouirements for all Limited Industrial (1) Lot Covera=e. Not more tham forth percent of the lot, parcel or ~rack of land shall be covered in a Limited Industry District. (2) ~ In determining the minimum lot area requirement of one acre, the contiguous dedicated streets shall be excluded. (Code 072684) (3) Green Area. At least twenty percent of the lot, parcel or tract of land shall remain as a grass plot, including shrubbery, plantings or fencing, and shall be landscaped. Required minimum green area should be emphasized in the front and side yards abutting streets' or residential p~ope_rty. The word 'landscaped" means a controlled surface and grade and plantings to allow a smooth surface flow and being under continual maintenance for the preservation of scenic harmony. (Code 072684, Ord. 93-04) (4) Parkin~ Lots. The minimum setback for parking lots shall be twenty feet adjacent to a residential district and ten feet adjacent to a non residential district. (5) (6) (7) Parking Lot Scre~ninq. The parking lot in front of the building shall be screened from the street and from adjoining property in the residential district in conformance with the provisions of Section 4.033 (3). Landscaping Plans. Detailed landscaping plans shall be submitted to City Council and approved before a building permit may be obtained. Desian Standards - Curb Cuts. Ail off-street parking faciiities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area. Curb cuts shall be placed at intervals of not less than one hundred fifty feet and no curb cut shall be located within seventy-five feet of an intersection, as measured from the driveway centerline along the edge of the traveled surface to the intersecting edge of the traveled surface. ~ Effective date. This ordinance shall be effective upon its passage and publication. Dated this day of 1994. Edward J. Erickson, Mayor ATTEST: Valarie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Pst the 1994) day of 2 TO : KIRK McDONILD FROM: DOUG SANDS'ICAD DATE: APRIL 20, [994 SUBJECT: FOCUSED IIE'~IE'N 'OF F3[ISTING CONDIIIONS-INDUSTRIIL LAND WIT]{ OUTDOOR STORAGE AND/OR "FRON~" PARKING. This summary and the attached graphics respond to a recent Planning Case, number 94-9 and the staff perception that our older front yard parking prohibition in the I-t Zone may be obsolete or in need of improvement, most recently discussed with Planning Case number 94-8. The former involved aa industrial property owner who was ordered to remove illegal outdoor storage or obtain the necessary CUP. His petition is pending. The latter case involved a recently approved office-warehouse project of Brad Hoyt's with significant front yard parking that was well buffered with landscaping and eventually approved by both the Planning Commission and Council. The pertinent city code sections for outdoor storage in industrial areas are; 4.142, 4.144, subdivisions 1, 2 & 12, 4.145 and general language in 4.2L. Note that 4.142 lists one classic major outdoor storage business as'a Peraitted Use , Lumber Yards (#7)! By code , all other outdoor storage varieties require a CUP. The code language that relates to "Front" parking in industrial areas is 4.145(4) and 4.145(5) and 4.022(84). The latter deals with the definition of a "front yard", although the parking issue at hand results from "parking in front of the building" verbage which normal humans take to be the same. Not this time. We have a number of industrial properties on lot corners or "through" lots where building front and front "yard" are different. See photos ~6 and #17. While both are attractive lots with greenery on the pictured street, ~17 represents the prohibited parking in "front", which is also the front "yard". Photo #6 illustrates how the front "yard", as defined, has nothing to do with the perceived front, usually where the entry exists. This is a green front yard that complies with the code intent in 4.022(84> but the actual parking is lumped in the defined side yard along Boone Avenue, where the front door is (the perceived front). While the practice has been to consider the I-I limitation language to pertain to front "yard" perkins, it does not say that in 4.145(4). Only a Zoning Administrator could follow ~his maze. Perhaps we need to clarify and modernize. In bria~, the assorted photos will confirm my conclusion after visiting ali 115 industrial lots in the last week: All of the existing parking situations have been Planning Commission and Council approved. Most of the projects built since 1970 have a reasonable strip of greenery between the parking lots and the public street near the main (front) entry. They all include sod and a few trees, while many have a berm and shrubbery, also. Photo #12 has been enlarged for you (before the trees have had a chance to leaf out this Spring) co show a recent office-warehouse whose building and four front doors are almost concealed from street view co "screen" about 6 parking spaces. This building is nearly 100 feet back of street curb. It may make more sense for everyone to focus on the quality of the front landscaping, continued... and the value in our new 20% Green Area Ratio. In addition, the security is enhanced because our police patrol cars can view front doors without high berms in the way, otherwise encouraged by 4.145(6), requiring screening. Site design flexibilty is restored to the property owners, while ~he variety and investment in the greenery can be assured through our process, if we recognize how development has scoured. Some property owe. ers in i-I zones are now able to consider building expansion, because of our 1993 decision on green area ratios, but are prevented from adding required parking in "front" where an oversized yard exists. Everyone agrees that the street views of a property, regardless of ~hich "yard" the code labels i~, are always more important from an aesthetic and property value standpoint. Maintenance of properties, including industrial, is related to the owners willingness co fully, reasonably, develop and use the building and land. We can encourage investment and improve the "curb appeal" of industrial lands, by removing an artifical barrier to "front" parking and placing emphasis on the quality of the site design, by policy or law. For example, the same I-I list of special restrictions in 4.145 requires a 20 foot green yard along lot lines near residential and 10 foot along other properties. Ignoring the question of the increasingly blurred line chat used to contrast "Heavy Industry" (I-2) from "Limited Industry" (I-1), we could establish a minimum green setback along those visible street areas of something like 25 feet, allowing significant landscaping, while continuing to require the 20Z G.A.R. in I-1 zones. Another observation I made during this survey is that "Visitor" parking signs, suggested by 4.145(5), are now missing, never were installed 20 years ago, are ignored by employees and the owner of the business, who expects to park by the front door, or seem to make no sense to normal humans. Since we do not allow property or, lets to "reserve" parking spaces on their land with signs, except for state required disability parking, the posting of a few "Visitor" signs seems superfluous. Attachment "A" provides the counts for both front parking and outdoor storage scattered among our industrial properties. Outdoor storage in industrial zones always requires a CUP, by city code. As identified by Mr. PalanisancL in his recent planning case discussions, significant numbers of violations exist on this subject. A quick survey of all 115 lots suggest that about one-tiLird of the outdoor storage uses are illegal! Semi-trailers seem to be the most common variety, as revealed in photos 91, 13 slid 15. Note that photo #15 is approved outdoor storage with screamim$-solid fencing,shrubs and a hill near the property line. It is barely visible from the street 400 feet away. Photos 91 and 13 are taken near h~-vily-traveled roads, Medicine Lake Rd. and State Highway 9169. Both use~ are plainly visible. Photo #1 is the Petitioner requesting a CUP and~ha bottom photo shows the adjacent neighbor with about 10 semi- trailers, not-approved by the city. In general, New Hope has approved many CUP requests for outdoor storage, but they tend to be located in rear or less-visible areas and to some degree have visual screening. Photo 914 is an approved CUP with storage on an expensive slab with solid screening ' fence in the rear yard of a loc. Photos 910 and ~1 show front and rear storage plainly visible through an open cyclone fence.the same lot. The numbers clarify that it is somewhat common to have a need for outdoor storage in our least sensitive zoning districts, and Council has recognized Chis fact with many approvals. The same code even. allows a lumber yard in these areas.uitho~t 81)ecia~ approval. Should the focus of the city be continued... City of New HoPe INDUSTRIAL PROPERTY L~TE~ SCOPE STUDY April 20, t994 industrial Land Map: BASE DATA: 96 Lots I-I Zone (831) 19 " I-2 " (17%) co=al ~15 Propercies ************************************************************************* A B C D 1 OUTDOOR STO~GE~ "FRONT" PARKING: I-i I-i 1-2 1-2 1! - 2 3 2 11 - 13 - - 3 4 6 ~ounct! AppFoved: 25 total $ ( [26 z] 22 9 total ~ [27 %] 66 X tOO % NOTE: 47 Different properties have storaie or front parkin$ [41 I] lO Lots have illesal storase [9 %] 1- 'Does not include LP tank installations All Properties visited between April 14 and April 20, 1994. DES 4-94 THE KEEPING OF ANIMALS AND BIRDS IN RESIDENTIAL ZONING DISTRICTS CITY OF NEW HOPE MEMORANDUM DATE' August 19, 1994 TO' New Hope City Council FROM: Daniel J. Donahue, City Manager SUBJECT: Agenda Items for August 22, 1994 This past summer, Boy Scout #542 worked in cooperation with the New Hope Public Works Department to prepare and paint the street name sign posts that were in need of refinishing throughout the City. The scouts assumed full responsibility for the project, with Public Works only supplying the needed materials, maps, and safety equipment to complete the project. The project be~lan on June 30th and was completed on Saturday prior to the 4th of July. Approximately 200 posts were refinished. The troop members did a commendable job and staff is recommending that the Council recognize the Scout efforts. There will be approximately 12 members from the Scout Troop in attendance at the meeting and staff would appreciate it if the Council would recognize their efforts under the Open Forum section of the agenda. You might have a homeowner coming to Open Forum asking the Council to change its ordinance that regulates the raising and keeping of birds and fowl. The homeowner, Ben Thompson, 8317 33rd Place has been cited by the Inspection Department because of his raising wild pheasants on his property. Inspections got involved through neighborhood complaints regarding the birds and after repeated discussions with Inspections over the past two years, Mr. Thompson was eventually cited. He went to Court and the Judge advised Mr. Thompson to try and work with the City about getting the ordinance changed. The current ordinance requires that if any property owner wishes to raise wild pheasants or such, he needs a minimum lot size of 54,450 square feet. This equates to I 1/4 acre which is considerably more than the average New Hope single family lot size of around 10,000 - 12,000 square feet. Mr. Thomp~oh will probably be coming to this meeting asking Council to change the ordinance~ since there ia a considerable difference between what the code says and what the average property size is, I don't see how staff could advise you to change the ordinance. Also, it appears that many of Mr. Thompson's neighbors are not happy with his pheasant raising hobby and would not be inclined to support his petition. -1- j:C;E 23, l~- During the s,,mmer of 1993 the animal war~en responRed to complaints about- the ovner of above address, Benjamin Thczpson, raising pheasants.and o%her fowl this resi~en~ial lo~. She ~vise~ him of ~he lot size requiremen~ for such activity (Sh,hSO sq. ft. for ~he ls~ six) an~ the f~c~ that his lo% is too small. He~epin co~Y h~s his lot size as 10,~00 sq. fB.,(Doug ha~ fi~ure~ 9,930 ~nd I h~ figure~ 11,625) She ordered h~ to get ri~ of the birds. He ha~ in~tc~te~ to RoB~ie tha~ he woul~ no% comply, bu~ by the en~ of last s~,~er the birds were gone. ~h ~Y 18 of this year I vas asked by the city c~erk to respond to a phone co~laint she had received about this s~e property. Bobble had copied us s~er, so after re&ding her reports I asked her to meet me a~ the site. We were a~itte~ to the re~ yard BY ~. Thompson. He has two "pens" or "c~ges" . at the re~ of his lot. One vas empty of birds (Bobbie said the pheas~ts been in the~ las~ yeti But the other larger pen ha~ several quail ~long with habitat ~terial, foo~ ~ water. It is screened on all sides ~ across the top. I &~vise~ ~. ~ompson to r~ove the enclos~es, B~ove ~ refrain from havin~ ~ more %ir~s ~ ~so t~t there ts on~ one she~ pe~itted per lot, and he two In his re~ ~d. (~so note here the pens appear to be in the dr~ina6e -~ ~ utility e&m~Z, ~tho~h I'm not sure' ~ere the lo~ lines are) I ~i~'Z ~ve ~'~ b~k ~t~ ~; but '~v~se~ ~. ~o~son thm~ I voul~ Be I is--,~~~''h' n~ iZ on J~e lh ~ha% I shoed &p~e~ in co~ a~ins~ ~r~ ~he ~er befc~ ~Ue. ~ ~ ._ .. ..... Ke vo~d uo~ order ~. ~c~ps .. - c~e= or ~u &e~ ~ ___e. ~ ~ HIM $$.00 The ~u~e === ~ ~---.~=_ ~ .... ,. &d~ ......... d ~ ~11 t.y T~ -~= meant~_u~e, ~hen more ~ ..... s come zn, advise complainants chat have had him in court and he was fined only $5.00! 1.117 maln~itn on &ny reel ~ro~tr~y und_r hte con,re1, wh®~Ir owned by lu¢~ DerlOn or no~, any deld in~m&ll, or &ntmll, ¥1~e~lOle, eXCrlMnC or o~her lUOl~&ncl ~he ground, excop~ ii provtded for tn 8ubeoc~tofl 9.119. ~aen~atneno An~le or a~rdi. No ~erion kee~tng or ma4n~tntn~ doge, ca~., con,re1, wne~ner ~nea g~ -~ or o~er foul, niuieoue, or unnea~ny. iCcu~ll~J~ Of ~ure. 11~er &iff' Iffy hotel. Gm/, gOl~, mink, fox, Ghtcken, ~urkly (or Iny ocher f~l), exGep~ 1~ G~Tg~''~ ...... ~..~ ...... ~ M~M W MM, o (2) btr~, ~r f~l, ~i 1iii ~ I0,110 i~.lrl fN~. RESOLUTION 94-127 Item 10.1 Mr. Donahue presented staff's recommendations for the budget hearing and the reconvened hearing date. Council selected November 30 and December 8 for the hearing(s). Mr. Donahue stated the preliminary budget will be presented to Council on September 12th. He noted this must be certified to the County by September 15th. Councilmember Wehling introduced the following resolution and moved its adoption: "RESOLUTION ESTABLISHING PUBLIC HEARING ON THE PROPOSED 1995 BUDGET AND AUTHORIZING PUBLICATION". The motion for the adoption of the foregoing resolution was seconded by Councilmember Enck, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Otten, Enck, Williamson, Wehling; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. OTHER BUSINESS Animal Ordinance New Hope City Council Page 5 Mr. Donahue introduced Ben Thompson and explained that he has been cited by the Inspections Department because of his raising wild pheasants on his property. Mr. Ben Thompson, 8317 33rd Place, was recognized. He called attention to ordinance 9.118 * Minimum Area for Maintaining Animals or Birds*. He pointed out that the language is very outdated and is in need of updating. He feels the required 54,000 square foot minimum lot size is excessive. He stated the ordinance does not address caging or care for the birds; it mentions lot size only. Mayor Erickson questioned the number of birds raised by Mr. Thompson. Mr. Thompson stated he purchases a license from the DNR. This year he raised five quail and three pheasants, and each spring the birds are released. Mayor Erickson emphasized that this is a residential community and ordinances are in place to deter certain activities. Councilmember Otten called attention to the fact that the issue was brought forth due to neighborhood complaints. Mr. Thompson disclosed that the complainant was a neighbor who believed his pheasants were eating blossoms off her flowers when in fact it was a wild pheasant not his. Councilmember Williamson asked Mr. Thompson to provide a copy of the DNR's rules and restrictions regarding the raising of pheasants. In response to Counciimember Wehling's inquiry, Mr. Thompson stated his hobby interest promoted him to raise the birds. Councilmember Enck noted the ordinance language may be anticluated and in need of modernization. August 22, 1994 Meeting with Crystal Human Rights Commission Commission Interviews ADJOURNMENT The Council directed staff and the Planning Commission to review The ordinance for possible revision. Mr. Donahue announced a tentative meeting with the Crystal Human Rights Commission on September 26 following the New Hope City Council Meeting, Planning Commission applicant interviews were scheduled for September 12, 1994, Motion was made by Councilmember Enck, seconded by Councilmember Wehling, to adjourn the meeting as there was no further business to come before the Council. All voted in favor. The New Hope City Council adjourned at 8:20 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope City Council . Page 6 August 22, 1994 To: FROM: DATE: RE: FILE NO: Alan Brixius Dan Licht 13 September 1994 New Hope Poultry 131.00 - 94.06 As directed, I gathered information regarding the keeping of poultry in an urban area. This information is as follows: New ~ope Ordinance. Based upon a review of the City Codes, there is no language which outright prohibits the keeping of pheasants or poultry within the City limits, provided the animals do not fall under one of the following categories: 7.023 (1) Nuisance Animals. Animals shall be maintained and handled in such a~manner to prevent becoming a nuisance or threat to health and safety. 7.024 (4) Noisy Animals. No owner of an animal shall permit barking, howling, or other noises that disturb the peace and quiet of the neighborhood. 7.061 Prohibition of Animals Running at Large. No person shall permit or allow his cattle, horses, mules, sheep, goats or swine, or any poultry, 'turkeys, chickens, ducks, or,geese to ru~ at large whether attended or unattended, within the City u~on either public or private property, except upon the lands ~f ~he owner or lands of others from whom the right has been obtained, nor to be herded or pastured in or upon any street of the City, nor to be permitted to graze or feed in said streets nor to do damage to property. 7.062 Herding of Animals. The owner or person in charge cf such animals, or poultry or any of them, shall not permit or suffer such animals or poultry or any of them while they are being driven onto the lands where they are to be herded as aforesaid, or while they are being so herded, to do any damage to property belonging to another, contrary to the provisions of this section. 9.421 (9) Animals. No owner or person in charge of an animal~ shall permit any animal to disturb the comfort or repose of persons in the City by its frequent or continued noise. The ordinances do not distinguish between domestic and farm animals. The definition of wild animals does not include pheasants or poultry. Neqative Impacts. Interviews with U of M College of Agriculture Poultry Department personnel indicated that the primary negative impacts resulting from having poultry animals kept in an urban sized lot would be noise and odor and sanitation. U of M personnel indicated that an enclosed structure with proper ventilation systems and manure disposal procedures would help alleviate these impacts. However, these measures would not completely eliminate the noise and odor. Space Re~uirementS. University of Minnesota personnel indicated that space requirements for poultry birds kept in a coop are typically as follows: Birds Up to 8 Weeks Old: Birds 8 Weeks or Older: square feet per bird square feet per bird Draft Animal Ordinance. This draft ordinance was ~eveloped as a response to the issue of keeping of poultry or pheasants within an urban setting. The draft ordinance differs little from the existing ordinance except that it attempts to be more specific and restrictive with regards to poultry animals. The following points represent the components which affect the keeping of poultry: Definitions. Included in the ordinance is a set of definitions which specifically define "animal" to be any non- human,, domestic or non-domestic animal. Also included are defini~ions of animal-domestic, animal-non-domestic and animal-wild. Poultry animals are 'included in the definition of non-domestic.animals. The text of the ordinance uses only the term animal, however, because the definition of animal includes non-domestics, poultry animals are included. No specific definition of fowl animals are included. o Nuisance Animals. This section Of the draft ordinance does not differ significantly from the existing ordinance, it prevents animals running at large, barking or other loud noises, etc. o Feces Disposal. This section specifies a time limit for removing feces. It also prohibits any offensive odors. Private Kennels/Shelter Licenses. This section prohibits the' keeping of more than four animals without a private kennel license. A private kennel license allows for the keeping of five animals total. The license is granted by the City Manager and may specify conditions or qualifications for keeping animals. Fowl and Pigeons. This section specifically addresses the keeping of fowl and/or other non-domestic birds. The keeping of fowl is an allowed use within the City by permit issued by the City Manager. This section specifies an application process that must be pursued by anyone wishing to keep poultry. There is no lot size specifications for keeping fowl, but the ordinance does specify a minimum two square feet of coop/cage space per bird. This section does not specify how it relates to the section dealing with the number of animals allowed. This ordinance is a fair attempt at a more specific and strict regulation of the keeping of animals such as poultry or pheasants. However, our office believes that this draft ordinance does not restrict animal husbandry enough as it has provisions for allowing what is perceived to be an incompatible use in an urban setting. Bloominqton Ordinanc~, The Bloomington ordinance strictly prohibits the keeping of non-domestic animals within the City. The Bloomington ordinance is as follows: SEC. 14.121.03. PROHIBITED ANIMALS. No person Shall keep, maintain or harbor within the City of Bloomington any of the following animals. (a) A~yanimal or species prohibited by Minnesota or Federal law. · (b) An~vnon-domesticated animal or species, including but not l~lmited to the following: (1) Any -skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (2) Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars and ocelots, except COA~a,Lonly accepted domesticated house cats. 3 (3) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. (4) Any crossbreed such as the crossbreeds between dogs and coyotes or dogs and wolves but does not include crossbred domesticated animals. (5) Any poisonous pit viper such as a rattlesnake, coral snake, water moccasin or cobra. (6) Any raccoon. (7) Any ferret. (8) Any other animal which is not listed explicitly above, but which can be reasonably, defined by the terms in Section 14.121.02(a) of this Ordinance, including bears and badgers. Brooklyn Center Ordinance. The City of Brooklyn Center defines the keeping of fowl as a public nuisance and therefore strictly prohibits that use. The Brooklyn Center ordinance is as follows: Section 19-104. LIMITATIONS ON KEEPING OF'ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: Three or more dogs, six months old or older, unless a kennel license is obtained. Four or more cats six months old or older, unless a kennel license is obtained. 3. Chickens and other domestic fowl. Live wild animals not native to Minnesota, except household pets confined to a cage within a dwelling. Live wild animals native to Minnesota whic~ in their wild state pose a threat to humans or domestic animals, including but not limited to, wolves, bear, cougar, lynx and bobcat. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably a-~oy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl.' Brooklyn Park Ordinance, The Brooklyn Park ordinance regarding non-domestic animals set requirements for minimum lot size and animal densities. The ordinance also specifies that the animals are not to be kept for breeding purposes. The ordinanc~ is included for reference. 4 Section 366.03, Subd. b. (10): The keeping of non-domesticated animals with proof of an exhibitor's license issued by the U.S.D.A. and/or the Commissioner of Natural Resources pursuant to Minnesota Statutes Section 97A.041 provided the following conditions are met: Exhibition of said animals shall not occur on the same. site as where the animals are sheltered. b. The minimum lot size shall be 5 acres. c. There shall be a maximum of I animal unit per acre. Animal shelters and fence enclosures shall be adequate for the specific animal requested and shall be set back a minimum of 50 feet from all dwellings other than that of the owner. e. Said animals shall not be kept for breeding purposes. Written proof of a veterinarian committing to the owner for the provision of care to the animals and advice to the owner as to the care of the animals. Non-domesticated animals are animals that are not customarily kept for personal use or enjoyment within the home. Said animals shall be indigenous to the State of Minnesota. This section, however, shall not provide for the keeping of non-domesticated animals which pose a threat to humans or domestic animals, such as wolves, cougars, bear, lynx, bobcat, skunks, fox, badger, and other dangerous animals as determined b~ the City of Brooklyn Park's Environmental Health Division and Public Safety Officer. Appeals to decisions concerning the determination of what constitutes a dangerous animal shall be directed to the Board of Appeals and Adjustment. h. Said animals shall be licensed in accordance with Section 415. Chamol~n O~an~9~ Champlin recently amended their ordinance to include the following provision: 8-412 Keeping of Animals. Bo No person shall keep harbor, or maintain care, custody, or control over any horse, .cow, sheep, pig, goat, or any other hoofed animal, chicken, duck. goose, or other agricultural animal or fowl any plaCe in the City. This 5 section shall not prohibit the keeping of suck animals in a stable that complies with the zoning code. The maximum number shall not exceed one animal per one acre of land. This ordinance specifies the space requirements and densities allowed for keeping non-domestic animals. Crystal Ordinance. The ordinance from the Crystal City Code, ' included below, strictly prohibits the keeping of animals other than domestic pets in residential zones. 910.39. Zoning Regulations. It is unlawful to keep or harbor an animal or fowl, except dogs, cats and other similar household pets, within any district of the City zoned residential unless the activity was being carried on continuously within that residential district since March 3, 1959, in which case the activity may not be expanded or enlarged after that date, nor transferred with title to property or with change in occupant. Golden Valley Ordinance. The Golden Valley ordinance prohibits the keeping of all animals other than dogs, cats, hamsters, gerbils, and caged household birds. The Golden Valley ordinance is included below: Section 10.32, Subd. 1. (B). Animals. Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal,, not in transit, except (1) animals kept as part of a show licensed under the City Code, or (2) animals used in a parade for which a permit has been £ssued, or (3) animals kept in a laboratory for scientific or experimental purposes, or (4) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. Lakeville Ordinan~9, The Lakeville ordinance regulating the keeping of animals has been included for reference. This ordinance regulates the minimum lot sizes and zoning classifications for allowing the keeping of farm a~imals. 20.1 KeeDin-~a A~imals. The following animals may be kept in the City: 1) Domestic animals are an allowed use in all zoning districts. 2) Horses are an allowed use in all zoning districts provided: 6 a) The minimum lot size is two and one-half (2-i/2) acres. b) The number of horses does not exceed one (1) per acre unless a higher number is granted by the issuance of a conditional use permit. 3) Farm animals are an allowed use on all farm property.. Farm animals may not be confined in a pen, feedlot or building within one hundred (100) feet of any residential dwelling not owned or leased by the farmer. 4) Animals being kept as part of the Minnesota Zoological Garden's or St. Paul Como Zoo's docent programs are an allowed use in all zoning districts. Before such animals are allowed, however, the participant in the program must notify the City Clerk in writing of their participation in the program and identify the animal being kept. 5) With the exception of animals allowed by 20.1 (1), (2), (3) and (4), no other animals are allowed except by conditional use permit. 6) Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. 7) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. 20.2 Care of Animals. Animals kept within any zoning district shall be subject to the following requirements: 1) The size, number, species, facilities for a~d location of animals kept shall be maintained so as not to constitute a danger or nuisance by means of odor, noise, or otherwise. 2) 3) The person caring for any animal(s) shall be of sufficient age, knowledge and experience to adequately an~ safely care for and control the animal(s). Facilities for housing animal(s) shall be: a) Constructed of such material as is appropriate for the animal(s). b) Maintained in good repair. 7 c) Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). d) Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement.. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior' patterns. e) Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. 4) Animals shall be provided wholesome, palatable food and water free from animal(s) contained therein and to minimize disease hazards and reduce odors. 5) Animals kept in pet shops or kennels Shall be kept in accordance with regulations for pet shops and kennels in addition to the regulation provided by this ordinance. Otseqo Ordinance, The Otsego Ordinance, regulating the keeping of farm animals such as poultry, stipulates a minimum lot size and animal density. The minimum lot sizes required for supporting farm animals is 2.5 acres. The maximum density per acre of farm animals is as follows: Turkeys, Ducks, Geese: Chickens: 25 animals per acre 50 animals per acre The maximum densities ,may only be exceeded by conditional use permit. Plymouth Ordinanc~, The City of Plymouth allows poultry to be raised only in two low density residential zoning districts and then only by CUP. Robbinsdale Ordinance, The Robbinsdale ordinance specifies that non-domestic animals may be kept by permit only. The permit is issued bythe City Council following a public hearing. This permit prohibits the keeping of non-domestic animals for commercial purposes. ~ CONCLUSION Our office does not believe any introduction of animal husbandry in a residential district, with a minimum lot size of 9,500 square feet and 75 foot minimum lot width, is a desirable or compatible 8 use. Concerns with noise, odor and Public sanitation all raise issues. The ordinance should be more restrictive than what exists and should be more specific regarding the keeping of animals, similar to the Bloomington or Brooklyn Center ordinances. 9 Auqu$[ ~ _ _4. 1994 SUBJECT: REQUEST FOR ORDINANCE INFORMATION REGARDING MINIMUM AREA FOR MAINTAINING ANIMALS OR BIRDS Dear 2- The City of New Hope is in the process of reviewing the portion of the City Code regarding the minimum area necessary for maintaining animals or birds, as there is a resident in New Hope currently raising pheasants in violation of the City's existing ordinance. The existing New Hope ordinance states: Minimum Area for Maintainin~ Animals or Birds. No person shall keep or maintain any tlorse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except in conformity with the minimum lot or parcel area limitation specified below. 1. One Animal or Six Fowl or Birds. For the f'u'st of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. 2. Additional Animals. Bir~ or Fgwl[. For each additional such animal or bird, or fowl, not less than 10,890 square feet. I am interested in obtaining copi~ of other metro-area city ordinancek on this subject for study and comparison purpo~ea and would appreciate it if you would mail or fax me a copy of your current regulations on this matter. Please mail or fax to t~ address listed above, and thanks for your assistance. Sincerely, Kirk McDonald Management Ass~ ' Community Developmem Coordimmr FURNITURE AND APPLIANCE SALES IN THE I-1 ZONING DISTRICT Northwest Associat ed Consultants, Irlc. U R B A N P L A N N I N G D E S I G N M A R K .E T R E S E ~, PLAN.'NLNG REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 23 August 1994 New Hope I-1 Furniture and Appliance Sales 131.00 - 94.05 S~Y A.C. Carlson, a furniture and appliance retailer and long term New Hope business, has outgrown its current facilities at Bass Lake Road. A.C. Carlson is seeking to relocate, preferably in New Hope to maintain its established customer base. To this end, a potential site has been located. It is a 1.3 acre lot located at the intersection of Bass Lake Road and Gettysburg Avenue, approximately 6 blocks from A.C. Carlson's present location. The property is identified for use as an office/warehouse in the City's 1989 Vacant Land Study. The property is located along the periphery of an I-1 District. This zoning district does not especially address the use proposed by A.C. Carlson. However, A.C. Carlson's operation is similar in character to light industrial uses and is similar to existing uses in the area. Attached for reference: Exhibit A - Site Location Exhibi~ B - Proposed Site Exhibit C - Concept Plan Exhibi~ D .- Current Site Exhibit E'- Neighboring Uses The City must determine if a relocation of A.C. Carlson would be a compatible use and a good utilization of the site. If the City determines that A.C. Carlson would be a good fit for the site, there are several options for accoLt~aodating the relocation that could be pursued. These options are as follows: 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416 · (612) 595-9636.Fax. 595-9837 Add furni:ure and appliance re:ail sales as a perm. in:ed use tv defining "building mazeria!s" :o include furni:ure ~nl appliances. kmend the Zoning Ordinance :o allow furniture and appliance sales as a conditional use in an i-I Zoning Distric:. Rezone :he property or general area B-4, Community ~usiness Dis~ric5. Our office suggests that these options be discussed at the hex: meeting of the Codes and Standards Committee where these options may be thoroughly explored and reviewed for determining the most appropriate course of action to pursue. ISSUES ANALYSIS S.R. Harris Buildin=. The S.R. Harris case provides an example of an undesirable use that could develop if the City does not proceed with caution. The S.R. Harris building was a multiple occupancy building located in an industrial district. The site became over- utilized as a result of occupancy of a retail operation. There was not enough off-street parking to acco~m~odate the traffic generated. An on-street parking situation resulted, increasing traffic and congestion within ~he district. If the City determines A.C. Carlson is a good fit for the proposed site, it will want to proceed with care to limit exposure to creating an undesirable situation such as S.R. Harris. In order to limit this e~posure, the City will need to maintain control and authority over location and lot/building performance standards. Use Charac=eristi=s. In deciding on whether to accommodate A.C. Carlson, the City should consider the characteristics associated with A.C. Carlson's opera=ion. A.C. Carlson's operation involves a large showroom/warehouse for displaying products for site and a significant amount of car and truck traffic. A.C. Carlson's building use characteristics, large building, shipping and receiving by large trucks, appear quite similar with those of a light indus~rial use. S~e ~har~e=~s~s. The proposed relocation site is currently zoned I-l,--where furniture and appliance retail sales are not an allowed use. The site is currently vacan~ and was identified in the City's 1989 Vacant Land Study. There has been little interest in developing this property. 2 .... ''= ~^ . ;' ~' The 1389 Vacan~ Ctudy envls:cnef a 6,i330 sauare foot ~=;~_/~a .... o,se bui na The site has exce!!en5 visibility and accessibility due to its ~ccaticn az the intersection cf Bass Lake Road and Gettysburq Avenue. The si~e would be an ideal location for a retail operation needin~ a _erie eu~,d~n~ because of the com~inaticn cf lot size, visibiiiny, anJ accessibility. Zoninq. As mentioned previously, the site is zoned I-l, Liphm Industrial, where furniture and appliance retail is not an allowed use. However, A.C. Car!son's operations are similar to thcse allowed as permitted or conditional uses within the district. Building materials sales are a permitted use within the district. This category includes businesses such as Knox or Menard's, where products range from raw lumber to finished products. The printing operations located to the east and west of the proposed site appear to have commercial retail sales associated with their operation. The printing operations are a permitted use within the I-i District and also a B-4 District. Options to Accommodate. If the City determines that A.C. Carlson offers an appropriate use and good utilization of the site, there are three options to pursue to accommodate the relocation. EaCh of these options involves changes to the Zoning Ordinance as it now exists. These options are as follows: Add furniture and appliance sales defining 'building materials" to appliances. as a permitted use by include furniture and The benefits of this option include the accommodation of A.C. Carlson's relocation and also the possibility of similar uses entering the area. Negatives associated with this option focus on the potential creation of an undesirable situation, as similar operations could locate anywhere within an I-1 District without restriction. As demonstrated by the S.R. Harris case, retail operations are not always compatible with industrial uses. Amend ~he Zonin~ Ordinance to allow furniture and appliance retail ~les as a conditional use in the I-1 Zonin~ District· The benefits associated with this option are the accommodation of A.C. Carlson's relocation and the City's limiued exposure to an undesirable situation through control over location and building/lot performance standards. Such controls might include limiting access to points along a collector street. 'Drawbacks may include facilitating increased retail operations within an I-1 District. Rezone the property or general area B-4, Community Business District. -~= benefits cf this cptlon are the acccr~,odation of A.C. Car!son's relccation, the creation cf a more appropriate district for A.C. Carlson and existing similar uses and the limited ~ctenuia! for an undesirable situation through the appi~caticn cf B-4 perfor~.,~nce standards. In reviewing this option, the City may want to consider including the printing operation east of the proposed site, as they are permitted use within the B-4 District. Each of these options offers unique benefits and drawbacks. Cur office believes that each of these options should be fully explored at the next Codes and Standards meeting. Through review and discussion, the City will be able to determine the most appropriate course of action. CONCLUSION The determination of whether A.C. Carlson is an appropriate use for the vacant site is a policy matter to be decided by City Officials. Based on the limited size, good accessibility, and visibility and general compatibility of A.C. Carlson's operations with existing uses near the site, our office believes that the City should consider A.C. Carlson a good fit. In order to acco~,~,odate A.C. Carlson's relocation, our office suggests pursuing one of the three options outlined in this report. pc: Doug Sandstad Dan Donahue 4 T .~-~ PROPOSED SITE .... ':~_.~'~i~-~i' .:-= "~? ~-- ~_F ~ · _ '~..,*~'~ .... ~1 '.N ~::~ ~ ~i:'--'d ' .... City of New. Hope I~l'~o~hwest 'Associated n Consultants, inc. SITE LOCATION LOOKING SOUTHEAST LOOKING WEST EXHIBIT'B - PROPOSED SITE m 0 m '13 --I .-~ .,,~, SITE A This property is located in the southeast quadrant of the Bass Lake Road - Gettysburg Avenue intersection. It is approximately 1.3 acres and currently zoned I-1, Light Industrial. The concept plan shows a 6,000 square foot building, with a proposed use listed as Office/Indqstrial. This site should take advantage of its oxposure and access to I)ass Lake Road, although access should be allowed only via the Gettsburg intersection. SOURCE: NEW HOPE VACANT LAND STUDY, FEBRUARY 1989 EXHIBIT D - CURRENT SIT! COMMERCIAL PRINTING - ADJOINING PROPERTY TO EAST COMMERCIAL PRINTING - ACCROSS GETTYSBURG TO WEST EXHIBIT E - NEIGHBORING USE... ¥iC?O~f ~C OAD CO~eANY R.4 R.4 JN HI~)4 $~4OOI. WINM[TKA $¢NOOL B-1 FIELD COOPER Nl~# ~CNOOL, N[W ~ R.4 I-1 ICE ARENA l~a~Cld country market OCCUPY1 21,500 Iqvlre ~tet of floo~ (Code 072el4) . (Code O?21M, Ord. ~. (S) ~. ' (Ord. NO. 64~S) ~1~l.~'~ ~tl shell apply I~ c~t~tofle ~ tC demi ~~~ly con(re1 ~rlfftC, 4.11&' ..., _ . The foll~tng Ire ~M--~ll~ Oy ~lc~ion ~.~0, ~Mt~ ~ 4.037, Off-S~ree~ Lo~tne, Ch~r 3, (I) LI~ fnwltv~o-- OlitrtG~, ~11 cO~tionll (2) ~l~ale FitTv, ~1~tpIi PMi1~ bu~ldtngl provtd~ Ull Of ~ I~tl ~a confl ~CCl are no~ Grll~ 0~ C 4.131 Purpose. T~e purpose of the 'B-4' Community Business District is provide for :ne establishment of commercia], and service activities w~ch draw from and serve customers from the entire community or sub- region. 4.132 Permiuued Uses~ B-4. The following are permitted uses in a D~surLcu: Drug Store (15) E~nplozmen~ Agencies (16) Florist ShoR ., _ /~_(17) Furniture Stores (~el Furriers when conau~ted °nl~ for Retai~ Trade~ on Premises · (LP) Garden Nove~t, Stores (20) Gift or SOVe~t~ Stores (22) Insurance Sales ( 2 3 ) Locksmi :h (24) Mea~ Market bu~ No~ Inc~udin~ Locke~ S~ora~! .J25)_ Pain~ and Wall~a~e~ (2~) Toy S~res - (29) Cust~ N~ufac:urin~ and Repair (30) ~a~oF (3~) ~e~y s~opa ~d O~her S~ilar Uses (32) ~ra~l S~Feauor T=afls~r~a~Onr ~cke~ O~ceo (33) Var~e~ s~oreor 5/~0 Cen~ S~ores~ S~ores o~ S~lar He,ute (34) W~tLn A ~- r~fls Credit (3S) ~___. ~ Unions~ Other Financial (37) a~r~ s~R (39J ~ __~ ~er~_ Sa~es o~ ae~a~ ~a~ure Ln To~all~ Enclosed (4~) ri ~ ri hit Su ( 42 ) (43) O~-Sa2e ~Lquoc s~res ( 44 ) (45) S~r~iflq G~S S~res (46) Pe~ Shops (47) Hardware S~ores Pe~l~ Accoooo~ Uses~ B-4. The fo~lowiflg afc ~mi~ accessory in a "B-4" Ois~ric~: USe~ (L) Lels'In~ensive Use Dis=Fit=. AL~ permit=ed accessory uses in a (1) Less Intensive Use Districts. A].i ~ermitted uses in "S-!" and (2) Antique Shops (3) Art/Schoo]. Supplies~ Book, Office Sup~lies~ Stationery Stores (4) B~cyc].e Sales/Repa~ (5) Cand~ Ice Cream~ Ice Milk, Po~corn~ Nuts~ Frozen Desserts~ Packaged Snacks~ Sol= Drinks ($} Carpetr Rugs and Tile and Other Floor Coverings (7) Coin and Philatelic Stores (8) Commercia~ and Professional Offices (9) Copy and Printing Service (10) Costume and Clothes ~ental (11) Office Equipment Stores *(12) Enclosed Boat and Marine Sales *(13) Dry Cleaning Including Plant Accessor~ here=ofore~ Pressing and ReDairinq (14) "a-3" District. i &-70 07268& 4.14"'~-I" LIMITED iNDUSTRIAL DISTRICT 4 .141 4.142 Purpose. Tbs purpose of =~e "I-l" Lima:ed Industrial Dis:rio: is provIce for =he es=aDlishmen= Of lndustrial development in a well planned, residen~lally compatible set:lng. Permiz~ed Uses. The following are permi:ted uses in an 4.143 (1 (2 (3 (4 (5 (6 (7 (9 (10 ( 11 (13) (14) Radio and Television An:enna Farm Research Trade Scaool Warehouses Essen:~al Services Governmen:al and Public Utility Buildings and Structure~ Building Mater~ais Sales and Engraving, Pr~n:zn~ and Publishing Medzoalr Den:al and O~:zca£ Labors:oriel Wholesale ~usiness Manufac:urin~ e=c. The manufacturing, compounding, assembly, packaging, processing, :rea%men: or storage of produc:s and materials. Automobile Ma~or Repair ' Commercial Offices Cable TV L~mi=ed scope production studio for franchised Cable TV company allowing for produc:ion of community oriented cable television programming produced b~ and for members of the community or commercial programming limited to presentation on the cable systtm serving only New Hope and other mem~r cities of the NortAwest Suburban Cable C,~-~unicatiofls emission. Said use shall require all antennae conform to height limits of Section 4.035. Additional antenna height may be pe~mitted by Coflditional Use Permit pursuant to those procedures set forth and regulated by Section 4.20. Notwithstanding Section 4.20, no Conditional Use Permi= shell be granted unless a public hearing is held and there is a finding thaC the additional height is technically necessary to serve :he Ne~ Hope area and thac :his additional height will have no adverse effect on the area surrounding studio. (Ord.. 82-7 ) Pemnit~ed Accesso~ Uses. The following ars pnrmitted accessory uses in an "I-1" U~sCF~c~ (1) Less ln~ensive Dis~ric~ Uss. All permitted accessory uses aa a~loved ~n ~e 'Bo4' O2s~rict. (~) ~a~tnq RsC&bltshmencs. Ca£scerias, restaurants, cigar and candy ~ouncers, sn~c~ ~nrs and similar uses, provided such uses are 4.144 Conditionel Uses. l~e following are conditXonel uses in en "~-1" Dietricc~ (aequ~res a conditional use p~rn~c ~sed upon procedures se~ forth in and regulated by Section 4.20 and compliance v~h 4.033 (3), Screening, 4.033 (S) Shielding of Lights). (1) Open Storeqe~ Accessory. Open and ou~loor storage as · cond~t~ooe~ accessory use provided tbe~ /*-73 07268& ! [ [ I I I I I I I I I I I I I I I I Screened From Res[dent~a~ Uses. The area ~s fenced and $creene~ from ';Kew o~ neigh:Orang residential ~ses or =f a~u:=~ng a residential distr~:: ~n compliante w~:n Section 4.033 (3). dus~. Outdoor Sales and Service, Accessory. Sues or outdoor service, sale and rental as an accessory use provided (a) Area limit. Accessory outside service, sales and equ=pmen: rental connected with a principal use is limi:ed to thirty percent of the gross floor area of =he principal use. (b) Screened from Residential. Outside sales areas are fenced or soreened ~rom view o~ neig~Ooring residential uses. (c) Surfacing. Sales area is grassed or surfaced to control dust. (3) C4) Planned Unit Develooment, Industrial. Industrial planned unit developmen: as regulated by SsctZon 4.19 of this Code. Schools{ S~ecialty. Schools such as gymnastic training which require building design features (height, c~ear span roof, etc.) typically found in industrial buildings exclusively, provided that: (a) Bouts. School may operate only between the hours of 6:00 a.m. :o lO:O0 p.m. daily. (b) Scheduling of Special Events. A~ special events (exhibitions, Itc.) must ~e scheduled on night, weekend or holiday times so es to eliminate conflict with daily work tre£~ic and parking d~nand. (c) Code Compliance. Compliance wit~ City and S~ate Life and sa£s~y codes. (S) Schoolsr Tr&inin~. Training Schools, provided that: Principal Use. The school is operated as an adjunct of the principal use to provide training fo~ the consuma~, distributor, or installer of the product, process or service which is sold, distributed or manufactured under tam principal uae. (b) Code Compliance. Proof of compliance with City and State life and safety codes ia clearly shown. (c) Parking. Adequats on-site parking is providsd so that no c~stomers, visitors, or employees are ~squired to park out- side the existing off-street par~ing areas of the business as a result of the operation of the school. 4-74 072'684 (6) Retail Sa[e$~ Limited. Retail sales of products manufactured or processe~ on the site. Area. All sales are conducted in a clearly defined space meeting all requirements for retail sales. Access. The building where such use is located is one hav~ng access to at least a collector level street, w~thout the necessity of using resIdential streets. (c) Hours. Hours of operation are limited to 8i00 a.m. to 9:00 p.m. Restaurants. ( 8 ) Motel. (9) Commercial Recreation Facilities. Commercial Recreation, provided tha~: (a) Access. The site of the proposed use has direct access an arterial street as defined in the City Code, w~thout utilizing public streets of · lower traffic handling classification to reach the arterial street, and (b) Cc) id) P~oximlty to Residential. The outside perimeter of =he s~te, es legally described is, 500 feet or more from the boundary o£ a residential zoning classi£icatiofl, or Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area es to cause impairment in Screen~n~ From Residential. Parking areas shall be screened ~om view o~ residential districts and shall be curbed vita continuous concrete curbs not less than six inches high above U~e perking lot or drivewa~ grade, &~ the curb line. (e) Access. Vellicular access points shall be limited and ~'~ed and constructed to crea~e a minimum of conflic~ w~th ~rough traffic movement. (fi LLgh~inq Shielded. All lighting shall b~ hooded and so - d~rec~ed ~A&~ ~Ae ligh~ source is no~ visible from the rtghteof-v&y or ~rom a residential zone or use. (g) Surfacing: The entire area other ~h&n that occupied by I buildings, s~:uc~ures or plantings shall bituminous or concrete ma=erial which will control dust end drainage. The material and grading shall be subject to the · approval of I Ch) Landscaping. Landscaping shall be provided and the type of p~ancing material end ~he number and size of plante sAa~l be sub~ect to ~e approval o~ the City. 07268& ! ! (lO) ~olid Waste Transfer Stations. a) Purpose. The purpose of t~is section is to establish standards for the development of energy resource recovery- Solid Waste Transfer facilities. ! ! ! ! I ! I General Provisions. (i) Area. The site must be five acres, or larger. (ii) (iii) (iv) Access. The site shall not be more than one mile from a nine ton roadway. Sites adjacent to County State Aid Highway No. 18, or arterial streets, are to be preferred. Development. The site development shall not require ma~or slope cutting, filling or off-site utility work. Ownership. The site must be owned by Hennepin County or privately held and currently for sale. (v) Traffic. A thorough Traffic Analysis must be made of the existing and anticipated impacts upon streets within the City of New Hope. This study would be based upon the Goals and Objectives of the 1974 New Hope Transportation Plan. Deveiolment shall be consistent with this Plan and shall be evidenced by the Traffic Analysis. (vi) (vii) Environmental. The site must be well-buffered and have minimal visual, activity, and noise impact on residences. Noise'. The site must be 1000 feet from the nearest re~-~ence and yell buffered from residential areas as to sound pollution, end shall confom with the Noise Ordinance o£ the City of New Hope. (viii) Land Uae. ~he site development shall confom with the i (ix) Water 9uel£ty. The site development shall minimize _ _ impacts on wetlands, streams, lakes and poflding areas. ! I I ! (x) Recreation. l~e site development shell not ~nflict with existing recreational facilities in the City. (xi) Public Hearinq. Coaunents and testimony of the public off CAe proposed use of such a site viii b~ heard and made available ac one or more, Public Hearings in the City. (Code 072684) (11) Self Storaqe(mlfli warehouse) Facilities. Provided That~ 4-78 072884 (&) ~. At least th£rt7 ~£ve percent the s~te £, open, green space ~h£c~ is sodded and ~ncensel~ landscaped £n accordance w~ a plan approved bF ~e ~F ~uncil. Suildin~ Cove~a~-. 8ulldinq coverage shall nO~ exceed ~or~Y-percen~ of ~e lo~ area. located cloaer ~aa ~ir~Y-E~ve ~ee~ ~o each o~her ~o allow ~or pa~kiag, loading, drlvevaM and E~e lanea. (~J a~ll~ln~ ~en~=h. ~ building .hall ~ ~rea~er t~am o~e hundred ~l~tM ~eee in length. (e~ ~. ~e ~pace il provided ~. A~ s~ruc~ures are ~o be vzcnLn ~vo hundred ~eeC o~ a ~ire hydrant. CS) So,inkier Sysco-. A~% seorage bul%~Lngs are ~o ~ ~uipped v~h dry sprinkling vh~ch wL~ ~ subJec~ ~o review and o~ ~he ~ Bu~ding O~ciaL and the OLrec~or o~ ~Lre and Safety. ih) Plre Ala~ SysCo-. ~ery 2,000 square ~ee~ o~ ~he storage structure Ls co ~ separated by a ~re val~ and a ~mpZe~e and comprehensive ~Lre alam sys~m vt~h ~o~e ~ececcorl Ihl~ bi LflA~La~ed tn eac~ s~ruccure .ub~e~ ~o ~he revtev and approva~ o~ ~he Olrec~or o~ P~re end Or~veway~ and Parklflq Area. Ail ~rLvewa~s and ~r~.~ areas are ~o be ,ar~ (bXack~op or ~ncrece) lur~a~ and ad~ce radius ~or ~Lre ~ruck Mneuverabil~y ~s ~o be MAn,anneal ~hroughou~ ~he OesLgaa~ed snow ,~orage space ~s ~o ~ Provided ~o insure ad~e and safe access during Ka~er .Care.~a~er A_oer_~___~n~. Z~ an 'on-premises- caretaker dveAZ~ng unt~ ia provided on sake, eon_o~.ruc~.loo of said dveXling unit shaXX ?onzoL1 ~o aX! design a~.andard regule~.ione ~.or mu].~ipLe ~amLXy ~e~lLflg unL~ o~ ~he aznaeoo~ S~ee hAZdLng ~e and the b g~e ZonLng a~ luSXdiag ~e. ~e o~pan _ or and ~l~r area .~an~rdm naZ~ M maeroz~d by sec~Aono 2.252, 3.36~, g La mfl~omflce .~oa 4.034(%0)(i) of ~hAI ~e. (k) ~1~ ~raa~. ~Y s~rue~uro~ havLng ~ure. ~o n M3a~o~ reeidenCLaL uae or 4-11 I I I I I I I I I I I I ! ! ! ! ! (12> $5-24 ) of pro~ane o= LP gas shall De allowed as a conditional accessory it is stored for e use incidental to said occupant's business, it is not stored ~or wholesale or retail sale unless specifically permitted b~ another Section o~ this Code, and =he following (a) ~ocation. AIl propane o= LP gas outdoor storage tanks shall ~e Located in the =ear yard not iess than twenty-five ~eec ~rom any proper~y bounder7 lines. ~o tanks shall be ~rmitte~ in the ~ront yard and side yard abutting public streets. O~en Area. Storage tanks shall be surrounded by twanty-~ive (25) ~aet of open area. Storage of any kind is prohibited in said open ere&, except equipment incidental to the storage tank. Approved parking areas must be setback ten (10) ~eet er~s any storage tank. (c) Setbacks fr~m Building. Storage tanks shall be setback ~ro~ ex,sting structures, as outlined in the Uniform Fire Code, based on tank size. Cd) Circulation. Storage tanks shall not inter,ere with site circulation including, but not limited to, perking, driveway, curb cuts and loading areas. (e) Fencinq. A wire weave/chain link security ~ence shall be required around ell storage tanks. The location o~ the ~ence shall be as per the Uniform Fire Code. (f) Access. Storage sites shall be accessible by service and emergency vehicles. (g) Valves. AIl Eilliflg valves of the storage tanks shall bi eflc--~l~ed and.have locking devices. (h) ~arning Slgnage. A yarning sign shell be required ~or every tank and eh&Il be placed in a conspicuous lo~atlon directly on the ~ank indicating a supplier's name, address, phone number, that highly dangerous and £1ammeble material is stored therein and that no smoking requirements must be observed or a sufficient warning to that select. Said sigflage may not exceed ~ouF (4) square ~eet nor may it be used for advertising purposes. (Ord. Il-IS} 4-77A 072804 OUTDOOR STORAGE IN THE !-1 ZONING DISTRICT 4.14 "I-l" LIMITED INDUSTRIAL DISTRICT 4.14, 4.141, 4.142, 4.143, 4. 144 (1) 4.141 4.142 Purpose. The purpose of the "I-l' Limited Industrial District is to provide for the establishment of industrial development in a well planned, residentially compatible setting. Permitted Uses. The following are permitted uses in an D~s~ric~: (1) Radio and Television Antenna Farm (2) Research (3) Trade School (4) Warehouses (S) ~ssential Services (6) Governmental and Public Utility Buildings and Structure~ (7) Building Materials Sales and Storage (8) Enqravinqf Printing and Publishin~ (9) Medical~ Den~al and O~tical Laboratories (lO) Wholesale Business (11) Manufacturing etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and (12) Automobile M&~or Repair (13) C~o~ercial Offices (14) Cable TV Limited scope production studio for franchised Cable- TV company allowing for production of community oriented cable television programming produced by and for members of the community or commercial programming limited to presentation on the cable system serving only New Hope and other member cities of the Northwest Suburban Cable Communications Co~mission. Said use shall require all antennae conform to height limits of Section 4.035. A~ltionel antenna height may be pa~mitte(I by Conditional Use Permit pu=luanC to those procedures set forth and regulated by Se=tio~ 4.20. Notwithstanding Section 4.20, no Conditional Use PeClmit shall be granted unless a public hearing is held and there is a finding that the additional height is technically necessary to serve the New Hope area and Chat this additional height w~11 have no adverse effect on tAe area surrounding the studAo. (Ord. 82-7) 4.143 PermittedA~esoozFUses. The following ace permitted accessory uses (1) Leos Intensive DLstrict Use. All permitted accessory uses as (~. ~2ine ~bZLs~en~o. Cafeterias, reo~uran~l, cigar and ~ndy __.. ~s, ~cK ~rs and s~e~la~ uses, provided suc~ uses are prmzily ~or ~e use of mployees la =he ~ed~a=e area. 4.144 (3), Screening, 4.033 (S) Shielding of Lights). ~/~~pen S~oraqer Accessory. Open and outdoor storage as a provided that: ~%~_.__.~____~-/conditionel accessory use · 4-73 Conditional Uses. The following are conditional uses in an "I-1" District, (Requires a conditional use permit based upon procedures set forth in and regulated by Section 4.20 and compliance with 4.033 07268& ! ! ! ! ! I II 1 Screened From Residential Uses. The area is fenced and screened from v~ew of ne~gn~or&ng residential uses or if 4.033 (3). (b) Surfacing. Storage area is grassed or surfaced to control dust. 'Outdoor Sales and Servicer Accessory. Open or outdoor ~ale and rental as an accessory use provided that: service, Ca) Area limit. Accessory outside service, sales and equipment rental connected with a principal usa is limited to thirty percent of the gross floor area of the principal use. (b) Screened from Residential..outsi~e sale? areas are fenced or screened ~rom view of neighboring residential uses Surfacing. Sales area is grassed or surfaced to control dust. I I (3) C4) Planned Unit Development d ~---- f~n~ustria~, ~nd~strial planned unit evelopmeflt as regulated oy ~ection 4.19 sE this Code. Schoolsr Specialty. Schools such as gYmnastic training which require building design features (height, cleat span roof, etc.) typically found in industrial buildings exclusively, provided Hours. School may operate only between the hours of 6:00 a.m. to 10~00 p.m. daily. ! I (b) (c) Schedullnq of Special Events. All special events (exhibitions, etc.) mus~ be scheduled on night, weekend or ho~iday times so as to eliminate conflict with daily work tra££1c and p~rkiflg demand. Code Compl/ancm. Compliance with City and State life and e&£ety ~odee. (5) S~hooXsr Trmininw. Training Schools, provided .. (&) ~. The school is operated as an adjunct · v& &~m~&&lr o~ cna product· procell or service which is sold, distributed or'manufactured under the principal use. (b) Cc) Code Compliance. Proof of compliance with City ~nd $~ate life and safety codes is clearly shown. Parkinq. Adequate on-site parking is provided so thaC fie customers, visitors, or employees are required to park out- side the existing off-street parking areas of the business as a result o£ Ohm operation o~ the school. 4-74 07268& 4.{44 (11) (1) - (12) I I. ! I I I I ! ! I I I I I (1) OCher Bus£nese &cCtvicy. No reCail£ng, wholesaling, manufacturing, repair, or ocher such acC£viCy ocher Chart storage is to occur within the self sCs=age, mini (Ord. 8S-24) ~utdoor Storage of Propane or LP ~as~ Accessory. Outdoor storage of propane or LP gas shall be allowed as a conditional accessory use prov£ded LC is used exclus£vely by the occupafl= of sire where £= is scored for a use incidental Co said occupan='s business, requirements ara satisfied. Ca) Location. ALL propane or LP gas outdoor storage Cafl~a shall be located in the ~ear yard not less than twenty-five feeC from any property boundary lines. No Casks shall be permLt~ed ~n the front yard and side yard abut=lng public Open Area. Storage tanks shall be surrounded by (25) ~eeC of open area. Storage of say kind is iff said open area, excep= equipment lncidefl=al to the storage ~aflk. Approved parking areas must be se=back (10) feat from any storage Sank. Setbacks from Buildin-. Storage Casks shall be se=back from ex,st=fig structures, as outlined in the Uniform Fire Coda, baaed on ~:aflk size. Circulation. Storage Casks shal~ nsc in=eFfete with circulation including, hut not limited Co, parking, driveway, curb cuts and loading areas. d ' A wire weave/chain link security fence shall be around all storage ranks. The location of the fence shall be as per the Uniform Fire Code. ~ccasa. Storage sl2aa shall be accessible by service and ~mergency vehicles. (b) (c) (d) (e) Cf) (g) (h) Valves. ALI filling valves of the storage tanks shall be eflc-~ed and ~ave locking devices. warning SAqnage. A warning sign shall be required for every ~an~ and sA&LA be placed in a conspicuous location directly on ~he thom And/eating a eupplier'e flame, address, phone number, ~hat highly dangerous and flammable material ia stored ~hereAn and that no smoking requirements must be observed or a euffleLent warning to that affect. Said eignage may nsc uceed four (4) square feet nor may it be used for edverCAe~ng purposes. (Ord. 8I-XS) 4-77A 0?2884 (2) (3) Special Raautrem~nta For all Limited Induatriml Use,. Lot Coverage. , Not more than Forty percent of the lot, ~arcel or track of land shall ba covered in a Limited Industry District. Lot Area. In determining the minimum lot aras requirement of one acre, the contiguous dedicated streets shall be excluded. (Code 072684) Green Arge. At 1Salt twenty percent of the lot, parcel or tract of lan~ shall remain aa a grass plot, including shrubbery, plantings or Fencing, and shall be landscaped. Required minimum green area should ba emphasized in the Front and aide yards abutting streets or residential property. The word 'landscaped" means a controlled surface and grade and plantings to allow a a~3oth surface flow and being under continual maintenance For the preservation of scenic harmony. (Code 072884, Ord. 93-04) (4) ~c~L~-~_t~. The minimum setback For perking lore aha11 be twenty Feet adjaqent to a residential diatrict and ten Feet adjacent to a non residential district. (5) Employee Parkina. NO parking lot in Front of t~e buildtng aha11 be used by vehtclee of eml=loyeel. (7) (8) Parkinm Lot Screentna. The parking lot in Front of the building shall be screened fr~ the street and From adjoining property in the residential diatrtc~ in conformlnce with the provisions of Section 4.033 (3). Landaceoinm Plans. Oet~tled l~ndecaping plane ohs11 be submitted to City Council and approved before a building permit may be obtained. Oeei.n Standards - Curb Cu~-. All off-street parking facilities e~e11 be deeigfle~ with approorte~e moefla of vehicular accaea ~o · street or alley aa well aa mefleuvertflg ares. Curb cuts shall be place~ at intervals of not leas seventy-five fee~ of ~ tn~raoc~ton, a8 ~mour~ fr~ tho drivmwmy cen~erl~ne 11~ ~~ ~e ~r~veled ~urf~ce ~he ~n~er~ec~tng edge of ~he ~r~vel~ ~ur~. 07268~ TO: KIRK McDONALD FROM: DOUG SANDSTAD ~ / / DATE: SEPT, 12, 1994 SUBJECT: PROPOSED ORDINANCE CHANGES REGARDING INDUSTRIAL OUTDOOR STORA GE I would recommend that we add some clarifying langauge to the draft ordinance in the July 21st letter from our consulting planner. With an apparent serious need for minor outdoor storage, nearly 40% of our 113 industrial property owners could become benefit from an improvement in the code. A number of them would be required to reduce their storage or, perhaps, install fencing or screening, however. Legal, nonconforming outdoor storage would be allowed to continue, but that which we have not allowed through a CUP could be subject to a new code. Two areas must be specifically outlined in any such code change: * Building / Outdoor Storage Ratio; My suggestion is to limit the "permitted outdoor storage" to a maximum of 10% of the adjacent building area This underscores the ACCESSORY nature of the * Prohibition of hazar~ liquids, solids, gases and waste other than a rear yard LP tank, ~ved by the Director of Fire & Safety. In all ~ z~tt. ff would want a current lot survey submitted, along with a "Proposed Outdoor Storag~ Plan~, before approving them. cc: file or we ssociat Consultants, Inc U R B P L N G D E S N M A R K E T R E S E A R ~=~H M'~MO~UM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 21 July !994 New Hope - Industrial Outdoor Storage 131.00 94.04 BACKGROUND At your request, we are providing you with suggested Zoning Ordinance language regarding outdoor storage as a permitted use. ~SUES Currently, the City of New Hope Zoning Ordinance stipulates that a conditional use permit'is required for outdoor storage within the City's Limited Industrial District (I-i) and General Industrial District (I-2). However, within these districts, there are many instances of non-compliance, where outdoor storage is being utilized on the property without a conditional use permit being issued. In order to eliminate this non-compliance, the City may seek to amend the Zoning Ordinance to make outdoor storage an accessory use. To amend the Zoning O~din&nce requirements to allow for open storage within the I-1 and I-2 Districts without CUP, and to set standards_L~garding the storage, following language is offered to be integrated into the New Hope Ordinance. 5775 Wayzata Blvd.-Suite 555, St, Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 4.033 (9) Exterior Storage. (e) Accessory outdoor storage within the I-1 and I-2 Zoning Districts is allowed under the following conditions: (i) The outdoor storage is accessory to a permitted or conditional principal use of the site. (ii) The outdoor storage must meet the required setback of the respective zoning district. (iii)The area is fenced, screened and landscaped according to a plan approved by the Zoning Administrator and a landscape guarantee as determined by the Zoning Administrator is provided. (iv) The storage area is surfaced to control dust. (v) The exterior storage must be exclusive of required parking and/or loading space. To fully address this issue, it is suggested that the exterior storage standards (Section 4.033 (9)) be expanded to include outdoor storage as a permitted accessory use within the I-1 and I-2 Districts. Additionally, the open storage standards within the conditional use sections of the I-1 and I-2 Districts (Sections 4.144 (1) and 4.154 (1)) would be repealed. pc: Doug Sandstad TO : KIR~ McDONdLD FROM: DOUG SANDSTAD DAT~: APRIL 20, 1994 SUBJECT: FOCUSED RL~VIEW OF EISTING CONDITIONS-INDUSTRIAL LAND WIT}{ ODTDOOR SIORAGE AND/OR "FRONT" PARXING. This summary and the attached graphics respond to a recent Planning Case. number 94-9 and the staff perception that our older front yard parking prohibition in the [-L Zone. may be obsolete or in need of improvement, most recently discussed with Planning Case number 94-8. The former invo2ved an industrial proper:y owner who was ordered to remove illegal outdoor storage or obtain the necessary CUP. His petition is pending. The latter case involved a recently approved office-warehouse project of Brad with significant front yard parking that was well buffered with landsgaping and eventually approved by both the Planning Commission and Council. pertinent city code sections for outdoor storage in industrial areas 4.142, 4.144, subdivisions 1, 2 & 12, 4.145 and general language in ~..L. that 4.142 lists one classic major outdoor storage business as. a Permitted , Lumber Yards (~7)! By code , all other outdoor storage varie~ies require P. The code language thac relates to "Front" parking in industrial areas is 4.145(4) and 4.145(5) and 4.022(84). The latter deals with the definition of a "front yard", although the parking issue ac hand results from "parking in front of the building" verbage which normal humans take to be ~he same. Not this time. We have a number of industrial properties on loc corners or "through" lots where building front and front "yard" are different. See ~6 and 917. While both are attractive lots with greenery on the pictured street, 917 represents the prohibited parking in "front", which is also the front "yard". Photo #6 illustrates how the front "yard", as defined, has nothing co do ~r~th the perceived front, usually where the entry exists. This is a green front yard that complies with chi code incest in 4.022(84) buc the actual parking is lumped in the defined side yard along Boone Avenue, where the front door is (the perceived front). While the practice has been to consider the I-I limitation language co pertain co front "yard" parkin$, iC does not say chat in 4.145(4). Only a Zoning Administrator could follow Chis maze. Perhaps we need co clarify and modernize. In brief, C~e assorted photos will confirm my conclusion after visiting ail 115 industrial lots in the last week: All of the existing parking situations have been Planning Commission and Council approved. Most of the projects built since 1970 have a reasonable strip of greenery between the parking lots and the public street near the main (front) entry. They all include sod and a few crees, while many have a berm and shrubbery, also. Photo has been enlarged for you (before the trees have had a chance co leaf out this Spring) co show a recent office-warehouse whose building and four front doors are almost concealed from street view to "screen" about 6 parking spaces. This building is nearly 100 feet back of street curb. lc may make more sense for everyone co focus on the quality of the front landscaping, continued... ekd the value La our :ew 20% Green Area Racio. In addition, :he securi:v £~ enhanced because our police pacroi cars can view front doors without hi~n terms in :ne way, o~herwise encouraged by 4.[45~.6), requiring screening. 5!ne design flexlbiltv is restored to the prcper:y o'~ners, while ~he variety and inves:men: in the greenery can be assured through our process, if ~e recognize how development has occured. Some proper:7 in i-. genes are now able to consider building expansion, because of our [993 dec~sion on green area ra~ios, bun are prevented from adding required parking in "front" where an oversized yard exists. Everyone agrees ~he street views of a property, regardless of ~ich "yard" the code labels are always more impor~an~ from an aes~he:ic and proper:y value s:andpoinc. Maintenance of properties, including industrial, is related to the owr. ers willingness :o fully, reasonably, develop and use :he building and land. We can encourage inves~men~ and improve :he "curb appeal" of indus~riai lands, by removing an arrifical barrier to "front" parking and placing emphasis on ~he quality of :he site design, by policy or law. For example, :he same I-1 list of special restrictions in 4.145 requires a 20 foo~ green yard along loc lines near residen=ial and t0 fooc along other proper=les. Ignoring =he ques=ion of =he increasingly blurred line chac used to con=ras~ "Heavy Industry" (I-2) from "Limi=ed Industry" (I-~), we could establish a minimum green se=back along =hose visible street areas of some=hing like 25 fee~, allowing significant landscaping, while continuing co require the 20% G.A.R. in I-1 zones. Ano=her observation I made during =his survey is chac "Visitor" parking signs, suggested by 4.~45(5), are now missing, never were installed 20 years ago, are ignored by employees and =he owner of =he business, who expects ~o park by the front door, or seem to make no sense ~o normal humans. Since we do noc allow property owners ~o "reserve" parking spaces on chair land wi=h signs, except for scats required disability parking, the posting of a few "Visitor" signs seems superfluous. Attachment "A" provides the counts for both front parking and outdoor s=orage scattered among our indus~rial properties. Outdoor storage in industrial zones always requires a CUP, by ci=y code. As identified by Mr. Palanisam/ in his recent planning case discussions, significant numbers of violations exist on chis subjecc. A quick survey of all 115 lots su$~esC chac abouc one-third of the outdoor scorage uses are illegal~ Semi-~railers seem co be the most common variety, as revealed in photos 91, 13 and 15. No~s chac photo 915 is approved oucdoor scorase with screenin$-solid fencing,shrubs and a hill near cbs property line. is bareLF visible from cbs s~reec 400 feec away. Photos 91 and 13 are taken near h~ily-~ravslsd roads, Medicine Lake Rd. and Scats Highway #169. Both uses are plainly visible. Photo #~ is cbs Petitioner requesting a CUP and-a-he ~ocCom photo shows che adjacent neighbor wich about lO semi- trailers, no~-approvsd by ~he city. In general, New Hope has approved many CUP requests for outdoor scorass, buc they tend co bm locacsd in rear or less-visible areas and ~o soma degree have visual screening. Photo is an approved CUP wi~h s~orass on an expensive slab wich solid screening fence in the rear yard of a los. Photos ~I0 and Il show fron~ and rear storage plainly visible through an open cyclone fence.the same loc. The numbers clarify cha~ ic is somewhat common co have a need for outdoor storage in our leas~ sensitive zoning districts, and Council has recognized chis facc wich many approvals. The same code even. allows a lumber yard in chess areas, w~h~z sl~ecinl a~rowal. Should ohm focus of the city be continued .... ~he location <yard), the Cf? ordinance language & conditions, making mlncr cu:door storage a permitted use wzth a few conditions or none of ~he ?arhaps the ~e of material and equipment s:ored is important. 7he char~ "A" and :he four industrial land naps do no~ even include above L? ~anks, which un~il recently, did not require a CUP. Staff only ailow ac cons:ruction sites and in :he industrial areas. Uniike mos~ s~orage, :hese :inks are fixed in piace and carefully regula~ed and inspected by Fire Marshal. Char~ "A" numbers would be much higher for outdoor storage, if they are lumped into ~he same category. In one sense, we need :o rememoer tha~ it is an industrial area we are considering. Security fencing around mos~ of the industrial storage seems to be justified, although no~ always present. The Fire chief found an un~ended, unlocked semi-trailer half-f~il of combustibles las~ week on one lot, stored away from the building. The ?alanisami CUP reguest has some uniqeness; *The lo~ is nearly a ~riangle, wi~h ali four building walls and yards visible from one of ~hree roadways. *The adjacent neighbor has major outdoor storage of semi-~railers without apparent city approval. *This request is small compared to a si~e on ~he south end of ~he city that had l~ semi-~railers illegally stored ! Bo~h of ~he code-$enerated issues discussed, here, may be evidence of the need to consider zonin$ codes and planning policies dynam~c processes. Like buildi~$s, you can'~ Just erect them a~d forge~ about them. You have to watch for foundation cracks, patch roof leaks and tiShten loose stair handrallinss. I am certain :hat the quality of our newer buildings and site plans is much improved over the standard practice of [962, but we may want to modernize a code section or two,before ~he "roof leak" Sets ~oo bad. [f there is soue interest in considerin$ code amendments, I recommend chit we landfill the obscure lan~uase and simplify, so that everyone can understand che m~aninss. Please advise, if you would like additional details, o~ a meecin~ to pursue the matter. cc: file 17 atcachmenCe City of New Hope INDUSTRIAL PROPERT~ LIIiITED SCOPE STUDY April 20, 1994 :ndustrial Land Map: BASE DATA: 96 Lots I-I Zone (83%) 19 " I-2 " (L7%) coua~ 115 Properties A ! OUTDOOR STORAGE~ "FRONT" PARKING: I-t I-2 I-2 11 - 2 3 1 2 11 - 13 - - 3 6 Council Approved: 25 total 5 22 9 (~[26 Z] LOOZ NOTg: 47 Different properties have storage or front parkin$ [~1 I] 10 Lots h~ve illeaal storase [9 I] _Ooel hoc include LP tank installations All Properties visited between April Ii and April 20, 1994. DES ~-9~ Ney ~ope ~' ZONI~I~ DISTI~IC*I' CITY ~ NE""~ HOI~ R'O R.4 R'4 Irl~,O - pbo(:o reference ...--her IL .. eI, OADXB~ ru ]flf2gT OZ 11,4 ~C~ - photo reference mmber IL - 'LOADXI~ nS FIf~T OF 1.2 R.4 B-4 NATIVIT'Y ,]~ LUTNIIIAtl CNU#CN //_._. -pllor. o z~e.:t'e~enr~ [L - "T.,OdJ)~ 're ~ OIF BI3"Z~qG' S" "OUTIX)OI P" ""'PAIK3:IG :l:l IJ'RI31T O~ "photo reference mmber IL - "LO4D]:iI= :El FII3IT OF *4 CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: September 27, 1994 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues September 12th City Council Meeting - At the September 12th Council meeting, the City Council took the following action on planning cases and other related issues: A. Planning Addition, subject to Case 94-21, Request for Preliminary Plat Approval for City Center 7300 42nd Avenue North, City of New Hope, Petitioner: Approved the conditions recommended by the Planning Commission. B. Planning Addition, Approved Case 94-22, Request for Preliminary Plat Approval for Camerons 6073 Louisiana Avenue North, City of New Hope, Petitioner: subject to the conditions recommended by the Planning Commission. Co Planning Case 94-25, Request for a Conditional Use Permit to Allow Construction of a 95' Antenna Tower and a 12' x 24' Equipment Building, 5700 International Parkway (Victory Park), U.S. West NewVector Group, Inc., Petitioner: Approved subject to the conditions recommended by the Planning Commission. The Development Agreement and bond requirements have been prepared and forwarded to U.S. West for execution (see attachment). Do Resolution Approving Antenna Site Agreement Between U.S. West New Vector Group, Inc. and City of New Hope and Authorizing Mayor and City Manager to Execute Agreement: Approved subject to some minor modifications regarding insurance requirements and removal of the tower from the site at the end of the lease. Planning Case 94-23, Request for a Conditional Use Permit to Allow the Construction of an Equipment Shelter and the Erection of a 115' ESMR Cellular ~_Telep_hone Antenna/Radio Tower, 5008 Hillsboro Avenue North, OneComm Corporation, Petitioner: Approved subject to the conditions recommended by the Planning Commission. The Development Agreement and bond requirements have been prepared and forwarded to OneComm for execution (see attachment). Resolution Appointing Planning Commissioner(s) for. Term(s) Expiring December 31, 1997: The City Council interviewed four applicants for the Planning Commission prior to the Council meeting and took action to appoint three members to the Planning Commission and appointed one to the Citizen Advisory Commission (see attached resolution, letters and applications). Resolution Authorizing Transfer of 7109 62nd Avenue No~h From City of New Hope to Economic Development Authority (//511): Per the City Attorney's recommendation on the Preliminary Plat of Camerons Addition, the City Council passed a resolution transferring all development authority for this parcel to the EDA (see enclosed letter/resolution). Resolution Initiating Vacation of Utility and Drainage Easement in Proposed Camerons Addition: Also, per thc City Attorney's recommendation on the Preliminary Plat of Camerons Addition, the City Council passed a resolution initiating the vacation of a drainage and utility easement and the public hearing will be held on October 10th (see enclosed resolution). Planning Case 94-14, Cooper High School Conditional Use Permit for Athletic Field Expansion: A motion was introduced and approved to suspend the tabling of the Cooper Athletic Field issue to receive an update from the City Manager and to receive public input at the September 26th Council meeting. The City Manager indicated that he had been working with School District officials on a revised plan that would address the concerns of both the City and the School District. September 26th City Council and EDA Meeting - At the September 26th Council meeting, the City Council took the following action on the following planning issues: Ao Planning Case 92-19, Resolution Extending Conditional Use Permit to Allow an Adult Day Care Facility in an R-5 Zoning District at 5501 and 5425 Boone Avenue North: Approved a one-year extension on the CUP for the Adult Day Care Center proposed by CareBreak at 5501 Boone Avenue. Please see enclosed letter requesting extension. Bo Co Resolution Authorizing Reduction of Letter of Credit for Five Thousand 2nd Addition: Approved a reduction in the Letter of Credit for Navarre Corporation due to the fact that the majority of items have been completed. Planning Case 94-14, Discussion Regarding Cooper High School Athletic Field Expansion: The Council received public input on the athletic field expansion after the City Manager presented a compromise proposal that the City has been working on With the School District. This issue will be discussed again on October 10th. Letter of Intent by Minne Mufflers, Inc. on City-Owned Parcel at 42nd and Nevada Avenues - The EDA declined to accept a Letter of Intent submitted by Minnc Muffler, Inc. for thc City-owned parcel at 42nd & Nevada. The £DA indicated that they would prefer a development that was not auto-oriented (sec attachments). Development of Cit?Owned Parcel at 5009 Winnetka: The EDA agreed that the City would act as the developer for this property and construct a handicapped accessible duplex, as originally proposed, with the 5-City Community Revitalization Corporation providing funds for second mortgage write downs to make the units affordable for persons with moderate incomes (see attachments). Hope Alliance CUP Agreement - The CUP Agreement for Hope Alliance Chapel to allow educational classes has been sent to the petitioner for execution. I believe this project is currently on hold, as no agreement has been reached on the sale of the property (agreement enclosed). Harvey/Keilison PUD Agreement - The PUD Agreement for Winnetka Properties development/expansion on Quebec Avenue has been completed and executed by the petitioner (agreement enclosed). Attachments: U.S. West Approval Letter and Bond Requirements OneComm Approval Letter and Bond Requirements Resolution Appointing Planning Commissioners Resolution Authorizing Transfer of Property Resolution Initiating Vacation of Easements Adult Day Care CUP Extension Navarre Corporation Letter of Credit Reduction Minne Muffler Letter of Intent Hope Alliance CUP Agreement ,~401 Xylon Avenue North New Hope. Minnesota 554,28-~1898 Telephone: TDD Line: 612-531-5100 612-531-5109 C~ty Half Fax' Pofice Fax. =6 !2-53' -5 PuDtic Works Fax: =6 !2-52.3- September 14, 1994 Mr. Bernie Wong U.S. West NewVector Group, Inc. 2510 Mendelssohn Avenue North Golden Valley, MN 55427 Subject: Request for Conditional Use Permit to Allow Construction of a 95' Cellular Telephone Antenna Tower and a 12' x 24' Equipment Building at 5700 International Parkway and Antenna Site Agreement to Lease Property from City at Victory Park Dear Mr. Wong: Please be advised that on September 12, 1994, the New Hope City Council approved the request for Conditional Use Permit to allow the construction of a 95' cellular telephone antenna tower and a 12' x 24' equipment building, as submitted in Planning Case 94-25, subject to conditions: 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. DevelOpment Agreement and bond be required for all landscaping. Approva! of lease agreement and terms by City Council. Maintenance agreement for the site between U.S. West and contractor be submitted to City. Survey and/or site plan be revised to agree with each other, per City Engineer. Detailed grading plan be submitted for review/approval by the City Engineer. Plans to be reviewed by Shingle Creek Watershed for conformance to wetland regulations. A delineation of the adjacent wetland is required. Evaluation of foundation area by soils engineer. The curb cut at International Parkway shall comply with New Hope Public Works. Erosion control must comply with City/County requirements. Furore ingress and egress from the parking area through U.S. West's entrance and drive is allowed by pm'sons using. Victory Park. Driveway area to be of a bituminous surface. Annual ~n by staff. The City will prepare a Development Agreement and forward it to you for execution shortly, along with the bond requirements, as determined by the City Engineer and Building Official. The executed agreement and bond should be submitted to the City prior to the issuance of a building permit. The City Attorney is in the process of making minor modifications to the Antenna Site Agreement, per the discussion at the Council meeting, and the agreement will be forwarded to you for execution as soon as it is received. Family SHied City '~~ For Family Living Mr. Bernie Wong September 14, 1994 Page 2 Please be advised that if the work authorized by this special zoning procedure has not been implemented within a year after final Council approval said procedure shall automatically terminate, unless a written petitioner for extension of time to implement the use of or complete the work has been filed with the City Manager at least thirty (30) days before the expiration. There is no charge for filing of a petition for extension, which should include a statement of facts explaining the circumstances necessitating the extension. If you have questions, please call. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator KM/prs CC.' Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Shari French, Director of Parks & Recreation Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 94-25 Property File (5700 International Parkway [Victory Park]) Bonestroo Rosene Ander!ik & Associates Engineers & Architects September 21, 1994 Ke,~m A Gcrdom PE &gnesM R~ng A'CP M,es ~ cease,~ ~,- ~er-~ ~ Bourdon PE Sco~ g ~rgameK, PE Douglas J Deno~t PE Ted K F:eid PE Mark A ~Jp. PE Paul G Heuer. PE Donald C Burgard/ PE Paul J Gannon A I A Chartes A Er¢CkSOn Thomas A S~ko PE DanCer J Edge~on RE Leo M Paweisky City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Attn: Mr. Kirk McDonald Re: U.S. West Vector Group - Victory Park Our File 34 Gen Dear Kirk: The bond amount for the above referenced project is recommended as follows: 5O LF 400 SY Lump Sum Lump Sum Lump Sum Perimeter fence @ $10.00/lin. ft. Bituminous drive @ $8.00/sq. yd. Special foundation @ $10,000.00 Landscape @ $1,000.00 Restoration/erosion control @ $1,000.00 Subtotal + 50% Bond Increase Total Bond Amount If you have any questions, please contact this office. Yours very truly,_ BONESTROO, ROS, ENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson $ 5O0 3,200 10,000 1,000 1,000 $15,700 7,850 $23,550 MAH:pr 2335 ~/est Highway 36 · St, Paul, MN 55113 · 612-636-4600 4,~0t Xyfon Avenue North ,New Hope. Minnesota 55,~28-4898 Telephone: TDD L/ne: 612-531-5100 612-531.5109 City Hall Fax: Police Fax. PuD/lc Works Fax: September 13, 1994 Mr. Bill Buell Buell Consulting Number 7 Dorset St. Paul, MN 55118-1913 Jonathan/Leah Miner OneComm Corporation 7900 International Drive Suite 170 Bloomington, MN 55425 Subject: Request for Conditional Use Permit to Allow the Construction of an Equipment Shelter and the Erection of a 115' ESMR Cellular Telephone Antenna/Radio Tower Dear Mr. Buell and Messrs. Miner: Please be advised that on September 12, 1994, the New Hope City Council approved the request for a Conditional Use Permit to allow the construction of an equipment shelter and the erection of a 115' ESMR cellular telephone antenna/radio tower, as submitted in Planning Case 94-23, subject to conditions: 2. 3. 4. 5. Building .and tower be raised a minimum of 2' to elevation 892.1, per City Engineer. Detailed grading plan be submitted noting area to be filled, per City Engineer. Approval by Shingle Creek Watershed. Erosion control must comply with City/County requirements. Compliance with all State Building Code requirements, coordinated through the Building Official. Annual inspection to verify the maintenance of the 8' high fence, enclosure, building and tower. Development agreement and bond required to ensure timely completion of the work. Restripe the easterly parking lane to provide 24 stalls that meet City Code requirements. The City will prelJate a Development Agreement and forward it to you for execution shortly, along with the bond ~ents, as determined by the City Engineer and Building Official. The executed agreement and bond should be submitted to the City prior to the issuance of a building permit. Please be advised that if the work authorized by this special zoning procedure bas not been implemented within a year after final Council approval said procedure shall automatically terminate, unless a written petitioner for extension of time to implement the use of or complete the work has been filed with the City Manager at least thirty (30) days before the expiration. There is no charge for filing of a petition for extension, which should include a statement of facts explaining the circumstances necessitating the extension. Family Styled City For Family Living Mr. Bill Buell, Messrs. Jonathan & Leah Miner September 13, 1994 Page 2 If you have questions, please call. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator KM/prs CC: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 94-23 Property File (5008 Hillsboro Avenue North) Bonestroo Rosene Anderlik 8, Associates Engineers & Architects September 21, 1994 Ted K F~ecd. PE Mark A Seep PEPaui G Neuec PE Thomas R At-de"son ~,; A Sac,' W Monen PE John P Gorder. PE ~o~a,d C Burgardt. REPaul J Gannon A ~ A Charres A Er<kson Thomas & S~ko. PE ~anlel S E~ge~on PE Leo M Pawe'sky Fredenc j Stenborg PEA Ric~ ~hm~dt PE Harman M Oisom City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Attn: Mr. Kirk McDonald Re.' Cellular Telephone Antenna 5008 Hillsboro Our File 34 Gen Dear Kirk: The bond amount for the above referenced project is recommended as follows: Lump Sum Lump Sum Lump Sum Restoration/erosion @ $1,000 Pond easement @ $5,000 Special foundation at property line @ $10,000 Subtotal + 50% Bond Increase Total Bond Amount $ 1,000 5,000 10,000 $16,000 8,000 $24,000 If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSEb)E, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:pr 2335 ~Vest Highway 36 · St. Paul, MN 55113 · 612-636-4600 CITY OF NEW HOPE RESOLUTION NO. 94-141 RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS FOR THREE-YEAR TERMS ENDING DECEMBER 31, 1997 WHEREAS, the New Hope Planning Commission consists of members appointed by the City Council as designated in the New Hope Code of Ordinances 2.132; and WHEREAS, several residents have expressed an interest in serving on the Planning Commission and the City Council interviewed candidates on September 12, 1994; and WHEREAS, the appointments of Roger Landy, William Oelkers, and Richard Stulberg to the New Hope Planning Commission is authorized by the City Code and would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of New Hope hereby appoints Roger Landy, William Oelkers, and Richard Stulberg to serve as members of the New Hope Planning Commission for a three- year term commencing October 4, 1994, to December 31, 1997. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of September, 1994. Mayor Attest: ?Z~ City Clerk JJu"1 Xylon Avenue Nor-th Yew Hope, ,¥f¢nnesota 554,28-aR98 7-etrept~one TDD Line: 12-531-5100 12-.531-5109 City Ha// Fax Pot~ce Fax: PuOhc Works Fax: September 15, 1994 Mr. Roger Landy 4417 Flag Avenue North New Hope, MN 55428 Dear Mr. Landy: The New Hope City Council unanimously selected you along with two other residents to serve on the City's Planning Commission. The Council was impressed with your qualifications and interest in serving the City. Your term will expire on December 31, 1997 (3-year term). An oath of office will be administered at your first Planning Commission Meeting of Tuesday, October 4, 1994, at 7:00 p.m. at City Hall. You will receive the agenda packet on the preceding Friday, which will be hand delivered to your residence. This will allow you ample time to read over the material and do a little on-site investigation if you so desire. Should you have any questions regarding the Commission, please contact Kirk McDonald, staff liaison for the Planning Commission. For your review, I have enclosed a copy of the city code 2.13 and minutes from a recent Planning Commission Meeting. Congratulations! Sincerely, Valerie Leone, MCMC City Clerk enc. cc: Kirk McDonald Family Styled City '~~ For Family Living Applying for: CITY OF NEW HOPE APPLICATION FOR COMMISSION Citizen Advisory Commission Chemical Health Awareness Planning Commission o o Bus. Phone How long have you lived in the City? ~,'~, What skills do you have that you feel would benefit the City? Why do you want to serve on this commission? What experience have you had that you feel would be pertinent to this commission? What other civic activities are you involved in? Have you served on any City commissions or boards in the past? Date ~.~C 1 Xy/on Avenue North ~iew Hope. Mtnnesota 55.~28-4898 Telephone' TDD L,,ne' 612-531-5100 612-531-5109 C~ty Ha~i Fax --5 '.-;-.C?'- :- · Pohce Fax. --6 ~: '-: ' Public Works Fax: =6~2-523--.: September 15, 1994 Mr. William Oelkers 5909 Ensign Ave. N. New Hope, MN 55428 Dear Mr. Oelkers: The New Hope City Council unanimously selected you along with two other residents to serve on the City's Planning Commission. The Council was impressed with your qualifications and interest in serving the City. Your term will expire on December 31, 1997 (3-year term). An oath of office will be administered at your first Planning Commission Meeting of Tuesday, October 4, 1994, at 7:00 p.m. at City Hall. You will receive the agenda packet on the preceding Friday, which will be hand delivered to your residence. This will allow you ample time to read over the material and do a little on-site investigation if you so desire. Should you have any questions regarding the Commission, please contact Kirk McDonald, staff liaison for the Planning Commission. For your review, I have enclosed a copy of the city code 2.13 and minutes from a recent Planning Commission Meeting. Congratulations! Sincerely, Valerie Leone,:MC19lC City Clerk enc. cc: Kirk McDonald Family Styled City ~ For FamilyLiving Commission Application ( ) Citizen advisory ( ) (~ic~ H~a~th ~ e o ~at skil ].~ do l~u have that you feel wauld benefit the City? ~ d~ yc~ ~ to serve c~ this o,,.,,i-~ic~? e 440, 1 .',<i.,'cn 4;'e.~,ue North '~e',v .~,©oe. {{inne$ota 55428-~898 Te~eph, one. TDO L:ne. 612-53!-5100 ~ 12-531-5 t09 September 15, 1994 Mr. Richard Stulberg New Hope, MN 55428 Dear Mr. Stulberg: The New Hope City Council unanimously selected you along with two other residents to serve on the City's Planning Commission. The Council was impressed with your qualifications and interest in serving the City. Your term will expire on December 31, 1997 (3-year term). An oath of office will be administered at your first Planning Commission Meeting of Tuesday, October 4, 1994, at 7:00 p.m. at City Hall. You will receive the agenda packet on the preceding Friday, which will be hand delivered to your residence. This will allow you ample time to read over the material and do a little on-site investigation if you so desire. Should you have any questions regarding the Commission, please contact Kirk McDonald, staff liaison for the Planning Commission. For your review, I have enclosed a copy of the city code 2.13 and minutes from a recent Planning Commission Meeting. Congratulations! Sincerely, Valerie Leone, MCMC City Clerk eric. cc: Kirk McDonald Family Styled City '~~ For Family Living CITY OF NEW HOPE APPLICATION FOR COMMISSION Applying for: Citizen Advisory Commission Chemical Health Awareness Planning Commission C Home Phone Bus. Phone How long have you lived in the City? Se What skills do you have that you feel would benefit the City? Why do you want to serve on this commission? What experience ~'ave y~ had that you feel would be pertinent to this commission? What other civic activities are you involved in? Have~ou-serve~on any City commi§sioh%s or boards in the past? Signature~ Date By: COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Consent City. Manager ~ Item No. Kirk McDonald / 9-12-94 '- 6.7 Management Assistant ~ . -- RESOLUTION AUTHORIZING TRANSFER OF 7109 62ND AVENUE NORTH FROM CITY OF NEW HOPE TO ECONOMIC DEVELOPMENT AUTHORITY The property at 7109 62nd Avenue North was ~ from the Department of Housing and Urban Development in November of 1993 for rehabilitation purposes. This spring the ~ Lot 2, Block 1, Carol James Addition. Development plans for the area call for the house at 7109 62nd to be renovated, with the rear portion of the property to be split off and recombined with the property the City purchased from Carol James for future scattered site housing purposes. Currently, the Ci owns one arcel and the EDA owns the other' arcel. The City's past practice has been to use the EDA for development projects, therefore, it would be logical to transfer the City-owned property to the EDA. The platting of the property will also be less complicated if all of the property being platted is owned by the same entity. The enclosed resolution authorizes the transfer of the 7109 62nd Avenue property to the EDA. This resolution is timely so that the transfer can take place prior to completion of the platting process. Staff recommends approval of the resolution. MOTION BY SECOND BY Att~ation: Finance: CORRICK & SONDRALL, P.A. ATTOIAh'EYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 42~'71 FAX (612) 425-5.6'7 September 7, 1994 Kirk McDonald Management Asst. City of New Hope 4401Xyl.on Avenue North New Hope, MN 55428 RE: Transfer of 7109 62nd Avenue North to EDA Our File No: 99.15041 Dear Kirk: As you know, the property known as 7109 62nd Avenue North was purchased by the City from the Department of Housing and Urban Development in November of last year. Subsequently the EDA purchased Lot 2, Block 1, Carol James Addition from Carol and Faye James. Development plans for the area call for the house at 7109 to be renovated, while the back portion of the property wi]] be split off and recombined with Lot 2, Block 1, Carol James Addition for future use for housing. So the City owns one parcel and the EDA the other. The City's past practice has been to use the EDA for development projects. It will be consistent with that approach to transfer the City-owned property to the EDA. Also, the Platting of C~nerons Addition will be'simpler if all of the property being platted is owned by the same entity. Accordingly, the enclosed Resolution authorizes transfer of the 7109 62nd Avenue North property to the EDA. This will take place prior to completion of the platting process. If this Resolut-ion is passed, Z will prepare a deed for Ed and Dan to sign. The deed can then be fi]ed at the same time as the plat. Mr. Kirk McDonald September 7, 1994 Page 2 Please contact me if you have any questions. Sincerely, ~. _. ?/~~._ Martin P. Ma]echa s3w2 Enclosure cc: Valerie Leone (w/enc) Daniel J. Donahue RESOLUTION NO. 94- RESOLUTION AUTHORIZING TRANSFER OF 7109 62ND AVENUE NORTH FROM CITY OF NEW HOPE TO ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of New Hope is the owner in fee of certain real Property known as 7109 62nd Avenue North, located in the City of New Hope, County of Hennepin, State of Minnesota and legally described as: , The West 66 2/3 feet of that part of the East 196 2/3 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 118, Range 21 lying North of the following described line; Beginning at a point in the center line of the Osseo Road distant 275.61 feet Southerly along said center line from its intersection with the North line of said Section 5, thence Easterly to a point which point is described as follows: Beginning at a point in the North line of said Section 5, distant 644.5 feet East of the intersection of said North line with the Northeast corner of said Northeast Quarter of the Northwest Quarter, thence deflecting to the right 104 degrees 40 minutes and running Southwesterly 289.8 feet to said point except the Northerly 33 feet thereof, and WHEREAS, the City purchased the property November 16, 1993 from the United States Department of Housing and Urban Development, and WHEREAS, the City through the Economic Development Authority in and for the City of New Hope (EPA) intends to rehabilitate the existing housing on the property and split off the rear portion of the property, with said rear portion to be combined with Lot 2, Block 1, Carol James Addition, for future housing use, and WHEREAS,~it-is the intention of the City that this housing and redevelopment work be done by the EDA, and WHEREAS, the recombination of a portion of the property described above with Lot 2, Block 1, Carol James James Addition will take place in the platting process of the proposed Camerons Addition, and WHEREAS, it would be in the best interest of the City to transfer the above described real estate to the EPA prior to completion of the platting process and WHEREAS, the City is authorized to transfer the property to the EDA by Minn. Stat.. §§465.035, 459.001 and-469.091. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the City of New Hope hereby transfers to the Economic Development Authority in and for the City oCNew Hope fee title to the following described real property located in Hennepin County, Minnesota: The West 66 2/3 feet of that part of the East 196 2/3 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 118, Range 21 lying North of the following described line; Beginning at a point in the center line of the Osseo Road distant 275.61 feet Southerly along said center line from its intersection with the North line of said Section 5, thence Easterly to a point which point is described as follows: Beginning at a point in the North line of said Section 5, distant 644.5 feet East of the intersection of said North line with the Northeast corner of said Northeast Quarter of the Northwest Quarter, thence deflecting to the right 104 degrees 40 minutes and running Southwesterly 289.8 feet to said point except the Northerly 33 feet thereof. 2. That the City Mayor and Manager are directed to sign such deeds as necessary to transfer fee title to said property to the EPA as described above. Dated this 13th day of September, 1994. Edw. J. Erickson, Mayor Attest: - Valerie Leone, City Clerk CORRICK & SONDRALL, P.A. A~TOR.NEY$ AT LAW Edinburgh Execut/ve Office Plaza 8525 Edinbrook Crossing Suite ~203 Brooklyn Park. Minnesota 55443 TELEPHONE (612) FAX (612) 42S-~7 August 26, 1994 Mr. Kirk McD~-ald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Camerons Addition Our File No: 99.15041 Dear Kirk: I examined the proposed preliminary plat for Camerons Addition and have the following comments: 1. The City of New Hope is listed as the Owner and Developer. The City owns the real estate described by the metes and bounds legal description, which is the property known as 7109 62nd Avenue North. However, the New Hope EPA is the owner of record for Lot 2, Block 1, Carol James Addition. E~ther the City or the EPA will have to deed their.portion of the property to the other'so all property will ~e'unaer common ownership, o, the City and the EDA will ~oth have to join in the plat as owners. 2. The metes and bounds legal description needs to include a reference to the section, township and range. In addition, the legal description contains some slight variations from the legal description cootained on the Certificate of Title. Because this is registered property, the legal description should reflect that contained in the Certificate of Title. 3. The proposed Lot 2, Camerons Addition shows an easement to be vacated. Both Minnesota law and the City of New Hope Code require certain procedures to 'be followed for the vacation of a publicly owned easement. See New Hope Code §6.09. The City can commence a vacation proceeding by its own motion, but published anU Mr. Kirk McDonald August 26, 1994 Page 2 posted notice, as well as written notice to adjoining landowners is required. Prior to commencing the vacation, the legal description for the easement to be vacated must be obtained. 4. Certain minor information required in preliminary plats by City Ordinance §13.041 is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me, the property appears to be zoned R-1 at this time. 5. Because of recent purchases by the City, no title work will be necessary for this plat application. However, the Hennepin County Surveyor's will require at least a letter from our office regarding the status of the title. I will provide that at the time of review of the final plat. 6. With the recent platting of the Carol James Addition, we know that all of the real estate taxes due and payable in 1994 on Lot 2, Block 1, Carol James Addition have been paid in full.. The taxes are also paid in full for the remaining property (7109), so taxes will not be an issue when the plat is filed. Be sure to contact me if you have any questions. Sincerely, Martin P. Malecha s3f2 cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney 62 NDA/ENUE NORTH ' S COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent -- Item No. Kirk McDonald ,~) 9-12-94 By: Management Assistant Byl/~/ 6.8 RESOLUTION INITIATING VACATION OF UTILITY AND DRAINAGE EASEMENT IN PROPOSED CAMERONS ADDITION In the platting of Camerons Addition, where the rear portion of 7109 62nd Avenue is being combined with the rear portion of 7105 62nd Avenue to create a new scattered site housing parcel, a utility easement cuts across what will be Lot 2 in Camerons Addition. This easement serves no purpose for the City other than to obstruct development of the parcel. The City Attorney has prepared the enclosed Resolution Initiating Vacation of Utility and Drainage Easement to begin the process of vacating the easement and setting the date for the public hearing. Because of ordinance and statute requirements for two weeks published and posted notice, the hearing on the vacation cannot be held until the October 10th Council meeting. At that time, staff will be requesting that the Council officially vacate said easement. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ STEVEN A SONDRALL MICHAEL R LaFLEUR MARTIN P MALECHA WILLIAM C STRAIT September 7, 1994 CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (~2) FAX (612) 42~.,~' SHARON Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Vacation of Easement Our File No: 99.15041 Dear Kirk: As YOu know froffi the platting process of the proposed Addition, a utility easement c C Camerons Addition. r~_ __ u~s across what il1 amero?s -,,,a easement serves no pure'se ~r Lot 2 other than to obstruct develo th Resolution Initiate-- ,, ..... Pme~t of the arc _e City '"~ -=~atlon wi1 h~.~_ ~ P el. The encl ! -~a,- ~ne process to vacate°~ easement. Because of the requirement (by ordinance and s two weeks Published and Posts · t ~til the October lOth ~-- ~.notlce, the hearin .... atute) of rind a cop~ of .... ~ounc~l meet/no. *ls- _~_~ann~t be held ~,:__ ./ a notice for Hearin- =~ ~ .o encloses You will after this Resolution fs Passed. · Post Please contact me if you have any questions. Sincerely, Mart in p. Malec_ha s3w Enclosure CC: Valerie Leone (w/eric') Daniel d. Donahue RESOLUTION NO. 94- RESOLUTION INITIATING VACATION OF UTILITY AND DRAINAGE EASEMENT IN PROPOSED CAMERONS ADDITIONS WHEREAS, the City of New Hope (City) is the owner in fee of certain real property known as 7109 62nd Avenue NoFth,-located in the City of New Hope, State of Minnesota, legally described as: The West 66 2/3 feet of that part of the East 196 2/3 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 118, Range 21 lying North of the following described line; Beginning at a point in the center line of the Osseo Road distant 275.61 feet Southerly along said center line from its intersection with the North line of said Section 5, thence Easterly to a point which point is described as follows: Beginning at a point in the North line of said Section 5, distant 644.5 feet East of the intersection of said North line with the Northeast corner of said Northeast Quarter of the Northwest Quarter, thence deflecting to the right 104 degrees 40 minutes and running Southwesterly 289.8 feet to said point except the Northerly 33 feet thereof, and WHEREAS, the Economic Development Authority in and for the City of New Hope (EDA) is the owner in fee of certain real property located in Hennepin County, Minnesota legally described as: Lot 2, Block 1, Carol James Addition, and WHER__H[~, both of the above described parcels of real estate will be combined into the proposed Camerons Addition, and WH_.~.F=_R~=J)~, there exists a utility and drainage easement five feet in width.on Lot 2, Carol James Addition adjacent to the common border between the two above described parcels, and WHEREAS, a portion of said easement, legally described as: The West 5.00 feet of Lot 2, Block 1, CAROL JAMES ADDITiON, according to the duly recorded plat thereof, except the North 5.00 feet thereof and also except the South 10.00 feet thereof, -- ---- - ~1 '11111[ fl (hereinafter Easement) runs through the middle of 2, Block 1, Camerons Addition, and the proposed Lo~ WHEREAS, said Easement will be of no benefit to the City and actually will be an impediment to development of the proposed Camerons Addition, and WHEREAS, there are no other property owners directly abutting the Easement, and WHEREAS, it would be in the best interest of the City of New Hope and its residents to vacate said Easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the above recitals are incorporated by reference. 2. That this resolution initiates the vacation of the above described Easement, and that a public hearing will be held as soon as practicable for the Council to consider a resolution vacating said Easement, and the City C3erk is directed to publish and post notice, as well as mail written notice to the appropriate parties, all as required by City of New Hope Ordinance. Dated this 13th day of September, 1994. Edw. J. Erickson, ,.ayor Attest: Valerie Leone, City Clerk o~ NOTICE OF HEARING ON VACATION OF DRAINAGE AND UTILITY EASEMENT IN PROPOSED CAMERONS ADDITION INCLUDING 7109 62ND AVENUE NORTH City of New Hope, Minnesota NOTICE IS HEREBY GIVEN, that the City Council of the City of New Hope, Minnesota, will meet in the Council Chambers in the New Hope City Hall, 4401Xylon Avenue North, in said Ci-ty '~n the lOth day of October, 1994, at 7:00 o'clock p.m. (or as soon thereafter as the matter may be heard) to hear, consider and pass upon all written or oral objections, if any, to the proposed vacating of a drainage and utility easement located in the State of Minnesota, County of Hennepin, City of New Hope, legally described as follows: The West 66 2/3 feet of that part of the East 196 2/3 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 118, Range 21 lying North of the following described line; Beginning at a point in the center line of the Osseo Road distant 275.61 feet Southerly along ,said center line from its intersection with the North line of said Section 5, thence Easterl'y to a point which point is described as follows: Beginning at a point in the North line of said Section 5, distant 644.5 feet East of the intersection of said North line with the Northeast corner of said Northeast Quarter of the Northwest Quarter, thence deflecting to the right 104 degrees 40 minutes and running Southwesterly 289.8 feet to said point except the Northerly 33 feet thereof. All persons desiring to be heard in connection with the consideration of the vacation described above are requested to be present at said meeting and to make their comments or objections, if any, to said vacation. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDO number 531-5109). Dated the 13th day of September, 1994. s/ V&lerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 21st day of September, 1994.) / 60 IN FE~T 62 ND A/ENUE NORTH CORRICK & SONDRALL. P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TEL.~PHONE ($12'~ FAX (~ 12) 425-$8~7 August 26, 1994 Mr. Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Camerons Addition Our File No: 99.15041 Dear Kirk: ! examined the proposed preliminary plat for Camerons Addition and have the following comments: 1. The City of New Hope is listed as the Owner and Developer. The City owns the real estate described by the metes and bounds legal description, which is the property known as 7109 62nd Avenue North. However, the New Hope EDA is the owner of record for Lot 2, Block 1, Carol James Addition, Either the City or the EDA will have to deed their portion of the property to the other so all property will be under, common ownership, or the City and the EPA will both have to join in the plat as owners. 2. The metes and bounds legal description needs to include a reference to the section, township and range. In addition, the legal description contains some slight variations from the legal description contained on the Certificate of Title. Because this is registered property, the legal description should reflect that contained in the Certificate of Title. · ~ SohOWSewan , ko be3~acaTted. Bo[n M~[%,==~ ....... ode require certain procedures to b.e followed for the vacation of a publicly owned easement. See New Hope Code §6.09. The City can commence a vacation proceeding by its own motion, but published and Mr. Kirk McDonald August 26, 1994 Page 2 ! posted notice, as well as written notice to adjoining landowners is required. Prior to commencing the vacation, the legal description for the easement to be vacated must be obtained, 4, Certain minor information required i~-preliminary plats by City Ordinance §13.041 is missing, namely the location of sewer and water mains and the zoning classification. Based upon the information available to me the property appears to be zoned at this time. ' 5. Because of recent purchases by the City, no title work wi]l be necessary for this Plat apP]ication. However, the Hennepin County Surveyor's will require at least a letter from our office regarding the status of the title. ! will provide that at the time of review of the final Plat. 6. With the recent platting of the Carol James Addition, we know that all of the real estate taxes due and Payable in 1994 on Lot 2, Block 1, Carol James Addition have been paid in full. The taxes are also paid in full for the remaining property (7109) so taxes will not be an issue when the plat is filed. ' Be sure to contact me if you have any questions. Sincere]y, Martin p. Ma]echa s3f2 cc: Daniel j. Donahue, City Manager Steven A. Sondra11, City Attorney Bonestroo Rosene ,au, tderllk & ssoclates Engineers · Architects FROM: DATE: RE: Mark Hanson, Cit7 Engineer August 26, 1994 Cameron Addition (62nd/Louisiana Avenue) FLIe 34-sen The Cameron Addition includes 2 lots being platted by the City of New Hope. Lot 1 includes an existinS ~ family home being rehabilitated by the City. Lot 2 is vacant and proposed to be developed. We hsrv~ reviewed the plat and recommend the following: · Lot I does not comply with the required square footage (required 9500 sq. ft., proptMed 93'/6 sq. ft.). Atuched are two alternatives to reconfigure the lot line between Lots 1 and 2 to mtis~/the square fooutje requirement. · Sanittry sewer and wuter main service to Lot 2 must be satisfied by extending 160' sanitmy sewer in louisiana Avenue and connecting a 1" sorvice to the existinS 6" water main in Louisiana Avenue, The estimated cost for this work includin[ uUli~y const~ction and street restoration is + $16,¢~0, · The southwest c~rner of lot 2 does not naturally overflow to t, ou~a Avenue. It's expected whelJ Lot 2 is devel.ol~, storm water wLI! pond in_this area, AI.2..prozim_ _ate~ 350' of storm newer pipe in Lonisisna Avenue and along the south lot line of Lot Z- ' is requir~ In tho ovmt an easement, can be ~ed from the. Property to the south sewer is S'/,O00 to $12,000. In me event me storm sewer ts eonscrucma along the south lot line of Lot 2, a 10' wide dralnqe and utility easement is required along the south lot line. · Dralnqe and utitlty easomenu 5' wide eh?Il be provided along all lot lines and ri~? of-way lines unle~ otherwise nato& ,As noted, a 3' wide drtin.q. · end_u. '.~.'ty easement is provided along the existing garqe due to its locnuon. ~nsung euements ehall be vacated u required. cc: Milton Hyland 233S Werl: HIgPIwIy 36 · St. PmJI, MN SS113 · 612-636-4600 / COUNCIL REQUF.~T FOR ACTION Originating Depau tment Approved for Agenda Agenda Section CiD' Manager Consent Kirk McDonald 9-26-94 - Item No. By: Management Assistant By:. 6.5 RESOLUTION EXTENDING CONDITIONAL USE PERMIT TO ALLOW AN ADULT DAY CARE FACILITY IN AN R-5 ZONING DISTRICT AT 5501 AND 5425 BOONE AVENUE NORTH, PLANNING CASE 92-19 At the November 9, 1992, City Council meeting, the City Council approved a conditional use permit to allow an Adult Day Care Center on property located at 5501 and 5425 Boone Avenue North. One of the conditions of the CUP was that construction of the facility was to occur within two years or by November 9, 1994. The petitioners have indicated in the' attached correspondence that they are short of their fund raising goal and that construction is not possible at this time. The petitioners are requesting a one year extension on the CUP, in light of these circumstances. The petitioners have filed a request for extension 30 days before the expiration, in compliance with Zoning Code regulations. The City Attorney has prepared the enclosed resolution which extends the conditional use permit for a one year period. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Adm/ni._l._l._l._ls~. ation: Finance: RFA-O01 ~ September 9, 1994 A Non'Profit Adult Da3, Program City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 PETITION FOR EXTENSION S ubj ect: Planning Case 92-19 - Request for Text Amendment to Rezone 5501 and a Portion of 5425 Boone Avenue North from an I- 1, Limited Industrial, District to R-5, Senior Citizen/Physically Handicapped Residential, District, Site/Building Plan Review, and Conditional Use Permit to Allow Adult Day Care in R-5 Zoning District Dear Members of the New Hope City Council: Pursuant to your letter of September 6, 1994 and the City of New Hope Resolution 92-187, Senior Outreach Services, Inc. (a not-for profit 501(c)(3) Corporation) and North Ridge Care Center respectfully petition for an extension of time to accomplish the set of conditions listed on Resolution 92-187 for the Rezoning and Conditional Use Permit for a period of one year. The timing indicated in our original request was predicated on CareBreak's being able to raise approximately $532,000 to satisfy debt retirement projections by the firm of Dougherty, Dawkins. DoUgherty, Dawkins had been retained as prospective bond brokers for the financing of the remainder of the project. While our fundraising efforts have been met with a great deal of success, we remain approximately $240,000 shy of our goal. Inasmuch as we must reach this goal before the bond brokerage firm can proceed, it is obvious we will not be able to start construction in October of this year. Furthermore, in order to begin construction in the fall of this year would require an additional sum of $100,000 of construction costs - our original projections with updates simply cannot incorporate this additional cost without severely impacting our being able to satisfy the debt service in a timely manner. Inasmuch therefore as construction could not reasonably begin until late February of 1995, we respectfully request thi extension of one year to November 9, 1995· urS very _ ( 1 ruce L. Humplwys, Executive Director ' ' BLH/jm Chuck Thompson ,- ,. . ~ . ,. . tx rroeram ur ,entor uutreacn ~ervtces Ms Mary Jane ThompsoW. 4 Ay o r · 5 30 Boone enue N th · New Hope, Minnesota 55428 612 · 531 · 7700 W~LL.~AM C. STIUd*T Comucx & Sosm~j~.. P.A. ATTORNEYS AT [,AW Edinburgh Executive Off/ce Plaza ~525 F-zImbrook C~ossin~ Suite #203 B~ooltlF~I Pa~'l[, M/~l~e$o~a 55443 FAX (6~ 4~ September 21, ~994 K~rk McDonald ManaGement Assr. C'ity of New Hope 4401Xylon Avenue North New Hope, MN S~428 RE: Adul! Day Care Center Our File NO: 99.53010 Dear Kirk: Conf~rmin9 our September 20, 1994 telephone conversation~ enclosed Please find the Proposed Resolution Extending the CUP for Senior Outreach Services to November 5, 1995. The Re$01ut~on is for consideration at the September 26, 1994 Council meeting. 8asJcally, the Resolution flnQs the tacts and circumstances for the Adult Day Care Center have not changed except for a ehortage of funding, causing the extension request. P~ease contact m~ if you hRva any q~J~stions. Very truly your$~ Steven A. ~ondra11 $1W - Enclosure Daniel d. Donahue, City Manager (w/eric) -Valerie Leone, City Clerk (w/enc) RESOLUTION NO. 94- RFSOI. iJTION EXTENDING CONDITIONAL USE PERMIT TO ALLO~/ AN ADULT DAY CARE FACILITY 'IN A 8-5 ZONING DISTRICT AT 5501 AND fiA25 BOONE AVENUE NORTH PLANNING CASE 92-19 WHEREAS, petition&rs Senior Outre&ch Servicee/North Ridge Care Center received a conditional uae permit for an Adult Day Care Center for property located at 5bO1 and 5425 Boone Avenue North, and WHEREAS, conditional to the City Council'S approval of the CUP granted by Resolution NO. 92-187 at thA Council's November 9, 1992 meeting construction of the f=cility was to oCCUr within 2 years or by November 9, 1994, and WHEREAS, petitioners are dependent upon fund raising efforts of $532,000.00 before construction et the ?acility can occur, and WHEREAS, petitioners now report they &re $240,0OO.00 short of their fund raisin9 goal making construction of the facility lmposslDle at this time, and WHEREAg, petitioners now request an extension to NovemOer 9, 1995 of the construction requirement set out in Council Resolutlnn No. 92-t87, and WHEREAS, petitioners have filed a timely petition as required by New Hooe Code §4.202 (e)(q) and this Council f(nda ths b&~is for approval of the CUP h~s not changed. NOW, THEREFORE, BE IT RESOLVED by the C~ty Council of the City of New Hope a8 follows: That implementation of the conditional use permit granted by Resolution No. 92-187 as par-L of Planning Case 9Z-19 for an adult day care facility at 5501 and 5425 Boone Avenue North is hereby extended to November g, 1996. That If construction of the facility is not commenced by the extension date, the CUP shall automatically terminate and become nu]] and void unless a time3y petition for extension {s fi~ed per New Hope COde §4.202 (1)(q). That all othsr conditions of the CUP sha33 remain in fu13 force and effect, Adopted by the City Councit of the City of New Hope, Hennepin County, Minnesota, this 26th day of September, 1994. Edw. J. Erickeon~ Mayor At teet: Va]erie Leone, City Clerk aaC~ Xylom ~ve~ue ,'vo~.~ 'Vev~ ~o~e ~nnesota 55a28-a898 Tefe~none 6!2-531-5100 C, ty ~a/' tax TDD L/ne 612-53!.5109 Police Fax PuOhc Wor~s Pax September 6. 1994 Mr. Chuck Thompson North Ridge Care Center 5430 Boone Avenue North New Hope, MN 55428 Mr. Bruce Humphrys Executive Director, CareBreak 5430 Boone Avenue North New Hope, MN 55428 Ms. Mary Jane Thompson, Administrator Senior Outreach Services 5430 Boone Avenue North New Hope, MN 55428 Subject: Planning Case 92-19- Request for Text Amendment to Rezone 5501 and a Portion of 5425 Boone Avenue North from an I-l, Limited Industrial, District to R-5, Senior Citizen/ Physically Handicapped Residential, District, Sim/Building Plan Review, and Conditional Use Permit to Allow Adult Day Care in R-5 Zoning District Dear Mr. & Mrs. Thompson and Mr. Humphrys: On November 9, 1992, the New Hope City Council approved the request for a rezonmg text amendment, site/building plan review, and conditional use permit to allow adult day care in an R-5 Zoning District subject to a number of conditions. O~ of the conditions was that "If facility is not constructed on the proposed site within two years, rezoning and conditional use permit are null and void." The two year period will expire on November 9, 1994. According to the New Hope Zoning Code, 'If the work or use authorized by a Special Zoning Procedure has not been implemented within the specified period of time after f'mal Council approval, the said procedure shall automatically terminate unless a petition for extension of time to implement the use or complete the work pursuant to the Special Zoning Procedure has been granted by the City Council. Petition for extensions shall be made m writing and filed with the City Manager at ~ thirty days before the expiration of the Special Zoning Procedure. There shall be no charge for the ~ of a petition for extension. The petition shall include a statement of facts explaining the circumstances necessitating the extension." If you want an extension, please file a petition on or before October 9, '1994. Family Styled City ~ For Family Living ~-: ,',,,"~ Mrs. Thompson and Mr. Humphr? "~i'::i> ~eptember 6, 1994 Page 2 } If you have any questions, please feel free to contact me at 531-5119. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/prs Enclosure: Resolution No. 92-187 cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Property File (5501 Boone Avenue North) Planning Case File 92-19 COUNCIL RE UF. T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent Kirk McDonald ///) 9-26-94 ._ Item No. By: Management Assistant By:./ 6.8 RESOLUTION AUTHORIZING REDUCTION OF LETTER OF CREDIT FOR FIVE THOUSAND WINNETKA 2ND ADDITION The City has held a Letter of Credit in the mount of $193,350 on the Navarre Corporation/ Hoyt development known as Five Thousand Winnetka 2nd Addition for the installation of public improvements and on-site exterior amenities. This amount was held to insure that specific improvements were made, including ponding/grading, storm sewer/sanitary sewer/water main, installation of a shared drive and removal of existing drive, erosion control and restoration, and landscaping. The City Engineer and Building Official haVe inspected the property for completion of the improvements, report that the majority of the improvements are completed, and are recommending a reduction in the Letter of Credit from $193,350 to $29,250. Staff recommends approval of a motion to reduce the Letter of Credit by the above stated amount. MOTION BY SECOND BY TO: Review: Administration: Finance: [ RFA-00 ! ~ CITY OF NEW HOPE RESOLUTION NO. 94- RESOLUTION AUTHORIZING REDUCTION OF LETTER OF CREDIT FOR FIVE THOUSAND WINNETKA 2ND ADDITION WHEREAS, certain work under the Development Contract for property known as Five Thousand Winnetka 2nd Addition was secured by Letter of Credit No. 1167, in the mount of $193,350, issued by Minnesota State Bank; ~d WHEREAS, the majority of work under the Development Contract and secured by the Letter of Credit has been completed. NOW, THEREFORE, BE IT RESOLVED, by the City of New Hope as follows: The City Council hereby authorizes a reduction in the Letter of Credit issued by Minnesota State Bank from $193,350 to $29,250. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 26th day of September, 1994. · Mayor Attest: City Clerk Bonestroo Rosene ^nderlik & Associates Engineers & Architects September _1. 1994 City. of New Hope 4401 Xylon Avenue N. New Hope. MN 55428 Attention: Mr. Kirk McDonald Re: 5000 Winnetka 2nd Addition Our File 34-gen Dear Kirk: The bond amount for the above property is $193,350. To date, the majority of work is completed. However, inspection items for utilities and restoration/erosion control are not complete. It should also be noted it does not appear that the project will be completed in accordance with the approved grading plan based on the following: a The approved grading plan stated the large stock pile of material (35,000 cubic yards) on Lot 2, Block 1 would be removed; it is not. The poorer material excavated from the Navarre building site (+_. 7500 cubic yards) has been placed north of the existing stock pile on Lot 2, Block I in an area designated for future ponding. It's been stated by Hoyt Development the final grade for Lot 2, Block 1 will be completed when the property isdeveloped. Therefore, if approved, the property will stay in its present condition until it develops. It the City is comfortable allowing Lot 2, Block 1 to stay in its present condition the bond amount could be reduced as follows: 233S ~/est Highway 36 · St. Paul, MN 5SI13 · 612-636-4600 Mr. Kirk McDonald, Ci~ of New Hope Page 2 September 21, 1994 Re: 5000 Winnetka 2nd Addition Lump Sum Lump Sum 3.0 Acre Utility punch list @ $5,000/lump sum Erosion control ~ $10,000/lump sum Restoration @ $1,500/ac + 50% Bond Increase TOTAL BOND The recommended bond amount is $29,250. office. $5,000 4,500 $19,500 .9,750 $29,250 If you have any questions please contact this Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson extended until such time as the City elects by its Council to declare the Developer in default thereunder pursuant to the provisions of paragraph 6, and that the statute of limitations 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 the contract, or that it refuses to for any reason. These provisions shall be applicable to any person who s~all give security as required by paragraph 8. The Developer shall provide, pursuant-to approved City Specifications the following: Lump Sum 400 LF 6?0 L¢ 1,220 LF 600 LF Lump Sum 3 AC 1 EA Lump Sum Ponding grading · $5,000 Storm sewer · $32/lf Sanitary sewer · $32/lf Watermain · $28/lf Shared drive · $60/lf Erosion control · $5,000 Restoration · $1,500/ac Remove existing drive · $5,000 Landscape · $5,000 $ 5 000 12 800 21 440 34 160 36 000 5 000 4,500 5,000 5,000 Subtotal $128,900 +50~ Increase 64,450 Total $193,350 Prior to construction of the sanitary sewer, Developer shall provide the City with a detailed as-built plan for the public sanitary sewer, which must be constructed and inspected in accordance with New Hope Public Works Department requirements. PCA and MWCC permits are required for this construction. The private watermain loop must be constructed and inspected in accordance with New Hope Public Works Department requirements. A permit from Minnesota Health Department is required. The connection of the watermain loop to the existing watermain in 49th Avenue shall be a cut-in (not wet tap) and shall be done in accordance with New Hope Public Works Department requirements. The grading and utility construction adjacent to the existing property to the west shall not encroach on that property. ~ REQUF-'s? FOR AcTIO~DA .. Originating Department Approved for Agenda Agenda Section City Manager EDA By: ~/~ 9-26-94 Kirk McDonald . ~ -- Item No. By: Management Assistant 4 DISCUSSION REGARDING LETTER/OF INTENT SUBMITTED BY MINNE MUFFLERS, INC. ON CITY-OWNED PARCEL AT 42ND & NEVADA AVENUES (IMPROVEMENT PROJECT NO. 523) Welsh Companies has submitted the attached Letter of Intent by Minne Mufflers, Inc. on the City-owned property at 42nd & Nevada Avenues. The City executed an agreement with Thorpe Bros. earlier this summer to market the property on behalf of the City. The City Attorney has reviewed the Letter of Intent and responded with the attached correspondence. This matter was tabled at the September 12th EDA meeting, with only a brief discussion. Since that time, Minne Mufflers, Inc. have prepared the enclosed concept site plans showing how the >roperty could be utilized. The property is zoned as a B4 Community Business District and an "auto-oriented" business, such as a muffler shop, would require a conditional use permit in this zoning district. Staff requests direction from the EDA on how to proceed. MOTION BY SECOND BY TO: Review: .Administration: Finance: RFA-O01 ~ !t,! Companies Comprehensive Real \l,:- · ? '.' , - cc..- September 1, 1994 Estate Services Uly Thompson Thorpe Bros. 8085 Wayzata Blvd. Minneapolis, MN 55426 RE: Parcel of land on Nevada and 42nd, New Hope, Minnesota Dear Uly: This letter shall confirm the interest of Minne Mufflers, Inc., a Wisconsin Corporation, a Franchisee of CARX Muffler and Brake, to purchase the above captioned property for the development of a CARX Muffler and Brake store on the following terms and conditions: Premises: An approximate 65,000 square foot parcel located at Nevada Avenue and 42nd Ave in New Hope, Minnesota as more accurately described in Exhibit "A". Survey: Seller to provide Buyer with survey at Seller's expense. Seller: City of New Hope. Buyer: Minne Mufflers, Inc. Price: $3.90 per square foot. Utilities: Seller to provide all utilities to the site as it is. Earnest Monew_, $10,000.00 Brokerage Commission: Conditions: Seller and Buyer represent that they have not dealt with any other real estate broker or agent in connection with the purchase of this property by Minne Mufflers, Inc. except Thorpe Bros. and Welsh Companies. All real estate brokerage fees shall be the sole responsibility of the Seller. Buyer's attorney will prepare purchase contr, act in coordination with the Seller's attorney. All site design to be completed and all costs associated with all site work to be done by Buyer. All improvements to be constructed by Buyer at Buyer's sole cost. Seller to provide Buyer with all environmental reports done on on the property. If additional environmental tests are needed to be done then the cost for such tests to be the responsibility of the Seller. Seller warrants the premises to have clear, good, marketable title and free of all liens and encumbrances. Title Insurance commitment from a Title Company acceptable to Buyer at Sellers expense. Seller agrees to indemnify Buyer from all costs associated with the contamination and\or removal of the contamination that are existing or found at a later time and not caused by the Buyer. Buyer receives a "No Association" letter or a similar letter of comfort from Minnesota Pollution Control Agency and such letter is acceptable to Buyer at its sole discretion. Buyer receiving all necessary approvals, permits and licenses, including without limitation, all construction and operation of a CARX Muffler and Brake store. The execution of mutually agreeable Purchase Agreements. Buyer receiving necessary financing. It is understood and agreed that this Letter of Intent is a non binding offer and not a final bind in g Purchase Agreement, and that the agreement of the parties when fi hal ly reached will be embodied in a definitive Purchase Agreement containing such additional terms as are in all respects satisfactory to both parties. The actual Purchase Agreement detailing all rights, duties, and obligations will be drafted by Buyer to incorporate all of the business terms specified herein, as well as such other terms or conditions as are acceptable to both parties. If the foregoing is acceptable, please confirm by and returning a duplicate (~py of this letter to the undersigned. Sincerely, MINNE MUFFLERS, INC. _ J~FI~ BERNSTEIN ACKNOWLEDGED AND AGREED TO THIS DAY OF SEPTEMBER, 1994. City of New Hope By: EDA REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA ~ 9-26-94 Kirk McDonald /~ ) . -- Item No. By: Management AssistantVt~E~s~O~P~ME 5 DISCUSSION REGARDING DE NT OF CITY-OWNED PARCEL AT 5009 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 505) Staff requests to discuss with the EDA the development alternatives for the City-owned parcel at 5009 Winnetka Avenue North. This matter was tabled at the September 12th EDA meeting, with no discussion taking place. Please refer to the enclosed attachments for further information. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-O01 ~ CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: September 9, 1994 Dan Donahue, City Manager SUBJECT: Kirk McDonald, Management Assistant, Community Development Coordinator Development Options for City-Owned Parcel at 5009 Wirmefle,~ Avenue North The New Hope Economic Development Authority needs to make a decision regarding the development of the City-owned parcel at 5009 Winnetka. The original intent of acquiring the property was two-fold: 1) to demolish/remove the blighted structure from the site and 2) to construct handicapped accessible housing units in conjunction with the newly created 5-City CO-OP Northwest Community Revitalization Corporation (CRC) to provide affordable home ownership opportunities. The existing structure has been removed and it is time to determine exactly how the site is going to be developed. As I see it, there are three (3) options: Ootion 1 - Oriolnal Conceut Prooos~ City staff cooperated with the CO-OP Northwest CRC in preparing a grant application for Federal HOME funds to construct new or rehab existing homes to provide additional affordable housing on scattered sites throughout the 5-City area. The application was successful and New Hope's portion of the application was based on the construction of a handicapped accessible duplex on this site. The HOME funds are to be used as a second mortgage write down to make the homes affordable for low/moderate income residents. The City has solicited interest from interested handicapped persons and currently has a list of about 10 persons who are interested in home ownership. In addition to the HOME funds, staff also wrote a grant which was funded with $40.000 through the Minnesota Housing Finance Agency's Land Trust Program. The City acquired the property for approximately $40,000 and the original intent was to use the MHFA funds to acquire the site. The MI-IFA program requires that the City own the site and it was thought that the project would be mom affordable if the land cost was deducted from the sale price. Therefore, both the Land Trust funds (used for property acquisition) and the HOME funds (used for second mortgage write,owns. ) would be used in conjunction with one another to construct an affordable housing duplex for persons with low/moderate incomes. Over the past several months the EDA has indicated that they are not necessarily interested in owning the land. If that is the case, we should determine if we are going to forfeit the MHFA grant funds and not utilize them for this project. Option 2 - Ori~nal Concept Proposal Revised If the EDA does not desire to own the land or use the MHFA Land Trust funds, staff is still encouraging the City to proceed with the development of a handicapped accessible duplex on the site using HOME funds as a second mortgage write down so that the goal of providing affordable housing in cooperation with CO-OP Northwest can still be accomplished. The amount of HOME funds requested from the CRC can be increased and other sources of funds, including CDBG and scattered site housing money (see attached project description/budget). After meeting with Hennepin County officials recemly, we are confident that the CRC will approve an increase in their contribution and staff would like to present' this'lo the CRC at their September meeting so that we can proceed with the construction yet this fall. The City would act as the developer on the site and the roll of the CRC would be to meet us at the closing with a $20,000 second mortgage write down for each of the two units. If the EDA is not agreeable with Option 1, I certainly hope they will respond positively to this option so that we can utilize the HOME funds that have already been secured. After all, this is the reason the CRC was formed in the first place and the other cities are already proceeding on their projects. Option 3 - Market the Prom.~rtv The third alternative would simply be to market the property as it exists. While this would accomplish the first objective of removing a blighted structure, it would not necessarily accomplish the second objective of providing a unique affordable housing home ownership opportunity for several handicapped persons. The City would also have little control over the development of the site except for approval of building plans. Please let me know if you have any questions or comments. cc: Steve Sondrall, City Attorney J-'O1 ,~.'~,Ic¢. Avenue North %'ew mote. Minnesota 55428-4898 Telephone: TDD L,ne: 612.531-5100 612-531-5109 C,ty Hall Fax Police Fax' Put~llc Won<s September 22, 1994 Pastor Wendell Nelson Hope Alliance Chapel 4205 Lancaster Lane N. Plymouth, MN 55441 Subject: CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT FOR HOPE ALLIANCE CHAPEL AT 3351 INDEPENDENCE AVENUE NORTH, PLANNING CASE 94-18 Dear Pastor Nelson: On July 25, 1994, the New Hope City Council approved the request for a conditional use permit to allow the leasing of space to Intermediate School District No. 287 for educational classes as submitted in Planning Case 94-18, subject to specific conditions. One of the conditions was that a Development Agreement regarding hours of operation, age limit, limit on number of students/staff, installation of signage, traffic controls, and landscaping be executed with the City. I notified you that the City Attorney would draft the Developmem Agreement and that the City would forward it to you for execution. Enclosed please find three copies of the Conditional Use Permit Site Improvement Agreement. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 5 and have the signatures notarized. It would also be helpful if you could contact the appropriate District 287 officials for their signatures, which also must be notarized. Please return all three executed copies of the agreement to the City. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your fries. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Enclosures: Three Copies Conditional Use Permit Site Improvement Agreement CC: Dan Donahue, City Manager Valerie Leone, City Clerk Steve Sondrall, City Attorney Property File (3351 Independence Ave. N.) Mark Hanson, City Engineer Planning Case File 94-18 Doug Sandstad, Building Official ~ Family Styled City~ For Family'Living STEVEN A. SONDRALL MtCHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-S671 FAX (612) 425-5867 September 19, 1994 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE' Hope Alliance/ISD 287 Conditional Use Permit Our File No. 99.29418 Dear Kirk: Please find enclosed three copies of the Conditional Use Permit Site Improvement Agreement for Hope Alliance Chapel in connection with Planning Case 94-18. As you know, the Council approved this CUP at the July 25, 1994 Council meeting. Please submit the CUP agreement to the developer for execution and obtain the signatures of the Mayor and City Manager as well. We also would like a signed copy for our file. As we discussed in our August 19, 1994 meeting, a financial guarantee was not required by the City Council for this CUP. Therefore, the landscaping required by the plan is not secured by a Letter of Credit or performance bond and the enclosed agreement does not provide for a letter of credit as well. Contact me if you have any questions. Very truly yours, Steven A. Sondrall slm Enclosures cc: Daniel J. Donahue CITY OF NEW HOPE CONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Hope Alliance Chapel of the Christian & Missionary A'tiance, a Minnesota non-profit corporation and Intermediate School District No. 287, (hereinafter collectively "Developer") and the City of New Hope, a Minnesota municipal corporation (hereinafter "City"), this day of , 1994. WHEREAS, Hope Alliance Chapel of the Christian & Missionary Alliance is in the process of purchasing the property legally described in Exhibit A attached hereto and commonly known as 3551 Independence Avenue North, New Hope, Minnesota and will become fee owner of the property, and WHEREAS, Hope Alliance Chapel of the Christian & Missionary Alliance intends to continue the conditional church use of the property as allowed by New Hope Code §4.054(1) but also desires to expand the property's conditional use by leasing a portion of the property to ISD 287, and WHEREAS, on July 25, 1994, by Resolution No. 94-109, the City Council approved Developer's request for an expanded Conditional Use Permit for the property to be used as a school for students with special needs, as well as a church, and, WHEREAS, the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 94-18 (hereinafter "Plans"), and WHEREAS, the expanded conditional use permit which includes the school use was granted subject to the following conditions: Hours of school operation: The school shall be limited to a typical nine month school program that runs concurrent with all other school districts plus a ~ day summer program not exceeding 3 weeks in length unless otherwise approved by the City Council. 2. Age ~imit: Kindergarten through 8th grade. Limit on number of student/staff: No more than 50 individuals will occupy the property for school use. This includes students and staff with a projected ratio of no more than 2.5 students for each staff member. Developer's conditional use permit shall be subject to annual review by staff for compliance with the New Hope Code, Comprehensive Plan and the herein development contract including all plans and attachments submitted as part of Planning Case No. 9A-18. "Right Turn Only" and "No Through Traffic" traffic signs shall be installed by Developer at its expense at the northerly curb cut to funnel traffic onto 3~th Avenue North and off of Independence Avenue North, All bus traffic shall be required to enter and exit through the northerly curb cut. The gates on the south entrance/exit shall be closed and locked. Performance of landscape plan including the planting of 94 new shrubs and trees as shown on the plan attached hereto as Exhibit B. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by reference, specifically including the conditions of the CUP. The Developer understands and expressly agrees to all CUP conditions as set out above and included in Resolution No. 94-109. 2. THE WORK. The Work shall consist of the site improvements described in the Plans submitted by Developer as part of Planning Case 94-18 on file with the City, 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. The Developer unconditionally guarantees to the City all of the Work for a period 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. ~ : 3. COMPLETION. The Developer agrees that the Work shal.1 be completed in its entirety on or before the 1st day of August, 1995, except as this period of time is extended by resolution of the Council, or by the City taking no action to require compiet~on 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 this Agreement after the expiration o¢ 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, arid payment for same. Furthermore, the term of this Agreement shat1 be deemed to be automatically extended until such time as the City Council declares the Developer ~n default thereunder, and the statute of limitations 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 doing 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 subcontractor, 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. DEFAULT. In the event of default by the Developer as to any of the Work to be performed hereunder, the City may, at its option, perform the Work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is 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 9iven thereby to the Developer to remove the default status, said notice being addressed to the Developer at the address set forth below. Notice given in 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 DeYeloper, and the Developer shall reimburse the City for an~ expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of.the Developer is limited by strikes and force majeure. 3 6. REVOCATION OF CUP. The City Council approved a CUP for the Property subject to certain conditions includ~n9 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 (including 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 City, 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 the City for the actual costs to the City associated with this planning case, the CUP and this Agreement, including but not limited to engineering and attorney's fees. Developer agrees that the financial guarantee shall not be released until all such costs have been paid 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. NOTICE. 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: ~ Hope Alliance Chapel of the Christian & Missionary Alliance 3351 Independence Ave. No. New Hope, MN 55427 Intermediate School District No. 287 Hennepin Technical College 1820 N. Xenium Lane Plymouth, MN 55441 11. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held to be inva]id, such decisions sha]~ not affect the validity of the remaining portion of this Agreement. 12.. SUCCESSION. This Agreement shall be binding upon the parties, their heirs, successors or assigns as the case may be. 13. EFFECTIVE DATE. This Agreement shall have an effective date of , 1994, which is the date Hope Alliance Chapel of the Christian & Missionary Alliance shall take fee title to the property. In the event fee title is not acquired by Hope Alliance Chapel of the Christian & Missionary Alliance, this Agreement and the CUP shall be null and void. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HOPE By Its Mayor By Its City Manager HOPE ALLIANCE CHAPEL OF THE CHRISTIAN & MISSIONARY ALLIANCE By Its By Its INTERMEDIATE SCHOOL DISTRICT 287 By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPTN ) The foregoing instrument was acknowledged before me this day of , 1994, by EDW. J. ERICKSON and DAN[EL J. DONAHUE, the Mayor and Manager, respectively, 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 ) COUNTY OF HENNEPlN ) The foregoing instrument was acknowledged before me this day of , 1994, by and , the and , respectively, of Hope Alliance Chapel of the Christian & Missionary Alliance, a Minnesota non-profit corporation, on behalf of said corporation, Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 199__, by and , the and , respectively, of Intermediate School District No. 287, on-_behalf of said school district. Notary Public 6 DRAFTED BY' CORRTCK & SONDRALL, P.A. 8525 Edinbrook Crossing, #203 Brooklyn Park, MN 55443 (612) 425-5671 c:\ w p§1\cnn\cup\ha EXHIBIT A LEGAL DESCRIPTION The north 520 feet of the west 335 feet of the Southwest ¼ of the Northwest ¼, except roads, of Section 19, Township llS, Range 21. 8 i /;,' I I Exhibit B .... 4,.101 Xyton Avenue North New Hope. ,¥finnesota 55,I28-4898 Telephone: TDD L~ne: 612-531-5100 612-531-5 t09 C~ty Hail Fax Pohce Fax: Pubt/c Works Fax. August 17, 1994 Mr. Don Harvey Winnetlo Properties 7145 Sandburg Road Minneapolis, MN 55427 Subjec.t: Request for Final Plat Approval and Development/Final Stage Planned Unit Development to Allow Building Addition Dear Mr. Harvey: On August 8, 1994, the New Hope City Council approved the request for Final Plat approval and development/final stage Planned Unit Development to allow building addition subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. You were notified that the City would draft these documents and forward them to you for review/execution and that we would also notify you regarding the appropriate security to be posted. Enclosed please f'md three copies of the Planned Unit Development Agreement and Conditional Use Permit. The City Engineer and Building Official have estimated the costs of the improvements, including new and rehabilitated bituminous surface, concrete curb, storm sewer, pond excavation, landscaping and retaining wall, at approximately $143,466 and the total bond to be posted is I50% of th~ cost of the work, or $215,200. The original bond amount was reduced due to the fact that the sidewalk on Quebec Avenue was eliminated from the project. On pages 3 a~ 4 of the agreement the various types of financial guarantees that are acceptable to the City am outlined under//7, "Financial Guarantee." The performance bond or other type of guarantee ig'rel~ upon completion and acceptance of all site improvement work by the City. Please review the enclosed agreements and sign all three copies in the appropriate place on page 7 and have signatures notarized. Please return the three executed copies of the agreement to the City with the appropriate type of f'mancial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Family Styled City'~~ For Family Living Mr. Don Harvey August 17, 1994 Page 2 Please feel free to contact me at 531-5119 if you have any comments or questions on the above issues. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/ Community Development Coordinator KM/prs Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Jim Kellison, Kellison Company Property File (3941/3961 Quebec Avenue North) Planning Case File 94-20 STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WlLLtAM C. STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 August 5, 1994 Daniel J. Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Don Harvey 2nd Addition Our File No. 99.15030 Dear Dan: At your request, we have examined a Title Insurance Commitment issued to the City of New Hope by Old Republic National Title Insurance Company with an effective date of duly 22, 1994 at 7:00 o'clock a.m. and covering premises located in Hennepin County, Minnesota legally described as: That part of the North 48 rods of the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 118 North, Range 21, West of the 5th Principal Meridian, lying West of West line of the Railroad right of way and lying North of the South 440 feet thereof. Which ~ies westerly and northwesterly of the described line: following Beginning at the southwest corner of DEJARLAIS ADDITION, ~ccording to the recorded plat thereof; thence southerly along the southerly extension of the west line of said plat a distance of 81,2] feet; thence southerly 'and southwesterly a distance of 335.9l feet along a tangential, curve concave to west having a radius of 300.00 feet and a central angle of 64 degrees 09 minutes 55 seconds to the north line of said south 440 feet and said line there terminating. Mr. Daniel J. Oonahue August 5, 1994 Page 2 Except that part which lies West of a line drawn parallel with and distant 40 feet East of the West line of said Southwest 1/4 and North of a line drawn East at right angles to said West line from a point thereon distant 99.37 feet South of the Northwest corner of said Southwest 1/4 and except that part lying West of the centerline of Winnetka Avenue. From such examination, I find good title of record in: WINNETKA PROPERTIES, a Minnesota General Partnership, subject to the following: 1. The legal description for the proposed final plat of Don Harvey 2nd Addition does not include the last paragraph in the above legal description. The exception from the legal description in question here stems from a deed to Hennepin County for a 99.37 foot length of Winnetka Avenue. The legal description for the plat and the plat illustration should be changed to include the full legal description listed above. 2. A mortgage executed by Winnetka Properties, a Minnesota General Partnership, in favor of Minnesota Federal Savings and Loan Association (a United States of America corporation), filed August 11, 1976 as Document No. 4225761 to secure an indebtedness in the original amount of $730,000.00. This mortgage has been assigned to Donald L. Harvey, Trustee, as to an undivided 3/5's interest, and Eugene Christensen as to an undivided 2/5's interest, by an assignment filed April 4, 1991 as Document No. 5765791. It is my understanding that this mortgage will be satisfied prior to filing of the plat. Accordingly, the plat should be approved subject to satisfaction of the above mortgage before the filing of the plat with the County. And accordingly, the mortgagee will not be required to join in the platting of this property. 3. A mortgage executed by Winnetka Properties, a Minnesota General Partnership, in favor of Citizens State Bank of St. Louis Park, film~l March 14, 1991 as Document No. 5758445 to secure indebtedness in the principal amount of $750,000.00. It is my understanding that this mortgage will be satisfied prior to the filing of the plat, so the plat should be approved subject to the filing of a satisfaction of this mortgage prior to filing of the plat with the County. Accordingly, the mortgagee will not be required to join in the platting of this property. Mr. Daniel d. Donahue August 5, 1994 Page 3 4. An Assignment of Leases, Rents, Profits and Contracts by Winnetka Properties, a Minnesota General Partnership, to Citizens State Bank of St. Louis Park, filed April 4, 1991 as Document No. 5765790. The plat should be approved conditioned upon a release of this assignment by Citizens State Bank of St. Louis Park prior to the filing of the plat with the County. 5. A new mortgage in favor of Citizens Independent Bank, a Minnesota Corporation. It is my understanding that this mortgage will replace the existing mortgages discussed above. I note that the proposed final plat does include Citizens State Bank of St. Louis Park, a Minnesota Corporation, as a signatory on the plat. However, the bank is currently known as Citizens Independent Bank, a Minnesota Corporation, and the plat should be changed to reflect this current name. 6. An easement for road purposes over the West 33 feet of the above described property as shown on the County Auditor's map. This is the street easement for Winnetka Avenue North and can be disregarded for purposes of this plat. 7. An easement for water main purposes over part of the premises together with incidental rights granted to the Village of New Hope by Document No. 3179510. This easement is ~ocated within the dedicated portion of the property and can be disregarded for the purposes of this plat. 8. An easement for sanitary sewer purposes over part of the premises granted to the City of New Hope in Document No. 4163993. This easement is located within the dedicated easement portion of the plat and can be disregarded for purposes of this plat, 9. An easement for pipeline purposes over part of the premises together with incidenta~ rights granted to Minnesota Gas Company (now known as Minnegasco, Inc.) by Document No, 4256368. This easement is 15 feet in width and 800 feet in length, beginning at Winnetke Avenue North and running east approximately 30 feet south of the north property ~ine, This easement does not appear to be in use, --In eny event, this easement will not interfere with the proposed development and can be disregarded for the purposes of this plat. 10. An easement for street and utility purposes over part of the premises together with incidental rights acquired by the City of New Nope as evidenced by Final Certificate filed duly 16, 1993 as Document No. 6117444. This Final Certificate concluded the Mr. Daniel J. Donahue August 5, 1994 Page 4 recent Quebec Avenue condemnation. The easement rights acquired by this condemnation action are preserved by the dedications in this plat. 11. A Financing Statement by and between Versa Die Cast, Znc. as Debtor, and First Bank National Association as secured party, fi]ed July 6, 1989 as Document No. 5551288, as well as a Financing Statement by and between Versa Die Cast, Inc. as Debtor and Signal Bank, Inc. as secured party, filed March 10, 1992 as Document No. 5885700. Both of these Financing Statements can be disregarded for the purposes of this plat. 12. Rea] estate taxes due and payable in the year 1994 in the amount of $87,07t.46 are one-half unpaid. This property is listed as non-homestead. Rea] estate taxes due and payable in 1993 and prior years have been paid in full. This opinion is subject to transactions which may affect the title from the date of certification, July 22, 1994, and to any errors in the Abstract itself. This property may also be subject to some of the following items: 1. The right of any person in possession of the property. 2. All rights of public highways and streets upon the ]and. Possible mechanics liens for work done in the past 120 days which do not appear of record. Encroachments, easements and other matters which might be ascertained by an actual survey and inspection of the premises above described. 5, Existing zoning and building regulations and ordinances. Liens, claims or rights under the law or Constitution of the United States which the statutes of this State cannot require to appear of record. In summary, The legal description of property to be platted must be changed to the legal description listed at the beginning of this opinion, and the plat drawing itself must be changed to reflect the amended legal description. Mr. Daniel J. Donahue August 5, 1994 Page 5 Plat signatories should be Winnetka Properties, a Minnesota General Partnership, and Citizens Independent Bank, a Minnesota Corporation. The mortgages described in paragraphs'2 (Donald Harvey and Eugene Christensen) and 3 (Citizens State Bank of St. Louis Park) must be satisfied of record prior to the filing of this plat with the County Recorder. The Assignment of Leases, Rents, Profits and Contracts must be re]eased of record prior to the filing of this plat with the County Recorder. Sincerely, Martin P, Malecha s34f cc: Kirk McDonald, Management Asst. Steven A. Sondrall, City Attorney / STEVEN A, SONORALL ~.. i MICHAEL R, L~FLEUR MARTIN P. MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-$671 FAX (612) 425-5867 SHARON D. OERBY August 16, 1994 Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Revision to PUD Agreement/Don Harvey 2nd Addition Our File No: 99.15030 Dear Kirk: In follow up to your August 15, 1994 telephone conversation please find enclosed a revised PUD Agreement for the Don Harvey 2nd Addition subdivision. The only change made, other than numbering the pa9es, is the amount of the financial guarantee in paragraph 7. The amount was reduced $16,800 to $215,200.00 to account for the sidewalk elimination on the north side of Quebec Avenue. This is accounted for in paragraph 3 (f) of the agreement. Also, Val wanted another copy of the signature page. attached to Val's copy of this letter. That copy is Contact me if you have any questions. Very truly yours, Steven A. Sondrall slt Enclosure cc: Valerie Leone (w/enc) -~401 Xyion Avenue North New Houe. M~nnesota 55428-4898 Telephone: TDD Dne: 612-531-5100 612-531-5109 City Hall Fax: --¥' ~'-~'.: · Poltce Fax: =6 ~2-.~ * -5 · - Public Works Fax: =612-533-7dF September 7, 1994 Mr. Don Harvey Winnetka Properties 7145 Sandburg Road Minneapolis, MN 55427 Dear Mr. Harvey: This letter acknowledges receipt of Letter of Credit No. 75470 in the amount of $215,200 submitted as security for completion of all work contained in the Planned Unit Development Agreement and Conditional Use Permit dated August 31, 1994. Enclosed for your records is a fully executed copy of said contract. Sincerely, Valerie Leone, MCMC City Clerk CCi Kirk ~, l~gmt Assistant/Community Development Coordinator (PC 94-20) Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Family Styled City '~~ For Family Living PLANNED UNIT DEVELOPMENT AGREEMENT AND CONDITIONAL USE PERMIT FOR 3920 Winnetka Avenue North and 3941/3961 Quebec Avenue North Parties to ABreement. This Agreement dated the 3/~da'y of August, 1994 is between the City of New Hope, a Minnesota Municipal Corporation (hereafter City) and Winnetka Properties, a Minnesota Genera] Partnership (hereafter Developers). Subject Property. That the Developers are the owners of the fo]lowing described property which is the subject of this Agreement: See attached Exhibit A. Conditional Use Permit Planned Unit Development Approval. The Developers have asked the City to approve a Planned Unit Development (PUD) for the subject property consisting of the following uses: two principal industrial buildings on one'lot, with an expansion of one of the buildings, all as set forth in Planning Case 94-20. The City hereby approves the PUD conditional use permit on the condition that the Developers enter into this Agreement and comply with its terms, and upon the following conditions: Removal of existing drive on Winnetka Avenue and Quebec Avenue shall be done in accordance with Hennepin County and City standards· The integrity of the existing sidewalk along Winnetka Avenue shall be maintained by reconstruction of the sidewalk after removal of the existing drive. b. Appropriate Hennepin County permits be obtained. c. Final Plat be revised to include Minnegasco easement. Approval of the plans by the Shingle Creek Watershed Co~mission prior to the issuance of a building permit. T~_® pond shall be designed to satisfy all quantity and quality requirements in accordance with the Watershed and City. An outlet skimmer' structure is required. The pond and lot sha~ be sized to provide maximum storage while the storm sewer shall be located 10' behind the existing concrete Curb. The new concrete curb construction along the existing south pavement shall be located to comply with the required setback from Quebec Avenue. The curb along the existing east pavement may warrant storm sewer and a catch basin to collect and convey storm water to the pond. The pavement restoration shall account for traffic loading, subgrade conditions and the existing section. Total reconstruction is warranted in certain areas. Boulevard grading along Quebec Avenue and irrigation constructed as part of the site improvements shall account for a sidewalk being constructed in the future. The retaining wall in the northwest corner of the new parking area shall be properly designed and comply with setback requirements. Retaining wall details must be submitted to City for approval. Delete the "one-way" parking layout at north· Correct the dimension errors at north setback between the lot line and the building. Submit traffic signage for all three driveways and the north end of the trucking driveway. Provide exterior lighting details, NOT shown on plans· East oak tree protection (fence) to extend to the tree crown (drip line). Signed architectural plans for the PUD must be provided. Submit tenant leasehold plan including areas and "uses". for both buildings, Clarify building interior use in building code terms. Cohtinuous concrete curbing be provided around the entire parking lot. Elimination of all outdoor storage from the site· Submission of detailed signage plan which complies with City sign regulations. Developer must enter into a PUD Development Agreement with the City, to be prepared by the City Attorney, and submit the appropriate bond with amount to be determined by City Engineer and Building Official. 2 Development Agreement must be executed and bond submitted prior to the issuance of a building permit. Development Exhibits. The Developer shall develop the property described above in accordance with the plans shown on the following exhibits. If the exhibits vary from the written terms of this Agreement, the written terms shall control. The exhibits are: Exhibit B -- Exhibit C -- Exhibit D -- Site Plan Landscaping Plan Grading and Drainage Shared Ingress and Egress. The Developers further acknowledge that that all uses on the subject property may utilize the curb cuts and driveways shown on Exhibit B for ingress and egress. The Work. The work shall consist of the improvements described in the attached Exhibits, including any approved subsequent amendments, which shall be performed by. the Developers 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 as shown on the plans including, but not limited to, landscaping, private drives, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fences, fire lanes, sidewalks, and trash disposal enclosures. The work shall expressly include the removal of the existing driveway onto Winnetka Avenue North located approximately 220 feet north of Quebec Avenue North· The Developers further agree that all signage on the property will comply with the New Hope Sign Code. Financial Guarantee. To secure performance of the work under this Contract, and payment of all administrative expenses to the City, the Developers shall furnish the City with a bond in the amount of $215,200.00 before any work is started or building permits issued. The bond may take any of the following forms: i) Cash deposit at no interest; ii) Assigned Saving Certificate - interest to Developer; iii) Corporate Surety Bond; iv) Two year Letter of Credit. 3 Developer agrees to reimburse the City for, and the financial guarantee shall also secure payment to the City of, all administrative expenses, including legal and engineering fees, associated with this PUD and Agreement. Developer further agrees to pay, and the financial guarantee shall also secure payment of, alt costs to the City to enforce this Agreement, including engineering and legal fees. Completion of Work· The undersigned Developer agrees that the work shall be completed in its entirety on or before the 31st day of July, 1995, and no extension of time shall be valid unless the same shall be approved in writing by the City. An extension of time shall be valid whether approved by the City before or after the completion date, and failure of the City to extend the time for completion or to exercise other remedies shall not cause a forfeiture of the City's rights hereunder, nor shall any extension of time granted by the City cause any forfeiture of the City's rights. It shall be the duty of the Developer to notify the City of the completion of the work in writing and to request a final inspection of the work by employees of the City. The financial guarantee furnished to the City, shall remain in full force and effect after installation of the work, to determine that the useful life of all work performed hereunder meets the average standards for the particular industry, profession, or material used in the completion of the work. Landscaping improvements consisting of trees, shrubs, and other living material, shall be considered complete for purposes of this agreement upon determination of the City following inspection by the City that said materials have survived one full winter season after the actual installation of the materials. The period October 31 through April 30 shall constitute a winter season. Any work failing to meet such standards shall not be deemed complete hereunder. Notice of the City's acceptance of the work shall be given the Developers following inspection and a determination that the work has been properly completed. Any such completion notice shall ~ot release the financial guarantee. The financial guarantee may be released only upon motion of the City Council. Remed_fUl~ for Breach. The City shall give prior notice to the Developer and a corporate surety that has provided a bond as financial guarantee of any default before proceeding- to enforce such financial guarantee or before the City undertakes to complete any.of the improvements (the "work") for which the City will be reimbursed through the financial guarantee. 4 Notice shall be sent by certified mail. If with ten (10) days after such notice to it, the Developer or the surety has not notified the City in writing of its intention to enforce any rights it may have under this performance agreement or any performance bond or guarantee by stating in writing the'manner in which the default will be cured and the time within such default will be cured, the City will proceed with the remedy it deems appropriate. At any time after the completion date and any extensions thereof, if any, of the work deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred bY the City in connection therewith including, but not limited to, engineering, legal, planning and litigation expenses; but the enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. i) Specific Performance. The City may in writing direct a corporate bond surety or the Developer to cause the work to be undertaken and completed within a specified reasonable time. If the surety and/or the Developer fail to cause the work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for specific performance to require work to be undertaken. ii) iii) Completion by the City. The City, after notice, may enter the premises and proceed to have the work done either by contract, by day labor or by regular City forces, and neither the Developer nor the corporate surety may queStion the manner of doing such work or the letting of any such contracts. Upon completion of such work, the surety and/or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the financial guarantee is in the form of a performance bond, it shall be no defense by the surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. Deposit of Financial Guarantee. In the event that the financial guarantee has been submitted in the form of a performance bond, the City may demand that the surety deposit with the City a sum equal to the City's estimated cost of completing the 5 work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the face of the performance bond which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the work as herein before specified, and the balance shall be returned to the surety. The money shall be deposited with the City within ten (10) days after written demand therefor, and if the surety fails to make the required deposit within ten days, the City shall have the right to proceed against the surety with whatever legal action is required to obtain the deposit of such sum. iv) Funds of Deposit. In the event that the financial guarantee is in the form of cash, certified check, irrevocable letter of credit, or other arrangement making the financial guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the financial guarantee in its general account. The City may then proceed to complete the work, reimburse itself for the cost of completion as. defined hereunder, and return the balance to the Developer. Green Area Requirement. Developer acknowledges that the New Hope Zoning Code § 4.145(3) requires that not less than 20% of the subject property remain as green area as that term is defined by said section. Developer further agrees to indemnify and hold harmless the City for any costs the City may incur, including attorney's fees, in connection with any legal action or proceeding relative'to the enforcement of § 4.145(3) or any other paragraph of this Planned Unit Development Agreement. 10. Miscellaneous. i) This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may ~ _be. ii) Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. 6 iii) If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. iv) The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 11. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer by certified or registered mail at the following address: Notices to the City ~hall be in writing and shall be either hand delivered to the City Clerk, or mailed to the City by certified mail or registered mail in care of the City Clerk at the following address: 4401 Xylon Avenue North, New Hope, Minnesota 55428, Attention: City Clerk. Dated: Dat ed: j:>/3 //~ ~/ DEVELO~ CITY OF_~NEW HOPE By ~b~x~ ~ ~ "It '~ - Its City.Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this (/_~¢/~ day of personally appeared Edw. J. ~a , 1994, before me Er nd Daniel J. Donahue, to me known to be the persons described in the foregoing instrument and who did say they are respectively the Mayor and City Manager of the municipal corporation named therein and that the sea] affixed to said instrument is the corporate sea] of said municipal corporation, and that said instrument was signed and sea]ed in behalf of said municipal corporation by authority of its City Council and said Edw. J, Erickson and Daniel J. Donahue acknowledged said instrument to be the free act and deed of said municipal corporation, Notary Pu~l STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this 31st day of August , 1994, before me personally appeared Donald L. Harvey and Gregory L. Harvey to me known to be the persons described in the foregoing instrument and who did say that the~areereSpeCtFartnr ively the Partner and of Winnetka Properties, a Minnesota General Partnershipship, and that said instrument was signed on behalf of said general partnership. c:\ w pS 1\Chh\pud. ~ttn Notary Public