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020492 Planning2. 3. 3.1 3.2 3.3 3.4 4.1 4.2 5. 5.1 6. 6.1 6.2 6.3 6.4 AGENDA PLANNING COMMISSION MEETING OF FEBRUARY CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER 4, 1992 ROLL CALL PUBLIC HEARINGS 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 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) Case 92-02 Request for Variance to the 35-foot Rear Yard Setback Requirement to Allow Construction of a 3-season porch, 3433 Gettysburg Avenue North, Michael and Theresa Gray, Petitioners Case 91-15 Adult Entertainment Ordinance Pertaining to Adult Use Zoning and Adult Use Licensing in New Hope COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Approval of Planning Commission Minutes of January 7, 1992 Review of City Council Minutes of December 23, 1991, and January 123, 1992 Review of EDA Minutes of December 23, 1991, and January 13, 1992 Review of HRA Minutes of September 23 and October 28, 1991, and HRA Executive Session Minutes of September 23, 1991 ANNOUNCEMENTS 8. ADJOURNMENT CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Ix)cation: PID No.: Zoning: Petitioner: Report Date: Meeting Date: 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 6144 West Broadway 05-118-21-21-0035 B-3 (Auto-Oriented) Super America Group January 31, 1992 February 4, 1992 UPDATE This report is intended as an update on the plans/issues regarding Super America's request to construct a new service station at the southeast intersection of West Broadway and 62nd Avenue North and should be used in conjunction with the original report/ attachments (enclosed) that was prepared for the December 4th Planning Commission meeting. The original application included requests for 5 items: B. C. D. Eo Site/Building Plan Review Approval, Conditional Use Permit to operate a convenience store with gasoline Conditional Use Permit for exterior sales, A 17-foot Variance from the 35-foot rear yard setback requirement to locate the building 18 feet from the south rear yard property line, and A request for 24-hour operation (City Code limits hours of a convenience store with gasoline in a B-3 Zoning District from 6:00 a.m. to 12:00 p.m. unless extended by the City Council). 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 or landscaping on south side for sight and noise buffer F. S.A. to provide traffic data G. S.A. to meet with residents on concerns Super America was unable to attend the December 19th Design & Review meeting in preparation for the January Planning Commission meeting, therefore the case was tabled in January until February and property owners within 350' of the site were so notified. Planning Case Report 91-37 February 4, 1992 Page ~2- ge Subsequent to the December Planning Commission meeting, when a petition was presented in opposition to the construction of a Super America convenience store/gas station by some of the residents of the Anthony James Apartments, the City has received additional correspondence from residents in the area - all in opposition to the new station. Major concerns cited in the letters include increased traffic, possible increase in crime, noise, hazard to school children, litter, 24-hour operation, and impact on/loss of other small businesses in the area. A second petition was also received from the owner of Woody's Superette in opposition to the request signed by 539 persons. All correspondence received is attached to the report and staff recommends that it be officially entered into the record at the meeting. Design & Review met with the petitioner on January 16th and the following issues were discussed: traffic analysis presented, increased landscaping on south and east side of property requested, elevation and topographic drawings presented showing distance to adjacent structures, direction of vehicle headlights/impact on adjacent buildings, withdrawal of 24-hour operation request, height of outdoor sales items, results of neighborhood meeting, lighting and security. Revised plans were submitted as a result of the meeting. Hours of Operation- As a result of the meeting between Super America and neighborhood groups, S.A. has decided to withdraw their request for 24-hour operation and will comply with the limitation in the Zoning Ordinance. Staff had indicated that a survey would be conducted regarding hours of operation at other stations in New Hope and said survey is attached to this report. What staff found is that the stations located in the B-1 and B-2 Zoning Districts are not limited as to hours of operation - only those located in B-3 and B-4 Districts are limited. This issue has been referred to the Planning Consultant for comment. Staff also researched Planning Case 83-11, the CUP for the convenience/gas station at 6113 West Broadway (now Woody's), and our reading of the minutes shows no comment or request in regards to 24-hour operation. Meeting with residents -On December 17th, Super America met with the residents of Anthony James and Broadway Village, as requested by the Commission, to discuss the residents' concerns. The major issues discussed were traffic, noise, and crime and the 24-hour request was withdrawn in response to these concerns. The S.A. Zone/Area Manager will be present at the 2/4 meeting to discuss crime and security. Traffic Data - Super America has provided the requested traffic data in the attached report prepared by Barton-Aschman Associates, Inc. rifled "Traffic Characteristics of Convenience Store with Gas Pumps". The conclusions of the report are that: A. Convenience stores with gas pumps do not generate significant new traffic volumes on the street system. B. Approximately 87% of the traffic entering/exiting the convenience store with gas pumps site is already on the street passing by or near the facility. C. 80-90% of the approach/departure traffic to a convenience store with gas pumps is via a major street passing by the site. D. The impact of a convenience store with gas pumps on the residential street system is not significant since the amount of new traffic generated is small through all periods of an average day and since primary approach and departure to the site is via a major arterial route. Planning Case Report 91-37 February 4, 1992 Page -3- 10. 11. 12. Distance to Nearby Buildings - Super America has provided the enclosed elevation drawing showing that the distance (at the closest point) between the new station and the townhouses to the east is 76 feet. The topo map prepared by staff confirms that distance and the distance (at the closest point) between the new station and Anthony James Apartments to the south is 222 feet. Revised Plans -The petitioner has provided revised plans showing increased landscaping, as requested at Design & Review. The lilacs on the east side of the property have been replaced with techny arborvitae (coniferous tree-like shrubs) and additional junipers have been added to improve the screening effect. Junipers have also replaced lilacs on the southside for improved screening. All green areas will be sprinkled. Outside Storage - Staff has requested a revised 1/4 scale floor plan illustrating the exact outdoor sales location limits for clarity, which the petitioner has provided. The total outside sales area totalling 180 square feet in 3 locations is now clearly shown on the site plan. Petitioner confirmed at Design & Review that sales items would not be stacked higher that 4 feet. Regardless of the hours of operation at the convenience gas/store, staff has a real concern about the approval of outdoor sales, how it will impact the appearance at that corner, and the precedent that may be established. Now, in light of the fact that the 24-hour operation request is being dropped, staff questions the need and practical application of "outside sales" which would have to be hauled in and out of the building twice per day. Staff commends the petitioner for their cooperation on this application. Numerous revised plans have been prepared that have incorporated the majority of the recommendations made by staff, Design & Review and the Commission. The petitioner has made every effort to address the concerns of neighboring properties. This site is zoned for an auto-oriented use and a new development will be a significant improvement over the existing vacant building/unkept site. RECOMMENDATION Staff recommends approval of the conditional use permit for a convenience store/gas station in a B-3 Zoning District, a rear yard setback variance, and site and building plan review/approval subject to the following conditions: 1. Annual inspection for CUP required by staff. 2. Performance bond required for site improvements including landscaping, curbing, and retaining wall. Staff recommends that the Commission give serious consideration to the CUP request for outdoor sales and discuss the need for outdoor sales with the petitioner in light of the fact that the store will not be open 24 hours. Staff is concerned about the impact that outdoor sales will have on the appearance of this site. Planning Case Report 91-37 Febraury 4, 1992 Page -4- Attachments: Topo Map Notice to Residents Revised Site Plan Revised Landscape Plan with Schedule Revised Outdoor Sales Area Elevation/Distance Sketch Topo/Distance Sketch Traffic Study Convenience Store/Gas Survey Correspondence/Petitions 12/4/91 Planning Commission Minutes Re: Super America 1983 Minutes re: Planning Case 83-11 December Planning Report/Attachments X 2.8 X 875. 871.7 NORTH X 869.3 871.5 x 868.7 ~----~869,3 X 871 .0 871 .2 X 870,4 4xlO 1 Xylon A venue North New Hope. Minnesota 55,~28 Phone: 531-51 O0 FAX ,6~2' 53' 5'-- 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 &t the Januar~meeting an~ eontimue~ until the Februar~ 4, 1992, Pls--inq 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 KMIjf Family Styled City ~ For Family Living H~uON 0 PU~9 62nd, AVENUE~'~ TYP. NORTH '\ 27' EXIST. APPROACH \. 150.00' - -- NOTE: CANOPY '4'X36' CANOPY ~' 30® 20' SUPERAMERICA STATION / STORE 60'-0' x 39'-0' L CC MASONRY BLDG. (INT. DIMS.) HOTE: ACCESS TO ROOF BY A SHII"S LADOER. RETAINING WALL AREA 41' SETBACK 62nd .o AVENUE N( ~RTH PLANT MATERIAL 5UPERAN ....... N jiiiZ I Ill ,.,,,. .... ,...~..... 62nd AVENUE N. & W. ~FIOADWAY .,.,, --~ICA ..... ,~w ~,~. ,~O~A --. ,........, ,~,,,,. //4375 I i 62nd AVENUE~ NORTH ~' ,, 5 ARBORVITAE 27' EXIST. APPROACH 20' 74'x36' CANOPY SUPERAMERICA STATION/STORE ~O'-0~ z 3g'-o' L CC MASONRY B/DG, (INT. DIMS. .... RETAININ( 10' SE T BACK LANDSCAPE PLANT MATERIAL QUANT, COMMON NAME · 4- /~-~T~~ P~--P ~. I ,~,.u ,~-r' tF...~,,m..~ 3] SL 17- OUT~IDE I1 OF LE CHECI Barton-Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Minneapolis, Minnesota 55401 USA Phone: (612) 332-0421 Fax: (612) 332-6180 January 15, 1992 Mr. Michael O'Donnell SuperAmerica Division of Ashland Oil, Inc. 1240 West 98th Street Bloomington, MN 55431 Re: Traffic Characteristics of Convenience Stores With Gas Pumps Dear Mr. O'Donnell: Convenience stores with gasoline pumps have expanded significantly in the past 10 years due primarily to the fact that these markets offer self-service gasoline and convenience grocery goods in a readily accessible location with fast service. Barton-Aschman Associates, Inc. has conducted numerous studies and analyses of these facilities, throughout the United States and particularly in the Minneapolis-St. Paul metropolitan area to determine the impact of the development on the transportation system and adjacent residential areas. The Barton-Aschman studies include virtually all types of convenience store/ gasoline pump operations including those operated by SuperAmerica. Because, in many instances, convenience store/gasoline pump facilities appear to be highly active with vehicles continuously entering and exiting throughout the day, it appears that these facilities generate significantly more traffic Barton-Aschman Associates, January 15, 1992 Page 2 than other commercial activities. Consequently, some studies have required more, in-depth surveys and analysis of traffic characteristics to accurately assess impact on transportation systems and residential areas. This document is a summary of facts determined and conclusions reached on traffic characteristics and impact of convenience store/gasoline pump facility operations. SITE CHARACTERISTICS Convenience stores with gasoline pumps are primarily located on major arterial streets and highways so that they are readily accessible to vehicular traffic passing by. The facilities generally consist of a convenience store of size ranging from 1,500 square feet to 4,000 square feet with 6 to 12 gasoline pumps located on two to six pump islands. An automated car wash is frequently included with the facilities. The size of new development sites has increased through the years to the extent that they are now approximately two to three acres in size to conveniently and safely accommodate maneuvering of general vehicular traffic as well as large fuel delivery vehicles. The facilities generally operate a minimum of 16 hours per day with many operating 24 hours per day. -.'~ Barton.Amchman A$mociates, Inc. January 15, lgg2 Page 3 DEFINITIONS Terms used in this report are defined as follows: · Convenience Store With Gas Pumps A store that sells convenience food items, gasoline products, and other car products that is normally open 16 to 24 hours per day. It has self- service gas pumps with a store of gross floor area of 1,500 to 4,000 square feet. One person manages the store. · Trip Single or one direction vehicle movement with either the origin or destination inside the study site. · Trip Ends The total of all trips entering plus all trips leaving the site over a given period of time. Barton.As~hman Associates, Inc. January 15, 1992 Page 4 · Primary Trips Trips from home, work, or school to the convenience store that returns directly' to the point of origin. The trip's only purpose was shopping at the convenience market. · Diverted Linked Trips Trips in which the stop at the convenience store is part of a sequence of two or more stops within the total trip and where the stop at the convenience store required a route diversion from the route that would otherwise be followed if a stop at the convenience store were not made. · Non-Diverted Linked Trips Trips in which the stop at the convenience store is part of a sequence of two or more stops within the total trip and where the driver is already travelling on the street on which the convenience store is located. Barton.Aschman Associates, Inc. January 15, 1992 Page 5 SITE ACCESS Convenience stores with gas pumps are generally located on high traffic volume streets (15,000 to 25,000 vehicles per day) because the major part of their business comes from vehicular traffic passing by. Developments try to obtain as much primary ingress and egress to their site from the main street as possible to facilitate access to the site. In instances where primary ingress and egress facilities are located on the main street, traffic studies and observations indicate that approximately 80 percent of the traffic enters the site from the main street and exits back to the main street traveling in the same direction that they were originally headed. In instances where access to the main street is restricted by medians, other traffic controls, or by the agency having jurisdiction over the roadway, use of an adjacent minor street may-be required for ingress or egress. However, studies and observations indicate that even where access is restricted or circuitous, approximately 80 percent of the traffic to a convenience store with gas pumps approaches and departs the facility via the adjacent major arterial street for the major part of the trip. This pattern holds true during the A.M. and P.M. peak hours as well as midday and nighttime hours. B&rton.AschmanAssociate$,lnc. January 15, 1992 Page 6 TRAFFIC CHARACTERISTICS Trip Volumes Average trip generation per site is as follows: Time Period Morning Peak Hour Noon Peak Hour Evening Peak Hour Weekday Trip Ends 100 100 130 1,300 Range 50T145 60-160 90-200 800-2,400 The above trip ends volumes are based on actual surveys and observations conducted by Barton-Aschman in the Minneapolis-St. Paul metropolitan area and include existing SuperAmerica facilities. Trip Type To determine the real impact of trip generation by a convenience store with gas pumps, interviews were conducted with patrons at a few existing facilities to determine the primary purpose of their trip and their approach and departure routes. The results of those surveys indicate that most of the morning trip origins are home-based with the trip Barton.Amchman Associates, Inc. January 15, 1992 Page 7 destination being work. The origins and destinations during the noon hour were evenly split between home and work trips. In the evening peak hour, Most of the trip origins are work-based with the trip destination being home. On average, only 10 to 13 percent of the total traffic entering a convenience store/gas pump site is a primary trip where the convenience store was the primary destination. This percentage of primary trips holds true during the morning peak, the noon time, and the evening peak hours as well as on a daily basis. General Trip Summary A summary of trip type to .convenience stores with gasoline pumps is as follows: Percentage of Total Traffic Morning Peak Noon Evening Peak Trip Type Average Range Average Range Average Range Primary 6 0-10 13 9-17 13 5-21 Diverted Linked 30 12-38 25 14-33 25 9-34 Nondiverted Linked 64 58-85 62 50-70 62 55-83 Barton.Amchman Associates, Inc. January 15, 1992 Page 8 CONCLUSIONS Convenience stores with gas pumps do not generate significant new traffic volumes on the street system. Surveys indicate that only approximately 13 percent of the total traffic entering and exiting a site have the convenience store as a primary destination. Approximately 87 percent of the traffic entering and exiting the convenience store with gas pumps site is already on the major arterial street passing by or near the facility during all times of an average day including the morning peak hour, the evening peak hour, noon time, and daily. Eighty to 90 percent of the approach and departure traffic to a convenience store with gas pumps is via the major arterial street system or systems passing by the site. The impact of convenience store with gas pump operations on the transportation system or on the residential street system is not significant since the amount of new traffic generated on the street is small through all periods of an average day and since primary"~pproach and departure to the site is via a major arterial route. Barton-Aschman Associates, Inc. January 15, 1992 Page 9 The foregoing general analysis of convenience store with gas pump traffic operations and impact is based on specific studies conducted by Barton-Aschman throughout the United States and in the Minneapolis-St. Paul metropolitan area as well as other studies conducted in various parts of the United States. Si ncere~ly, David R. Kosk~/P.E. Principal Assodiate DRK:dmv TO: KIRK McDONALD ~ FROM: DOUG SANDSTAD DATE: DECEMBER 19, 1991 SUBJECT: SUPERAMERICA; PLAN CASE 91-37, 6144 West Broadway CONVENIENCE STORE/GAS SURVEY I have completed a local "Convenience store/gas" survey at your request. The purpose was to evaluate how they differed in days, hours and variety of services.offered. I have attached two exhibits, "A" and "B", to illustrate the situation. Please note that there are ten active convenience store/gas operations (some without gas) open for business, today. Two are open for business for 24 hours and three others are allowed to be open for 24 hours, since they are a Permitted Use in the B-1 or B-2 Zone. In one sense, then, 50% of our businesses are 24 Hour operations. It is clear that some owners choose not to have three work shifts and a 24 hour business for various reasons. It is not clear if any of the present owners of the 17 hour stores would like to he-open 24. hours. City code does allow them to request Council approval of that specific extended hour detail. My re- reading of Plan Case 83-11,(6113 West Broadway CUP) shows n__o comment in the minutes of hours of operation. The ordinance was changed during this plan case process and the owner agreed to the new code at the time. The current owner of this store has the right to ask for extended hours. There are two inactive sites, 6026 West Broadway (Tom Thumb closed this recently after some major theft problems) and 6144 West Broadway, former gas station proposed to be the new Superamerica. The latter did not seek a CUP for convenience sales,until SA entered the picture.with a purchase offer. Exhibit "B" is interesting because of the curious location of ADJACENT CITX 24 HOUH CONVENIENCE STOHES, indicated by a circle. Golden Valley, Plymouth, Crystal and Brooklyn Park each are siphoning our New Hope dollars between midnight and 6:00 AM,from five stores within 200 feet of our city.limits. CORRESPONDENCE RECEIVED RE: SUPER AMERICA STATION CONSTRUCTION WEST BROADWAY/62ND AVENUE NORTH Name/Address Concern Neil Flom 6040 West Broadway Increased traffic Shirley Fredrickson 6100 West Broadway Increased traffic, crime, and noise Viva Thistlethwaite 6042 West Broadway Increased traffic, noise, and possible crime J.F. Anderson 6100 West Broadway Location of school, increased traffic ® Marvyl Mickelson 6100 West Broadway Increased traffic, crime, loss of small businesses Joanne Murphy 6056 West Broadway' Noise, possible crime, increased traffic, hazard to school children ® Shirley Sanders Broadway Village Safety and noise Previous petition received in December, Dorothy Bamford, Manager, Anthony James Apts., signed by 46 residents Noise, increased traffic, litter, probable crime e New petition received 1/31/92 from Woody's Super·rte, signed 539 persons (customers?) Closing of businesses in area 13, 1992 Mr. Kirk McDonald Management Assistant New Hope City Hall Xylon Avenue North New Hope, Minnesota 55428 I am a resident of Broadway Village and am concerned about the proposed Super ~merica Staton on the corner of West Broadway and 62nd Avenue. Broadway Village is a very nice place to live and home to many elderly residents. We would like to keep it this way and I, for one, do not want a Super America in this area. I feel the noise and poss~ible crime associated with this proposal is too great a risk. Also, I feel it will be a hazard to the school children who already have to deal with the busy traffic on West Broadway. You can hardly cross the street of pull out of the driveways onto Broadway now, and a Super America would add to the congestion. I appreciate the opportunity to express my opinion concerning this proposal. Sincerely, 6056 W. Broadway #10 New Hope, MN 55428 J~H--14--92 TUE 3anuary 3, 1992 To Whom [b Hay Concern: ! am a resident at Broadway Village APt. Homes, ! moved here about a yc&r &SO ~rom North Minneapolis, after living there for 26 years, zhe reason ! uoved was fear, noise and my need for peace and ~uiet. ! would hate to thin~ thaC by having · twenty- ~our hour store opening u~ tn ny neighborhood would cause concerns of seEety and ! will once again be ~aced with the coaditton~ I so desperately aovea away ~roa. ! ask you to co~s~der the residents o~ this neighborhood and then dec,de 2t this ts the best place ~or a 2& hour store. Due mac,lng. work schedule, I aB unable to a~end the Thanks, D~CIMBER 4, 1991 - ATTENTION= PLANN~ COMHISION-KIRK MCDONAL£ MGMT. ASST. A PETITION BE IT KNOWN THAT WE, THE RESIDENTS 0F:~I~'A~THONY JAMES APARTMRNTS LOCATED AT ~100 WE~T BROA~T, DO STRONGLY ' OPPOSE THE INTRUSION IN OUR LIVES WHXCH WILL BE CAUSED BY THE PROPOSAL OF SUPEK-AMERilCA TO BUILD A OAS STATION/STORE ~'~ ON OUR CORNER- WE YEHEMENTL~ OBJECT'~'THEIR BEING OUR N~IGHBOR. WHEN W~ RENTED AT THE ANTHON~ JAMES WE NERE VERY HAPPY ABOUT THE LIFESTYLE IN A QUIET NEI(~BORHOOD-~'THE' BEAUTIFUL CITY OF NEW HOPE. : WE FEEL T~AT AS SENIORS WE'H~¥'E'''PAI~P'~t'-'DUE~'= SO-TO SPEAK AND DESER¥~ A NICE NRIOHBORHOOD IN WHICH TO SPEND OUR FINAL YEARS. THE NOISE, kDDED TRAFFIC~ LI~R-AND ~8'"PROBABLY CRIMP'THAT WILL ~ESULT WIlL CAUSE US HUOH UNDO STItESS AND HINDER OUR DESERVED AFFIX OUR SIGNATURES THIS TO .~1,78 ' E IS A BENEFACTOR RESIDENTS PAY TRIS TAX. THEtCITY OF !~ HOP OF A GOOD SHARE. OF THATAMO~IHT ....................................... · oF wwopE TO STOP PSBASE, WB PLEAD WITH TH~ CITY ..... XNTRUSION ~N OCR COMMUN.~I~- .......... WE,THE RESIDENTS OF THE_~TH~JNY .J~E~ ..~HKNT3 DO H~KEBY DAY OF ~BCEMBEK, 1991. --' ':: ...... U ~0 ~:1... 25, 27. 28. 30. 31. 32 33. 34 DECEMBER 4, lgg1 - ATTENTION: PLA.N'N~I~(~ COMHISION-KIRK MCDONA._ A PETITION " MGMT. ASST. BE IT KNOWN TI~ WE, THE RESIDENTS Or':'~'ANTHONY JAMES APARTMENTS LOCATED AT 6100 W~ST' BROA~T. DO STRONGLY OPPOSE THE INTRUSION IN OUR LIVES ~I~ WILL B~ CAUSED ~Y THE PROPOSAL O~ SUPEK-AME~ICA TO BUILD A ~AS STATION/STORE " ON O~ CORNE~. ~ VEHEMENTLY OBJ~'~ ~EI~ BEING OUR NEIGHBOR. WHEN W~ ~NTED AT THE ANTHONY JAMES ~ ~RE VERY HAPPY ABOUT ' THE"LIF~STYLE IN A QUIET NEI~B~HO~'~'BEAUT~FUL CITY OF NEW HOP~. WE F~EL THAT AS SENIORS WE HAW'~'"PAI~'''~E$~'''SO TO S~EAK AND DESERVE A NICE NEIGHBORHOOD IN ~ TO SPEND OUR FINAL YEARS. · - THE NOISE', ADDED TRAFF~C~.hITTB~.AN~~'"P~OBAB~Y'C~IM~'THAT WILL RESULT WIlL CAUSE US ~CH ~DO S~SS AND HINDER OUR D~SERVED ... TO ~,7~1.23 FO~ EACH OF OUR-~P~~s ..... O~ COU~S~ WE AS PLeASe, W~ PLEAD W~TH T~ Cl~Y OF NEW CO~I ....... INTRUSION ..IN OUR TI, .......... - WE,THE KBSIDENTS OF THE.ANTHONY.JAHBs.~R~ENTS''~ .... AFFIX OUR SIGNATURES TH~S 4~h DAY OF ~EMB~R, ~99~. 22 25 27 2~ 30. ~2 34, DBCEMBER 4, 1991 - ATTENTION: PLAN COMI4I$ION-KIRK MCDONALD A PETITION . ,. MGMT. ASST. BE IT KNOWN THaT WE, THE RESIDENTS Ol~ ~ ANTHONY JAMES APARTMZNTS LOCATED AT 6100 WEST BROADI~A'[, DO STRONGLY OPPOSE THE INTRUSION IN OUR LIVES WHICH WILL BE CAUSED ~-~ BY THE PROPOSAL OF SUPER-AMERICA TO BUILD A GAS STATION/STORE ON OUR CORNER. WE VEHEMENTLY OBJECT"T~' THEIR BEING OUR NEIGHBOR. WHEN WE RENTED AT THE ANTHONY JAMES W~~ WERE VERY HAPPY A~OUT THE LIFESTYLE IN A QUIET NEIOMBORHOOD~"THE' BEiqUTIFUL CITY OF NEW HOPE. WE FEEL THAT AS SENIORS WE' HAVE' 4'PAID-O~ DUES~'-SO 'TO SPEAK AND DESERVE A NICE NEIGHBORHOOD IN WI4ZCH TO SPEND OUR FINAL YEARS. · - THE NOTSS, ADDED T~AFPIC, LTTTER..ANg-~P~--PROBABI~Y CRIME THAT WILL RESULT WI~LL CAUSE US MUCH UNDO S~RZSS AND HINDER OUR DESERVED LIFE STYLE..,' " ................................................. WE PAY TOTALLY $130,029.00 I YEAR IN I~PERTY TAXES, WHICH AMOUNTS TO $1,761.23 FOR EACH OF RESIDENTS PAY THIS TAX. T~ CITY OF ~ HOP~ IS A BENEFACTOR o~ · ~oo~ s~R~ o~ ,~ ~o~ .... - ....... ........ INTRUSION IN OCR CO~I.TY-= W~,THE R~SIDENTS OF THE ANTHONY..JAHE~ARTH~NT~ ~ HEREBY ..... '...~ ....... "~.'_~v.:~"~..'.~''.~ ~'2 .~: o~ ?.~: ~_~.. .......................... .......... '$ ................... ..... --" ~~-.- ~~ ........ : ................ ~,, - ...... · 9"-'[~'~ ...... ," ' ~~~ ~o.,,-~ ~. ~,~ ~ ......... ~.. . .............. 4, ~ ; ................. ~ ~ · ..':'~I". '. .......... ~ .................. ......... ...... ~':~ '~:~i~ ................... ', "~' ~ ........ '. q . ~.~: ~~ ................. z~ ~ ~ ........... ........ ..~, .... : ~, ~/ '~"' ..... -'-. ~, ~, 7;'_ ~Y- ............. ~,- ~.~ . '~/.~ ~~ ....................... . .......... 10. 26 32. 33. PETITION TO REJECT SUPER AMERCIA"S PROPOSAL. Allowing construction of a Super America Station in this location will effectively close down Woody's Superette, and the need for another convenient store on that corner is not needed. There is not enough traffic, nor volume to support another convenient store and gas station. Super America needs 3 to 4 times the volume to support themselves. This site could be used for other needs to the community. If Super America is allowed to have. variance and site,what it will be doing is: 1. Opening Up (1) one boarded building. 2. Boarding up 2 to 3 more stores in the area. 3. Traffic volume on this corner must increase. If Super America comes in, it will literally close me down. This corner does not have the volume, nor the traffic to support more~.than (1) one convenient store. On B~-~ andq~h at 7:30 P.M. Council Meetings will be held. I would appreciate any and all support. Woody's Superette Michael D. Pauluk ADDRESS ADDRESS · / NAME ADDRESS ,J NAME ADDRESS NAME / ADDRESS NAME ADDRESS , ,' "'~ ,> i '~ NAME ADDRESS NAME ADDRESS NAME NAME,. ? ADDRESS / NAME ADDRESS NAME ADDRESS NAME V-f~ c NAME ..~j>, <...~-~.c-- // ADDRESS ADDRESS b.p 72- ADD~$5 ¥ / NAME / J' / ADD~ES% NAME ADDRESS PC 91-32 (3.2) Chairman cameron Lntroducmd Planning Case 91-32 and Mr. McDonald ~iC~i~l, convalescent h~l, rile h~l, n~ling h~l, and day P~I~ ~- a~l~ ~o con~ra~ d~y c~e cen~e~ which m~y no~ provide ~~1 b~e fol.=he n~er of e=uden=s enrollS. The Pl,nning ~nsul=an= ~1 ~ ~ h,s su~ ocher c~ni=iee d,y ~re p~rking =~l,=ions and c~inl=ion ~.n'"--~er of ~loy~ and I~ol~n= cap.ci=y for day care centers, ~-scho~ls, and ~Fsery schools which f~cm convalesce~d rest C~lssioner Sons~s~a~ ~a~ C~es i S~dard8 s~Ud~ed and dovelo~n~ o~ fr~-m~g day care C~illiOnlr Fri~ Ix~lld agr~n= wi~h =hi dlcilion for more stringent stan_~Srd beca~ the day cafe business is developing · o rapidly. / ~ Chairman Caa~ro~quesCioned sea.as ~o ~he n~r of fr~-s~andifl~ c~rcial da~CarO centers in~ CLOy Chic ~he 8Cand~ds would apply Mr. replied Chic most curr~day care centars are being an accessory use in cBg~ches or schools and the School which proml~ced Chi~cluesC is cae only free- commercial day ca~e center at l~ent. Cc~m£asioner Sonsin, secoudbyCc~ssioner Friedrich, PX~ ~8m 91-32, ~ O~cm ~d~g ~e M~ Hope ~tors. ~ot~g ~ fmvort Ink, .ns~, ~n, ~ers~ug, Fri~rich, Vot~ aga~sts ~~* ... -~'~ ~ ~ -~,. pl~~~~'~ ~ dai~ ~or by Cha~mn C~ron and ~:. HcDonald revL~he r~eg~ for ~condL~ona~ uae~2~8, rea~ ~d a~ack v~2~ce, ~d o~e/bu~Ld~ng pL~ revL~ approval con~ · n~ Su~ ~r~ca oo~co s~a~2on. He add~ Super ~.Lc8 L8 iLOO r~o~nq an o~on~on of house ~o 24=hour a day ~r~i~. ~ exp~ain~ ~haC Su~ ~ica is pro~ming ~imh C~ ~e~ing station on ohm si~e ~d build a n~ 2,2C~ ~o f~ oCaCion ~d convenience store. The building w~'' ~lnclude ~ ~eo~, a~inqe ~d c~o~, ~denCificaC~on signs, ~raeh enclosure, ~p ~elaflde, l~decapLng, ~=b ~uCs, /sene, ~ Lighting, buC Chore ~m a n~= of immum~ involved co c~ east, een~or citizen and phymically h~dica~ residenc~a~ ~o ~hm m~Ch, auCo~imnC~ con~n~ence .Co~e co ~he ~.c, and C l/ Br~kl~ P~k Bl~nt~ Sch~ Co the no~h. Deml~ & ~vi~ me~ C~ling ~o= one ~n~h Co .~i~ =evis~ p~.. ~. McDonald lff~ Chic Che setback r~i=~nC for the c~o~, Che minimum sC=~C ~ronCa~ r~=mnc, ~d tho p~k~nv r~ir~nC for site ban ~n MC, buC ~hm min~ loc ~ma r~irnn~ if ~. HO no~ Chl~ =hero is a c~aulm in =hi ~m =hac nays CiCy ~unciL ~y ex.pC previously pla~C~ pro~y fr~ r~lr~nC if tho mi~m im ad~a~mLy ~d mafmly h~dling all Mow Hope Plm~ming Commission -2- Decmmber 4, 1991 hou~s of operation clause £n the code which excludes the hours from midnight to 6~00 a.m. unless extended by tho City Counc£1. The existing building ia non-confo~m~nq and the proposed building does not meet the 3S-foot rear yard setback requi~ement so an 18' (SOt) setback vLriance is being recLueatod. ~r. McDonald noted a grossly non-con£oL~Lng curb cut on the side which is proposed to be corrected with the redevelopadnt of the site. The City Engineer with the code. and stated that they have spent a g~eat deal o~ ~on ~ho devoL~n~ ~or ~h~s 8L~e and ~o pro~a~ng a ml~er 8~ore s~orea ~h~ hivl~ prev~s~y. He ~ss~ a conce~ ~aw~ng of ou~sL~. ~2ssLo~r ~nd~rshauq ~L~ ~h~ ~L~Lone~ on where ~hoy ~o n~ aLL~ ~o r~n o~n 24 h~8 a day, wha~ ~he ~ d/r~Loflll fid vo~-con~o11~. that a ~~ of t~ ~t~8 will ~ dLspLay~ at ~y one ~d th~v~L~M~v~ inside Lf neceas~. Ho conf~tho trash enclosure vLl~o~ b=~ck to~tch t~e~L~d~nq, r~ftop un~t w~l~ ~ ~t~ to Mtch t~ bu~ld~ng ~d a~so hiu a p~a~t ~lt ~d Lt 8o ~t wLIL not ~ v~s~Le fr~ t~ 8t~t, L~qht~nq w~ll aLL ~ d~l~ght~, ~d s~rs w~ ~ d~oct~ona~ vol~e- ~Lga~onor Gundlrohaug fu~hor~ootion~ t~of gas deliveries ~d sn~ ~. O'Do~eLl r~lL~ =hey sch~ulo =Am during o~f-~ak hou=s n~n or ~ate at n~ght. He add~ that l~.ls agains~ the law for tho t~er8 to be running while t~y ~o UnLoading tho gas. He ~Mr~ tha= sn~ will be hauL~ away. ~ho city's aL~c~~rmn~s. ~as~ ~o~pl~a~on of ~e ~ l~dscap~, ~a~ se~atton ~ that c~ l~ghts wLll sh~ ~to t~ ~tl to the a~h, ~d traffic ~1~ ~n ud out tho alto. ~. 0'~~ ~acr~ tho platings of ash tr~o v~th ~tr~co ~ ~C ~eaa ~or cusC~r. ~d a~.o ~or the tanke=s. ~aeLo~r Gunderahaug r~~ that ove~h~nq that was asked ~o~ ~ ~ · P~ hie ~n c~et~ ~d ~a~ ~n ~ea~on~ oCaff Lf there h~ ~n ~a~nte on ~o =o ~ ~ra on ~ c~ wash. ~aaLo~r SonaLn LndLca~ ho d~a no= have a problm w~=h sL~e pl~, ~= ~regs~ concern r~dLng =~ ~on~ hours of tho ~. o'Do~o~ ~a~n~ ~hi~ ~hoy pl~ ~o ~ ~he a~oro on~rance on tho co~no~ ratho~ than ~n tho center of cae front go as d~rect a~vLty to an ~qle away fr~ the fron~. ~c~er 4, 1991 -3- Sou Hope Planning Coem~ii~on Cha£L~nan Cameron wondered £f Chore was enough demand ~or a volume aCa~£on £n ~haC Lre· and if £~ v£11 be · v~l~ econ~ic ~. O'Donnell repli~ ~ha~ 2he~ have never bu~12 a e~a~ion ~hey had ~o cloie, although ~hey bought i~ 7-11 iCorli wh2ch Choy had Co cloll. ~l added Chic ~hey ~e ~C~ng ~n on~ ~ ~l~and w~h 4 ~l IO ~h~l well be ~aller Chin ~heE~ r~l~ C~SmLoner SOnl~n ~n~ ouC Chore ~1 another iCa~on and convenience score lcroes ~he o~rN~ ~n d~ec~ c~C~on. Cha~an C~ron aik~ vhaC choy ~u~d do ~f ~he C~ layl cannot have a 24-hou~ o~raC~on. ~. O'Do~ell repl~ ~haC v~ll have Co be ~swr~ by management II he ~s on~y ~he a~ch~e~. C~ll~Onlr Zlk ~es~on~ Chi ~sa~b~l~y et ~ncreased cr~e ~ciuil of ~ all-n~gh~ houri, ~d ~nder~ h~ h~gh ~he outdoor salsa Mrch~d2ie v~L~ ~ I~ac~ ~d ~f ~he s~acks v~ b~ock CAe v~nd~l ~d ~f ~hey cause unsightliness. ~. O'Do~eLL ~awred ~hl~ ~hey ~nd ~here ~o ~eae cr~ ~n a hour o~raC~on. He ~phas~z~ ~haC CAe cashiers have Co have v~s~b~L~y ~o Chi ~sL~da, so g~ack~ng ~uLd ~ ~uC 3 feec A Suer MrLca s~a~on o~raCor f~ a neuby s~aC~on, vho d~d ncc LdenC~fy h~ael~, s~ke ~o Chi ou~d~r sales ~eaC~on. He sCaCed hi hal I ~C~ houri o~riC~on ud ~hl Mrchud~ie ~1 puc C~l ~d ~v~ ~n and ouC. C~ll~oner Z~ ~LnC~ ~o ~he ~m on ~he IouCh a~de and closeness ~o ~he ap~nCs ~d suggesC~ s~ k~nd o~ ~enc~ng she fel~ ~he ~ vas nec ad~aCe am a m~ghC ~d no~me buffer. ~llUdl ocher C~ vLlual~y. ~. O'Do~ell e~la~n~ ~hlC ~here ~l a ~gh~ and buzzer ~haC ~1 acC~vaC~ vhen Chi ~ h~dle LI ~, buC ~C ~s noC~ce~e a~ ~he Calh~ir area. C~ll~Onlr SOnl~n d~lCUllid ~he houcI of o~ciC~on lc ocher 11:00 ~ or m~ghC. He I~aC~ Cha~ he doel ncc lup~r~ the e~end~ houri, .buc doel lup~ the role o~ ~he Chai~ Cwfon called ~or ~n~C ffr~ the audience r~acding the K~en Walderl, rep~elen~lng ~he ~ag~n~ c~p~y ~or ~hony ~1 ~ Broa~ay VLLla~ Ap~n~l which ~rder ~he i~Co, called a~en~Aon Co ~he ~C~2~on ihs len~ ~o ~he C~ ~n o~e~2on co the pl~. S~ I~ on ~half o~ ~he 4S0 ~o SOO len2or ree~dencl [rom Chi ~ c~l~el ad~eiling ~heAf conceal r~a~d~ng the no,se, lighting, ~raffic, cr~, p~k2~g, ~ll~ble unl~gh~linell ~Cd~r lalel usa al v~ ~r~ a~nCl eve~ day o~ ~he year, ~ r~e~ ~he ~llion vice for den2al. Cha~ ~ron r~el~ 2hi ~Ci2ion ~ accip~ and ~ncluded ~ of ~he rKo~d. ~. Ch~lei Br~, ~er o~ W~2'l loca~ acroel. Chi ICreec, ad~el~ Chi ~AllAon and ~ll~on~ Chi econ~ical need for ~her con~nAence loire ~d iCaCion. He iCaC~ Chic he has ~2~Cen ~o Chi p~i2denCl o~ Suer ~rica ~d Alhland Oil. He ~haiLz~ ~haC LZ Sure Mr~ca ~vel ~, h~l aCo~e v~ll lu~. ~ noC~ ~haC S or 6 ~ ago hi r~elC~ exCended houri ~d ou~r lalel ~d vii Cu~n~ d~, ~d L~ Suer ~erica ~1 g~C~ 24-ho~ o~aC~on ~d ou~d~r, he v211 have co al~ ~he IM Ln orde~ ~o r~in c~~ive. He call~ aC~enCion to C~ lu~reCCee ~ha~ had recenCl~ clol~ ~n ~he area. Pa~ricia Singer, rel~den~ of Broa~ay V~llage, ad, oiled the ~raft~c on Broadway and Chi brighC l~gh~l. -4- ~c~er 4, ~: wl:h =he neig~ors and hear =heir concerns. ~. O,Do~ell repl~ =ha~ he will foll~ =h~ough on =he musses=ion to ~et with the well ~n N~ HO~. ~. O'Do~ell c~n=~ =ha~ on his way 2o =he ~=ing he had The C~iss~on ~efer~ ~he ~e~ ~o e~aff ~o check if there in a viola~ion of ~he c~e ~t/O~ by Friedrich, Voting ~n revert lek, SonlLu, Cameron, Oundershaug, Friodrich, u LAfron, Underdahl H Voting agehnl~, ~one Chairman Cameron advised =hole prelent £n the audience that cage would be heard again on January 7th. Tho Commlll£on dArec=od s=aff to relearch the 5 or 6 year old cane ~ 91-~ (3.&) Cha/~ ~ron caLX~ for Plying Calm 91-40. ~ p M I T , ~= =he lease ~r~g~n= fell =hr~gh, 8o =hey 8oa=~ for and found ~O~be~ loca=Lon Ln Nw HO~ ~d ~e r~urn] a ~ ~ for a cond~=ional use ~m~= ~d sL=e plan review ~ a~roval. He ou=lin~ =be r~eo= =o O0 e~are ~ee= CX~ a w~ehouse, oc~ng ~6% ~f ~be exit L76,507 s~a=e build,ns, w~=h ~ac=~y =be s~ uses a= =he ~o~r ~ ~ w~h hours of o~ra=~on =o ~ 10:. m. =o 10:00 p.m. Sunday X-I L~ =~ough Thursday, ~d 10~00 a.m. Friday and Sa=ur~a~. I · D U S · I I He no~ ~he nu~round~flg ~d ich ~nclude C~s~a~ ~ndus=r~al DZ~Z~, ~d roe~den~ial ~o ~8~, re~Lden~ial ~o ea8~, warehouses 7109 31~ AV.i. ~d I~h, ~d a ~ily non-confo~ing h~ on wes= of ~uilL~l Ln Nw Ho call~ a~=on=ion =o =he ~ c~o a c~rc~al rocrea~ional s~e ~e on ~ :r~ and ~uLsL~l is only a collec=or la,er. He ~a~n~ ~ha~ ~e.~ G aevLe~ ~re s~i==~ w~=h all concerns correc=ed and ~s for s~ ~d ~=k~ng ~e ~. in ~e r~ and wha~ Ma~v=ee ~vld ~ ~ ~ con~=ol and w~t% =h~ ~uld ~, and he amk~ for e~l~a=~on of ba~ nd ~ overh~d~r ~ha~ ~==en~y ex~s~s. ~ o, G=~d Sim u~ep=esen~a~ve, r~ ~ha~ ~hey have $~ ~bere was ~y p~blm~ey ~uXd ~m ~cesoa~ Masu~es cor=ec~ L~. ~ ou~lin~ ~hA..~ddi~on of 4 blue sp~ce a~ ~e. ne~ en~ wry, ~be asphal~ ~alba~ound ~he bu~ldLnq, ~d e~Aa~nec ~ha~ ~he pl~ for ~he eve=head ~r ~f ~o ~fk ~ over and pa~fl~ ChaA~ C~ron ~nder~ ~ ~here w~ll ~ an~hing ~ns~de w~ll be a~=ac~ve ~o k~ds ~o cause ~h~ ~o lo~e= ~here. leu Hope Planning CommissAon -S- Decimber 4, 1991 {t 6. pL~NIN~ CA,GE 83-11 - REqUeST FOR TEXT AMEN~ME,'r~ FOR B-3 ZONE - 6101 ;{EST BROADWAY - $COTTY'$ CCN'~EN~- ENCE STORES, I,~., PETI¥~ONER. Mr. Cory Gordon, lawyer for the petitioner was present. He stated that they were requesting two things, a Conditional Use Permit and a text change in the ordinance, to allow that Conditional Use Permit. The property involved used to be an Apco station and is now being c~nverted %o a convenience store that sells gasoline. The property is now zoned S-3 which restricts the space for accessory uses to 50%. They are rc~ueeting that this be chan~ed to "up to 85" when there is no auto service conducted at the station/store. This would allOW the retail store to expand. 'lle'noted that, in his opinion, it would seem that this ordinance restriction came into bein~ when most of the gas stations were set-vice stations. This is no ]onger the case. There are 14 gas stations in New Hope, and only seven of them do any service type work. Therefore, they ~uld be talking abou~ oniy seven gas stations that ~uld be affected by this ordinance text change. In recen~ years ~ lot of re,ail merchandisers have abandon~ the service aspect of their stations. Brief discussion in r~ard cfi the semite aspic of stations, ~he types and a~untsDf merchandise nov sold in stations aM the effect ~ the city ii all stations stopped giving service ~' ~ '~3 ~'~ Chai~an C~eron noted t~t the ordinances were enacted for g~d reason, a~ t~t the city does not change them lightl~ or because a particular per~n has a reason to r~uest a c~nqe. ~ ordinates are to p~tect the entire city. ~e City Manager stated that cit~ staff feels that this pressed change would be a radical departure ffo~ the original ordinance a~ would like a professio~l planner to look at this entire issue. Also to be reviewed is what is a 'priory' and what is an 'accessory use'. They ~uld l~k at the concept o[ the text chan9e also and its long te~ effects. ~air~ c~ron ask~ whether ~e planer would also l~k at the area in which this particular statf~ Is ~e Manager stated that there was another case on the agenda involving a zoning change in this area. Staff telt that both cas~s and the impact on the entire area should ~ revi~ed by the planner. In answer to a question ir~ the Chai~an, Mr. Gordon said that they ~o~ld naturally l~ke the issue be dete~ined as soon as possible, primarily because of the approaching s~er season, they did ~der- stand that this would be a careful process. Thirty days would still be ~fthin their time fr~e. the table were to be 60 days it would be ~re difficult for ~hem, but they ~ould cooperate in any they could with the planner and city Chai~an Cameron ask~ ~ r. Go.on why the ~eti~ioner had purchased the p~pe~ty when they couldn't do what they wished vf~h the property? ~r. Gordon stated that originally they had not realiz~ that they~uld ha~,~ to r~:vest an ordinance change in order to obtain a Conditional Use DiscusSiOn then roll.ed between Mr. ~rdon and Co~issfoner Anderson regarding the ffa~ade and any pro- ~s~ expansion or r~eling. Mr. ~rdon indicated they would u~rade, add landscaping, e~c. but ~ere were no plans for expansion o! the structure itsell. Co~issioner ~derson con[im~ with ~r. ~rdon that they were r~uesting a change fn the ordinance text to all~ the expansion up to 85t et the floor space for accessory ~les. Co~issioner Gustafson made a ~tion tabling Case 83-11 for 60 days. Co~missfoner Edwards second. ~e City Manager sta:~d t~t he had an appoin~men~ with the Planning Consultant on Wednesday ant it vas ~ssible that the case could be ~ck before ~he C~ission in 30 days. The Chai~an said i~ this happenS, the case could be r~oved from the table. 16. Voting in favor: Anderson, Dunn, Friedrich, Bastes, Cameron, Edwards, Gulenchyn ~sen::' Motion carried. The ~i~y Manager re.fred that the ~nsultant had revi~e~ the requests from ~th ~eal cabinet~ and Scot~y's Convenience S~o~es and would have a re~rt readU for t~e June ~ee~ing. Following the co. lesion felt it would ~ preferable to have the Consultant attend the meeting, even though the? Would receive the ~ec~mmen~tions in time ~o review be~o~e that :i~e. The ~anager stat~ that it w~ r~uired that the t~ planning cases be back on the agenda in 60 d~s time, which would be the June meeting. Concern ex,reused about the need to give the Consultant's recc~endatfons adequate review well as re-consider the two ~lanning c~ses a~ the same meeting. The City Manager s~ated that f[ an ordinance change were ~ropo~ed, it was necessary to h~ve two public meetings after publishing ~he notice. C~issfoner Edwards felt the ~c~fssion ~uld need ~re ti~, especially in view of the fact that an ordinance change would affect other sites in the C~issioner Gustafson felt it would be appropriate to.re,few not onl[ the ordin2nce an~ any proposed i~ ~ '- ~'3-~3 F.' . __ ~ ..... ~,.~.~ imoaat i~ might have on ~he c y. '- ~urthet d£scuss£on in teqard tn the parktnq area at the small shopptnq Center at Bass ~ake Road and #tnnetka, tho status of the cable Lnstallatign in the c£tv,_and posed Eot 42nd Avenue h~d not matertal£zed. ~' ~"-~o~'-~ ~'7 the fact that the ne~ gas station pto- P~NZNG CAS~ S3 - 11 - RE~L'~ST e-- -~ ,, ..... ~', ~'FiTIO~;ER , 1 g83) SCCT~' Cory Gordon re~reSented ScOttv's. He no~ed that he had been info,ed ~at it was Possible that the Com~lsslon ~uld wish :o deal' with the text ~en~en: before ~hey dealt with Scotty's. }{e did have available their detailed plan and t~eir Consul~an~ was also in a::endance, if they wished :o discuss :h~. He realized this migh~ be put:~g the "cart before the horse". ' The Chai~an stated ~a: since this gro~sal was a major and significant change to the code, he felt ~e Co~ssion must be very careful. He then sugges:ed tha~ the Planning Co~ission hold. a special meeting on the 21st of June, at 7f30 p.m. This will be Only a ~rk session for ~e eX~ination of the text of the Code. He added tha~ he felt i~ was only fair to Sco::y's that the Co~ission move along as expeditiously as possible. If ~he Co~misSion could'agree on code changes on the 21st, Scotty's might be able :o =~e back to the mee:lng on July 5th. ~n moved to :~le Case 83 11 until the m~tin of Jul S, 1983 Co~ission son ~econd. ' er Guscaf- Voting in favor: AnderSon, Frie~r:ch, 8artos, C~eron, Gustafson, Gundershaug, ~wards Vo~ing agains:: ~ne Planning Case No. 83-11, request for zonin~ text amendment for 8-3 Zone to alloy an an increase in the size of t~ ~r~ t'~ ~&m~o~-a'te an ac, es~ ~'~ ~'% ~o~- ~.r~n from 50 to 85 percent. Scottv,s ~onvenimnce Stores--~'1-~c , considered by C~uncil. -- - · peri:loner, was Mr. Corey Gordon,.Attorney for Scotty's Convenience Stores, served as spokesperson for the petitioner. He noted that t~e president of the corporation and architect on the project were also present. Mr. Gordon stated that the Planning Commission had recommended approval of the text change as recommended by the city planning consultant. He then gave Council back- ground information concerning this request. Mr. Gordon said that Scotty's Convenience Stores is a gas station basically, which attempting to convert to retail floor space the area that was previously u~ed for use as a grocery/convenience store. He said that the current New HOoe ordinance only allows use of up to 50 percent of the floor space for accessory sal~s. Mr. said t~at the property is currently zoned B-3 which is an auto-oriented district. This means that if you pump ga~ you can only use 50 percent of the floor area for accessory sales. Accessory sales are defined as anything related to automoOiles.. hoses, belts, oil, things like that. He said that made sense when servlce areas occupied the other 50 percent of the space. Recently, there has been a trend away from those kind of service stations. Major retailers like Target and K-Mart have taken on automobile service. The net effect is :hat the major retailers are skim- ming off the top of the money-making auto service-oil filters, c~anglng tires, It is increasingly difficult for the auto service sta:lon to survlve by pumping gas and serviclng cars. The marK-up on a gallon of gasoline is so low that a station with competitive pricing makes from one to five cents per gallon. He said that this was not a very big margin. The station has to make up the money that :: is nc% making on the gas from its retail sales sDace. Prior to the Target and K-Mar: operations, people serviced their cars at ~ne corner stations Mr Gordon stated. , Mr. Gordon continued that a lot of communities have experienced t~e influx of the 7-Elevens and Super America stations which oump -ne gas out front and us'~ the re- tail space for selling convenience store items. ~e noted t~at, on the New Hope corners at 36th and Winnetka, ~here are ~wo gas s~atlons, one of w~lch does service and the other does not. '?he Super.~America s,tatlon Is In Crystal and lsa convenience store along w~th pumping of gas. ~ ~.1.;% ~', ,~ i -- ,' ~ .., ; .. Gordon then spoke on the shopping habits in connection with gas sales. He said that what they have proposed to the city council is an ordinance change which would allow for greater use of retail floor space. When they went before the Planning Commission in March, the planning consultant was asked to investigate the request. Mr. David Licht then prepared a report and recommended the ordinance change. The Planning commission in turn recommended the change as Mr. Licht proposed it. If the ordinance change is approved, Scotty's will take advantage of it and have prepared plans for the convenience operation. Discussion followed regarding the correct address for Scotty's station. The correct address is 6113 West Broadway. Councilmember williamson inquired as to what percent of floor area Scotty was proposing to use for retail sales. Mr. Gordon replied that, as he understands it, the proposed ordinance does not set any maximum limit of floor space. In their plans it works out to be about 90 percent; the rest will be administrative office space. councilmember Williamson then referenced Section 1 [b), which says 15 percent of the floor area. It was clarified that this section pertained to the sale of deli/foods. Mr. Gordon said this does not affect Scotty's. That is for the grocery stores where they have a micro-wave and heat sandwiches, sell coffee by the cup, and other ready made food that is eaten there. Scotty's does not plan to have this kind of deli operation. Councilmember Williamson said that while Scotty's might not want to do this, some other owner may want to have a deli operation. Mr. Gordon replied that the question Council should address is whether McDonald's might want to pump gas. The purpose of the restriction is to preclude such as possibility. Councilmember Williamson then inquired as to the square footage which would be 15 percent of the Scotty operation. The president replied that would be about 150 square feet. It would be difficult to have a sit down restaurant in this area; it would have to be a K-Mart size store to accommodate a sit down restau- rant under the 15 percent area limitation. Further discussion followed with it being noted that the city could be more re- strictive if they wished. The meaning of internal site p'edestrian circulation system was discussed. The City Manager clarified that there must be some safe pathway provided for citizens so that people can get in and out of the doorways. It refers to the site as op- posed to the store interior. Mr. Gordon said, to eliminate any problem as to pedestrian traffic, a curb nad been placed so that cars can not pull right up to the building. Discussion then turned to the number of exits from the building. The architect stated that under the building code, t~e building was not large enough to require a second door. Councilmember williamson said she was concerned about a second doorway as a con- venience to the customers. The architect replied that distance with which she was concerned was-.only 43 feet or about 20 feet from each side. Mr. Gordon commented that there was also a ramp coming out of the front door so no cars would be parked in front of upon inquiry, the city attorney replied that there was no problem with the concept of the ordinance change, but there are some small technical problems on some sub3ec- tire standards instead of object,ye standards. The basic concept Ls all r~gn=. DisCussion followed concerning what requests were before Council other ~an the text amendment. Councilmember Wiiliamson asked whether the other service station owners had been given an opportunity for input into this proposed ordinance. She was advised that the other service station owners had not been given notice of the proposed change. Upon inquiry as to what other stations could convert to convenience/gasoline sales, it was noted that this use is accommodated in B-3 districts. Councilmember Daly then introduced Ordinance No. 83-21 entitled: "AN ORDINANCE AMENDING SECTION4.124 OF THE CITY CODE PERTAINING TO CONDITIONAL USES IN THE B-3 DISTRICT BY ADDING SUBSECTION (8) GOVERNING CONVENIENCE GAS/GROCERY/FOOD ESTABLISH- MENTS" and moved its adoption. The motion for the adoption of the foregoing ordinance was seconded by Councilmember Williamson, and upon vote being taken thereon, the following voted in favor thereof: Erickson, Daly, Enck, Otten, Williamson; and the following voted against the same: None; whereupon the ordinance was declared duly sassed and adopted and was signed by the mayor and attested by the city clerk- treasurer. (Page. Extract Book). Discussion followed as to whether issuance of conditional use permit and construction plan approval was also before Council at this time. The city manager advised that construction plan approval and the conditional use permit were properly before Council. The plans for the building were then presented to Council. Question was raised as to whether it was appropriate to have just one restroom. The city manager replied that the building official had reviewed and found no problems with the plans. Upon inquiry, the architect stated that the mechanical equipment will be screened and that the refuse would be enclosed in another area by a cedar enclosure. The architect also stated that he thought the one restroom wa@ in conformance with code. Councilmember Enck then inquired as to how deliveries would be handled. The architect pointed out the delivery and service area. Councilmember Enck asked about the need for a second exit for fire and other emerqency situations and whether or not the building should be sprinkled. The architect replied that sprinkling was not a requirement for this size building. The city manager said he thought that inasmuch as the building is under 3 000 square feet, sprinkling was not required. , Councilmember Enck then said that he had a problem with the physical layout of the facility and having only the one exit. He said he was asking staff to check into this inasmuch as the bulling is not to be sprinkled. The architect replied that while there was the concern about safety, the second door would also allow criminal activity to take place. He said that a ~oor could be put in, but he doubted that the code required it. He spoke on not having the second access because of possible criminal activity. Councilmember Enck said that he was asking staff to investigate the need for the second door. Mr. Gordon suggested that Scotty's be given a rovision Plans based on the ~-~-~-- -~ ....... P aX approval of construction ~-~,,,~= ~mu ~ne secono door or sprinkling system and the second bathroom will be installed based on staff findings He said they would..com~lv w~th staff requirements. - .... The city manager clarified that the petitioner was asking for a conditional use perml: under the new ordinance. As well as construction plan approval. Councilmember Often inquired as to whether there would be additional requests re~ardin~ signage. The president replied that there would be no additional requests for variances includ- ing signing. . Councilmember O~ten introduced ~.te fo[lowing resolution and moved its adoption: "RESO- LUTION APPROVfN,G~CONDiTfONAL USE PERMIT N~ 83-%1." The motzon for the the foregoing resolution was seconded by Councilmember Daly and upon vote being taken thereon, the following voted in favor thereof: Erickson, Daiy Enck, Otten, Williamson; and the following voted against the same: None; whereupon the resolu- tion was declared duly passed and adopted and was signed by the mayor which was attested by the city clerK-treasurer. (Page. Extract Book). Motion by Councilmem~er Otten, Second by Councilmember Daly granting c__on~_[ru__c~io__n plan approval for Scotty's Convenience Store as requested under Planning Case No. 83-ii,subject to staff approval as to a second doorway, sprinkling system, second bathroom, and ordinance publication. Voting in favor: Erickson, Daly, Enck, Otten, Williamson Voting against: None Motion declared carried. The city manager commented that the petitioner would license prior to starting operation. ~.~--rAJa(.. % '' '---t' ' also'7-ha='~T-~3t° obtaiaF~a food CITY OF NEW HOPE PLANN~G CASE REPORT Planning Case: Request: Location: PIX) No.: Zoning: Petitioner: Report Date: Meeting Date: 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 6144 West Broadway 05-118-21-21-0035 B-3 (Auto-Oriented) Super America Group November 27, 1991 December 4, 1991 BACKGROUND The petitioner is requesting a conditional use permit to allow a convenience store with gasoline, a conditional use permit to allow outdoor sales, a rear yard setback variance, and site/building plan review/approval to allow construction of a new service station, pursuant to Sections 4.039A, 4,124(2), and 4.034(3), of the New Hope Code. The petitioner is also requesting an extension on the hours of operation beyond those hours specifically allowed in the Code. Super America is proposing to demolish the existing vacant gas station at the southeast intersection of West BroadwaY and 62nd Avenue and construct a new 2,200 square foot gas station/convenience store with gasoline. The plan includes a new 00' x 39' masonry building with awning, 74' x 36' canopy, new identification/directional signs, new trail~ enclosure, two concrete pump islands, new site landscaping, new curb cuts and elimina- tion of non-conforming curb cut, restriped parking area and loading zone, and new site lighting. The specific requests are outlined below: A. A convenience store with gasoline is permitted in the B-3 Zoning District by conditional use permit provided that specific conditions are met. B. The code states that exterior sales shall be subject to a separate conditional use permit provided that specific conditions are met. C. The code states that hours of operation shall be limited to 6:00 a.m. to Il:00 p.m., unless extended by the City Council. Super America is reques~in_o 24-hour operation. D. The rear yard setback requirement for the ~ is 3:5 feet and the building would be located 18 feet (at the closest point) from the south area yard property line, thus a 17-variance to the 35-foot rear yard setback requirement is needed. E. Site and building plan review/approval is required for the erection of any new building in the City. Planning Case Report 91-37 December 4, 1991 Page -2- The property was zoned General Business in 1961 and in 1979 was rezoned to a B-3 Auto-Oriented Zoning District. Surrounding zoning/land uses include: R-4 High Density Residential (townhouses) to the east; R-5 Senior Citizen and Physically Handicapped Residential (new elderly apartment building) to the south; B-3 Auto-Oriented (Woody's gas~convenience store) to the west; and Brooklyn Park (elementary school) to the north. The physical characteristics of the property, which contains 19,200 square feet, include a downward 5=foot slope from West Broadway to the east property line and several existing trees at the southeast comer of the property. The Design & Review Committee met with the petitioner on October 22nd and, although extensive plans had been submitted, a number of revisions were requested regarding the following issues: -specific written request regarding extended hours of operation -lighting to be shown on plan -noise issues, such as the idling of tanker trucks at night -new landscaping schedule to be provided -additional landscaping and berm to be added -details on retaining wall to be provided -canopy and ground sign to be modified -canopy construction materials to be detailed -drainage to be shown on plan -outdoor storage issues to be resolved At the conclusion of the Design and Review meeting the petitioner requested that the case be tabled until the December Planning Commit'loll meeting due to the revisions needed on the plans and due to the fact that construction is not anticipated until the spring of 1992. The Committee encouraged the applicant to hold off until plans were complete. The Design & Review Committee met with the petitioner again on November 18th and revised plans were submitted/reviewed: -a specific request was submitted regarding 24-hour operation, -a site illumination plan was submitted regarding lighting, -revised landscape plan was submitted, -canopy and ground sign details were provided, -canopy construction materials were clarified, -grading/drainage plan was provided. Design & Review requested additional changes including detail on outside sales to be provided (with maximum number of items to be displayed), landscape schedule to be provided, additional landscaping on south side, loading area to be shown, statement on plan that snow will be hauled off site, statement on plan regarding volume control on speaker system, statement to be added to plan regarding irrigation. New revised plans were submitted on 11/22 and all of the requested revisions were incorporated. Planning Case Report 91-37 December 4, 1991 Page -3- 10. Property owners within 350' of this request were notified and staff has received several calls in opposition to this application. A Conditional Use Permit for Convenience Store with Gasoline is allowed provided that the following conditions are met: A. Take-Out Food. Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. B. S~fion. That any sale of food items is subject to the approval of the City Sanitarian. C. Li~nms. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the Conditional Use Permit D. Area. That the approximate area and location devoted to non-automobile merchandise sales shall be specified. Exterior sales shall be subieet to a se_nar'ate conditional use ~rmit. E. Hours of Oneration. The hours of ooeration slmll be limited to six o'clock a.m. to twelve o'clock u.m..unless extended bv the City Council. Ho Motor Fuel Facilities Motor fuel facilities are installed in accordance with state and city standards. Underground fuel storage tanks are to be positioned to allow adequate access by motor.' fuel transports and unloading operations do not conflict with circulation, access and other activities on the site. .C,~lllti~. A protective canopy looted over pump island may be an accessory structure on the property and may be located twenty feet or more from the front lot line, provided adequate visibility both on and off site is maintained. .~.0~lgli]li]~. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment. Dust Control and Drainage. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage. Ar~. A mlnlm,~m lot arell of twenty-twothonsand five hundred square feet and minim~m lot dimensions of one hundred fifty feet by one hundred thirty feet. The CRy Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely lmndling all activities and required facilities. Planning Case Report 91-37 December 4, 1991 Page -4- K. Curb Semrafion. A continuous and permanent concrete curb not less than six inches above grade shall separate the public sidewalk from motor vehicles areas. L. I,~ltllf,~ll~. At the boundaries of the lot, a strip of not less than five feet shall be landscaped and greened. M. Light Standards Landsca_ned. Each light standard shall be landscaped. N. Access. Vehicular access points shall create a minimum of conflict with through traffic movement. O. Noise. Noise control shall be as required. P. Outside Stomte. No outside storage except as allowed per the code. An enclosed screened area is to be provided for rubbish and dumpsters. 2. Excluding hours of operation and exterior sales, the two conditions above that should be pointed out are - 1. Canopy (G) and 2. Area (J): 1. The canopy does meet the 20-foot canopy front yard setback requirement, as noted on the plan. The canopy was modified to meet the setback. 2. The minimum street frontage dimensions are met, but the minimum lot are~ of 22,$00square feet is not met. The property contains approximately 19,200 square feet. The City Council my exempt previously platted property from this require- merit if the Msite is capable of adequately and safely handling all activities and required facilities'. Staff recommends that this property be exempted from the requirement due to the fact that the site is being totally redeveloped. 3. Hours of Operation - are normally limited to exciude midnight to 6:00 a.m. "unless extended by the CRy Council'. Petitioner lass subummed a request for the standard 24- hour Super America operations based on sales and customer needs. Security is also addressed in their written request (attached). No other smaller scale convenience/gas operations are open 24 hours in the City and few are interested in remaining open all night. No car wash is included with this request so that type of noise is not a concern. The Planning Commission will want to make a recommendation on this request to the Council. 4. Outdoor Sales - Exterior sales are mbject to a separate Conditional Use Permit. The revised site plan illustrates three specific area for proposed outdoor sales/display with a maxim,,m of three different items at one t~, due to seasonal nature of each., item. The items would include anti-freeze, windshield wash, fireplace wood, charcoal, pop, pwpane, oil, and salt. Petitioner is requesting outdoor sales because of hi$h sales of these items and for better customer service. The revised plan shows an 8-foot wide sidewalk with 4 feet devoted to sales, maintaining a 4-font clear sidewalk for pedestrians. The total area of outdoor sales is 24 square feet (4' x I0', 4' x 20', and 4' x 30'). City Code allows accessory outdoor sales under the following conditions: A. ~. Outside services, sales and equipment rental connected with the principal use is limited to thirty percent of the gross floor area of the principal use. Planning Case Report 91-37 December 4, 1991 Page -5- B. Screened from Residential. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting 'R' District. C. Lilhtin~, Shielded. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way Or from neighboring residences. D. ~l.la:fating.. Sales area is grassed or surfaced to control dust and mud, and to provide a clean, attractive and usable surface. E. Ell. king.. Does not take up parking space required for conformity to City Code. VarinneeRequest- The proposed Super America Station/Store meets all setback require- ments except for the 35-foot rear yard setback requirement. Petitioner is requesting an 18-foot variance or about a 50% setback reduction. The existing building is non- conforming and meets no setback requirements. If this site is redeveloped as proposed, all non-conforming setbacks and non-conforming curb cuts will be corrected except for this one rear yard setback variance request. There is a significant distance (200 feet) between the proposed Super America and the building to the south and signif'h~ant land- scaping has been incorporated into the plan. The building proposed for the site is unique in the fact that it has a comer-cut, windows on two street sides, and is aesthetically pleasing. The site may be useable with all setbacks being met, but the aesthetics of the building would probably be revised to present a less appealing structure. Parking requirements for the Site are met, as 18 spaces are provided with 10 in the parking lot and 8 at the pumps. Traffic in the area will be increased, but the intersection is signalized. A 50-foot truck turning radius is provided for tankers. One non- conforming, unsafe curb cut 110 feet in length on the west is being removed/ reconstructed. Drainage has been reviewed by the City Engineer and the majority of the lots impervious surface will sheet drain overland towards West Broadway and 62nd Avenue North, including building and roof. The identification sign, directional signs, and wall/canopy signs have be~n reviewed staff and are in compliance with the Code. RECOMMENDATION Staff recommends approval of the conditional use permit for a convenience store/gas station in a B-3 Zoning District, a rear yard setback variance, site/building plan review approval, and a conditional use permit for limited outdoor sales subject to the following conditions: 1. Petitioner to submit revised 1/4" scale floor plan illustrating the exact outdoor sates location-limits for clarity of all parties (sidewalk is not drawn correctly). 2. Annual inspection for CUP required by staff. Planning Ca~e Report 91-37 December 4, 1991 Pa~e -6- The Commission should also make recommendations the area requirement issue. to the Council on hours of operation and Attachments: Petitioner Letter (Hours of Operation/Exterior Zoning/Section Map Survey - Existing Site Revised Site Plan- November 22 Revised Landscape Plan- November 22 Grading Plan ~llumination Plan Signage Plan Signage Detail Building Elevations Directional Si~s Trash Enclosure Detail Can~y Elevation Sales) SUPERAMERICA SuperAmerica Group, Inc. 1240 West 98th S~reet Bloomington, MN 55431_ (612) 887-6100 (612) 887-6158 FAX November 12, 1991 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SUBJECT: 24 Hour Operation/Outside Displays New SuperAmerica Store 6144 W. Broadway, New Hope, MN Both of the above are very important to SuperAmerica for economical reasons and customer service. I will address 24 hours first. At most of our SuperAmerica stores we are a 24 hour operation. This is important to us because of sales and customer needs. There are many people that work nights and look for our service. We have taken all precautions to make the night shift safe for our people. There will always be two people working (this is true at all of our Twin City SuperAmericas). Each will have a security alarm with them at all times. If there is ever a need to call for the police or fire department they only need to press their alarm and the call is made automatically. There is also a panic button'Under the counter that works in the same way. We also have armored car service, so once the money is dropped not even the store manager can get at it. There is little more we can do to make SuperAmerica a safe place to work. Outside sales are also important to us as this is done because of high sales of those items and for better customer service. The items that we need to put outside are anti-freeze, windshield wash, fireplace wood, charcoal, pop, propane, oil and salt. However, only three or four of the items would be there at anyone time due to the seasonal nature of each item ....... SUBSIDIARY OF ASHLAND OIL INC. Page 2 24 Hour Operation/Outside Displays November 12, 1991 In today's world it costs us a lot of money to put in a first class operation as SuperAmerica, so it is very important that we maximize the business 24 hours a day and with all sales possible. We will also employ approximately 15 from the New Hope area. We look forward to approval of both issues. Thank you. Leonard A. Feilmeier Regional Vice President LAF/lc ~ ~ARY. LOCAIlON, TOPO6RAPHIC, Il UTILITY SURVEY FOR ~ ~ SUPE~ERICA I~~~-:~- ~ ..... ~ ~''~ ~ ,.~" ~, ~_.:'" ._'~' / ;"}',/_ ~ . ~ ,,,',,, ~1 / t ~ / ', '' . ......... ' *~ '~ ~ .... ~ I ~ ' ........ ' "" "~:: ~ "'~ .......... ' .... "..: / ::,:.: ~ . ,- , .................. ~, =:.:,-.::, ..... z I I /-. .... / I LOC~T ION MAP 62114. AVENUE NORTH N ............ "1 '~"'~ SUPERAMERICA JPRELJARY SITE STUDY [ 62nd AVENUE N. & W. 8ROADWAYJ .~,--'~;:~,-- NF.W I"tOPE, MINNtSOTA J ~;' I-*'~ N SCALE: TRASH EN~I,.OSUAE PI.AN 62nd AVENUE NORTH m SUP~.RAtitE I~C A PLANT MATERIAL N ..... I~:"- ...... I LANDSCAPE CONCEPT ] ! 6~.: ~.v~..~,.~ ~ ??o^Dw,,~I .... &2nd e4I 1.C ij il&IlO# IIQlii KEYNOTES !- &2fid AVENUE NC)flTH ~) wm,l' "~k- ~ roll. lib I~BI I& ~ ® ~.-~--.~.. -.-,,..-,.--- - "Ill -t~ .,='--' . ' I I",/I (,)~,," ° '.' ~ . ! , --, ,o.~ , I . ~ . !., ~/,,-,--.*dl~ ' / "~.. 'l ~ ,,.-;- , ' ~,'~'. 1 '~ i~.. , tI ,..~'-I . ', ....... , "---' ~ -..~' w '~ * ' z~', ~ 1 ,, . .... ,~ __, ..... 14371 ,., ~I SlJPERAMERICA ~ QFRONT ELEVATION AIIIA OF LOGO - 83 SQ. IN. QSIDE ELEVATION .... ! I ti .... ! I !I COLOR CODE IDIRECTIONAL 81GN (WlLGOIM) !' 1G ! HINGE DETAIL Y- M. OwO(X) ') n ~' 2, · 4 · 3J11' STL. FAAME $' O.D. ~ 6' O.D. ~ · STRONG SLEEVE HINGE - 6' HIGH. ~ BOLTS TO EA. HINGE !'0 fASTEN OIL I ,, I I & G IIEDWOGO STL. TUBE FRAME I~.OWOQO~'n 2& I ·1 CROSS mlACING ~ mT. (OAIMED! $' O.D. PIPe. STD. 10'*0' LOIIG fILLED w' COLIC. - IM)UId) TOP. S~.T IN ¥4' · 1'4' ts 4'-4' ~ FTG. I · · · & G ll~OWOOO LAlCfl S4JIIFACE. BOLT ~ INT. OF 011. 6' O.D. PIPE · STRONG J4.sEVE COLIC. SLAB ! Q FRONTELEVATION I Ii JI 3;0' - t ~' (~ WOOD TRASH ENCLOSE GATES S' O.D. INPf. $10.: 01~ J'. \ \ MT. 1,~11 POIT / &)/lliCelVtNS ~i;l ii SURFACE Im~,.. (~ TRASH ENCLOSURE PLAN #(~Vl,~eD t2'1 t0 fi) ® Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: J 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 31, 1992 February 4, 1992 BACKGROUND The petitioner is requesting site/building plan review approval, conditional use permits to allow a convenience store with gasoline and a carwash, 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 completely redevelop the site, raze the existing structure and construct a new building with an attached automatic carwash. 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 site, the City has the authority to require the elimination of curb cuts. Staff presented the petitioner with a revised concept plan for their consideration and Fina requested that the case be tabled at the January Planning Commission meeting. Petitioner is requesting that the Commission again table the case for one month, until March 3rd, so that site issues (curb cuts) can be resolved. Petitioner has scheduled a meeting with City staff the first part of February and if plans are revised this case will be sent back to Design & Review. Planning Case Report 91-42 February 4, 1992 Page -2- ge Property owners originally notified for the case were sent a notice stating that the case would be tabled until the March Planning Commission meeting. Staff recommends that Planning Planning Commission meeting. RECOMMENDATION Case 92-41 be tabled for one month until the March 3rd Attachments: Request to Table Fina Site Plan Staff Concept Plan Notice to Property Owners Cc)mi: Fax ~ Mess~ Total, Pleas~ noted. FINN s DANIELS BROUSSARD · 2324 UNIVERSII'V AVENUE ,~IJITE 109 4. PAUL, MN.56114 612-641-1339 Fax Transmittal Sheet ,~ages including cover sheet:_ notify us immediately at (612)641-1339 if enclosures are not as WINNETKA FINAMART 3535 ~ AVE. f'~ HO~ ~t,I~SOTA ! ' !tl FINA REDEVELOPMENT 4401 Xylon Avenue North New Hope. Minnesota 55428 Phone:531-5100 FAX '~6~2) 53~-5; 74 January 29, 1992 NOTICE REGARDING PLANNING CASE 91-42 PROPOSED FINA SERVE STORE LOCATION AT 36TH AVENUE NORTH/WINNETKAAVENUE 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, 19~2, New Hope Planning Commission meeting and continued until the January 7 and February4, 1992 Planning Commission meetings, will be tabled at the February meeting and continued until the March 3, 1992, Planning Commission meeting. No disucssion on the case will take place in February as the petitioner is making additional site plan revisions. Discussion on the proposal will continue at the March 3, 1992, 7:00 p.m. Planning Commission meeting and you are invited to attend the meeting and express your opinion on the proposal at that time if you desire to do so. Please contact Kirk McDonald (531-5119) if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: e 92-02 Request for Variance to the 35-foot Rear Yard Setback Requirement to Allow Construction of a 3-Season Porch 3433 Gettysburg Avenue North 19-18-21-22-0037 R-1 (Single Family Residential) Michael and Theresa Gray January 31, 1992 February 4, 1992 BACKGROUND The petitioner is requesting a variance to the 35-foot rear yard setback requirement to allow construction of a 3-season porch, pursuant to Section 4.034(3) of the New Hope Code. The petitioner is proposing to construct a 14' x 16' (224 square foot) three-season porch on the southwest side of the existing home in the rear yard. A 30' x 16' (480 square foot) deck presently exists on the southwest side of the home in the rear yard, thus the request is to construct a three-season porch on a portion of the existing deck. The requested three-season porch would be located (at the closest poin0 22 feet from the rear yard property line. The rear yard setback requirement in the R-1 Zoning District is 35 feet. The City Code allows open porches and decks as encroachments on yard setback requirements, however, porches and outdoor living rooms which become closed in and attached to the dwelling subsequent to initial construction of the principal dwelling are not exempt from yard setback requirements. Therefore, a 13-foot variance from the 35-foot rear yard setback requirement is needed to locate the three-season porch 22 feet from the rear yard property line. (The open deck is in compliance and requires no variance. The property is irregular in shape due to its location on a cul-de-sac, contains approximately 12,000 square feet, and the existing structure meets all yard setback requirements. e The site is zoned "R-l" Single Family Residential and is surrounded by "R-I" single family homes on the north/east/south/west. The topography of the property shows a flat front yard, with the rear yard sloping away from the home to the west. e The home was constructed in 1966 by the same builder/contractor (Dempsey) that the homeowner desires to have construct the porch. Property owners within 350" of the subject property have been notified and staff has received no comments in regards to this request. Planning Case Report 92-02 February 4, 1992 Page -2- ANALYSIS The purpose of a variance is to permit relief from the strict application of the zoning code where undue hardships prevent the reasonable use of the property and where circumstances are unique to the property. A hardship may exist by reason of narrowness, shallowness, or shape of property, or because of exceptional topographic or water conditions. The hardship cannot be created by the property owner, and if the variance is granted, it should not alter the essential character of the neighborhood or unreasonably diminish or impair property values in the neighborhood. Although the property does not contain unusual topographic conditions, it does have an irregu- lar, four-sided 'pie shapeH due to its location on the cul-de-sac which makes the rear yard narrow at the southwest comer. 3. Staff's attachment, which denotes the buildable yard, shows that it is not feasible to expand the home to the rear in areas other than the bedrooms (on the rear northwest) and still comply with setback requirements, thus the request for the variance. The porch would be constructed . off of the family room/dining room/kitchen area. 4. A 13-foot variance from the 35-foot setback requirement is a 37% exception to the City Code. 5. Note on the topo map that there are dense areas of trees to the west and north of the home which should provide a good buffer to screen the porch from the homes most impacted to the west and north. Also note that the home is not parallel to the homes on the north and west, which should also assist in diminishing the impact of the porch on neighboring properties. 6. The porch plans that have been submitted show that the existing patio door would be replaced with a French door, a majority of the exterior of the porch would be glass (combination of patio doors and thermo glass), and the trim would be cedar. The roof line of the porch would be at a 90 degree angle to the existing structure. 7. Staff recommends that architectural compatibility with the existing structure should be discussed. Staff does not feel that the submitted plans are complete enough and has so notified the contractor and petitioner. Staff has requested that revised elevation drawings be submitted to clearly illustrate that the design of the porch is consistent with the existing home. 8. Staff also recommends that an *as-built" lot survey be submitted prior to construction to verify the setback and that the lot be staked by the surveyor at the time of the building permit application. RECOMMENDATION Due to irregular shape of the property, staff recommends approval of a 13-foot rear yard setback variance request for the construction of a three-season porch, subject to the following conditions: 1. Revised elevation drawings be submitted to clearly illustrate that design of porch and building materials will be consistent with existing home. 2. Prior to construction an "as-built" survey be submitted to verify setback and lot to be staked by surveyor at time of building permit application. Attachments: Zoning/Section Map Topo Map Certificate of Survey Staff Attachment - Buildable Yard Porch Plans NORTH~O00 PARK $6 TH No WAY ST. JOSEPH'S .CATHOLIC CHURCH ~q;Ol SONNESYN ELEMENTARY SCHOOL NOR' F HIDDEN PAIqK 963.3 962.4 × ~ 96._.s 7 970.4 × 35 1/2 )Fo 972 7 35TH 966.'7 )~ AVENUE × 965 6 AVENUE .) SCALE: 1" = 100' 964 2 ENUE 979.5 Z } ~VEN~E ·I I 77Qi Lakeland ~'~e.t(Imoldy- PaR~,, P. O. ~, Minn. Ph~. HA. 5-2181 I / ' CASWELL ENGINEERING CO. ~~ Registered Professional Engineers and Land Surveyors ~ ~ ~ CERTIFICATE OF SURVEY 60.0 .................... P-cAT ° bE V:''~' ~-~ NEW HOPE ; DATE_ /' -- ~. I hereby certify that this is a true and correct representation of o survey of the boundaries cf the land desc/-ibed above. It does not purport to shaw improvements or encroachments, if any. As surveyed by me this_ ,z~;;~ Q,~ ____day of i"7~,'~' P_LAN~-APPRJ~V~. '~ BUiLDi;,~G t?~iSPECTOR ~5~'~' File No. ~TP/-_"/_--/~_Sook P.~P Page_ -~'~' CASWELL ENGINEERING CO. b 'y~ Minnesota Registration No A lakeland ~ve.~(k'm~ Perk), P. O. Omee, Mi~. C'ASWELL ENGINEERING CC Registes'ed Professional Engineers and Land Surveyors CERTIFICATE OF SURVEY A Scale /"- %0 ' BUi: ~,~'~ I~'ISPECTOR e.a ~' ' VILLAGE'~F NEW HOPE ~[ DATE ~ m' I hereby certify that this is a Irua and cae'tact repres4n' tion of a survey of the boundaries of the land descy"ibed above It does not purl)art to shaw improvements or eflcroochments, if any. As surveyed by me this ,/~ .7'_~_ __~da¥ of _/¢"~' b , 19~. File Ne .~/-,,'J~--/~._~ec._k ~.~'-~ Page CASWILL ENGINEERING CO. Minnesota Registration No. l Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 91-15 Request for Ordinances Pertaining to Adult Use Zoning and Adult Use Licensing in New Hope City of New Hope City of New Hope January 31, 1992 February 4, 1992 BACKGROUND City staff is requesting consideration of the following two ordinances: A. An Ordinance Amending Chapter 4, New Hope City Code, Relating to the Defini- tion of Adult Uses; General Provisions for Adult Uses; Regulation of Adult Uses- Accessory Within the B-I, B-2, B-3, B-4, 1-2, and 1-2 Districts; Regulation of Adult Uses-Principal Within the B-3, B-4, I-1, and 1-2 Districts. B. An Ordinance Regulating the Licensing of Adult Uses-Principal During the summer of 1990 several news stories appeared which described adult entertainment type uses being introduced into communities which were unprepared for such events. The zoning and licensing provisions in these cities were found to be inadequate to properly regulate these types of adult activities. So as not to encounter similar situations, may cities are directing that appropriate zoning and licensing protections be pursued. Activities defined as adult uses are protected by the the First Amendment and a community must provide reasonable opportunity for adult uses to exist. However, adult uses may produce a secondary impact or effect which is judged as negative to the health, safety, and general welfare of the community. Due to the secondary impact of adult uses, a community can regulate such activities and restrict their proximity to sensitive activity sites which are typically oriented toward minors. The Planning Commission made a recommendation to the City Council that the adoption of an ordinance to regulate adult uses in New Hope be pursued. On February 25, 1991, the City Council took two actions in regard to this matter: A. The Council adopted Resolution 91-43, Directing the Continued Study of the Regulation of Adult Entertainment and Adoption of Interim Ordinance No. 91.07. The resolution directed staff to study the most appropriate locations for adult entertainment within the City so that the Zoning Code and Comprehensive Plan could be amended to provide for said uses with the minimum effect on surrounding properties. The resolution also stated that the City would adopt an interim ordinance temporarily prohibiting all adult entertainment within the City while the study was being conducted. Planning Case Report 91-15 February 4, 1992 Page -2- B. The Council adopted Ordinance No. 91-07, An Interim Ordinance Prohibiting All Adult Entertainment Within the City of New Hope. The moratorium prohibition or term was effective for a period of one year to February 25, 1992, and could be extended subsequent to the one-year period. During the course of the moratorium the City staff was directed to proceed to study the adult entertainment issue with a view toward adopting a zoning ordinance permitting the establishment of said uses within the City at approprriate locations with the minimum effect of surrounding properties. Over the course of the past year the staff, Planning Consultant, City Attorney, and Codes & Standards Committee studied the issue at length and the Planning Commission conducted several work sessions on the topic. A notebook was assembled with background material, sample ordinances and relevant studies, and one was provided to each Commissioner. 5. In order for New Hope's regulations to be enforcable, a public record must be estblished to prove that the Planning Commission and City Council made findings that the adopted regulations were required to combat the adverse secondary effects of sexually-oriented businesses. This does not require the City to conduct its own independent study, as New Hope can rely on the experience of other cities to find that adult entertainment will cause adverse secondary effects. However, the Planning Commission and City Council need to be familiar with the studies and must find that they are relevant to New Hope's circumstances. The City Attorney also recommends that public hearings be conducted at both the Planning Commisison and City Council level so that the argument that the regu- lations are simply a pretext to prohibit sexually-oriented businesses within the City is eliminated. 6. In November, 1991, the Planning Commisison and staff recommended to the City Council that the moratorium be extended an additional 6 months until ordinances 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. 7. Official notice has been published that a public hearing will be held to consider an ordinance amending the New Hope Zoning Ordinance by defining and regulating sexually- oriented businesses and uses. The notice states that the ordinance will have the effect of defining sexually-oriented businesses and uses, regulating said businesses and uses, and designating zoning districts allowing the establishment of said businesses or uses as permitted, accessory, or conditional uses. Staff has received no comments on the published notice. ANALYSIS 1. It should be emphasized that the purpose of the ordinance is in no way intended to facilitate or promote adult entertainment uses within the City of New Hope, but is intended to regulate and limit their locations and protect other land uses that may be impacted by their existence. Planning Case Report 91-15 February 4, 1992 Page -3- 2. The parameters of regulation that have been established e through court cases, and state, regional, and national studies, and have an impact on this ordinance include: A. Activities defined as adults use are protected by the First Amendment of the U.S. Constitution, freedom of speech, freedom of press, etc. B. A Renton County Washington Supreme Court ease determined that a community does have to give the use some opportunity for the establishement of the use and cannot be discriminated against nor outright prohibited. C. Several studies, including one by the Attorney General of Minnesota, have determined that adult uses generate secondary impacts that negatively impact surrounding properties with regard to health, safety, and welfare, in that crime rate and prostitution is increased and property values are depreciated. D. Due to the secondary impact, communities can undertake regulations to insure or mitigate the negative impact where there would be an assembly of minors. E. Regulations can be established to provide separation of like uses to prevent an accumulation of these uses in one area as it has been proven that the secondary impact is increased due to the added activity. F. A community has the right to police these activities. There are two ordinances being suggested to address the issue: an amendment to the zoning ordinance and a licensing requirement similar to business licensing. "Adult use principal" is the general use the City is attempting to regulate and limit within the community and it is defined as anything that cannot be classified as adult accessory. The General Provisions of the ordinance will include a purpose which identifies that the City recognizes that there are adverse secondary impacts that are damaging to the community, particularly when they are accessible to minors or located next to residential properties and residentially related uses such as schools, day care centers, libraries, parks and other such activities. Four general categories are included: -Activities judged as obscene by MN Statute are strictly prohibited. -Adult uses, either principal or accessory, within residential buildings or buildings used for residential purposes are strictly prohibited. -Adult uses in an area or buildings or sites where there is dispensing or consumption of alcoholic beverages is strictly prohibited. -Adult uses does not qualify the accessories considered principal. The Planning Commission has generally agreed to a 300-foot setback for adult uses from residential zoning districts, schools, churches, etc. When this setback is applied City-wide, there is about 3.5% of the land area within the City where adult principal uses could be located in two separate industrial areas: A. Science Industry Park B. The industrial zoned property in the south part of the City abutting Nevada Avenue and Medicine Lake Road. Planning Case Report 91-15 February 4, 1992 Page -4- 6. Conduct of Hearing - The City Attorney and Planning Consultant will both be present at the meeting, will provide an overview of the ordinance to those in attendance, and will assist with the discussion/answering of questions. The purpose of the hearing is to receive public input about the proposed ordinance, to establish a public record that the ordinance is necessary due to the secondary adverse impacts, and to confirm that the f'mdings presented in previous reports/studies are applicable in New Hope. The City Attorney recommends that the Commi~ion not make any f'mal recommendations to the Council on the adoption of an ordinance at the February hearing. He would prefer to wait until the minutes from the hearing are available and draft "f'mdings of fact' on the need for the ordinance based on the minutes. These f'mdings would then be reviewed at the March Planning Commission meeting, recommended for adoption, and passed on to the City Council. 7. Licensing Fee - All of the research on licensing fees has not been completed and this information will be presented in March along with the findings. The fee is not a part of either ordinance anyway - it will be established by separate resolution. The City Attorney can discuss this in greater detail at the hearing. He will be recommending that the Commisison not establish a specific fee, but that instead the Commission pass a recommendation on to the Council that a fee be charged that is sufficient enough to reimburse the City for costs to enforce the ordinance, as justified by the City staff. Additional Conditions/Performance Standards - A recent article was published in the Star Tribune regarding health conditions at the adult bookstore located in Ramsey (enclosed). It is the opinion of staff, Planning Consultant, and Attorney that additional conditions be added to the performance standards portion of the New Hope ordinance to address health issues, hours of operation, backdoor entrances not viewable from the stret, etc. These issues will also be addressed in March. 9. The most recent revision of the ordinance is attached for the public hearing. Staff requests that Commission members also bring to the hearing the loose-leaf notebooks that were distributed earlier for reference purposes. Attachments: Public Notice Revised Ordinance Opportunity Maps Ramsey Article Work Session Minutes 11/21/91 C. ORRICK LAW OFF{CE~, PA. WILLIAM J, CORI~CK STEVEN A. SONDRALL, PA. STEVEN A.SONDRALL MICHAEl R. I~FLEUR IAAP~IN P. MALECHA W~.LIAM C. STRAIT COl{RICK & ~)NDRALL A PARTNEP~NIP OF Fq~OFP.~q~IONAL CORPOI~TIOf~ Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite //203 Brooklyn Park. Minnesota 55443 TELEPHONE (~12) 425-56'71 FAX (612) ~AVONNE E. KEgKE ~ O. DERBY January 13, 1992 The New Hope-Golden Valley Sun-Post 8801 Bass Lake Road New Hope, MN 55428 ATTN: Audrey BY FAX TO 537-3367 RE: Notice of Public Hearing to Consider Ordinance Amending New Hope Zoning Code by Defining and Regulating Sexually-Oriented Businesses and Uses Our File No. 99.40045 Enclosed is a Notice of Public Hearing of the City of New Hope for publication on January 22,-.1992 in the New Hope-Golden Valley Sun- Pos%. Please forward your affidavits of publication and statement in the usual manner. Very truly yours, Steven A. Sondrall slm Enclosure cc: Valerie Leone, City Clerk ~=I~THISCOPYFOR Kirk McDonald, Management As;st NOTICE Of PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY DEFINING AND REGULATING SEXUALLY-ORIENTED BUSINESSES AND USES City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope, Minnesota, will meet on the 4th day of February, 1992, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of defining sexually- oriented businesses and uses, regulating said businesses and uses and designating zoning districts allowing the establishment of said businesses or uses as permitted, accessory or conditional uses. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Dated the 1?th day of January, 1992. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 22nd day of January, 1992.) MEXlOR,\NDUM · TO: Kirk McDonald F=OM: Allan Hunting/Alan Brixius DATE: RE' FILE NO,: 28 January 1992 New Hope - Adult Use Ordinance 131.00 - 90.10 (612) 595-9636 FAX (612) 595-9837 Attached is the latest version of the adult use ordinance and licensing section. If you have any questions regarding the ordinance, please do not hesitate to call. pc: Steve Sondrall 5775WAYZATABOULEVARD · SUITE 555 · SAINT LOUIS PARK, MN 55416 WHITE - ORIGINAL YELLOW - FILE COPY ¢tNK - C FILE 11/27/91 ~-~ ORDINANCE NO. 1991- AN ORDINANCE AM~ND~ CHAPTER NO. 4 OF T~R CITY OF NEW HOPE RELATING TO TH~ DEFINITION OF ADULT USES; GENERAL PROVISIONS FOR ADULT USES; P. EGULATION OF ADULT US~S-ACCESSORY WITHIN THE B-l, B-2, B-3, B-4, I-1, AND I-2 DISTRICTS; REGULATION OF ADULT. USES- PRINCIPAL WITHINT~R B-3, B-4, I-1 AND I-2 DISTRICTS. THE CITY COUNCIL OF NEW HOPE, MINNESOTA, ~m~Rmy ORDAINS AS FOIJ~OWS: Section 1. following: Section 4.022 is hereby amended to add the 4.022.(2A) Adult Uses: Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales and ~rental, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. (a) Specified Anatomical Areas: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (b) Specified Sexual Activities: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. 4.022.(2B) Adult Uses Accessory: The offering of goods and/or services which are classified as adult uses on a limited scale, as defined in Section 4.0391.4 of the Zoning Ordinance, and which are incidental to the primary activity and g o o d s and/o r services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures. 4.022.(2C) Adult Uses Principal: The offering of goods and/or services which are classified as adult uses, and which do not meet the definition of accessory adult uses, include but are not limited to the following: (a) Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas". (b) Adult Use Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". 2 (c) Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" (d) Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (e) Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . (f) Adult Use - Health/Sport Club: A health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (g) Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexually activities" or "specified anatomical areas". (h) Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (i) Adult Use - Mini-Motion Picture Theatre: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on "specified 3 sexual activities" or "specified anatomical observation by patrons therein. areas" for (j) Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". (1) Adult Use Motion Picture Theatre: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (m) Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (n) Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (o) Adult Use - Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished "specified sexual areas" and characterized activities" or by an emphasis on "specified anatomical Section 2. following: Section 4.039C is hereby amended to add the ADULT USES Section 4.039C 4.039C(1) 4.039C(2) 4.039C(3) 4.039C(4) 4.039C(5) Purpose General Adult Uses-Principal Adult Uses-Accessory Non-Conforming Adult Use-Principal or Accessory 4.039C(1). Purpose. The nature of adult uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks. Furthermore, the concentration of adult uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of adult uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of adult uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value. 4.039C(2). General. Adult uses as defined in this Ordinance shall be subject to the following general provisions: (a) Activities Minnesota Statute prohibited. classified as obscene as defined by 617.241 are not permitted and are (b) Adult uses, either principal or accessory, prohibited from locating in any building which utilized for residential purposes. shall be is also (c) Adult uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages. (d) An adult use which does not qualify as an accessory use shall be classified as an adult use-principal. 5 4.039C(3). Adult Uses - Principal (a) Adult use-principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of: (1) Residentially zoned property or residential uses (2) A licensed day care center (3) A public or private educational facilities including elementary, junior high or senior high schools (4) A public library (5) A public park (6) Another adult use, principal (7) An on-sale liquor, wine or beer establishment (8) Churches (9) Commercial recreational facilities whose majority of customers consists of minors (10) Specialty schools whose majority of enrollment consists of minors (b) Adult use-principal shall be located at least three hundred (300) radial feet as measured from one another. (c) Adult use-principal activities, as defined by this Ordinance, shall be classified as one use. No two adult uses-principal shall be located in the same building or upon the same property and each use shall be subject to Section 4.0391.2 (b) and (c)'. (d) Adult use-principal signing regulations. shall adhere to the following (1) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; and (2) Shall not contain material classified as advertising; and (3) Shall comply with the requirements of size and number for the district in which they are located. (e) Adult use-principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, r other performance or exhibition presented to the general public where minors are permitted. 4.039C(4). Adult Uses - Accessory. (a) Adult use-accessory shall: (1) Comprise no more than ten (10) percent of the floor area of the establishment in which it is located. (2) Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. (3) Not involve or include any activity except the sale or rental of merchandise. (b) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. Business owner shall make every reasonable precaution to limit access to minors. (1) Movie Rentals. Display areas shall be restricted from general view and shall be situated in such fashion as to prohibit access and visibility to minors, the access of which is in clear view and under the control of the persons responsible for the operation. (2) Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. (3) Other Use~ Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the City Council. (c) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. 4.039C(5). Non-Conforming Adult Use-Principal or Accessory. Adult uses which are classified as legal non-conforming uses may continue in accordance with the provision of this Ordinance, except that any such non-conforming use shall be terminated and become illegal on and after 30 June 1992. To the extent possible, the City shall attempt to identify all such uses which become classified as non-conforming under the provisions of this subdivision and shall notify the property owners and operations of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the City Council for an extension of the termination date. Any such application shall be in writing and be received by the City no later than 1 June 1992. Failure to submit a timely extension application shall constitute a waiver of the right to request an exception, if upon the Council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the City Council may consider any factor relevant to the issue, including but not limited to: (a) The degree or magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation. (b) The length of time that the adult use has been operating. (c) The ease by which the property could be converted to a conforming use. (d) The nature and character of the neighborhood. surrounding (e) The value and condition of the improvements on the property. (f) The amount of the applicant's investment in the business. (g) The amount of investment already realized. (h) The cost of relocating the adult use. Section 3. Section 4.103 is hereby amended to add the following: 4.103 Accessory_Uses. 6. Adult Uses-Accessory as regulated by Section 4.039C(4) of this Ordinance. Section 4, Section 4.122 is amended to add the following: 4.122 Permitted Uses. 7. Adult Uses-Principal as regulated by Section 4.039C(3) of this Ordinance. 8 Section 5. Section 4.132 is amended to add the following: 4.132. Permitted Uses. 7. Adult Uses-Principal as regulated by Section 4.039C(3) of this Ordinance. Section 6. Section 4.142 is amended to added the following: 4.142. Permitted Uses. 15. Adult Uses - Principal as regulated by Section 4.039C(3) of this Ordinance. Section 7. This Ordinance shall take effect and be in full force from and after its passage and publication. Passed by the City Council of the City of New Hope, this __day of 1992. Edward J. Erickson, Mayor Valerie Leone, City Clerk (Published in the official newspaper on 9 ORDINANCE NO. 1991- AN ORDINANCE REGULAT~ T~R LICENSIN~ OF ADULT USES - PRINCIPAL. T~R CITY OF NEW HOPE, N~-~-ESOTA, m~y ORDAINS AS FOLIX)WS: Section 1. following: Chapter 8.27 is hereby amended to add the chapter 8.27. Adult Use Licensing 8.271 Purpose. The purpose of this Chapter is to establish the regulations governing the licensing of adult uses-principal in the City of New Hope. 8.272 Definitions. For the purpose of this Chapter, the terms defined in this Chapter shall have the meaning herein given them: (1) Adult Uses. Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales or rentals, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in'- which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. (a) Specified Anatomical Areas. i. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and ii. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (b) Specified Sexual Activities. i. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or ii. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or iii. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or iv. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or v. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any suCh persons; or vi. Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or vii. Human excretion, urination, menstruation, vaginal or anal irrigation. (2) Adult Uses - Accessory_. The offering of goods and/or services which are classified as adult uses on a limited scale, as defined- in Section 4.039C(4) of the Zoning Ordinance, and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures. (3) A~ult Uses - Principal. The offering of goods and/or services which are classified as adult uses and which do not meet the definition of accessory adult uses, including but are not limited to the following: (a) Adult Use Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas" (b) Adult Use - Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". (c) Adult Use - Cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". (d) Adult Use - Companionship Establishment. A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (e) Adult Use - Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (f) Adult Use - Health/Sport Club. A health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (g) Adult Use Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexually activities" or "specified anatomical areas". 3 (h) Adult Use - Massage Parlor, Health Club. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (i) Adult Use - Mini-Motion Picture Theatre. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (j) Adult Use - Modeling Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Use - Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are ma-intained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" (1) Adult Use - Motion Picture Theatre. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (m) Adult Use - Novelty Business. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. 4 (n) Adult Use Sauna. A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (o) Adult Use - Steam Room/Bathhouse Facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" 8.273 License Required. No person, firm, or corporation shall operate an adult use, principal without having first secured a license as hereinafter provided. 8.274 Applications. In addition to such applicable information as the City may require, the application shall also include: (1) The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation, the names,~ residences, --phone number and birth dates of those owners holding more than five percent (5%) of the outstanding stock of the corporation; (2) The name, address, phone number and birth date of the manager of such operation, if different from the owners; (3) The premises where in the adult use is to be located; (4) A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than five percent (5%) of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities. (5) The activities and types of business to be conducted; (6) The hours of operation; 5 (7) The provisions made to restrict access by minors; (8) A building plan of the premises detailing all internal operations and activities. 8.275 License Fees. (1) Each application for a license shall be accompanied by a receipt from the City for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any applications for a license, the City may refund the license fee paid, minus the amount of costs necessary for application, investigation and review, including but not limited to, costs relating to administration, planning, legal, inspection, and police investigation. (2) All license shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rate fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. (3) The annual fee for an adult use-principal license shall be as specified in Resolution (4) No part of the fee paid by any license issued under this Ordinance shall be refunded except in the following instances upon application to the Zoning Administrator within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of: (a) Destruction or damage of the licensed premises by fire or other catastrophe; (b) The licensee's disabling illness; (c) The licensee's death; (d) A change in the legal status making unlawful for the licensed business to continue. 6 8.276 Granting of License. (1) The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application. Criteria for evaluating a license shall include the following: (a) Application shall be completed in full. (b) Applicant shall be eligible Section 8.278). for license (see (c) Location shall be Section 8.279). eligible for license (see (d) Applicant shall provide description of product line on sale in premises. (e) Applicant shall identify means of restricting access by minors and shall not employ on the adult use premises any minors. (f) Applicant shall provide property owner's name and address and business owner's name and address. (g) The adult use shall be in compliance with all applicable City Code regulations. (2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Zoning Administrator. 8.277 Existing Licensees Compliance. Existing Licensees Compliance. All existing businesses shall be required to conform with this provision on or before 30 June 1992. Failure to comply will result in the license being revoked effective 12:00 midnight 30 June 1992~ 8.278 Persons Ineligible for License. granted to or held by any person: No license shall be (1) Under twenty-one (21) years of age; (2) Who has been convicted of a felony or of violating any law of this state or local ordinance relating to sex offenses and/or adult uses. 7 (3) Who is not the proprietor of the establishment for ~ which the license is issued. 8.279 Places Ineligible for License. (1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this Chapter, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation. (2) Except for uses lawfully existing at the time of this Ordinance adoption, no license shall be granted for any adult use which is not in compliance with the City's zoning regulations. 8.280 Conditions of License. (1) Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Chapter, and of any applicable sections of the Code of the City or state law. (2) All licensed premises shall have the license posted in a conspicuous place at all times. (3) No minor shall be permitted on the licensed premises. (4) Any designated inspection officer of the City shall have the unqualified right to enter, inspect, and search the premises of a licensee during business hours. (5) Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of order. 8.281 Penalty. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by State law. 8 Section 2. Effective Date. This Ordinance shall take effect and be in full force from and after its passage and publication. Passed by the City Council of the City of New Hope this day of 1992. ATTEST: Edward J. Erickson, Mayor Valerie Leone, City Clerk (Published in the official newspaper 9 CITY OF NEW HOPE APPLICATION FOR ADULT USE LICENSE FOR YEAR Principal Use FULL Name of Business: Business Address: (Street,Box, Route) Business Phone Number(s): Hours of Operation: Applicant's FULL Name: (City) (State) (Zip) (Last Name) (First Name) (Middle Initial) 6. Applicant's Address: (Street,Box,Route) (City) (State) (Zip) 7. Applicant's Phone Number(s): 8. Applicant's Date of Birth: 9. Applicant's Position With Company: 10. If corporation, list below the names, residences, phone number, and birth dates of those owners holding more than 5% of the outstanding stock of the corporation: 11. Manager: 12. 13. 14. 15. 16. (Last Name) Manager's Address: (Street,Box, Route) Manager's Phone Number(s): Manager's Date of Birth: Type of Activity: (First Name) (Middle Initial) (City) (State) (Zip) Description of Activity: 10 17. Other cities or communities where you've applied for or held~-~, license to operate a similar type of business: 18. Have you, or in the case of a corporation, the owners of more than 5% of the outstanding stock of the corporation, been convicted of a gross misdemeanor or felony relating to a sex offense .or to the operation of an adult use and related activities? If yes, explain: 19. 20. Please fill out COMPLETELY the attached forms that are required for the Minnesota Department of Revenue and Department of Labor and Industry. Some of this information may be repetitive, but it is required by Minnesota Statute Sections 270.72 and 176.182. Applications will not be acCepted until these forms are filled out completely. The license will take effect on January 1, 199 and will expire on December 31, 199 The license fee as prescribed by Resolution must be paid at the time of application. The undersigned applicant makes this application pursuant to all the laws of the City of New Hope, Hennepin County, State of Minnesota and such rules and regulations as the City Council of the City of New Hope may from time to time prescribe. Applicant's Signature: -- Date: The applicant is required to submit, at the time of application, a building plan drawn to scale of the premises showing location of all activities. Received on Receipt # Approved on Police Department Findings: 11 PREL I~ ~INARY OPPORTUNITY AREA 500 feet OPI~ORTUN ITY AREA ~ 300 £eet iPPORTUNITY AREA [] 300 FT AVE. i 1"= 500' i i REVISED AREA ~ 300 fee MUNSINGER GYMNASTIC CENTER SCIENCE INDUSTRY R.4 CENTER RO~O SCIENCE CENTER DRIVE ~T. PAU~ & SAuL. T S&INTF.. laAR~ CJI ST AvE. OPPORTUNITY AREA OPPORTUNITY AREA LOST EWCREST \ LANE ~ KE ~BROAD L · GRAND SLAM -! /11111/11111/11 COUNTY N ROAD z V~ NO, 1"= 500' OPPORTUNITY AREA DOPPORTUNITY AREA LOST , XXX shOP Ramsey cites; health risk in ~ fight to close :~.~ adult bookstO~ ~ being broadcast t'e~ everyone herr. Witnesses told of lay and bise~i~ men, whose cars often ~ the acts. Un~v~ ~l~ offi~ of ~ off~ ~0 ~ Othen de~ the wtLls of the baetbs sa men ¢~kl watcl~ or mrUapa~e m aaonyqLi:~ Gfl~n, ~'s.~y~, ~ (But) I think ~'s ~ m ~ a ~ (of ~)." ;- · ~e mk~ ~ ov~ ~'~ most ~ove~ ~ ~ .~o~ ~ ~mm~, ~ h~ n~ ~ it ~~ ip~ Of~ Al~ou~ o~ ~m d~ to li~ the ad~t ~m~ ~' comp~ i~ ~ ~ of · e ~. tu~e. expe,i,., the peLifica~ lans ~d ~Uo~c ~out ~ of ~e ~ ~ T~, ~e ~fe~ w~o io~ ~n~ Fe~ ~- der. ~~'s tnost ptomin~t ~m ~--. ~ of ~e el~eu~ T~ =~'s key ~m~ ~ ~DS ~m -wcer,.~m amount of cr,_,i_~in$ oc~trs at.."the Ramsey booLstore.~ asked "A-ce~in amounf?. A lot of it," ~ I~mmmmm ~ rtl eve you C_~xi's opinion ~ it's ~ a~mma- Uo~" he ~ ~on. C~ o~ ~ ~ ~ot~- ~ ~e ~o~'s o~. ~ ~m ~ move ei~h~ ~ ~e S~ World ~d 8~d m~W w~en Holm~ o~ ~e ~o~. now ~ ~ ~ ~ ou~ B~oitst~u ~onunued on pa~ 6B Bookstore "It's in foreclosure," Sentyrz smd of ~le day..ca~ center, w~ch ~ a~ut it to ~ ~ ~m~ .... We ~ 8ot~ m ~ pm~bly ~ of iL" The bookstore also may have ~rmer Mayor Gary RO~mann ~US job · November 1990. Hoimberg ac- -~ording to Reimann and other aty ~ signs at the :tmoksto~pUt up campmgn supporunl Re, mann ~n an ~m'ternpt to lead voten into t~nking Reirnann supported the bU~ness. He ~Jd not. ~l~irnberg also filed a police rein jim dam before the elecuon implying lteimann came to the bookstore late one night and reed to vandalize the signs. "rye alv~ys been agmnst the bc~kr, ore," smd Re,mann, a forklift ttq~irman. "(Hoimberg's) probably Ibc lowest ... ry~e of permn on ltolmberl's bruscl~e demeanor also ~ame to play dunnl Wednesday's Ile~nnl. A~ Pien~ fimshed his test/. mony, Holmber~ pointed at him ~nd -mUd; "Lyle, (you made) your last - v~it. Find someplace else." W'nile c-fmcs clmrn other,,v~e, Ram- sey officm~$ say the he~qn[ is no~ an · tttempt to close the beokstore. The at)/, they say, simply wants Holm. be)l. to tak0 the doon off the booths, ~ tl~ li~un~ in t~e ~ and (:over the "~ory holes" -- all in the n~me of public health. ^ jud~ is from Imge 2B expected to role tn the c~,~. ~ernaps by late Februm'y. "It's st~ctly a he~hh ~ssue. expect they'll stay open." ~md Ge~- rich, the city's attorney. "~But) somewhat helpful m reciucmg :he spread of comrnumcable d~seases." To help his case, Gcxxtnch baa ma Strand, AnoLa County's HIV. r~ource penon, ~u~ at ~he hear- i~ "You don't ~ow who your pa~- ~ ~" S~nd ~d of anon~me,as ~x. "You don't ~ow wher~ ~ ~ ~n." But Tigue, the bookstore's attome,. said at/es are ~nc'r~as~n~ty u-y'mg (o link adu~ bookstore and .~.IDS :c c~noutlale theu' attempt to close the boolmtores. "It's at:~otutelv clear :ha: muaimlmliUm are enacun~ these :~ cleee bool~tore~), not out o£an~ con- cern tot public hesith.' sa~d TigUe For Joe McGinms, a retired driver who watched the hea~,n$ per,ion and then asmn on TV ~t '*as all a little much. "It was on morning," said McGinni$. '~,~.: wants the bookstore closed. astounded what was going on there .... It's gotten to ~e a homcsex- ual hangout." 4401XYLON AVENUE NORTH HEIqNEPIN COUNTY, MINNESOTA PLANNING COIO(ISSXON WORK SESSION NO'~S NOVEMBER 21, 1991 CALL TO ORDER Chairman Cameron called the meeting to order at 7:00 p.m. ROLL ~...,p,T~. Present: Commissioners Zak, Cassen, Cameron, Gundershaug, Sonsin, Underdahl, Friedrich, Lifson, Watschke Management Assistant McDonald City Attorney Sondrall Planning Consultant Brixius DXSCUSSXON ON ADULT ENTERTAXNMENT ORDINANCE The Planning Consultant, Alan Brixius, explained that the purpose of the discussion is to make sure the objectives of the City regarding the issue will be achieved. He explained the purpose of the ordinance and emphasized that adoption of the ordinance is in no way intended to facilitate or promote the uses within the City of New Hope, but is intended to regulate and limit their locations and protect other land uses that may be impacted by their existence. He noted that the whole issue was stimulated in the summer of 1990 with the adult use that surfaced in the community of Ramsey, which did not have any type of adult use regulation and it had to be treated as any other retail use under their zoning ordinance. He pointed out that as a result of that instance, many other communities are now participating in establishing an adult use arrangement, including Ramsey which is now in the process of a lawsuit to relocate the use within the community. He stated that the motivation for this type of use is the need to establish a regulation which dictates the use and separation from other uses which may be inappropriately impacted. He outlined the parameters of regulation referred to in the August 19th report that have been established through regulations, court cases, and state, regional, and national studies: 1. Activities defined as adult use are protected by the First Amendment of the U.S. Constitution, freedom of speech, freedom of press, etc. 2. A Renton County Washington Supreme Court case determined that a community does have to. give the use some opportunity for the establishment of the use and cannot be discriminated against nor outright prohibited. 3. Several studies, including one by the Attorney General of Minnesota, have determined that adult uses generate secondary impacts that negatively impact, surrounding properties with regard to health, safety, and welfare, in that crime rate and prostitution is increased and property values are depreciated. 4. Due to the secondary impact, communities can undertake regulations to insure or mitigate the negative impact where there would be an assembly of minors. 5. Regulations can be established to provide separation of like uses to prevent an accumulation of these uses in one area as it has been proven that the secondary impact is increased due to the added activity. 6. A community has the right to police these activities. Steve Sondrall, City Attorney, explained that the current moratorium on adult uses and "sexually-oriented" businesses in the City is not a moratorium on adult entertainment because all the book and video stores do have their adult entertainment sections, so the ban on adult use is not complete. He noted that the attention is basically being drawn to sexually-oriented businesses, the dirty book stores, rap-parlors, so-called health clubs, and New Hope Planning Commission Work Session -1- November 21, 1991 strip joints, etc. and the moratorium is a temporary ordinance completely prohibiting those uses in the City and that moratorium runs until February 25, 1992. He cautioned that there is a consensus among a number of city attorneys and government attorneys that even a temporary ban is unconstitutional, so it is urgent that an attempt be made to get basic regulation in place in the event that such circumstances as in Ramsey would happen here. He noted that the moratorium could possibly be challenged, but in light of the short term of the moratorium and the progress toward a permanent ordinance it is not likely. He suggested that the current moratorium could be extended to August 1992, giving the Planning Commission time to make a recommendation to the City Council and the Council will have had time to review it and set up two public hearings to consider the necessity and need to put a permanent ordinance in place to regulate these kinds of uses in the City. Mr. Brixius explained there are two ordinances being suggested to address the issue= an amendment to the zoning ordinance and a licensing requirement similar to business licensing. He gave a brief overview of the districts that would accon~odate adult entertainment uses including B-4, B-3, I-l, and I-2. He noted that the commercial districts are being included because of the retail nature of the establishments and keeping them separated might be considered discriminatory. He added that the general regulations contain physical criteria, such as setbacks, etc. which can offer protection. The definitions of adult uses also defines what would be an accessory adult use. Accommodating such uses as magazine sales, video rentals within a small portion of a larger business is necessary because there is a fine line between service areas, such as in drug stores, and some adult accessory uses are common and do exist currently. "Adult use principal" is the general use the City is attempting to regulate and limit within the community and it is defined as anything that cannot be classified as adult accessory. He referred to the General Provisions, noting that this portion of the ordinance will include a purpose which basically identifies that the City recognizes that there are adverse secondary impacts that are damaging to the community, particularly when they are accessible to minors or located next to residential properties and residentially related uses such as schools, day care centers, libraries, parks and other such activities. Four general categories are included= Activities judged as obscene by MN Statute are strictly prohibited. Adult uses, either principal or accessory, within residential buildings or buildings used for residential purposes are strictly prohibited. Adult uses in an area or buildings or sites where there is dispensing or consumption of alcoholic beverages is strictly prohibited. Adult uses does not qualify the accessories considered principal. Mr. Brixius pointed out that using the 500' and 300' setback requirements results in areas that are available being located strictly in industrial zones. Chairman Cameron questioned if restrictions to industrial areas would leave the ordinance open to challenge even though it meets the 5% criteria, etc., and if the ordinance would provide for a retail outlet in any of those areas. Mr. Brixius referred to the case of Ferris Alexander's challenge to the City of Minneapolis's adult use ordinance with the claim that available sites were primarily in a warehouse or manufacturing district, but the findings indicated that the city did not have to guarantee a marketable location, but only provide an opportunity for the co,unity. He added that if the ordinance is adopted it will provide opportunity for retail, as some retail uses are allowed in I-1 districts. New Hope Planning Commission Work Session -2- November 21, 1991 Mr. Sondrall added that it is not necess&ry to make these kinds of uses a good deal economically !for the owners and operators, but just provide an opportunity. Mr. Brixius noted that the 300' setback in New Hope amounts to approximately 4.6% of total land area, and with 500' it is slightly below 3.6%. He explained that concern in developing the ordinance was to try to make it free from immediate challenge by having a standard that was upheld in another case, and the Renton case was used as a benchmark with 5% for adult uses. Chairman Cameron asked if they had investigated a variety of greater and lesser setbacks and Mr. Brixius answered that they had even looked at 1000' which left 2% of total area and they felt they were leaving themselves open to challenge, but with 300' being a full block, that was a logical measure to remain with. Mr. McDonald mentioned that in comparing the size of New Hope with Renton the Codes & Standards Committee felt that maybe 3% was reasonable. Mr. Brixius stated that it is felt the 4.6% and 3.6% standards are reasonable as far as opportunity. He noted that with the 300' setback, the commercial areas are not physically open. He also pointed out that industrial area tend to be isolated away from residential area and provides separation, and commercial uses locating in an industrial area do not receive a lot of business so it is not a marketing factor. Chairman Cameron questioned what protects Winnetka Center and Midland Center. Mr. Brixius explained that with Midland there is an R-1 district, and R-4 district, so any residentially zoned property would prohibit this type of use going in, and the setbacks go from property line to property line, not structure to structure, thereby protecting the far end of shopping centers. Mr. Brixius also pointed out that New Hope's sign ordinance also is restrictive as far as content and size. The question of arcades and video machines was discussed and Mr. Brixius suggested that commercial recreation uses might be added to the list for restrictions. He suggested f~rther that consideration should be given to prohibition of two adult uses within the same principal building and also prohibition of adult use activities within a public show, movies, theatrical performances, etc. where minors are allowed. It would not prohibit an X-rated film from being shown if access to minors is prohibited. He pointed out that the distinction between adult principal uses and adult accessory uses is defined under Section 4, uses that do not represent more than 5% or 10% of the floor area of the establishment and not more than 20% of gross receipts and do not involve any activity except sale or rental of merchandise. He added that this was taken from a St. Paul ordinance and has proven to be effective in action areas, and further noted that there is some provision requiring physical separation of items from the general public access, particularly minors. In case of movie rentals, it prohibits direct access or visibility to minors by some type of physical separation; magazines are to be covered with a wrapper to prohibit view of material except the publication title. Adult accessory uses are prohibited from both internal and external advertising. There is recognition that those uses exist, but it provides some limits on their ability to expand. He referred to the next section on non-conforming adult principal use accessories and suggested part of it could be modified to eliminate the need for addressing existing legal non-conforming uses and could be tailored down to just accessory uses. He noted that in review of Sections 3, 4, and 5, he discovered that it does not include the commercial zoning districts where they would allow accessory uses to roll over from B-1 to B-4. New Hope Planning Commission Work Session -3- November 21, 1991 Commissioner Underdahl questioned the closeness of one area to Hosterman Junior High and the accessibility from 49th and also from Bass Lake Road. Mr. Brixius replied that they are aware of it, but they have to recognize that a small area must be provided, so they try to put them in areas that are not marketable for retail location. Commissioner Cassen called attention to a gymnastics academy located in one area and wondered if they could go in next door. Mr. Brixius explained that the wording could be expanded to include any ty~e of private school. Chairman Cameron offered the possibility that the academy could decide to move to another location within the proximity of this use. Mr. Brixius acknowledged that if this use could be outright prohibited, it would be done and probably be well received, but the reality is that it cannot be done, but putting limits on them can be achieved. Commissioner Lifson asked what is the lowest percent restriction that has been passed or approved. Mr. Brixius replied that the only percent right now came out of the Renton, Washington court case at 5% and that has been used for the model of flexibility. Mr. Sondrall pointed out that the Renton case provided for 520 acres of opportunity area and asked Mr. Brixius to indicate how that would compare to New Hope. Mr. Brixius stated that in New Hope it would be 112 acres. Mr. Sondrall stressed that it was only one guideline in one case and while it is persuasive it doesn't necessarily mean that it is going to be applied across the board. He added that the key purpose of this work session is for the Planning Commission to understand why it is doing what it is doing. He emphasized that they should be cautious not to come across as legislating an ordinance that can be characterized by a lawyer representing a dirty book store owner as a simple pretext to completely prohibit this kind of activity from the City, because as much as it disliked the Supreme Cou=t of both the United States and Minnesota has concluded that this kind of activity does have some redeeming social value, though it is hard to define what it is, therefore a firstamendment constitutional protection for it has been provided. He stressed that it does not mean that all forms of adult enter- tainment will be allowed, but obscenity is difficult to define and interpret, and it is necessary that the City make sure that, even though this type of entertainment is personally distasteful, it recognizes that it cannot be prohibited or regulated based on content. He added that even though people have a right to use these forms of expression, regulations can be made based on time, place and manner showing that there is a governmental interest in protecting the quality of urban life and eliminating the detrimental effects that these businesses bring into areas. He cautioned that it is necessary to avoid the pretext of prohibiting these things and it is the Planning Commission's and City Council's responsibility to make an appropriate public record and hold public hearings to educate the public and receive public input so an intelligent decision on how to regulate these activities can be made, not based on content, but on a time, place, and manner formula. Mr. Brixius stated that one of the reasons for the work session is to discuss how the ordinance should be structured before formal presentation. Mr. Sondrall pointed out that one of the things to find is how to make the determination, and to do that a comparison has to be made with situations pointed out in other reports and findings of other communities who have initiated planning studies and concluded that New Hope Planning Commission Work Session -4- November 21, 1991 the secondary impact can~ affect .the community. He added that the Planning Commission has to make a conclusion based on their analysis of the problem, recognizing that even though these businesses have a right, the City also has a right to control by time, place, and manner. He cited the example of place, stating the concept is to locate them in a place in the City that gives them their opportunity but minimizes the negative secondary impacts on the community. He pointed out that locating them in con~nercial areas could cause the centers to go out of business, and in residential areas people would not buy houses near them, but by regulating their location they can be tolerated even though they are not liked by the majority of the community. Chairman Cameron commented that the concept looks reasonable and would be a defense if anyone ever attacked the ordinance. Commissioner Gundershaug wondered if consideration was given to the residential areas of neighboring communities that border New Hope industrial areas and was informed that it was. Commissioner Cassen pointed out the schools in the south part of the City and the intended location of the Grand Slam sports entertainment complex in one of the warehouses in that area. Chairman Cameron emphasized that almost anywhere in New Hope there could be found a church, school, park, etc., within 2 blocks. Mr. Sondrall pointed out that in the Renton case it could be said that they provided 5% of their city or 520 acres, but in New Ho~e 5% is 112 acres, so the comparison is questionable. Mr. Brixius pointed out the difference in physical characteristics of a developing city like Renton with lots of open land and an established city like New Hope, stating it is a matter of considering the protection for what might come in the future as opposed to protecting what is in place. He commented that using setbacks of less than 300' would decrease the advantages desired, but keeping them at 300' would reduce the opportunity while giving the City a leverage they could stand by. Commissioner Sonsin stated he preferred the 500' limit, but is unsure if it would hold up in case of a court challenge. He emphasized that a guarantee of a market isn't required, only an opportunity to PUt an establishment in place. The Commissioner agreed they would like to see it all in one little tiny section, but admitted it would be too limiting. Commissioner Underdahl questioned if the City is small enough to justify the 500' Mr. Sondrall responded that he could not predict what would hold up in case of challenge, but a reasonable approach would be easier to defend. He commented that he could see a defense created around the fact that New Hope is geographically a very small community and it could be a question of how many of those establishments are needed to provide the opportunity. He added that some courts might think the amount of space available is important and other courts don't and it is hard to judge because it is a new and developing situation. Commissioner Watschke suggested that by documenting the fact that both setbacks have been examined and the Commission developed a consensus on something reasonable, it might be more positive. Chairman Cameron took a poll of the Commission and it was agreed that a 300' setback would be the Commission's recommendation to the City Council. Mr. Sondrall addressed the concern that if New Hope is forced to accommodate these businesses that they not be located in too close a proximity to each other, creating a sort of shopping mall for adult uses. Mr. Brixius listed some of the locations of these uses in other local communities and noted that in contacting the cities regarding this matter he asked if they had received any interest in them and New Hope Planning Commission Work Session -5- November 21, 1991 they replied they had, which prompted them to immediately consider ordinances or moratoriums. He pointed out that there has been some challenge to the restriction to solely industrial districts as being discriminating, but if a record is established as to reasonable setbacks it may offer some protection. Mr. Brixius went on to the licensing section of the ordinance, referring to the definition of adult principal and adult accessory use. He recommended licensing of accessory uses not be required as it could create an administrative enforcement nightmare, but focus should be solely on principal uses. Chairman Cameron requested an explanation of the distinction being made and questioned if it helped in controlling adult book store establishments to have inspections done by the City. Mr. Brixius replied that by identifying accessory uses it is being recognized that there are uses within the community that could be classified as adult uses if the distinction is not made, and limits can be put on their use without licensing. Mr. Sondrall explained that the attempt is being made to focus in on the sexually oriented business versus adult entertainment, such as sale of magazines, etc~ Mr. McDonald questioned the possibility of an x-rated video sales business increasing from 10% to 40%. Mr. Brixius stated that at that point it could be considered a principal adult use and would have to meet zoning requirements and licensing requirements. Mr. Sondrall added that it might become necessary to bring an injunction against them for continuing to use their property in that manner in violation of their code. Mr. Brixius noted that the zoning code allows for inspection of the premises and a fact-finding arrangement would be involved. Commissioner Watschke questioned if it was 10% of the floor area and/or 20% of gross receipts and how do you prove gross receipts. Mr. Brixius replied that if there was a complaint it would become a matter of fact-finding andMr. Sondrall added that records could be subpoenaed if a lawsuit were initiated. Commissioner Cas~en asked if there are regulations regarding x- rated movies being in limited areas or placed throughout the store and Mr. Brixius replied that the ordinance reads that they are required to be separated or visually obscured from minors. Mr. Brixius went on to explain some of the requirements of licensingwould be knowledge of ownership of stock in that type of operation up to 5%, birth date to prove adult status, violations of law on record, provisions to prevent access to minors, building plan details, etc. Mr. Sondrall indicated it would be comparable to investigation for liquor licensing. Mr. Brixius stated that his staff has been calling other communities regarding licensing fees and the standard seems to be $400 plus investigative fees. One community has a $10,000 fee. Mr. Sondrall interjected a comment that a fee for license or permit cannot be established if it is a revenue generator, only costs can be reimbursed. He referred to pawn shops that require a policing operation that take police time and stated that pawn shops are required to pay a fee that is used to pay the costs of the police surveillance. He surmised that the community charging the $10,000 fee concluded that they were going to have to dedicate a number of manhours for policing or inspecting to insure compliance with the ordinance. He added that as long as there is a good faith effort in the establishment of the fee, it could be done. Mr. Brixius outlined the criteria for evaluation whether a license is appropriate, such as complete exposure in the application, are eligibility requirements met, site and location of facility, New Hope Planning Commission Work Session -6- November 21, 1991 stating that such criteria are not as critical in approval of an application as in findingifor denial. He referred to applicant's eligibility for licensing; 21 years of age, no felony conviction or violation of state or local law related to sex offenses or adult uses, license holder to own the building or be responsible for the lease or have some financial interest. Mr. McDonald brought up the question of where this would fit in the zoning code. Mr. Brixius noted that the general provisions will fit into the general provisions of the zoning ordinance, but each affected zoning district will be modified to incorporate this as a permitted use. Mr. Brixius concluded his remarks stating that they have attempted to look at almost every possible venue that could be pursued by someone wanting to get around the ordinance and have tried to show that based on secondary impact on the community, the City has a right to control these uses. He noted that the moratorium is nearing its conclusion and if more time is needed, the option is available for further review and extension of the moratorium. Mr. Sondrall confirmed that the moratorium can be extended and additional 18 months and suggested that regardless of how fast action is taken there is no harm in extending it for 6 months through August, but upon the adoption of the ordinance sooner than that the moratorium would be repealed. The Com~ission discussed when the public hearing could be held and it was decided that the revised ordinance be reviewed by Codes & Standards and the public hearing set for February 4th, thereby making it necessary to extend the moratorium. Mr. Sondrall assured that, unless someone challenged the moratorium and wanted to get it settled, he does not see any problem with taking more time. Mr. Sondrall noted that the purpose of the documents that were put together for the Commission was to create a public record to establish that the information was available and he suggested that the Commission become thoroughly familiar with its content in case of legal action. New Hope Planning ~ission -7- N~v~er 21, 1991 DATE: TO: FROM: SUBJECT: CITY OF NEW HOPE MEMORANDUM January 30, 1992 Planning Commission Members Kirk McDonald, Management Assistant/Community Development Coordinator M~scellaneous Planning Issues Se FOURTH QUARTER PLANNING & DEVELOPMENT REPORT The Fourth Quarter Planning & Development Report for 1991 is enclosed for your information. Note that the number of planning cases considered in 1991 was 41, up slightly from 1990 (40) and up considerably from the 26 cases considered in 1989. CITY-WIDE TOPOGRAPHIC MAPS In response to a requirement from the State that all munici- palities in the seven county metro area develop a local storm- water management plan, the City has obtained new topographic maps of the entire City· The maps will be utilized to develop our stormwater management plan· We will also be using the maps for future planning case petitions (see cases 91-37 and 92-02) because they provide good detail of the surrounding neighborhood (buildings, landscaping, elevations, etc.). Just passing this on for your information. LAND USE PLANNING WORKSHOPS The Government Training Service is again offering their annual Land Use Planning Workshops for Planning Commissioners and elected officials from February through April, 1992 - see attachment. If any of you are interested in attending one of the workshops, please contact Lucille Butler @ 531-5110 to make arrangements. The planning budget does have funds available for training. I would particularly encourage new commissioners to attend the workshop entitled "The Basics", which covers basic planning tools such as variances and conditional use permits. FENCE ORDINANCE Consensus has been reached among the staff on amendments/ revisions to the fence ordinance and a final draft has been prepared by the City Attorney. This matter should be referred to Codes & Standards so that the draft can be reviewed and then presented to the full Commission. The draft ordinance is enclosed. BANK TEMPORARY SIGN Staff received a complaint from several commissioners about the length of time the temporary "Free Checking" banner was in place on the Marquette Bank building at 4301 Winnetka Avenue North. The enclosed warning was sent from the Inspections Department and the temporary banner has been removed. -2- 10. AttaChments: BLOCKBUSTER VIDEO SIGN The City is pleased to see the replacement of the deteriorated canopy and sign band at the New Hope Mall, however we are not pleased to see that the new canopy was installed on all portions of the building where the old canopy had existed except for the Blockbuster space. The Inspections Department has notified New Hope/U.S.Swim Partnership that they must take steps to replace the blighted canopy section within 30 days in compliance with the approved sign plan. Blockbuster has been considering a va=lance application for a different canopy, which would require an amendment to the approved Planned Unit Development. If that is their intent, they have been advised to file an application prior to the February 7th filing deadline. OUTDOOR DINING ORDINANCE/CONDITIONAL USE PERMIT REGULATIONS The Codes & Standards Committee has recommended approval of an ordinance that would regulate outdoor dining and a public hearing on this issue will be scheduled for the March Planning Commission meeting. Prior to the public hearing, all eating establishments that serve food outdoors will be notified and invited to the hearing for comments/input. K-MART SITE IMPROVEMENTS The manager from K-Mart recently met with staff to discuss a resolution to their outstanding planning case regarding site improvements. Staff reviewed the City's concept plan for the site with K-Mart in regards to restriping, landscaping, and correcting traffic/safety issues and K-Mart is expected to present a revised plan so that this matter can be brought back to the Commission and concluded. GRAND SLAM AND MONTESSORI SCHOOL Development Agreementshave been sent to the petitioners of the Grand Slam and Montessori School planning cases with a request that they be returned with the proper bond amount (see enclosed letters). As of this date the agreements have not been returned, nor have the bonds been received. MISC~?~uNEOUS PLANNING ISSUES As per the enclosed letter and attachments, the City has requested the Planner's input on the following miscellaneous issues: A. Multi-family housing conversion moratorium B. Apartment complex request to demolish pool c. Champion "Auto Show" D. Convenience gas hours of operation Staff will keep you updated on these issues. Fourth Quarter Report GTS Workshops Info Draft Fence Ordinance Bank Sign Blockbuster Sign Grand Slam/Montessori School 1/22 Letter to Planner Pool Demolition Auto Show Gas Hours PLANNING AND DEVELOPMENT Fourth Ocarter Report The Planning Commission reviewed the following cases during the fourth quarter: No, of Cases Notices Sent October 7* 68 November 7** 208 December 7*** 81 * 1 case carried over from September ** 2 cases carried over October ***1 case carried over from November Month October November December TOTAL CASES 1991 1990 41 40 T_ _vpe of Request Variance - Setback Amend Sign Plan Variance - Sign Site/Bldg. Plan Review Preliminary Plat Cond. Use Permit Variance - Parking Text Amendment,-R-O Variance - Setbacks Cond. Use Permit Amend CUP SitedBldg.Plan Review Amend Comp. Sign Plan Vasiance-Sign Variance-Parking Rezone Amend Sign Plan Variance - Sign Amend Zoning Code Cond. Use Permit Variance - Setback Site/Bldg. Plan Review Rezone Replace CLIP TOTAL NOTICES 1991 1990 1211 835 Number Approved Denied 1 (tabled) (tabled) 1 I 1 1 1 3 1(1 2 1(1 1 2 1 1 1 1 1 1 1 3 2 4 1 1 1(1 (tabled) (tabled) tabled) tabled) 1 ruled) 1 1 (1 tabled) (tabled) 1(2 tabled) (tabled) Withdrawn TOTALS 34 15 3 3 -2- yEAR-TO-DATE TOTALS APPROVED DENIED WITHDRAWN Cond. Use Permit 10 1 Site/Bldg. Review 7 2 Variance - Fence 3 Variance - Sign 2 2 Preliminary Plat 2 Final Plat 2 Ordinance - Floodplain 1 Ordinance - Composting 1 Replace CUP 1 Variance - Setback 4 1 Amend Comp. Sign Plan 2 1 Variance - Parking 3 Text Amendment 2 Rezone 1 1 TOTALS 41 4 4 PLANNING/DEVELOPMENT ISSUE~ 1. ~- requested approval of a temporary office building at 7709 42nd Avenue North and decided to withdraw the request, which the Planning Commission acknowledged at the October Planning Commission meeting. 2. ~i!~j?:~ii:~i~~-the Codes & Standards Committee met in September to consider several minor text amendments to the R-O Residential-Office Zoning District in regards to commercial day care centers. The City initiated the amendment because there were no permitted uses specifically identified in the district and there was no provision for the roll-back process to include conditional uses allowed in lower zoned districts in higher zoned districts. Essentially the amendment allows free-standing day care centers in the R-O District as a conditional use, similar to the R-3 District. The text amendment was approved by both the Planning Commission and City Council at their October meetings. 3. ~~i~ii~~ii~i' a request for a rear yard variance to allow the expansion of an existing garage at 7621 48th Circle North was approved by the Planning Commission and City Council in October. 4. ~ii~iii~ii-the Planning Commission and City Council approved a request by Custom Mold & Design, 5420 International Parkway, to construct a 12,000 square foot addition to expand their existing office and manufacturing facility in October. 5. ~ ~g~iii~i~i- Custom Mold acquired additional vacant property to the north to accommodate their expansion, which necessitated a replatting of the property. The Preliminary Plat was approved in October, with the City indicating an interest in acquiring the outlot adjacent to the Public Works property. e 10. Il. 12. 13. 14. 15. -3- ~ii~iii~~ii~i' The Planning Commission and City Council approved a request for conditional use permit to allow a commercial recreational use in an industrial zoning district. Grand Slam proposed to operate a sports/enter- tainment complex in a portion of the vacant Chicago Cutlery building at :5420 Highway 169 North. The CUP was approved subject to a number of site improvements. ~.!.~i.~i- the £DA met in October to discuss the possible purc.h.ase of Outlot A, Custom Mold Addition, for combination with the existing Public Works property and directed staff to negotiate on the property. ~~i.~.i.i.~i.~-in November the Planning Commission recommended approval of a conditional use permit for the operation of a Montessori Pre-School/Child Care Center at 3701 Winnetka Avenue North after the request had been tabled at several previous meetings due to changes needed on the site plan. The City Council approved the recommendation on November 12th. :" .............. ~: .~~~~-the Planning Commission and City Council approved a request for a rear yard setback variance to allow the construction of a three-season porch at 4741 Boone Avenue in November. Planning Commission recommended denial of a request for a variance to allow an existing storage building that was constructed over a drainage easement to remain in place. The matter was resolved at a later City Council meeting when the applicant agreed to withdraw the request if the shed was allowed to remain in place until spring 1992, at which time it will be moved to comply with setback requirements. ~!i~?i~i- the Commission and Council approved a request for an amend- ment to a conditional use permit to allow Taco Bell to construct a small dining room addition onto their existing facility at 7100 Bass Lake Road in November. The new management agreed to work with neighbors and the City to resolve problems at the establishment. ~~~i~~- through an earlier oversight, property that the City purchased in 1984, now known as Plufka Addition, Lots 1-21,was platted and shown on the zoning map as R-1 Single Family Residential, but the zoning classification was never officially changed from R-2 to R-1. The Commission and Council corrected the problem in November by officially rezoning the subdivision from R-2 to R-1. ..... ~' ...... .;~:? ':' ...... '~::~ti:i~i-the City approved the Final Plat of Custom Mold Addition on November 12th and agreed to purchase Outlot A after the City developed a plan for the use of the property. ~!i~!i!~i!' Valvoline Rapid Oil Change, Inc, made a presentation at the November 25th EDA meeting and indicated an interest in the City-owned property at the southwest comer of 42nd/Nevada Avenues. - the city formally served an order under the Hazardous Building Act which requires that the owner either repair or raze the building located at 7516 42nd Avenue North. The property owner contacted the City and indicated they do not desire to make extensive repairs to the building and would be willing to sell the property, therefore the EDA approved seeking an appraisal of the property at the November 25th EDA meeting. 16. 17. 18. 19. 20. 21. 22. -4- ~i~i...~~.' K-Mart requested an amendment to their comprehensive sign plan and variances to exceed the maximum wall signage requirements in an effort to upgrade the signage to conform with the nation-wide K-Man refurbishing/ remodeling program. The Planning Commission denied the request in December, after the case had been tabled for two consecutive meetings and revised plans had been presented, due to the fact that they did not feel individual services should be advertised on the front of the building and because the pending plan for site improvements had not been resolved. The Council approved the request and indicated that they felt the sign request was a separate issue from the site improvements. and staff recommended an amendment to the parking standards for day care centers because the existing ordinance grouped day care centers with nursing homes, etc. which based parking spaces on number of beds provided. There was confusion as to how this standard would be applied to contemporary day care centers which may not provide beds for the number of students enrolled. After extensive study a recommendation was made by the Planning Commission to establish an entirely separate parking standards category for day care centers based on number of employees and enrollment capacity. The City Council approved the ordinance amendment in December. ~~ii~~i~i~ii' In December, Super America, Inc. made application for site/building plan review, conditional use permits and variances to allow the construction of a new convenience store with gasoline, outdoor sales, and 24-hour operation at 6144 West Broadway. A number of residents appeared in opposition to the request. The Planning Commission tabled the request until traffic data was provided and recommended that Super America meet with neighboring residents to address their cg__ncerns. in at the November Planning Commission meeting. ~l!~ii~l~iiii~~i- Subsequent to the October approval for the Grand Slam facility in the Chicago Cutlery building the lease arrangement fell through, thus an application for a new site was submitted in December for the R.V. Johnson Warehouse at 7109 31st Avenue North. The Planning Commission and City Council again approved the request subject to the execution of a Development Agreement. ~4.!~ an application was submitted in December to rezone the former Country Club Food Store property on Bass Lake from a Community Business Zoning District to a B-3 Auto-oriented Zoning District to allow the store to be converted into a used-car sales center. Staff did not encourage the use and the petitioner was not willing to make necessary site improvements, thus the petitioner requested to withdraw the application and the Commission acknowledged the withdrawal. ~iI}~- Fina Man, which received approval earlier in the year to update their facility at 3535 Winnetka Avenue North, has now submitted an application to demolish the existing station and construct a totally new facility with a car wash. This case was tabled in December, as staff is negotiating with the petitioner on the closure of curb cuts. 23. 24. 25. 26. 27. 28. 29. 30. ~~!lii~~i-The Codes & Standards Committee and the Planning Commissxon have completed a final draft on the Adult Entertainment Ordinance and will be conducting a public hearing on this issue the first part of 1992. ....... ~iiii~.,:.:::::: .............. :::.....! Codes & Standards has completed a draft of an ordinance regulating outdoor dining and will be conducting a public heating in March on this issue. ~iiii~i ' Codes & Standards has completed review of an ordinance amendment to clarify the existing fence ordinance and will be conducting a public hearing on this matter the first quarter of 1992. ~~~::::ili~i' the Fire Department completed training at the Animal Hospital building in December so the building can now be demolished. ~i- The City Council/EDA are continuing to review a proposal to possibly acqun'e the Foremost property and staff is researching various aspects of the proposal. ~!~~~i~i~-on December 23rd the EDA approved the appraisal of the property at 7~00 42nd/Avenue North in conjunction with the 42nd/Quebec Avenue redevelopment project. ~i~!- staff has met with Northridge on several occasions during the 4th quarter in regards to the construction of a day care facility on the vacant property at 5501 Boone Avenue North. ~:.~i~- information was provided to Paddock Labs during the 4th quarter regarding financial assistance with development of a new facility through the North Metro Mayors' Association/Minneapolis Common Bond Fund Program. Kirk McDonald Management Assistant/Community Development Coordinator IAvaO.L U~J. SIO~IU 'no,~ ~ot e~ tcloq~OM e~eqJ. NF~ 'ln~d '~ .I. oLgg eto~euullN 'in~d luIeS teeJ~,~ Jepeo ~ · I. Ot, e~n$ ~pue~ 8UlUlWJ, tuewme~oo LAND USE, PLANNINGWORKSHOPS FOR PLANNING coMMISSIONERS AND ELECTED OFFICIALS 6 WORKSHOPS 4 LOCATIONS1 INCLUDES: · Annual Planning Institutes e. Beyond the Basics · The Art of the Deal · Protecting Water Resources or Plying for Itl e Environmental Issues for Cities, Towns end Counties CATALOG OF OFFERINGS February 1992 through April 1992 'GOVERNMENT TRAINING $~RVICE GENERAL INFORMATION I:)lrticil=int~ will enhance their knowledge of vldou~ afeM ce ~nnino anal ~ · rmR, ~ better equWPecl to m~ke reGommencl~tiona and deciilont iix)ut the communitiee in wnicti they live. If you would like to ~ your contribution to ~vir~g lind u~ ~ II informed ~ ~ M. IX~I~Xe... REGISTER TOOA~ THESE PRCX3RAM$ ARE FOR YOU~. , WHO ~,IOULD AT~END~ cRM& c~untlel ~ townihi~ Alio ~ rl4ev~t ~JtW ,aMI1 (el~ th(lie' wlthout degrNi m Mennlng), reel ii,ire i)~ ~ othe~l woddng in irell rMItld to II)eC~llzed REAL ESTATE AND cIE CREDII'8 "Beyond the 8Mic~ c~n Mm Continu~ Reel F.~ato Educ~tiort Gmclita. 'Environment~ le~uee for ~g ~egll Education Cmdll~ REGI81~IATION/CANCE U-ATION Reg~e~ at IMm 7 Myl MtOr to the ~ uilng the ronda i~ in ~ CltilOg, Fill out form f(x elCh worlMta(X cluMcme forml if r4edld, A ~JII refund will be ~ ~tly If ~te ~ (=mN=Mled 3 wondl~ m IN~XI me Im~mm. ~ub- ~ltutel for mgmered ixrtic~entl mey be mede it eny ttm& ShouM inctemlnt wtlthM (or Other circuml~n- cee 0eyoncl our contro0 necemi~te program cancMle- innounciment~ on WGCQ ~ Ind other FEES R/gi~tmtkm fees for ill worl~lmt~ include · meM, refrMhment bre~l ~ handout meterl~& See irmk:le r for det~ile413out group (~untB for tf'~'oe or moro psr- tlcil:~nta a~l~ "Ann~ ~ni~ In~t~ or "~t~i~ Wit~ R~u~ ~ ~ for It" - IM~RTA~: To quil~ f~ t~ g~p ~n~ , tm~ m~ ~ ~i~ in the ~e ~ ~ e~Wnt ~ ~e Job of the ~m~$1 1.~fMiff~W ~ ~ f~ CO. SFONSOFI8 · AMOCtitk3n ce Ml6'Ol~itln Municil~lltlee · Alloc~tion ce Mtnnlto~ COUnIM~ · Huml~rly Initltute ce Pubic Afflim · L~gue ce Minnelotl title4 · tvlinneeote AmOc~tion ce Towne~i~e · Minneeotl C,~er, AmedMn Plinning · Minneeotl Pllnning AMocietion · Minneeoti PIInning .FURTHER INFORMATION ~ acm Croucher (F~gi~mt~n) or ~ HL, t (Fmgrlm) at (3ovem~ Training ~ (012) 222- 740e or MinnM(X~ T~41 Free (8O0) 662-g71 g for ExcMlem~ in TreMtng Awerd fAmen~n Society for Treining Ql~ ii · I~lMic'orglnizltton whole miMion ii to meet me ming menegenem ~nd leeclM~ip neec~ ce ~)llcymm ~Mf eYt ~ointecl ceficiile ~ I~Ov~ing ~1~1~ ~r/nted on Recycled Pa~er THE ART OF THE DEAl,.' ,rhumcllff, Mirch S, 1 Se2 ' e:O0 &m. · 4:~0 p.m. those venturing into the 'brave new world' of economic development and finanoiM iMok' aging for the first or fiftieth tlrr~ ah opportunity to learn the latest information Eld teohnique~ to make your effo~ &1 ~cceMful M poMibla , IIACT~ 01' i. JI'E , (C)mk~at Ovevlew/rom e-10 a.m.) · piwGtl~ntl ~ wtlM ~ll 0een Mimed m a LOCATION W~t R~lr Pemt Center 1315 Wilt River Rold Nd~h Minnelpo#l, MN 5~411 (612) 521'-3419 PAYING FOR IT! A ~l)eolal Froeram for MetTo Aria CommuniUee Tueedly, MM'oh 10, 1902 3:00 · g:O0 p.m. 'The lake i~ green and the ducks are gone.' 'My biMment i8 tiffing with YMted' works~P i8 deggned to help you solve them and other wirer rnln~ement problem8 in your eommunity ~nd Mn for the futur~ M IT~Xl~ FI~I~NTID IY WATI.[R~HED ~ WAT/J~ MANA(~EMENT OR(~NIZATIONI · H(~ ~ly M)er~e and rMM mK~4Y · Curmm~ . · EMmMMM ~ ~~d e I~iliuee - · Flannln~ · RelMMnih~ to lirKIq,me ~ e- I~ e(~ el/o~a · CaMal in~ Pi~'ami · Mimakee made/IWalia to avoiWwo~ to me wlae WIMT IMVI WI ~ ....... -'' RI~I aT WATER MAN&GEMENT EX"IENT WRAI~.UP AND DleC:UeMON OleOUe~lON OF NEED FORA METRO.,IdlC)CIATIQN WATER MANAGEMENT ORGANIZAI'IONI (cNXk~I~ LOCATION HQ#dlY Inn ShomMew 1000 G~ Reid (I-694 it LexingKm) ~homMew, MN 56126 ANNUAl. PLANNING INSTITUTE: , THE BASICS Thuridiy, Felx~ry 13, 1992 9:00 Lm. · 4:~0 p.m. For those new to land u~e planning and zorUng or intereated in a review of fundamentals IN--ON TO PLANNING · Why plln? · Ptlyerl in the Mmnin~ ~ (IndudM vidlo) · Un~ N ~l~n. ing proc4M · ZOWN~ VAmANClI, CONIgTIONN. Ull ZONIN~ P. Ale I'ru~ll: . HYPOTHETICAL WI.EM Pirticilxnt~ Im Meted into imm gi'ouM In which they YOUR rlG~. UMnI: YOUR ~ A~ A D4CleJON MAKER HOT I~UES-- PANT Ih ANSWEI~ TO YOUR QUESTION8 (Fe~ulty ~ FACUL~ ~M q~, A~, ~ H~ ~10~! ~ C~ ~, C~ ~ ~ ~ ~ON~ ~u~y, F~ 1~ 1~' E~ ~ ~ U~M~~ 18~ B~ A~ St ~uk MN ~1~ (612) 62~3275 N~ H~ ~un~ ~ 7411 8B~ A~ N~ ~ ~ MN ~ (B 12~ 4~ FEE $75 ~n or ~ ~~ f~3 ~ ~ f~ ~me ju~ ~ ~ ~ ~ ~ f~ Learn toola to de~i with a wide variety of development probiem& plua an in. depth review of the pien. ning proce&t -- from I~Oper legal notice to ~ of sophistkmed findings of FI.ANNIN~ FOIl (MAny Illd) · · · · · A~ fl~uimmenta DUI Iq~OCES~ AND OTHER LEGAL · Ol~t Memir~ t.~w · Confll~ of Intm~( · Meidr~ flnclin~e of f~-~ t~m ,Ul~X~ your · p,,xNm~l .ew zo.mO/e~M.O mP,~e.o. (M~PlN~ WTTN THE IIIAIJT1E~ OF THE PLANNING · · Le0al gu~M~ee · QUIlTIONI AND Oll~krlllON OF ·-IrflJA11ONl (I.a~.~ BEYOND THE BASICS Thuimdly, AMII g~ 19e2 8:30 a.m. - 4:30 p.m. about pre. ring and u~ing plalming, FACULTY ~ IACHMAN, ,Mtorney, Leonard, Street JOHN IHARDLOW, ~ ~ ~hel~w ind Ubil% Inc~ Menntng conlut~nt typee M communitlee lI.ICllD OFFICIAl. from a 7441 85th Ave. Br0~ ~ MN 55448 (612) 424-0M0 FEE $85 IXr De.or,. This cour~l I'tM 13~rt a~d for 6.5 houri of continuing Real Estate EduGItion Cre<lit. ENVIRONMENTAL ISSUES FOR CITIE~S, TOWNS AND COUNTIES Thumelay, February 27~1 ~2 3:30. g:O0 ,~,~ ~r ~ A wealth of im~orfant/nformation Dac/(ed into a new convlnient format ancl time/ LUST & DII~I'Y {..&ND maior ~e of groun~at~ · C~ts to ,~ent~ an~ ~ · Prot~l~ your lun~tion ~m WATER RE~U~E ~NNINQ for J~l ~troi · H~ a wamr mana~meflt ~n c~ld aff~ ~tu~ · H~ to a~ t~e ~m~t of a land ~ Dian on y~r CON~OVE~E FACILJ~ES (FROM ~NDFI~ TO G~UP HOMES) · L~al ~um~ne$ ~at you ~/~n't · Enfo~m~t r~t~i~ an~ ENVIRONMENTAl. REVIEW · Whe~ ~ ~t a ~1 · E~,ve ~Dtic ~c~t~on THE REQUIREMENt, P~E~. · ~eTlan~ · More~ WORKE~ RIGHT-T~KNOW · ~l government · Eff~ve Minne~ta or~ms LOCATION FEE FACULTY CLIFF AICNINQER, N:ltlli~i~t~', Rlmeey-v%lanmgTon Metro Wlt~ O~ ~M 81RKHO~. ~ 0~. State ~m of Water LYNNE BLY, e~ L~ ~ & ~iz~n~ in ~nd ~ I~ en~men~l GIL GI~N~I, ~nmr ~ Ma~ and Hydr~ ~ L~e~ DICK NOWUN, ~e~ of the En~mnmental Law Oe~e~[ Do~, Rumba & Butler DENNY P~E~, ~ ~[ ~ Eng~neen~ ~US s~e~em from t~e M~ P~lut~on Control ~en~, M~nne~ O~C ~ NaOmi Minne~ta D~ ~ La~r & In~t~ ~I3~RIN~ A {~I(~%L-$ETTI NG .~;~ ~ ~II~IG B(XiY OR ' AN ADVI O -¢OMM ON? ~ can provide trained fdcilitators 'who have axtenlNI experience work- lng witll kx~ ~ like yoursl we me de- L _. aned t. au e ~:~,~ ~_~~ rHIIocate acamef~eo~ help strengthen · when y~ am ~ ~ these times of reduced reaourcee and tough decisions. R~ h~iil Inn May 2~ I~2 ~E B~: ' ~P~ ON ~NINQ ~ H~y I~ - J~ 2~ t ~2. U~NG ~UR COMPR~E~ ~E P~NNED UNIT ~O) A~~H TO G~ for dem~ ORDINANCE NO. 92-01 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY AMENDING SECTION 4.033 (3) REGULATING FENCING AND SCREENING The City Council of the City of New Hope ordains: Section 1. Sections 4.033 (3)(a)(i) "Height Maximum", (ii) "Intersection Visibility", (iii)"Short fences" and (iv)"Location" of the New Hope City Code are hereby repealed in their entirety. Sec~!9D_2. Section 4.033 (3)(b) "~guired Fencing and Screening" of the New Hope City Code is hereby renumbered §4.033 (3)(d). Section 3. Section 4.033 (3)(a) "General Provisions" of the New Hope City Code is hereby added to read as follows: (a) General Provisions. (i) On all corner lots, fences shall not be permitted within twenty (20) feet of any corner formed by the intersection of two (2) streets or the right-of-way of a railway intersecting a street. The twenty (20) feet shall be in the form of a triangle with two sides formed by the property lines and the third side formed by a straight line connecting the two twenty (20) foot points on each side of the corner. (ii) The required screening provisions as specified in subsection (d) of this section, shall supersede, where applicable, the provisions of this Subsection. (iii) All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced, unless symmetrical. (iv) No fence shall obstruct natural drainage. (v) The height of a fence, in the case of grade separation, shall be determined on the basis of measurement from the average point between the highest and lowest grade. Section 4. Section 4.033 (3)(b) "Residential Fencidg and Screening" of the New Hope City Code is hereby added to read as follows: (b) Residential Fencing and Screening. general provisions of this section: Subject to the (i) Fences shall be at least five (5) percent open for passage of air and light. Fences not meetin9 this design standard will be treated as walls and will be required to meet building setbacks. (ii) Short Fences. Fences forty-two (42) inches in height or less may be located on any part of a lot. (iii) Tall Fences. Fences up to eight (8) feet in height may be located within the required side and rear yard setbacks of a lot which is behind the required front yard building setback as defined by Section 4.034 (3). (iv) In the case of a corner lot with the building front oriented to the side yard abutting a street, fences over forty=two (42) inches may not encroach into either the required front yard setback or the required side yard setback abutting a street. Section 5. Section 4.033 (3)(c) "Commercial and Industrial District Fences" of the New Hope City Code is hereby added to read as follows: (c) Commercial and Industrial District Fences. the general provisions of this section: Subject to (i) Commercial and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight (8) feet shall require a conditional use permit. 2 (ii) (iii) Fences which are primarily erected as a security measure may have projecting arms on which barbed wire can be fastened commencing at a point at least seven (7) feet above the ground on condition that the arms and barbed wire do not encroach onto or over public right-of-way or property lines of adjacent property. Commercial and industrial fencing may be located within the required side and rear yard setback of a lot which is behind the required front yard building setback as defined by Section 4.034 (3). Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1992. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the , 1992.) day of 3 4401 Xylo~ Avenue Nortt~ New Hope, Minnes(Xa 55428 Phone: 533.1521 Dace January 16, 1992 Name Marquette Bank-New Hope Address 4301 Winnetka Ave. No. ATTN: HA/{VEY BECKER RE: WARNING OF' SIGN ORDINANCE VIOLATION Ic has come co our attention chac you have one or more signs on your property chat are in violation of city ordinance. The problem is: BANNER UP AT 4200 XYLON DRIVE-IN WITHOUT PERMIT FINAL WA~NG- Abuse of this type can result in your loss of right to future "special event"sign permi Please remove all non-approved signs wtthin X~m~~x Call 531-5122 if you have any questions. 1 day Douglas C. Smith -*- Director of Fire & Safety Sincerely, _~-* Dduglas E. Sandstad Building Official cc: file Follow-up Inspection dace 1-20-92 Famiix Styled City ~ For Family Livin~ ~.44! .441 (Code 072684) Banners, Pennants~ Streamers~ Strings of Lights, Searchlight~. Portable-signs, banners, pennants, streamers, strings of light, search lights or any other temporary sign shall be permissable only for commercial or industrial special or promotional events of a limited duration by permit acquired from the City pursuant to the following conditions: (1) Special or Promotional Events - Special or promotional events shall mean events such as grand openings, management or ownership changes, or periodic sales or similar events. (2) Permit ApRlication - Permit~ for any temporary sign pursuant to this section shall be issued only to owners or tenants of commercial or industrial property. Applications must be submitted to the City Building Official on a form approved by the City a minimum of 14 days prior to the special or promotional event when the signs will be used. (3) Permit Duration - Ail permits issued hereunder shall be for a maximum period of fourteen days and shall expire automatically after said period. Upon the permit expiration, the applicant shall cease to display any and all signs permitted by the permit unless the applicant has obtained a new permit for said signage. (4) Limitation on Permits - No more than three permits yearly shall be issued to any one property or location. If two permits are obtained in succession by any applicant per subsection 2 above, both permits shall be counted for the purpose of determining the yearly limitations of this subsection. (5) Sign Location - All special or promotional signs must be located on the premises where the event is occurring. Signage shall not exceed an amount equivalent to the permitted signage area allowed the applicant's business in the respective zoning district. (6) Grand Openings - Nothwi_thstanding the duration provisions of subsection 2 above, grand opening signage may be for a maximum period of thirty days. (7) Exception - Temporary signs permitted by section 3.463(2) of this Code shall be exempt from the requirements of this section. (8) Non Compliance - Any violation of any of the 8onditions of this section will result in a forfeiture for additional sign permits for the property under this section for a period of 12 months from the date of the violation. The permit forfeiture shall be in addition to any other penalties for code violations allowed by this Code. (Code 072684, Ord. 87-g) 3-39 072684 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 JANUARY 13, 1992 NEW HOPE/US SWIM PARTNERSHIP 20 BOULDER CRESCENT ,#C COLORADO SPRINGS, CO 80903 ATTN:PETER J. OBERNESSER Dear Mr. Obernesser, The City of New Hope has received a number of complaints about the old faded, deteriorated canopy adjacent to Blockbuster Video, in the New Hope Mall. After checking our records, it is apparent that you authorized Hoigaard's Custom Canvas Co. to install a brand new canopy, prior to our issuing building permit #2961 on 9-19-91. That was installed on all portions of the building where the old canopy had existed, except for the Blockbuster space. We now have a major eyesore with the old "blighted" canopy contrasting to the new, in violation of the Planned Unit Development agreement with this city dated 10-24-86 and city code. You may recall that blueprint "Exhibit D" clearly illustrated a one-color canopy over a white sign band, as attached. Neither you or your tenant may opt to "not maintain" a portion of the building that is substandard; the entire mall mast be maintained, as stipulated in the PUD agreement. I am aware that this tenant was rumored to be considering a Variance' application for a different canopy, but the property owner is the only authorized requestor of a Variance, and no filing has been submitted. Please take the necessary steps to replace the "blighted" canopy section within 30 days to comply with our PUD ordinance and your agreement, or submit plans, fees and an application for a variance to change the front elevation of the New Hope Mall ("Exhibit D") before February 7, 199Z Thanks, in advance, for your cooperatior~ Sincerely, Douglas Sandstad Building OfficiM /Zoning Administrator cc' Smith Family Styled City ~ For Family Living 4401 Xylon Avenue North New Ho~e. M~nnesota 55428 Phone.'531-5100 January 13, 1992 Rohan and Helen DeAlwis Bassett Creek Montessori School 4735 Bassett Creek Drive Golden Valley, MN 55432 SUBJECT: Development Agreement and Bond for Winnetka Avenue Montessori Pre-School/Child Care Center Dear Mr. and Mrs. DeAlwis: On November 12, 1991, the New Hope City Council approved your request for a conditional use permit to allow the establishment of a Pre-School/Child Care Center at 3701 Winnetka Avenue North, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I informed you that the City would draft the Development Agreements and notify you regarding the appropriate security to be posted. Enclosed please find three' copies of the Conditional Use Permit Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the retaining wall, landscaping, driveway turnaround, and sodding at $6,800 and the total bond to be posted is 150% of the cost of the work, or $10,200. On page 4 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #9, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 5 and have your signatures notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Family Styled City ~~, For Family Living Mr. and Mr. DeAlwiss Page 2 January 13, 1992 Please contact myself or Doug Sandstad, Building official, if you have any questions or comments. Sincere ly, Kirk McDonald Management Assistant/ Community Development Coordinator KM/jf Enclosure: Engineer's Letter Re: Bond Amount Three copies CUP Site Improvement Agreement cc~ Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk Planning Case File 91-22 440 ! Xyton Avenue North New HoDe. Minnesota 55428 Phone 53~-$~00 January 13, 1992 Mr. Bob Rabe Grand Slam USA 2011 Crosby Road Wayzata, MN 55391 SUBJECT: Development Agreement and Bond for Grand Slam Facility at 7109 31st Avenue North in New Hope Dear Mr. Rabe: On December 9, 1991, the New Hope City Council approved your reqUest for a conditional use permit to allow a sports entertainment complex in an I-1 Limited Industrial Zoning District at 7109 31st Avenue North, subject to specific conditions. One of the conditions was that a Development Agreement and suitable bond concerning site improvements be executed with the City. I informed yoU that the City would draft the Development Agreement and notify you regarding the appropriate security to be posted. Enclosed please find three copies of the Conditional Use Permit Site Improvement Agreement. The City Engineer and Building Official have estimated the cost to install the sidewalk, trees and shrubbery and to conduct a future traffic analysis (if required) at $17,000. The total bond to be posted is 150% of the cost of the work, or $25,500. On page 4 of the agreement the various types of financial guarantees that are acceptable to the City are outlined under #9, "Financial Guarantee". The performance bond or other type of guarantee is released upon completion and acceptance of all the site improvement work by the City. Please review the enclosed agreements, and sign all three copies in the appropriate place on page 5 and have your signature notarized. Please return the three executed copies of the agreement to the City with the appropriate type of financial guarantee. I will have the appropriate City officials sign the agreements and will return one fully executed copy to you for your files. Family Styled City ~ For Family Living Mr. Bob Rabe Page 2 January 13, 1992 Please contact myself or Doug Sandstad, Building official, if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator Eno losures .' Engineer's Letter Re: Three copies CUP Site Bond Amount Improvement Agreement cc: Dan Donahue, City Manager SteVe Sondra11, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building official Valerie Leone, City Clerk Planning Case File 91-22 January 22, 1992 Mr. Alan Brixius Northwest Associated Consultants 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 Subject: MISCELLANEOUS PLANNING/ZONING ISSUES Dear Al: When you have time, would you please briefly respond to the following miscellaneous planning/zoning issues: 1. Multi-Family Housing Conversion Moratorium New Hope has received several requests from owners of large apartment complexes to convert one and two bedroom units into three and four bedroom units in response to the demand for larger units to accommodate larger families. While New Hope does not object to these conversions, it is Dan's opinion that specific standards should be developed to address these conversions and to resolve some existing site problems. Perhaps more amenities, green space, etc. should be required as a part of the approval process. Dan feels that the City should strongly consider a moratorium on these conversions until the City can figure out exactlY how to allow for these changes. I would appreciate your input on a moratorium and specific standards that could be implemented. 2. Apartment Complex Request to Demolish Pool One example of the above problem is a request that the City has received from an apartment building owner to demolish an amenity (swimming pool) on the site. Doug Sandstad has outlined the specifics in the attached memo. How do you feel this request should be addressed? 3. Champion Auto "Auto Show" The City has also received a request from Champion Auto to allow a car club show later this summer - details outlined in Doug Sandstad's memo. We are currently recommending that the request be processed as a conditional use permit application. Please review and let me know if you agree with this approach. 4. Convenience Gas Hours of Operation Fina Mart on 36th and Winnetka will be requesting 24-hour operation with the redevelopment of their site. Doug has completed a survey of convenience gas operations in the City. The 6:00 a.m. - 12:00 p.m. restriction applies only to those operations located in the B-3 Zoning District and is one of the conditions to be met for CUP approval (unless extended by the Council). Why is it that operations --2-- such as this in other zoning districts are not restricted as to their hours of operation, but those located in the B-3 zone are limited as to their hours of operation? Is this something Codes & Standards should look at or is the Code intended to restrict the hours of operation in specific zoning districts? Why? 5. ~ence Ordinance Please let me know if you are in agreement with Steve Sondrall's most recent version of the amendment to the Fence Ordinance (does it include/exclude everything we discussed at our last meeting?) If no additional changes are necessary, I will coordinate a Codes & Standards meeting on this issue for February. 6. Adult Entertainment Ordinance Please mail me a complete copy of the most recent revision of the Adult Entertainment Ordinance and the Licensing Ordinance. We should discuss the application/renewal fees prior to the February 4th hearing. I am enclosing a recent article about the Ramsey bookstore - does our ordinance address any of these health issues? Please review the enclosed materials on the miscellaneous issues listed and give me a call at your convenience. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator Enclosures: Memo re: Pool Demolition Memo re: Champion Auto Survey re: Convenience Gas Article re: Ramsey Book Store CC: Dan Donahue, City Manager Doug Sandstad, Building official Shari French, Director of Parks & rec. Steve Sondrall, City Attorney Mark Hanson, City Engineer TO: KTRK Nc_DONALD DAN DOIqAHUE FROM: DOUG SABDSTAD DATE: JANUARY 17, 1992 SUBJECT: PROPERTY Ob'NKR*S ILE~UEST TO DKN0 POOL 5600 Xylon & 8317 Bass Lake Rd. complex This is not the first time I have had this request, but it requires some cobb, on approach. Briefly, the o~ner (see attached letter) wants to remove the only amenity on this site-the pool. His complex, two apt. buildinss on one loc,is Non- Conforming for several reasons. ~he presence of an outdoor pool qualifies for a density increase under our current code.of 20 sq. ft./unit. The only other applicable credit for this complex is 50 sq. ft., because of the bus line.access within 300 feet. Total lot area requirement, today, is 40 units x 2,930 sq. ft.- 117,200 sq. ft. of lot. DILEI~A: lC appears clmC I ehmLLd hOC a~lova-- cheese vhichv~l~ result inn ~ncreaa~u8 desree of Noa-~ouformiCy per 4.031. This loc is only 106,119 sq. ft., allovin$ 35 units or 36 units, if density bonuses are factored in. Forty (40) units exist. In one sense, remov~u8 the pool is equivalent to add/n~ one apt. un/C w~chout adequate lot size. We could refer these to Plan~in~ Commission & Council for "Site & Building Plan Review" with Variance, perhaps. Let's discuss other options. SI1~ DAXA.- 106,119 sq. ft. (&.23 acres) 40 un, cs A~l~wed ~~.-1~,1~9 / 3,~ 35.37 ~~ ~es~: P~I -20 Bu -50 Z~,119 / 2,930 -36.21 56th Ave. No. 1992 Hr. Doug 8andstad Building Znspector City of .New Hope 44el Xylon Avenue Horth Hew Hope, HII SS428 Dear In response to our phone conversation on ~anuary 13, 1992 regarding the dauaged outdoor swiRLing pool at Hillside Apartaents located as S6OO Zylon Avenue Jorth and 8317 Bass Lake Road. The owner of the property would like to peruanently close she pool this year. We hope to do the closing in the uost cost ef£ective way. Please advise Re as to proper procedure for the pool closing, in order ~o naintain city code guidelines. Thank you for your tiaa and 'consideration .in ~his Batter. ~Redltn ~AR/gh Mills Read . .",Iinnetonka. Minnes,.~ta ........ '"- TO: Kirk McDonald Dan Donahue FROM: Does Sandscad DATE: Januar~ ~7, 1992 SUBJECT: Champion Auto One-Day "Auto Show" 5520 Highway ~69 I received the ac=ached request from Dune Billbe, ac Champion AuCo SCores, yesterday. As you ~ay recall, we have siren administrative- level approval once or twice in the paso Co a ~uch smaller-scale one day event chart chac which is now planned. The outlined "GTO Car Club Show" requires a~ore careful review, lC appears co me chac chis event does hoc qualify as a "Temporary Use Subject co Licensing" described in &.039(3), buC thac a Conditional Use Permit (CUP) is the likely option accordin$ Co 4,039(1), (2) and (6). I have spoken with them about the $450 lilies fees and CUP process, susgescin$ chac they may wane to request one or two such events per year. If approved, the "red Cape" CUP would be reasonable. Can you chink of any ocher way co handle chis big an eveaC~ Please advise. CHAMPION AUTO STORES, INC. Central Organization Sanuar7 [~, t992 JMI6 5520 Nortrt Higt~way 169 New Hooe, MN 55428-3698 (612) 535-59~4 Hr. Dou8 Ssndstad C£cy of New Hope aa0[ Xylon Avenue North New Hope, HN 55&28 Dear Hr. Sandscad: ~e are in the process of [ryin$ to host an outdoor car show with the Land-O-Lakes GTe Car Club. We would like to use our facility as the site and are &skin~ for your &ssisCance in ~uidin~ us throueh the approval process with tho City of New Hope. Here are the basic details of the event: Date: Sunday, Auiust 2, [992 Time: 7:00 a.m. - 6:00 p.m. (includes se~-up and tsar-down) Number o~ Cars: 225 Spectators: Approximately 3,000 throuehou~ the day Spectator Parking: We have been in contac[ with LD[ Diversified which £s the ~roperty just to our north and bays receiV*d pemiss£on from Hr. Tom Combe, the£r Hans8er of Corpora=s Administration, to uss the£r parkin~ lot duties this time period. [ would appreciate your assistance in this matter. If you would, please direct any questions you ~ay have of thin even[ to Chuck HcKaise, our General Hana~er o£ Adver[iein[. Thank you £n advance ~or your assistance. ~_J,_ncsrely, / ~ene B"[llbe Executive Vice President DB:ca~ cc: Chuck NcKaiee a.038 ~ ,039 ].) 2 (3 oas~s. Th~s may ~e due =o =~e la¢~ of deveiopme~ on land use. Accordingly, ~= is =he iff=eft=son of =nas p¢=en:~ally allowa~le and provide regula=~ons ~or =hs~r con=tel, parm~:~ed. A~i~:a=aoa. where no= spe¢~fically l~s=ed, all =empcrary uses shall be 9~:m~==ed ~n any zoning d~s=rlc= provided =~ey apply for an: r~:e~=e approval o~ a cond~=~onal use 9ermi: or appropr~a=e C~:y i~cefl~e (as may be required ~y ~ne fissure of ~ne use). (a) Car:s:mas Trees. C~rxs~mas =res sales fo= a period no: =o excee2 n;ne~¥ days. $ai~$ Promo=ions. Carnivals and circuses ~eld as prom¢=~onal ac=~v~=~es ~n con]unc=~on w~=~ developed commer:~al uses ~n "B-2", "B-3", and "B-4" D~s=r~c=s only. (4 C;v;: A:=~va:£es. Cc~r~un~=y a¢=~v~=ies ~y non-profi= gr:a~, ':pon approval ~y =ne Ci=y Council of =ne propose~ pr:~rar as oe~ng..~n ~armony wL:~ aria uses, and upon ~s~ance o~ a~o'pria~e perm~zs and licenses. Tem~orar2' ~ses ~equ~rx~ a Condi=~onal Use PI=mi=. Road Ma:erials. Black-%bp or crus2ing plan= for h~gnway ma=steals. (b) Excavac~n~ For Sale. F. xcava~ing businesses - sand, gravel, or blac~ dAr~. (c) Stockpiling. S~ockp~l£ng of ma=erial fo= use in h~gnway cofls:ruc:~on. (d) Religious. Religious meeting in a =emporary s=ruc=ure for a per~od no~ ~o exceed ~efl days. (e) Carnival. Carnivals or c~rcueel when opera=ed as a sepera=e commerc~a~ Oul~ness for a pe=~od no: ~o exceed fir=sen days. 07268a 4.039 (5), 4.039A (!.) Ca) - :mposed for all conditional 'use permits es provided for 4.201 delelo~men: pressures or w~li not ~e affected by the use. o) No,se and Ku~sance. ~djacent developed land will ncr 0e adversel~ affected by the proposed use ~cause of ~raff~c, no~se, dust, smoAe, ~fls~g~tl~ess, Or other nuisance oefore any adverse effects are felt upon adjacent property. left ~n su:t&~le condition after t~e temporary use is terminated. S4.0~gA $~:e and Build£n] Plan Review. To £nsure that the purposes of Code are adhered to, ~t ~s hereO7 decerm£ned that a comprehensive review s~te, =u~!~:ng and development plans shall ~e made ~y the ~ev Hope Planning Commission aha approved ~¥ the May Hope C~c7 Council prior co the issuance o~ any ~u~l~n~ ~rmics ~y t~e Buil~ng Official pt:stint to t~e pcoced~e estaol~sned ~y tn~s section. (1~ Approval ~equ~red~ None of the followin~ actions snell occur and no ~u~l~£ng permit or certificate of occupanc~ s~all ce ~seued unless such action s~all oe ~ complete accord with S£te and plans =ns: have ~een approved as provided ~n th~s sec:~on. Ac~£ons wn~c~ shall require approval of Oucl~:ng and s~te pleas shell i~: (a) Erection of a ~u~ld~ng or Moving of a Ou£1ding or ~uild~ngs to a location o~ locacAofls within the C~ty of Hope. Cc) Chang£ng the u~e o~ a OuLlding or parcel one type of lend use co another. Changes occupancy env~sLoned ~y thLs sec:~on shill ~flcl~e office Co ricing, viFe~o~se Co aloofly, rec/~l to restaurant and stm~la~ actions cnac ~eeulc ~n a d~fferenc ~ncena~ty of ~l. ~mp=ov~encs, and/o= l~d ~ilc~ll of I additional ~r~ng. 4-44 0725U4 4~07 X¥1on Avenue Norff~ New Hope, Minnesota 55428 Phone:~E~t~EIX 53[-5[22 January 21, 1992 Dene Billbe, Exec. Vice President Champion Auto Stores, Inc. 5520 North Highway 9169 Dear Sir, We have considered your request, concerning an August 2nd "GTO Car Show" at the New Hope warehouse, and found no simple, cost-free process to allow it. My recommendation is to consider filing an application for a Conditional Use Permit (CUP) on the a=tached form, along with plans fees and a short narrative description. If a CUP were approved, it would be permanent, and you may wan= to consider one annual similar event in your request. The filing fee is $4§0.00. Such a process takes between 30 and 60 days. Our next filing deadline is February 7, 1992. After staff review, the Planning Commission would discuss it in a Public Hearing on March 3rd, with a City Council decision on March 9th, unless the matter was tabled. Primary concerns involve, traffic, parking etc. You may want to schedule a meettn$ with your people, our Community Development Coordinator-Kirk McDonald and myself to explore the issue further, at your convenience. Just call 53[-5122 to schedule it. ~'~a~San~stad ~ -. Butldin$ Offtctal/Zonin$ Administrator cc:McDonald Donahue file Family Styled City ~ For Family Livin~ TO: KIRK McDONALD ~ FROM: DOUG SANDSTAD DATE: DECEMBER 19, 1991 P' SUBJECT: SUPERAMERICA; PLAN CASE 91-37, 6144 West Broadway CONVENIENCE STORE/GAS SURVEY I have completed a local "Convenience store/gas" survey at your request. The purpose was to evaluate how they differed in days, hours and variety of services offered. I have attached two exhibits, "A" and "B", to illustrate the situation. Please note that there are ten active convenience store/gas operations (some without gas) open for business, today. Two are open for business for 24 hours and three others are allowed to be open for 24 hours, since they are a Permitted Use in the B-1 or B-2 Zone. In one sense, then, 50% of our businesses are 24 Hour operations. It is clear that some owners choose not to have three work shifts and a 24 hour business for various reasons. It is not clear if any of the present owners of the 17 hour stores would like to be open 24 hours. City code does allow them to request Council approval of that specific extended hour detail. My re- reading of Plan Case 83-11,(6113 West Broadway CUP) shows n__o comment in the minutes of hours of operation. The ordinance was changed during this plan case process and the owner agreed to the new code at the time. The current owner of this store has the right to ask for extended hours. There are two inactive sites, 6026 West Broadway (Tom Thumb closed this recently after some major :heft problems) and 6144 West Broadway, former gas station proposed to be the new Superamerica. The latter did not seek a CUP for convenience sales until SA entered the picture.with a purchase offer. Exhibit "B" is interesting because of the curious location of ADJA6~ ClT~ 24 HO~H ~ON~C~ STO~ES, indicated by a circle. Golden Valley, Plymouth, Crystal and Brooklyn Park each are siphoning our New Hope dollars between midnight and 6:00 AM from five stores within 200 feet of our city.limits. A CONVENIENCE CITW Of BKM ROPE DKC~BKI SURVEY ADDRESS: MAi~: GAS AVAIIABLK ! OPKMDAYS: OP]~ 7300 Bass Lake Road CUP SPOR Yea 6:00-11:00 PM (17) 7117 Bass Lake Road COP TOTAL YES 24 bourn 6026 Meat Broadway P TOrt THUMB (Vacant) * 80 6113 #est Broadway CUP #OODY*S 365 YES 6:00-11:00 PM 6144 West Broadway CUP 4900 Highway 1169 CUP 9400 36th Ave, No. CUP 2720 Winnetka P SDPERAIqERICA PROPOSED * YES a 7 * TEXACO YES 7 HOLIDAY YES 7 TOHTHUNB NO 7 24 bourn · 2~hours 6~00-11:00 PN actua 6:00-11:00 PN (Did not want 24 hr~ 6:00-11:00 PM 3535 Winnetka CUP FINA YES 6:00-11:00 PM 7980 36th Ave. No. P TOH THUMB NO 6:O0-11:OO PM 7231 42nd Ave. #o. COP TOTAL YES 24 hours 7141 42nd Ave. No. 9416 36th Ave. No. CUP TOll THUMB 80 P PDQ NO 4 Permitted Uses (No hours restriction) 9 Conditional Uses (midnight to 6:00 A~ restriction) 13 TOTAL 6:00-12:00 Midnight 6:00-11:00 PM 24 liours allowed MOTE: Three of our existing Convenience Food CUP's are approved for 24 hour business, as is the request of Superamerica in Plan Case 91-37. A fourth, Holiday, had tried it in another city and did not want 24 hour opening in their new building at 9400 36th Ave. No. 12-27-91 GAS I~OSI~KSSES l~Ol~l~) COh'V~CE / C~S S~)RES B =lk"fl :