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060193 Planning AGENDA PLANNING COMMISSION MEETING OF JUNE 1, 1993 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 93-14 Request for Preliminary Plat Approval for Minnesota Sun Addition, 8801 Bass Lake Road, Guy Gannett Publishing Company, Petitioner 3.2 Case 93-15 Request for Variance to Rear Yard Setback Requiremem and Site/ Building Plan Review/Approval to Construct New Warehouse/Office Building, 3940 Quebec Avenue North, Paddock LaboratOries/Bruce Paddock, Petitioner 3.3 Case 93-16 Request for Conditional Use Permit to Allow Outdoor Dining at New Hope City Center, 4219 Winnetka Avenue North, New Hope/U.S. Swim Partnership, Petitioner 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINESS 6.1 Approval of Planning Commission Minutes of May 4, 1993 6.2 Review of City Council Minutes of April 26 and May 10, 1993 6.3 EDA Minutes of April 26, and May 10, 1993 7. ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-14 Request: Request for Preliminary Plat Approval for Minnesota Sun Addition Location: 8801 Bass lake Road PID No.: 06-118-21-31 0016 Zoning: I-1 (Limited Industrial) Petitioner: Guy Gannet Publishing Company Report Date: May 28, 1993 Meeting Date: June 1, 1993 BACKGROUND 1. The petitioner is requesting subdivision and Preliminary Plat approval of Minnesota Sun Addition, which includes the property on which the existing Post Building is located at 8801 Bass Lake Road and the vacant property just west of the Post Building, in order to split off and create a new I-1 parcel for development. The request is made pursuant to Chapter 13 of the New Hope Code of Ordinances. 2. Earlier this year the property owners requested a rezoning of the entire parcel to an R-O (Residential-Office) zoning status in conjunction with Planning Case 93-03 to allow Medicine Lake Lutheran Church to occupy the site. That rezoning request was denied by the Planning Commission and withdrawn for further consideration by the City Council. 3. The Post property is zoned I-1 (Limited Industrial) and is bordered on the east and west by properties zoned I-1. The property immediately to the south is zoned R-4 (Pheasant Park Apartments) and the property to the north across Bass Lake Road is zoned primarily R-1 Single Family Residential. The purpose of the I-1 District is to provide for the establishment of industrial development in a.well-planned residentially compatible setting. 4. Staff has been working with an I-1 business that desires to locate on the vacant portion of the subdivided parcel if the subdivision/plat is approved and that site/building plan review application will probably be considered at the July Planning Commission meeting. 5. The zoning code states that "if the preliminary plat is approved by the Planning Commission and City Council, the subdivider must submit the final plat within 100 days after said approval. Copies of the f'mal 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 platt'. 6. The petitioner has formally requested that the Planning Commission waive review of the final plat so that it is possible to expedite the sale of property in order for construction to start on the proposed new building this fall. 7. As per routine police, the preliminary plat was submitted to City Department Heads, City Attorney, City Engineer, utility companies, and Hennepin County for review and comment. 8. Property owners within 350' of the request have been notified and staff has received no comments about this proposal. Planning Case Report 93-14 June 1, 1993 Page -2- ~-~ ANALYSIS 1. The parcel currently contains 180,201 square feet or 4.137 acres and is proposed to be subdivided into two lots. The lot area and lot width requirement for the I-1 Limited Industrial Zoning District are compared to the plat below: I-! Requirement Plat Minimum lot area 1 acre Lot I = 85,550 square feet or 1.964 acres Lot 2 = 94,651 square feet or 2.173 acres Minimum lot width 150 feet Lot 1 -- 202.86 width at narrowest point Lot 2 = 246.34 width at narrowest point The two proposed lots meet the area and width requirements. 2. The plat contains the proper drainage and utility easements as required by the City Code; 5 feet in width on adjoining lot lines and 10 feet in width on adjoining street lines. 3. The proper I-1 setback requirements are shown on the plat, as follows: 75 foot front yard setback from Bass Lake Road 20 foot side yard setbacks on east/west side yards 35 foot rear yard setback on south rear yard 4. No comments were received on the plat from utility companies. 5. The City Engineer reviewed the plat and recommends the following: A. The access onto County Road 10 (Bass Lake Road) will have to be reviewed and approved by Hennepin County and be coordinated with the improvements for Bass Lake road scheduled this summer. B. This property will be responsible for continuing the sidewalk construction along Bass Lake Road to the west line of Lot 1, Block 1. C. Lot 1, Block 1, does not have a water service. It would be prudent to extend the water service for this lot as part of the Bass Lake Road Project. The cost for the water service will be the responsibility of this property and is estimated at $4,000-$5,000. D. This plat abuts a protected DN-R wetland. In accordance with Shingle Creek Watershed, all new development abutting a DNR protected wetland shall provide treatment for storm water runoff. Therefore, this plat and all new construction must be reviewed and approved by the Shingle Creek Watershed and the DNR if any construction encroaches into the abutting wetland. E. The City is proposing improvements to the trunk sewer located along the south line of this plat. Although sufficient permanent easement exists, all temporary construction easements shall be provided in conjunction with the plat approval. 6. Hennepin County reviewed the plat and made the following comments: A. The plat drawing does not reflect the latest right of way taking by Hennepin County as part of County Project 9014, intersection at Boone Avenue and signal interconnect at International Parkway/Gettysburg Avenue. Refer to Attachment 1 for the legal description of the permanent taking. The plat drawing should be updated. Planning Case Report 93-15 June 1, 1993 Page -3- B. The developer does not show any proposed access from CSAH 10 to Lot 1. To provide full access to Lot 1 the access must be located directly opposite Decatur Avenue. Any request to alter the design of proposed Hennepin County Project 9014 to provide a protected left turn into Lot 1 must be submitted to Hennepin County by June 7, 1993. C. All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. D. The developer must restore all areas disturbed during construction within County right of way. 7. The City Attorney reviewed the preliminary plat and had the following comments: A. The plat appears to be in order from a legal standpoint. The only question is a minor one involving the legal description of the jog in the west line of the plat. The direction for the short 2.42 foot section is at a right angle to the southerly portion of the west line, but not at a right angle to the northerly portion of the west line. The very last part of the legal description which defines the exception states that the direction change from the northerly part of the west line is at a right angle. This is a minor matter and the surveyor has indicated that it will be taken care of in the final plat. B. The existing Post Building extends some distance into the I-1 front setback of 75 feet (this is an existing non-conformity). C. At the time of the final plat, the City will need to see evidence of title to determine all those with an ownership or other interest in the property. 8. The Building Official reviewed the preliminary plat and made the following comments: A. The petitioner has asked the Planning Commission to waive review of the final plat to expedite the process. All corrections must be made promptly. B. A written request and drawing for a proposed full access curb cut opposite Decatur Avenue must be submitted to the City by Friday, June 4th, in order to incorporate changes into the 1993 Bass Lake Road Project. C. The dimension error involving the 2.42 foot job in the west log line has been noted by the City Attorney. D. Blacktop must be removed across the east lot line and end at least five feet from the new lot line. (See Attachment "A".) E. Drainage issues require Shingle Creek review and approval with the adjacent DNR wetland. F. Available utilities require changes before development of Lot 1. G. The existing vacant tiny lot adjacent to the west side is well suited for combination with Lot 1, if ownership changes, because of the new traffic signal at the International Parkway intersection, restricted access on the heavily-traveled Bass Lake Road, lot size, ease of site design and drainage considerations. H. Acceptable evidence of title has not been submitted. 9. Although there are a number of items that need to be addressed on the preliminary plat, staff f'mds the majority of items to be minor in nature. If the review of the final plat is waived by the Commission, all corrections would have to be made prior to submittal of the final plat to the City Council. Planning Case Report 93-14 June 1, 1993 Page -4- RECOMMENDATION Staff recommends approval of the proposed preliminary plat of Minnesota Sun Addition, subject to the following conditions: 1. The developer does not show any proposed access from CSAH 10 to Lot 1. To provide full access to Lot 1 the access must be located directly opposite Decatur Avenue. Any request to alter the design of proposed Hennepin County Project 9014 to provide a protected left turn into Lot 1 must be submitted to Hennepin County by June 7, 1993. A written request and drawing for a proposed full access curb cut opposite Decatur Avenue must be submitted to the City by Friday, June 4th. The access onto County Road 10 (Bass Lake Road) to be reviewed and approved by Hennepin County and be coordinated with the improvements for Bass Lake road scheduled this summer. 2. The dimensional error involving the 2.42 foot jog in the west lot line must be corrected in the final plat. 3. Blacktop must be removed across the east lot line and end at least 5 feet from the new lot line. (See Attachment "A".) 4. Acceptable evidence of title must be submitted. 5. The developer will be responsible for continuing the sidewalk construction along Bass Lake Road to the west line of Lot 1, Block 1. 6. Lot 1, Block 1, does not have a water service. It would be prudent to extend the water service for this lot as part of the Bass Lake Road Project. The cost for the water service will be the responsibility of the developer and is estimated at $4,000-$5,000. 7. This plat abuts a protected DNR wetland. In accordance with Shingle Creek Watershed, all new development abutting a DNR protected wetland shall provide treatment for storm water runoff. Therefore, this plat and all new construction must be reviewed and approved by the Shingle Creek Watershed and the DNR if any construction encroaches into the abutting wetland. 8. The City is proposing improvements to the trunk sewer located along the south line of this plat. Although sufficient permanent easement exists, all temporary construction easements shall be provided in conjunction with the plat approval. 9. The plat drawing does not reflect the latest right of way taking by Hennepin County as part of County Project 9014, intersection at Boone Avenue and signal interconnect, at International Parkway/Gettysburg Avenue. The plat drawing should be updated. 10. Appropriate utility permits to be obtain from County prior to beginning construction. 11. The developer must restore all areas disturbed during construction within County right of way. Attachments: Topo/Section/Zoning Maps Plat Memo: Distribution of Plat Attorney Letter Engineer Letter Hennepin County Letter Attachment "A" City of New Hope S~NGLE F~MII.y RESIOENTI&t. R-I SINGLE AND TWO FAMILy RESIOENTIAL MEDIUM D~NSITY RESIDENTIAL R-$ HIGH DENSITY RESIDENTIAL SENIOR CITIZEN RESIDENTIAL RESIDENTIAL OFFICE R-O LIMITED NEIGHBORHOOD BUSINESS RETAIL BUSINESS AUTO ORIENTED BUSINESS B.~ COMMUNITY BUSINESS B-4 LIMITED INDUSTRIAL ! · GENERAL INDUSTRIAL !- 2 F~.OOO PLAIN FP WET LAND W t · *Associated ~ Consultants. inc. ::::;:::;;;;"":::::~;:;;:~ii*...i~*~ ...... - ' ......... '-.~j~!.;~.:"*'*":::::;:"*"~:~:!: *'"::'; '"*".'*' !i ...... :::"'::"*":'***~ :"':""':':'*'**:***:';::: .....: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: X 906.4 904.7 .. X 4401 Xylon Avenue North Telephone: 612-531-5100 City Hall Fax: #612-531-515E New Hope, Minnesota 55428-4898 TDD Line: 612-531-5109 Police Fax: #612-531-51 Public Works Fax: #612-533-765C CITY OF NEW HOPE MEMORANDUM DATE: May 10, 1993 TO: Hennepin County Departmem of Transportation 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 FROM: Kirk McDonald, Management Assistam/Community Development Coordinator SUBJECT: Preliminary Plat of Minnesota Sun Addition Enclosed you will find a preliminary plat for Minnesota Sun Addition. Please review and forward comments to me prior to 4:30 p.m. on Friday, May 21st, 1993. The preliminary plat will be considered by the new Hope Planning Commission at their June 1, 1993, meeting. If you have questions, please feel free to contact me at 531-5119. Family Styled City ~ For Family Living ~.. ..... ~ ,. / 'ON ~BN3A~ L=~f' 0~0~ , D INDUSTRIAL ~ o ~o~.~ ~ ~o : , 5ET~AC~ ~UILDING SETBAC NE~ ,' [ONE ~-1~ LIMITED ,zONE Z-I LIMITE~ iNDUSTRIAU ~ : "., -Proper+y_ corner ;~ 1.0 ~. ,; ,,~N.8~oOS,IO,,W.449.20 ,, ..... easf oF ten+er o~' manhole "IE" C.P. 5an;f;ry 5ewer O.ff~, Flow ~ '~Manhcle ............... OW N E R: P HE ASAN7 P A R K r u E ]. 6 ; 28 C 0 R R .[ C K ¢_., $ 0 N.O IR R L L P . 02 Mr. Kirk Mc0onald Management Asst, City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Preliminary Plat of Minnesota Sun Addition Our File No: 99.15033 Dear Kirk: I have reviewed the above-referenced preliminary plat. The plat appears to be in order from a legal standpoint. The only question I have is a minor one involving the legal description of the jog in the west line of the plat. The direction for the short 2.42 foot section is at a right angle to the southerly portion of the west 3ins, but not at a right angle to the northerly portion of the west line. The very last part of the legal description which defines the exception states that the direction change f,om the northerly part of the west line is at a right angle, This is a minor matter and ! have spoken with the surveyor about it, and will be taken care of in the final plat. As ! am sure you are aware, the ex/sting building extends some distance into the 1-1 front setback of 75 feet. This may be a good time to remind the parties platting the property that at the time of the final plat we will need to see evidence of title to determine all those with an ownership or other interest in the property. Please contact me if you have any questions. $tncerel Martin P. Malecha Asst. New Hope City Attorney s3t cc: Dante1 J, Oonahue Steven A, $ondra11, EsCl. Robert W ~osene. RE.' Ke~th A Gordon. PE PhlJlp J Pyne. PE Miles 8 Jensen PE Joseph C Anderllk. PE Robert R P~rler PE ~nes M B~ng. A lC P L Ph~li~g Gravel Iii PE ~ Ro~e~e Ma~,n L. ~aia. PE R~chard ~ Fos,er. PE Thomas ~ Peterson. PEKaren L ~,emerl P~ ~*chgrd E. Turner. PE.Dawd O Losko~a. RE. Michael C Lynch. PE Gg~ g Kr)stofi~ P~ u ~derlik~ - GJenn R. Cook. P, ,obe~ C ,usse,. AiA James R Malan,. P. F Todd Foster P, Associates Thomas E Noyes. PE Je,~ A .ourdo., RE Jer~ D Pease., RE Ke.m, Yapp. PE ¢ Robe~ G ~hun~hL RE Mark A Hanson. RE Kenne:~ P Anderson, 28 Douglas J SenDaL PE Susan M Eberhn. CPA Michael T Rau[mann. P[ Mark R Rol~. PE Shawn g Gustafson PE '~n~or Consultant Ted K F~eld. RE Mark A ~¢. PE Cecllio Ollwer PE Engineers & Ar~hite~ts oo,~J~ c Burgardt. PEDaniel J Edge~on. PE Leo M PaweisKy Thomas E Angus. P[ Allan R~C~ ~hm~dt. PEHarlan M Olson M''ayZAP-, 1993 ,smael Mamnez. PE Philip J Casw¢. PE James F EngeJhardt City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Attn: Kirk McDonald Re: Sun Addition Our File No. 34 Gen Dear Kirk: We have reviewed the above referenced plat and recommend the following: 1) The access onto County Road 10 (Bass Lake Road) will have to be reviewed and approved by Hennepin County and be coordinated with the improvements for Bass Lake Road scheduled this summer. 2) This property will be responsible for continuing the sidewalk construction along Bass Lake Road to the west line of Lot 1, Block 1. 3) Lot 1, Block 1 does not have a water service. It would be prudent to extend the water service for this lot as part of the Bass Lake Road Project. The cost for the water service will be the responsibility of this property and is estimated at $4,000-$5,000. 4) This plat abuts a protected DNR wetland. In accordance with Shingle Creek Watershed, all new development abutting a DNR protected wetland shall provide treatment for storm water runoff. Therefore, this plat and all new construction must be reviewed and approved by the Shingle Creek Watershed and the DNR if any construction encroaches into the abutting Wetland. 5) The City is proposing improvements to the trunk sewer located along the south line of this plat. Although sufficient permanent easement exists, all temporary construction easements shall be provided in conjunction with the plat approval. If you have any questions, please contact this office. Yours very truly, BONEI;~O~ RQI~tENE, ANDERLIK & ASSOCIATES, INC. Mar:ff~. Hanson MAH:po 2335 gl/est Highway 36 · St. Paul, MN 55113 · 612-636-4600 DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South HENNEPIN Hopkins, Minnesota 553.43-8468 FAX [612] 930-2513 TDD: [612] 930-2696 May 21, 1993 Kirk McDonald, Management Assist. Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN 55428-4898 Dear Mr. McDonald: RE: Proposed Plat - Minnesota Sun Addition CSAH 10, South side, directly opposite Decatur Ave. No. Section 6, Township 118, Range 21 Hennepin County Plat No. 2061 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: - The plat drawing does not reflect the latest right of way taking by Hennepin County as part of County Project 9014, intersection at Boone Ave. and signal interconnect at International Pkwy./Gettysburg Ave. Refer to Attachment 1 for the legal description of the permanent taking. The plat drawing should be updated. - The developer does not show any proposed access from CSAH lO to Lot 1. To provide full access to Lot 1 the access must be located directly opposite Decatur Ave. No. Any request to alter the design of proposed Hennepin County Project 9014 to provide a protectd left turn into Lot 1 must be submitted to Hennepin County by June 7, 1993. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930-2550 for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. HENNEPIN COUNTY an equal opportunity employer LDING SETISACK ?.ONE Z-.~, ~ ~ ~ ; C ,- nhole -rropergy corner i~ l.O T~, / ea&~ or cenfer o~ manhole '-IZ" C,~ ~ani~arg ~ewer O.gg% Flow ........ 0 W N E'R: P CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 93-15 Request: Request for Variance to Rear Yard Set Back Requirement and Site/Building Plan Review/Approval for Construction of Warehouse/Office Building Location: 3940 Quebec Avenue North PID No: 17-118-21-32-0005 Zoning: I- 1 (Limited Industrial) Petitioner: Brace Paddock/Paddock Laboratories Report Date: May 28, 1993 Meeting Date: June 1, 1993 BACKGROUND 1. The petitioner is requesting site and building plan review/approval for the construction of a new warehouse/office building and a 15-foot variance to the 35-foot rear yard setback requirement, pursuant to Sections 4.039A and 4.034(3) of the New Hope Code of Ordinances. 2. Paddock Laboratories is proposing to construct a 75,750 square foot warehouse/office to accommodate company growth and increased employment on the former Minnegasco site on the newly constructed Quebec Avenue extension. 3. Proposed site information is as follows: Site & Roof Drainage: 15% to Quebec Avenue 85 % to Retention Pond Building Area: 58,300 square feet (footprint) Paving Area: 72,000 square feet Total 130,000 square feet Site Area: 327,555 square feet Lot Coverages: 17.8 % building 22.0 % paving 60.2 % green Total 100% 4. The new building will include warehouse, production, office and laboratory areas, with square footages for each identified below: 1. Warehouse: 32,850 square feet 2. Production: 16,700 square feet 3. Office: 18,200 square feet 4. Laboratory: 3,000 square feet Total 70,750 square feet 5. The setback requirements for the I-1 Zoning District, as applied to this parcel are as follows: Front yard - 50 feet (north side/Quebec Avenue) Side yard 20 feet (east/west sides) Rear yard 35 feet (south side/cemetery) All setback requirements are met except on the rear yard. Planning Case Report 93-15 June 1, 1993 Page -2- 6. Due to the existence of poor soils on the eastern 2/3 of this property and shallow groundwater conditions, (see attached documentation), the petitioner is proposing to locate the building on the western 1/3 of the parcel. This prohibits the proposed building from complying with the 35-foot rear yard setback requirement. The building is proposed to be located 20 feet from the south/rear property line, therefore a 15-foot variance form the 3S-foot rear yard setback requirement is needed. 7. Paddock Labs, which produces pharmaceuticals at their existing site at 3101 Louisiana Avenue North, has outgrown the existing site and is developing this new facility on Quebec Avenue in conjunction with economic development assistance from the City and State. In June, 1992, the City Council passed a resolution providing for the issuance and sale of $4,000,000 in Industrial Development Revenue Bonds, which essentially writes down the interest rate, and the City is pleased that Paddock is developing the new facility in New Hope. 8. Surrounding land uses/zoning include the MN & S Railroad and R-! residential to the east, Bethel Cemetery to the south, Holy Nativity Lutheran Church (zoned R-O) to the west, and I-1 warehouses across Quebec Avenue to the north. 9. This parcel was zoned Industrial in 1956, General Industrial in 1961, and was rezoned to limited industrial in 1989. This development proposal is consistent with the Comprehensive Plan. 10. The topography of the site slopes over 20 feet from the high point at the southwest corner down to the east by the railroad tracks. Few trees exist on the site. 11. Property owners within 350' of the request have been notified and staff has received no comments on this request. ANALYSIS Variance 1. The purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. 2. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the localit3/. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. 3. Additional criteria to be used in considering requests for a variance includes the following and the Planning Commission/City Council shall make findings that the proposed action will not: A. Consistent With Purpose of Variance. Be contrary to the purposes of a variance. B. Light and Air. Impair an adequate supply of light and air to adjacent property. C. Street Connections. Unreasonably increase the congestion in the public street. D. Public Safety. Increase the danger of fire or endanger the public safety. E.Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to intent of City Code. · Planning Case Report 93-15 June 1. 1993 .~- Page -3- 4. The petitioner has submitted a letter that details the reasons for the variance request (see attachment), which focuses on building efficiency, potential for future expansion, subsurface soil conditions, and front yard landscaping. Staff finds that the variance is reasonable due to the soil conditions and also finds that the reduction in the rear setback will have a minimal impact on the cemetery property to the south. Site/Building Plan Review 5. The Design & Review Committee met with the petitioner on May 13th and a number of items were reviewed including building design for future expansion, parking, traffic/truck circulation and exits, retaining wall on south side, screened rooftop equipment, parking lot and building lighting, enclosed dumpsters, snow storage and signage. Revised plans were submitted as a result of the meeting. 6. The plans include a future second floor expansion area to accommodate future growth, with portions of the office being relocated to the second floor and the addition of an elevator. The company currently employs 63 employees on a single shift and may grow to 100 employees within the next 5 years. The expansion area is planned so that it would not interrupt production areas. 7. Parking stall numbers are detailed below, 166 spaces are required and are being provided. Required Parking: 1. Warehouse @ 90% = 29,565 sq.ft. @ 1 stall/1000 sq.ft. = 30 stalls 2. Production & Labs @ 90% = 17,730 sq.ft @ 1 stall/350 sq.ft. = 51 stalls 3. Office @ 90% = 6,389 sq.ft. @ 1 stall/200 sq.ft. + 3 = 85 stalls Total Required Stalls = 166 Parking Provided: 1. Guest parking = 24 stalls (2 Disabled Accessible) 2. Employee parking = 142 stalls (2 Disabled Accessible) Total Stalls Provided = 166 8. Landscaping improvements have been made at the request of the Design & Review Committee and include a total of 656 shrubs and trees - please refer to the enclosed landscape plan and plant schedule. 9. Building materials will consist of painted concrete, aluminum frame glazing curtain walls for executive offices, accent color band and base to be brick color, other precast to be Kasota Stone color; all rooftop equipment to be screened or painted to match building materials. A small sign with metal letters will be affixed to the north elevation and a small pylon sign erected on Quebec Avenue; both in compliance with sign ordinance regulations. 10. The plans show perimeter concrete curb and gutter around all bituminous paving, a profile of semi-truck circulation with a 50' turning radius, dumpster enclosure, snow removal area, parking lot light standards, and guest parking in front of the building. 11. The City Engineer has reviewed the plans and made the following comments: A. The retention pond located in the northeast comer of the site which was graded and developed as part of the Quebec Avenue Extension was properly sized to collect runoff from this site when developed. Therefore, it is important that the site be properly graded and storm sewer be constructed to convey all stormwater runoff to the retention pond. Attached is a marked up portion of the grading plan recommending additional storm sewer construction. Planning Case Report 93-15 June 1, 1993 Page -4- B. It is recommended the parking lot area and driveways include B612 concrete curb and gutter. It should be noted the existing soil conditions below the easterly portion of the parking lot may warrant special consideration (excavation/refill, geotextile fabric, draintile, etc.) due to poor soil. C. The grading plan does not imply any grading will be done east of the parking lot. In the event grading is being done in this area, the grading plan needs to show that grading. It is anticipated excess material will result from the site grading and be disposed of in this area. The grading in this area cannot impact the surface drainage from the cemetery. It is staff's understanding that a revised storm sewer plan is in the process of being prepared in accordance with the City Engineer's recommendation. 12. The plans show "future sidewalk to connect with Church's, per City specifications". This should be clarified, as staff would definitely like to see the sidewalk installed as part of this project. 13. Plat Revision Issue: Late into this review process, staff realized that the existing plat identifies this property as Outlot A and the Zoning Code does not permit building construction on an outlot. The petitioner has been notified and is in the process of having the plat revised, which will identify this property as Lot 2, Village Industrial Park. Staff recommends that this plat revision be approved administratively and be a condition of this development proposal approval. RECOMMENDATION Staff recommends approval of the site/building plan review and the rear yard setback variance, subject to the following conditions: 1. Performance bond/development agreement be required for major site and boulevard work; amount to be determined by Building Official and City Engineer. 2. Sidewalk issue to be clarified. 3. Plat to be administratively revised from Outlot A to Lot 2. 4. City Engineer issues to be addressed/resolved. Attachments: Zoning/Topo/Section Maps Petitioner Letter re: Variance Site Plan Site Plan Notes Traffic Circulation/Parking Plan Parking Notes Landscape Plan Plant Schedule Floor Plan Building Elevations Certificate of Survey Soils Information Engineer Letter/Map IDB info & 6/8/92 Council minutes RI4 I-1 I LI ON~ : B-4 R-4 : OFFICE 4l I& ql~O~111 E y SCHOOL 3?00. CEMETERY , PARK X x .-..I May 21, 1993 City of New Hope Mr. Doug Sandstad 4401 Xylon Avenue North New Hope, MN 55428 RE: Paddock Laboratories, Inc. 3940 Quebec Ave. North New Hope, MN Commission No. 409,92 Dear Doug: ' This letter is an attempt to outline many of the reasons Paddock Laboratories, Inc. has requested a variance with respect to the rear (so. uth) yard building setback, for their new building. As shown on our drawings, the required rear yard setback is 35'-0". We wish to locate the building 20'-0" from the south property line for the following reasons: 1. The building design has been viewed from many perspectives and gone through an extensive thought process. Earlier considerations included building plans for numerous options for warehousing and production. The resultant .plan has evolved from our response to all components of the production process criteria, as well as great effort to maintain maximum building efficiency. Earlier plan options prepared bY this office that required a reduced north-south building dimension, contained excessive circulation and larger footprints needed to accommodate production and the proper flow of materials. 2. Paddock Laboratories is a growing enterprise, therefore, it is necessary to locate the building on site to maximize its potential for expansion: a. Building and site plans contain provisions for future expansion of warehousing to the east and production to the west, with minimal disruption of day-to-day operations b. It is important to minimize the requirement for existing facilities to be either temporarily or permanently removed or relocated to accommodate future construction - disrupting the normal efficiency of operations c. Because of this, the north-south orientation of production must be maintained to provide for a clockwise rotation of raw materials to finished product. SKD ARCHITECTS, INC. 9800 SHELARD PARKVVAY SUITE 110 MINNEAPOLIS, MINNESOTA 55441 (612) 591-6115 page 2 ~ 3. The north-south dimension of the building has been established based on space requirements for production operations, production support, quality control laboratories and offices. To reduce this dimension, it would be necessary to return to a less efficient plan with increases to building area and cost of construction. 4. It is also our desire to minimize the east-west building dimension. Reducing the north- south dimension would, of course, increase the east-west dimension. Initial construction costs will rise for any building movement to the east, because of the site's subsurface soil conditions - the western portion of the site will support conventional construction, but the eastern portion will not, without substantial soils correction. Enclosed please find copies of' soil exploration borings substantiating these findings. 5. Finally, a portion of the violation of the setback is a response to New Hope's desire for landscaped, front yard green space along Quebec Avenue. This front yard may need to be reduced to the minimum zoning requirement in order to allow a full rear yard setback. h is our opinion that this would be of greater negative impact than encroachment on the setback to the south which faces a cemetery of enormous dimension. We look forward to your positive consideration of this request for variance: If you have any questions concerning the above descriptions of rationale, please contact our office for clarification or additional information. Sincerely, SKD Architects, Inc. Mark W. LongwoBh Project Manag~er~ Encl. cc. Bruce Paddock , QUEBEC AVENUE NOR:TH ' · SKD I ~.xxx ".,,,. ~ I TRAFF~ C~T~N & PARKI~ PLAN ' ~ ~ ~ -r , ........ . TRAFF~ CIRCULATION & PARKING PLAN ..... ' ...... ~ ..... - ............. "~l~'.~i,~~' .....' .................. ~ '?'i i '~,~i. ~:~ ......... · .. ...... ~ : il ...:.. ...... · "· .. .t-~rl ........... . ...... f,~ ~/~ ........................ ~::~ ~ ~ ~ ~ ~ ,-. ...-~ ~ . ~,:~ ' ~ - ,. .P~NT SCHEDULE .... ' ....... '~ ; , ~.- ...":" COD~' ' ONTr. S~'~, .,' ~L~N~T~TV~ -" ,. . : .:;-, ,.,..i .. . .... ., .,, f' ~" A ~5 6' BB,.. 'COLORADO 'OLU~ SPRU, gE / FICEA ~UNGENS .-,"" .... ~" B ~ 0 2.5"BB "' ~GGAR ~PLE / AC~ SACClIARUM c ~ z s"Ba ............. 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'~F~a.E~ ) ....... ~-q.x' III I II I i ......... nj~ L , S K D: November 25, 1992 MEMORANDUM TO: File ~,, FROM: Mark Longworth RE: Paddock Laboratories New Hope, MN Commission No. 409-92 * EXISTING SUBSURFACE INVESTIGATIONS: * References: 1. "Preliminary Soil Borings", Braun Engineering Testing, Project No. 89-312, dated June 21, 1989 2. "Foundation Investigation", Braun Engineering Testing, Project No. 89-311, dated July 12, 1989 3. "Subsurf~,.ce Exploration Program for Proposed Quebec Avenue Extension", Twin Cit./Testing, Project No. 4220 89-2118, dated September 11, 1989 4. "Preliminary Investigation of Soil Conditions", Advance Surveying & Engineering, Project No. 91326, dated July 5, 1991 5. "Phase I Environmental Site Assessment Update", Twin City Testing, Project No. 4229 92-0003, dated July 28, 1992. PRELIMINARY SOIL BORINGS June 21, 1989 A. Prepared for: Winnetka Center Limited 8000 Town Line Avenue #203 Bloomington, MN 55438 B. Purpose: Prelit,~inary recommendations for construction of the proposed development (office/warehouse). Subsurface information for construction of proposed roadway. C. Scope: Four (4) standard penetration test borings, for penetration resistances and soil samp!ing. Four (4) power auger borings for soil sampling. Laboratory testing. Engineenn. g opinions and recommendations. D. Schematic Site Plan: Shows work performed on site of proposed new building. E. Preliminary Foundation Recommendations: 1. West portion of site (at or above grade elevation 920) soils are suitable for support of proposed development: a. Topsoils removed down to underlying natural clay soils SKD ARCI IITFCTS, INC. cJfl~0 SItELARD I~ARK'V~/AY SUITE 110 MINNEAPOLIS, MINNESOTA 55441 page 2 b. Other soils correction not required c. Typical spread footings (2000 - 5000 pst). 2. East portion of site (below grade elevation 920) soils are not suitable for support of proposed development: a. Fill, slopewash and black organic soils removed and replaced, within limits of structure (7 - 12 foot depth) b. Groundwater will be encountered - sump pumps required during soils correction and excavation c.Import all fill (sand) required for soils correction, 2'-0" above level of water and below d. On-site materials (clay - drying may be required) can be used for all soils correction, 2'-0" above level of water. 3. Contingency required for additional soils correction and/or foundation costs. FOUNDATION INVESTIGATION July 12, 1989 A. Prepared for: Holy Nativity Lutheran Church c/o Vanman Construction Co. 9211 Plymouth Avenue Minneapolis, MN 55427 B. Purpose: Evaluate subsurface soil and groundwater conditions relative to construction of proposed church. C. Scope: Three (3) standard penetration test borings, for penetration resistances and soil sami~ling. Two (2) power auger borin~gs for soil sampling. Laboratory testing. Engineering opinions and recommenclations. D. Schematic Site Plan: Does not show work performed on site of proposed new building. E. Preliminary Foundation Recommendations: Not applicable to this project. F. Notes: 1. Findings and recommendations similar to those noted within "Preliminary Soil Borings" and "Preliminary Investigation of Soil Conditions" reports, referencing east portion of site. SUBSURFACEEXPLORATION PROGRAM September 11, 1989 A. Prepared for: City of New Hope c/o Bonestroo Rosene Anderlik & Assoc. 2335 WeSt Highway 36 Roseville, MN 55113 B. Purpose: Subsurface exploration and review for proposed extension of Quebec Avenue to south from previous cul-de-sac. page 3 C. Scope: Four (4! power auger borings for soil sampling. Laboratory testing. Engineering op~mons and recommendations. D. Schematic Site Plan: Does not show work performed on site of proposed new building. E. Roadway Construction Recommendations: Not applicable to this project. F. Notes: 1. Ditch for water retention, this project site, is result of borrowing fill for construction of Quebec Avenue and its embankments. PRELIMINARY INVESTIGATION OF SOIL CONDITIONS July 5, 1991 A. Prepared for: D.J. K_ranz Co., Inc. 2033 West Broadway Avenue Minneapolis, MN 55411 B. Purpose: Subsurface exploration and review to identify soil and water conditions for proposed development (office/warehouse/manufacturing). C. Scope: Seven (7) power auger borings for soil sampling. Laboratory testing. Engineering opinions and recommendations. D. Schematic Site Plan: Show work performed on site of proposed new building. E. Recommendations: 1. West portion of site is suitable for support of office/warehouse/manufacturing facih'ty: a. Typical spread footings (max. 3000 psf). 2. East portion of site is not suitable for support of office/warehouse/manufacturing facility: a. Excavate unsuitable soils down to firm sandy clay (5 - 10 foot depth) b. Import fill required for soils correction, compact to Standard Proctor Density of not less than 95%. 3. ~ had initial water levels of 3 - 8 feet below grade. 4. Pre,are ~.urrent topographical survey and compare to pre-development survey on record at City offices, to establish areas of cut and fill. PHASE I ENVIRONMENTAL SITE ASSESSMENT UPDATE July 28, 1992 A. Prepared for: Paddock Laboratories 3101 Louisiana Avenue North New Hope, MN 55427 page 4 B. Purpose: Examination of the potential for environmental liabilities associated with soil and groundwater contamination. C. Scope: Site reconnaissance. Updating government file information. Data, opinions and recommendations. D. Schematic Site Plans: Figures 2, 2A and 2B are not current as of date of report - Holy Nativity Lutheran Church is not shown - structures shown have been cleared from the site. Drawings show work performed only at westernmost portion of site of proposed new building. E. Results/Observations: 1. Westernmost portion of site previously held numerous propane storage tanks for Minnegasco: a. No detectable amounts of VOCs, base neutrals or phenols b. Trace amounts of pesticides: 4,4 DDE and 4,4 DDT c. Trace amounts of PAHs: acenaphthene, fluoranthene and p. yrene d. Chemicals not likely to impact groundwater, due to immobthty e. Chemicals not hazardous to users, based on food standards. 2. No recommendations for further subsurface environmental work or assessment. 3. No evidence of underground storage tanks. 4. Unidentified two-inch plastic pipe protruding from ground at northeast corner of site, 30'-0" west of fire hydrant, at south side of Quebec Avenue. 5. Project site not a wetland area on U.S. Fish and Wildlife Department and Hennepin County wetland inventory maps: a. Verify if project site contains regulated wetland. END OF MEMO cc: Bruce Paddock Civil and Structural Engineers MWL project file Bonestroo o.o G. Bonesm~3. RE. Howa~ A ~n~. RE. Michaet ~ ~u, RE. Mark D ~llis RE. ~K ~ Ro~ne. PE.* ~ A. ~n, PE. Phfl~ J. Pyne, RE. MJ~$ B. Jen~n, PE. Jo~ph C. Ande~ik. PR. ~ff R. ~rle, PE. ~nes M. Ring, A.I.C.~ L. Phillip Gr~l IlL RE Rosene Ma~in L. ~ala. PE. R~ha~ W, ~r. RE. Thomas ~ Richa~ E. Turner, PE. O~¢d Q ~sk~. RE, M~h~l C. L~ch, PE. Ga~ D. ~ RE. Glenn R. C~k. ~E. R~ C. Rusk, A.LA. Ja~s R, Malarial, ~n M. E~din. CFA. M~h~t [ ~uCmann, RE. Mark R. ~ *~nior Consul~an~ T~ K. Field. RE. Mark A. ~i~ RE. C~ilJo Oliver. RE. Thomas R. Ande~n, A.I.A. Ga~ W. Morien, RE. ChaHes A. Enck~n Engineers & Architects ~a~u c. eu~e~ RE. Danie~ J. Edm~, Thomas E. An~[ RE. Allan Rick ~hm~, ~E. Ha~en M. x~y"a- 14, 1993 ~,~., Ma~i.ez, RE. Philip J. Ca~ll, FE. Ja~s ~ En~lha~ City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Attn: Kirk McDonald Re: 3940 Quebec Avenue (Paddock Laboratories) Our File No. 34 Gen Dear Kirk: We have reviewed the above referenced site plan and recommend the following: The retention pond located in the northeast corner of the site which was graded and developed as part of the Quebec Avenue Extension was properly sized to collect runoff from this site when it's developed. Therefore, it's important that the site be properly graded and storm sewer be constructed to convey all stormwater runoff to the retention pond. Attached is a marked up portion of the grading plan recommending additional storm sewer construction. It's recommended the parking lot area and driveways include B612 concrete curb and gutter. It should be noted the existing soil conditions below the easterly portion of the parking lot may warrant special consideration (excavation/refill, geotextile fabric, draintile, etc.) due to poor soil. The grading plan does not imply any grading will be done east of the parking lot. In the event grading is being done in this area, the grading plan needs to show that grading. It's anticipated excess material will resultS from the site grading and be disposed of in this area. The grading in this area cannot impact the surface drainage from the cemetery. If you have any questions, please contact me at this office. Yours very truly, · Hanson ' MAH:po End. 2335 ~/est Highway 36 * St. Paul, MN 55113 * 612-636-4600 Development City Manager & Planning 6-22-92 Kirk McDonald Management Assistant RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152TO 469.165,TO PROVIDE FUNDS FOR INDUSTRIAL DEVELOPMENT PROJECT ON BEHALF OF PADDOCK LABORATORIES, INC. The enclosed Bond Resolution provides for the issuance and sale of $4,000,000 Minnesota Industrial Development Revenue Bonds for the industrial development project by Paddock Laboratories, Inc. The resolution states that the City shall proceed to issue the bonds in an amount not to exceed $4,000,000 in the form and upon the terms set forth in the Indenture. The closing will be held on June 25, 1992. Staff recommends approval of the resolution. CITY OF NEW HOPE RESOLUTION NO. 92-104 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT AND THE ISSUANCE BY THE CITY OF REVENUE BONDS THEREFOR ON BEHALF OF PADDOCK LABORATORIES, INC. AND BRUCE G. PADDOCK UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL THEREOF BE IT RESOLVED by the City Council of the city of New Hope, Minnesota (the "City"), as follows: 1. There has been presented to this Council a proposal by Paddock Laboratories, Inc., a Minnesota corporation (the "Company"), in connection with a project under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act") to consist generally of the acquisition, construction and equipping of an approximately 50,000 square foot manufacturing facility in the City (including ancillary facilities and site improvements in connection therewith, the "Project"), to be owned by Bruce G. Paddock, owner of. the Company (the "Owner"), or a partnership to be formed by the Owner (in either case, the "Borrower"), and to be used by the Lessee in its manufacturing business. The Project is to be located on a site to be situated approximately 400 feet east of the intersection of County Road 156 and Quebec Avenue North in the City. The B~orrower will enter into a revenue agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay when due the principal of and the interest on up to approximately $4,000,000 Industrial Development Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the Project~ and the City will pledge its interest in the revenue agreement to secure the bonds. 2. As required by the Act, this Council conducted a public hearing on Monday, June 8, 1992 on the proposal to undertake and finance the Project after Publication in the official newspaper and a newspaper of general circulation in the City of a notice setting forth the time and place of hearing; stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project~ stating that a draft copy of the proposed Application to the Minnesota'Department of Trade and Economic Development, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, in the City Hall, at all times between the hours of 8:00 A.M. to 4~30 P.M. each day except Saturdays, Sundays and legal holidays to and including the day of hearing; and stating that all parties who appear at the public hearing shall have an opportunity to express their views with respect to the proposal. 3. It is hereby found, determined and declared that the Project furthers the purposes set forth in the Act in that the purpose of the Project is and the effect thereof will be to promote, attract encourage and develop.economically sound industry and commerce through governmental action for the purpose of preventing the emergence of blighted and marginal lands and areas of chronic unemployment. 4. The Borrower has entered into preliminary discussions with Norwest Bank Minnesota, National Association, as placement agent, and the placement agent has reported preliminarily that the Project and the sale of bonds therefor are feasible. 5. The Borrower has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Minnesota Department of Trade and Economic Development and whether or not the Project is carried to completion. 6. The Project is'hereby given preliminary approval by the City subject to approval of the Project by the Minnesota Department of Trade and Economic Development and subject to final approval by this Council and by the placement agent as to the ultimate details of the Project and as to the terms of the bonds. 7. In accordance with the requirements of the Act, the Mayor, the City Manager, the City Clerk, and such other officers and representatives of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Minnesota Department of Trade and Economic Development and request its approval thereof, and the Mayor, the City Manager, the city Clerk, and other officers, employees an~agents of the City are hereby authorized to provide the Department with such preliminary information as it may require. The Borrower, Faegre & Benson, as bond counsel, the City Manager, the City Attorney, and other city officials are also agreement and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Department and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 8. The Borrower is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the carrying out of the Project by any means available to it and in the manner it determines, without advertisement for bids as may be required for the acquisition or construction of municipal facilities, but the City shall not be liable on any such contracts. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of June, 1992. //Mayor City Clerk ~ Mr. Shelley stated if customers appear underage, they will be carded, and if proper identification is not provided, they will not be sold liquor. Councilmember Otten noted that it is nice to see New Hope residents as business owners. Mr. Shelley thanked the Council. CLOSE HEARING Motion was' made by Councilmember Enck, seconded by Councilmember Otten, to close the public heaping regarding the off-sale liquor license for O and G Enterprises (Winnetka Liquors) of New Hope, Inc. All present voted in favor. Motion carried. Mr. Donahue reported that there are a few informational items yet to be submitted by the applicant. HOTION Motion was made by Councilmember Otten, seconded by Councilmember Williamson, to approve an off-sale liquor license for Winnetka Liquors conditional upon submission of all necessary documents. All present voted in favor. Motion carried. PUBLIC HEARING Mayor Erickson introduced for discussion Item 7.2, Order Item 7.2 Declaring Repair or Removal of Hazardous Building, Electronic Industries, 7516 42nd Avenue North (~474). Mr. Donahue explained that the public hearing is required under state law and this involves a condemnation of the building (not property acquisition) in that it is unfit for its original purpose. Staff is recommending that the public hearing be tabled until June 22 to allow the Council to hold an executive session to discuss a possible settlement. There was no one present in the audiences wishing to discuss the item. MOTION Motion was made by Councilmember Williamson, seconded by Item 7.2 Councilmember Enck, to table the public hearing until June ~'~i 22, 1992. All present voted in favor. Motion carried. Mayor Erickson introduced for discussion Item 7.3, Proposal for Undertaking and Financing by the City of an Industrial Development Project and the Issuance of Revenue Bonds Therefore on Behalf of Paddock Laboratories, Inc. and Bruce G. Paddock (#497). He stated Bruce Paddock is seeking bonding authority in the amount of $4,000,000 to rebuild what is known as the old Minnegasco site at 40th and Quebec Avenue North to relocate Paddock Laboratories on that site. Mr. Donahue explained that construction would begin in the spring of New Hope City Council Page 3 June 8, 1992 1993. If the City is to issue industrial revenue bonds it~ must hold a public hearing. If consent is given by the City Council to proceed, then the petitioner can begin marketing those bonds and putting together the bond issue. The City's liabilitY is minimal in terms of backing of the ~-~ industrial revenue bonds. The bonds are backed by the revenues of the project, not the City. Paddock Laboratories would guarantee the bonds so the city's liability is negligible in terms of the bonds; however, the City must agree to put its name on the industrial revenue bonds before they can be sold. Mr. Donahue advised the Council that it may decline if it feels it is not a good project for the City. Mr. Donahue continued bystating that Paddock Laboratories has given the City notice that it will be obtaining a letter of Credit from Norwest Bank for the purchase of the bonds. He stated since this is a private placement, the bonds will not be out in the market place. He indicated that since Norwest is committing to that purchase, they are requesting that their own advisors act as bond counsel. The bond issue is for a project yet to be defined. He explained that this differs from the City's normal procedure and the City would have to rely on the good faith by Mr. Paddock and Paddock Laboratories' that a project will be built in the future. Mayor Erickson questioned the City's recourse if the project never proceeds. Mr. Donahue stated because the City is not putting up its own equity or backing the bonds, there is no loss other than the City's reputation since its name is on the bonds. He commented that if Norwest Bank is serious enough to pre-purchase the bonds, they must feel there is sufficient guarantee of a project, and Norwest Bank is at risk. Mayor Erickson inquired whether the project proceeds if there would be a catastroPhic event. Mayor Erickson commented regarding the bond counsel and stressed the importance of the City being advised by its own bond counsel at the petitioner's expense. Mr. Donahue recommended allowing the Faegre and Benson to act as bond counsel for Paddock Laboratories and to appoint Jerry Gilligan of Dorsey Whitney as the City's bond counsel. Mr. Gilligan would not act in a formal capacity as bond counsel but would review all documents and advise the City appropriately regarding legal issues. He commented that Mr. Paddock has agreed to finance this obligati'on at an approximate amount of $2,000. New Hope City Council Page 4 June 8, 1992 Councilmember Enck expressed concern with approving a bond package prior to presentation of an actual project. Mr. Donahue stated the City may wish to ask Norwest of the agreements and guarantees regarding the project. He commented that Mr. Paddock could not change his mind later and only build warehouses unless the bonds were paid off. Councilmember L'Herault made reference to the application submitted to the State by Mr. Paddock in which he indicated 60 existing jobs and 20 new jobs. He commented that if Mr. Paddock built warehouses rather than the proposed facility there would not be 20 new jobs created. He asked whether the funding would still be available. Mr. Donahue stated the allocations are based upon Mr. Paddock's promises. He stated once the project is authorized, some control is lost. Mayor Erickson inquired why the City is being asked to approve the bonds issue now rather than after approving a formal plan. Mr. Donahue apologized for not explaining this earlier in the discussion. He stated the federal legislation allowing industrial revenue bonding is sunsetting as of June 30, 1992. He explained that the reason Paddock Laboratories is anxious to speed up the process is that there is surplus funding and they have qualified for $4,000,000 of bonding contingent upon City approval. The bond issue must be sold prior to June 30, 1992. Mr. Bruce Paddock, President of Paddock Laboratories, was recognized. He stated under normal circumstances they would present a defined project with blueprints, etc. He pointed out that in one sense it is a defined project because he is committed to it. He explained the proposed project includes construction of a 50,000 square foot manufacturing/packaging/general offices and Paddock Laboratories would move from 3101 Louisiana to the new building site. He announced that he has already invested $515,000 for the 7.5 acre parcel of property and a $40,000 fee for the Industrial Development Bond application. He assureds the Council that he is committed to the project. Councilmember Otten inqui'red of the project status should an unforeseen circumstance arise. Mr. Paddock stated if a catastrophic event occurred (i.e. his death), the business is in place to continue. He stated he has a general manager and has eight department managers and the business could continue, although there may be lack of direction. New Hope City Council Page 5 June 8, 1992 He further speculated that upon his death, the trusteeso~tk his estate would be instructed to sell the business. He\ commented that over the years he has had a number of offers to purchase his company made by recognizable ~-~ pharmaceutical companies. Councilmember Enck reiterated his concern for the project not becoming another warehouse. He explained that the Council would like a commitment before allowing the City's name on the bonds. He also questioned Mr. Paddock's plans for landscaping on the site. Mr. Paddock reported that the primary criteria of the bond allocation is that a manufacturing plant must be built. He commented that in case of financial failure, there is very little liability for the City since Norwest Bank is issuing the letter of credit for $4,000,000. Mr. Paddock stated in the past he has been before the Council on several occasions to obtain approval for building additions to the current plant. He stated the building is maintained well and they have been good citizens of'the community. The company is growing and expanding. He stated he has'every intention to not only build a bigger building but a better building. The building will not only be functional but will also be a high profile building which will project the company image. He gave verbal assurances that he has every intention of constructing a building that the City of New Hope will be proud of. Mayor Erickson attested to the fact that the Paddock Laboratories building is attractive and well-maintained. He also conveyed that they have been a great corporate neighbor and he has confidence that the Council's concerns will be met. Mayor Erickson expressed his delight that Paddock Laboratories is remaining in New Hope. Mr. Paddock indicated that the forthcoming plans will be subject to scrutiny by ~the Planning Commission, City Council, and staff. He expressed his willingness to work with the City for mutual benefit and welcomes input from the commissions. Councilmember Williamson asked whether Mr. Paddock plans to increase the number of employees. Mr. Paddock replied that 60 persons are currently employed and based on the projected growth of the business, employment may be increased by 20 employees. He shared his long-term plans and indicated over the next five years the number of employees may reach 120. He explained that they may have to retain the current manufacturing site because they hold a number of new drug New Hope City Council Page 6 June B, 1992 approvals. The Food and Drug AdminiStration is requiring any new building site to be validated according to the drug approval. He suspects that the vast majority of the business will be moved into the new building but they will have to continue to manufacture three or four items previously approved in the old building until the new site is approved. Councilmember Enck inquired whether Mr. Paddock has any plans to expand the new facility in the future. Mr. Paddock replied that he hopes to build a second phase to the initial new building perhaps as early as five years. Councilmember L'Herault inquired regarding the state contract and if all parties would be protected. Mr. Dick Helde, Faegre & Benson, was recognized. Mr. Helde stated the legal documentation Which will be signed at the bond closing will strictly require that proceeds of the bond issue would be used only to construct a facility for manufacturing and production. He stated it is carefully defined and is the only legal purpose for which the bonds can be issued. Mayor Erickson encouraged Mr. Paddock to become involved in the City's crime protection and DARE programs. Mr. Paddock stated he would be pleased to have staff share information with him. CLOSE HEARING Motion was made by Councilmember L'Herault, seconded by Councilmember Enck, to close the public hearing regarding the issuance of revenue bonds on behalf of Paddock Laboratories. All present voted in favor. Motion carried. Mayor Erickson requested confirmation that the City's bond counsel expenses would be paid by Paddock Laboratories. Mr. Paddock indicated that they would be willing to bear the expenses and that he understands that since it is only for review purposes the expenses will be approximately $2,000. Mr. Donahue recommended waiving the IRB application fee and security deposit which covers staff time since Paddock Laboratories is retaining its own bond counsel. It was the consensus of the Council to waive the application fee and security deposit. RESOLUTXON 92-104 Councilmember Otten introduced the following resolution Item 7.3 and moved its adoption: "RESOLUTION GIVING PRELIMINARY New Hope City Council Page 7 June 8, 1992 APPROVAL TO A PROPOSED ZNDUSTRZAL DEVELOPMENT PROJECT AND THE ISSUANCE BY THE CITY OF REVENUE BONDS THEREFOR ON., BEHALF OF PADDOCK LABORATORIES, INC. AND BRUCE G. PADDOCK UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL THEREOFu. The motion for the adoption of the foregoing resolution was seconded by Councilmember L'Herault, and upon vote being taken thereon; the following voted in favor thereof: Erickson, Enck, L'Herault, Otten, Williamson; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. PLAN#ING CASE Mayor Erickson introduced for discussion Item 8.1, 92-13 Planning Case 92-13, Request for Site/Building Item 8.1 Review/Approval to Allow Warehouse Addition, 9000 Science Center Drive (PID #06-118-21 34 0011), West Pac/D.O. Kranz, Inc., Petitioner. Mr. Kirk McDonald, Management Assistant/Community Development , Coordinator, stated the petitioner is proposing to construct an 18,700 square foot warehouse addition at West Pac, a food products printing and packaging manufacturer. The addition would be at the northwest corner of the existing building and would bring the total building size to 73,556 square feet. He stated the setback requirements are met and no variances or conditional use permits are necessary. Mr. McDonald stated the plans include a number of site improvements including new parking areas, 8-foot high wood screen for existing compactor, additional lighting, removal of gravel drive to International Parkway, and additional landscaping. The exterior of the addition will be break-off concrete block that matches the existing building. A portion of the additio~ will be 15 feet taller than the existing building to provide interior high storage racks. The Planning Commission reviewed this case on June 2, 1992, and recommended approval. Mayor Erickson asked whether staff contacted the Pollution Control Agency regarding, this operation. - ~ Mr. McDonald stated the PCA indicated no further permits were necessary for West Pac. Mr. Jerry Finch, Operational Vice President of West Pac, was recognized. He stated West Pac purchased the building three years ago and presently is working 7-days per week and has. maximized the square-footage of the production facility. He stated the company prints package materials New Hope City Council Page 8 June 8, 1992 CITY OFNEW HOPE PLANNING CASE REPORT Planning Case: 93-16 Request: Request for Conditional Use Permit to Allow Outdoor Dining at New Hope City Center Location: 4203-4239 Winnetka Avenue North PID No: 18-118-21-11-0016 Zoning: B-4 (Community Business) Petitioner: New Hope/U.S.Swim Partnership Report Date: May 28, 1993 Meeting Date: June 1, 1993 BACKGROUND 1. The petitioner is requesting a Conditional Use Permit to allow outdoor dining, pursuant to Sections 4.125(8) and 4.135(1) of the New Hope Code. 2. Taco Johns was granted a conditional use permit under Planning Case 91-01 to allow a convenience food establishment at City Center. 3. Taco Johns/Subway is requesting permission to build an outdoor dining area to accommodate 5 tables in front of the business. 4. The City amended the Zoning Code to allow outdoor restaurant seating in 1991, and this is the third application received for outdoor dining from a New Hope business (Winnetka Commons Shopping Center received CUP approval for an outdoor facility in 1992 and Sunshine Factory received approval in April of 1993). Outdoor dining is considered as a conditional accessory use and is permitted with specific conditions, as identified in the ordinance. 5. The property is located at New Hope City Center in a B-4 Community Business Zoning District and is surrounded by B-4 commercial property, with McDonald's restaurant located to the east, K-Mart located to the west, Winnetka Shopping Center located to the north, and Gethsemane Cemetery to the south across Rockford Road. 6. The petitioner indicates on the application that the request should be granted because outdoor dining would add to the character of the shopping center and would allow patrons to have lunch outdoors for several months during the year. 7. The site was zoned "Commercial" in 1956; rezoned to "Retail Business" in 1960; and rezoned/ reclassified as B-4 Community Business District in 1979. 8. The topography of the site is flat. 9. Property owners within 350' of the request have been notified and staff has received no comments in regards to the request. Planning Case Report 93-16 June 1, 1993 Page -2- ANALYSIS 1. The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional us is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. 2. The City Code states that outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, is allowed by Conditional Use Permit subject to the following conditions: A. The applicant be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. B. Access to the dining area be provided only via the principal building if the dining area is a full-service restaurant, including table waiting service. C. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. D. The dining area is screened from view from adjacent residential uses in accordance with Section 4.033(3)(b) of the Code. E. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(5) of the Code. F. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1. Outdoor dining area shall be segregated from through-pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council 2. Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3. Overstory canopy of trees, umbrellas, or other structures extending into the pedestrian clean passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. G. The dining area is surface with concrete, bituminous, or decorative paver to provide a clean, attractive, and functional surface. H. A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining area. I. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this' section. However, any immovable or permanently fixed or attached furniture must be approved as part of the site plan application provided for by Section 4.125(8)(a) of the Code. J. No outside bar or cooking facility shall be established, only walt stations shall be allowed. Planning Case Report 93-16 June 1, 1993 Page -3- K. Additional off-street parking shall be required pursuant to the requirements set forth in Section 4.036 of the Code based on the additional seating area provided by the outdoor dining area. L. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. M. The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. N. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: 1. Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure safety of persons/property. 2. Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in Section 4.033(1) of the Code. 3. The submitted plans for a rooftop dining facility, as well as the building upon which the proposed outdoor dining is to occur, are subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons and equipment. 3. Other general criteria to be considered when determining whether to approve of deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: In Business District (B-l, B-2, B-3, B-4): 1. Traffic. The proposed use will not cause traffic hazards or congestion. 2. Nearby Residences. Adjacent residentially-zoned land will not be adversely affected because of traffic generation, noise, glare, or other nuisance unsightliness. 4. The proposed outdoor dining area would be located in front (east) of the establishment in an existing green landscaped area on the existing concrete sidewalk, on the inside corner of the center where the sidewalk has a greater width than the perimeter sidewalk. The dining area would be 5-sided and contain 231 square feet for dining on the interior and be surrounded by 289 square feet of landscaped area around the perimeter. The existing restaurant contains 779 square feet so the proposed 231 square foot dining area (excluding landscaping) meets the 30 % requirement of the Code (30% x 779 = 234 square feet allowed). 5. Entrance to the dining area would be at one point on the west side. The floor of the dining area would be colored patterned concrete to match the existing brick in the Mall. The dining area would provide two 4-person tables and three 2-person tables for a total of 14 seats. The tables and seats would be concrete (see attached details). Planning Case 93-16 June 1, 1993 Page -4- 6. The perimeter landscaping would consist of a berm covered with landscape fabric, bark mulch and plantings. The plantings would consist of 23 yellow Potentilla (18" pot) and 18 Densiformis Yew (18" and 24" pots), for a total of 41 plantings. 7. There are 489 parking stalls existing on the shopping center site, which meet the Zoning Code parking requirements. If this was a free-standing site an additional 15 parking spaces would be required, however the shopping center was approved under a Planned Unit Development (PUD) concept, which allows for flexibility and takes into account peak periods of use at various times in the day and during the week by different merchants. In other words, the parking standards were defined for the center and take into account a variety of merchant uses (no additional parking was required for the outdoor dining at Winnetka Commons). 8. No additional lighting is proposed to be incorporated into the landscaped dining area. 9. The plan provides 36" internal aisle widths, as required by Code. 10. All furniture and trash receptacles will remain on the side year around, as the elements are concrete and their weight is substantial. 11. No outside bar or wait station will be utilized in the outdoor area. 12. Refuse containers will be constructed of concrete (see detail). 13. Subway/Taco Johns will be responsible for the maintenance and cleaning of the outside dining area and have submitted a letter stating such. 14. The outside tables will have colored umbrellas and the petitioner understands no signage is allowed. 15. Hours of operation are proposed as follows: Subway Monday - Saturday 10:30 a.m. to 2:00 a.m. Sunday 10:30 a.m. to 1:00 a.m. Taco Johns Sunday - Thursday 10:30 a.m. to 12:00 midnight Friday & Saturday 10:30 a.m. to 2:00 a.m. 16. The Design & Review Committee met with the petitioner on May 13th and discussed landscaping, percentage of total customer floor area, furniture type, advertising on umbrellas, lighting, trash enclosures, and maintenance. Revised plans were submitted as a result of the meeting and staff finds that the petitioner has done a good job of addressing the issues. RECOMMENDATION Staff recommends approval of the request for a Conditional Use Permit for an outdoor dining facility at City Center for Taco Johns/Subway, subject to the following conditions: 1. Umbrellas at dining tables shall not include advertising. 2. Annual review by staff. Attachments: Zoning/Section/Topo Maps Site Plan Outdoor Dining Site Plans Berm Detail Petitioner Letter Building Elevations Furniture Detail Trash Receptacle Detail R.4 CIVIC C~NTER CITY Irl~o I,I~L ~ ~IM$ SWIMMING PA.K GE'T~SEM&NE CEM~TKRY I-1 NATIVITY CEilETENY klO~ | I : NO~THWO00 I II'ANK I : 1 .~~ ~ i_=.:-2 C CIR 41~TH AY[,HIGHSCHOOLI I,lt~. 4.~?l~L~v. 4m~l - - k, iC,,,h... !~ IZ;;'.';:I 47 AV AVl' N = NEW HO~E OIL ~.4~I i~ ELEMETA~Y '~"~1=1~' I',r 45 ~, AVE AVE. CIVIC I d:. HALL 4u7 ~ ~ .. , '. : 907.6 913.6 I--"- o z o ,¢ US Swim & Fitness VACANT _ Blockbuster Video VACANT ~ Chiropracto Subway VACANT ~ PROPOSED TACO JOHN'S Plan Case 91-1 VACANT Cost Cu.:ers Satin S~yle ~ ~sw ~OPE ~ T~SANT ROSTER Applebees A I""¢FEAL c'-.~___E~%!OM ~ I~1'-o~ May 20, l cj~3 Nev~ Hol3e Planning Commission City of NeW HOl3e Ne~¢ Hol~e, Mn. 55428 Re: Outdoor Seatincj t Subway/Taco Johns Location 4217/4219 ~/Innetka Ave. N. Pursuant to the request belncj submitted on our behalf by Hr. Sill Rust, ! will address the following five(S) Issues that pertain to this request. 1, ~ubway/Taco Johns will be responsible for the maintenance and cleaning of the outside seating are~ 2, We understand that the umbrella's on the tables outside art to be of color, but can not have any signs upon them, 3. We understand that it Is our responsibility to dump the containers and keep trash picked up. 4. The tables and chairs that are to placed in the outside seatlncj area will remain there year round. 5. The hours of operation for the above mentioned restaurant~ as follows. Subway; Hon - Sat. 10:30 AH to 2;00 AN Sunday 10:30 AH to 1:00 AN Taco Johns: Sun - Thu, 10;30 AH to 12:00 Hldnight Frl - Sat. 10:30 AH to 2:00 AN ! trust that this information is adequate for your revlewal and decision In this matter, Operations Manager Diamond Gus Enterprises, ];nc. d/b/a Subw&y/Taco Johns C]iIItl)PR~CTiC [J~LU[ [JlU.J~ THflI! I SIUR[ Petersen Concrete Leisure Products RTX (All-Concrem) Width Weight 1,675 lbs. OTR-2 (All-Conc~e) (All Concrete) Height 29" Width 66" Length 66' Weight 950 lbs. Shown in Dura Brita and Sand 'ran Height 29' C Width Weigl~ 640 lbs. RT-M-6 RT-M.-8 .~' ~.. (Mesh ~eats and Tops) RT-W Height 29" Length g4" :'~ L~a~ · (Wood Seats and Top) Width 5g" Weight 620 lbs." ..' , Weight '[~l Width fi6" 26' Shown in Dura Bffie Shown in P~m'm Stone & Sand Tan Length 6' g' Weight 510 lbs. 5~0 lbs, and qualty... Made of strong, durable reinforced concrete to deter vandalism! Height 29" ~ Concrete Picnic Tables have exposed aggregate ~ ~_.~ ..... . wid~ 58" legs and smooth concrete tops and seats. Assembly ~.-~ Weight 890 lbs. bolts are concealed for added beauty. ~;3' ,.:. '---~ -: ;' <' - Table legs available in lite sandblast, Dura Brite, ur He~g,~ 29" Length 84" and Perma stone aggregates or white marble chips. (^n Concrete) Width 58" Weight 2000 lbs. Tops and seats available in lite brown, dove gray, Shown in Handicap Style. Shown in Cite Brown sand tan, marbleize and snow white color dyes. Color dye is throughout the concrete seats and ~ Most models available Cu~to J~ tops and coated with a protective sealer to enhance with game inserts. ig its beauty. (Available with coupling to receive . Des ns umbrella) Available ,8C°neretelegsare reinf°rcedwitha d°uble welded"cage. ~vO~tlamb~de ;llM s ~:~:,,~ ! ! ': '" OTS Model Top Shown TC - SC - 30 Height 36' ~ Width 26' Leng~ 29" Offering a Weight 740 lbs. TC - SC - C - 30 wtde variety Height(SnuffcrinTop'36~ ~_ of attract'ye, Length 29" W~i~l 740 ib~. _- exposed...... ~elff ~.~,/~,,~/} ~r~.~ ~/.~ Height 36' ~ co ta ¢r$ "wei ht H~ight 30~ ~ TC - SC - D - 30 ~ei~2~. Functional designs in waste containers that beaut~ any surround- ings. ~ Hea~, reinforced all concrete bases in a TO-SF-22 varie~ of colors and tex- ~- SF- ~ ' Height 36" tures to accommodate Width 22" Height ~ H~t 30~ L ::~ wi~ :6~ wi~ ~. ~ ~ :z' your_~.~._sneci~ca~ons. ~ng~ ~ W/~ ~[ conc~te do~. ~n~ 26~ '~' Weight 650 lbs. W~t ~1~. Con.re ~ Wei~t 720 lbs. ~ ':: ~s~ow~ metal,T°ps arefiberglass,availablespunin Custom gos available, aluminum andconcrete. TCS Model B TCR - ~ TCR - MP - 30 Model A TCRF- 22 TCRF - ~ Height 33" Height 43" Diameter 21' Height 45' Height Diameter 24" Width 26" Diameter PA" Weight 450 lbs. Fiberglass Top Length 29' Metal Top Weight 450 lba. Spun Aluminum Pitch - in Weight 740 lbs. Rubbexmaid Top Top crhis model comes in two pans) TCR - CL TCR- PD TCRCA TCR - MD - 30~. Height 35' : Diameter 29 /2" Height ,M" Height 32I Halght43" Weight 740 lbs. Diameter 24 Is" ! Diameter 26" Diameter 24' Shown with Metal Top Weight 695 lbs. Weight 695 lbs. Weight 450 lbs. Avail. w/Rubbermaid Top Plastic Dome Top Spun Aluminum Top Metal Dome CITY OFNEW HOpE MEMORANDUM DATE: May 25, 1993 TO: Planning Commission Members FROM: Kirk McDonald, Management Assistant/Community Development Coordinator SUBJECT: Miscellaneous Issues 1. May 10th City Council Meeting At the May 10th City Council meeting the Council unanimously approved the Planning Commission's recommendation regarding the reduction of the I-! green area requirement from 35% to 20% and thanked the Commission for their work. An article will be appearing in the June City Report, which is distributed to New Hope businesses as well as residents, informing businesses located in the I-! Zoning District of the change. (For your information~ an article will also be included in the newsletter regarding Zoning Ordinance regulations on home occupations, per the Council's request, due to the fact that many residents do not appear to be aware of the difference between permitted and conditionally permitted home occupations.) 2. Fina Bond Released At the May 24th City Council meeting the Council approved the release of the letter of credit for Finaserve, Inc. 3535 Winnetka Avenue North, in the amount of $23,130.00, as all work has been completed and approved. See attached information. 3. Soil Borin_o Ouote for Salt Storage Buildin~ At the May 24th City Council meeting the Council approved a quote to obtain a soil boring at the preliminary proposed location of a salt storage building at the City's Public Works Garage. A preliminary plan has been developed to incorporate the newly acquired Custom Mold Outlot into the public works site. Staff want to confirm that existing ground conditions will support the building, otherwise the location of the building on the site will have to be changed. This matter will be submitted to the Planning Commission this summer and staff wants to confirm the exact building location prior to that submittal. 4. Brooklyn Park CUP and Plat of Suburban Corners For your information, enclosed is a notice the City received from Brooklyn Park regarding a conditional use permit for the construction of town houses and the preliminary plat of "Suburban Comers" east of Highway 169 on the frontage road between 62nd and 63rd Avenues. City staff is reviewing the proposal and has forwarded the notice on to New Hope residents located within the 350' notification boundary. Please let me know if you have any comments or concerns. 5. Champion Auto 2nd Annual GTO Show Champion Auto, who received a conditional permit approval for an outdoor auto show last year is proposing a similar event this year (see attached memo/letter). There were no problems encountered last year and staff intends to administratively approve the request. Let staff know of any comments or concerns you might have. Miscellaneous Issues June 1, 1993 Page -2- 6. Adult Entertainment Zoning Amendment Attached is an excerpt from the April issue of Zoning Bulletin regarding an adult entertainment zoning amendment that was adopted by the City of Jackson that was challenged. I thought you might be interested because their ordinance, like New Hope's, restricts adult entertainment businesses to areas zoned for industrial use. The court upheld their ordinance because it provided alternate areas, not economically desirable locations, for adult entertainment businesses. 7. Eean Companies Industrial Lot Combination For your information, Egan Companies has combined their existing property at 7100 27th Avenue North with an adjacent parcel they also own at 2700 Nevada Avenue North. The lot combination allows for possible future building expansion. 8. July Planning Commission Meeting, It appears that we may need to conduct a July Planning Commission meeting, as I believe a company called Metro Siding will be submitting a request for site/building plan review/ approval for a new building on the subdivided Post property on Bass Lake Road. We have enclosed a revised schedule for your review (if an application is made by June 11th, Design & Review would be held on June 17th, and Planning Commission meeting would be held on July 6th). Staff will notify the Chairman and Planning Commission members as soon as we have an application submitted. I COUNCIL REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager Consent 5-24-93 Kirk McDonald ~ Item No. By: Management Assistant By:~/ 6.13 MOTION APPROVING SOIL BORING QUOTE FOR SALT STORAGE BUILDING TO BRAUN INTERTREC ENGINEERING, INC. IN THE AMOUNT OF $800 Preliminary plans have been developed for the installation of a salt storage facility at the Public Works site. Staff is requesting to have a soil boring completed to insure that the existing ground conditions will support the building, otherwise the location of the building will have to be changed. Staff desires to confirm the building location prior to submittal to the Planning Commission. The City Engineer has obtained two quot~s for the soil boring, as follows: Firm Quote Braun Intertec Engineering, Inc. $ 800.00 American Engineering Testing $1,050.00 The City Engineer and staff recommend approval of a motion approving the low quote from Braun Intertec Engineering, Inc. in the amount of $800.00. MOTION BY SECOND BY TO: Review: Administration: Finance: Il l II RFA-O01 ~ Originating Department Approved for Agenda Agenda Section City Manager Consent ·5t2'4~93 Kirk McDonald /. ~] Item No. By:Management Assistant By: /f/ 6.8 RESOLUTION AUTHORIZING~rLEASE OF LETTER OF CREDIT, FINASERVE, INC. IN THE AMOUNT OF $23,13~OO, 3535 WINNETKA AVENUE NORTH The City has held a bond/letter of credit in the amount of $23,130.00 on the property located at 3535 Winnetka Avenue North, where a convenience store with gas station and car wash were constmcted/redeveloped by Finaserve, Inc. in conjunction with Pla~_ning Case 91-42. This amount was held to insure that specific improvements were made to the site, including installation of plantings, concrete curb, and driveway aprons. The Building Official inspected this property on May 12th for completion of all work covered by the bond and recommends release of the bond. The City Engineer concurs with this recommendation. The enclosed resolution authorizes the release of the Letter of Credit for Finaserve, Inc. Staff recommends approval of the resolution. MOTION BY SECOND BY ..... TO: FACILITIES/LANDSCAPING P. EQUIRED: Curbing ,~ Sod Trees Driveway Sidewalks Gradin$ Structures Ocher Describe: .... · ~~ ,dl~' aA l~,vo~k covered by ~e bond ye I ye c od vt~ ~e C~ g~neer on chis. I I OOS 8/91 ~ CITY OF NEW HOPE C~ONDITIONAL USE PERMIT SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by Finaserve, Inc., a Texas corporation (hereinfter "Developer") and the City of New Hope (hereinafter "City"), this /7r~ day of -~-~-.~ , 1992. WHEREAS, on March 9, 1992 and March 23, 1992, by Resolution Nos. 92-53 and 92-60, respectively, the City Council approved Developer's request for a Conditional Use Permit (hereinafTer "CUP") for certain real property locatea in the City of New Hope, County of Hennepin, State of Minnesota known as 3535 Winnetka Avenue North, legally described as: The East 175 feet of the North 175 feet of the Northeast Quarter (NE~) of the Northeast Quarter (NE~), Section Nineteen (19), Township 118, Range 21, according to the U.S. Government Survey thereof, Hennepin CounTy, MN, (hereinafter "Property") to be used as a Gasoline Service Station/Convenience Store, and WHEREAS, the City Council also approved Developer's site development plans for the Property as set forth in Planning Case 91-42 (hereinafter "P]ans"), and WHEREAS, said CUP was granted subject to the followin9 conditions: 1. Annual CUP inspection. 2. Development contract and bond to be provided to cover public improvements. 3. Developer to sand and/or salt public roadway if hazardous conditions develop in winter due to carwash operation. 4. Developer to provide right-of-way easements/dedications: 6 feet on Winnetka to County and 8 feet on 36th to City. 5. Developer to operate the car wash only between the hours of 6:00 a.m. and 12:00 p.m. midnight. 6. Developer to set at low volume all communication devices between pumps and store at all hours, and to limit to a minimum the use of said devices during the hours of 12:00 midnight and 6:00 a.m. '-'" II1'1 I"i .......... Iil] ...... IlIIIII I I"1111 IIIII II II 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. 2. THE WORK. The Work shall consist of the site improvements described in the Plans, including any amendments to the Plans which are approved by the City Council. The Work shall be performed by the Developer to the City's satisfaction in compliance with all applicable codes, ordinances, standards, and policies of the City. The Work includes all on-site exterior amenities shown on the Plans that are listed below. Quantity Item Estimated Cost 368 each Plantings per landscape plan · $15/each $5,520.00 240 lin. ft. Concrete curbing · $10/lin. ft. 2,400.00 3 each Driveway aprons a $2,500/ea 7,500.00 Subtotal $15,420.OO + 50% Security Increase 7,710.00 TOTAL: $23,130.00 The Developer unconditionally guarantees to the City ali 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. This guarantee shall continue whether or not all of the financial guarantee shall have been released by the City. 3. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on or before the 23rd day of March, 1993, except as this period of time is extended by resolution of the Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which the Work fs 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 2 COMMUNITY DEVELOPMENT aw~l.~ 5200 85th Ave. No., Brooklyn Park, MN 55443-4300. I Phone 612 4~4-8000 I Fax 612 493-839 t TDD 61~ 493-839~ JAMES F. WINK.ELS Director May 20, 1993 Mr. Kirk McDonald City of New Hope 4401 Xylon New Hope, MN 55428 Dear Mr. McDonald: The Brooklyn Park City Planning Commission will consider the request described below at its June 9, 1993, regularly scheduled public heating. Enclosed is a copy of the legal notice sent out to our residents. If you have any comments, they should be returned by June 2, 1993, so that your concerns can be included in the Staff Report. CASE NUMBER: Conditional Use Permit//1990-3469 Preliminary Plat//1990-4295 APPLICANT: P. Palanisami TYPE OF APPLICATION: Conditional Use Permit for ConstructiOn of Townhomes Preliminary Plat of "Suburban Comers" LOCATION: East of Highway 169 on Frontage Road between 62nd and 63rd Avenues North For further information regarding this case, please call 493-8051. Sincerely, Alan A. Kretman, AICP Senior Planner/Landscape Architect /jcs Enclosures NOTICE OF HEARING FOR REQUEST OF EXTENSION OF TIME FOR PROPOSED PLAT AND CONDITIONAL. USE PERMIT BY PLANNING COMMISSION city of Brooklyn Park TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN THAT THE Planning Commission of the City of Brooklyn Park will meet at the City Offices, 5200 85th Avenue North at 7:30 P.M., Wednesday, June 9, 1993, to consider a request for extension of time for a Conditional Use Permit and for the proposed platting of property to be known as "Suburban Corners" presently legally described as: That part of the Southwest Quarter of the Southwest Quarter, Section 31, Township 119, Range 21, Hennepin County, Minnesota, described as follows: Commencing at a point on the south line of the Southwest Quarter of said Section 31 distant 467.90 feet east from the southwest corner of said Southwest Quarter; thence north, at a right angle to said south line, a distance of 40.00 feet; thence westerly and northwesterly 381.76 feet along a curve which is tangential to the north line of the south 40.00 feet of said Southwest Quarter, concave to the northeast, and has a radius of 437.46 feet and a central angle of 50 degrees; thence northwesterly, tangent to said curve, a distance of 18.50 feet to a point hereinafter referred to as "Point A"; thence northwesterly along a tangential curve, concave to the northeast, having a radius of 532.96 feet to its intersection with the east line of the west 67.0'0 feet of said Southwest Quarter, said intersection being the point of beginning of the land to be described; thence southeasterly along the last described curve to said "Point A"; thence southeasterly, tangent to said curve, a distance of 18.50 feet; thence southeasterly along a tangential curve concave to the northeast, having a radius of 437.46 feet, to its intersection with a line drawn north, parallel with the west line of said Southwest Quarter, from a point on the south line of said Southwest Quarter, distant 240.00 feet east from the southwest corner of the Southwest Quarter; thence south along said parallel line to the north line of the south 33.00 feet of said Southwest Quarter; thence west along said north line a distance of 56.62 feet; thence westerly and northwesterly along a tangential curve concave to the northeast, having a radius of 134.21 feet, to the east line of the west 67.00 feet of said Southwest Quarter; thence north along said east line to the point of beginning. Ail that part of the Southwest Quarter of the Southwest Quarter of Section 31, Township 119, Range 21, described as follows: Commencing at a point in the east line of a road running north and south along the west line of said Southwest Quarter of the Southwest Quarter which point is 33 feet east of the west line of said Southwest Quarter of the Southwest Quarter and 747.3 feet from the south line of the said Southwest Quarter of the Southwest Quarter, thence east, parallel with the south line of the said Southwest Quarter of the Southwest Quarter, a distance of 207 feet, thence south, parallel with the west line of the said Southwest Quarter of the Southwest Quarter, a distance of 639.7 feet, more or less, to the northerly line of a road running westerly through the said Southwest Quarter of the Southwest Quarter, thence northwesterly along the northerly line of the said road; a distance of 400 feet, more or less, to the intersection with the east line of the north and south road, thence north along the east line of the north and south road a distance of 341.5 feet, more or less, to the point of beginning. The property is commonly located at Frontage Road, East of Highway 169 Between 62nd and 63rd Avenues. Said proposed plat has been submitted by P. Palanasami. Such persons as desire to be heard with reference to the proposal will be heard at this meeting. Michael J. Spahn, Chair BROOKLYN PARK PLANNING COMMISSION SUMMARY OF REQUEST - P. Palanasami is requesting an extension of time for the proposed platting of "Suburban Corners" at Frontage Road, east of Highway 169 and between 62nd and 63rd Avenues. The proposed plat would allow the creation of 16 townhome lots in the R-4A Zoning District. The applicant is also requesting a one-year extension to a Conditional Use Permit for the construction of townhomes in the proposed plat. Exhibits and further information can be reviewed at the Planning Division in the City Hall (493-8057). (Published in the Brooklyn Park Sun Post on May 26, 1993.) {P.C. #90-4296) "SUBURBAN CORNERS" PALANISAMI, P. Request for Extension of Time ~or Request for Extension of Time for CUP Preliminary Plat #1990-429~ at Frontage #1990-3469 for Construction of Town- Road. East of Highway 169 Between homes et Frontage Road, East of Highway 62nd/63rd Avenues for P. Palenesemi 169 Between 62nd/63rd Avenues North · , PARK LAKE ' '": M A G DA VICINITY MAP CHAMPION AUTO STORES, INC. Central Organization ~"' 5520 No~h Highway 169 New Hope, MN 55428-3698 Hay Il, 1993 (612) 535-5984 City of New Hope Doug Sandstad/Building Official ,~ HAY I2Fi J3 4401Xylon Ave. N. =: ' New Hope, MN 55428 Dear Mr. Sanstad: Per our phone conversation yesterday, we are planning on having a car show with the Land O Lakes GTO Club, on our corporate grounds 5520 North Highway 169, the same as we did last year. This show will be on Sunday August 1, 1993 from 8:00am to 5:00pm. The format and design of the show we did in 1992 will be almost duplicated for the show this year. Our plans are as follows: 1. Set-up will be Saturday, which will mean erecting a snow fence around the area, putting out trash containers, 8 Portable toilets, and all necessary electrical devices and signs as needed for Sunday morning. 2. Show cars and workers will start arriving at 6:00am to receive all their necessary materials, and set-up. 3. Land 0 Lakes show officials will be working with the city of New Hope to arrange for police to be on hand as needed. 4. A minimum of 10 traffic volunteers will be on duty to make sure that the streets are not blocked or incorrectly used. 5.Vendors will be licensed as required for food and beverage handling and sales. 6. Ail clean up of the area will be completed by 0:00pm on the day Of the show. Last year their were approximately 3,500 spectators, 217 show cars, and 30 vendors. As I stated in our phone conversation, last year we were granted a conditional use.permit and we would like to get a permit such as this for this show and future years if we desire to hold this same show. Thank You for your cooperation, I am looking forward to your comments. If you have any questions please don't hesitate to call me. Sincerely, ~ike ~aton/~dministrative ~anaser Champion ~uto Stores. Inc. TO: KIRK McDONALD /3~ FROM: DOUG SANDSTAD . DATE: MAY 12, 1993 / SUB3ECT: CHAMPION AUTO SUMMER GTO'CAR SHOW PROPOSAL. I received the attached letter of request, today, from Mike Eaton at Champion Auto. Since we approved a CUP for this event on an annual basis in Plan Case 92-05, I expect that the only process needed, here, is an administrative one. I can advise him of the checklist we need to see documentation for: *Evidence of insurance submitted 30 days before event *Hold Harmless Agreement to indemnify the City of New Hope *1 Police officer on site at Champions cost *2 Police Reserves on duty *Minimum of 10 trained traffic volunteers *"No Parking" signs posted as last year *Traffic cones installed *License approval by sanitarian for food/beverage handlinR *Tent permit issued by Fire Marshal *8 portable toilets on Champion property *Duration of event is one day, Sunday, August 1, 1993. No roadway obstructions are allowed prior or after the day of the event. *All cleanup to be completed, on evening of event day. No problems were reported after the inaugural show in 1992. Please advise me, if you have any concerns to add, or prefer a different approach. C~TY OF NEW'HOPE PLANNING COMMISSION CASF] ~992 NO. PETITIONER/ADDRESS REOUEST ZONE p.C.ACTION C.C.ACTION COND.OF APPROVAL 92-05 Champion Auto Stores CUP-temp.use for I-1 A 3-4-92 A 3-9-92 Sub.evid.of ins. 30 5520 North Highway 169 outdoor auto show Res.92-52 days prior to event, City held harmless/1 poi.off,2 poi.res.on duty/minimum of 10 traff.volunteers on duty/traff.cones & "NO PKG# signs/Tent permits/Sanitarian approve food/bev. handling, lic./8 portable toilets on site/All cleanup by 6:00 p.m. on show day/city to review and reconsider · Zoning Bulletin VOLUME 41, NUMBER 4A . APRIL 15, 1993 in this issue: · Spot Zoning - Mistake in Zoning Map .......................... page 2 · Reverse Condemnation - Offshore Development Restrictions Unconstitutional .............................................. page 3 · Special Use Permit - Accessory Dwelling on Farm Land ....................................................................................... page 3 · Rezoning of Wetlands - Illegal Taking Alleged - New Zoning Ordinance Constitutional ............................. page 4 · Rezoning -- No Unconstitutional Taking -- Claims Not Yet Ripe ........................................................................ page 5 · Historic Property - State Goals - Implementation in Local Regulations ................................................................ page 6 · Agricultural Easement -- Neighbors Must Have Notice page 6 - · License Created by Agreement May Be Revoked at Will ........................................................................................ page 7 · Residential Uses - Law Office - "Home Occupation" Use ................................................................. page 7 · Adult Entertainment -- New Zoning Amendment Upheld -- Secondary Effects Considered and Alternative Locations Provided .......................................... page 8 in future issues: VARIANCE -- When can a variance be granted to a property owner? SIGNS - A county enacts an ordinance limiting the number of political signs landowners are allowed to display. ORDINANCE -- When can a zoning ordinance be proved legally invalid? Publisher: E. Michael Ouinlan, Esq. Managing Editor: Bernadette C. Murphy Associate Editor: Sheila Sandapen Assistant Editor: Kirsti MacPherson Contributors: Jenny W. Hedderman, Robert T. Morrison, Theresa Finn Mat~'ial p~otacted by the publisher's col3yr~Jht and may be copied only with its prior permission The publisher is not engaged in rande~'ing tagal or other professional advice, and assumes no responsibility for the statements and opinions advanced by any of its writers or contributing editors. The information herein is subject to change without notice, and is not intended tO be. nor should it be considered, a substitute for legal or other professional advice rendered by a competent atlorney or other professidnal. If legal service or other expert assistance is required, the advice of a competent a[torney Or other professional should be sought This t~ullet~n is available on microfilm ~'om University Microfilms International/Ann Arbor. MI 23 Drydock Ave., Boston, MA 02210-2387 Copyright © 1993 Page 8 - April 15, 1993 Z.B. ordinance allowed "home occupation" uses in residential areas - uses which are "clearly incidental and secondary to the use of the dwelling for dwelling purposes." The city building commissioner issued an order that Criscione was violating zoning. Criscione appealed to the zoning board, which affirmed the order. Criscione sued, and the trial court overturned the order. The city appealed. DECISION: Reversed. Criscione's use of the property does not qualify as a "home occupation" use. It cannot be considered incidental and secondary to its use for dwelling purposes if Criscione himself does not live there. Matter of Ellington Construction Corporation v. Zoning Board of Appeals of Incorporated Village of New Hempstead, 564 N.Y.S.2d 1001. Matter of Criscione v. Wallace, 535 N.Y.S.2d 238. Adult Entertainment - New Zoning Amendment Upheld - Secondary Effects Considered and Alternative Locations Provided MS Lakeland Lounge of Jackson, Inc. v. City of Jackson, 973 F.2d 1255 (1992) In January 1992, after reviewing information regarding the adverse secon- dary effects of adult businesses, the Jackson City Council approved an amend- ment to the zoning laws which restricted adult entertainment businesses to areas zoned for light industrial use. The ordinance further provided that an adult business could operate in the central business district with a use permit. The Lakeland Lounge of Jackson (Lakeland), which opened in January as a restaurant/lounge with topless dancing, got a beer license from the city and state and leased property in a general commercial zone. In February 1992, the Lakeland sued to have the new amendment declared unconstitutional and applied for an injunction to prohibit its enforcement. Although the trial court denied Lakeland's request for a temporary injunc- tion, it eventually declared the ordinance unconstitutional and prohibited its enforcement. The Lakeland Lounge then reopened its doors for business. The city appealed. DECISION: Reversed and sent back to the lower court. City officials properly considered the adverse secondary effects of adult businesses - crime, the negative impact on retail trade, and a decrease in prop- erty values - when deciding to limit their operation to certain zoning districts. Furthermore, the new zoning amendment was constitutional because the city provided alternative areas for the location of adult businesses, thereby upholding the First Amendment guarantee of free expression. The fact Jackson's new zoning areas are not commercially practical for adult entertainment bus- inesses is irrelevant. The zoning laws must provide alternative areas, not eco- nomically desirable locations, for adult entertainment businesses. City of Renton v. Playtime Theaters, 475 U.S. 41 (1986). TO: KIRK McDONALD DAN DONAHUE CHERYL JOENS FROM: DOUG SANDSTAD DATE: APRIL 21, 1993 SUBJECT: INDUSTRIAL LOT COMBINATION The property owner of 7100 27th Ave. No., Gerald Egan [The Egan Companies], has decided to combine his developed lot with the adjacent parcel he owns, addressed as 2700 Nev~a Ave. No. This responds to an internal problem resulting from Building Code defects in the unsprinklered building remodeled extensively without city approvals and permits over the last 10-15 years. One solution was to move the west property line further away from the building, since he already owned both lots. Since the costs of platting are very high, Me. Egan has elected to merely combine the two lots, as allowed by city code and Hennepin County. I have illustrated lot lines and building on the attachments. They actually began paving and using part of the vacant west lot several years ago, unofficially. This is now legal parking, with room for building expansion. Please call me, if you have any questions. Perhaps you were not aware that the building construction was connected to its distance from the lot lines. cc:Smith Crelly Coone file (20) $ ~ (~8) X 935.7 43 947.2 ×1 945.0 943 2 927.4 x ,53 927.6 ~ 9~, .~ 71~) 929.8 X 924. ? 4.9' X 917.4 0 ~o~r L ~ ~>~' ~ ~.~t.~'- , 9ce~'~r ;~OO [ ~ ('ENTER b,~X~ZL R ~(,~E~r ; , HRI~Ft.~N~,~N ~ [':~,,rH~ ', -. l;.~,,x TELEPHONE ~t~ :~:~ -Zt~I ~[.,~ E ~m,a~x '.~, ~., . Ditect Line: (612) 341-9T10 April 19, 199~ City of New Hope Building Official/Zoning Administrator 4401 Xylon Avenue North New Hope, Minnesota 55428 Attention Doug Sandstad RE: 7100 27th Avenue North/The Egan Companies Dear Mr. Sandstad: I represent The Egan Companies and spoke to you sometime ago about your letter to D. J. Kranz Co., Inc. dated February 11, 1993 and the need to combine the two lots (see II A). The two lots have been combined and will bear one property identification number on next year's tax statement. As evidence of said combination, I enclose a stamped copy of the Application for Combination of Parcels, the original of which was delivered to Mr. Dennis Hill of the Hennepin County Department of Property Tax and Public Records. I believe this combination should satisfy the requirements of II A. City of New Hope Page 2 April 19, 1993 If I can be of any further assistance, please call me. Yours very truly, RJC:dlm:7705N Enclosure cc: Mr. Edward J. Kocourek, The Egan Companies APPLICATION FOR COMBINATION OF PARCELS Pursuant to Minn. Stat. S 272.46, Subd. 2, Gerald L. Egan, fee owner of two contiguous separately described parcels situated in the City of New Hope, County of Hennepin, hereby applies to the County of Hennepin to combine the below described parcels into one parcel with one property identification number. Said parcels are described as follows: Parcel One Tract A, Registered Land Survey No. 1362, Files of Registrar of Titles, County of Hennepin. Property I.D. Number 20-118-21-34-0010 Parcel Two The East 282 Feet of the South 533 Feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 118, Range 21. Property I.D. Number 20-118-21-34-0001 Dated: ~ /9 , 1993. &. Gerald L. Egan THIS INSTRUMENT DRAFTED BY: Best & Flanagan (RJC) 3500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 339-7121 7.8N ~, ,. /,~/~/ , OEPU~ 1993 PLANNING COMMISSION SCHEDULE P.C. Public Council Public Design and Hearing Hearing Application Delivered to Review Revised Plan 7:00 p.m. 7:00 p.m. Submitted Paper-NOON 3:45 p.m. Published on Deadline January 5 January 11 December 11 December 17 December 17 December 23 December 28 February 2 February 8 January 8 January 14 January 14 January 20 January 25 March 2 March 8 February 5 February 11 February 11 February 17 February 22 April 6' April 12 March 12 March 18 March 18 March 24 March 29 May 4 May 10 April 9 April 15 April 15 April 21 April 26 June i June 14 May 7 May 13 May 13 May 19 May 24 July 6 ?? June 11 June 17 June 17 June 23 June 25 August 3 August 9 July 9 July 15 July 15 July 21 July 26 September 7 September 13 August 13 August 19 August 19 August 25 August 30 October 5 October 11 September 10 September 16 September 16 September 22 September 27 November 2 November 8 October 8 October 14 October 14 October 20 October 25 December 7 December 13 November 12 November 18 November 18 November 24 November 29 TYPE OF REQUEST BASIC ZONING FEE ZONING DEPOSIT A. CONDITIONAL USE PERMIT (minor residential) $75* None, or as required by Manager B. CONDITIONAL USE PERMIT (all others) $225* $225, or as required by Manager C. REZONING/TEXT AMENDMENT $250* $250, or as required by Manager D. VARIANCES (single family residential) $75* None, or as required by Manager E. VARIANCES (all others) $175' $175, or as required by Manager F. PLANNED UNIT DEVELOPMENT $500* $250, or as required by Manager G. SUBDIVISION AND PLATTING $225* As required by Manager H. SITE & BUILDING PLAN REVIEW $150 As required by Manager I. COMPREHENSIVE SIGN PLAN $40 ...................... *Published Notice Required