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030392 Planning2. 3. 3.1 3.2 3.3 3.4 3.5 4.1 4.2 5. 5.1 6. 6.1 6.2 6.3 7. 8. AGENDA PLANNING COMMISSION MEETING OF MARCH 4, 1992 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. CALL TO ORDER ROLL CALL PUBLIC HEARINGS Case 91-42 Case 92-04 Case 92-05 Case 91-15 Case 91-33 Request for Site/Building Plan Review Approval, Conditional Use Permits, and Variances from Side Yard and Curb Cut Setback Requirements, and Request for 24-hour Operation to Allow Redevelopment of a Convenience Store with Gas Station and a Carwash, 3535 Winnetka Avenue North, Finn Daniels Broussard/Fina Serve, Inc.,Petitioner Request for Variance to Allow Expansion of B-2 (Commmunity Business) Garden Novelty Store in Excess of 3,500 Square Feet of Floor Area/Expansion of a Non-Conforming Building, a Variance from the Accessory Building Design Criteria to Allow Construction of an Accessory Garden Novelty Store, and Site/Building Plan Review/Approval at 5620 Winnetka Avenue North, Frank's Nursery & Crafts, Petitioner Request for Conditional Use Permit to Allow a Temporary Use/Outdoor Auto Show at 5520 North Highway 169, Champion Auto Stores, Petitioner Adult Entertainment Ordinances Pertaining to Adult Use Zoning and Adult Use Licensing in New Hope Proposed Ordinance Amending New Hope Zoning Code by Establishing Regulations for Outdoor Dining Facilities at Restaurants and Fast Food Establishments, City of New Hope, Petitioner COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Approval of Planning Commission Minutes of February 4, 1992 Review of City Council Minutes of January 27, and February 10, 1992, City Council Executive Session of January 27, 1992, and City Council Work Session Minutes of February 6, 1992, Review of EDA Minutes of January 13, 1992 ANNOUNCEMENTS ADJOURNMENT PC 9205 55zo ~.~. PLANNING C&SES .~P,C~-t 1992 , PC 92-04 ;620 Winnetka ZONING DISTRICT MAP CITY of NEW HOPE __.PC 91-42 Winnetka Planning Case: Request: Location: PlY) No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 91-42 Request for Site/Building Plan Review Approval, Conditional Use Permits, and Variances from Side Yard and Curb Cut Setback Requirements, and Request for 24-hour Operation to Allow Redevelopment of a Convenience Store with Gas Station and a Carwash 3535 Winnetlm Avenue North 19-118-21-11-0001 B-3 (Auto-oriented Business) Finn Daniels Broussard/Fina Serve February 28, 1992 March 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, variances from the side yard and curb cut setback requirements to allow redevelopment of the convenience store and gas station (Sections 4.124(2), 4.124(4), 4.034(3), 4.039A, and 4.036(4hiv) - 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. The project involved complete renovation of the building interior, the installation of new panel brick and aluminum facia on the exterior elevations, new pump islands, parldng lot restriping, and new concrete sidewalk. Fina Serve, owner of the Fina Mart, is now proposing to completely redevelop the site, raze the existing structure and construct a new building. The existing building, canopies, pumps, pump islands and trash enclosure would be removed from the site. The new building would have an attached automatic carwash and pneumatic door coordination so that when a car is being washed/dried, both doors would be closed and would not open up until the cycle has been completed to control noise. One existing curb cut on 36th Avenue would be eliminated and additional landscaping would be added to the site. The petitioner has met with staff and the Design & Review Committee on several occasions over the past four months, as outlined below: -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 case for one month to allow them to obtain a traffic analysis - case tabled at December Planning Commission meeting. Planning Case Report 91-42 March 4, 1992 Page -2- o -Petitioner met with Design & Review again on December 17th with revised plans and traffic analysis -discussion focused on the number of curb cuts from the property to Winnetka and 36th Avenues. There are presently 4 curb cuts and staff, Design &. Review the City Engineer, and Hennepin County wanted to see the number of curb cuts reduced. Staff presented petitioner with a revised concept plan for their consideration and petitioner requested that case be tabled at January Planning Commission meeting. -Staff, City Engineer, and Attorney met in January to review curb cut issue. -Petitioner requests tabling of case at February meeting as revised plans and supple- mental traffic data being prepared. -Petitioner meets with Design & Review in February with revised plans showing elimina- tion of one curb cut. Subsequent to that meeting, plans were again revised to address Design & Review concerns. The six specific requests of the petitioner include the following: A. Site and building plan review/approval is required for all new construction. B. Convenience stores with gasoline are permitted as a conditional use in the B-3 Zoning District. C. Car washes are permitted as a conditional use in the B-3 Zoning District. D. Fina is requesting 24-hour operation; City Code limits hours to 6:00a. m.-12:00p, m. unless extended by the City Council. E. The existing building is located 28 feet from the rear yard property line and Fina desires to construct the new building the same distance from the rear property line. The rear yard setback requirement is 35 feet, thus a 7-foot variance to the rear yard setback requirement is needed. F. Fina desires to retain the existing curb cuts on Winnetka Avenue, one of which is located 30 feet from the intersection with 36th Avenue after right-of-way dedication, and the Code setback for curb cuts from intersections is 40 feet; thus a 10-foot intersection/curb cut variance is needed to retain the existing cut due to the total redevelopment of the site. The original conditional use permit to allow accessory food sales was granted in 1985 and the existing use of the site is gas station (self-serve) with limited retail food sales. The parcel is 20,000 square feet in size (.45 acres) and the proposed building would contain 2,224 square feet with the canopy containing 3,500 square feet. Adjacent land uses and zoning include Winnetka Commons Shopping Center across Winnetka Avenue to the east (B-4), Royal Oaks Apartments to the south and west (R-4), and the Unocal Gas Station across 36th Avenue to the north (B-3). The topography of the site has a uniform grade slope towards the north; adjacent lot to south is about 5 feet higher above retaining wall. Drainage "sheets" onto public streets. Planning Case Report March 4, 1992 Page -3- 91-42 Property owners within 350' of the request that were initially notified notified regarding the continuation of the case and staff has received regards to the request. ANALYSIS have been re- no inquiries in The conditions that are listed in the City Code for convenience stores with gasoline that are applicable to the case include: A. Permitted Use,. The retail sales must involve uses allowed in a B-I, B-2, or B-3 District. Take-out Food. Convenience/deli food is of the take-out type only and no provision for seating or consumption on the premises is provided. Sanitation. That any sale of food items is subject to the approval of the City Sanitarian. Area. That the approximate area and location devoted to non-automobile merchandise sales shall be specified in general terms in the application and in the conditional use permit. Exterior sales shall be subject to a separate conditional use permit. Hours of _Operation. The hours of operation shall be limited to six o'clock a.m. to twelve o'clock p.m.,unless extended by the City Council. Canopy. A protective .canopy located 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. Compatibility_. 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. Area. A minimum lot area of twenty-twothousand five hundred square feet and minimum lot dimensions of one hundred fifty feet by one hundred thirty feet. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of adequately and safely handling all activities and required facilities. Curb Separation. A continuous and permanent concrete curb not less than six inches above grade shall separate the public sidewalk from motor vehicle areas. Planning Case Report 91-42 March 4, 1992 Page -4- o K. Landscaping. At the boundaries of the l°t, a strip of not less than five feet shall be landscaped and screened. L. Light Standards Landsca_t~d. Each light standard shall be landscaped. M. Access. Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City. N. Noise. Noise control shall be as required in the Noise Control Section of the Code. O. Outside Storage. No outside storage. An enclosed screened area is to be provided for rubbish and dumpsters. In response to the above conditions: -No exterior sales are being requested, except for the existing ice machine, which was previously approved by the City Council. -Fina is requesting 24-hour operation, per the attached letter, for economic and competitive reasons. They have cited the Super America across the intersection as being open 24 hours and improved security as other arguments. The Comminaion will want to make a recommendation on this request to the Council. -The proposed new canopy meets the 20-foot front yard setback. -The property contains 20,000 square feet and does not meet the minimum lot area of 22,500 square feet, however, the Council may exempt the property if it was previous developed and the site is capable of safely handling aH activities. -In regards to noise, the site plan states that the car wash is to have on board dryer linked to door operation such that dryer and wash cycle will only occur when overhead doors are in the closed position year-round. -An enclosed, screened area for dumpster is provided. The conditions listed in the City Code for car washes, applicable to this request, include: A. Compatibility. 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. B. ~g.. Magazining or stacking space is constructed, with screening, to accommodate that number of vehicles which can be washed during a maximum thirty minute period and shall be subject to the approval of the City. C. Drainage. The entire area shall have a drainage system which is subject to the approval of the City. D. Access. Vehicular access points shall be limited and create a minimum of conflict with through traffic movement. Planning Case Report 91-42 March 4, 1992 Page -5- o ge E. Noise. Provisions are made to control and reduce noise in accordance with the Noise Control provisions of the City Code. Petitioner met with Design & Review in February and the following issues were discussed: elimination of curb cut on 36th Avenue, right--of-way easement dedications, car wash noise, increased landscaping, building aesthetics, fuel truck delivery path, 24-hour operation, parking signage, and concrete curbing, with new revised plans being submitted as a result of the meeting. Details of the revised plans include: -Building with painted rock face decorated block with a red brick soldier course band -Glazed windows -Illuminated soffit -Trash enclosure to match building materials -Rooftop equipment to be screened to match soffit -Loading zone on south side of building -Handicapped sidewalk ramp -Fuel truck path provided -One existing curb cut on 36th Avenue to be removed -One existing curb cut (closest to intersection) to be shifted west -Existing curb cuts on Winnetlm to remain -Total parking = 16 stalls (4 adjacent to building/12 at pumps) -Sales floor area = 810 square feet -New pavement throughout -Snow to be trucked off site -1,089 additional square feet of landscaping area added over what is existing -Intercoms at pump islands are for communication only, no music The redevelopment plan was submitted to the County for review and they commented as follows: A. Request for additional 6 feet of right-of-way on Winnetka Avenue B. Request closure of the two existing curb cuts nearest the intersection on Winnetka and 36th Avenues The redevelopment plan was submitted to the City Engineer and he commented as follows: A. Originally recommended removal of northerly curb cut on Winnetka B. Originally recommended shifting building in a northwest/southeast directions to better accommodate driveways C. Request that Fina provide additional 8 feet of right-of-way on 36th Avenue Fina submitted a detailed traffic analysis indicating that the curb cuts on Winnetka should not be removed. Fina agreed to three of the four requests by the County and Engineer: they are providing additional right-of-way on both Winnetka and 36th Avenues and have agreed to close one curb cub on 36th Avenue. Planning Case Report 92-42 March 4, 1992 Page -6- 10. 11. The City Engineer recommends approval of the revised plan. The Building Official recommends three minor changes to the lighting plan: A. Eliminate the 'wall pack* light in the car wash entry area that will be lighted by a "shoebox-style* on pole. B. Relocate the southeast pole light (at driveway) to the south side of the same drive. C. Relocate the northwest pole-mounted shoe, box light 6 feet south and mm the f'Lxture 45 degrees from the north lot line to reduce excess spillage on the public street. (Exhibit 'A" illustrates these lighting recommendations.) 12. Staff considers the revised plan a good quality private redevelopment of commercial property and the petitioner has been cooperative in agreeing to plan changes. RECOMM~NDATION Staff recommends approval of the site/building plan review, variances, and conditional use pemit requests subject m the following conditions: 1. Annual CUP inspection 2. Development contract and bond m be provided m cover public improvements (amounts m be determined by City Engineer. Attachments: Zoning/Section Map Certified Survey Landscape Plan Site Plan Track Radius Plan Floor Plan Elevations Petitioner Letter-Redevelopment Petitioner Letter-24-hour Request County Correspondence City Engineer Correspondence Attorney Correspondence Notice to Residents Traffic Analysis Planner's Report -24-hour Operation Staff Lighting Recommendations 1.4 [!.4 -R-O CEM[TER~ SCHOOL ~$ BETHEL. CEIIIETERY NORTHWOOD PARK 'IVITY 906.9 x 932.9 × x 930.2 AVENUE X 931.8 935.4 ° I .'.\ :..6'. . ...,, ....... 4,. I''"'f' '4 .... '..,"..''~.: . · '. ,'.' .w,~.'.' .,.. "-,. x, . ~.~'~,,,~-¥,e,~ L~ .----.---,~,.~ ':- .: ~'*~ ~.-Te~ '-~ , . ~. ~,, .'"~.' . · :~. -. · . 'C 77:'.:'~/. · ' ;ecl .~m'd~N' ~ '.o~~ %L',...TM', "~ r :.f:. '..'~../a ,.' .-~ ..°j% _ ' ~..: ~...' f'~,~ '~ - I. 7: ..-' '.N:z.. ,'"',~' .'."~'~-.:.-~..~:"'.' ' "#~"'~',"~,- ~ L. !' -! '~:--'.~',t o '. ~t/&' ":.~.:-,~' ' ,' '.~'. ~' ' .- .-/.,". ~ .~._~,,_,""" ~ .,, l/~t ~'.... · ~ :.'~... ! '&' ~.,TL'~i~,,~k~,~.D ', . -' .'/:".'~..'.. "~"~"~ I ~ ' I.' , ' ' ' ~1~111~~.i ' . , ' ' ~0~.. · ; ~' ~' a~/Q ...... L ....... , .1. .~J ~.~.-~-----,--~,u~--- ~ I., ".' · J,' I[ '.,~-F,9'l' '' ~,,"1.~,, ,,'1/ .A~,.]-.,~'.,,.'-~,,· · · . . . . .,~. ,,,,/ ~ ' . . ... , : , ..... I .,- I,,' ~'i, · '" ' ' I~..' ./ ... "~ ,--, ., I~' · -..--'1 o'"- , '1', . , .- ~s c.~. ~ ..... ~,.o , ~ ..___~ ~ ~ , _~ "~,. ' ' ~ ' " ~' t~-,. ,,I,- '" ,' '..' ~ "T,,;,~i--' "<¥~ ~ · '.. I~. '~'~--'" · ~"'""~ ~' ---- ~ ' , .~, · ,. ., . .. , .. ,~, T:~,~',,' ~.,.~..-,~,~ · ,. .... ~~,~ ': 1:~ F,m~. 175 f~.~ of ~ ~ 175 ~ N:mer.~ (xg), Tomd-,xp XXS, I~ 21, al/ ~ ~ of rJ-e fGLln~.~ ~ tram:: ~ Ems[ 175 f~t; of ~ Nm't:h 175 f~ of fl-e [%r~as[ 1/~, 114 ~ 5~..t~ 19. Tow~'~ 118, ~ 21, ~ r~ts. t,hir, h ~-- F. as~ of a ~ gr~m i:ar~-~ w,.,:h ~:[ cb. 36TH AVEF,IIJE NORTH i~-AI o o O 2-L-I 2'-&-I Z FEB 2 0 1992 L-1 36TH AVEtqLII~ NORTH GENEFIAL NOTES &-I ~ V,r - r-.o' A2 EAST ELEVATIOH ~ --'= ..... If 11/~','~'/~" A ~_J,H/ll//' .-;7-- ..... ~. II ~ I ' : J ~,¢ ........ ~~flt,,,..,~,, =,,,=,,~,,,~,~,,,, ../ ~ '~ .... S~TH ELEVAT~ WEST ELEVATIC)H NORTH ELEVATION q FEB 2 0 I. 9,, A3 November 8, 1991 To: City of New Hope Planning Staff and Planning Commission Members City Council Members Finaserve, owner of the Finamart is proposing to redevelop its C-store on Winnetka and 36th Ave. We're before you to assess our site and building plans for the proposed raze and rebuild of our existing facility. The existing building; canopies, pumps, pump islands and trash enclosure would be removed from site. All existing landscape would remain and any damaged materials or dead plantings, (based on the city's last approved landscape plan), would be replaced. The new build- ing would have an attached automatic carwash. This type of car- wash is a roll-over type with pneumatic door coordination, such that when a car is being washed and dried both doors would be closed and they would not open up until the cycle has been com- pleted, thus controlling the noise that I know you're concerned about. The last time I was on site, I measured the distances from our proposed building to the adjacent apartment buildings. For your information, to the west the apartment buildings are 150' away, across their parking lot surface. To the south, the apartment buildings are 220' away with garages and driveway surface be- tween. Across Winnetka is commercial property. Across 36th Ave. is, starting from Winnetka, a gas station, Tom Thumb, and then apartment building garages. The reason for the variance request from a 35' side yard setback 'to a 28' side yard setback is due to the tight confines of the site. We're basically asking for a 7' variance since the exist- ing building is currently 28' from the property line. Thus, we're not moving any closer than where the existing building al- ready sits. I trust that my information is presented with sufficient detail and clear enough~to make your judgments. Please call with any questions. Sincerely, Daniel M. Dege / / cc: Sam McGee, Fina Oil Don Marrow, Fina Oil 2324 UNIVERSITY AVENUE , SUITE 109 , ST. PAUL MINNESOTA 55114 , 612-641-1339 ~in~ 011 lind Chemlc,,I Com~n~ 20;=0 ~l¥~r ~,11 ~(~ ~ Eagan. Minnesom 55~2:~ (612) 452-916~ ~AX (8~) 45~-9233 December 26, 3.991 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr McDonald, new store 24 hours per day. We feel that it would be in our best interest to have the autonomy to operate the location 24 hours per day should consumer demand justify it. We always look primarily at the economic Justification of the e~tended hours to see that the revenues from 11:00 PM to 6:00 AM can cover the added expenses. We also reGognlze that with such a sizeable investment ~ha~ ~he more revenue we can generate on a daily basis, the more prudent our decision becomes. we feel tAat by being open 24 hours per day we offer the kind of service that our very competitive minded customers want. We have to keep in mind that our competition is working hard to capture these same cus=omer~ an~ in this ca~e, our primary competitor is t~e Super America across the street, which is open 24 hours. We also have experienued fmv~£~ble response from the community around some of our stores that are open 24 hours because the activity around t~e store tends to result in better security of not only our property, but those around us. We also have been known to serve as a place of safety should someone in the neighborhood need assistance of some kind. Kirk McDonald December 26, 1991 Page Two we also try to e~er¢ise a Good Neighbor Policy in aXl of our re=ail score iota=ions through communi=y involvement, wo=king with neighbors on any problems tha~ are perceived to result from our ~us~ness and fair business prac=ices. We £ns~all about $10,000 of security equipment in each new location and try to be the corners=one in Neighborhood Watch Programs and the overall · ecuriC¥ of c~e area. We always work hard at ma~ing sure ~hat our presence is an asset to the ¢ommuniUy and no~ a liabili~y by monitoring ~rash, noise levels and =~e ac=ivities o~ anyone that comes onto our property at all times. w~=~ ~his, I would re~peut£ully ask that you supp=L~c our for ~he ability to operate ~hle new £acility 24 hours per December 11, 1991 DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: [612] 930-2500 FAX [612] 930-25~ 3 TDD: [642] 930-2696 Kirk McDonald Co~mmity Develo?~nt Coordinator City of New Hope 4401 Xylon Avenue North New Hope, ~l 55428 Dear Mr. McDonald: Proposed Site Plan - Finamart CSAH 156, Southwest quadrant of 36th Ave. No. Section 19, Township 118, ~ange 21 Hennepin County No. 1967 Review and Rec~fmMndations Minnesota Statutes 505.02 and 505.03, propoeedplats abutting County roads. following c~nts: Plats and Surveys, require County review of We reviewed the above plat and make the For future improvements to CSAH 156 the developer should dedicate an additional 6 feet of right of way along this se?.~nt of CSAH 156 making the right of way 40 feet from the center of CSAH 156. To help reduce traffic movement conflicts at the CSAH 156/36thAve. No. intersection, Hennepin County ~ec~nds the closure of the two existing driveways nearest the intersection, one on CSAH 156 and one on 36thAve. No. Ail proposed constructionwithin County right of way requires an approved utility or entrance permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail develo~nt, and landscaping. Contact our Permits Section at 930-2548 for permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, Dennis L. Hansen, P.E. Transportation Planning Engineer HENNEPIN COUNTY an equal opportunity ~nployer 4401 Xylon A venue North New Hof~e. Minnesota 55428 Phone: 531.5 December 3, 1991 Mr. Dennis Hanson Transportation Planning Engineer Hennepin County Department of Public Works 320 Washington Avenue South Hopkins, MN 55343 Subject: REVIEW OF FINA SITE PLAN/36TH & WINNETKA AVENUES, N~W~PE Dear Mr. Hanson: Fina Mart, located at the corner of 36th & Winnetka Avenues, in New Hope had previously received approval from the New Hope Planning Commission and City Council to remodel their existing site. They have now decided to proceed with complete demolition of the existing structure and will be building a new facility on the site. I am enclosing the site plan for your review and comments. You may want to pay particular attention to traffic impact relative to the existing curb cuts on to the county road and future improvements the County may have planned for Winnetka Avenue that may effect this site. The plan is also being submitted to Mark Hanson, New Hope City Engineer, for his input. The City of New Hope is requiring Fina Mart to conduct a traffic analysis on this new plan and that information should be available some-time near the end of this month. This planning case has been tabled until the January 7th Planning Commission meeting. I would appreciate it if you would review the plan and submit any comments you have to the City by the end of December. Please contact me if you have any questions or comments, and thank you in advance for your cooperation. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb Enclosure: Site Plan CC = Dan Donahue, City Manager Mark Hanson, City Engineer Doug Sandstad, Building Official Family Styled City ~ For Family Living Bonestroo Rosene Anderlik & Associates Engineers & Architects Dlv~ ~ ~ 9,1. December City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attention: Mr. Kirk McDonald Re: FLna Mart (S.W. Quad. 36th/Winnetka Ave.) File No. $4-gen Dear Kirk: We have reviewed the above development and recommend the following: The right-of-way dedication along 36th shall include an additional 8' (existing 33'.~ which is consistent with the fight-of-way dedication for Winnetka Commons (New Hope Mall). This right-of-way dedication will allow for 4 tra~¢ lanes, 1 left turn lane, and a center median in 36th Avenue when it's upgraded ia the ~ture. Thc existing right-of-way dedication for the property north of 36th Avenue a.nd immediately we:st of the proposed site is 40'. Therefore, only an additional 1' of right-of-way dedication will be required in the future from these properties. The existing survey indicates the existing sidewalk is outside thc present right-of-way which implies some additional casement may already exist. - Thc driveway ac~ss closest to Winnetka Avenue on 36th Avenue shall be closed to reduce traffic moving conflicts near the intersection. - The right-of-way dedication a, nd driveway access on Winnetka Avenue shall be reviewed and approved by Hennepia County. . Site improvements will require s bond in the amounts of the improvements plus If you have any qucstiot~ please feel free to contact me at this office. Yours very truly, BO~fSTR~O, ~_SENE, ANDERLIK & ASSOCIATe, INC. Mar~qanson' ~ MH:Ik ~33s west Highway 36 · St. Paul, Minnesota $S1~3 · &~;~-6364600 · 3$th Anniversary JAN-- 2--92 THU 9 : 5~ ~ONESTRO0 ~ ASSOC I ATES P . 0~ Bonestroo Rosene Anclerlik & Associates Engineers & Architects December 31, ]991 Susaiq M. ~ ~ Mamnez, ~l City of New Hope 4401 Xylon Avenue N. New Hope, MN $$428 Attention: Mr. Kirk McDonald Re: Fina Man (S.W. Quad 36th/Winnetka Ave.) Our File No. 34-gert Dear Kirk: Wc have reviewed the revLsed grain& plaz~ dated De~ember 26, 199] for the above referenced project and recommend the followLng: N~w Hope's City ordJaan~ allow~ 1 driveway access per 125' of street frontage. The street G'ontage on W~et~ Avenue a~ 36~ Avenue ~ 271,98'. ~erefore, only 2 d~veway a~ses should be allowed bmod on the QW's ~te~retation of th~ ordinan~, H~ever, the ~t ~ve from the ~ w~h w~ allow minimal tra~c onto 36th A~nue and wi~ not ~pact the ~ow of ~affic on 36th Avenue. It is recommended ~e propomd southerly ~ve onto Winnet~ Avenue be allowed ~d th~ propos~ no~erly ~veway be removed, A pe~it will ~ requirod ~om Hennep~ Coun~ for ~e work on W~etka Avenue. Thc prop~ed d~eway acc~e~ o~to 36~ Avenue ~e accep~ble prided ~e exit drive from ~e ~t ~h h proper~ si~ed. Based on ~e acceptable driveway accesses, it Ls recommended the buildL~g and gas pumps be tepositioned in a noz~wea~-southea~t c~ection to better accommodate t~e proposed driveways. This will also a~low the noLse fi.om the car wash to be rectJteeted towazds WLane~ka Avenue and not the apartments. The adriitional right-of, way dedication on 36th Avenue shah be 8' providing a total half right-of, way of 41' which is eomistent w~th the right.of-way dedica~on for the Winnetka Shopping Center. geeause t~e propert7 is not beLng platted, a street easement must be prepared and executed between the property owner and the City. The ex~stLqg right-of-way dedication on Winnetka Avenue is 34'. Henneptn County is recommending an additional 6' of right-of-way be provided along 233S West Highway 36 * St. Paul, Minnesota 5Sl13 · 612-636-4600 ,, Ism Anniversary SAN-- 2--~2 THU ~ = 54 ~ONEgTRO0 & ASSOC I ATES Mr. Kirk McDonald Ci~ of New Hope Page 2 December 3 i, 1991 Winner3ca Avenue prov/~ng 40' of half right-of, way. This ~ht-of-way dedication is consi~,ent w/~h other property along Winnetka Avenue. Presen~y, Winnetka Avenue at this location includes :2 traffic lanes a each d/reef/on, a lef~ turn lane, center reed/an, and sidewalk along each side. To be consistent with past right-of- way ded/catto~ &long W/nne~a Avenue, 6' of addit~or~l street es~ement shouZd be dc~cau~d. However, no plans are being considered to w/den Winnetka Avenue providing w/der ~r~c lane~ or a free right turn lane. Therefore, the ad~gonal right-of, way ~dicadon on W/nncflm Avenue does not appear to be an /mmediate concern. It would be desirable if the building and pump layout assumed ~e 6' of s~dit/onal right-of, way dec, ca,on on Winnetka Avenue based on the required setl~cks dimensions. If you have any questions please feel free to contact me at this office. Yours very truly, BONESTROO, I~O$.EN~. ANDE~ & ASSOCIATNS, INC. Mark Hanson -' MH:Ik Bonestroo Rosene Ander!ik & Assocmates Engineers & Architects February 21, 1992 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Attn: Kirk McDonald Re: Fina Mart - 36th Avenue/Winnetka Avenue Our File No. 34-Gen. Dear Kirk: Fina Mart has submitted a revised site plan based on our meeting of February 3, 1992. The site plan provides for the fight-of-way dedication along 36th Avenue and Winnetka Avenue in accordance with the City and Hennepin County. In addition one driveway access is provided on 36th Avenue while two are provided on Winnetka Avenue. The three driveway accesses do comply with the City ordinance (1 driveway access per 125' of street frontage, total street frontage = 271.98') if its interpreted that the ordinance states one access per 125' of street frontage not one access for a full 125' of street frontage. Hennepin County has recommended closure of the most 'northerly drive on Winnetka Avenue regardless of the City's ordinance. Although closure of the driveway access is preferred, the fact that the access in most cases will be used as a one-way to enter the site and not leave the site, provides a better situation than a more heavily used two-way drive. In addition the two driveway accesses on Winnetka Avenue presently exist and it does not appear that the most northerly drive has contributed to any traffic problem to the area in the past. In summary it's recommended the site plan as presented be approved in conjunction with providing the appropriate street easement documents. If you have any questions please contact me at this office. Yours very truly, BOb~ESTR~O.,/ROSENE, ANDERLIK & ASSOCIATES, INC. //~/(C.~/~66 7,1/~_~'IIII Mark A. Hanson MAH:dh 233S ~fest Highway 36 · St. Paul, Minnesota 55113 * 612-636-4600 COI~IaGK LAW O~fqC~. P.A. WILLIAM J. ¢OFalJCK S~TLm~N A. SOW)PALL. PA STL~N A.~ONORALL MICI~EL R. L~FLEUR MAFffIN P. MaLEGHA W~.L~M ¢. S'TRA~T CORRICK & SONDRALL A ~A~'NEI~HIP ~ ~l~qo~&~J- ~:)NIC~TION~ Edinburgh Executive Off, ce Plaza 8525 Edlnbrook Cro.~sing Suite #203 Brooklyn Park. MLnnesota 55443 TELEI~ONE (612) 43~M'/I FAX (612) 42~7 LAVONNE E. ~ · '(A,qON O. DEF~Y January 7, 1992 Mr. Kirk McDonald Management Assistant City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Fina Mart Planning Case Our File No. 99.10000 Dear Kirk: In follow up to our recent telephone conversation, please find enclosed a portion of the plat map from the North One-Half of Section 19 showing the Fina Mart property located at the southwest intersection of 36th Avenue North and Winnetka Avenue North. As you can see from the half section map, a 7 foot wide easement does exist along 36th Avenue on the property immediately west of the Fina Mart property. However, there appears to be no easement for street or sidewalk recorded against the Fina Mart property. Enclosed please find the easement document establishing the easement. As a result, it would be my recommendation that we negotiate with Fina Mart as discussed in our December 30th meeting. Please contact me if you have any further questions. Very truly yours, Steven A. Sondrall slt Enclosure cc: Mark Hanson February 19, 1992 NOTICE REGARDING PLANNING CASE 91-42 PROPOSED FINA SERVE STORE LOCATION AT 36TH AVENUE NORTH/WINNETKA AVENUE CITY OF NEW HOPE TO WHOM IT MAY CONCERN: Planning Case 91-42, proposed construction of a Fina Serve Store at 36th Avenue North and Winnetka Avenue in New Hope, which was originally introduced at the December 4, 1991, New Hope Planning Commission meeting and tabled at the January 7 and February 4, 1992, Planning Commission meetings, will be presented at the Wednesday, March 4, 1992, 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. The March meeting is being held on the 4th instead of the 3rd due to Precinct Caucuses. Please contact Kirk McDonald (531-5119) if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator KM/lb BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7901 FLYING CLOUD DRIVE, SUITE 1191 EDEN PRAIRIE, MINNESOTA 553441 (612) 944-75g0 / FAX (612) 944-9322 December 12, 1991 REFER TO FILE: 91-57 MEMORANDUM TO: FROM: RE: Sam McGee, Fina Oil and Chemical Co. Traffic Analysis for Proposed Improvements to Fina Station/Store at 36th Avenue N. and Winnetka Avenue PURPOSE AND BACKGROUND This report is to document the traffic analysis we performed for the proposed improvements to the Fina Station/Store in the City of New Hope. The site is located in the southwest comer of the intersection of 36th Avenue North and Winnetka Avenue. As we understand, the proposed improvements would involve expanding the building by 400 to 500 sq. ft. and would involve adding a car wash to the facility. The future number of gas pumps would be the same as at present. The proposal would involve locating all pumps on the east side of the building, which is different from the present situation in which 1/2 the pumps are on the north side of the building and the other 1/2 are on the east side. -. The traffic study has addressed all important traffic implications, including concerns raised by City. The following specific items have been addressed: · Traffic operations at site driveways . Implications to traffic on 36th Avenue North and Winnetka Avenue · Traffic circulation and parking within the site The memorandum next documents existing traffic conditions, followed by traffic forecasts and analyses, and conclusions. EXISTING TRAFFIC CONDITIONS In order to effectively understand existing traffic conditions, the following work was accomplished: · Obtained roadway as-builts from the County and City and also obtained current traffic volume data for the intersection of 36th Avenue North and Winnetka Avenue from Hennepin County Mr. Sam McGee -2- December 12, 1991 Counted all vehicles entering and exiting the site during the a.m. peak period (6:45-8:45 a.m.) on Friday, December 6, 1991, and during the p.m. peak period (4-6 p.m.) on Monday, December 9, 1991 Observed the characteristics and quality of traffic operations during the above referenced peak periods The observed indicated that traffic functioned effectively on 36th Avenue North and Winnetka Avenue during both the a.m. and p.m. peak periods. No significant conflicts were observed at the existing Fins driveways. Traffic operated through the intersection of 36th Avenue North and Winnetka Avenue without incurring any significant delays. The a.m. and p.m. peak hour counts at the four Fina driveways are as follows: Number of Vehicles A.M. Peak Hour P.M. Peak Hour (7-8 a.m,) ~5-6 p.m.) West driveway on 36th Ave. N. left tums in 2 9 right tums in 4 7 left tums out 0 7 fight tums out 3 1 East driveway on 36th Ave. N. left tums in 0 6 right tums in 2 I left tums out 0 0 fight tums out 2 5 North driveway on Winnetka Ave':' right tums in right tums out 6 6 5 1 South driveway on Winnetka Ave. right tums in right tums out 3 0 11 11 For the entire four hour traffic survey (6:45-8:45 a.m. and 4-6 p.m.), 74 percent of the incoming traffic entered from the 36th Avenue driveways, with 26 percent using the Winnetka Avenue driveways. The exiting traffic is more balanced, with 46 percent using the 36th Avenue driveways and 54 percent using the Winnetka Avenue driveways. The peak period observations indicated adequate on-site traffic and parking operations. No significant difficulties were noted. Mr. Sam McGee -3- December 12, 1991 TRAFFIC FORECASTS AND ANALYSES An important question to address is whether the proposed site improvements would increase the traffic volumes in and out of the site. The trip generation rates for the existing Fina facility were determined by dividing the peak hour volumes previously presented by the number of pumps. 1 On this basis the existing trip generation is 9.4 trip ends per pump during the a.m. peak hour and 13.4 trip ends per pump during the p.m. peak hour. One source of comparative information involves recent counts conducted by Benshoof & Associates at two other gas station/stores in the metropolitan area--an Amoco facility and a Holiday facility. The average trip generation rates for these facilities were 16.5 trip ends per pump during the a.m. peak hour and 17.1 trip ends during the p.m. peak hour. Another source of trip generation information involves a study of 18 gas station/stores in the southeastern United States, which was presented in the January 1991 issue of ITE Iournal. This study indicated an average p.m. peak hour trip generation rate of 14.56 trip ends per pump. Based on the preceding trip generation information, it is expected that the subject Fina site will generate more traffic upon completion of the proposed improvements. To be conservative, the subsequent analysis is premised on the expectation that the trip generation rates for the Fina facility upon completion of the proposed improvements will be the same as the average of the two comparable facilities surveyed by Benshoof & Associates. The resultant expected future trip generation for the site, as compared to the existing trip generation, is as follows: Entering Trips Exiting Trips Total A.M. Peak Hour existing conditions after proposed improvements P.M. Peak Hour existing conditions after proposed improvements 17 21 38 31 31 62 29 25 54 35 34 69 As indicated in the preceding table, the Fina site with the proposed improvements is expected to generate 24 additional trip ends (just under one every two minutes) during the a.m. peak hour and 15 additional trip ends (one every four minutes) during the p.m. peak hour. A large portion of these trips would be drawn from existing traffic on 36th Avenue North or Winnetka Avenue and thus would not be new trips added to the 36th Avenue North/Winnetka Avenue intersection. As a result, it is expected that the proposed Fina improvements would not have any perceptible effects on traffic operations through the 36th Avenue North/Winnetka Avenue intersection. ! For the purpose of this calculation, a dual hose pump is assumed. The total eight existing single hose pumps would equate to four dual hose pumps. Mr. Sam McGee -4- December 12, 1991 A careful review of the proposed site plan was performed in order to determine whether adequate traffic operations would be provided at the site driveways and within the site. As a result of this review, the following refinements were suggested to the site plan: Four foot shift of the pump islands towards the building in order to create adequate space for vehicular circulation on the east side of the site Relocating western driveway on 36th Avenue North about 15 feet to the west reducing the width to 12 feet and designating this driveway to serve only exiting traffic from the car wash Relocating eastern driveway on 36th Avenue about 15 feet to the west and widening this driveway to 30 feet so that it can effectively serve entering and exiting traffic Reorienting the parking spaces so that vehicles are aligned in an east-west direction. This configuration results in one additional parking space. With these refinements, which we understand have been included in the plan presented to the City, we are confident that adequate traffic operations will be provided at the site driveways and within the site. Several of the parking spaces north of the building are located over filler receptacles for the underground fuel tanks. Provided that fuel deliveries are scheduled during low traffic hours, we are confident that no significant conflicts would occur between parking and fuel deliveries. CONCLUSIONS Based on the traffic analysis presented in this memorandum, the following conclusions have been established: ' Existing traffic conditions are adequate at the Fina driveways, within the Fina site, and adjacent to the Fins site on 36th Avenue North and Winnetka Avenue. Following completion of the proposed improvements, the Fina facility would be expected to generate about 24 additional trip ends during the a.m. peak hour and about 15 additional trip ends during the p.m. peak hour. Most of these trips would be drawn from existing traffic using 36th Avenue North or Winnetka Avenue. The site plan, including several refinements previously mentioned, is expected to effectively accommodate the projected traffic volumes. In summary, no adverse traffic effects are expected due to the proposed Fina improvements. Rather, it is expected that adequate traffic operations will be provided on 36th Avenue North and Winnetka Avenue, at the site driveways, and within the site. CONSTR. BENSHOOF & ASSOCIATES, INC. TRANSF~RTATION ENGINEERS AND PLANNERS 7901 FLYING CLOUD DRIVE, SUITE 1 lg I EDEN PRAIRIE, MINNESOTA ~ I (612) 944.75901 FAX (612~ 944-9322 ~Ianuary 31, t992 REFER TO FILE: 91-57 S~AL INFORMATION REGARDING TRAFFIC ANALYSIS FOR FINA STAT[ON AT WINI~TJCA AVE.136TH AVE. N. Updated existing and projected a.m. and p.m. peak hour volumes using Fina Station Review of Accident History at Winnetlm Ave./36th Ave. N. from January 1985 through lune 1991 Comparison between Proposed Site Plan for Fina Station at Winnetka Ave./36th Ave. N. and Existing Union 76 Station at Winnetka Ave./42nd Ave. N. Supplementary rest~ts of traffic analysis A.M. PEAK HOUR VOLUMES EXISTING I r" POST-DEVELOPMENT XX/XX P.M. PEAK HOUR VOLUMES NOTE: POST-DEVELOPMENT FORECASTS BASED ON "FINA'S EXPERIENCES AND EXPECTATIONS ~C--0/3 30TH AVENUE NORTH 3OTH AVENUE NORTH 111 NOT TO SCALE FINA OIL COMPANY' I I I 9ENSHOOF & ASSOCIATES, INC. TRAFFIC ANALYSIS FOR RENOVATION OF FINA STATION AT WINNETKA AVE. AND 36TH AVE, UPDATED EXISTING AND PROJECTED A.M. AND P.M. PEAK HOUR USING FINA STATION ~ ~1/31/92 ~2~ ~ 6~2 942 0988 COHSTR. $O~UT~OH 1~,04 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7~01 FLYING CLOUD DRIVE, SUITE 1 lg I EDEN PRAIRIE, M IN NESOTA ~m3441 (~12) {44.75{{01 FAX (1{12) 944-93~ January 31, 1992 REFER TO FI/E: 91-57 REVIEW OF ACCIDENT ~r[~TORY AT WINNETKA AVE./36TH AVE. N. FROM JANUARY 1985 THROUGH JUNE 1991 Source: Hennepin County 1991 January. throu_eh June · Four reported accidents, of which none was associated with Firm driveways Five reported accident, of which none was associated with Firm ddvcweys 1985 - 1989 · 62 total accidents reported within 150 feet on intersection of all legs Accident on 6/22/88 involved a Fina driveway on 361h Ave. N. Rear end collision involving two westbound, vehicles, one of which wa.q turning into Fina driveway ' · Accident on 3/26/85 may have involved a Firm driveway on 361h Ave. N. Rear end collision involving two eastbound vehicles, on~ of which slowed down to enter a driveway on either north or south, side.of 361h Ave. bf. BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7901 FLYING CLOUD DRIVE, SUITE 1191 EDEN PRAIRIE, MINNESOTA 553441 (012) 944-?§901 FAX (012) 94~9322 hnuary 31, 1992 REFER TO FILE: 91.57 COMPARISON BETWEEN PROPOSED SITE PLAN FOR FINA STATION AT WINNETKA AVE.136TH AVE. N. AND EXISTING UNION 76 STATION AT WINNETKA AVE./42ND AVE. N. Item Number and type of acce,~ drives Stacking space between pump island and Winnetka Ave. Distance between croas-sU'eet and first driveway on W'trmetka Ave. Spacinl~ between two driveways on Winne~tm Ave. Distance between Winnetka Ave. and full access on 36th Ave. N. or 42 Ave. N. Daily volumes on adjacent streets W~netlm Ave./36th Ave. N. - one full in and out on 36th Ave. - one full. out (mi]/on 36th Ave. two right turns m and out o~y on Winnetka 33 feet 40 feet 50 feet 65 feet Winnetka Ave. - 14,000 36th Ave. N. - 11,900 Existing Union 76 Winnetka Ave./42nd Ave. N. - one full in and out on Winnetka Ave. - one full in and out on 42nd Ave. - one right mm in and out only on Winnetka Ave. 23 feet 45 feet 42 feet 123 feet Winnet~ Ave. - 13,400 42nd Ave. N. - 27,100 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7cj01 FLYING CLOUD DRIVE, SUITE 1191 EDEN PRAIRIE, MINNESOTA 5EG441 (612~ 944.7580 t FAX (612) 944-9322 January 31, 1992 REFER TO FILE: 91-57 SUPPLEME~A]/Y ~TS OF TRAFFIC ANALYSES Review of accidents reported at Winnetka Ave. N,/36th Ave. N. intersection from Ianuary 1985 through lune 1991 indicated that only one or two reported accidents involved Fina driveways (less then three percent of total 71 accidents reported during this period) Access arrangements under proposed Fina site plen compare favorably with inplace access arrengements for Union 76 station at Winnetka Ave. N./42nd Ave. N. intersection. If north driveway on Winnetka Ave. were eliminated, Fins station would have distinctly less access than Union 76 station. A key feature of site plan for Union 76 station and another "diagonal" station visited by Ben.~hoof staff is full access on both adjacent streets. Fina site has full access only on $6th Ave. N. Concept suggested by City staff, which would involve closure of north driveway on Winnetka Ave. and reotientation of development in a northwest/southeast alignment, would cause several adverse effects for traffic flow on 36th Ave. and Winnetka Ave., including: Customers who presently enter at north driveway on Winnetka Ave. and exit at south driveway on Winnetka Ave. would have two altmative choices, both involving more conflicts on streets: a) right turn into site at south drive on Winnetka, right turn onto 36th Ave. N., then right turn Onto Winnetka Ave. (results in driving through intersection twice) b) left turn into site on 36th Ave. driveway, then right turn to south on Winnetka (results in more conflicts on 36th Ave.) Right tums into site from Winnetka Ave. would require turn of about 140 to 160 de,tm, a enn~ared to g0 degree mm at existin~ north driveway on Winnetka Ave. Greater turn would requite slower speeds, which in tam would cause increased conflict with southbound traffm on Winnetka Stacking space for cm' wash would be reduced, increasing potential for queuing that would intm'fere with Izaffic on Winnetka Ave. Stacking of vehicles at pumps likely would be increased due to availability of only three pump islands, instead of four proposed Concept suggested by City staff would Involve on-site maneuvering difficulties for customers who enter from 36th Ave. N. and desire to exit onto 36th Ave. N. On an overall basis, the supplemental analyses have confirmed the previous findings that the proposed Flna site plen will not cause adverse traffic impacts. Fuxthenuore, the enalyses have indicated that a dia~onal site plan concept would not provide adequate operations for the Fina site. URBA PLAN NG · DES N · MARKET RESE A RC H TO: FROM: DATE: RE: FILE~NO: Kirk McDonald Kyle Brown/Alan Brixius 31 January 1992 New Hope - Convenience Gas Hours 131.00 92.04 Concerns have recently been raised regarding the reasons for operating hours of convenience stores within the City of New Hope. The concerns stem from an anticipation that Fina Mart, located on 36th and Winnetka Avenue, will be requesting 24 hour operation with the redevelopment of their site. The property is zoned B-3, Auto Oriented Business. Under the current Ordinance, convenience gas operations within the B-3 and B-4 Zoning District must limit the hours of operation from 6:00 AM to 12:00 PM, unless extended by the City Council The primary reason for limiting such operations is that gas sales function in an outdoor setting. The lighted pump islands, speaker system, automobile traffic, and people dispensing gas, may adversely impact adjacent properties, particularly residential areas. As such, prohibiting the operation during night time hours in some situations may be appropriate. However, the effects of these outdoor activities can be mitigated due to location, screening, landscaping, site design, etc. Therefore, allowing the Council to extend the hours of operation within these districts may also be acceptable if appropriate mitigation features are implemented on the site. "?5 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 The operational hours of convenience establishments within the B- ~'~ I and B-2 Zoning Districts are not restricted within the Zoning Ordinance. The primary, reason for not regulating the hours in these zoning districts is that gas sales are not allowed within the B-1 and B-2 Districts. Due to the lack of significant outdoor activity and the accompanying amenities, such as lighted pump islands, speaker system, etc., limiting the hours in these districts is not warranted. The City Zoning Ordinance differentiates between convenience retail establishments and convenience retail establishments with gas sales. The latter is only permitted within the B-3 and B-4 Zoning Districts. If the City finds that 24 hour operation is a necessary standard for convenience gas establishments, the Ordinance could be revised to allow these operating hours without special Council approval. However, due to the significant outdoor activity related to gas sales, we believe the current regulations are appropriate in limiting hours unless receiving special approval from the City Council. 2 A SIlll~f LIGHT TO THIS POSITION & OILIENTATION m m ~ ~ ~LI~ ~AI'.T. PACK LIGHT IN THIS ARF. A. 3 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: o 92-04 Request for Variance to Allow Expansion orB-2 (Community Business) Garden Novelty Store in Excess of 3,500 square feet of floor area/Expansion of Non- Conforming Building, a Variance from the Accessory Building Design Criteria to Allow Construction of an Accessory Garden Novelty Store, and Site/Building Plan Review/Approval 5620 Winnetka Avenue North 05-18-21-32-0007 B-4 (Community Business) Frank's Nursery and Crafts, Inc. February 28, 1992 March 4, 1992 BACKGROUND The petitioner is requesting a variance to allow expansion of a garden novelty store in excess of 3,500 square feet of floor area/expansion of non-conforming building, a variance from the accessory building design criteria and site/building plan review/approval, to construct a "poly' greenhouse in the rear yard, pursuant to Sections 4.031,4.032.2(F),4.032(3), 4.034(3), 4.112(4), and 4.039(A) of the New Hope Code. Frank's Nursery & Crafts, Inc. is requesting to construct a 'poly'greenhouse to protect plant deliveries from frost, rain, wind, and excessive heat/cold damage. A previously constructed poly house was destroyed by a storm last November. The specific zoning requests include the following: A. Garden Novelty Stores are allowed as a permitted use in the B-2 Zoning District if they do not exceed 3,500 square feet of floor area. The existing building contains 16,580 square feet, thus a variance is needed to expand the garden store (previous planning cases approved the existing building size). B. Site/Building Plan Review/Approval is required. C. City Code states that the same or similar quality building material shall be used in the accessory building as in the principal building. Additionally, the exterior appearance and architectural design of the accessory building is to be similar to that of the principal building. The "poly" green house is not similar to the principal building, thus a variance is needed. The applicant had originally proposed to locate the accessory building within the rear yard setback, however, the building has been shifted in the revised plans and a setback variance is no longer needed. Surrounding zoning/land uses include single family residential to the east (Crystal), B-2 Retail Business (muffler shop and funeral home) to the south, B-3 and B-2 (gas station and nursing home) to the west, and R-4 (apartments) to the north. Planning Case Report 92-04 March 4, 1992 Page -2- 10. The site is several feet lower than the property to the south and it slopes northwesterly towards a catch basin in the parking lot. The site contains approximately 40 small trees on the east and west boulevards. The facility was approved in Planning Case 72-3 in 1972, and Planning Case 84-17 was approved in 1984 for the outdoor storage CUP (after the fact). The "poly"house that collapsed in the rear yard last fall did not receive any approval and the petitioner was advised to receive the proper approvals prior to replacing the building. Existing site details include the following: Setback Requirement4 Front Yard (Winnetka) Front Yard (Sumter) Side Yard (Principal Building) Side Yard (Accessory Building) Lot Area Building Area Green Space Building Coverage Asphalt/Gravel Parking Indoor Sales Outdoor Sales Area 90 feet 35 feet 10 feet 5 feet 137,974 square feet 16,580 square feet 10,800 sq. ft. (8%) (12%) 110,594 sq. ft.(80%) (per Building Official) 12,000-10%/150 = 72 spaces 21,000-10%/500 -- 31~ spaces Required 110 spaces Provided 119 spaces Petitioner is proposing to construct a "poly"house with dimensions of 63' x 54' (3,402 square feet). The building would consist of three 18' x 63' quonset hut type steel supported structures covered with white plastic. The building would not contain a foundation - it would have a ground stake system. The structure will be 11-1/2 feet in height and a rigid board 16 inches high would surround the bottom. Property owners within 350' of the request have been notified and staff has received no comments on the proposal. ANALYSIS Design & Review met with the applicant in February and major issues discussed include: lack of building detail, architectural appearance of building, setbacks, lack of landscaping on site (front and rear), screening from residential to east, lighting, trash enclosure, semi deliveries, drainage, and parking. Staff met with an architect several days after Design & Review to review the issues. As a result of the Design & Review meeting, revised plans were submitted that address some, but not a/l, of the issues raised: Planning Case Report 92-04 March 4, 1992 Page -3- o ho Issues Addressed on Site Plan -the proposed structure has been relocated to meet the 35-foot rear (front) yard setback requirement on the east - a setback variance is no longer needed. -all parking to be restriped.-trash enclosure to be enlarged, but no detail.-snow storage area shown on plan (northeast comer).-new proposed fence to be installed in front of building (south side), but no detail.-both curb cuts on Winnetka to be reconstructed/widened to permit exit/entrance by two vehicles at one time (this will prevent backing up of traffic on Winnetka at south entrance and improve semi delivery access at north entrance). -existing entrance/exit signs to be removed, as they will not be needed after curb cuts are widened. -substantial new landscaping/planting beds to be installed on front (west) side of site with the planting of 144 shrubs and 8 trees. Staff sees the elimination of the setback variance, new landscaping, parking lot restriping, and reconstruction of curb cuts as significant improvements. Issues Not Addressed on Site Plan -no further detailed drawings of the building have been provided. -no exterior lighting changes are proposed (down lighting was requested). -no rear landscaping or screening fence is proposed. -semi delivery truck path not shown on plan. -no fence or trash detail PrOvided. Staff does not find that the expansion of the garden shop/novelty store use in excess of the code requirement is unreasonable due to the large lot size, however, other issues need to be addressed. The accessory building design criteria requires that "the same quality building materials shall be used in accessory buildings as in the principal building and that the exterior appearance and architectural design is to be similar to the principal building". This is only a problem if an effectivescreenlng is miring between the greenhouse and the adjacent residential property to the east and north. Staff would argue that an expensive glass greenhouse placed at the required setback would require no screening (however, outdoor storage/sales still would need screening). It is staff's opinion that either screening (landscaping and fencing) must be installed on the east ff the "poly" building is to be constructed or a more qualit_v-t_vpe building must be constructed. Staff recommends screening on the east to include a fence up to 8' high in the buildable side and rear yards along with various trees (of "boulevard caliper") and shrubs to soften the fence appearance to be installed on public boulevard. Design & Review stressed the need for significant upgrading of the plantings on the property of a "landscaping" business. Planning Case Report 92-04 March 4, 1992 Page -4- 7. Staff would like to see the past neglect of the site (trash containers, parking lot, debris, and construction work without necessary approvals) improved. 8. Design & Review and staff also requested that the greenhouse be "double inflated" to improve the appearance of the building. RECOMMENDATION Staff either recommends tabling of the case so that a revised site plan can be prepared to address screening/landscaping and lighting issues on the east side of the property, or recommends approval with a number of conditions, as follows: 1. Greenhouse/s to be inflated and oriented north-south on site all year. 2. Remove existing east fence, replace with 8-foot high cedar and brick column fence - column spacing maximum 50 feet on center (see staff exhibit attached). 3. Plant 6 new boulevard (min. 2-1/2" trunk) trees spaced evenly 8 feet behind the Sumter Avenue curb; remove the buckthorn shrubs, if damaged during fencing work (see staff exhibit attached). 4. Widen Winnetka driveways as proposed to improve the safety for vehicles entering and exiting the site. 5. Add new landscaping (144 shrubs and 8 trees) as proposed in front yard. 6. Replace floodlights with "shoebox-style" downlights throughout the site. 7. Provide front building fence and trash enclosure detail. 8. Development Contract and Performance Bond to be provided for improvements on public property (amount to be determined by City Engineer). Attachments: Section/Zoning/Topo Maps Topographical Survey Proposed Site Plan Existing Landscaping Proposed Landscaping Planting Schedule Building Details Original Site Plan Original Landscape Plan Staff Attachment VILLAGE GREEN GOLF COURSE ST. THERESA NURSING WINNETKA ELEMENTARY SCHOOL ~41u No INTY ,.n 59 AVE 55 TH e4'4.~ ~j4z~ ST GROVE PARK ST. RAPHEL CATHOLIC CHURCH N R.4 R.4 I-1 I-2 R.4 xo x SUMTER RHODE AND il| I !i: l~ ilI . ,~ :: ljil'~,/:l !!J /, -- .... ... ~IIMTI~R AVF N~JRTH ,' EXISTING LANDSCAPING ~ '~-~"'~ i '' "~'!'..~' - ~1 FRANK'S NURSERY & CRAFTS ...... ,~" ~ j ~ )1:1 '.~L,,')~ ~ I'.'ll~ 5620 WINNETKA AVE. NORTH ~,' · ~ ~-2-. I · ~.'..1'.~1~ ~--.: ~:~-" ~ '. . ~ ,'".1 ~' v..I !',~' ~~' ~ ~ ',.-, , ..~-: ',~. ,,, ~ ................... ~sc.,~,o. ~24~ I PROPOSED LANDSCAPING Frank's Nursery and Crafts 562# Winnetka Aveune North New Hop~, Minnesola Brnuer and Associates, Ltd L-2 ( PROPOSED PLANTING SCHEDULE COMMON N,4Mh' SHADEMASTER HONEYLOCUST IRIVER BIRCil -'$AvIN JUNIPER ANTHONY WATERER SPIREA CUTLEAF SM()( )Ti I SUMAC CLAVEY'S DWARF HONEYSUCKLE CB I CRIMSON PR;MY BARBERRY lID IISANTI DO(;WooD BOTANICAL N.4ME (;LEDITSIA TRI('ANTIt()S 'iNERMIS' "SHADEMASTER" BETULA NI(;RA JUNIPERI, IS SABINA SPIREA X BI. IMALDA ~ANTH()NY WATERER" RliUS (;I.ABRA 'I..ACINIATA' LONICERA ('I-AVEYI N/ t BERBERIS TItUNBER(;I "CRIMS¢)N PIGMY CORNUS STOLONIFERA 'iSANTi' ('()N CON' PLANTIN(; BED MULCIi T() MA'FCil EXISTING ST(}NE MLIL('II, I)F-PTII 4" OVER LANDS('A FABRIC. HEIGHT: ! t '-4' WIDTH: 2! '-0' SIZE SHOWN: 63° x R4' HOOP SECTIONS: SPACED 6'-0' ON CENTER HOOP SECTIONS. RIDGE PURUH, AND ENO FRAME: 2" O.D. x 14 GAUGE TUBE, $2,000 YIELD, 55,000 TENSIL ST;~ENGTH GROUNO STAKE: 3' LONG x I 3/4' O.D. TUBE OR 10' LEG STAND RAIN GUTTER: 14 GAUGE GALVANIZED SHEET METAL COMPONENTS: 24 GAUGE GALVANIZED 28' WIDE POLY COVER REQUIRED PER BAY POLYETHYI..~HE FOR POLY-V£NT MANUFACTURED FROM CLEAR, 6 MIL, ,I YE. AR FILM (2)--POLY-VENT BLOWERS: 4C006 ELECTRICAL: IIOV (I)-DAYTON 2 STAGE THERMOSTATS PRO-MART 63'-5' x 84;0' IF'RANK'S NURSERY al: CRAFTS - NEW HOP[: ~'~'2-6-92 r~'~. i'980-921 '~'I~.'K H ' I''"" IPOLY--TEX, INC. X X X X ' x x x x x x x x x x x ~,/,'>'-,~ x x x x x x x x x x x x x : i i I ~ . i I , I i , I ; [ · i ' I I ~.' ~ ; ~ .I ' I :1 ' ' ! , I ! : . I i ! ' X X X X X X X X X X X X X X X X X X X X X X X X X X X 84'-0" X 2 !'-0" 2 t/2" 21'-0" i I I I 21 '-0" KEY: Ri'AR FRONT REAR WALL ~tp£ POLY-V~:NT PANEL ASS[ ~3LY ~WEg ~ ASSEMBLY ?ANK'S NURSERY & C,~AFIS - NEW HOPE :"1-27-92l:"'1'974-92l ..... I""KHI r"'"NONEI'''~''' "~ I"':"'"" I I, POLY--TEX, iNC J T. EpRO-HflRT- Set Up Manual ?FRA~K!'~.. NURSERY POLY-TEX, INC. P.O. Box 458, CAS1-LE ROCK, MN 55010 INSTALLING END FRAME REAR WALL PIPE HOOP UPPER VENT RAIL (2x4x5'0" LO%4ER VENT RAIL (2x4xE'0" BASE SECTION (2x6xE'0") UPPER VENT RAIL (2x4xB'0" LOWER VENT RAIL (2x4xB'0")1 BASE SECTION (2x6xB'0")-- --"J-2" FITTING "EXTENSION "G" FITTING 9'3" x 2" O.D. LUMBER MOUNTS -CORNER VENT RAIL BRACKET ( SWEDGE ) When constructing gutter connected "PRO-MARTS", use only (3) ]umber mounts where hoops meet. Be sure to locate ail (3) on tile same hoot). ) A29 I ~~a !NST^!L!NG F,N_r) FRAMF WITH DOORS R 1DGE PURL I N "J-2" FITTING HOOP DOOR JAMB DOOR HEADER FILLER (2"X 4"X ]7") FILLER (2"X 4"X 43"). FILLER (2"X 4"X 9") UPPER VENT RAIL (2"X 4"X 7'-5" LOWER VENT RAIL (2"x 4"x 7'-5" BASE SECTION (2"X 6"X 7'--5") 4STALL FLASHING ON EXTENSIONS SO IT FACES OUTWARD 2) 3" LAG BOLT (TYPICAL) --6'-2" SHEET METAL FLASHING - Stlt ' ' ' METAL I;LASHING 1NSiDE-- When installing POLY-VENT, you should always start at the beginning of one side, it's best to be close to a ." door. Before you start, check poly-vent gutters for overlap direction. It's easiest to go with the overlap. If you have to go against the overlap be sure to have extra persons along the way to keep poly-vent from getting caught or torn. Don't worry about positioning the top edge ,when installing poiy- vent. It is very easily positioned when it has begun to inflate. ~'hen instal ling the ro()f poly, keel) in mind the roi Io~iug I)()ints. Try to pick a calm day. If it is windy, it's almost impossible to handle the plastic. Be sure that all "T-LOK" sections are in place uith the narrow channel towards the poly. Lay out the 2' lock sections around the peri- meter of the structure so they are handy. Unroll poly on ground along tile length of the structure. Place one worker at point(~)and point (~. It helps to have another worker inside the PRO-HART at point(~, on a ladder, to hell) carry the poly over. Once the poly is in position, install a 2' lock sectiou at point (~). Then, go to the opposite end point (~), tension poly and install lock section. Next, install lock section at point (~). Theu tension poly and install lock section at point (~). From there fan out from point (~)and (~uutil all lock sections are installed. CLEAR I-'ACE POLY Face poly can easily be iustalled by firsL fasteui,g tile lock sections along the dotted line as indicated in the drawing. Next, lift poly np and over the e,d hoop aild install lock sections. II II u NOTE: YOU HAY IIAVE TO CUT I,OCK SECTION] TO i' I,ON(; IN ORDEI? TO INS-I TIIEH WlII';I{F. TIlE I;',NI) IlOOP ! DO~N T^I,I. CU RV I.~5 I.'.X'I'I¢ EHI.;I,Y NOTE: IF TIlE PI,ASTIC IS INSTAl,LED ON A COOL DAY, IT FlAY LOOSEN AS TIlE k/EATliER IdARFIS. IT HIGHT BE NECESSARY TO GO ALONG PERIOD- ICAI,LY AND RETENS{ON TIlE SIIEEI' OF PI,ASTIC. (WIll':Ri!: AI)I)IoI(]AIILI;:) I KEY [ .... "T-LOK" SPLICE I "T- LOK" I- Using N12 x 1" TEK screws, fasten "T-LOK" to the upper vent rail, lower vent rail and the door jambs. Notice that "T-LOK" splice is used on the upi)er vent rail. This will hold in place your upper face poly and your tower face poi ¥. Once the poly fastener is in place, cover area with clear poly and install 2' lock sections. ~ T() P()I,Y-~ N()'I'E: Al,WAYS ]N,%TAI,I, "T-I,OK" WITII TIlE NARROW CIIANNEI, TOWARi)S TIlE P()I,Y. SITE PLAN FRANK'S NURSERY & CRAFTS 5620 WINNETKA AVE. NORTH ...... A~:'NORTH SUMTER AVE. NORTH \ L LANDSCAPE PLAN FRANK'S NURSERY & CRAFTS 5620 WINNETKA AVE. NORTH LEGAL DESCRIPTION --"' ~,.~.--~- . -- .,~"; .... · , -,..~ _--:.# _- __.,~-'. I % t % .,.., AVE. m ,F Planning Case: Request: location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 92-05 Request for A Once-Per-Summer Conditional Temporary Use/Outdoor Auto Show 5520 North Highway 169 06-18-21-33 -0002 I-1 (Limited Industrial) Champion Auto Stores, Inc. February 28, 1992 March 4, 1992 Use Permit to Allow a BACKOROUND a once-per-summer conditional use permit to allow a auto show in an I-1 Limited Zoning Industrial District, The petitioner is requesting temporary use for an outdoor pursuant to Sections 4.039(1), (2), (4), and (5) of the New Hope Code. Champion Auto Stores, Inc. is proposing to host an outdoor car show this summer, and annually thereafter, at their facility with the Land-O-Lakes GTO Car Club. The show would be conducted on Sunday, August 2nd, from 7:00a.m.-6:00p.m. (includes set-up and tear-down), would include 225 cars and is expected to attract approximately 3,000 spectators throughout the day. Champion and the Land-O-Lakes GTO Car Club have contacted Liberty Diversified Industries and Coldwell Banker/Chicago Cutlery, located to the north and south, respectively, in regards to utilizing these sites for spectator parking. The official title of the show would be the "I_and-O-Lakes Muscle Car Classic RVI". The show was initiated in 1987 to provide a "judged" show for quality muscle cars (American cars between the years of 1961 and 1974) in the Minnesota area. The show is organized annually over a 6-8 month period by committee and the organization has 13 additional committees to deal with major segments of the show (admission, parking, traffic control, cleanup, etc.). In addition, a food vendor offers convenience food throughout the show and music is provided by a national car D.J. The show is covered by a liability policy indemnifying all property owners involved with the show site. The show was held for 2 years at the Chanhassen Dinner Theater and was moved in 1989 to the ITr Life Building complex/parking ramp, where the show has been conducted for the last three years. The ITT site is no longer available due to a change in building ownership and the GTO Association would like to establish a long-term relationship at the New Hope Champion Auto site. This request was initially referred to the Planning Consultant to determine how to handle and process a temporary event of this magnitude. The New Hope Code identifies two methods for approving temporary uses: licensing and conditional use permits. Licensing is utilized to regulate small principal/accessory activities and uses, such as the sale of Christmas trees, which are intended to be small in nature and are intended to be accommodated with all ancillary activities (such as parking) to occur on the site. Planning Case Report 92-05 March 4, 1992 Page -2- Conditional use permits are required for much more intensive uses (carnivals, etc.) which present a greater opportunity for compatibility problems and adverse impacts on adjacent properties. It is the Planner's opinion that the nature of this type of auto show could be considered similar to a carnival/festival which will involve access concerns with off-site parking. All of these factors indicate a use which could substantially impact adjacent properties and the City'sstreet system. Considering the scope of the car show, with increased traffic and off-site parking, the Building Official and Planner have both recommended that this temporary use is intensive enough to warrant conditional use permit review and consideration. The Champion Auto Stores, Inc. headquarters office/warehouse is located in an I-1 Limited Industrial Zoning District and is surrounded by industrial uses on the north/east/south, with Highway//169 and the City of Plymouth to the west. Property owners within 350' of the request have been notified. The City of Plymouth inquired about the request and had no problems with it, nor did they have any negative comments about former events by the petitioner in their city. ANALYSIS City Code states that "certain uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis due to a short-term need or to the limited degree of adverse effects upon adjacent land use". The Code further states that '~ben not specifically listed, all temporary uses shall be permitted in any zoning district provided they apply for and receive approval of a conditional use permit or appropriate City license". Auto shows are not specifically listed. All conditionally permitted temporary uses shall satisfy the following criteria: (a) Ad_iacent Sites. Adjacent vacant land is not yet impacted by development pressures or will not be affected by the proposed use. (b) Noise and Nuisance. Adjacent developed land will not be adversely affected by the proposed use because of traffic, noise, dust, smoke, unsightliness, or other nuisance characteristic. (c) Term 0f Permit. The period of time for which the conditional use permit is to be granted will terminate before any adverse effects are felt upon adjacent property. (d) Performance Bond. There is adequate assurance, guaranteed by performance bond in a form accepted by the City Council, if deemed necessary by the Council, that the property will be left in suitable condition after the temporary use is terminated. (e) Compatibility. The proposed use is compatible with its adjacent land uses. (f) NO De_nreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Planning Case Report 92-05 March 4, 1992 Page -3- (g) Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. Staff and the Planning Consultant met with the petitioner on 2/6 and discussed parking (for employees, spectators, and trailored vehicles), traffic control, litter/trash receptacles, crowd control, food/sanitation, directional signage, noise/music, vendors, and general characteristics of the show. The Design & Review Committee met with the petitioner on 2/14 and discussed many of the same issues: -All show/display cars would be located on the Champion Auto parking lot and the site would be surrounded with a temporary security fence. -Written letters/parking agreements with adjacent industrial properties were discussed. -Staff and Design & Review recommended that GTO hire two Police Reserve officers to assist with traffic control, in addition to GTO traffic committee. -Design &-Review requested that first aid tents be identified on plans. Noise was discussed but it was not felt to be a problem in an industrial area on a Sunday afternoon. -GTO indicated they would provide their own trash barrels/dumpster, and police the area after the event. Temporary traffic directional signs on 49th Avenue and Bass Lake Road were discussed. -Number of spectators and turn-over during the day was discussed. -Due to the inconvenience of the Chicago Cutlery building for parking (a drainage ditch separates the sites), the Police Chief has recommended that on-street parking on one side be allowed for the event on the following roadways: on the east side of the frontage road from Science Center Drive to West Research Center Road and on the south side of West Research Center Road from the frontage road to International Parkway (parking to be allowed on Champion Auto side of the road), with temporary "on-street parking" signs to be installed on "parking" side of road and traffic cones to be installed on "no parking" side of road. The site plan was revised as a result of the Design & Review meeting: -the music will face southwest toward Highway #169 -eight portable latrines will be provided -concession stand area is identified -car show and spectator entrances are identified -six handicapped parking stalls are identified -registration, car club tent first aid tent and picnic area identified -security fence location identified Parking -The Liberty Diversified site will provide 225 striped parking stalls for spectators and 125 stalls for car trailers. -The Chicago Cutlery site will provide in excess of 150 parking stalls. Planning Case Report 92-05 March 4, 1992 Page -4- -The Champion Auto site will provide space for the display of 225 show cars and 45 spaces for the "swap & car corral". -One-sided on street parking will be allowed.-Science Center Park could be utilized for overflow parking. Staff finds that the majority of conditions are met and that the one-day event should not adversely impact adjacent sites on a Sunday due to the location in an industrial zone away from residential areas. The petitioners are well organized and have accepted all recommendations from City staff and Design & Review. RECOMMENDATION Staff recommends approval of the request for a conditional use permit for a temporary use for a one-day event auto show on an annual basis with the following conditions: Evidence of insurance to be submitted 30 days before the event to cover foreseeable hazards/accidents and City to be indemnified and held harmless from any claims arising as a result of this event. Champion to arrange for one on-duty Police Officer (New Hope) or two Police Reservists (New Hope) for the day, through Chief Kastanos. Minimum of 10 orange-vested traffic volunteers are to be on duty in areas agreed to by Champion and the Police Chief. Traffic cones and temporary signage "NO PARKING", "GTO SHOW---" to be erected in sizes and numbers agreed to by City staff at Champion's expense. Tent permits must be obtained from the Fire & Safety Dept. in advance of the event. City Sanitarian must approve any food/beverage handling/sales/give-away in advance. Licenses are required. Provide 8 portable toilets designed for high occupant use. All cleanup must be done by 6:00 p.m. on show day. City will review each event and reconsider details or event as appropriate within 14 days after it occurs. Attachments: Zoning/Section Maps 1/31 Planner's Report Petitioner/Staff Correspondence Petitioner Narrative Site/Parking Plans Liberty Diversified/Coldwell Banker Correspondence I / / I.O m.4 R.4 m.4 tlNNE APQLIS PARK llll~T' I~S[ARCH cENTER PU'BL~C ~xOx WORKS GARAGE ~ SCIENCE CENTER DRIVE · ...... ~ ....... $IlNTF. MARIE URB PL. AN NG · OES N · MARKET RESE A Re H ; TO: FROM: DATE: RE: FILE NO: Kirk McDonald Kyle Brown/Alan Brixius 31 January 1992 New Hope - Champion Auto - Auto Show 131.00 - 92.03 The City has received a request from Champion Auto Store to allow a car club show on Sunday, 2 August 1992. The site is zoned I-1. The show is expected to include 225 cars and will attract approximately 3,000 spectators. At issue is the determination as to how to handle and process a temporary event of this magnitude. The New Hope Zoning Ordinance identifies two methods for approving temporary uses. Licensing is a method utilized to regulate small principal and accessory activities. Uses which are listed include Christmas tree sales, on-site sales promotions, and civic activities. These uses are intended to be small in nature, and also are intended to be accon~nodated with all ancillary activities, such as parking, to occur on site. Conditional use permits are required for much more intensive uses. Activities which are listed within the City Zoning Ordinance include excavating, stockpiling, religious events, and carnivals as a principal use. Uses such as these present a much greater opportunity for compatibility problems and adverse impacts on adjacent properties. 5775 Wayzata Blvd.- Suite 555. St. Louis Park, MN 55416. (6t2) 595-9636. Fax. 595-9837 Champion Auto Stores request includes the displaying of 225 automobiles, in addition to other possible display features. The nature of this type of auto show could be considered similar to a carnival or festival. In addition, the event is expected to attract at least 3,000 people to the area, raising access concerns. Parking is proposed off-site on the adjacent LDI Diversified site. All of these factors indicate a use which may substantially impact adjacent properties as well as the City's transportation network. Considering the scope of the car show request, as well as the fact that traffic will be significantly increased and parking will be accommodated off-site, we agree with the Building Inspector's conclusion that the temporary use is intensive enough to warrant conditional use permit review and consideration. This will allow for thorough review by City Officials as well as a public hearing. Per the Zoning Ordinance, criteria to be considered includes: Adjacent sites Noise and nuisances Crowd control Term of permit Security Compatibility Performance standards (including parking) 2 IJ t xi~ x III t CHAMPION AUTO STORES, INC. Central Organization January [4, [992 5520 Nortt~ Highway 169 New Hol0e, MN 55428-3698 (612) 535-59~4 Mr. Doug Sandstad City of New Hope 440[ Xylon Avenue North New Hope, MN 55428 Dear Hr. Sandstad: We are in the process of trytn8 to host an outdoor car show with the Land-O-Lakes GTO Car Club. We would like to use our facility as the site and are asking for your assistance in guiding us through the approval process with tho City of New Hope. Hsre ars the basic details of the event: Date: Time: Number of Cars: Spectators: Spectator Parking: Sunday, August 2, [992 7:00 a.m. - 6:00 p,m. (includes set-up and tear-down) Approximately 3,000 throughout the day We have been in contact with ~D! Diversified which is the property Just to our north and have received permAssion from Mr. Tom Combs, their Manager of Corporate A~ministration, to use the£r parking lot during this time period. I would appreciate your assistance in this matter. If you would, please direct any questions you may have of this event to Chuck McKaige, our General Manager of AdverCistnl. Thank you in advance for your assistance. Executive Vice President DB:cai cc: Chuck McKaige 4401 Xylon Avenue North New Hol~e, Minnesota 55428 Phone..~ 531-5122 January 2t, 1992 Dene Billbe, Exec. Vice President Champion Auto Stores, Inc. 5520 North Highway ~169 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 attached form, along with plans fees and a short narrative description. If a CUP were approved, it would be permanent, and you may want to consider one annual similar event in your request. The filing fee is $450.00. Such a process takes between 30 and 60 days. Our next filing deadline is February 7, 1992. After staff review, the Plannin$ 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 meeting with your people, our Community Development Coordinator-Kirk McDonald and myself to explore the issue further, at your convenience. Just call 531-5122 to schedule it. DOI/~'i~s; San~stad ~ Building Official/Zoning Administrator cc:McDonald Donahue file Family Styled City ~ For Family Livin[ LAND OF LAKES GTO$ A CHAPTER OF THE GTO ASSOCIATION OF AMER/C,~ TO: CITY OF NE~ HOPE FROM=KEVIN DEWITTE-LAND OF LAKES GTO"S RE:"LAND OF LAKES MUSCLE CAR CLASSICR" DATE: FEBRUARY 7,1992 Land of Lakes GTO'S and Champion Auto Stores respectfully request your consideration and acceptance of our request to hold a collector car show at the Champion Auto Stores corporate office area in New Hope.The show,titled"Land Of Lakes Muscle Car ClassicRVI" is scheduled for August 2,1992 from 8:00 AM to 4:00 PM. The Land Of Lakes Muscle Car ClassicR was started by several Land Of Lakes GTO'S members in 1987 to provide a "judged" show for quality muscle cars in the Minnesota area. Our defi- nition of a muscle car startswith all American cars between the years of 1961 and 1974 that have a horsepower to weight ratio of at least 1 horsepower to 12 pounds,as advertised by factory specifications. IE.a 1964 GTO weighs 3650 pounds with 348 horsepower,3650 divided by 348 = a ratio of 10.48 to 1.We encourage preregistration;out of 217 registered cars in 1991, 127 were preregistered.This process affords us the opportunity to screen the cars to ensure they qualify,plus it reduces traffic back up at registration the day of the show. On show day,we have a team at the front gate that classify each car using a large reference text that lists the factory advertised horsepower and weight of all 'qualifying cars in the years 1961 to 1974. There are 19 judged classes,an unrestored-original class,a non- judged display only class,and the winners circle,which represents all previoug years class winners in heads-up competition. Each class has 1,2,3 place award plaques,plus additional places are paid for classes with more than 10 cars. In 1991,we awarded 72 awards to participants,plus several major door prizes,a $400.00 set of tires was awarded to the winner of the preregistration drawing. ATTENDANCE RESULTS 1991- SPECTATORS - ~3,000 - 3,500 SHOW CARS - 217 Display CARS - 40 CAR CORRAL - 48 Vendors - 30 LAND OF LAKES GTO$ A CHAPTER OF THE GTQ ASSOCIATION OF AMERICA The show is organized annually over a 6-8 month period by a designated committee of approximately 12 members.We have from experience,identified 13 major segments of the show;designed job descriptions,and have a chairman and co-chairman for each sub committee.A description of the functions of several of the main committees will address the criteria to be considered by your city council: I.ADMISSION - Assemble workers schedule,mail schedule to all participants.Coordinate tables,stamps,at least $800.00 in change, and all other articles needed to man admission gates.The area will be fenced off With 2 gates available for spectator admission. II.SHOW CAR ADMISSION- Set up at 6:30 AM. with tables,cash box, reference material,preregistration slips,car identification slips, and all other necessary material plus crew to classify cars quickly until close of show car admission at 11:00 AM. III. PARKING-SHOW CARS AND SPeCTATORS-Set up schedule of workers, mail schedules,start at 6:00 AM.Hand out equipment(vests,radios etc.) Organize lOt for all classes prior to meet according to preregis- tration figures. IV.TRAFFIC CONTROL-Set up direction signs by 6:00 AM. on nearby intersections,pick up after show,set up and mail workers schedules, coordinate all show car and spectator traffic during all hours of show,hand out equipment(vests,radios, etc.)Work with participants with trailers to park in designated areas.Provide security in spec- tator parking areas. ¥.SET UP ( SATURDAY NIGH~ )- Stuff grab bags,set up needed snow fence,set up computers and test operations,set up Wings,trash cont- ainers,check biffs.Stage all necessary electrical devices,signs, and registration items inside for Sunday AM. CLEAN. UP - Empty all trash containers in compacter.police show site, and spectator parking area. Check biffs before,during,and after the show.(experience has been 8 biffs,and a portable sink meets the spectator need)Pack up all snow fence,electrical devices,signs,etc. for delivery to the club storage facility. The following organizational committees enable the show to run smoothly: LAND Orr LAKES GTQs A CHAPTER Oft THE GTQ ASSOCIATION OF AMER/C,~ ADDITIONAL CAR SHOW COMMITTEES: REGISTRATION DOOR PRIZES JUDGING GRAB BAGS TABULATION CLUB TABLE PROCEEDS MODEL CAR CONTEST In addition to these committees,we provide a food vendor,who will offer convenience food throughout the show from his own self- contained food distribution stands.Music is provided by Wings Kalahan, a national car show DJ. Our show is covered by a $500,000 liability policy provided by our parent organization,the GTO Association of America.This policy will indemnify all property owners:Champion,LDI,Chicago Cutlery, and the city if necessary.We do have the permission from LDI (see confirming letter) and the Chicago Cutlery lot to use these areas for spectator parking the day of the show. All other car show activities will be contained on the Champion property(please see attached site plan) We originally held the show for two years in the lot at the Chanhassen Dinner Theater,but moved in 1989 because of the renovation of the downtown area.We have held the show at the ITT Life business complex parking ramp the last 3 years,and move only because of a change of ownership of ~he building and ramp. In both locations we enjoyed participation from local vendors with door prizes,and always patronize local hotels,restaurants,and retail outlets. The combination of a high quality,relative small car show,and the Champion Auto Store business is a natural,and we plan to retain this relationship throughout the years. Thank you all very much for your consideration of our proposal. Please contact me at 475-3397,or 3060 Alvarado Lane,Plymouth,Mn. 55447 if you have any questions. Sincerely, Kevin DeWitte Chairman,Land of Lakes Muscle Car ClassicR Copies: Champion Auto Stores - Chuck McKaige,Mark Read Land of Lakes GTO'S LAND OF LAKES GTO$ A CHAPTER OF THE GTO ASSOCIA T/ON January 17,1992 Mr. Thomas Combs Hanager Corporate Administration Liberty Diversified Industries 5600 N. Highway 169 New Hope,Mn. 55428 Dear Mr. Combs: Thank you for taking the time to discuss our need for parking space for our club's Land of Lakes Muscle Car ClassicR car show. Per our discussion,the Land of Lakes GTO's organization is covered by an insurance policy from the national GTO club. This liability policy will indemnify Liberty Diversified Ind- ustries from damages suffered by spectators or participants in the show for an amount of $500,000.00. The show will take place at the Champion Auto Parts Headquarters site on Sunday August-2,1992 from 8:00 AM - 5:00 PM.There will be approximately 225 show cars in the Champion lot,and aroun~ 3,000 to 4,000 spectators throughout the day. With your permission,we would like to use your lot for spec- tator parking the day of the show,along with other areas arounl the Champion property. Please contact me if any of your staff would like passes to attend the show. As the date draws nearer,I will provide you with a copy of the insurance policy for your records. Thanks again for your cooperation. Please call me at 475-3397 at any time if you have any questions. Sincerely Kevin DeWitte Show Chairman Land of Lakes Muscle Car Classic ' I III / / 4 Ii WEST X ,0 0 X 901 .,? CENTER ROAD X 890.9 896.3 891.8 C) 890.? X 892.2 X 895.9 X .I~CB COMMERCIAL Liberty Diversified Industries 5600 NORTH HIGHWAY 189 * MINNEAPOLISr MINNESOTA 55428 ,, (612) 536-6600 AFFILIATED COMPANIES: UIERTY P..ARTON. FIOF. JJTY PROOUCTS. SAFCO IIROOUCTS, SHAMROCK IN OUSTRI/.I. VALLLrY CRAFT, SOUTHERN O~VERSI~ED TWX 910-~?~-2M · FACSIMILE February 14, 1992 Mr. Kevin DeWitte 3060 Alvarado Lane Plymouth, MN 55447 Re: Parking For August 2nd, 1992 Auto Show FEB 18 199'2 Dear Mr. DeWitte: This is to advise you that you have our conditional approval to use the parking lot for your August 2nd, 1992 show. The conditional nature of this approval is based upon you providing us with adequate insurance coverage and the appropriate indemnification from any claims arising as a result of this event. I would like to suggest that any fuz-~her communication regarding what we feel are appropriate coverages be directed to Mr. Glenn Medenwaldt our Risk and Insurance Manager (536-6620). I would like to wish you success with this event. Regards; Thomas D. Combs Manager, Corporate Administration cc: Glenn Medenwaldt 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 February 28, 1992 March 4, 1992 UPDATE City staff is requesting consideration of thc 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-l, B-2, B-3, B-4, 1-2, and 1-2 Districts; Regulation of Adult Uses-Principal Within the B-3, B4, I-1, and I-2 Districts. B. An Ordinance Regulating the Licensing of Adult Uses-Principal The Codes & Standards Committee met on February 19th and reviewed the revised draft ordinances and a memo from the Planner outlining the changes, reviewed the Resolution prepared by the City Attorney on "findings of fact", and discussed other miscellaneous related issues. The Planner's memo summarizes the suggested changes to the ordinances, as per the discussion at the last Planning Commission meeting. The recommended changes include the following issues: A. Adult Use-Principal Definition Changes have been made to the definition of adult use-principal. All references to adult use-accessory has been eliminated so the definition can stand alone. B. Hours of Ooeration Hours of operation for adult use-principal have been included in the licensing section as 8.282. The original recommendation from the Planner was to have the hours of operation coincide with the hours allowed for liquor establishments (10:00 a.m.-l:00a, m. weekdays/10:00 a.m.-12:00midnight Sundays). Codes & Standards recommended that the hours be changed to coincide with the B-3 retail hours of operation (6:00 a.m. to 12:00 midnight) so that these adult establishments would close earlier than liquor establishments due to the possible secondary impacts. The ordinance has been revised to reflect this change. Planning Case Report 91-15 March 4, 1992 Page -2- C. Construction Standards for Booth~ Incorporated building construction standards for movie booths in the licensing section as 8.273 (pages 5, 6, and 7). Standards incorporate existing standards from both Ramsey and St. Paul. A minor revision was recommended by Codes & Standards to clarify that one side of all booths must be open to an adjacent public room and the ordinance has been revised to reflect this change. D. Adult Use-Princival as Conditional Use Amended language in the Ordinance amendment to include adult use-principal as a conditional use rather than principal use. E. Minimnm Spacing Requirement for Protected Uses Amended spacing language between adult use and "protected use" to include a minimum spacing requirement between all "protected uses" and adult uses. This will allow the City to control the location of "protected uses" from locating too close to adult uses thus defeating the intent of the ordinance. Two other issues discussed by the Committee included adding language to the ordinance regarding rear exterior entrances and the distance requirement for notification. Language has been added to the ordinances, stating that all exit/entrances must be shown on the site plan and with the exception of lure exits, public entrances are not to be in the rear of the building. There was also considerable discussion about the distance for public heating notification. As you are aware, the existing City Code requires notification of all property owners within 350' of a variance or conditional use permit application. Several committee members felt that for an adult use CUP application the distance should be increased to 500' and requested that staff research the increased cost. Staff compiled the attached maps and cost information on a 350' vs 500' notification range. The cost difference is insignificant. If the Commission determines to recommend that the notification range be increased, you will have to decide if the increase will apply to adult use CUP applications only or if it would be applicable to all zoning public hearings. The Committee also reviewed the Resolution by the City Attorney ESTABLISHING FINDINGS OF FACT THAT ZONING AND LICENSING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE St/CONDARY ADVERSE EFFECTS OF SUCH BUSINF_3SES ON THE CITY OF NEW HOPE. The Committee made no recommendations for changes on the Resolution and there was a general consensus from the Committee to present the revised ordinances and Resolution of Findings to the full Commission for adoption. Planning Case Report 91-15 March 4, 1992 Page .-3- If the full Commission agrees with the changes in the ordinance and concurs with the Resolution of Findings, the next step would be for the Commission to formally adopt the Resolution and to forward it, along with the recommended Adult Regulation and Licensing Ordinances, to the City Council. The Resolution basically states that the Planning Commission has studied the Adult Use Entertainment issue and recommends that the Council adopt ordinances to regulate said uses in New Hope due to secondary- related impacts such as crime, property values, and the spreading of disease. If the Commission is not prepared to adopt the Resolution, this matter can be tabled for further study. RECOMMENDATION Staff recommends that the Commission formally adopt the Resolution on the Findings of Fact and forward it, along with the recommended Adult Regulation and Licensing Ordinances, to the City Council with a recommendation that the Council adopt ordinances to regulate Adult Enter- tainment Uses/Businesses within the City of New Hope. Attachments: Findings of Fact Resolution 2/12 and 2/25 Planner's Memo with revised regulation/licensing, ordinances Maps & Staff Estimates/Notification February Planning Report -Background Information Background Correspondence/Reports from Attorney and Planner PLANNING COMMISSION RESOLUTION NO. 92- RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING AND LICENSING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES ON THE CITY OF NEW HOPE Be it resolved by the Planning Commission of the City of New Hope as follows: legal Back,round WHEREAS, the United States Supreme Court in its decisions of Youn~ v..American Mini Theater~, ~6 S.Ct. 2440 (197~), and C~ity af Rea%on v. Play%im~ Thea%eE~, 10~ S.C~. 926 (1986) has ~eld that sexually oriented businesses engaged in ~he o~ering o~ adul~ Fare characterized by an emphas~s on matter depicting specified sexua] activities or &na~om~¢&l &teas may no~ be completely orohibited ?rom do~ng bus~nesa within ~ties by municipal ordinances, and WHEREAS, ~he Supreme Cour~ has further held thaC municip&l~%~es may regulate sexually organ[ed businesses w~:h 3awfully enacted content-neutral time, place and manner zones9 and licensing ordinances i? ~aid rigulations are no~ merely a pretext ?er completing ~roh~b~ng wt~hin a City sexually oriented businesses ~ased on the content o? ~he material Being o??ered, &nd WHEREAS, %he Supreme Court has concluded %hat law~ul content neutral time, ~lace aaa manner regulations may ~ave aa their focus the minimization e~ ~he adverse secondary e~ec~$ on a community generated by ~e 3ocs[ion and operation of a sexually oriented Business wlthln a community. Adverse secondary effects are defined increased incidence o~ crtme, diminution o? property values within the community and especially ~he values o? those properties adjacent ~o or in close proximity to the sexually oriented Business, and increased risk ~or the spread of sexually transmitted diseases, ~n¢ludin9 bu~ not limited to, AIDS, and FEB-- 14--9~ ~R I T ~ 59 CORR I CK & SONDRALL Proqedural ~)ack~round WHEREAS, the City Of New Hope (hereafter City) currently has no permanent zoning or licensing ordinance or regulation governing the location and operation of sexually oriented businesses within its City limits, and WHEREAS, the City is extremely concerned with the potential harm occasioned by ~he unregulated opera~ion and location of sexually oriented businesses within its limits, and WHEREAS, the City Council pursuant to Resolution No. 91-43 adopted at its February 25, 1991 meeting, directed its staff, its City Planners, Northwest Associated Consultants, and its City Attorneys, Corrick and 8ondrall, to continue a study and review of the adverse secondary effects unregulated sexually oriented businesses can have on a community such as New Hope, and WHEREAS, to effectuate the purpose of said study and review and to guard against the potential harm that can De caused by the secondary adverse effects of unregulated sexually oriented businesses while said study and review is being completed, the City Council adopted at its meeting on February 25, 1991 Interim Ordinance No. ~1-07 imposing a moratorium on all new sexually oriented businesses located in the City until February 25, 1992. 5aid ordinance, now codified as New Home Code §§1.55 %brough 1.554, was adopted by eu%hority of Mino .... Stat. §462.355(4), and further amended to extend the moratorium period until Augus= 25, 1992 by Ordinance No. 91-22 adopted by the City Council at its meeting on December 23, 1991~ and WHEREAS, the City Council further directed staff to refer the regulation issue of sexually oriented businesses and ~heir attendant adult uses to the New Hope ~lanning Commission (hereafter COmmission) as provided by New Home Code §2.122 for the Commission's recommendation regarding the need, If any, for zoning and licensing regulations to govern sexually oriented businesses located in %he Ct%y, and WHEREAS; the Codes and Standards Committee of the Commission has reviewed %he issue of zoning and licensing regulations for sexually oriented businesses at its meeting of October 30 and Decembe~ 17, 1991 and Febru&ry 19, 1992 ~nd the Commission has considered this issue at its regular meetings of November El, 1991 and February 4 and Mar~h 3~ 1992. Further, that at its February 4, 1992 meeting, the Commission held a public hearing on tht~ issue pursuan~ [o 13 days published notice in the New Hope-Golden Valley Sun-Post whereat all 3ersons wishing to be heard were given an opportunity to be heard on this issue, and 2 WHEREAS, before the Codes and Standards Committee and the Commission at ·aid meetings were the following information: 2. 3. 10. 11. Unsworn testimony of Kirk McDonald, Community Developmen: Coordinator of the City of New Hope. Unsworn testimony of A1Brixius of Northwest Associated Consulbants, City Planner. Unsworn testimony of Steven A. gondra11, New Hope City Attorney. Cop~es of all reports and le~ers prepared by Northwest Associated Consultants and New Hope's Community Development Coordin&tor and Attorney on the subject of regulating sexually oriented businesses within the City. A copy of the June 8, 1989 Reoor% Of the Attorney General's Working G~OuD on. ~e Requlation of Sexua!_~% Oriented_BusinesseS. A COpy of s March 2, 1988 Rochester/Olmsted Planning Department Adult Entertainment Research Report, A copy of New Hope ¢i%y ¢ouncll Resolution No. 91-43 and ~nterim Ordinance No. gl-0?, both adopted February 35, 1991. A copy efa February 8, lg91 memo ti~led Re~u]~ton Qf Adult Uses Umde~.e for City A~torneYs. ¢opie~ of %he United States Supreme-Court decisions in Youna v .... American Hint Theabers, ~n¢~, supra, and~ Renton v. Playtime Theaters, supra, Minu~e$ of bhe November ~1, 1991 and February 4, 1992 Commission meetings and ~he minutes of %he February ~5, 1991 CIty Council meettng. The unsworn testimony o~ persons attending said meetings including ~he Commissioner*s own commen~s, discussions and opinions. Ftndin~$ of Fac~ WHEEEAS, based on :he procedural history and legal background referenced herein, the New Hope Planning Commission hereby makes the following Flnalnge of Fact in connection wi~h ~he regulation of sexually oriented businesses within the City: That the Planning Commission has reviewed and considered all the material and unsworn testimony presen%ea before i~ in connection wi~h the regulation of sexually oriented businesses within the City and more specially the material and testimony expressly stated herein. 3 The Commission has revlewed and studied ~he "Report ~¢ the Attorney General's ~orking ~rouo on ~egula~ion of Sexually oriente~ Businesses", ~aCe~ June 6, 1989~ and the Rochester, Hinneeota/Olmsted County Planning Department "Adult Enter~ainmen~ Report" dated Narch 2, 1988, collectively referred to hereafter as "Reports", The Reports considered evidence from studies conducted in Hinneapolis and St. Paul and in other cities throughout the country relattng to sexually oriented businesses. The Attorney General's Report, based upon ~he above referenced studies and the testimony gresented to it has concluded "~hat sexually, oriented businesses are associated with high Crime rates and depression cf property values." ~n addition, ~ha Attorney General's Work Group" . . heard testimony that ~he character o~ a neighborhood can dramatically change when [here is s concentration of sexually oriented businesses ad, scent to residential property.". The Reports conclude %hat sexually oriented businesses have an impac~ on the neighbOrhoOds surrounding them which is distinct from ~he impac~ caused by ot~er commercial uses. The Reports conclude :ha: residential neighborhoods located within close proximity to adult theaters, bookstores and other sexually oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increase~ transiency, and Oecreaaed sta~li~y of ownership· The Reports conclude the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the disC&ncc from the sexually oriented businesses increases. The Repor[s conclude that s~u~ies of o~her cities have shown tha~ among t~e crimea which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure, and o:her lewd an~ lascivious behavior. The Repor%s conclude that the Phoenix, Arizona study confirmed that the sex crime rats was on the average 500 percent higher in area$ with sexually oriented businesses. 4 ~E~-- 14--~ ~R I ~ : O I CORR I CK & $ON~RALL 10. 11. 12, 13. 14. 15. 16. 17. The Reports conclude that many members of the public percsive areas within which sexually oriented businesses are located as less safe than other areas which do not have such uses. The Reports conclude that studies of other cities have shown that the values o? Doth commercial and residential properties either are diminished or fail to appreciate at the rati of other comparable properties when loc&ted tn proximity to sexually oriented businesses. The Reports conclude that the Indianapolis, Indiana study established that professional real estate appraisers believe the5 an adul[ bookstore would have a nega~tve effect on the value of both residential and commercial properties within a one to three block area of the store. The Planning Commission finds the suburban characteristics of New Hope are similar to those of tbs cities cited by the Reports when considering ~he effects o? sexually oriented businesses and that the ~indings concerning the effects of sexually oriented businesses ~n other cities documented in the Reports are relevant ~o New Hope's circumstances. The P]anning Commission finds, based upon ~heRepor[s and the studies cited therein, that sexually orien~e~ businesses will have adverse secondary effects upon certain pre-existing land uses within the City of New Hope and ~hat in reliance on the data and conclusions made by ~he s~udies documented in the necessary for New Hope to conduct i~s own independen~ study concerning the effects of sexually orien[e~ businesses locating.within the City. The City of New Hope is currently without any ordinance rsgulatin~ the location of sexually oriented businesses within the City. Pursuant to the United States Supreme Court case of Cit~ o~ Rento~ v Pl&yt~me_~heaters. ~nc., 106 $.Ct. 925 (198~), and others, it prohibition against sexus]ly oriented businesses would be unconstitutional. The City of New Hope is a predominantly residential community with a relatively small proportion of its square area devoted to commercial and industrial uses. 18. 20. The ~lanning Commission fin~ ~a~ the location of sexually oriented businesses within the City of New Hope will have a detrimental effect on the City by unnecessarily lowering property values within the City if maid establishments were located in inappropriate areas. The Planning Commission finds there will De increased crime within the City from inadequate regulations of sexually oriented Du$inessem locating and o~erating within the City, The Planning Commission finds that content-neutral time, ~lace and manner restrictionm that regulate the zoning and licensing of sexually oriented businemses are necemsar¥ in the City of New Hope to minimize the adver$~ secondary effects which will accompany the location and operation of Said businesses within the Ci[y but the% said regulations should be drafted in such a manner as [o a~low for reasonable o~por~unity ~o open and operate sexually oriented ~usinesses within :he City w~ile minimizing the secondary adverse effects. Recommen.dat~i on WHEREAS, the Planning Commission hereby recommends that the attached zonin9 ordinance identified am Exhibi~ A anQ C~e attac~eQ licensing ordinance attached as Exhibit B will serve the City's needs by minimizing the adverse secondary effects of sexually oriented businesses while, provi~in~ said ~u$1nesses a reasonable opportunity to locate and operate within the City. WHEREAS, the Ci:¥ Counctl Should consider adopting ~he attached ordinances before the ex~ration mC ~n:er~m Ordinance 91-O7. Adopted by the P~&nning Commission of :he City of New Hope, Hennepin County, Minnesota, ~hi$ day of , 1~92. Kirk McDonald, Community Development Cooratnator Or. Robert Cameron, Chairman RB Pi. AN NG . D N · MARKET TO: FROM: DATE: RE: FILE NO: Kirk McDonald/Steve Sondrall Allan Hunting/Alan Brixius 25 February 1992 New Hope - Adult Use 131.00 - 90.10 Pursuant to the recommendations made at the February 1 Codes and Standards meeting, we have made the necessary changes to the licensing section. Section 8.273.2.h. requires that all doors intended for customer access be illustrated on the site plan indicating location and the treatment of interior and exterior lighting of the doorway. Section 8.282 restricts hours of operation between 12:01 AM and 6:00 AM. -. Section $.273.1.e. references booth construction and requires a clear view into the booth which either means the absence of a door or a door made of a clear transparent material. 5775 Wayzata Blvd.. Suite 555 · St. Louis Park, MN 55416. (612) 595-9636. Fax. 595-9837 U R B I) I. A N C; · · M A FI K E T FI S E A R ¢ ~ FROM: DATE: RE: FILE NO: Kirk McDonald Steve Sondrall Allan Hunting/Alan Brixius 12 February 1992 New Hope - Adult Use Ordinance 131.00 - 90.10 As per discussions with the City, we have made the suggested changes to the draft Ordinance. This memo su~%,~rizes the changes made. Changes have been made to the definition of adult use- principal· All references to adult use-accessory has been eliminated so the definition can stand alone. Hours of operation for adult use-principal included in the licensing section as 8.282. have been Incorporated building construction standards for movie booths in the licensing section as 8.273. Standards incorporate existing standards from both Ramsey and St. Paul. Amended language in the Ordinance amendment to include adult use-~ci~l as a conditional use rather than principal use. Amended spacing language between adult use and "protected use" to include a minimum spacing requirement between all "protected uses' and adult uses· This will allow the City to control the location of 'protected uses' from locating too close to adult uses thus defeating the intent of the Ordinance. Please review the above mentioned changes and notify our office of any comnents or concerns you may have. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 ORDII~%NCE N0.1992- 2/25/92 AN ORDINANCE REGULAT~ THE LICENSIN~ OF ADULT USES - PRINCIPAL. T~R CITY OF NEW HOPE, MINNESOTA, w~y ORDAINS AS FOLLOWS: following: Chapter 8.27 is hereby amended to add the CLh~D~er 8,27, Adult Use Licensina 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) A~g~J~_M~-~ 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) A~ult 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) Adult Uses - Principal. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment, and 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" (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 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. 4 (n) Adult Use - Sauna. A sauna which excludes minors by reason of age, and which provides .a steam bath or heat ba~hing 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 Building Standards and Definitions. (l) Definitions. (a) The term "high risk sexual conduct" means: i. Fellatio. ii. Anal intercourse. iii. Vaginal intercourse with persons who engage in sexual acts in exchange for money. (b) The term "hazardous site" means any commercial premises, building or structure, or any part thereof, which is a site of high risk sexual conduct. (c) The phrase "booths, stalls, or partitioned portions of a room or individual rooms" means: i. Enclosures specifically offered to persons for a fee or as an incident to performing high risk sexual conduct. ii. Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed on the 5 premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. (d) The phrase "doors, curtains, or portal partitions" means full, complete, non-transparent closure devices through which one cannot see or view activity taking place within the enclosure. (e) The phrase "open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of any "door", curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexi-glass, or other similar material meeting Building Code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure. (2) Building Standards. (a) No co~,~ercial building, structure, premises, or part thereof, or facilities therein which operate as adult use-principal shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high risk sexual conduct. (b) No person.shall own, operate, manage, rent, lease, or exercise control of any commercial building, structure, premises, or portion or part thereof, which contains: i. Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. ii. Booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. (c) Ail viewing areas or booths in movie arcades shall be accessible from a continuous main aisle. (d) Ail viewing areas or booths shall be located together along a continuous main aisle to eliminate the possibility of secluded booths elsewhere on the premises. (e) No more than one person shall be permitted to enter or remain in a viewing area or booth at any time. (f) The viewing areas or booths shall be maintained at all times in a clean and sanitary manner, and the owners or operators of the movie arcade shall seek the advice of the Division of Health, Community Services Department, as to the manner in which to accomplish provision. (g) Except in the case of fire doors, all doors intended for customer access shall be illustrated on the submitted site plan indicating location and treatment of interior and exterior lighting of doorway. 8.274 License Required. No person, firm, or corporation shall operate an adult use, principal without having first secured a license as-hereinafter provided. 8.275 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 7 (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; (7) The provisions made to restrict access by minors; (8) A building plan of the premises detailing all internal operations and activities. 8.276 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) Ail 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; 8 (c) The licensee's death; (d) A change in the legal status makin9 unlawful for the licensed business to continue. 8.277 Granting of License. (1) The City Council and their agents shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the 9ranting of the license. After such investigation and hearing, the City Council shall 9rant 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 Section 8.279). be 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. 8.278 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. 8,279 Persons Ineligible for License. No license shall be granted to or held by any person: (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. (3) Who is not the proprietor of the establishment for which the license is issued. 8.280 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. 8.281 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) Ail 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. 8.282 Hours of Operation. Adult use-principal operations shall be restricted from operating between the hours of 12:01 AM and 6:00 AM. l0 8.283 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. ~ 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 11 8. 9. 10. 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) Applicant's Address: (Street,Box,Route) (City) (State) (Zip) Applicant's Phone Number(s): Applicant's Date of Birth: Applicant's Position With Company: 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. (Last Name) Manager's Address: (Street,Box, Route) 13. Manager's Phone Number(s): 14. Manager's Date of Birth: 15. .Type of Activity: 16. Description of Activity: (First Name) (Middle Initial) (City) (State) (Zip) 12 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: 13 OPPORTUNITY AREA 500 feet OPFORTUN ITY $00 feet REVISED -- OPmRTUN~Yy SOO fee MUNSINGER GYMNASTIC CENTER ....... · ...: ............. · SCIENCE ~ / INDUSTRy PARK W~I' I~'~,(A~ICH CE'NTCIW I~OAO i 1"= 500' i ~" i SCIENCE CENTER DRIVE ST. PAU~ · R.4 OPPORTUNITY AREA OPPORTUNITY AREA LOST :EWCI~EST GRAND SLAM N i z II IIIIIII/IIIBI/II COUNTY ROAD 1"= 500' OPPORTUNITY AREA OPPORTUNITY AREA LOST 0 · K[m ~O&O mmmmmmmmmmmmmmlmmml Cost = 29- pestage ~ 5 envelope~ ,.035 copy ~ 5.S label · 35.S3S cents 3S0; 17 notices ~ $6.04 total cost COUNTY ROAD NO. $0'0 ' 18 notices '--' $6.59 tptal cost Bonestroo Rosene Anderlik & Associates Engineers & Architects St. Paul, Minnesota i SCIENCE iNDuSTRY pARK pUaL. iC, WORKS Cost = 29 postage 3 envelope .03S copy 3.5 label 3S..S.3~~- MINN[ APOII. I $ 350 ' 7 notices ---- total cost $2.49 soo' total cost $3.90 CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: Request: 91-15 Request for Ordinances Pertaining to Adult Use Zoning and Adult Use Licensing in New Hope Location: City of New Hope PID No: Zoning: Petitioner: Report Date: Meeting Date: 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, I-2, and I-2 Districts; Regulation of Adult Uses-Principal Within the B-3, B-4, I-1, and I-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, Au Interim Ordinance Prohibiting AH 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. 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 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 case 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. 3. There are two ordinances being suggested to address the issue: an amendment to the zoning ordinance and a licensing requirement similar to business licensing. 4. '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. 5. 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 confh'm that the f'mdings presented in previous reports/studies are applicable in New Hope. The City Attorney recommends that the Commission not make any final 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 "findings of fact' on the need for the ordinance based on the minutes. These f'mdln~s would then be reviewed at the March Planning Comrni~ion 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. 8. 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 OctoOer 15, 1991 Kirk McDonald Management Asst. City of New HoDs 4401Xylon Avenue North New HoPt, MN 55428 RE: Proposed Zoning & Licensing Ordinance Regulating Sexually Oriented Buminesses Our Fi~e No. 99.49017 Dear Kirk: I have now had an opportunity to review the City Planner's August 19, 1991 memo mhd propoeed ordinance in connection with regulation of sexually oriented Oueineeses within the City of New HOpe. [ am in Omeic agreement with the contents of his reporC. The Planner's repor~ provides City officials with some minimum ground work required by the following United Stmtes Supreme Court decisions, Youne v. Am~ric&n Mini Theatres, 96 s.ct. 2440 (1976), and City of Ren[on v, Playtime Themtrea. 106 S.Ct. 925 (1986), to uphold the vmlidi[y of any zoning and/or licensing orOinance we ultimmtely adopt. Z further recommend that both the Planning Commission and City Council be Orovided with copies of ~e following regor[a for their review before any decisions ars made on this topic: (I) Reoor[ Of [he Attorney General's Working Grouo on ~h~ R~eul&&ton of Sexually Oriented Businesses, and (2) The Roqhester/Olmated County Pl&nnine Oeoartmen[ Adult Entsrtainmen~ Research Reoort. A clear understanding of our Plmnner's memo an~ regulations we ultim&tely adopt will be legally enforceable as a oermitted t~me, O~&ce and manner restriction on constitutionally ~rotected free sOeech and exoression. Our decision maker= need to understand that no% ell forms of sexu&11y oriented adult enter%minment falls within the definition Nr. Kirk NcOon&ld October 15, 1991 of obscenitY. While all forms of obscenity are illegal, many forms and expression constitutional protections Simply put, we cannot prohibit protected adult entertainment activity but we can regulate the time, place and manner of such activity ae long as the regulations are "content-neutral" and promote a subs:antra1 governmental interest. An enforceable "content-neutral" time, place and manner regulation would be a zoning restriction distancing sexually oriented Oueiness from residential areas, churches, schools or each other. Zn other words, such regulation does not prohibi~ adult entertainment if it in such is content-neutral, but it would Drevent a business engaged rtainment from locating too close to a church or school, etc. en~e ....... ~ ~- ~ermiseible if a substantial Such a regulation w~,~ ~- ~ . · interest. ction of property values or the prevention of crime are the quality of urban life. Planner's report have established t~at the operation of sexually oriented businesses within a community do precipitate incidence of crime and generate a potential to diminish property values. The reports further suggest that the adoption of "content- neutral" regulations on such uses can minimize these adverse secondary effects. Aea result, such regulations are enforceable if they do not unreasonably limit the establishment of sexually oriented businesses within a community. In other words, zon~ regulations cannot simply be a pretext to completely prohibit establishment of sexually oriented businesses within & community. Therefore, =afore we adopt zoning or licensing regulations control sexually oriented businesses we must accomplish two things 1. Create a Public record documenting our justification regulation is based on factual evidence regulation ia needed to minimize the adverse effects of sexually oriented businesses on the community 2. Establish that the regulation affords sexually orien~e' busifleesee a realonable opportunity to open and operate within the community. Mr. Kirk McDonald October 15, 1991 Page 3 [ would refer you to pages 35-41 of the referenced Attorney General's Report for a morl detailed explana:ion for this recommends:ion. Baticel3y, :o assure :hat our regula:ione are enforceable a public record must be ea:ablished :o prove :hat :he Planning Commission and Ci:y Council mede findings :haC :he adopted regula:ions were required :o combeH :he adverse secondary effec:s of sexually often:ed butineesel. This doe: no~ require New Hope to conduct own independen: study. We can rely on :he experience of othe~ cities Co find :bec adult eh%attainment will cause :heel adverse secondary effec:a. The necessary s:udiee are referenced in Exhibit A of the Planner's Report. However, Chi Council and Planning Commission will need :o be fmniliar wi:h the studies and mueC find they are relevant to :he oircuma:ancee in New Hope. I suggest we assemble :he s:udi®a into · loose leaf notebook and provide eac~ Commission and Council member wi:h a copy. I also recommend we hold a public hearing aC both the Planning Commission and Council level :o :aka public testimony in support or oppose:ion for the pro~oeed regulations. The City Planner should also :eatery a: bot~ public hearings regarding the secondary effec:s and the assemDle~ s:udies should be made a part of the record ae well. By following these procedures we elimine:e the argumen: :haC our regulations are simply · pretext :o ~rohibit sexually orien:ed businesses the City. .. After we have conducted our public hearings and mede appropriate findings :bec Chi regulations are needed :o con:rol :he seconaar¥ effects of adult entertainment, we will be able :o implement t~e ordinances. I would like some fur:her time :o fine tune ordinances propoled by Chi Planner and will submit :o you a revises draft of said ordinancel shortly. Very truly yours, Steven A. $ondra11 s1:3 cc: Denial J. Oonehue A1 Brixiue TO: FROM: DATE: RE: FILE NO: Kirk McDonald Allan Hunting/Alan Brixius 13 November 1991 New Hope - Zoning Ordinance Revision Adult Use 131.00 90.10 Upon review by the City of the Adult Use Ordinance presented, the City, while making its decision on passage of this ordinance, must be provided with the background work which follows the Supreme Court decisions, Younc V. American Mini Theatres. 06 S. Ct. 2440 (1976), and City of Renton v. Playtime Theatres. 106 S. Ct. 925 (1986) which upholds the validity of this zoning and licensing amendment. TW.o documents, Report of Attorney General's Workin~ Group on the Re=ulation of SeXUally Oriented Businesses and the RQchester/Olmsted County Vlanninc Department Adult Entertainment Research Report, both of which have been previously submitted to the City, provide a summary of the studies done by other cities on this subject to determine the negative effecss (if any) caused by sexually oriented businesses. It is frcm these studies that have determined the negative effects these businesses have on the neighborhoods in which they are located and form the basis that cities can regulate the secondary effects of sexually oriented businesses. A s~,~ry of the foundation for the basis of regulating secondary effects are 'formed as the following: a) A considerable number of communities throughout the naticn have studied the impacts which adult entertainments have cn the areas surrounding them. b) These studies have concluded that adult entertainment uses have an adverse impact on the surrounding neighborhoods. 5775 Wayzata Blvcl.. Suite 555 · St. Louis Park, MN 55416, (612) 595-9636-Fax. 595-9837 c) d) e) f) g) h) i) Residential neighborhoods in proximity to adult uses suffer adverse effects including increased crime rates, lowered property values, and increased transiency. Values of both commercial and residential properties are diminished when located in proximity to adult entertainment businesses. The adverse impact on commercial areas is increased by the presence of more than one adult entertainment use in close proximity to another adult entertainment use. The impact which an adult entertainment use has on the surrounding area appears to lessen as the distance from the adult entertainment use increases. Reasonable "time, place and manner" restrictions which address the "secondary" impacts of adult entertainment uses are constitutionally permissible. Any proposed regulation must be essentially "content neutral". The First amendment prohibits regulations which attempt to regulate written or other expressive materials or acts on the basis of their content. Pornographic materials are exempt from the protections of the First Amendment and can be regulated through existing cr pending criminal laws. Since it has been determined that residential areas near adulz uses have higher crime rates and lower property values, this then allows the City to set limits as to the proximity of sexually oriented establishments to residential areas, schools, churches. Regulating distance between adult uses limits the increased crime associated with conglomeration of adult uses. The Supreme Court has ruled that a City must provide a reasonable opportunity area for adult uses to exist. In this regard, 5he City of Renton case established 5 percent of the City ~s adequate. The Supreme Court has also determined that a City need conduct its own investigation of secondary effects, but may rely on the existing studies done by other cities as the basis establishing its own ordinance. It is in this regard that the City Council be provided with copies of the previously mentioned documents =o read and put into the record as the basis for need to regulate the secondary effects of adult use establishments. The City, as part of its findings on the adoption of adult use regulations, must satisfactorily address two issues: Create a public record documenting New Hope's justification for regulation is based on factual evidence that the regulation is needed to minimize the adverse secondary effects of sexually oriented businesses on the community. Establish that the regulation affords sexually oriented businesses a reasonable opportunity to open and operate within the co~L~nity. The study conducted by Northwest Associated Consultants established the opportunity area for adult use principal businesses by providing opportunity in specific zoning districts based on the opportunity area set forth in Renton and providing spacing requirements to regulate the secondary effects. The City will then create a public record to prove that the Planning Co~ission and the City Council made findings that the adopted regulations were required to combat the adverse secondary effects of sexually oriented businesses. pc: Steve Sondrall U R 8 P L A N N G D E S i G N MA R K E R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Allan Hunting/Alan Brixius 19 August 1991 New Hope - Zoning Ordinance Revision - Adult Uses 131.00 - 90.10 BACKGROUND Early during the Summer of 1990, several news stories surfaced Metropolitan Area newspapers which described adult entertainmen% businesses being introduced into communities which were unprepared for such events. Basically, zoning and licensin.~ provisions in these cities were found to be inadequate properly regulate these type of adult activities. So as not encounter similar situations in the New Hope community, the Council directed that appropriate zoning and licensin~ protections be pursued. This report addresses these matters proposed regulations are suggested which will provide controls which are presently lacking. PARAMETERS OF REGULATION Exhibit A of this report contains a detailed listing :~ regional, state, and national studies which have been conduc%e ~ on adult uses and their impact. These studies provide a bast3 for actions which the City of New Hope can take in the regulaul-' of such matters. In summary, these background resources ha'.':- established the following: 1. Activities defined as adult uses are protected by Fir~' Amendment to the United States Constitution. 2. A community must provide reasonable opportunity for adu[' uses to exist. The Renton, Washington Supreme Court ca3 provides a primary guideline in this regard. 5775 Wayzata Blvd.. Suite 555 · St. Louis Park, MN 55416 · (612) 595-9636'Fax. 595-9837 Adult uses may produce a secondary impact c~r effect which i~ judged as negative to the health, sa].ety, and general welfare of the community and as a result, these serondary impacts or effects can be controlled. A community, due to the secondary ~mpact of adult u? ~s, can regulate such activities and restrict their proximity ~ sensitive activity sites which are typically oriented toward minors. Due also to secondary impacts, a community can maintain the separation of adult uses from one another. A community has the right to police adult uses to insure they are operating in a fashion where the secondary £mpac%s or effects are mitigated to the extent possible. Based upon these findings and conclusions from the aforementioned studies, an analysis and application of controls has been formulated for the City of New Hope. ZONING CONTROLS Definition and General ProviSions: In organizing land use regulations within the bounds allowed law, there is a need to define the topic which is bein~ addressed. Pages 1 through 5 of Exhibit B of this re~c~~ provides .such a reference. This material is founded previously established regulations, a primary source being City of St. Paul. The proposed definition section of the Ordinance does, howevers, take a somewhat unique a~.proach in fha- principal and accessOry adult uses are distinguished differing types of activities. This also sets the format subsequent zoning as well as licensing approaches. The definition section is intended only to £dentify the types activities being addressed. It' does not by design provLie regulatory controls. A General Prov£sions section text amendme~' is proposed to provide the first element of the use directives. These provisions are applicable to all adult uses regardless the specific district in which they are located. This materi~ is cited in Exhibit B, beginning on page 5, and shoul~i referenced for specific details. Of note is the fact that £% this section which establishes separation limits between adu'' uses as well as between adult uses and other uses where secondar'. effects cause concern for compatibility. District Text Application: So as to provide required opportunities for adult uses to exist within the City of New Hope in an area isolated from areas where minors may assemble, an analysis of the existing City of New Hope Zoning Ordinance text and map was conducted. It was determined that the I-l, Limited Industrial District and the I-2, General Industrial District provided the most appropriate zones to accommodate adult uses classified as principal activity. Only amendments to the I-1 and I-2 text are therefore proposed to accommodate adult uses-principal. The present Business Districts were also evaluated as a possible means to provide opportunity for adult uses. The utilization of the business zones neighborhood type commercial uses, as well as their locations throughout the community, reduces the desirability as well as applicability of these zones ~cr accommodating adult uses which are classified as principal use. As a result, adult uses within the business zoning districts are suggested to be only the accessory type. Opportunity Analysis~ Having once defined the zones in which adult uses may be suited and subsequently, having established their geographic applLcation, an investigation can be conducted as to the area and opportunity provided for adult uses. This in essence is a test to determine whether the Supreme Court guidelines for necessary opportunity is being provided. The City of Renton, Washington Supreme Court case defined the provision of 5 percent of the City's area as adequate opportunity for adult uses within uhe community. Moreover, this provides the basis of evaluation for the separation provisions which are outlined in the provisions for adult uses contained:, in Exhibit B. To reiterate, these separation concerns are only appli~'able to adult uses classified as principal uses. Table 1 which follows provides an initial basis for determining adult use-principal opportunity within the City of New Hope. Pursuant to concepts previously stated, the I-]. and ~-£ Districts have been first evaluated as to area as related to the balance of the City, and secondly the allowed opportunity area as rela~ed to the size of I-1 and I-2 zoned property. 3 TABLE 1 CITY OF NEW HOPE PROPOSED ZONING DISTRICTS ALLOWING ADULT USE-PRINCIPAL Total ---Acres--- Percent of Acres I-i + I-2 = Total City City Wide 3144.63 609.65 145.66 755.31 24 In general terms, the I-1 and I-2 D£st~ict areas provide adequate potential for adult uses. This opi~£on is based upon a comparison to the U.S. Supreme Court Guidelines provided by the Renton, Washington Case. In this case, the Supreme Court upheld an Ordinance which provided five percent or more of the City's total land area for potential adult use-principal. The General Provisions of the proposed Zoning Ordinance text amendment which is contained in Exhibit B do, however, provide limitations on adult uses being located in ~ roximity to one another as well as between adult uses and activities judged as sensitive to the Secondary effects of adult use operations. The maps contained in Exhibits C and D identify adult use opportunity areas with the restricted distance from residentially zoned areas and protected uses. This separation factor is considered to be the fundamental parameter defining the adult use opportunity within New Hope. Exhibit C also illustrates the analysis performed on evaluating the separation distancing. For the sake of evaluation, distances of 300 feet and 500 feet were considered. Carrying the analysis one step further, only those lots which are entirely within the opportunity area were included, This analysis has eliminated any area within the I-2 zone,, leaving only the I-1 District available. Table 2 which follows outlines the basic opportunity land available for adult uses and calculations of this land in relationship to the City as a whole. 300 fee~ 500 feet TABLE 2 PROPOSED ZONING DISTRICTS ALLOWING ADULT USE-PRINCIPAL "OPPORTUNITY AREA CALCULATIONS" Acres ......... Zoninq District Percent of City 145.20 112.40 4.6 3.6 From an analysis of information provided bY the map in Exhibi~ C and Table 2, it has been concluded that the separation of 300 feet is the minimum distance judged acceptable. While a distance of 300 feet provides a degree of protection, an even larger separation would probably be preferred. Going beyond 300 feet, however, is seen as potentially jeopardizing what would possibl? be viewed as an acceptable location or sufficiently sized opportunity area (greater than five percent as identified in %he Renton, Washington case). The 300 foot spacing is'therefore recommended as a compromise which balances all factors to be considered. The City's decision makers should carefully review this information in resolving the spacing factors to be included in the final enacted Zoning Ordinance. LICENSING A final mechanism available to the City of New Hope which w[li assist in assuring adult uses are properly operated is licensing of such establishments. The primary concerns in this regard are restricted access to minors, the character of the buSiness operators and the prevention of criminal activities. In response to these concerns, a draft licensing section has been prepare, . The content of this section is intended to focus upon assuri:~.U proper adult use operation. These licensing provisions are in Exhibit E of this report and ag~i.n require detailed review by the City Attorney and City Officials. Exhibit E also ~ontains proposed license application form. CONCLUSION Based upon the background study conducted of adult uses in the City, State and from throughout the nation, there is an ev£denz need to regulate the secondary effects of activities classifie~i as adult uses. Applying these needs as well as the legal limitations of control to the City of New Hope has produce': several code amendment proposals which are intended to provid~ the community with the ability to maintain land use harmony a~ protect the general health, safety and welfare of the community. As City officials review and explore these matters in detail, c.. office is available to assist as needed. Beyond the genera context of the subject and regulations proposed, specific poli~ issues related to the following matters need to be discussed a~' . resolved: 1. Accessory Uses. Should they be controlled to the exten' suggested? Are there other uses and/or areas which require protection from secondary effects? Is the separation distance recommended seen as adequate? Is the licensing necessary for adult uses: a. Principal? b. Accessory? cc: Dan Donahue Steve Sol~drall Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 91-33 Request for Consideration of an Ordinance Amending the New Hope Zoning Code by Adding Section 4.1254(8) Establishing a Conditional Use Permit Procedure Allowing Outdoor Dining Facilities City of New Hope February 28, 1992 March 4, 1992 BACKGROUND City staff is requesting consideration of an ordinance to amend the New Hope Zoning Code by adding Section 4.125(8) establishing a Conditional Use Permit procedure allowing outdoor dining facilities at restaurants and fast food establishments. Over the past several summers, particularly the summer of 1991, a number of convenience food establishments began placing tables outside their establishments so that customers would have the option of dining outdoors. This practice is taking place at several of the major commercial shopping centers in New Hope (Midland Shopping Center, City Center, and Winnetka Commons), all of which are located in the B-4 Community Business District, and is often seen in surrounding communities. City staff requested that the Planning Consultant research this issue and prepare a report as to whether this practice should be regulated by the City or not, and if so, what type of regulations would be appropriate. The current Zoning Ordinance allows restaurants as a permitted use, and drive-in and convenience food establishments as a conditional use within the B-3 and B-4 Districts. However, neither of these uses identifies outdoor dining as being allowed. Furthermore, outdoor sales, which may possibly include outdoor dining, is allowed as a conditional accessory use within the B-3 Zoning District, however, not within the B-4 Zoning District. Based on these considerations, the current ordinance does not provide for outdoor dining in the B-4 Zoning District at the present time. The Planner identified three issues that needed to be examined: A. Existine Land Use Situation The appropriateness of outdoor dining must be considered in the context of the existing land use situation, and the zoning district(s) intent. In light of the fact that the current requests for outdoor dining pertain to existing businesses in existing shopping centers, the feasibility of outdoor dining must be considered for these specific areas. These shopping centers were not originally designed to accommo- date outdoor dining or storage. As a result, the sidewalks in front of the premises are generally narrow. Therefore, depending on the specific location of the outdoor dining, there may not be adequate space to provide the desired seating area. Planning Case Report 92-33 March 4, 1992 Page -2- B. Parking_ Provisions Equity in parking provisions must be considered with regards to existing operations. Although not expanding the size of their structure, these businesses are expanding their operations. The existing shopping center parking lots do not account for this expansion. Ensuring the provision of adequate space and parking, are issues which must be considered in determining the appropriateness of this request. C. Zoning District Provisions Based on the zoning district purpose statements, it appears that outdoor dining areas would be generally consistent with the B-3 and B-4 Zoning Districts. However, in order for outdoor dining to function in a manner which is compatible with the restaurant and the surrounding facility, a number of factors must be sufficiently addressed. These factors include the type of outdoor service provided, the size of the dining area, a sanitary dining environment, screening, lighting, surfacing, pedestrian circulation, and refuse. Taking the above issues into consideration, the City needs to make a policy decision as to whether or not these outdoor dining activities are appropriate as an accessory use they are an to ensure within the B-3 and/or the B-4 Zoning Districts. If the City determines appropriate accessory use, the following factors should be considered compatibility with surround uses and high quality performance: Ao Bo Co T__vpe of Service The area may consist of Self-seating tables where patrons order and pick up food inside the building, or the outdoor dining may be an extension of a more formal restaurant which would provide table waiting service for the outdoor area. The applicant must identify the type of service provided in order for it to be properly evaluated. Area Size The size of the dining area is also of concern. If the intent is that the outdoor dining is an accessory use on a site, the area should be smaller than the area provided within the principal structure. Compatibility_ In order for the outdoor dining to be compatible with the surrounding neighborhood, its potential effects must also be addressed. Outdoor dining should be screened from adjacent residential uses, and fighting which is provided must be hooded and directed away from public right-of-way and neighboring residences. Frequently, outdoor dining in shopping centers occurs along the sidewalk in front of the principal use. The applicant must demonstrate through a site plan and/or other information, that the outdoor dining will not disrupt pedestrian circulation along the sidewalk, nor does it block access to any building entrance. Planning Case Report 92-33 March 4, 1992 Page -3- o D. Surfacing The surfacing of the dining area must be level and of a material which is designed to accommodate heavy foot traffic, tables, and chairs, and also be a material which can be cleaned easily and provides adequate drainage. E. Dining Area Design The layout of the dining area must provide ample room for movement of people. F. Parking Parking requirements for the use must be adjusted to account for the additional seating. G. Refuse If the outdoor dining area is a self-service establishment, the applicant must demonstrate the provision of refuse containers to service the outdoor area. The Codes & Standards Committee has met on several occasions to discuss this matter and recommended that outdoor dining be provided for and regulated by the New Hope City Code. An ordinance has been drafted and revised several times to address the concerns of the Committee. The Committee, Planner, and staff are now recommending that the full Commission consider the adoption of the enclosed ordinance to regulate outdoor dining. A general City public notice was published for this ordinance amending the New Hope Code and all restaurants, convenience food establishments, and shopping center owners were directly mailed a copy of the notice and proposed ordinance and were invited to this meeting for input. ANALYSIS Although the current Ordinance does not address outdoor dining, it does address outdoor sales. Many of the provisions regarding sales are applicable to outdoor storage, however, additional items such as access, circulation, and refuse must also be addressed. The Planner recommended that, if deemed appropriate, outdoor dining be allowed as a conditional accessory use to restaurants and convenience food establishments in the B-3 and B-4 Zoning Districts, provided that specific conditions be addressed/met. These conditions, listed below, have been incorporated into the ordinance amendment to allow outdoor dining as a conditional accessory use: A. The applicant be required to submit a site plan and other pertinent information demonstrating the locations, and type of all tables, refuse receptacles, and wait stations. B. Access to the dining area be provided only via the principal building if the dining area is a full service restaurant, including table waiting service. Planning Case Report 92-33 March 4, 1992 Page -4- Co De Fe The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. The dining area is screened from view from adjacent residential uses in accordance with City Code. All lighting be hooded and directed away from adjacent residential uses in accordance with City Code. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: (1) Outdoor dining area shall be segregated from through-pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. (2) Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. (3) Overstory canopy of trees, umbrellas, or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean attractive, and functional surface. A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining area. Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition or this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the site plan application. No outside bar or cooking facility shall be established, only walt stations shall be allowed. Additional off-street parking shall be required pursuant to the requirements set forth in the City Code based on the additional seating area provided by the outdoor dining area. Refuse containe are provided for self-service outdoor dining area. Such containers shall ~e placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. Planning Case Report 92-33 March 4, 1992 Page -5- o o o N. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein, and in addition: (1) Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/prop.ny. (2) Any permanent structures, including divider walls, trellis work, etc., be included as part of the building upon which they are located and are subject to the building height limitations as specified in the City Code. (3) The submitted plans for a rooftop dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons and equipment. The Planner prepared a separate report and study to determine if sufficient parking existed at shopping centers/restaurants to allow for outdoor dining areas and to determine if there is sufficient area on shopping center sidewalks to accommodate outdoor dining. The Planner has determined that all of the shopping centers/malls parking supply is in excess of City Code requirements except the New Hope Mall and that outdoor dining may be acceptable at all centers except for the New Hope Mall. The Planner has determined that the sidewalk width is sufficient at all centers except Post Haste to allow for some type of outdoor dining. It is recommended that the shopping centers provide a specific area for outdoor dining where possible and avoid scattering the areas along the sidewalk which may unduly disrupt pedestrian traffic. Consolidating the dining area is similar to the food court concept used in enclosed malls. All dining and seating are provided in one location, providing easy access for the patrons and avoid disrupting traffic flows in the mall. The Planner further recommends that the shopping center owners should be required, through the PUD process, to designate the location and amount of outdoor dining allowed so the center is in charge of determining which areas of sidewalk, and which restaurants may be the most appropriate for this use. The ordinance is drafted so that shopping centers would apply for a conditional use amendment to their existing PUD to allow outdoor dining (each individual restaurant would not need to apply on their own). Free-standing establishments with existing, approved, outdoor permanent dining would not be required to apply for another CUP. Free-standing restaurants that do not have existing outdoor dining would need to make a CUP application if they desire outdoor/rooftop dining in the future. The ordinance is an attempt to address the outdoor dining issue in a reasonable manner so that there is some regulation by the City of this activity. Planning Case Report 92-33 March 4, 1992 Page -6- RECOMMENDATION Pending the input received from restaurant and convenience/fast food operators/owners, staff and Codes & Standards is recommending approval of the Ordinance Amending the New Hope Zoning Code by Establishing Regulations for Outdoor Dining Facilities at Restaurants and Fast Food Establishments. Attachments: Public Notice Letter to Restaurant/Convenience Food Establishments December 18th Attorney Letter with Ordinance November 22nd Planner's Report -Outdoor Dining Study October 16th Attorney's Letter October 3rd Planner's Memo September 10th Planner's Report NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY ESTABLISHING REGULATIONS FOR OUTDOORDINING FACILITIES AT RESTAURANTS AND FAST FOOD ESTABLISHMENTS city of New Hope, Minnesota Notice is hereby given that the regular meeting date for the New Hope Planning Commission of the City of New Hope, Minnesota, conflicts with the Precinct Caucus, therefore the New Hope Planning Commission will meet on the 4th day of March, 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 effect of amending establishing regulations for outdoor dining facilities at restaurants and fast food establishments within the City. Ail persons interesed are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Dated the 19th day of February, 1992. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Post News on the 26th day of February, 1992) 4401 Xylon Avenue North New Hope. Minnesota 55428 Phone: 531-5100 FAX ,6~£ 53' 5'-- February 27, 1992 Addressee (List attached) Subject: PROPOSED ORDINANCE AMENDING NEW HOPE ZONING CODE BY ESTABLISHING REGULATIONS FOR OUTDOOR DINING FACILITIES AT RESTAURANTS AND FAST FOOD ESTABLISHMENTS Dear Fast Food Licensee/Shopping Center Owner: This letter and the enclosed notice and proposed ordinance is intended to nofity you that the New Hope Planning Commission will consider an amendment to the Zoning Code by Establishing Regulations for Outdoor Dining Facilities At Restaurants and Fast Food Establishments at the Wednesday, March 4th Planning Commission meeting which begins at 7:00 p.m. at the New Hope City Hall. Outdoor dining is currently not permitted by the New Hope City Code and this ordinance amendment would estblish guidelines to permit and regulate the use, if adopted by the Commission and City Council. The City is directly contacting all restaurants, fast food estblishments, and-shopping center owners to notify them of this amendment to invite .input at the public hearing. Please contact me if you have any comments or questions. Sincerely, Kirk McDonald Management Assistant/Community Development Coordinator z,Q~/lb Enclosure: Notice/Proposed Ordinance Amendment cc: Dan Donahue, City Manager Doug Sandstad, Building Official Planning Commission Members RESTAURANTS/FAST FOOD ESTABLISHMENTS Applebee's - Gofer Bagels, Inc. - Broadway Pizza - Gung Ho - Country Kitchen - Domino's Pizza - Domino's Pizza - Frankies To Go - Cinema 'n' Drafthouse- Hardee's - K-Mart - Little Ceasar's #200- New Hope Bowl - Zappy's - Ole Piper Inn - Ponderosa Steakhouse- Port Arthur - Sunshine Factory - Circus - Taco Bell - Winnetka Super Valu - Kinhdo Restaurant - Subway/Taco Johns - McDonald's Rest. - Woody's of New Hope - Pizza Hut - Papa's Cafe - Bosa Donuts - T.C.B.Y. - 4203 Winnetka Avenue North 3558 Winnetka Avenue North 7117 42nd Avenue North 3542 Winnetka Avenue North 7849 42nd Avenue North 2757 Winnetka Avenue North 7841 62nd Avenue North 3556 Winnetka Avenue North 2749 Winnetka Avenue North 4210 Winnetka Avenue North 4300 Xylon Avenue North 4229 Winnetka Avenue North 7107 42nd Avenue North 4335 Winnetka Avenue North 9420 36th Avenue North 7112 Bass Lake Road 7858 42nd Avenue North 7600 42nd Avenue North 4411 Winnetka Avenue North 7100 Bass Lake Road 4471 Winnetka Avenue North 2709 Winnetka Avenue North 4219 Winnetka Avenue North 4201 Winnetka Avenue North 7912 27th Avenue North 7500 Bass Lake Road 7181 42nd Avenue North 5550 Winnetka Avenue North 4231 Winnetka Avenue North SHOPPING CENTER OWNERS New Hope Mall - 4301 Winnetka Health Spa/Mall - 4203 Winnetka K-Mart - 4300 Xylon Post Haste 9416 36th Av. Winnetka Com~ons- 3520 Winnetka Midland Center - 2703 Winnetka Winnetka Associates Park-Place West Office Center 6465 Wayzata Boulevard, Suite 750 Minneapolis, MN New Hope/US Swim Partnership Attn: Peter J. Obernessor 20 Boulder Crescent #C Colorado Springs, CO O'Fallon Associates K-Mart Corporation 3100 West Big Beaver Road Troy, MI Post Haste Square Partnership PDQ Food Stores, Inc. Attn: Susan Grimes P.O. Box 997 Middelton, WI Winnetka Commons Limited Partnership Attn: Richard Curry 9000 Old Cedar Ay. Bloomngton, MN Lloyd Engelsma 523 South 8th St. Minneapolis, MN CORR[CK & SONDRALL Ed~bur~,h BxecuUve Office Plaza 8525 Edtnbmok Suite #2O3 Brooklyn Park. Minnesota 55443 December 18, 1991 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Outdoor Dining Ordinance Our File No. 99.40044 Dear Kirk: In follow up to the December 17th, 1991 Codes and Standafzs Committee meeting, please find enc]osed a revised Outdoor Ordinance. The following changes were made to the Ordinance resulting from discussions at the Codes and Standards meeting- Subdivision (h) is amended to provide a 35 inch wa!~-¢= aisle. The previous ordinance provided for a 42 '~c~ aisle. Subdivision (o)(i) was amended to provide a 42 perimeter fencing for rooftop dining facilities. previous height requirement was 35 inches. My indicated the Codes and Standards Committee wanted foot high fence instead of a 3 foot high fence arc.nc perimeter of any rooftop dining facilities. Subdivision (j) was amended to prohibit all storage furniture on the public sidewalks between NovemDer and March 31st. However, a sentence was added to excl.Jce from this prohibition furniture that is either immovable or permanently fixed or attached to the sidewalk. also requires that if an applicant is intending to immovable furniture, the use of said furniture ~us% Mr. Kirk McDonald December 18, 1991 Page 2 approved through the site plan application procesS. As a result, I also amended paragraph (a) by requiring the applicant to disclose the type of furniture to be used in the outdoor dining area. Because of the amendment to subdivision (j), subdivision (i) has no purpose and as a result can be deleted From the proposed ordinance. Please review and let me know if these changes properly reflect t~e recommendations that were made at the December 17th Codes aha Standards meeting, Very truly yours, Steven A. $ondrall slw2 Enclosure cc: A1Brixius (w/eric) In the final version that goes to Council, I will change the lettering system to reflect the removal of subdivision (~). It is left in at this time simply to show the amendment. ORDINANCE NO. 91- AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ADDING SECTION 4.125 (8) ESTABLISHING A CONDITIONAL USE PERMIT PROCEDURE ALLOWING OUTDOOR DINING FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4.125 "Conditional Accessory Use, S-3" cF the New Hope City Code is hereby amended by adding suPsection (8) to read as follows: (8) Outdoor Dining, .Accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a conditional use permit subject to the following conditions: (a) The applicant be required to submit a site plan anQ other pertinent information demonstrating the location and tYPe of all tables, refuse receptacles, and wait stations. (b) (c) Access to the dining area be provided only via the principal building if the dining area is a full service restaurant, including table waiting service. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. (d) The dining area is screened from view from adjacent ~esidential uses in accordance with Section 4.033(3)(b) of this Code. (~-)-' All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(.5) of this Code. (f) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: (i) Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. (ii) Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) feet without interference from parkeO motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. (iii) Overs=pry canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. (g) The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, attractive, and functional surface. (h) A minimum width of~--~", %w-v (~) thirty-six (36) inches shall be provided within aisles of the outdoor dining area. (i) (j) Ne Storage of furniture shall not be permitted cn the sidewalk between November 1 and March 31. e~ C ..... r ..... , .... Sidewalk furniture that ~s immovable Qr permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attacheO furniture must be apgroved as part of the site plan ag~licaDion provided for by §&.125(8)(a) of this Code. (k) No outside bar or cooking facility shall be established, only wait stations shall be allowed. (1) (m) Additional off-street parking shall be reouireO pursuant to the requirements set forth in §4.036 of this Code based on the additional seating area provided by the outdoor dining area. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. (n) (o) The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: (i) Provide permanent walls of fencing around the periphery of the dining area at a minimum height of ~6 4~2 inches to ensure the safety of persons/property. (ii) Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in Section 4.033(1) of this Code. (iii) The submitted plans for a roof top dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons ant equipment. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 1991. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Post the , 1991.) day of R 8 & p I. A N G 0 E $ ; · M A R K E R E S E ,~ R ~ H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Allan Hunting/Bob Kirmis/Alan Brixius 22 November 1991 New Hope - Outdoor Dining Study 131.00 91.12 BACKGROUND Upon review by Codes and Standards, a number of issues were raised regarding the possibility of allowing outdoor dininq az shopping centers and freestanding restaurants. Three questions were raised and needed to be addressed. These questions are: Does sufficient parking exist at the shopping centers restaurants to allow for the expanded outdoor dining areas? Is there sufficient area on the shopping center sidewalks to accommodate outdoor dining? How should the dining area and surplus parking be divided among the restaurants in the shopping centers? In response Do these questions, our office has conducted a of shopping centers and freestanding restaurants to determine feasibility of allowing outdoor dining at these exisz:n~ locations_ This study focuses on the City's major shopping centers, but includes other freestanding restaurants and their site loca~i~n potential for outdoor dining. The shopping centers included in the study are: 2. 3. 4. 5. Winnetka Commons Midland Center New Hope Mall Winnetka Shopping Center Post Has~e Square 5775 Wayzata Blvd.· Suite 555 .St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 Attached for ,reference: Exhibit I - study Area Exhibit 2 - Taco Johns, Subway 'Exhibit 3 - Bruegger's, Frankie's Exhibit 4 - Gung Ho Exhibit 5 - Kinh Do Exhibit 6 - Circus Exhibit 7 - Ole Piper Inn Exhibit 8 - Country Kitchen, Port Arthur Exhibit 9 - McDonalds, Vacant Building Exhibit 10- Taco Bell, Ponderosa Exhibit 11- Hardee's Exhibit 12- Full Service Restaurant Outdoor Dining Layout Exhibit 13- Self Service Restaurant Outdoor Dining Layout PARKING In considering the acceptability of a request for outdoor dining, a paramount consideration is that of off-street parking. Regardless of the outdoor dining facility's location (within a shopping center or otherwise), the allowance of outdoor dining is to be treated as a building expansion comparable to the area consumed by the dining activities. In regard to outdoor dining facilities which are within shopping centers, off-street parking demands differ depending upon 5he type of dining (i.e., fast food versus full service). Fast food establishments within a center scenario typically have a high turnover and a clientele which likely may frequent other center establishments. The parking turnover rates for fast fccd establishments slows down with the introduction of avaiiabili~y of seating and in placing dining facilities. Full service 'establishments on the other hand, typically fulfill an entertainment role and ar~ frequented solely for dinin~ purposes. Full service restaurants have a significantly lower turnover-r~%ae than self service restaurants. Under the premise that outdoor dining is an expansion of usable floor area, a restaurant's parking requirements should reflec~ this increase. Since shopping center standards are not based on specific uses, adding outdoor dining should be treated as a floor area expansion of the shopping center facility. Consequently, a parking calculation should encompass the entire shopping center area (including outdoor dining) and appl'- 5he applicable shopping center standard. 2 Thus, outdoor dining should only be allowed to the extent ~ha~ shopping center's off-street parking supply may accommodate proposed increase in shopping center area. If a shopping c=n~=~.. demonstrated a parking deficit, an obvious signal is brouph~ forth that the" outdoor dining facility should likely be prohibited. Freestanding restaurants seeking outdoor dining on the other ha~d should be reviewed as an expansion to the dining area and where outdoor dining is allowed, parking must be expanded zo accommodate the additional dining area. According t° the New Hope Zoning Ordinance, the following parkin{ requirements currently apply to shopping centers: 0-20,000 square feet of building area thousand square feet. ten spaces per one 2. 20,000-30,000 square feet of building area eight spaces per one thousand square feet. 3. 30,000 square feet and over of building area six spaces per one thousand square feet. The following table provides a list of the malls included in the study, the size of the mall, the required parking and supplied parking: Total Required Supplied Surplus/ M~tl Size Parking Parking Deficit Winnetka Commons New Hope Mall Midland Center Winnetka Shopping Center Post Haste Square 42,554 230 246 + 16 91,800 495 450 45 70,502 380 474 + 94 92,630 500 514 + !4 22,000 158 164 + 6 As can be seen from the above table, all of the mall's parking is in excess of requirements except the New Hope Mail. which has_a_deficit of 45 parking spaces. The following parking requirements service and full service restaurants: currently apply to self Self Service Establishments - one space for each 15 sqzare feet of seating area. Full Service Restaurant - one space for each 40 square of seating area. Any freestanding full service restaurant or self service establishment wishing to provide outdoor dining shall be required to apply for a conditional use permit and conform to all requirements. In order to determine whether New Hope's parking standards adequately address shopping center parking, a comparison was conducted between New Hope's requirements and parking requirements set forth in the Institute of Transportaticn Engineers Parking Generation and APA's Off-Street Parking Reouirements Study. Some standards noted in the APA report include: Five spaces for each 1,000 square feet of leasable area (Savanna, GA). Five and one-half spaces per each 1,000 square feet of gross leasable floor area (Albemarle Co, VA). Between 15,000 and 4,000,000 net square feet; four spaces per 1,000 square feet. The ITE Parking Demand Summary identifies at peak Saturday hours, for shopping centers of 50,000 to 99,000 square feet, the peak parking demand is 5.4 spaces per 1,000 square feet. The City's current parking standards for shopping centers are consistenz with other national parking standards. Parking demand figures are generally developed using the highes5 peak parking demand possible. This highest demand time fcr retail shopping center~' is typically between Thanksgiving and Christmas. The City's current standards are based on the same philosophy. Based upon observations of peak parking of a shopping cen~er during S~Ler and existing parking standards, outdoor dining may be acceptable at all shopping centers except for the New Hc~e Mall, which experiences some daily peak over-parking demand. OUTDOOR DI~ AR~A According to a proposed Ordinance amendment relating to ou~dccr dining, a minimum passage of five (5) feet must be provided for pedestrians along the perimeter of outdoor dining areas. As such, outdoor dining may be provided only if at least a minimum five foot width of sidewalk is retained for pedestrian circulation. As a means of determining how much sidewalk area (in widtki ls required to accommodate both the outdoor dining activity and pedestrian circulation, an investigation of typical width allotments for outdoor dining facilities has been conducted. In many of the shopping malls under study, the parking lot layou5 is such that automobiles park perpendicular to the sidewalk. As such, additional sidewalk area must be allotted to account for the overhang of the parked car (typically two feet). The usable sidewalk area of the shopping centers must account for ~his automobile overhang. Utilizing standard two and four person table sizes, as presenzed in Architectural Graphic Standards (Ramsey and Sleeper, 1970), the following minimum sidewalk widths should be considered for full service and self service outdoor dining establishments (see Exhibits !2 and 13 for graphic depiction). Automobile Overhang FU~.n SERVICE SELF SERVICE RESTAURANT RESTAURANT Two Four Two Four Person Person Person Person Table Table Table Table 2' -0" 2 ' -0" 2' -0" 2 ' -0" Minimum Pedestrian Passage 5 ' -0" 5' -0" 5 ' -0" 5 ' -0" Table 2'-1" 5'-9" 2'-i" 5'-9" Service Aisle 3'-0" 3'-0" ...... Total Width Required* 12'-1" 15'-9" 9'-1" 12'-9" * Totals~lm~not include allowance for planters, etc. Exhibit 12 illustrates a design possibly for the dining area layout of a full service restaurant. The illustrated service aisle is necessary to accommodate patron access to and from the restaurant. It is the opinion of our office that a 42 inch aisle requirement, as in a draft ordinance amendment, is wider than necessary. A service aisle of 36 inches is more than adequate width. Tables could certainly be up against the building with the service aisle paralleling the pedestrian walkway. This graphic shows a need for a sidewalk width ranging from 12 feet to 15 feet, nine inches for a full service restaurant. Exhibit 13 illustrates a design for fast food outdoor dining. Since the food service is all inside and the patron carries his own food outside; we did not feel that a service aisle is necessary. There is still adequate width in the pedestrian walkway to allow a patron to access a table. This graphic shows a need for a sidewalk width ranging from nine feet to 12 feet, nine inches for a fast food restaurant. ~ Our office recommends that the required service aisle width be reduced to 36 inches and that the need for the aisle itself be reviewed based on the nature of the business and that it not be required for all circumstances. A detailed application of the aforementioned dimensional standards has been applied to the City's shopping centers ~o determine the adequacy of their sidewalk widths. SHOPPING tu~vr~DISTHIBUTION As applications come in for outdoor dining, the issue of how =o equitably divide up any surplus parking for outdoor dining should be a function of the shopping centers themselves. This function should include allocation of existing parking and dining areas =o the individual restaurants located in each shopping center or to identify one location which will serve as the outdoor dining area for some or all of the restaurants. By requiring the shopping centers' owners to identify outdoor dining area, the City is involved then only in the physical characteristics of the si~e and buildings and does not control tenant mix within the shopping centers and therefore,~' should not be involved with distribution of parking and dining areas. Amendments to the existing PUDs would help to accomplish this task in existing shopping centers. The shopping center owner shall identify in the PUD amendment actual sites for outdoor dining and the allocation of the surplus parking to the outdoor dining areas. The City will then be involved in monitorin? compliance with the proposed outdoor dining ordinance and review of the g-n-~al layout of each site. Our office recommends that the shopping center provide a specific area for outdoor dining where possible and avoid scattering the areas along the sidewalk which may unduly disrupt pedestrian traffic. Consolidating the dining areas is similar to the food court concept used in enclosed malls. All dining and seating are provided in one location, providing easy access for the patrons and avoids disrupting traffic flows in the mall. 6 Outdoor dining at freestanding restaurants would be reviewed through the CUP process for conformance with the outdoor dinln~ ordinance. The site is to be reviewed for such items as adequate parking, sufficient and safe outdoor area away from parking, and not.separated by a drive lane. Mall Studies New Hope Mall (KxhibiD 2). The New Hope Mall currently conzains three restaurant facilities Taco Johns, Subway, and App!ebees. The mall is provided a ten foot wide sidewalk around the building's perimeter. Based on the previous outdoor dining area discussion, the mall sidewalk may only accommodate 'self service restaurants with two person tables. Consequently both Taco Johns and Subway would be allowed outdoor dining activities, while the Applebees restaurant would not be allowed outdoor dining under existing physical conditions. Although sufficient sidewalk area may exist to accommodate limited outdoor dining, the mall's existing parking shortage may present limitations upon any proposed restaurant expansions. Winnetka C~mnons (Exhibits 3 and 4). The Winnetka Commcns shopping center also contains three restaurant type uses- Bruegger's Bakery, Frankie's and Gung Ho. The shopping cen~er exhibits a 12 foot sidewalk along the entire mall frontage, iu should be noted, however, that a planter box located in frcnu cf the Gung Ho restaurant limits its adjacent sidewalk width uc seven feet. Based on a strict interpretation of the ouzdccr dining area requirements, ample area exists to conduct outdoor dining (self service/two person tables) for Bruegger's Bakery and Frankie's. The Gung Ho restaurant does not have sufficienu adjacent sidewalk width to conduct outdoor dining activities. Winnetka Commons has sufficient parking to accommodate exisu~nr mall uses. There also appears to be an adequate parking suppi>. to accommodate outdoor dining. Midland ShoDDin~ Center (Exhibi~ ~), The Midland Shopping Cen%er contains only one restaurant facility in the Kinh Do restaurant. The said restaurant is fronted by 25 feet of sidewalk width ani thus, may 5e allowed full service outdoor dining with two or lc'ar person tables. The Midland Shopping Center currently supplies sufficient parking supply for the entire mall demand. It appears the existing parking is sufficient ~ handle outdoor dining. Winnetka ShoDDinq Center (Exhibit 6), The Winnetka Shopping Center includes two restaurant facilities Circus and Zappy's Pizza. The mall holds a 15 foot sidewalk and thus, may accommodate all self service outdoor dining activities and full service act~ ~ities for two person tables. The Winnetka Shopping Center provides sufficient parking for the mail uses and can adequately accommodate outdoor dining. Post Haste Scuare (Exhibit 7). The Post Haste Square, which contains the Ole Piper Inn, is an older mall with only nine fooc sidewalks. These sidewalk widths would not provide sufficient width for seating. Thus, any outdoor dining should be discouraged'at this facility. ~ Freestanding Restaurants A survey of the existing freestanding restaurants was conducted to determine the potential for outdoor dining at each of these locations. McDonald (Exhibit 9). The McDonalds restaurant is located ac the corner of 42nd Avenue and Winnetka Boulevard in the New Hope Mall parking lot. The existing site layout does not lend itself to any outdoor dining. There is no large vacant area adjacent =o the building. Vat, nD B~{ldfn~ (~xhibit 9). There is a vacant fast fccd building located in the Midland Center parking lot. The layout of this area also does not provide any area for outdoor dining. Hardee's (Exhibit 11)~--. Located across from the New Hope Mall, this restaurant has existing outdoor dining. C~,~trW ~ftchen (Exhibit 8). Located on 42nd Avenue, it has a large green space in the front yard which could accommodate outdoor dining. ~ort AreM,,~ (~h~hft 8). Located across from Country Kitchen, also has a large front yard which could accommodate outdccr dining. T~co B~ll (~xhibit 10). Located on Bass Lake Road near Marylanh Avenue, it currently has outdoor dining tables in front of restaurant. p~n~rosa (Exhibit 10). Located adjacent to Taco Bell, ~he restaurant appears to have some limited space for outdoor dining. 8 In review, our office feels the concerns facing each shopping center in regards to outdoor dining include adequate existing parking, sufficient sidewalk space, and an equitable review process for each restaurant to have outdoor dining should they so choose. Based upon the preceding review, all of the shopping centers appear to have enough parking to allow for outdoor dining except for the New Hope Mall which is under supplied. The added demand for parking may not be appropriate for this mall. Sidewalk width is sufficient at all shopping centers except Pcsz Haste to allow for some type of outdoor dining. The shopping center owners should be required, through the PUD process, to designate the location and amount of outdoor dining allowed so the center is in charge of determining which areas of sidewalk and which restaurants may be the most appropriate for this use. pc: Dan Donahue Doug Sandstad Steve Sondrall 9 City of New Hope WINNETKA SHOPPING CENTER COMMONS ,MIDLAND SHOPPING CENTER ~r='~~o~hwest I I I ' '/~sociated j ! r~ Consultants, inc. EXHIBIT 1 - STUDY AREA I!I1((~1'1~ TACO JOHN'S CHIROPI~ SUBWAY EXHIBIT 2 - TACO JOHN'S/SUBWAY (NEW HOPE BRUEGGERS FRANKIES EXHIBIT 3 - BRUEGGERSiFRANKIES (WINNETKA COMMONS EXHIBIT 4 - GUNG HO (WINNETKA COMMGN<- INHDO~ EXHIBIT 5 - KINH DO (MIDLAND SHOPPING CENTER EXHIBIT 6 - CIRCUS (WINNETKA SHOPPING CENTEF~i EXHIBIT 7 - OLE PIPER INN (POST HASTE SQUARE COUNTRY KITCHEN PORT ARTHUR EXHIBIT 8 - COUNTRY KITCHEN/PORT ARTHUR (C[TY CENTF_.~ McDONALDS VACANT BUILDING EXHIBIT 9 - McDONALDS, VACANT BUILDING TACO BELL PONDEROSA EXHIBIT 10 - TACO BELL, PONDEROSA HARDEE'S · EXHIBIT 11 - HARDEES FULL SERVICE RESTAURANT TWO PERSON TABLE FOUR PERSON TABLE PARKING LOT AUTOMOBILE OVERHAN'G *~ : MINIMUM PEDESTRIAN PASSAGE SERVICE AISLE PARKING LOT AUTOMOBILE OVERHANG MINIMUM PEDESTRIAN PASSAGE SERVICE AISLE 12'- 1' WIDTH REQUIRED 15'-9' ~IDTH REQUIRED NOTE: TABLE AREA AND SERVICE AISLE AREA MAY BE INTERCHANGABLE EXHIBIT 1 2 SELF SERVICE RESTAURANT TWO PERSON TABLE FOUR PERSON TABLE PARKING LOT AUTOMOBILE OVERRAN'G MINIMUM '. PEDESTRIAN PASSAGE PARKING LOT AUTOMOBILE OVERHANG · MINIMUM PEDESTRIAN PASSAGE 9'- 1' WIDTH REQUIRED 12'-9' ~/IDTH R~QUIRED EXHIBIT 1 3 wt.k~ C. ~ ~.AVON~ Ir ~ October 16, 1991 Kirk HcDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, HN 55428 RE: Proposed Ordinance Establishing Outdoor Dining as Conditional Accessory Use in B-3 Zoning District Our File No. 99.40044 Dear Kirk: I have had a chance to review the City Planner's October 3rd, 1991 memo and ordinance establishing outdoor dining as an accessory use in a B-3 zoning district. [ see no legal problem with the adoption of the ordinance as proposed by the City Planner. I have enclosed a revised ordinance utilizing the recommended ordinance attached to the City Planner's October 3rd memo. The only significant change -[- made to the Planner's recommended ordinance is to subsection (1) dealing with off-street parking. I made that section more specific requiring additional off-street parking based on the additional seating area provided by the outdoor dining area. tn other words, if a restaurant or fast food establishment wants outdoor dining, they will be required to prove they have parking sufficient to satisfy our off-street parking requirements of Section 4.036 based on their additional seating capacity used to its maximum. If that is not what the City Planner intended, tlle~-subparagraph (1) should again be revised. Please contact me if you have any questions. Ver~.uly. yours, Steven A. Sondrall slw Enclosure cc: Valerie Leone (w/enc) A1Brixius (w/eric) NAc Northwest Associated Co. nsultants, Inc. U R ~A N PL A N NI NG · DESIGN · ~ AR K E T R ES E A R C H TO: FROM: DATE: RE: FILE NO: Kirk McDonald Elizabeth Stockman/Alan Brixius 3 October 1991 New Hope - Outdoor Dining Ordinance 131.00 91.12 Attached is the proposed Ordinance amendment which would allow outdoor dining facilities as conditional uses in the B-3 and B-4 Districts of the City. This draft Ordinance requires that specific conditions be met prior to approval of outdoor dining areas as accessory uses which address the type of outdoor service, the size of the dining area, a sanitary dining environment, screening, lighting, surfacing, pedestrian circulation, and refuse· The Ordinance amendment is intended to meet requests of eating establishment owners wishing to provide outdoor seating and service areas as part of their facilities. The outdoor dining areas are attractive to many consumers during the s~Ler season and have potential of drawing business into the City. Adoption of the Ordinance would allow for the desired flexibility of dining arrangements in properly regulated situations. It should be noted that several issues related to the adoption of this amendment remain outstanding with regard to inclusion or exclusion of such from within the Ordinance, they are outlined as follows: The allowance of outdoor dining facilities within both the B-3 an--~rB-4 Districts or just the B-4. Whether or not bars which serve alcoholic beverages should be allowed as part of outdoor dining areas. Whether or not rooftop dining should be allowed and regulated as part of the outdoor dining section of the Ordinance. In this light, the City must make a policy decision as to whether this Ordinance is consistent with the development objectives of the City and determine if there is benefit in the adoption of this Ordinance. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636.Fax. 595-9837 U R I A P ~. A N G · · Id A A K E ? lq ~ S E A A ~ TO: FROM: DATE: RE: FILS NO: Kirk McDonald Kyle Brown/Alan Brixius 10 September 1991 New Hope - Outdoor Dining Study 131.00 91.12 The City has received a number of requests from eauln~ establishments wishing to provide outdoor sea=lng and serv=ce within the City. These restaurants are located within a number of con~nercial shopping centers, including Midland Shoppin? Center, City Center, and Winnetka Conm~ons. Ail of these locations are zoned B-4, Co~u~uni=y Business. The current Zoning Ordinance allows restaurants as a permizzez use, and drive in and convenience food establishments as conditional use within the B-3 and B-4 Districts. However neither of rheim uses identifies outdoor dining as being allcwe~. Furthermore, outdoor sales, which may possibly include dining, is allowed as a conditional accessory use within =he B Zoning~ District, however, not within the B-4 Zoning Based on these considerations, the current Ordinance does provide for outdoor dining in =he B-4 Zoning District a= The appropriateness of outdoor dining must be considered in con=ex~ of the existing land use situation, and =he dis=ric~(e) intent. In light of ~he fac= that =he curren% requests for outdoor dining pertain =o existing businesses existing shopping centers, the feasibility of outdoor dining be considered for these specific areas. These shopping were no= originally designed to acco~nodate outdoor dining storage. As a result, the sidewalks in front of the premises are generally narrow. Therefore, depending on =he specific o~ the outdoor dining, there may no= be adequate space =o =he desired seating area. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636'Fax. 595-9837 Ano=her issue which must Be considered wi=h regards =o exis:~.-.- operations is the equi=y in parking provisions. Al=hough ns: expanding the size of =heir struc=ure, =hese businesses are expanding their operations. The existing shopping =eh=er parking lo=s do not accou~= for this expansion. Ensuring =he provision of adequate space, and parking, are issues which taus= be considered in de=ermining the appropriateness of =his request. The zoning district provisions must also be considered 'in this matter. Based on the zoning district puz%0ose s=a=emen=s, i= appears that outdoor dining areas would be generally consis=ent with the B-3 a~d B-4 Zoning Districts. However, in order ~or ou=door dining to func=ion in a manner which is compatible with the restaurant and the surrounding facility, a number of factors must be sufficiently addressed. These fac=ors include =he type of outdoor service provided, =he size of =he dining area, a sanitary dining environment, screening, ligh=ing, surfacing, pedestrian circulation, and refuse. With these considerations in mind, the City must make a decision as =o whether or not these outdoor dining ac=ivities are appropriate as an accessozy use within =he B-3 and/or Zoning Districts. If the City de=ermines =hey are an appropriate accessory use, we offer consideration of =he following fac=ors in order =o ensure compatibili=y with surrounding uses and high quali=y performance. True of Service. Of cen=ral importance in regula=ing accessory use is =he de=ermination of =he type of provided for =he outdoor dining. The area may consis= of seating =ables where patrons order and pick up food inside building, or =he outdoor dining may be an ex=ension of a mcr~ formal res=auran= which would provide =able wai=ing service =he outdoor area. The applican= mus= identify =he =ype service provided in order for it =o be properly evalua=ed. Currently only fast food ee=ablishmen=s have inquired in=o ou=door dining areas. AE~ The size of =he dining area is also of concern. the in=eh= is =ha= the outdoor dining is an accessory use on si=e, t~e area should be smaller =ban =he area provided wit~ =he prine4~l s=ructure. The Zoning Ordinance limi=s ou=dz:~ sales ~ in =he B-3 Dis=riot to a de=ermined per=enrage of gross floor area of the principal use. It is recommended :h~ =his figtLFe Or a s/~nilar limi= be placed upon ou=door din=~ areas. An option the City has is =o limit =he outdoor area to determined percentage of =he entire principal use floor area, 30 per=eh= of the cuetc~ner area within =he principal use. laC=er provision would ensure =ha= outdoor seating establishments which are principally rake-our in nature provide only a small customer area in =he fa=iii=y, did cons=itu=e =he majority of dining area for the business. C~tbility. In order for =he outdoor dining =o be comps=~''_~:,~ with the surrounding neighborhood, its potential effects must also be addressed. As is provided for outdoor sales wi=bin :he Ordinance, outdoor dining should be screened from adjacent residential uses, a/Id ally lighting which is provided must be hooded and directed away from public right-of-way and neighboring residences. Another compatibility issue which must be addressed is pedestrian circulation. Frequently, outdoor dining in shopping ten=ers occurs along the sidewalk in front of the principal use. The applicant must demonstrate through a site plan and/or other infor~tion, that the outdoor dining will not disrupt pedestrian circulation along the sidewalk, nor does it block access to any building entrance. A five foot wide pedestrian way is needed :0 provide ~tninterrupted foot traffic. A~dition~lly, the pathway should have a clearance height of at least seven feet. ~ The surfacing of the dining area must be level and of a material which is designed to accon~od&te heav~ foot traffic, tables, and chairs. It must also be a material which can be cleaned easily and provides adequate drainage. It is therefore recos~ended thac the dining area be surfaced with concrete, bituminous, or some form of decorative paver. D4n4n~_ Ar_~a De~i~n. The layout of the dining area must provide ample room for movement of people. As such, a minimum width cf 42 inches should be provided for aisles within the dining area. The furniture for the dining area should be movable to allow removal from the sidewalk in the evening, and during =he win:er months. Furthermore, no cooking or bar service should provided outside for health and safety reasons. Ail reques:~ should also be subject to review and comment by the S~nitarian. ~ The outdoor dining area cannot utilize 'existing 9arkin~ spaces necessary to fulfill parking requirements for :ne principal use. Furthermore, the p&rking requirements for the must ~e a~Jus=ed to account for the additional seating. I~ If the outdoor dining area is a self-se~z'-~ esta~lis~nt, the applicant must demonstrate the provision refuse containers to service the outdoor area. Such concaine:~ must be pl&ced in a manner which does not disrupt pedestr~- circul&tion, axxd must be designed to prevent spillage and biow:np litter resulting from wind. As seated in the Analysis section of this report, the decision ~o allow outdoor dining in New Hope is a policy matter in which ~ke City must consider the a~ility to provide outdoor seating for existing facilities, and the appropriateness of the use within =he con=ex= of the Zoning Ordinance· Although the current Ordinance does no= address outdoor dining, i= does address outdoor sales. Many of the provisions regarding sales are applicable Co outdoor storage, however, additional items such as access, circulation, and refuse must also be addressed· It is =her·fore recon~nended that, if deemed appropriate, outdoor dining be allowed as a conditional accessory use to restaurants and convenience food establishments in the and B-4 Zoning Dis=tic=s, provided =he following: The applicant submit a sire plan and ocher pertinent informs=ion demonstrating the location of all tables, refuse receptacles, and wait stations. Access to =he dining area be provided only via the princiDal building if the dining area is a full service restaurant, including cable waiting service. The size of the dining area is restricted co a certain percentage of the co=al floor area of =he principal use, or customer floor area wi=bin the principal structure. The dining area. is screened from view from adjacen: residential uses 'in accordance with the Zoning Ordinance requirements. Ail lighting be hooded and directed away from adjacen% residential uses in accordance with the Zoning Ordinance requirements. The applicant demonstrate that pedestrian circulation is disrupted a~ a result of =he outdoor dining area pr_--,4~ing the following: Ae Cafe area shall be segregated from through pedestr~: circulation by means of temporary fencing, bollards. ropes, plantings, Minimum clear passage zone for pedestrians at :he perimeter of =he cafe shall be aC leas= five (5) fee% wi=hour interference from parked mo=or vehicles, bollards, trees, rte·gates, curbs, stairways, =rash receptacles, street lights, parking meters, etc. 0vers=ory canopy of =tee/umbrellas or o=her s=ruc=ur~s ex=ending in=o =he pedes=rian clear passage zone pedes=rian aisle shall have a minimum clearance seven (7) feet above sidewalk. The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, at=fac=ire, and functional surface. A minimum of forth-two (42) inches shall be provided within aisles of cafe. Purni=ure and enclosed perimeter shall be movable to allow for seasonal changes. Furniture shall be removed daily off of sidewalk. 10. No storage of furniture on sidewalk shall be allowed between the months of October and April. 11. No ou=side bar or cooking facility shall be established, only wai= s=ations shall be allowed. 12. Increased parking requirements shall be addressed pursuant to Ordinance recluiremen=s. 13. Refuse con=ainers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does no= disz%lpt pedestrian circula=ion, and mus= te designed ~o prevent spillage and blowing litter. 14. The opera=ion is subjec= to approval of the Ci=y Sani=ar±an and compliance .with any written provisions he or she rec~/ires. If ~he Ci=y desires =o draf= an amendment based on =he above requirements, Ordinance language can be prepared for amendmenc. CITY OF NEW HOPE DATE: TO: FROM: SUBJECT: MEMORANDUM February 28, 1992 Planning Commission Members Kirk McDonald Management Assistant/ Community Development Coordinator Miscellaneous Planning Issues 1. FENCE ORDINANCE Due to the details and length of the Planning Commission reports for the month of March, staff has not had adequate time to prepare a presentation on the fence ordinance. This issue will be delayed until the April Planning Commission meeting. 2. APRIL PLANNING COMMISSION MEETING City staff will be gone for one week of training the week of March 30 to April 3, the week during which Planning Commission packets are normally prepared for preceding meeting which was scheduled for April 7. Staff is wondering if the Commission would be agreeable to moving the meeting date back one week so that it will be held on Tuesday, April 14 instead of the 7th. Please give this some thought and let the staff know your feelings at the March meeting. Thank you. 3. AUTOHAUS SITE PLAN Attached is a copy of the approved Autohaus Development Agreement. Staff is in the process of checking the number of automobiles displayed on the site and their location to determine if they are in compliance with the plan and will report back to the Commission in April. We do not have a reduced copy of the revised/approved site plan available, but are in the process of receiving one and it will be passed on to you when available. Large copies are available for your review. 4. SUPER AMERICA The Super America planning case was heard by the City Council on February 10th and at the conclusion of the public hearing, the matter was referred to the City Attorney to prepare a resolution for findings of fact. Subsequent to the Planning Commission meeting, Super America had presented the City with a site plan indicating that they could construct a building on the site and eliminate the setback variance. The Council will be making a final decision on this issue at the March 9th City Council meeting. APARTMENT CONVERSION STUDY Staff had previously informed you that the conversion of apartments in New Hope is of some concern and the City is considering instituting a moratorium to study this issue. Attached is a report prepared by the planner for your information. CITY OF NEW HOPE DEVELOPMENT CONTRACT THIS AGREEMENT, made and entered into on the date specified in paragraph 15d hereinafter, by and between the City of New Hope, a Municipal corporation of the State of Minnesota (hereinafter called the City), and the Owners or Subdivider identified in paragraph 15a herein (hereinafter collectively called the Developer whether singular or plural), WITNESSETH: WHEREAS, the said Developer has applied to the City for approval of a plat or subdivision of certain land within the City as identified in paragraph 15c herein, and WHEREAS, The Economic Development Authority in and for the City of New Hope (hereafter EDA) has provided to .Developer a $187,500.OO loan evidenced by a Mortgage Note dated and secured by a Mo~tg~e,.SeGurity Agreement and Fixture Financing Statement dated /I/~///~/./~/ , and WHEREAS, Developer acknowledges and agrees that any breach of the herein Development Contract shall be deemed a default Developers of the terms of the Mortgage Note and Mortgage, Security Agreement and Fixture Financing Statement permitting the EPA to declare any unpaid principal and accrued interest of the referenced loan immediately due and payable upon demand by the EPA and further permitting the EDA to commence a foreclosure action to collect monies pursuant to the terms of the Mortgage Note and Mortgage, Security Agreement and Fixture Financing Statement, and WHEREAS, it is not presently feasible to complete such improvements, and the Developer is desirous of proceeding at once, and the City Council has approved or agreed to approve said plat on the conditions (1) that the Developer enter into this Development Contract, which Contract defines the work which the Developer undertakes to complete within the boundaries of said plat as described hereinafter, (2) that the Developer provide a bond or other collateral for an amount and with a surety and conditions satisfactory to the City, to secur® the actual construction and installation of such improvements within the period specified by the City, and (3) that the Developer enter into all financing documents required by the EDA to evidence and secure the Developer's repayment of the EDA loan, NOW, THEREFORE, the City and Developer agree as follows: 1. The recitals above and the provisions of the Platt~n~ Chapter of the New Hope City Code, as amended to date hereof, are incorporated herein by reference. 2. The Developer agrees to make all private improvements as shown on the February 7, 1991 revised site plan prepared' by Westwood Professional Services, Inc. attached hereto as Exhibit A within one year from the date of this agreement, except as this period of time is extended by resolution of the City Council. The Developer agrees to perform and complete any additional conditions as set forth in paragraph 15e under these same terms and conditions. These improvements shall include but not be limited to the following: a. Installation of concrete curb around entire property as shown on site plan. Installation of bituminous paving in the body shop and repair storage area as shown on the site plan. c. Planting of the following vegetation and landscaping as shown on the site plan: 150 Andorra Junipers to be planted on north and east side of property, size 18", spacing 3' O.C. ii. 6 Andorra Junipers to be planted on northeast corner_..(inside "L") of building, size 18", spacing 3' b.C. iii. 33 Pfitzer Junipers to be planted on east side of property, size 18", spacing 3' b.C. iv. 18 Techny (Mission Strain) American Arborvitae to be planted on west side of property, size 36 inch pot, spacing 15 feet o.c. with weed barrier and rock mulch. 16 Isanti Dogwood to be planted - 10 on southeast corner of building and 6 on southwest corner of building, size 24", spacing 4' b.C. vi. 1 Green Ash to be planted on southeast corner of building, size 2.5'. vii. 29 Austrian Pine to be planted on west property line on County Kitchen property, size/root 6' Installation of six foot ooaque security fence (chain link with barbed wire) around oerimeter of body shop and collision repair storage area as shown on site plan. Installation of white sodium vapor wall lights and freestanding overhead lights as shown on the site plan. The overhead light poles shall match existing City street lighting. Installation of acceptable automatic sorinkler systems in all planted areas. Installation of outdoor trash enclosure on South side of building constructed of 6 foot block wall painted to match building. Installation of bomanite paving in front display area as shown on site plant. Construction of four painted islands in the Transport Lane area as shown on the site plan. Further, the Developer acknowledges and agrees that development of the site wi]] comply in all respects with the terms, conditions and regulations of the New Hope City Code. These conditions include but are not limited to, compliance with the following: All setback provisions of the zoning code and more specifically, that there be a 5 foot setback for all parking and storage areas and driveways from the rear and side property lines· That all signage on the site fully comply with the sign code· That all on-site parking requirements of the zoning code are fully complied with and more soecfically, that a minimum of 81 parking spaces are provided, that 3 handicapped parking stalls are orovided on the east side of the building and 2 handicappea parking spaces are provided on the west side of the building, that all parking areas be oroperly striped with the exception of the display area and 3 body shop/collision repair storage area, and employee parking be provided on the west side oF the building. That all drive aisles are 24' or more in width. That the loading and unloading areas are provided on the south side of the building. That on-site snow storage be allowed only in the southeast corner of the proD, try and that use cf parking soaces will not be permitted for snow storage on-site. That all sales/leasing/rental display areas, both indoors and outdoors, comply fully with all area requirements of the City Code. That the construction plans for the outdoor body shop and collision repair storage area are approved by the Building Official and Fire Chief. That no other tenant will be allowed to occupy the space currently being occupied by Universal Colour Laboratories and that upon the expiration of i;s lease or any options to renew said lease, developer will construct or improve the property with tn, showroom and display area as shown on Exhibit A. Further, while the tenant occupies the proposed showroom and display area, developer agrees that the parking display area shown on Exhibit A in front of said area will not be permitted for display but shall be reserved for employee aha customer parking of the tenants. 3. The Developer also agrees to construct within one year from the date of this agreement public improvements for storm water drainage and erosion control and that it has submitted a September 12, 1990 Paving, Grading, Drainage and Erosion Control Plan prepared by Westwood Professional Services, Inc. indicating the improvements it hereby agrees to construct. Said plan has been reviewed and approved by the City Engineer and Developer shall implement this plan and construct all improvements indicated thereon. The parties agree the improvements indicated on said plan are necessary for adeauate drainage and erosion control at the site. Developer further agrees to complete any improvements not indicated on the plan but reasonably necessary to facilitate the purpose of the plan in the sole opinion of the City Engineer. Such construction shall be subject to inspection and approval of the City. The parties further understand and agree that approval by the City and its Engineer does not constitute any warranty or guarantee to the Developer and that the Developer has relied on its own judgment or Westwood relative to the adequacy of this plan, The City and its Engineer have reviewed this plan solely for the purpose of determining its ability to conform with the City's overall storm sewer plan. Upon the completion of the work and construction required to be done hereunder, said storm water drainage improvements shall become the property of the City, without further notice or action on the part of either party hereto, other than acceptance at usage. 4. The Developer shall pay for all costs of persons doing work or furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Developer or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and the Developer and its surety shall hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 5. In the event of default by the Developer as to any of the work to be performed hereunder, the City may, at its option, perform the said work and the Developer shall promptly reimburse the City for any expense incurred therein by the City, provided the Developer is first given written notice by United States Mail of the work in default and required to be done by the Developer, not less than 48 hours being given thereby to the Developer to remove the default status, said notice being addressed to the Developer a~ the address sho wnin paragraph 15b herein, notice given in this manner being sufficient as described, by agreement of the parties hereto. Notice to the Developer shall also constitute without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City Engineer, the 48 hours no~ice requirement to the Developer shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. It is understood by the parties, however, that the responsibility of the Developer is limited by strikes and force majeure. 5 6. The Developer agrees to hold the City harmless from any and all claims which may arise from third parties, including contractors or subcontractors for damages sustained resulting from the performance or failure of'performance of the above-described work or the work required in paragraph 15e. 7. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 8. The Developer shall deposit with the City a satisfactory Subdivision Bond for the work specified in paragraph 3, which shall be in the amount described in paragraph 15f, securing the full performance of this Development Contract. The term Subdivision Bond as used herein shall also include any type of collateral agreement or security accepted by the City. It is understood and agreed that failure of the City to promptly take action to draw upon the bond to enforce this agreement after the time of expiration by which the work is to be completed will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of the work and payment for same. These provisions shall De applicable to any person who gives security for or guarantees the completion of this agreement. 9. The Developer unconditionally guarantees to the City al! work required to be performed by paragraph 3 for a period of one year subsequent to acceptance of same by the City against poor material, faulty workmansh'ip, or any other failure of the work, whether or not all or any portion of the Subdivision Bond shall have been released by the City. 10. The Developer shall clear any soil, earth or debris from the streets resulting from building on the land within the addition by the Developer or its agents, successors or assigns, and shall restore any gravel base deteriorated Dy mixing construction or excavation debris or earth, and repair any damage to bituminous surfacing resulting from the same causes. 11. The Developer agrees that the City at its option can install and construct any work or improvements required by paragraph 3 to be made by the Developer, and the Developer agrees to pay all costs so incurred by the City. 12. The parties agree the breach of any terms of this Agreement Dy the Developer shall be grounds for denial of building permits for building within the addition until such breach is corrected, either by the City or the Developer, as the case may be. 13. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portion of this Agreement. 14. This Contract shall be binding upon the parties, their heirs, successors or assigns as the case may be. The parties understand and agree that the Developer is responsible under the terms of this Contract for the acts or omissions of any of agents and successors in title. 15. a. The term "Developer" as used herein refers to: Autohaus of Minneapolis, Boettcher, individually Inc. and Thomas W. The address of the Developer, for purposes of this Development Contract is as follows, and any notice mai]ed by the City to this address sha]] be deemed sufficient notice under this Contract, until notice of a change of address is given to the City in writing: 7709 42nd Avenue North New Hope, MN 55427 Phone: (812) 535-5707 The legal d~Scription of the premises to which this Development Contract applies consists of premises in the State of Minnesota, County of Hennepin, wit: That part of Lot 9, "Auditor's Subdivision Number 324, Hennepin County, Minnesota" described as follows: Be9inning at the intersection of the most northerly line of said Lot 9 and a line hereinafter referred to as Line "A" being a line drawn from a point on the south line of said Lot 9 distant 650,60 feet easterly from the west Quarter corner of Section 17, Township 118, Range 21 as measured along said south line and its westerly extension ~o a point on said most northerly line of said Lot 9 distant 653,30 feet easterly from the west line of said Section 17 as measured along said most northerly line and its westerly extension; thence westerly along said most northerly line to t~e northeast corner of Lot 7 in said "Auditor's Subdivision Number 324, Hennepin County, Minnesota"; thence southerly along the east line of said Lot 7 to the southeast corner of Lot 7; thence westerly along the south line of said Lot 7 a distance of 5.00 feet; thence southerly parallel with the southerly extension of the east line of said Lot 7 to a line drawn parallel with and distant 611.50 feet north of the south line of sa~d Lot 9; thence easterly parallel with said south line to its intersection with said Line "A"; thence northerly along said Line "A" to the actual point of beginning. That part of Lot 9, "Auditor's Subdivision Number 324, Hennepin County, Minnesota" described as follows: Commencing at the intersection of the most Northerly line of said Lot 9 and a line hereinafter referred to as Line "A" being a line drawn from a point on the South line of said Lot 9 distant 650.80 feet Easterly from the West Quarter corner of Section 17, Township 118, Range 21 as measured along said South line and its Westerly extension to a point on said most Northerly line of Lot 9 distant 653,30 feet Easterly from ~he West line of said Section 17 as measured along said most northerly line and its Westerly extension; thence Westerly along said most Northerly line a distance of 50 feet.to the actual point of beginning; t~ence continue Westerly along said most Northerly line to the Northeast corner of Lot 7 in said "Auditor's Subdivision Number 324, Hennepin County, Minnesota"; thence Southerly along the East line of said Lot 7 and along the Southerly extension of said East line of Lot 7 to a point distant 100 feet Southerly from the Southeast corner of said Lot 7; thence Easterly parallel with the Easterly extension of the South line of said Lot 7 a distance of 40 feet; thence Southerly parallel with said Southerly extension of the East line of Lot 7 a distance of 50 feet; thence Easterly parallel with said Easterly extension of the South line of Lot 7 to the intersection with said Line "A"; thence Northerly along said Line "A" to the intersection with said Easterly extension of t~e South line of Lot 7; thence Westerly along said Easterly extension of the South line of Lot 7 to the intersection with a line drawn Southerly parallel with said Line "A" from the actual point of beginning; thence Northerly parallel with said Line "A" to the actual point of beginning, according to the recorded plat thereof. and is proposed to be known as Lot 1, Block 1, Autohaus Addition. The date of this Development Contract is: Requirements additional to those listed in paragraph 2 are as follows: Developer shall raze the office building commonly known as the Animal Hospital pursuant to an Agreement to Raze 7675 ~2nd Avenue North attached hereto as Exhibit B. The cost of demolition and removal shall be the sole cost of the Developer. Also Developer shall be required to comply with all of the conditions of its Preliminary Plat approval and Conditional Use Permit to allow for outdoor sales in a B-3 zoning district established by City Resolution Nos. 89-239 and 90-24 attached hereto as Exhibits C and D respectively. The total amount of the Subdivision Bond required to secure the performance of the work required by paragraph 3 is initially set at Twenty Six Thousand Two Hundred. Eighty Dollars, ($26,280.00), and is agreed to by the Developer, and shall be in the form of: / Cash deposited with City at no interest. / / Irrevocable Letter of Credit for one year, cancellable on 30 days' written notice to City thereafter. / Corporate Surety Bond. / x / Asei9ned Savings Certificate, Interest to Developer. The parties agree that from time to time, but not more frequently than annually, the Developer may request that the City Engineer evaluate the work remaining to be done hereunder by the Developer, and the amount o~ bond may be reduced by City Council action to such dollar amount as deemea necessary ~or the City by the Engineer. The parties agree that ~ormal action taken by the CiSy Council in .reducing the amount of the bond as initially set herein shall constitute sufficient evidence, as public record, o¢ the change in bond amount and the parties waive written modification o~ this Development Contract as to such reduceC bond requirement. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY [ts ~a~or Its C'ty ~ age 8y Its -+,,~ .' W . n ~""~--al 1 y~(jla ' r, i 10 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me ~his ~-- day of ~74x~ .'./ , 199~__, by EDW. J. ERICK$ON and DANIEL J. DONAHUE, ~e Mayor and Manager, respective]y, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEP[N ) aclu~pw]edged be~re.~e~his . The feregRing instrument was ~'-'- day of /~,//~-"/ , 199/ , by /~/~/~ ~:, /~-/~c~,~'- _ and ' , the ~"~.C/'. ~ and , Fespec[~vely, of Au~o~aus o~ H~nneapol~s, thC., a corporation undeF ~he laws of ~he S~a=e of H~nneso~a, on bebal~ of sa~'d coFpora~on. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEP[N ) day of , 19g / , by Thomas W. Boettcher, Notary Public 11 c Northwest Associated Consultants, Inc. URBAN PLA N NI NG · DESIGN · MARKET R ES E A RC H TO: FROM: DATE: RE: FILE NO: Kirk McDonald Kyle Brown/Alan Brixius 19 February 1992 New Hope - Apartment Conversion Study 131.00 - 92.01 BACKGROUND The City of New Hope has recently received several requests from owners of apartment complexes to convert 1-2 bedroom units into 3-4 bedroom units. This is in response to the demand for larger units to accommodate larger families. This memorandum outlines the ways in which these conversions can occur, and identifies the potential effects, as well as the advantages and disadvantages of each conversion method. ISSUES AND ANALYSIS ZONING REGULATIONS The Ordinance does not regulate the composition of an apartment building by unit size. The number of apartments of various sizes is driven by local markets. Under these circumstances, the conversion of apartment units to different size units is not restricted, provided the density and unit sizes comply with City standards. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park, MN 55416, (612) 595-9636, Fax. 595-9837 Design Standards 4.035 (2) and (3) (2) Lot Area Per Unit. The lot area per unit requirement for townhouses, multiple family dwellings and planned unit developments shall be calculated on the basis of the total area in the project and as controlled by an individual and joint Ownership. Other minimum areas are: Single Family Two Family Townhouse Multiple Family Elderly Housing 9,500 square feet 7,000 square feet 5,000 square feet 3,000 square feet* 1,000 square feet (3) *4,000 square feet in an R-3 district. Usable Open Space. No dwelling may occupy in excess of twenty percent of the lot area on single or two-family dwelling sites. Each multiple family dwelling site shall contain at least rive hundred square feet of usable open space as defined by Section 4.022 (131) of this Code (other than the front yard) for each dwelling unit contained thereon. Unit Size Restrictions 4.035 6 (b) and (c) (b) Multiple Dwelling Units. Except for elderly housing, living units classified as multiple dwellings shall have the following minimum floor areas per unit: Efficiency Units One Bedroom Units Two Bedroom Units More than two bedroom units - an additional 100 square feet for each additional bedroom. 500 square feet 600 square feet 750 square feet (c) Elderly (Senior Citizen) Housing. Living units classified as elderly (senior citizen or R-5) housing units shall have the following minimum floor area per unit: Efficiency Units One Bedroom 440 square feet 520 square feet CONVERSION OPTIONS There are two clearly identifiable methods of converting 1-2 bedroom units into 3-4 bedroom units. Option A: One method of conversion would be to simply further subdivide a larger 2 bedroom unit and add additional bedroom(s) without expanding the overall size of the unit. This method could be accomplished by rearranging the internal layout of the unit. Review of recent New Hope apartment proposals reveals that two bedroom apartments had an average floor area of 1,100 square feet. These units could accommodate an additional bedroom and still comply with the City's minimum floor area standards of 850 square feet for a three bedroom unit and 950 square feet for a four bedroom unit. This type of conversion raises the following issues: The Option A conversion raises issues with regard to functional design of the apartment unit after a bedroom is added. Often times, the unit amenities for kitchen, dining and closet space are designed based on the anticipated number of people occupying the unit. Increasing occupancy of the unit raises concern with the overall functioning of the unit. The conversion of two bedroom apartments into more bedrooms under Option A increases the occupancy capacity of these units without reducing the number of units on the site. Increasing the number of residents in an apartment complex raises the need for more ancillary amenities such as parking, open space, and recreational amenities. Option B: The other conversion option available is to simply combine two. units creating one larger unit and one smaller unit. This option would still provide accommodations for approximately the same number of people. Option B presents the following: The larger 3 and 4 bedroom apartments are intended to cater to larger families. This presents a need to provide open space and recreational amenities that cater to households with children. The recreational needs of children are significantly different from adults. These needs should be addressed as part of the apartment conversion plan. An Option B apartment conversion would maintain the same number of apartment units, but would change the mixture of apartment sizes within a building. By ordinance standards, this should not change the parking demand of the apartment building. It is recognized that rental market dictates the trends and sizes of apartments. The City housing stock should be responsive to the regional market elements. The conversion of existing housing stock to larger units must give attention to the life styles and needs of its residents. In this regard, the following elements must be considered: Increased Density. The total number of people within the complex may increase, particularly under Option A. This can result in an over-utilization of the site. As such, a limit to increasing the density should be explored. Increased Parking Demand. In the event that the number of 3-4 bedroom units exceeds the number of smaller units, a requirement for providing increased parking should be considered. Additional Amenities. An increase in the number of people in the complex will result in an increased demand for services and amenities provided on site. In addition, an expected increase in the number of children will require the provision of appropriate amenities for young people such as playgrounds, etc. Dwelling UniD Design Standards. To ensure that the conversions provide a well functioning and safe living space for tenants, standards for dwelling unit design should be considered. Additionally, the City may wish to review its minimum dwelling unit size standards to ensure they are sufficient. 1Dc: Dan Donahue Doug Sandstad 4