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010792 PlanningAGENDA PLANNING COMMISSION MEETING OF JANUARY CITY OF NEW HOPE, MINNESOTA 7:00 p,m. CALL TO ORDER 7, 1992 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 91-37 Request for Two Conditional Use Permits to Allow a Convenience Store with Gasoline and Outdoor Sales, A Rear Yard Setback Variance, and Site/Building Plan Review/Approval to Construct a New Service Station at 6144 West Broadway, Super America, Petitioner (to be tabled) 3.2 Case 91-42 Request for Site/Building Plan Review Approval, Conditional Use Permits, and Variance from Side Yard Setback Requirement to Allow Redevelop- 'ment of a Convenience Store with Gas Station and a Carwash, 3535 Winnetka Avenue North, Finn Daniels Broussard/Fina Serve, Inc., Petitioner (to be tabled) 3.3 Case 92-01 Request for Conditional Use Permit to Allow a Fast Food Restaurant in a B-4 District, 3546Winnetka Avenue North, Carab, Inc. (Subby's), Petitioner 3.4 Case 91-15 Request for Consideration of Ordinances Pertaining to Adult Use Zoning and Adult Use Licensing in New Hope 4. COMMITTEE REPORTS 4.1 4.2 Report of Design and Review Committee Report of Codes and Standards Committee 5. OLD BUSINESS 5.1 Miscellaneous Issues 6. NEW BUSINESS 6.1 6.2 6.3 Approval of Planning Commission Minutes of December 4, 1991 Review of City Council Executive Session Minutes of November 25, 1991, City Council Work Session of December 2, 1991, and City Council Minutes of November 25 and December 9, 1991 Review of EDA Minutes of November 25 and December 9, 1991 7. ELECTION OF OFFICERS 8. ANNOUNCEMENTS 9. ADJOURN1V~NT PC 91-42 3535 I~innetka (to be tabled) PLANNING CASES J~YUARY 1992 91-37 West Bdwy (to be tabled) (PC 91-15 Adult Enter. ) ZONING DISTRICT MAP CITY of NEW HOPE PC 92-01 3546 Winnetka Planning Case: 91-37 Request: Request CITY OF NEW HOPE PLANNING CASE REPORT for Two Conditional Use Permits to Allow a Convenience Store with Gasoline and Outdoor Sales, A Rear Yard Setback Variance, and Site/Building Plan Review/Approval to Construct a New Service Station Location: 6144 West Broadway PID No.: 05-118-21-21-0035 Zoning: B-3 (Auto-Oriented) Petitioner: Super America Group Report Date: January 3, 1992 Meeting Date: January 7, 1992 UPDATE 1. Since the December 4th Planning commission meeting, staff has outlined the following issues that need to be addressed in regards to this case: A. Staff to conduct survey - hours of operation at other stations in New Hope B. Research Woody's Planning Case -hours of operation and outdoor sales/storage C. Sales merchandise block windows? How high stacked? D. Closeness (distance) from new building to residential E. Addition of fencing on south side for sight and noise buffer F. S.A. to provide traffic data G. S.A. to meet with residents on concerns Staff has completed items A, B, and D. Super America is expected to address the other issues. 2. The Design and Review Committee requested that Super American attend the December 19th Design and Review meeting to discuss traffic data, discussion with surrounding residents, etc. however Super America was unable to attend the meeting. The Design & Review Committee and staff will be recommending that this case be tabled for one month (until February 4th) due to the fact that Super America was unable to attend the December Design & Review meeting to discuss the issues that were raised at the December Planning Commission meeting. 3. The petitioner has been so notified (see attached letter), as have surrounding property owners (see attached notice). 4. The City may be receiving comments on this case from the City of Brooklyn Park prior to the next meeting. 5. All data, including the staff survey and research correspondence received, and information received form Super America willbe presented at the February 4th Planning Commission meeting. The City has also notified the petitioners that a representative from Super America should be in attendance at the February 4, 1992, meeting. RECOlVIlVlE~A~ON The Design & Review Committed and staff recommend that the Super America request be tabled for one month until the February 4th Planning Commission meeting. 4401 Xylon Avenue North New Hope. Minneso~ 55428 Phone.'531-5100 FAX ,6~2 55' 5'--: December 30, 1991 Mr. Michael O'Donnell Super America Group, Inc. 1230 West 98th Street Bloomington, MN 55431 SUBJECT: Planning Case 91-37, Proposed Super America Store Location at 62nd Avenue North/West Broadway Avenue in New Hope Dear Mr. O'Donnell: It is my understanding that Doug Sandstad, New Hope Building official, has informed you by phone that the SuperAmerica planning case will be tabled at the January 7th Planning Commission meeting and I wanted to confirm that by letter. The Design and Review Committee will be recommending that the case be tabled for one month due to the fact that you were unable to attend the December 19th meeting of that committee to discuss issues that were raised at the December 4th Planning Commission meeting. In light of the fact that the request will be tabled and no discussion will take place, it is not necessary for you to be in attendance at the January 7th meeting. The City has notified surrounding property owners that the case will be tabled until the February 4th Planning Commission meeting. I have attached a short summary of issues that were raised at the December Planning Commission meeting and excerpts from the minutes regarding your application for your information. City staff has completed items $1, #2, and $4. The City is requesting that you attend ~he ~emuar~ 1Gth (at 3:45 p.m.) meeting to discuss the remaining issues: outdoor sales, additional screening, traffic data, and your meeting with surrounding residents. Super America's request would then proceed and be consi~ere~ again by the full Planning Conission on February 4th at 7:00 p.m. It is my understanding~hat a representative from Super America will also be in attendance with you at that meeting to address questions from the Commission and audience. Family Styled City ~ For Family Living 4. 5. 6. 7. SUPZR~C~ ~SSU~S Staff to conduct survey - hours of operation at other stations in New Hope Research Woody's Planning Case - hours of operation and outdoor sales/storage Sales merchandise block windows? How high stacked? Closeness (distance) from new building to residential Addition of fencing on south side for sight and noise buffer S.A. to provide traffic data S.A. to meet with residents on concerns 4401 Xyton Avenue North New Hope, Minnesota 55~28 Phone:531-5100 FAX ~'612~53r-5¢-4 December 30, 1991 NOTICE REGARDING PLANNING CASE 91-37, PROPOSED SUPER AMERICA STORE LOCATION AT 62ND AVENUE NORTH/WEST BROADWAY AVENUE, CITY OF NEW HOPE TO WHOM IT MAY CONCERN: Planning Case 91-37, proposed construction of a Super America Store at 62nd Avenue North and West Broadway Avenue in New Hope, which was originally presented at the December 4, 1991, New Hope Planning Commission meeting and continued until the January 7, 1992, Planning Commission meeting, will be tabled at the January meeting and oontinued until the February 4, 1992, Planning Commission meeting. No discussion on the case will take place in January, as the City is waiting for the petitioner to respond on several issues previously discussed. Discussion on the proposal will continue at the February 4, 1992, 7:00 p.m. Planning Commission meeting and you are invited to attend the meeting and express your opinion on the proposal at the time if you desire to do so. Please contact Kirk McDonald at the City of New Hope (531-5119) if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/jf Family Styled City ~ For Family Living Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: o o CITY OF NEW HOPE PLANNING CASE REPORT 91-42 Request for Site/Building Plan Review Approval, Conditional Use Permits, and Variance from Side Yard Setback Requirement to Allow Redevelopment of a Convenience Store with Gas Station and a Carwash 3535 Winnetka Avenue North 19-118-21-11-0001 B-3 (Auto-oriented Business) Finn Daniels Broussard/Fina Serve January 3, 1992 January 7, 1992 BACKGROUND The petitioner is requesting site/building plan review approval, conditional use permits to allow a convenience store with gasoline and a carwashi and a variance from the side yard setback requirement to allow redevelopment of the convenience store and gas station (Sections 4.124(2), 4.124(4), 4.034(3), 4.039A - New Hope Code of Ordinances). In September, 1991, the Planning Commission and City Council approved a request for an amendment to a conditional use permit to allow a convenience store with gasoline and interior remodeling and expansion of the retail sales area for Fina Mart at 36th and Winnetka Avenues. Fina Serve, owner of the Fina Mart, is now proposing to icompletely redevelop the site, raze the existing structure and construct a new building. Petitioner met with the Design & Review Committee on November 18th and a number of site plan revisions were discussed. Petitioner requested that the Commission table their request for one month to allow them sufficient time to obtain a traffic analysis, etc. and the case was tabled at the December Planning Commission meeting. Petitioner met with Design & Review again on December 17th with revised plans. The discussion focused on the number of curb cuts from the property on to Winnetka and 36th Avenues. There presently are 4 curb cuts and staff, Design & Review, the City Engineer, and Hennepin County all would like to see the number of curb cuts reduced. It is the City Attorney's opinion that, with the redevelopment of the to require the elimination of curb cuts. Staff presented concept plan for their consideration. Petitioner is requesting that the Commi~ion 'again table site, the City has the authority the petitioner with a revised the case for one month, until February 4th, so that site issues (curb cuts) can be resoh red. Property owners originally notified for the case have been~ent the enclosed notice stating that the case will be tabled until the February Planning Commission meeting. Planning Case Report 91-42 January 7, 1992 Page -2- RECOMMENDATION Staff recommends that Planning Case 91-42 be tabled for one month until the February 4th Planning Commission meeting. Attachments: Request to Table Fina Site Plan Staff Concept Plan Notice to Property Owners ~ 612-6~1-01~9 FINN-D~tH&~-B~. 90? P01 J~N 82 ~92 FINNIDANIEL,S BROUSSARD 2324 UNIVERSiI'V AVENUE 5UIl1~ 109 b"L PAUL, ~ $6114 612.641-1339 Project #: ~1 ~,+~ Fax Transmittal Sheet oral pages including cover sheet:., lease notify us immediately at (612)641-1339 ff enclosures are not as oted. WlNN~'TKA AV~N!J~ × / -I FINAMAR? ~ ~ fvl',l'~SOTA FINA REDEVELOPMENT 4401 Xylon Avenue North New Hope. Minnesota 55428 Phone: 531-5100 FAX (612) 531-5174 January 3, 1992 NOTICE REGARDING PLANNING CASE 91-42, PROPOSED FINA SERVE STORE'LOCATION AT 36TH AVENUE NORTH/WINNETKA AVENUE, CITY OF NEW HOPE TO WHOM IT MAY CONCERN: Planning Case 91-42, proposed construction of a Fina Serve Store at 36th Avenue North and Winnetka Avenue in New Hope, which was originally introduced at the December 4, 1991, New Hope Planning Commission meeting and continued until the January 7, 1992, Planning Commission meeting, will be tabled at the January meeting and oontinue4 untll the February 4, 1992, Planning Commission meeting. No discussion on the case will take place in January, as the petitioner is making additional site plan revisions. Discussion on the proposal will continue at the February 4, 1992, 7:00 p.m. Planning Commission meeting and you are invited to attend the meeting and express your opinion on the proposal at the time if you desire to do so. Please contact Kirk McDonald at the City of New Hope (531-5119) if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator KM/jf Family Styled City ~ For Family Living CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: 92-01 Request for A Conditional Use Permit to Allow a Convenience/Fast Restaurant in a B-4 Community Business Zoning District Food Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 3546 Winnetka Avenue North, Winnetka Commons Shopping Center 20-18-21-22-0012 B-4 (Community Business) Winnetka Commons Limited Partnership January 3, 1992 January 7, 1992 BACKGROUND The petitioner is requesting a conditional use permit to allow a convenience/fast food restaurant in a B-4 Community Business Zoning District, pursuant to Sections 4.124(3) and 4.134(1) of the New Hope Code. Carab Inc./Winnetka Commons Limited Partnership is proposing to open a 900 square foot SUBBY'S convenience food establishment in the Winnetka Commons Shopping Center. The food establishment would be located in tenant space 14, which has vacant spaces 13 and 15 on either side of it and the closest occupied spaces being Gung Ho Oriental to the west and Emerald Cleaners to the east. The use would be eat-in and take out (no delivery) for consumption on and off the premises. The dining area would provide seven booths and seat approximately 26 persons. The food type would include submarine sandwiches of approximately 15 varieties, soups and soft drinks. The tenant space would be finished with tile throughout and contain the usual restaurant equipment including sinks, refrigerators, condiment and prep tables. 5. Hours of operation would be from 10:00 a.m. to 11:00 p.m. seven days per week. J Employee parking would be in the rear with the area in front to be used for customer parking. o The managers of the fast food restaurant currently own and operate multiple Dairy Queens in the metro area and desire to operate a SUBBY'S in New Hope because they feel it offers a good opportunity to service a wide variety of customers for soup or sandwich for the healthy/lighter appetite. Restaurants are allowed as a permitted use in a B-4 Zoning District, however "drive-in and convenience food" establishments require a Conditional Use Permit. By City Ordinance definition, this use is convenience food which is defined as "an establishment Planning Case Report 92-01 January 7, 1992 Page -2- which serves food in or on disposable containers...for consumption on or offthe premises. Customers are generally served at a pick-up station by clerks rather than served at tables...by waiters or waitresses". Ten conditions are listed for "Drive-in and Convenience Food". No drive-thru is possible or proposed. The conditions that are applicable to this use include: C. D. E. F. G. Compatibility architectural appearance of building to be compatible with surrounding uses so property owners are not impaired, qlreen strip - at boundaries of residential district, a 5-foot green strip to be landscaped, Curbing -parking areas and driveways to be curbed, Vehicle access -accessed points to be limited so there is a minimum of conflict with through traffic, Drainage -entire area to have drainage system subject to City approval, Surfacing -entire area other than occupied by buildings/plantings to be surfaced to control dust/drainage, R,filse storage - refuse to be stored in containers, which shall be screened and enclosed by a fence. 10. Other issues to be considered for conditional uses in Business Districts include: Ao Ce Traffic - the use should not cause traffic hazards or congestion, Nearby residences - adjacent residentially-zoned land should not be adversely affected because of traffic generation, noise, glare or other nuisance characteristics, Effect on other businesses -existing nearby businesses should not be adversely affected because of curtailment of customers trade brought about by intrusion of unduly heavy non-shopping traffic or general unsightliness. 11. Property owners within 350" of the subject property have been notified. ANALYSIS The Design and Review committee decided not to meet with the petitioner due to the routine nature of the conditional use permit application. The majority of issues and conditions listed under //9 and #10 above were addressed in Planning Case 89-11 when the Winnetka Commons Shopping Center PUD was approved (August 14, 1989) and are met. While drainage, curbing, landscaping, surfacing, and traffic would be important considerations if this was a new free-standing business, these matters were previously addressed for the entire shopping center development and SUBBY'S is a tenant in the center. Planning Case Report 92-01 January 7, 1992 Page -3- o No drive-in window is proposed and no outdoor dining area is proposed, The Building Official reports that the shopping center is now approximately 70% full with this tenant. Three other conditional use permits have been approved for convenience food eating establishments in the center: Bruegger's Bagels, Gung Ho and Frankie's Pizza.' Eight other tenants occupy the center with permitted uses. The City Code requires one parking space for each 15 square feet of gross service and seating floor area excluding the kitchen, but not less than 15 spaces for drive-in and convenience food establishments. The code would be applicable if this was a free- standing establishment, however, the parking requirements for shopping centers were applied at the time of the PUD approval and tenants and included in that number. A total of 246 spaces are provided at the center. Items that might be noted by the Planning Commission include the following. Parking - It should be emphasized that employee parking must be in the rear of the building and overnight parking of cars/trucks is not allowed unless a conditional use permit for outdoor storage is applied for and granted. Be Outdoor Dining - No outdoor dining area on the front sidewalk is being proposed or requested at this time. Codes and Standards is currently reviewing an ordinance amendment that will address the issue on a City-wide basis and it should be emphasized that this CUP does not include approval for outdoor dining. ~- The approved comprehensive sign plan for the center allows for a 16 foot x 3 foot (48 square feet) tenant sign for this space. As of this date the applicant has not submitted a sign plan. Any signage must comply with the approved comprehensive sign plan and other ordinance requirements pertaining to window signs, etc. must be met. D. Trash Storage Recur - a 6'x 6" high wood screened trash enclosure with wood gates is shown on the plan at the rear of the Gung Ho Oriental food establishment several tenant spaces to the west of the proposed SUBBY'S and details are provided. Interior - trash storage should be clarified for the interior of the building because it is a food establishment - no trash containers are shown on the floor plan. Front sidewalk -the previously approved front sidewalk trash receptacle plan for the center is enclosed for informational purposes. Planning Case 92-01 January 7, 1992 Page -4- o o Plan review/approval by the City Sanitarian is required if this request is approved by the Planning Commission/City Council. The City is requiring the developer of the center to rebuild the southwest service entry drive and retaining wall to match the approved plans. Semi-trucks cannot enter that driveway because the neck of the entrance was narrowed at the Winnetka property line due to the location of an NSP power pole. NSP has agreed to eliminate the pole and the City will not release the performance bond on the center until the drive is reconstructed. Any approval should be conditioned on the drive being reconstructed by spring/1992. RECOMMENDATIONS Staff recommends approval of the request for a Conditional Use Permit to allow a SUBBY'S convenience food establishment in a B-4 Zoning District, subject to the following conditions: 2. 3. 4. 5. 6. 7. Clarification of inside trash storage. Signage to comply with approved comprehensive sign plan. Employee parking to be at rear of building and no overnight parking. No outdoor dining unless approved under future CUP. Review/approval by City Sanitarian. Annual inspection by staff. Rebuilding of retaining wall and driveway entrance at southwest comer by June 15, 1992. Attachments: Section/Zoning Map Site Plans Floor Plan Petitioner Letter Comprehensive Sign Plan Trash Enclosure Detail Sidewalk Trash Receptacle Site/Building Statistics H REZONED FROM R-O to B-4 August 14, 1989 (Res.89-153) LIONS PARK II WINNETKA COMMON,S ~3'6tE"&'WiNNETK-A~ SUBBY'S RESTAURANT SPACE 14 ~l~klH THU9 O01'T PRC~ BIG WHE NORTH SITE PLAN 1"-50' DECEMBER 13, 1991 ~I I~1 PROPOSED ' BIG WHEEL/ROSSI I I ~I~C, ELOW VIDE( SITE DECEM~ SPACE 15 i'UBLIC ENTRY SPACE 14 '-? SPACE SUBBY'S RESTAURANT WINNEKTA COMMONS SPACE 14 3546 WINNEKTA AVENUE SEATING FOR 26 - SERVICE ENTRY NORTH FLOOR PLAN 1/4" - 1 '-0' DECEMBER 13, 1991 SUBBY'S A brief discription. SUBBY"S is a fast food orientated restaurant ,specializing in the sale of Submarine sandwiches of approximately fifteen varieties ,soups and soft drinks we will seat approximately twenty customers and provide take out service. Our packaging will consist mainly of a flat 12x12 waxed sandwich wrap, carry out bags, two sizes of waxed paper cups. The space we intend to occupy will be finished with cory tile throughout ,wanes coating in dineing area, glass board in all kitchen /food prep areas, equipment will consist of three sinks, one three compartment with drain boards, one hand washing sink, convenient to employee customer service area, mop sink, two -three door refrigerators one sandwich / condiment table one stainless steel prep table assorted small wares.. All equipment will be NSF approved. Management will consist of Mr. & Mrs. Tom Michaud and Mr. Marcus Plaisted. The Michauds currently own and Operate multiple Dairy Queens in the twin cities. Mr. Plaisted has been involved in the management of multiple Dairy Queens. Both are well trained in the food service industry, and have an on going success in this area. The above parties regularly consult with Mr. Richard Plaisted. He has thirty years of experience in Franchise food related businesses ,DAIRY QUEEN, TACO Johns, SUB WAY. We have chosen the city of New Hope because we feel it offers a very good opportunity to service a wide variety of customers for soup or sandwich for the healthy as well as the lighter appitite. Thank for your consideration off this request. hope to soon be a part of the New Hope community. We Sincerely Tom Michaud SEP 2 6 1990 WINNETKA COMMONS 36th & WIdNE11CA ~ITl+ JACKSON-SC01-1' ~ ASSOCIATES, INC. 3433 Broadway Street N.E., Suite 150 Minneapolis, Minnesota 55413 (612) 623-0153 FAX # (612) 623-4813 Shopping Center Management;' Leasing and Development January 9, 1991 Mr. Kirk McDonald Management Assistant/Community Development Coordinator City of New Hope 4401Xylon Avenue North New Hope, MN §§428 Winnetka Commons Trash Receptacles Dear Mr. McDonald: I am enclosing a copy of a sheet from a brochure that describes the type of trash receptacle I am proposing placing at Winnetka Commons Shopping Center. I em proposing a brown Rubbermaid container with a hood and doors for our customers use. I am also enclosing a site plan indicating the locations I am proposing to place these on the sidewalk. The containers will have plastic liners and will be emptied as required on a weekly basis by our Janitorial service company. Please advise if the above is acceptable or feel free to give me a call if you have any questions. I look forward to hearing from you. Yours very truly, Jackson-Scott & Associates GWJ:al Enc. Member of International Council of Sllol~Dlng Centers Ranger~ and WeatherGard® Ranger~ containers take on the elements· The Ranger® containers are built to withstand summer's heat and winter's cold. The seamless Dur- arnold® construction won't rust, corrode or warp. Our 45 gallon WeatherGard* Ranger* containers are de- Glutton® containers can handle a crowd. Glutton* containers are perfec~ for areas that handle large crowds. Holds 56 gallons, so it needs to be emptied less often. It can withstand extreme weather and handling without rusting, denting, losing shape or color. The practical hooded top features Trimeld"" rainshields for extra strength under tough conditions. · Easy to clean, needs no maintenance. container has 45 gallon capacity, rainshields to complement decorative woodgrain panels and permanently attached hinged tops to prevent loss. · Ranger· containers available in 35 or 45 gallon capacity. No. Oe,3cri0tlo~ Cotor Pack · '8430 3S gal. ~n 1 19~'SCl.x39.~"h. · '8432 35 gal. 8age, I 19~"SCl.x39'%"h. Brown w/decoralor panels1' ~:3566 Rigid Liner, Gray 35 gal 16¼ "sq.x28~"h. Tuffmad® Ik31yliner = Bag 200 No. 5015 · '8440 45 gal Be~je, 1 21~"SCl. x40~"h. Brown signed for outdoor use ~n all kinds of weather-ideal for municipal street corners, parks, :1:3567 playgrounds, stadiums and fast food restaurants. Tops are permanently attached to prevent loss or theft, and rainshields are available to match the decora- tive woodgrain panels. · Good for all kinds of outdoor uses. · WeatherGard® Ranger® Put A Great Name to Work? · '8442 4S gel. Be.]e, 1 21~"SCl. X40~"tt Brown w/decorator oanetsT Rigid Liner, Gray 4 45 gal. 18¼ "SQ. x291,~"h. 'ruffmade Pot¥flner; Big 200 No. 5016 · 8450 ~rs gal. Beige, w/Brown Brown Rainlhieide 21 No. Descno~on Color Pac~< '256B 56 gel. Brown, 25~"x22~'4"x31 V~"h. Oyster White 256V Heeded Toe Brown, 256X Needed Toe Brown. wtdcx~s Red,,..--- j 256K Rigid Li~er Gray 256W Held dowa Black ~ gravel) 21 ~"x 18'xS"h. Tuffmade R~l¥11ner = aa~ 100 No. 5013 U.S. PaL No. D-233,127 (256B. 256V. 256X1 256B "Riled-la" Standara ~ s~amDea -55 desagn evadable, 2 sa:les, green ~mpnnt 2568 Stanctarcl elk screened clesK:Jn -94 avalaD~e: KEEP OUR CITY CLEAN KEEP AMERICA BEAUTIFUL BE A WASTE WATCHER I:~ DON'T UTTER *Custom irnDrinbng avallaDle. Contact your Rubbermaid representative for cietaHs. C · 8452 45 gel. BeK~e, w/Decorator Brown Plnelet & Brown Rlinlhietda 21 ~"sa.x40:~"h. 3567 Rigid Line~', Gray 4 45 gal 18~ "~.x29V~ "h. 'ruffmad® Rolyiiner"' Bag 200 No. 5016 Contact your RubDermaicl representative for details. U.S. PaL No. D-217,248 (8452, 8450) tColors for decorator panels: walnut or teak woodgram. Examc)le of order: #8432-beige (color of container), walnut (color of banal) Example of order: #8452 be;ge (color), walnu~ (color of panel), (rarest, eld writ ~ brown). · Th~s product has i:)een approved ~y the Califorma State Fire Marsl~all (CSFM) pursuant to ,~ 13144.1 of the Calitorma Health and Safely Code. Se~ CSFM Listing No. 4480-460:104 (8430, 8432); 4480- 460:102 (8440, 84421 material 13resentect in th~S c~ocurnent. It is subiect to re-exarmn- ation, revisions and Ooss~ime cancellation. .fLirter rnee{s CSFM apb'oval when used rn conlunctlon wdh CSFM approved Ranger· contamers. · Custom ~mDnnting available. Conlact your RuOl:)erma,3 representative for dermis. WINNETKA 36th & WI,4NETKA COMMONS NEW HOi~, N~INESOTA 22 ~algzeens BigeZow Video I 4200 Tires Plus 2 1844 3 1400 4 1400 Chiropractor § 2800 Haytag : 7 1200 8 1200 9 1200 10 1200 11 1812 Gung Ho Oriental 13 1488 14 900 15 900 Shoe Repair/Tailor 16 900 Emerald Cleaners 17 900 New Hope for Hair 18 900 19 1670 Frankte's Chicago- Style Pizza 20 1930 Bruegger's Bagels 21 2820 Bigelow Video 22 11890 Walgreens Z~ -~,l% Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 91-15 Request for Consideration of Ordinances Pertaining Zoning and Adult Use Licensing in New Hope City of New Hope City of New Hope January 3, 1992 January 7, 1992 BACKGROUND to Adult Use City staff is requesting consideration of ordinances pertaining to adult use zoning and adult use licensing in New Hope. The Planning Commission conducted a work session on November 21st to discuss a preliminary draft of the Adult Entertainment Ordinance and an Adult Use Licensing Ordinance (minutes included with December 10th memo for insertion into the three-ring binders). Per the direction of the Commission, the following schedule was established: Planner to prepare revised ordinances pertaining to adult use zoning and adult use licensing as a follow-up to the items that were discussed at the work session. This has been completed and the revisions are outlined in the cover memo of the November 27th Planner's Report (sent to the Commission on December 10th for insertion into the three-ring binders). B. Revised ordinances to be reviewed by Codes & Standards Committee on December 17th and to be distributed to full Commission for review (completed). Moratorium on Adult Entertainment Uses to be extended for an additional six months...completed through Council action on December 23rd. Informal discussion of the ordinance revisions by the full Planning Commi~ion at the January Planning Commi~ion meeting. Formal public hearing by the Planning Commission on the Adult Entertainment Use Ordinance at the February 4th Planning Commission meeting. o One of the proposed changes to the ordinance recommended at the work session was to expand the list of incompatible land uses to include specialty schools, training schools, and commercial recreational facilities. Planning Case Report 91-15 January 7, 1992 Page -2- The only major change discussed by the Codes & Standards Committee on December 17th was a concern that the existing "300 foot distance" maps did not take into account the Northland Gymnastics Center located on International Parkway south of Bass Lake Road or the recently approved Grand Slam complex on 31st Avenue east of Louisiana. Codes & Standards recommended that thc ordinance text be changed to eliminate training schools from thc protected uses and to include that only specialty schools and commercial recreational facilities whose majority of customers are minors arc protected uses. The Planner has revised the ordinance to reflect this change and has made the change to the opportunity area maps for adult use (December 24th memo attached). These changes reduce the overall available area from 145.2 acres to 109.2 acres, or 3.5% of the City. These changes and any other concerns with the proposed ordinance should be discussed/ reviewed by the Commission in January. The City Attorney and Planning Consultant will be in attendance at the meeting to assist in the discussion. If consensus is reached on the ordinance by the full Commission, a formal public hearing will be scheduled for February. Please bring your three ring binders to this meeting for reference. Attachments: November 27th Planner's cover page (with notation) December 24th Planner's Memo and Maps U RB A PL NG · DES N · MAR K E R S E A R C H TO: FROM: DATE: RE: FILE NO: Kirk McDonald Alan Brixius 27 November 1991 New Hope Adult Use 131.00 - 90.10 Attached please find the revised ordinances pertaining to adult use zoning and adult use licensing in New Hope. The following items that were discussed at our 21 November 1991 Planning Commission workshop have been addressed in these ordinances: Zoning: The adult use accessory is allowed in each of the commercial and industrial zoning districts. Adult use principal is allowed only in the B-3, B-4, I-l, and I-2 Zoning Districts. The Zoning Ordinance establishes a 300 foot setback for adult uses from all incompatible land uses. 4. The list of incompatible land uses was expanded to include specialty schools, ...... =z~n~ =~h~Is, ~ -- and commercial recreational facilities.~ ~,~~\~ _.~.~,i~£~ t,~,,~ Licensing: The licensing fees section was changed to allow the City to recoup its expenses incurred during review of the application even if the application is denied. My staff is researching the administration inspection and law enforcement costs associated with adult uses to develop a proposed licensing fee for the City. 5775 Wayzata Blvd.. Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 P L N G DES N . M A R K E T Inc. RESEARCH TO: FROM: DATE: RE; FILE NO: Kirk McDonald Allan Hunting/Alan Brixius 24 December 1991 New Hope - Adult Use 131.00 - 90.10 Based on discussions at the Codes and Standards meeting, we have made the changes to the Ordinance text and to the opportunity area maps for adult use. Excluding lands within 300 feet of Munsinger's Gymnastic Center, the new Grand Slam complex, and the Science Industry Park reduces the overall available area from 145.2 acres to 109.2 acres, or 3.5 percent of the City. The maps identify the location of the gymnastic center and the Grand Slam along with the opportunity areas. The maps also illustrate the lots which were eliminated from the opportunity area with the inclusion of the gymnastic center, the Grand Slam, and the Science Industry Park. The Ordinance text has been changed tQ eliminate training schools from the protected uses and to include that only specialty schools and commercial recreational facilities whose majority of customers are minors are protected uses. If you need further information, please advise. pc: Steve Sondrall 5775 Wayzata Blvd.. Suite 555. SI:. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 ~,~"1' R~.g[ARCH CENT/R ROAD K.U MUNSINGER GYMNASTIC CENTER S¢;ENC£ INDUSTRY R.4 ,L OPPORTUNITY AREA OOPPORTUNITY AREA LOST SCIENCE CENTER DRIVE PAUL. · 5AULT PARK ST. AVl[:. SAINTC I~ARI IEWCREST LANE AKE mm ROAD GRAND SLAM~M ~'--~_~ 30 H N COUNTY ROAD NO. 1"= 500' OPPORTUNITY AREA OPPORTUNITY AREA LOST CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM'. SUBJECT: January 2, 1992 Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator Miscellaneous Issues SHED VARIANCE The shed variance to locate in a drainage/utility easement in Plufka Addition, which the Commission recommended denial of, was tabled at the November 12th Council meeting. The applicant agreed to remove the shed and withdraw the request and the Council indicated that they would consider giving the applicant until next spring/summer to move the shed, pending a report back by the City Engineer on any negative drainage factors that may result from leaving the shed in place foe the next 6 months. The Council considered this issue again on December 9th. The City Engineer and City Attorney both addressed this matter in written correspondence (attached), with the Engineer stating that he did not see any problem with leaving the shed in place until next spring and the Attorney pointing out liability issues. The Council determined that they would give the petitioner until June 1, 1992, to move the shed to meet setback requirements and that the City would refund the variance application fee once the shed was moved. K-MART SIGNAGE The City Council approved K-Mart's request for a variance to the sign ordinance at the December 9th Council meeting. The Council indicated that while it understood the concerns of the Planning Commission regarding lack of cooperation on overall site improvements, they felt that the sign variance request was a separate matter and that the proposed new signage was an improvement over the existing signage. DAY CARE PARKING ORDINANCE AMENDMENT The ordinance amendment regarding parking standards for Day Care Centers was approved by the Council on December 9th and the new standards is now in effect. 4. PLANNING COMMISSION MEETING TIME CHANGE Don't forget...starting with this January meeting, Planning Commission meetings will begin at 7:00 p.m., one-half hour earlier than the previous meeting time of 7:30 p.m. The time change has been incorporated into the public hearing legal notices and the sign in the window on the front of the City Hall has been revised. Se E~TENSION OF MORATORIUM ON ADULT ENTERTAINMENT USES OR ESTABLIS}~fENTS As you are aware, the Interim Ordinance Temporarily Prohibiting Adult Entertainment in New Hope was due to expire on February 25, 1992. The Planning Commission and staff had recommended that the moratorium be extended an additional six months until an ordinance could be adopted after the public hearing process. At the December 9th Council meeting the Council adopted an Ordinance Extending the Moratorium Deadline to August 25, 1992. A copy of the moratorium extension was mailed previously to all Planning Commission members. 6. CREAMETTE VARIANCE AND CONDITIONAL USE PERMIT EXTENSION On January 14, 1991, the City Council approved a variance and conditional use permit for Creamette Company to modify a portion of the existing building and to construct an addition at 7300 36th Avenue North. The Zoning Code states that if work authorized by a Special Zoning Procedure has not been implemented within a year after approval, the procedure shall terminate unless a petition for extension of time to implement the use or complete the work has been granted by the City Council. The extension request must be submitted to the City Manager at least 30 days prior to the termination deadline, otherwise the permit shall automatically terminate. The petitioner shall include a statement of facts explaining the circumstances necessitating the extension. Don Litterer, Operations/Plant Engineer for Creamettes, has submitted the enclosed petition dated December 13, 1991, requesting a one-year extension on the approval. Creamettes has purchased the Valspar warehouse on Winpark Drive and is utilizing it as a finished product warehouse and distribution center. While engineering drawings for the New Hope plant expansion are completed, the expansion is on hold at this time until an evaluation can be made as to how much additional capacity will be needed. Said analysis will be completed next spring. The Creamette's extension request was considered and approved by the City Council on December 23rd and the special zoning procedure will now terminate on 12/23/92 unless an additional extension is requested and approved. -3- O~)OOR DINING/CONDITIONAL USE PERMIT REGULATIONS The Codes & Standards Committee, Planning Consultant, City Attorney, and staff have reached agreement on an ordinance that would regulate outdoor dining. The ordinance and Planner's report are enclosed for your information. Due to the fact that we will be discussing the Adult Entertainment Ordinance in both January and February, Codes & Standards has recommended that the Planning Commission public hearing on the outdoor dining ordinance be delayed until the March 3rd meeting. Prior to that public hearing, all eating establish- ments that serve food outdoors will be notified and invited to the hearing for comments/input. CORNER IX)T/FENCE LOCATION Work is still progressing on an ordinance amendment regarding fence locations on corner lots. The ordinance was revised for review but the Building Official has some concerns that need to be addressed. Once a consensus is reached, the ordinance will be reviewed by Codes & Standards and then presented to the full Commission. Attachments: Shed Variance Correspondence Creamettes Extension Outdoor Dining SI-IED VARIANCE 4401 Xylon A venue North New Hope. Minnesota 55428 Phone.'531-5100 FAX December 10, 1991 Mr. LuVerne Kramer 4764 Erickson Drive New Hope, MN 55428 Subject: REQUEST FOR VARIANCE TO THE ACCESSORY BUILDING SETBACK REQUIREMENT TO ALLOW A UTILITY SHED TO BE LOCATED WITHIN A DRAINAGE AND UTILITY EASEMENT, PLANNING CASE 91-36 Dear Mr. Kramer: Your variance request, which was tabled by the City Council on November 12, 1991, was considered at the Council meeting on December 9, 1991, and this letter is to inform you that the Council officially accepted your withdrawal of the requested based on the following conditions: 1. You will be allowed to leave the shed in place this winter, but it should be moved to comply with the proper setback requirements by June 1, 1992. 2. If you are unable to have the shed moved by that date, due to unforseen conditions such as weather, you should contact me so we can arrange for an extension of time. 3. The City will refund your $75.00 variance application fee as soon as the shed is moved. If you have and comments of questions, please contact me. I will look forward to hearing from you in the spring. Thank you for your cooperation. Sincerely, Daniel J. Donahue City Manager Kirk McDonald Management Assistant/Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leonet City Clerk Planning Case File 91-36 Property File Family Styled City '~~ For Family Living REQUEST FOR ACTION Originating Department Approved for Agenda A~genc~a Section t'~anmng & City Manager r-",,, Development 12-9-91 Item No. Kirk McDonald By: Management Assistant By:d/ 8.3 PLANNING CASE 91-36-REQUEST Fpi~A VARIANCE TO THE ACCESSORY BUILDING SETBACK REQUIREMENT TO ALLOW A UTILITY SHED TO BE LOCATED WITHIN A DRAINAGE AND UTILITY EASEMENT, 4764ERICKSON DRIVE (PIE)#07-118-21-32-0065), MR/MRS LUVERNE KRAMER, PETITIONERS The petitioners are requesting a variance to the accessory building setback requirement to allow an existing accessory storage building to remain in place, pursuant to Section 4.032(3d) of the New Hope Code. The petitioner has constructed a 10' x 12' (120 square foo0 storage shed 3 feet from the rear yard property line and 2.4 feet from the side yard property line and is seeking an after- the-fact variance to allow the shed to remain in place. The shed is constructed on a concrete slab located within the 5-foot side yard and 10-foot rear yard drainage and utility easement. City Code states that accessory buildings shall be five (b') feet or more from all lot line and shall not be located within a utility or drainage easement. The variance request is the result of an order form the Building Official to remove the shed from the drainage easement in response to a neighbor's complaint. The petitioner claims he was given inaccurate information from the Building Inspections section of the Fire and Safety Department about requirements for shed locations. Staff finds no hardship for the granting of the variance and recommends that the shed be moved to comply with code requirements. The Planning Commission reviewed this case on November 5th and recommended denial. This matter was considered and tabled at the 11/12 Council meeting. The petitioner was agreeable to moving the shed to comply with code requirements and withdrawing the variance request if adequate time was provided to relocate the shed. Petitioner also requested that the $75. variance application fee be returned. The Council discussed allowing the shed to remain in place until summer 1992 and directed the City Engineer to review potential drainage problems and the City Attorney to review liability issues. Mo or nv sEco Review: AdmlmstraUon: l~manee: RFA-O01 Request for Action Planning Case 91-36 December 9, 1991 Page -2- The City Engineer inspected the site, reviewed the existing drainage in the area, and does not feel that the building needs to be relocated at this time. The Engineer recommends that the building be relocated during the 1992 construction season. The City Attorney has reviewed the liability issues and it is his opinion that the City may likely have some exposure to liability if it fails to enforce the zoning ordinance in this particular case and damage to property results from the shed obstructing the drainage easement. The Attorney recommends that the shed be moved as soon as is reasonably possible. Relative to the refund of the application fee, no outside consulting expenses have been incurred as a result of this request except for brief reviews of the situation by the City Engineer and City Attorney. Staff recommends that the request for the variance be withdrawn by the petitioner and that the variance application fee be refunded. Taking into consideration the viewpoints of both the City Attorney and City Engineer, staff recommends that the petitioner be required to move the shed to meet code requirements as soon as possible and no later than June 1, 1992, so as to minimize the City's liability. If spring weather conditions do not permit the shed to be moved by June 1, 1992, then the petitioner can request an extension on the relocation date. DEC-- 3--9 I TUE 14 : 49 BONESTRO0 ~ ASSOC I ATES P 82 Bonestroo Rosene Anderlik & Associates Engineers & Architects ?~.Ka, nale. No~ P.e. ~ M, ~rgn, Dccemher 3, 1991 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 554285 Arm: Kirk McDonald Accessory Building 4764 Erickson Drive Our File No. 34-Gen. Dear Kirk: I recently inspected the location of the accessory building at 4764 Erickson Drive. The building is presently constructed within the 10' drainage and utility casement located along the east and south property line. The property owner intends to relocate the building outside the easement this spt'ins After reviewhag the ex/sting drainage in the area, I don't ace uny reason why the building needs to be relocated at th/s time, It's recommended the building be relocated during the 1992 construction season, If you have any questions please contact me at this office, Yours very truly, BONESTROO, ROSF. NF.,, ANDERLIK & ASSOCIATE, S, INC. Mark A. Hanson MAH:dh 2335 West Highway 36 · St, Paul, Minnesota S5113 · 6t2-636-4600 * 3Sth Anniversary CoR,qK:;K LAW OFFIGES, P.A. WILLIAM J, CORRICK STEVEN A. SONDFIALL. STEV~N A.SONOI:L4,U. MICHAEL R. MARTIN P. MALECHA WILLIAM G. STI:IA~T COR~CK & SONDRAU., A PA/~/TNEFt~HIP QF ~F~ ~T~ ~b~ ~u~e O~ce P~ 8525 ~b~k C~si~ S~ t203 B~ ~ M~n~o~ 5~3 LAVONNE E. KF,~qKE SHA~ O. DImitY December 4, 1991 Daniel J. Donahue City Manager City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Liability for Temporary Non Enforcement of Zoning Code Planning Case No. 91-36 Our File No. 99.11091 Dear Dan: The above referenced Planning Case involves a request for a variance to the accessory building setback requirement that will allow an utility shed to be located within a drainage and utility easement at 4764 Erickson Drive. The shed is located 7 feet into the 10 foot rear drainage easement and 2.6 feet into the 5 foot wide side yard drainage easement. The shed is located on a cement pad. The owner would like to wait until after the spring thaw to move the shed. The City is concerned about potential liability on its part for failure to enforce the zoning ordinance. In this case, we cannot say the City will be immune from all liability. As a general rule, the City has no liability for failure to enforce its ordinances. But this general rule must be reasonably applied, and a City may be liable if its failure to enforce its ordinance results in the creation of a nuisance. (See Mcquillan, Municipal Corporation, Section 53.22d.) You should note that, in addition to violating the setback provisions of the zoning code, an obstruction of a drainage easement is a nuisance under §5.07 of the City Code. The City may also have liability as a result of the public duty doctrine. A governmental unit generally has no liability toward anyone injured by a duty owed to the public at large, but in certain circumstances may have a duty to a particular individual. The governmental unit may owe a particular individual a duty of care when its officer or agent, in a position and with authority to Mr. Daniel J. Donahue December 4, 1991 Page 2 act, has or should have had knowledge of a condition that violates safety standards prescribed by statute or regulation, and that presents a risk of serious harm to the individual or his property. When such injury is reasonably foreseeable, the government unit has a duty to exercise reasonable care for the individual's safety. In this particular case, the shed in its present location violates the Zoning Code, as well as §5.07 which prohibits obstructions of drainage easements. The obvious purpose of §5.07 is to prevent flooding caused by obstructions of the drainage flow. The City and the Building Official are aware of the violation at 4764 Erickson Drive, and have authority to prevent and remove such obstruction. If the obstruction causes flooding, such flooding may cause serious harm to a number of houses in the area. Such damage by flooding is reasonably foreseeable, especially at this point in light of a winter of potential record snowfall and spring runoff. Liability on the City's part is also supported in analogous situations involving a City's duty to keep its sewers in repair and free of obstructions. Liability has been found on the part of cities for failure to exercise reasonable care in that regard. Lawin v. City of Long Prairi.~, 355 N.W.2d 764 (Minn. App. 1984). Finally, in the event that the City failed to act and damages resulted, the City and its employees would not likely find any relief under the doctrine of discretionary immunity. As you may know, a municipality is protected from liability for planning level decisions, which are also known as discretionary acts, which involve the balancing of complex and competing factors comprising a discretionary choice between alternatives. A City will have liability, however, for decisions made at an operational level, or decisions that involve professional judgment, such as an engineer deciding whether or not to place a guard rail along a highway. The decision of the City to not enforce the City Code in this particular instance would be more like a ministerial or operational decision, rather than a planning or discretionary act. In conclusion, the City will likely have some exposure to liability if it fails to enforce the zoning ordinance in this particular case and damage to property results from the shed obstructing the drainage easement. The City Engineer may be able to evaluate the risk and extent of any potential damage and conclude it is minimal, but if such damage occurs, the City may have some liability. Accordingly, the shed should be moved as soon as is reasonably possible. Mr. Danie3 J. Donahue December 4, t991 Page 3 Please contact me if you have any questions. Very truly yours, Steven A. Sondrall slw3 cc: Kirk McDonald, Management Asst. EXTENSION OF CREAMETTES ZONING PROCEDURE GROCERY AND SPECIALTY PRODUCTS DIVISION OF BORDEN. INC, PASTA GROUP December 13, 1991 Mr. Kirk McDonald, Management Assistant City of New Nope 4401Xylon Avenue North New Hope, MN 55428 Subject= Extension of Special Zoning Procedure Approval Dear Mr. McDonald: Since the approval of the site/building plans, variance and front loading berth by the City Counci2 last January, severa/ events have occurred resulting in our postponing the expansion of this production facility. The purpose of the proposal was to provide needed space for finished product storage and future production expansion. As we were proceeding with the structural and civil engineering drawings, we learned that space in the Valspar warehouse on ¥inpark Drive in New Hope was available to lease. Upon further investigation and analysis of our current and future space requirements, it was decided to pursue the option of utilizing the Valspar warehouse as a finished product warehouse and distribution center. Negotiations to purchase the property with Valspar and Hoyt Development (the buildingWs owner), were completed with title transferred to Creamette/ Borden last fall. Ne are actively transferring finished product to this warehouse facility for storage and distribution to customers. Once the product is transferred to the ¥inpark location, it is our intent to originate all customer shipments from that location except for full truck loads of the sa~e product. Finished product will then be shuttled from the production plant on 36th Avenue and Minneapolis to the Winpark distribution center warehouse for shipment. This will greatly reduce the truck traffic at the plant. A new production facility in St. ~ouis, MO is just coming on-line. There are also some small plants that are being phased out of production. Once the new plant is in full production and the other plants are closed, an evaluation can be sade as to how much additional capacity will be needed and when. We hope this analysis will be completed next spring. The engineering drawings for the New Hope plant expansion along with other preliminary requirements have been completed. The expansion at this time is on hold. In view of this, we would like to petition for an extension of one year to implement the expansion. THE CREAMETTE COMPANY - PASTA GROUP HEADQUARTERS 428 NORTH FIRST STREET, MINNEAPOLIS. MINNESOTA 55401 Kirk McDonald 2 Decesber lJ, 199I Should you have any questions or if we can he of assistance, please contact us. Thank you for your considera£ion. Sincerely, Litterer O~erations/Plan t Engineer DWi~ds CC: S. Favro J. Lawrie K. Kallebers ~01 Xylon Avenue Nom~ New Hope, M/nnesota 55428 Phone: 531-51 O0 FAX $~2 55'-£'-~ October 21, 1991 Mr. Don Li~erer, Opera[ions Plan~ Manger Creamette Company 7300 36~h Avenue North New Hope, MN 55427 Subject: TERMXNATXON OF SPECIAL ZONING PROCEDURE APPROVA~ Dear Mr. Li==erer: On January 14~/1, 1991, ~he New Hope City Council approved =he si=e/building plan review, variance =o side yard se=back, and a conditional use permi~ =o allow loading ber=h in ~he iron= yard in order for Creame==es =o modify exis=ing building and cons~ruc~ a building addition a~ 7300 36~h Avenue North. I wan=ed ~o inform you ~ha= =he zoning ordinance s=a=es ~ha= #if ~he work or use au~horiz.d by a special zoning proc.d~e has no= ~en implem, n~ed wi=bin a y.ar after final Council approval, ~he said proc.dure shall au=oma=ically =e~ina=e ~less a ~i~lon for ~e~ion of ~ ~o ~1~ ~l ~e or c~le~e ~e work p~suan~ ~o ~i$ m~cial zoning pr~~e has ~en ~an~ by ~e City Co~cil. Pe~i~ion for an e~ension shall bo made in~i=ing and filed wi=h the Ci:y Manager a= leas= 30 days before the e~ira~ion of ~he special zoning procedure. There shall no charge for ~m filing of a pe:i:ion for e~ension. The petition shall include a s~a:~en: of fac~s m~laining the circ~s~ances necemsi=a~ing ~e m~mnsion. If a petition for e~ension is filed, ~e Council may ~m~ina:m or m~ify ~m s~cial zoning proc~m for non-use, after a hearing or hearings held in ~e s~e ma~mr as for =he original considerm:ion of ~hm s~cial zoning procedure, including no=ice ~o ~m applican~ and him successor in in=mrms:, if any. If, after a hearing, ~e Council detm~ines =hat a basis for approval of ~hm original zoning procedure no longer exists, in whole or subs~an=ial par~, ~he Council may ~e~ina~m or m~ify~e authority or use previously approved under the special zoning procedure." I have enclosed an excmrp= of the zoning ordinance for your info~a=ion. In shor~, if work has no~ been ini~ia~ed on =he Creame==es addition before January 14, 1992, =he special zoning procedure approval will Cer'ainaCe unless you file a wriC~en reques= for an extension =hir=y days prior =o =ha~ da~e, or by December 14, 1991. Family Styled City ~ Fo~ Family Living -2- Please contact me if you have any questions or comments. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosure cc: Dan Donahue, City Manager Doug Sandstad, Building Official Planning Caee File 90-40 4.202 (1)(1) - (q) (n) (o) (p) (q) Record Before Council. The City Manager shall place the report and recommendations of the Planning Commission and the City Manager, on the agenda for the next regular Council meeting after Planning Commission action, or the expiration of 60 days after the first consideration by the Commission, whichever is earlier. Such reports and recommendations shall be entered in and made ~art of the permanent written record of the City Council meeting. Council Action. Upon receiving the report and recommendation of the Planning Commission and the City Manager, the City Council maY, at its option set and hold a public hearing if deemed necessary and shall make findings of fact and impose any condition on approval which it considers necessary to protect the public health, safety and welfare, and shall make its decision as to the application. Votes Required. Approval of a request for text amendment Shall require passage by a 4/Sths vote of the full City Council, and a vote for a Conditional Use Permit, Variance or Appeal off a Zoning question shall require the affirmative vote of a majority of a quorum of the City Council present for the vote for passage. Notice to Applicant. The City Manager shall notify the applicant of the decision of the Council in writing, including any relevant resolution and findings which may have been passed by the Council. Reconsideration. Whenever an application for a Special Zoning Procedure has been considered and denied by the City Council, a similar application affecting substantially the same property shall not be considered again by the Planning Commission or City Council before the expiration of six months from the ~ate of its denial and any succeeding denials. However, a decision to reconsider such matter may be made by not less than 4/Sths vote of the full City Council at any time, or under Robert's Rules of Order. Termination of Special Zoning Procedure Approval. If the work or use authorized by a Special Zoning Procvdure has not been implemented within a year after final council approval, the said procedure shall automatically terminate unless a petition for extension of time to implement the use or complete the work pursuant to the Special Zoning Procedure has been granted by the City Council. Petition for extensions shall be made in writing and filed with the City Manager at least thirty days before the expiration of the S~ecial Zoning Procedure. There shall be no charge for the filing of a petition for extension. The petition shall include a statement of facts explaining the circumstances necessitating the extension. If a petition for extension is filed, the Council may terminate or modify the Special Zoning Procedure for non-use, after a hearing or hearings held in the same manner as for the original consideration of the S~ecial Zoning Procedure, including notice to the applicant and his successor in interest, if any. If after a hearing, the council determines that the be$is for approval of the original Special Zoning Procedure no longer exists, in whole or substantial part, the Council may terminate or modify the authority or use previously approved under the Special Zoning Procedure. 4-96 0726 84 OUTDOOR DINING STUDY C~ L.AW ~. PA. CORRICK & SONDRALL ~nb~ ~u~e O~ce P~ 8525 ~mb~k C~s~ S~ ~203 B~ ~ Mmn~ 5~3 ~ (~1~ ~1 L.AVO#NE E. ~ 9NA/~ON O. O~IBY December 18, 1991 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Outdoor Dining Ordinance Our File No. 99.40044 Dear Kirk: In follow up to the December 17th, 1991 Codes and Standards Committee meeting, please find enclosed a revised Outdoor Dindng Ordinance. The following changes were made to the Ordinance resulting from the discussions at the Codes and Standards meeting: Subdivision (h) is amended to provide a 36 inch walking aisle. The previous ordinance provided for a 42 inch aisle. Subdivision (o)(i) was amended to provide a 42 inch perimeter fencing for rooftop dining facilities. The previous height requirement was 36 inches. My notes indicated the Codes and Standards Committee wanted a 3½ foot high fence instead of a 3 foot high fence around the perimeter of any rooftop dining facilities. Subdivision (j) was amended to prohibit all storage of furniture on the public sidewalks between November 1st and March 31st. However, a sentence was added to exclude from this prohibition furniture that is either immovable or permanently fixed or attached to the sidewalk. It also requires that if an applicant is intending to use immovable furniture, the use of said furniture must be Mr. Kirk McDonald December 18, 1991 Page 2 approved through the site plan application process. As a result, I also amended paragraph (a) by requiring the applicant to disclose the type of furniture to be used in the outdoor dining area. Because of the amendment to subdivision (j), subdivision (i) has no purpose and as a result can be deleted from the proposed ordinance, Please review and let me know if these changes properly reflect the recommendations that were made at the December 17th Codes and Standards meeting, Very truly yours, Steven A. Sondral 1 slw2 Enclosure cc: A1 Brixius (w/enc) In the final version that goes to Council, I will change the lettering system to reflect the removal of subdivision (i). It is left in at this time simply to show the amendment. ORDINANCE NO. 91- AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ADDING SECTION 4.125 (8) ESTABLISHING A CONDITIONAL USE PERMIT PROCEDURE ALLOWING OUTDOOR DINING FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4.125 "Conditional Accessory Use, B-3" of the New Hope City Code is hereby amended by adding subsection (8) to read as follows: Outdoor Dining, Accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a 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 this Code. (e) All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(5) of this Code. (f) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the fo]lowing: (i) 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. (g) (h) (i) (j) (k) (1) (m) (ii) 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. (iii) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian Clear passage zone or pedestrian aisle shall have a minimum clearance of seven (?) feet above sidewalk. The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, attractive, and functional surface. A minimum width of ~ t, "-~- fA.~ .-r" ~ ~ ,-~, thirty-six (38) inches shall be provided within aisles of the outdoor dining area. Ne Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. e~ ~¢~-- mr~ ^--4' Sidewalk furniture that is immovable or permanently fixed or attached to the si dewal k shal 1 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 §4.125(8)(a) of this Code. No outside bar or cooking facility shall be established, only wait stations shall be allowed. Additional off-street parking shall be required pursuant to the requirements set forth in §4.036 of this Code based on the additional seating area provided by the outdoor dining area. 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. (n) (o) The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: (i) Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 8~ 42 inches to ensure the safety of persons/property. (ii) 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 this Code. (iii) The submitted plans for a roof top din ng facility as well as the building upon wh ch the proposed outdoor dining is to occur is 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. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1991. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Post the , 1991.) day of R B A P L A N G DES I G N Consultants, Inc. MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: PILE NO: Kirk McDonald Allan Hunting/Bob Kirmis/Alan Brixius 22 November 1991 New Hope - Outdoor Dining Study 131.00 91.12 BACKGROUND Upon review by Codes and Standards, a number of issues were raised regarding the possibility of allowing outdoor dining a5 shopping centers and freestanding restaurants. Three questions were raised and needed to be addressed. These questions are: Does sufficient parking exist at the shopping centers anh restaurants to allow for the expanded outdoor dining areas? Is there sufficient area on the shopping center sidewalks to accommodate outdoor dining? o How should the dining area and surplus parking be divided among the restaurants in the shopping centers? In response to these questions, our office has conducted a suu/i of shopping centers and freestanding restaurants to determine the feasibility of allowing outdoor dining at these existln~ locations. This study focuses on the City's major shopping centers, but includes other freestanding restaurants and their site loca~Lc:L potential for outdoor dining· The shopping centers included in the study are: 2. 3. 4. 5. Winnetka Commons Midland Center New Hope Mall Winnetka Shopping Center Post Haste Square 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 Attached for reference: Exhibit 1 - Study Area Exhibit 2 - Taco Johns, Subway Exhibit 3 - Bruegger's, Frankie's Exhibit 4 - Gung Ho Exhibit 5 - Kinh Do Exhibit 6 - Circus Exhibit 7 - Ole Piper Inn Exhibit 8 - Country Kitchen, Port Arthur Exhibit 9 - McDonalds, Vacant Building Exhibit 10- Taco Bell, Ponderosa Exhibit 11- Hardee's Exhibit 12- Full Service Restaurant Outdoor Dining Layout Exhibit 13- Self Service Restaurant Outdoor Dining Layout ANALYSIS In considering the acceptability of a request for outdoor dining, a paramount consideration is that of off-street parking. Regardless of the outdoor dining facility's location (within a shopping center or otherwise), the allowance of outdoor dining is to be treated as a building expansion comparable to the area consumed by the dining activities. In regard to outdoor dining facilities which are within shopping centers, off-street parking demands differ depending upon uhe type of dining (i.e., fast food versus full service). Fast food establishments within a center scenario typically have a high turnover and a clientele which likely may frequent other center establishments. The parking turnover rates for fast food establishments slows down with the introduction of availability of seating and in placing dining facilities. Full service establishments on the other hand, typically fulfill an entertainment role and are frequented solely for dining purposes. Full service restaurants have a significantly lower turnover rate than self service restaurants. Under the premise that outdoor dining is an expansion of usable floor area, a restaurant's parking requirements should reflec~ this increase. Since shopping center standards are not based cn specific uses, adding outdoor dining should be treated as a f!ocr area expansion of the shopping center facility. Consequently, a parking calculation should encompass the entire shopping center area (including outdoor dining) and apply the applicable shopping center standard. 2 Thus, outdoor dining should 0niY be allowed to the extent that a shopping center's off-street parking supply may accommodate the proposed increase in shopping center area. If a shopping center demonstrated a parking deficit, an obvious signal is brought forth that the" outdoor dining facility should likely be prohibited. Freestanding restaurants seeking outdoor dining on the other hand should be reviewed as an expansion to the dining area and where outdoor dining is allowed, parking must be expanded to acco~odate the additional dining area· According tO the New Hope Zoning Ordinance, the following parking requirements currently apply to shopping centers: 0-20,000 square feet of building area - ten spaces per one thousand square feet. 20,000-30,000 square feet of building area - eight spaces per one thousand square feet. 30,000 square feet and over of building area - six spaces per one thousand square feet. The following table provides a list of the malls included in the study, the size of the mall, the required parking and the supplied parking: Total Required Supplied Surplus/ Mall Size Parking Parking Deficit Winnetka Commons New Hope Mall Midland Center Winnetka Shopping Center Post Haste Square 42,554 230 246 + 16 91,800 495 450 45 70,502 380 474 + 94 92,630 500 514 + 14 22,000 158 164 + 6 As can be seen from the above table, all of the mall's suppi~, parking is in excess of requirements except the New Hope Mall, which has a deficit of 45 parking spaces. The following parking requirements service and full service restaurants: currently apply to sel= Self Service Establishments feet of seating area. one space for each 15 squat% Full Service Restaurant of seating area. one space for each 40 square fee- Any freestanding full service restaurant or self serv±ce establisb_ment wishing to provide outdoor dining shall be required~' to apply for a conditional use permit and conform to ail the requirements. In order to determine whether New Hope's parking standards adequately address shopping center parking, a comparison was conducted between New Hope's requirements and parking requirements set forth in the Institute of Transportation Engineers Parking Generation and APA's Off-Street 'Parking Requirements Study. Some standards noted in the APA report include: Five spaces for each 1,000 square feet of leasable area (Savanna, GA). Five and one-half spaces per each 1,000 square feet of gross leasable floor area (Albemarle Co, VA). Between 15,000 and 4,000,000 net square feet; four spaces per 1,000 square feet. The ITE Parking Demand Summary identifies at peak Saturday hours, for shopping centers of 50,000 to 99,000 square feet, the peak parking demand is 5.4 spaces per 1,000 square feet. The City's current parking standards for shopping centers are consisten~ with other national parking standards. Parking demand figures are generally developed using the highest peak parking demand possible. This highest demand time for retail shopping centers is typically between Thanksgiving and Christmas. The City's current standards are based on the same philosophy. Based upon observations of peak parking of a shopping center during Summer and existing parking standards, outdoor dining may be acceptable at all shopping centers except for the New Hcpe Mall, which experiences some daily peak over-parking demand. OUTDOOR DINING AREA According to a proposed Ordinance amendment relating to outdccr dining, a minimum passage of five (5) feet must be provided fcu pedestrians along the perimeter of outdoor dining areas. As such, outdoor dining may be provided only if at least a minimur. five foot width of sidewalk is retained for pedestrian circulation. 4 As a means of determining how much sidewalk area (in width) is required to accommodate both the outdoor dining activity and pedestrian circulation, an investigation of typical width allotments for outdoor dining facilities has been conducted. In many of the shopping malls under study, the parking lot layout is such that automobiles park perpendicular to the sidewalk. As such, additional sidewalk area must be allotted to account for the overhang of the parked car (typically two feet). The usable sidewalk area of the shopping centers must account for this automobile overhang. Utilizing standard two and four person table sizes, as presented in Architectural Graphic Standards (Ramsey and Sleeper, 1970), the following minimum sidewalk widths should be considered for full service and self service outdoor dining establishments <see Exhibits 12 and 13 for graphic depiction). Automobile Overhang FULL SERVICE SELF SERVICE RESTAURANT RESTAURANT Two Four Two Four Person Person Person Person Tab 1 e Tab 1 e Tab 1 e Tab 1 e 2 ' -0" 2 ' -0" 2' -0" 2' -0" Minimum Pedestrian Passage 5 ' -0" 5' -0" 5' -0" 5' -0" Table 2 ' - 1" 5 ' -9" 2 ' - 1" 5 ' -9" Ser~zice Aisle 3 ' -0" 3 ' - 0" ...... Total Width Required* 12'-1" 15'-9" 9'-1" 12'-9" * Totals do not include allowance for planters, etc. Exhibit 12 illustrates a design possibly for the dining area layout of a full service restaurant. The illustrated servica aisle is necessary to accommodate patron access to and from th~ restaurant. It is the opinion of our office that a 42 inch ais2, requirement, as in a draft ordinance amendment, is wider than necessary. A service aisle of 36 inches is more than adequate width. Tables could certainly be up against the building with the service aisle paralleling the pedestrian walkway. This graphic shows a need for a sidewalk width ranging from 12 feet tr 15 feet, nine inches for a full service restaurant. 5 Exhibit 13 illustrates a design for fast food outdoor dinin{.'-~ Since the food service is all inside and the patron carries his own food outside; we did not feel that a service aisle is necessary. There is still adequate width in the pedestrian walkway to allow a patron to access a table. This graphic shows a need for a sidewalk width ranging from nine feet to 12 feet, nine inches for a fast food restaurant. Our office recommends that the required service aisle width be reduced to 36 inches and that the need for the aisle itself be reviewed based on the nature of the business and that it not be required for all circumstances. A detailed application of the aforementioned dimensional standards has been applied to the City's shopping centers zo determine the adequacy of their sidewalk widths. SHOPPING CENTER DISTRIBUTION As applications come in for outdoor dining, the issue of how to equitably divide up any surplus parking for outdoor dining shculi be a function of the shopping centers themselves. This function should include allocation of existing parking and dining areas to the individual restaurants located in each shopping center or ~o identify one location which will serve as the outdoor dining area for some or all of the restaurants. By requiring the shoppin9 centers' owners to identify outdoor dining area, the City is involved then only in the physical characteristics of the site and buildings and does not control tenant mix within the shoppin~ centers and therefore, should not be involved with distribution of parking and dining areas. Amendments to the existing PUDs would help to accomplish this task in existing shopping centers. The shopping center owner shall identify in the PUD amendment actual sites for outdoor dining and the allocation of the surplus parking to the outdoor dining areas. The City will then be involved in monitorin~ compliance with the proposed outdoor dining ordinance and review of the general layout of each site. Our office recommends that the shopping center provide a specif~ - area for outdoor dining where possible and avoid scattering -he areas along the sidewalk which may unduly disrupt pedestrla~: traffic. Consolidating the dining areas is similar to the fcca court concept used in enclosed malls. Ail dining and seatin~ are provided in one location, providing easy access for the patrons and avoids disrupting traffic flows in the mall. 6 Outdoor dining at freestanding restaurants would be reviewed through the CUP process for conformance with the outdoor dinin? ordinance. The site is to be reviewed for such items as adequase parking, sufficient and safe outdoor area away from parking, and not separated by a drive lane. Mall Studies New Hope Mall (Exhibit 2). The New Hope Mall currently contains three restaurant facilities Taco Johns, Subway, and Applebees. The mall is provided a ten foot wide sidewalk around ~he building's perimeter. Based on the previous outdoor dining area discussion, the mall sidewalk may only accommodate self service restaurants with two person tables. Consequently both Taco Johns and Subway would be allowed outdoor dining activities, while the Applebees restaurant would not be allowed outdoor dining under existing physical conditions. Although sufficient sidewalk area may exist to accommodate limited outdoor dining, the mall's existing parking shortage may present limitations upon any proposed restaurant expansions. Win-etka Con~non~ (Ewhibit~ 3 and 4). The Winnetka Commons shopping center also contains three restaurant type uses- Bruegger's Bakery, Frankie's and Gung Ho. The shopping center exhibits a 12 foot sidewalk along the entire mall frontage, i~ should be noted, however, that a planter box located in fron~ cf the Gung Ho restaurant limits its adjacent sidewalk width ~c seven feet. Based on a strict interpretation of the outdocr dining area requirements, ample area exists to conduct outdocr dining (self service/two person tables) for Bruegger's Bakery and Frankie's. The Gung Ho restaurant does not have sufficiens adjacent sidewalk width to conduct outdoor dining activities. Winnetka Commons has sufficient parking to accommodate existin~ mall uses. There also appears to be an adequate parking supply to accommodate outdoor dining. Midland Shopping Center (Exhibit 5). The Midland Shopping Center contains only one restaurant facility in the Kinh Do restaurant. The said restaurant is fronted by 25 feet of sidewalk width anh thus, may be allowed full service outdoor dining with two or four person tables. The Midland Shopping Center currently supplies sufficient parking supply for the entire mall demand. It appears the existing parking is sufficient to handle outdoor dining. 7 w~.nnetka ShoDpin~ Center (Exhibit 6). The Winnetka Shopping Center includes two restaurant facilities - Circus and Zappy's Pizza. The mall holds a 15 foot sidewalk and thus, may accommodate all self service outdoor dining activities and full service activities for two person tables. The Winnetka Shopping Center provides sufficient parking for the mall uses and can adequately accommodate outdoor dining. Post Haste S~uare (Exhibit 7), The Post Haste Square, which contains the Ole Piper Inn, is an older mall with only nine foot sidewalks. These sidewalk widths would not provide sufficient width for seating. Thus, any outdoor dining should be discouraged'at this facility. Freestanding Restaurants A survey of the existing freestanding restaurants was conducted to determine the potential for outdoor dining at each of these locations. McDonald~ (Exhibit 9). The McDonalds restaurant is located at the corner of 42nd Avenue and Winnetka Boulevard in the New Hope Mall parking lot. The existing site layout does not lend itself to any outdoor dining. There is no large vacant area adjacent to the building. Vacant Building (Exhibit 9). There is a vacant fast food building located in the Midland Center parking lot. The iaycu5 of this area also does not provide any area for outdoor dining. ~ard~'s (Exhibit 11). Located across from the New Hope Mall, this restaurant has existing outdoor dining. Cott~_~ry Kitchen (Exhibit 8). Located on 42nd Avenue, it has a large green space in t'he front yard which could accommodate outdoor dining. Por~ Arthur (E~hibit 8). Located across from Country Kitchen, also has a large front yard which could accommodate outdoor dining. Taco Bell (Exhibit 10). Located on Bass Lake Road near Marylan~ Avenue, it currently has outdoor dining tables in front of z'z.-. restaurant. Ponderosa (Exhibit 10). Located adjacent to Taco Bell, restaurant appears to have some limited space for outdoor dining. CONCLUSION In review, our office feels the concerns facing each shopping center in regards to outdoor dining include adequate existing parking, sufficient sidewalk space, and an equitable review process for each restaurant to have outdoor dining should they so choose. Based upon the preceding review, all of the shopping centers appear to have enough parking to allow for outdoor dining except for the New Hope Mall which is under supplied. The added demand for parking may not be appropriate for this mall. Sidewalk width is sufficient at all shopping centers except Post Haste to allow for some type of outdoor dining. The shopping center owners should be required, through the PUD process, to designate the location and amount of outdoor dining allowed so the center is in charge of determining which areas of sidewalk and which restaurants may be the most appropriate for this use. pc: Dan Donahue Doug Sandstad Steve Sondrall City of New Hope WINNETKA SHOPPING CENTER SINGL[: FAMIly R[SIOENTIAI. SIN~.E ANO TWO FM~Y N~SIOENTIA~ ~,~ M~OW 0[NSITY R~SI0[NTIAL HIGH O~N$1TY R~SIO~NTIAL ~-4 SENIOA CITIZEN RESIO[NTIA~ LiMIT[D N~IGHBORH~O BUSIN[5S ~-~ RETAIL BUSINESS AUTO ORIENT~O ~U5IN~SS COMMUNITY BUSINESS LIMITEO INOUSTRIAL :-, G(N(RAL INOUSTRtAL FL~O ~AIN W~T kANO COMMONS MIDLAND SHOPPING CENTER ~r"~~o~hwest -Associated '-~ Consultants, inc. EXHIBIT 1 - STUDY AREA lllR(~I'R TACO JOHN'S CHIROPI~ SUBWAY EXHIBIT 2 - TACO JOHN'S/SUBWAY (NEW HOPE MALL BRUEGGERS FRANKIES EXHIBIT 3 - BRUEGGERS/FRANKIES (WINNETKA COMMCt'~S~ EXHIBIT 4 - GUNG HO (WINNETKA COMMONS HDO~I EXHIBIT 5 - KINH DO (MIDLAND SHOPPING CENTER} EXHIBIT 6 - CIRCUS (WINNETKA SHOPPING CENTER) EXHIBIT 7 - OLE PIPER INN (POST HASTE SQUAREi Il' COUNTRY KITCHEN PORT ARTHUR EXHIBIT 8 - COUNTRY KITCHEN/PORT ARTHUR (CITY CENTER McDONALDS VACANT BUILDING EXHIBIT 9 - McDONALDS, VACANT BUILDING TACO BELL PONDEROSA EXHIBIT 10 - TACO BELL, PONDEROSA HARDEE'S EXHIBIT 11 - HARDEES FULL SERVICE RESTAURANT TWO PERSON TABLE FOUR PERSON TABLE PARKING LOT AUTOMOBILE OVERRANG ~ MINIMUM PEDESTRIAN PASSAGE __q :::::::::::::::::::::::::: SERVICE AISLE L PARKING LOT AUTOMOBILE OVERHANG MINIMUM PEDESTRIAN PASSAGE 12'- 1' WII~TH REQUIRED 15'-9' ~/IDTH REQUIRED NOTE: TABLE AREA AND SERVICE AISLE AREA MAY BE INTERCHANGABLE EXHIBIT 1 2 SELF SERVICE RESTAURANT TWO PERSON TABLE FOUR PERSON TABLE PARKING LOT PARKING LOT 9'-1' WIDTH REQUIRED 12'~9" ~(/IDTH RE~QUIRED EXHIBIT 13 ~J I~ I A p i N G · D E S · M A /~ K E ? iq E S E .& ~ C , TO: FROM: DATE: RE: FILE NO: Kirk McDonald Kyle Brown/Alan Brixius 10 September 1991 New Hope - Outdoor Dining Study 131.00 91.12 The City has received a number of requests from eating establishments wishing to provide outdoor seating and service within the City. These restaurants are located within a number of cu~m,ercial shopping centers, including Midland Shopping Center, City Center, and Winnetka Co~,~,ons. Ail of these locations are zoned B-4, Community Business. The current Zoning Ordinance allows restaurants as a permitted use, and drive in and convenience food establishments as a conditional use within the B-3 and B-4 Districts. However, neither of these uses identifies outdoor dining as being allowed. Furthermore, outdoor sales, which may possibly include outdoor dining, is allowed as a conditional accessory use within the Zoning District, however, not within the B-4 Zoning District. Based on these considerations, the current Ordinance does not provide for outdoor dining in the B-4 Zoning District at the present time. The a~ropriateness of outdoor dining must be considered in the contex~ of the existing land use situation, and the zoning district(s) intent. In light of the fact that the curren~ requests for outdoor dining pertain to existing businesses tn existing shopping centers, the feasibility of outdoor dining mus~ be considered for these specific areas. These shopping centers were not originally designed to accon=nodate outdoor dining cr storage. A~ a result, the sidewalks in front of the premises are generally narrow. Therefore, depending on the specific location of the outdoor dining, there may not be adequate space to provide the desired seating area. 5775 Wayzata Blvd.-Suite 555 .St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 Ano:her issue which mus: be considered wi:h regards to existing~_~, operations is the equity in parking provisions. Although not expanding the size of their structure, these businesses are expanding their operations. The existing shopping center parking lots do not account for this expansion. Ensuring the provision of adequate space and parking, are issues which must be considered in determining the appropriateness of this request. The zoning district provisions must also be considered in this matter. Based on the zoning district purpose statements, it appears that outdoor dining areas would be generally consistent with the B-3 and B-4 Zoning Districts. However, in order for outdoor dining to function in a manner which is compatible with the restaurant and the surrounding facility, a number of factors must be sufficiently addressed. These factors include the type of outdoor service provided, the size of the dining area, a sanitary dining environment,, screening, lighting, surfacing, pedestrian circulation, and refuse. With these considerations in mind, the City must make a policy decision as to whether or not these outdoor dining activities are appropriate as an accessory use within the B-3 and/or the B-4 Zoning Districts. If the City determines they are an appropriate accessory use, we offer consideration of the following factors in order to ensure co~atibility with surrounding uses and high quality performance. True of Service. Of central importance in regulating this accessory use is the determination of the type of service provided for the outdoor dining. The area may consist of self- seating tables where patrons order and pick up food inside the building, or the outdoor dining may be an extension of a more formal restaurant which would provide table waiting service for ~the outdoor area. The applicant must identify the type of service provided in order for it to be properly evaluated. Currently only fast food establishments have inquired into the outdoor dining areas. ~ The size of the dining area is also of concern. the intent is that =he outdoor dining is an accessory use on site, =he area should be smaller than the area provided the principal structure. The Zoning Ordinance limits outdo~ sales areas in the B-3 District to a determined percentage of gross flo~r area of the principal use. It is recommended this fig%Ire or a similar limit be placed upon outdoor din!hr areas. An option =he City has is to limit the outdoor area determined percentage of =he entire principal use floor area, 30 percent of =he customer area within the principal use. latter provision would ensure that outdoor seating establishments which are principally take-out in nature provide only a small customer area in the facility, did constitute the majority of dining area for the business. ~m_~ili~y. In order for the outdoor dining to be compatible with the surrounding neighborhood, its potential effects muse also be addressed. As is provided for outdoor sales within the Ordinance, outdoor dining should be screened from adjacen~ residential uses, and any lighting which is provided must be hooded and directed away from public right-of-way and neighboring residences. Another compatibility issue which must be addressed is pedestrian circulation. Frequently, outdoor dining in shopping centers occurs along the sidewalk in front of the principal use. The applicant must demonstrate through a site plan and/or other information, that the outdoor dining will not disrupt pedestrian circulation along the sidewalk, nor does it block access to any building entrance. A five foot wide pedestrian way is needed to provide uninterrupted foot traffic. Additionally, the pathway should have a clearance height of at least seven feet. ~ The surfacing of the dining area must be level and of a material which is designed to accommodate heavy foot traffic, tables, and chairs. It must also be a material which can be cleaned easily and provides adequate drainage. It is therefore recommended that the dining area be surfaced with concrete, bituminous, or some form of decorative paver. Dining Ar~ Desi=n. The layout of the dining area must provide ample room for movement of people. AS such, a minimum width cf 42 inches should be provided for aisles within the dining area. The furniture for the dining area should be movable to allow for removal from the sidewalk in the evening, and during the winter months. Furthermore, no cooking or bar service should be provided outside for health and safety reasons. All requests should also be subject to review and co~ent by the Cizy Sanitarian. P~kdun~. The outdoor dining area cannot utilize existing parking spaces necessary to fulfill parking requirements for the principal use. Furthermore, the parking requirements for the use must be adjusted to account for the additional seating. ~efufe. If the outdoor dining area is a self-serv~ue establishment, the applicant must demonstrate the provision refuse containers to service the outdoor area. Such container~ must be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowzn? litter resulting from wind. As stated in the Analysis section of this report, the decision to allow outdoor dining in ~New Hope is a policy matter in which the City must consider the ability to provide outdoor seating for existing facilities, and the appropriateness of the use within the context of the Zoning Ordinance· Although the current Ordinance does not address outdoor dining, it does address outdoor sales. Many of the provisions regarding sales are applicable to outdoor storage, however, additional items such as access, circulation, and refuse must also be addressed· It is therefore recommended that, if deemed appropriate, outdoor dining be allowed as a conditional accessory use to restaurants and convenience food establishments in the B-3 and B-4 Zoning Districts, provided the following: The applicant submit a site ~lan and other pertinent information demonstrating the location of all tables, refuse receptacles, and wait stations. 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. The size of the dining area is restricted to a certain percentage of the total floor area of the principal use, or customer floor area within the principal structure. The dining area is screened from view from adjacent residential uses in accordance with the Zoning Ordinance requirements. All lighting be hooded and directed away from adjacen~ residential uses in accordance with the Zoning Ordinance requirements. The applicant demonstrate that pedestrian circulation is nc~ disrupted as a result of the outdoor dining area ~y providing the following: A. Cafe area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, etc. B. Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) fee~ without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, etc. 10. 11. 12. 13. 14. Ce 0verstory canopy of tree/umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, attractive, and functional surface. A minimum of forth-two (42) inches shall be provided within aisles of cafe. Furniture and enclosed perimeter shall be movable to allow for seasonal changes. Furniture shall be removed daily off of sidewalk. No storage of furniture on sidewalk shall be allowed between the months of October and April. No outside bar or cooking facility shall be established, only wait stations shall be allowed. Increased parking requirements shall be addressed pursuant to Ordinance requirements. 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. The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. If the City desires to draft an amendment based on the above requirements, Ordinance language can be prepared for the amendment.