090391 Planning AGENDA
PLANNING COMMISSION MEETING OF SEPTEMBER 3, 1991
CITY OF NEW HOPE, MINNESOTA
7:30 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC HEARINGS
3.1 Case 91-20 Request for Conditional Use Permit and Site/Building Plan
Review to Allow Expansion of Drive-up Facilities, 8320 42nd
Avenue North, Ackerberg & Associates/Norwest Bank
Minnesota, Petitioners
3.2 Case 91-21 Request for Variance to the Maximum Signage Allowed to
Allow Addition of a Pylon Sign, 8320 42nd Avenue North,
Norwest Bank Minnesota, Petitioner
3.3 Case 91-22 Request for Conditional Use Permit to Allow Establishment of
a Pre-school and Child Care Center, 3701 Winnetka Avenue
North, Rohan/Helen DeAlwis, Petitioners
3.4 Case 91-23 Request for Conditional Use Permit to Allow Construction of
a 95-foot Antenna Tower and 12' x 36' Equipment Building,
5700 International Parkway (Victory Park), US West Vector
Group, Inc., Petitioners
3.5 Case 91-24 Request for Conditional Use Permit to Allow A Convenience
Store and Gasoline and Interior Remodeling, 3535 Winnetka
Avenue North, Fina Serve, Petitioner
3.6 Case 91-25 Request for Sign Plan Amendment and Variance to Setback
Requirement for Sign, Winnetka Avenue North and Medicine
Lake Road (Midland Shopping Center), Kraus-Anderson/
Engelsma Investments, Petitioners
4. COMMITTEE REPORTS
4.1 Report of Design and Review Committee
4.2 Report of Codes and Standards Committee
5. OLD BUSINESS
6. NEW BUSINESS
6.1 Approval of Planning Commission Minutes of August 6, 1991
6.2 Review of City Council Minutes of July 22, and August 12, 1991, and City Council
Work Session Minutes of July 15, 1991
6.3 Review of HRA Minutes of June 24, 1991.
7. ANNOUNCEMENTS
8. ADJOURNMENT
SOUTH HALF
ZONING DISTRICT MAP
CITY of NEW HOPE
LEGEND
VILLAGE LIMITS ·
EXISTINGSTREETS ..
~OPOSED STREETS '
S{NGLE PAMtLY RESIDENTIAL R-i ..... ::::
SINGLE AND TWO FAMILY RESIDENTIAL R*2
MEDIUM DENSITY RESIDENTIAL R-$
"SENIOR/DiSABLED" RESIDENTIAL R'§ =~a~,t,ca~,o.~ ,~.,v ~e~c,~ ,. ;~,~, · ~'
AUTO ORIENTED BUSINESS
L~MITED INDUSTRI&L
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-20
Request: Request for Conditional Use Permit and Site/Building Plan Review
Approval to Allow Expansion of Drive-up Facilities
Location: 8320 42nd Avenue North
PID No.: 18-118-21-12-0003
Zoning: B-2 (Retail Business)
Petitioner: Norwest Bank Minnesota
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACKGROUND
1. The petitioner is requesting a Conditional Use Permit and Site/Building Plan Review
Approval to allow expansion of drive-up facilities, pursuant to Sections 4.113(2) and
4.039, and 4.039(A) of the New Hope Code.
2. Norwest Bank Minnesota recently acquired the former First Minnesota Savings and Loan
office located at 8320 42nd Avenue North and desires to upgrade the existing autobank
services and facilities on the site.
3. The project involves replacing the single lane drive-up window with a new drive-up
window to service four drive-up lanes and a fifth lane which will be dedicated for a future
instant cash machine. A new canopy would be installed to cover three of the drive-up
lanes and a fourth lane would be utilized for higher vehicles. In order to accommodate
the new drive-up window, the existing interior teller line would be remodeled.
4. A number of on-site improvements would be made including the following:
-A one-way traffic pattern will be established to provide more direct access to customer
parking and the autobank. This will eliminate existing traffic conflicts within the site
boundaries.
-Broken and cracked private sidewalks will be replaced.
-The single exterior concrete stair now located at the northeast corner of the building will
be removed.
-A 10' x 30' loading zone will be provided.
-The majority of the existing woods along the north property line will be preserved.
-Additional landscaping will be provided.
-A new trash container enclosure will be constructed.
-The majority of the on-site drainage will be collected and drained into a new storm
sewer located near the north end of the property.
-All parking area, driveways and autobank lanes will be repaved.
-New regulatory and identification signs as needed will be provided in accordance with
the site plan.
-New concrete curbs and gutters will be provided.
Planning Case Report 91-20
September 3, 1991
Page -2-
5. The property is located in a B-2 Zoning District and City Code states that if a drive-up
financial service window is to be added to an existing building, or if more than one lane
is to be provided, a conditional use permit procedure shall be used and the facility must
meet CUP criteria. The Council may also apply such conditions as it deems necessary
to reasonably control traffic, noise, and other nuisance characteristics.
6. A drive-up expansion was approved in 1989 for First Minnesota Savings and Loan, but
was never constructed.
7. Norwest Bank desires to commence work on the project this fall of approval is granted.
8. Property owners within 350' of the request have been notified and staff has received no
inquiries about the request.
ANALYSIS
1. Specific criteria to be considered for conditional use permits in the B-2 District include:
A. Traffic - the proposed use will not cause traffic hazards or congestion.
B. Nearby Residences -adjacent residentially-zoned land will not be adversely
affected because of traffic generation, noise, glare, or other nuisance
characteristics.
C. Effect on Other Businesses existing businesses nearby will not be adversely
affected because of curtailment of customer trade brought about by intrusion of
unduly heavy non-shopping traffic or general unsightliness.
2. Staff met on several occasions with the petitioner to give input to the plan while it was
in the development stage and a number of issues were resolved prior to the Design &'
Review process.
3. The petitioner met with Design & Review on August 15th and a number of issues were
discussed including: landscaping, fencing, curbing, loading area, storm sewer, parking,
traffic flow, lighting, directional signs, hours of operation, snow storage, and building
addition/canopy design. The petitioner submitted revised plans after Design & Review
to address landscaping and parking/traffic flow issues. Additional landscaping was added
and angle parking was added in the west employee parking lot to assist with the new one-
way traffic flow.
4. The one-way traffic design with entry only at the northeast comer will improve safety,
while permitting exit both on Xylon Avenue and 42nd Avenue. Traffic control is
provided by one-way drives, narrowed aisles, painted arrows on the asphalt, and clear
traffic signage.
5. Fencing and landscaping improvements adjacent to the west (residential) side appear
adequate to maintain the required buffer.
6. Staff finds that adequate parking spaces are provided, as 38 spaces are required and 36
spaces are proposed, but several spaces were lost in the. change from 90° to angle
parking.
Planning Case Report 91-20
September 3, 1991
Page -3-
7. A new 10' x 30' loading zone is provided and the petitioner has confirmed that there are
no semi-trailer deliveries made to the facility and that all deliveries are made by van-type
vehicles.
8. The new storm sewer and catch basin at the rear of the property will improve drainage
on the property.
9. Volume control devices on the drive-thru window speaker/microphones should be
discussed and required.
10. The petitioner is proposing the following changes in the revised plans, due to budget
constraints, and these should be discussed by the Commission:
A. Revised plans show new fence on west side - petitioner is now proposing only to
repair existing.
B. The brick columns on the canopy are to be changed to steel.
C. The revised plans show a stucco soffit and the petitioner is proposing a change to
exposed steel.
Overall, staff finds the proposal will significantly improve the property and facility.
RECOMMENDATION
Staff recommends approval of the site/building plan review and the conditional use permit for
drive-thru facilities, subject to any conditions the Commission may desire to add after discussing
the changes in the revised plans with the applicant. :
Attachments: Zoning/Section Maps
Boundary Survey
Site Plan/Drainage Plan
Building/Drive-up Plan
Building Elevations/Fence Detail
Landscape Plan
Regulatory/Identification Signage
Project Description Letter
Letter re: Deliveries
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NORT/ES1 RANK NEI~ ~GFE DRIVE-UP EXPANSION I~.~--~-~-~..,-~.~."~'~IIUILDING PLAN
8]20 42ND AVENUE NORTH
NEH HOPE HINNESOTA 55427 I~~1
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NOR~EST BANK NE'I~ ~G;E DRZVE-UP EXPANSION i~,~.~.~..,.I~1 BUILDING ELEVATIO#S
8320 42ND AVENUE ~RTH .~ ~ ....~[~[DETAIL
PICAL POST LIGHT
REGULATORY/IDENTIFICATION
SIGNAGE SCNEDULE LOT COVERAGE PARKING/STACKING
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SITE PLAN
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L EROY SIGNS INC. 535-
ACKERBERG AND ASSOCIATES INC Architects Planners Engineers 4201 Excelsior Boulevard Minneapolis MN 55416 (612) 920-9020
August
Ninth
1991
Mr. Doug Sandstad Sanders M. ~ker~rg
Building Offici al/Zoning Administrator Douglas P. Watschke
City of New Hope
4401Xylon Avenue North
New Hope, Minnesota 55428
Re: Norwest Bank New Hope
Drive-Up Expansion
Dear Mr. Sandstad:
As you know, Norwest Bank Minnesota, N.A. recently acquired the former First
Minnesota Savings and Loan office located at 8320 - 42nd Avenue North, New
Hope, Minnesota.
Norwest Bank desires to upgrade the existing autobank services and facilities
on this site. We have previously met with the City Staff to review this
project and to obtain additional Staff input.
Generally, this project involves replacing the existing single lane drive-up
window with a new drive-up window to service four drive-up lanes and a fifth
lane which will be dedicated for a future Instant Cash Machine. A new canopy
will be erected to cover three drive-up lanes only. A fourth lane will be
used for higher vehicles. In order to accommodate the new drive-up window,
the existing interior teller line will be remodeled'~
In conjunction with the autobank expansion, a number of on-site improvements
will be made as listed below:
* A new 6'-0" high cedar fence will be erected along the westerly property
line.
* A new trash container enclosure will be constructed.
* A one-way traffic pattern will be established to provide more direct ac-
cess to customer parking and the autobank. This will eliminate existing
traffic conflicts within the site boundaries.
* Broken and cracked private sidewalks will be replaced.
* The single exterior concrete stair now located at the northeast co-rner
of the building will be removed.
* A 10' x 30' loading zone will be provided.
* The majority of the existing woods along the north property line will be
preserved.
* Additional landscaping will be provided.
Mr. Doug Sandstad
August 9, 1991
Page 2
* The majority of the on-site drainage will be collected and drained into
a new storm sewer located near the north end of the property.
* All parking areas, driveways and autobank lanes will be repaved.
* New regulatory and identification signs as needed will be provided in
accordance with the site plan.
* New concrete curbs and gutters will be provided.
Reduced copies, transparencies and full size drawings are enclosed for your
use and review with the Staff, Planning Commission and Council.
Norwest Bank New Hope desires to commence this work immediately following ap-
proval by the City. We look forward to the timely approval of this project by
the Cit~lanning Commission and City Council.
S~ncerel~~
ACKER RG ANDi CIATES, INC.
, /
Sa 'berg
SMA/jm ,~ /
Enclosures
off/ds080991
''&f' Norwest Properties, Inc.
~ PROPERTIES Norwest Center
· ~l~ Sixth and Marquette
~''~ff Minneapolis, Minnesota 55479-2055
612/667-5900
FAX: 612/667-5124
August 9, 1991
Mr. Doug Sandstad
Building Official/Zoning Administration
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
RE: Norwest Bank New Hope
Drive up Expansion
Dear Mr. Sandstad:
Concerning the proposed drive up expansion at our New Hope facility.
This letter is to confirm that there are no semi-trailer deliveries made to
the facility and that deliveries made to the facility are made by van type
vehicles.
I trust this is the confirmatio, n you require regarding this issue.
Sincerely, //~¢ ,,I ~-/¢
Walfrid Ashlie Jof~nson
Assistant Vice President
Construction Manager
WAJ/csb
cc: T. Parish
R. Seeger
D. Meek
J. Stefano
D.. Watschke
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-21
Request: Request for A Variance to the Maximum Signage Allowed to Allow
Addition of a Pylon Sign
Location: 8320 42nd Avenue North
PID No.: 18-118-21-12-0003
Zoning: B-2 (Retail Business)
Petitioner: Norwest Bank Minnesota
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACK(~ROUND
1. The petitioner is requesting a variance to the maximum signage allowed to allow the
addition of a pylon sign, pursuant to Sections 3.465(1) and (2) of the New Hope Code.
2. The property is zoned B-2 Retail Business and is located at the northwest intersection
of 42nd and Xylon Avenues.
3. The petitioner is requesting to install a 75 square foot ground sign at the southeast
comer of the property which would face east/west along 42nd Avenue. The sign would
have an aluminum face with routed copy and contain the Norwest Bank logo and "Instant
Cash" lettering.
4. For single occupancy businesses the Sign Code allows the following:
Front Wall - not more than 2 signs on the front wall of any principal building with total
area not exceeding 15% of the area of the front face and total area of each sign not
exceeding 125 square feet.
Side/Rear Wall -total area shall not exceed nine (9) square feet. If the main entrance
opens on a side/rear wall, the side or rear wall may be signed similar to the front wall
but may not exceed 125 square feet.
Ground Signs - not more than 2 ground signs are permitted, or one ground sign if the
building contains more than one wall sign over ten (10) square feet.
In this case, City Code would allow:
Wall sign 125 square feet (south only)
Ground sign- 150 square feet (2 - 75 sq. ft. each)
Total - 275 square feet (three signs)
5. In 1974 Planning Case No. 22, variances were granted for four (4) 95 square foot wall
signs (one each side of the building) for a total of 380 square feet of wall signs. The
variances were approved for Minnesota Federal subject to the condition that no ground
signs be in~qtalled except for two small traffic control signs.
Planning Case Report 91-21
September 3, 1991 ~'~
Page -2-
6. The petitioner desires to keep the four existing 95 square foot wall signs and install a new
ground sign (75 square feet) for a total of 455 square feet of signage on the property.
275 square feet of signage is allowed by City Code, 380 square feet was approved by
variance in 1974, and 455 square feet is being requested with the addition of the new
ground sign (summarized below), therefore a variance to the maximum signage allowed
on the site is necessary.
CITY CODE: 74-22 VARIANCE: PROPOSED
Wall: 125 sq. ft.(south only) 95 sq. ft. - all four walls 95 sq. ft. all walls
Ground: 75 sq.ft.(two signs) NONE allowed 75 sq. ft.
Total: 275 sq. ft.(three signs) 380 sq. ft.- four wall signs 455 sq. ft.
7. Adjacent land uses/zoning include the Marquette Bank across Xylon Avenue to the east
(B-4), Gethsemane Cemetery to the south across 42nd Avenue (R-l), apartments to the
west (R-4), and the Fire Station/City Hall Complex to the north (R-l).
8. The petitioner states that the request should be granted for increased visibility along 42nd
Avenue.
9. Property owners within 350' of the request have been notified and staff has received no
inquiries about the request.
ANALYSIS
1. The architectural firm that is petitioning on behalf of the bank for the Site/Building Plan
Review and Conditional Use .Permit for a drive-thru facility (Planning Case 91-20)
specifically requested that the sign variance be treated as a separate case, as bank
identification signs are not associated with the application.
2. Staff has requested plans showing all current Norwest wall signs. The Building Official
confams that Norwest is utilizing the same area (square footage) for wall signs on all four
elevations that was granted to Minnesota Federal.
3. City Code states that where there are practical difficulties or unnecessary hardships, a
variance to the Sign Code requirements can be granted if a finding of fact based on the
following conditions is made:
-Unique Conditions -that the conditions involved are unique to the particular parcel of
land or use involved.
-Variation Pu _rpose -that the purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the business involved.
-Cause of Hardship - that the alleged difficulty or hardship is caused by this Sign Code
and has not been created by any persons presently having an interest in the parcel.
-Effect of Variance -that the granting of the variation will not be detrimental to the
public welfare of injurious to other land or improvements to the neighborhood.
Planning Case Report 91-21
September 3, 1991
Page -3-
-Impairment of Light and Air - that the proposed variation will not impair an adequate
supply of light and air to adjacent property, or substantially increase the congestion of
the public streets, or interfere with the function of police/fire departments of the city.
4. Staff does not find that a reasonable hardship exists to grant the variance. The stated
purpose is to increase the visibility (value) of the business and the variance cannot be
based exclusively on that purpose.
5. The proposed ground sign meets the setback requirement to property lines (10 feet), the
maximum area requirement (75 square feet), the sign height requirement (20 feet), and
the clearance from sign to grade requirement (9 feet).
6. Staff recommends that the bank remove/reduce the non-conforming wall signs, after
which the proposed ground sign could be installed without need for a variance.
7. The original wall sign variances appear to have been granted because at that time the
total signage proposed was supposedly less than what could be permitted on the site.
However, the sign ordinance has been amended several times since 1974 and the
proposed signage now significantly exceeds what is allowed on the site.
RECOMMENDATION
Staff recommends denial of the request for a variance to install a new ground sign and exceed
the maximum signage allowed on the site due to the fact that no hardship exists and previous
variances were granted subject to the condition that no ground signs would be installed. The
Commission may want to table the request if the petitioner is willing to revise the request and
reduce/eliminate the excessive wall signage on the site.
Attachments: Section/Zoning Maps
Site Survey
Pylon Sign Elevation
1974 Minnesota Federal Savings Planning Case Minutes
Norwest Sign Elevations
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PLANNING CASE NO. 74-22
Plannin~ Case No. 74-22 (Variance Sign Ordinance - Xylon and Rockford Road - Minnesota Federal).
Mr. Jim Vogt, architect representing Minnesota Federal, said they were not asking for really a
variation of the sign code but rather to use the signage permitted somewhat differently. Mr.
Vogt stated the code would allow 200 square feet of sign on the face of the building and possibly
200 on the rear. The signs as Minnesota Federal shows them are on all four faces of the building
with each face having 94.6 square feet. Minnesota Federal feels their signs are an intricate
part of the building design. They have become a public image for Minnesota Federal. They have
several of these buildings around the metropolitan area. They feel that the public has begun to
recognize it as their building and they woudd like to have the signs on all four sides of the
building. There will be no pylon or ground signs although they would be allowed to have one.
The present sign for Minnesota Federal on Rockford Road will be removed and used as a sign at
some other temporary location once the new building is complete. Mr. Vogt felt the signs enhance
the appearance of the building. The signs would have 20 inch high letters.
Commissioner Cameron asked Mr. Vogt if there would be any kind of lighting. Mr. Vogt answered that
the signs would be internally lit. Each letter is lighted independently. A time clock controls
the hours which these lights will be lit. Sometimes they have a solar control. Lights come on
about dusk and will usually run until about midnight.
Commissioner Oswald moved, second by Commissioner Cameron, to recommend approval of Planning Case
No. 74-22, variance in sign ordinance to allow Minnesota Federal to put up the signs as proposed
on all four sides of the building subject to no ground signs except for the two small traffic con-
trol signs.
Further discussion held.
Commissioner Oswald commented that the Commission would not normally take such an easy approach
to a massive sign ordinance change except that this sign is done in such good taste and the total
signage is much below what could be permitted. Motion carried on voice vote.~ '--~'- ~ ~'
Planning Case No. 74-22, request for variance in sign ordinance for Minnesota Federal, northwest
corner of Xylon and 42nd Avenues, was considered.
Minnesota Federal is requesting permission to provide their standard signing on their new building.
The specific request is to allow a building identification sign "Minnesota Federal Savings" of
94.62 square feet on all four sides of the building. Mr. Voigt, Architect, appeared on behalf of
Minnesota Federal.
There will be no ground signs other than two 2.85 square foot, 40 inch high signs to direct
people to the drive-up window.
Motion by Councilman Enck, second by Councilman Hokr, approving variance in sign ordinance as
requested by Minnesota Federal under Planning Case No. 74-22, subject to there being no other signs
on the site other than the two small ground s.igns above noted.
Voting in favor: Erick$on, Enck, Hokr, Johnson, Meyer. f ~
Voting against: None. ': ,~','~, /' . . ~ ~ '~.-' ~'
Motion carried.
DATE: Apri 1 2, 1974
CASE: 74- 22
REQUEST: Variance i n Si gn Ordinance
PETITIONER: Minnesota Federal Savings
LOCATION: NW Corner Xylon and 42nd Avenue
STAFF FINDINGS AND COMMENTS:
1. As noted earlier by the petitioner, Minnesota Federal
· ' would like to provide their standard signing on the new
building they are starting at Xylon and 42nd. Their
specific request is to allow a building identification
sign "Minnesota Federal Savings" of 94.62 square feet
(.054 of building face) on all four sides.
In addition they are proposing two ground signs of 2.85
square feet each; 40 inches high, to direct traffic to
the drive-up teller window. These will be the only
ground signs.
2. The ordinance will allow the proposed signs on the north
side (the main entrance off the parking lot) and on the
south side facing 42nd Avenue. These signs could be up
to 200 square feet in area or 15% of the building face.
As noted they will only be 94.62 square feet and just
over 5%.
On the sides of the building the limit is 9 square feet -
again 94.62 is proposed.
The ordinance also allows 60 square feet in a ground sign
identification for the site plus up to three more signs.
The other three signs, if set back 1 1/2 times normal
setback, could also be up to 60 square feet in area.
3. In essence then, Minnesota Federal. would like to spread
380 square feet of sign around the building. They could
have a minimum of 478 square feet without question. For
permitting wall signs on 4 sides, they are not going to
have the permitted ground signs.
4. Obviously there is some room for negotiation - like
smaller wall signs on the west and north for example.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-22
Request: Request for A Conditional Use Permit to Allow Establishment of a Pre-
school and Child Care Center
Location: 3701 Winnetka Avenue North
PID No.: 18-118-21-44-0038
Zoning: R-O (Residential Office)
Petitioner: Rohan/Helen DeAlwis
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACKGROUND
1. The petitioner is requesting a COnditional use permit to allow establishment of a pre-
school and child care center, pursuant to Sections 4.093(1), 4.064(1), and 4.054(1) of the
New Hope Code.
2. State licensed day care facilities serving 13 or more people are allowed by conditional use
if specific conditions are met.
3. The Bassett Creek Montessori School wants to establish a Montessori Pre-school/Child
Care facility in the New Hope area to serve the communities of New Hope, Plymouth,
Crystal, and Golden Valley. The petitioner states they have received many inquiries from
residents in this area who are in need of quality pre-school programs and child care
facilities for their children. Petitioner states that surveys indicated an immediate need
for pre-school, latch-key and child care programs due to the substantial population growth
in the pre-school/kindergarten age group.
4. Petitioner is interested in purchasing the vacant office building at 3701 Winnetka Avenue
for this purpose due to its convenient location and good accessibility.
5. The school plans to enroll approximately 30 students in the age group of 33 months to
6 years. Extra-curricular activities would be conducted in addition to the regular school
programs.
6. The school's hours of operation would be from 7:00 am to 5:30 pm, Monday through
Friday, on a year-round basis. The staff at the facility will consist of a Directress and
three teachers/assistants.
7. Petitioner plans to do basic remodeling on the interior of the building by removing
partition walls to make the space more functional. A fenced playground area with
playground equipment is proposed for the west side of the building.
8. The property is zoned R-O, Residential Office, and surrounding zoning/land uses include:
New Hope Animal Hospital to the north (R-O), Northwood Park/Bassett Creek to the
south and west (R-l), and Bethel Cemetery in Crystal to the east across Winnetka
Avenue.
Planning Case Report 91-22
September 3, 1991
Page -2-
9. The parcel contains .6acres and the building contains 3,100square feet (on two floors).
10. The topography of the site is gently sloping on the northeast and slopes severely on the
south and west towards the floodplain.
11. Property owners within 350' of the request have been notified and staff have been
contacted by one resident who is adamantly opposed to the establishment of a day
care/school at this site due to the increased noise and traffic they feel will be generated.
ANALYSIS
1. The conditions that must be met for the establishment of a day care facility include the
following:
A. Accessory_ Use - the day care facility is an accessory use of a building used for
educational or religious purposes.
B. Hours of _Operation -facilities operating hours are limited to 6:30 am to 6:30 pm.
C. Front Yard Setback -minimum of 30 feet.
D. Off-street Parking -adequate parking and access provided in compliance with City
Code.
E. Off-street Loading -adequate off-street loading and service entrances must be
provided.
F. Outdoor Play Area - outdoor play areas are landscaped and screened form
abutting residential properties.
G. Street Access - the site and parking is served by an arterial or collector street of
sufficient capacity to accommodate the traffic that will be generated.
II. Signs - all signing in compliance with City Code.
I. General Conditional Use Rea_uirements to be met.
J. State Regulations -no facility shall begin operation without a state license.
K. Building and Fire Codes -all applicable building and fire codes to be complied
2. In addition, the following general CUP requirements are to be met:
A. Traffic - non-residential traffic to be channeled onto thoroughfares and not onto
minor residential arterials.
B. ~-proposed use to be sufficiently separated by distance or screening from
adjacent residentially zoned land so that existing homes will not be materially
depreciated in value.
C. Compatible Appearance -the structure and site shall have an appearance that will
not have an adverse effect upon adjacent residential properties.
Planning Case Report 91-22
September 3, 1991
Page -3-
3. The staff finds that items 1D (off-street parking), 1E (off-street loading), and 1K (building
and fire codes) need to be addressed and corrected.
4. A total of 14 parking spaces are required for 30 students and only 11 are shown on the
site plan.
5. Loading (drop-off and pickup) is inadequate.
6. Building code issues have not been resolved.
7. The following site improvements are necessary (Refer to Staff Exhibit A):
A. Green area needs to be restored on northeast comer (area Z) to include removal
of asphalt and installation of sod to correct non-conformity and match new
development to north (Animal Hospital).
B. Restripe parking lot with 11 spaces, per City Code (8'9" wide) and provide 12'
wide end space for handicapped parking.
C. Provide revised, detailed site plan with one-way drop-off/pickup lane added
(similar to exhibi0. Provide curbing on the new drive, signage and one-way
arrows on asphalt. Filling will be required and a Curb Cut Permit from Hennepin
County (County responded favorably to a new one-way curb cu0.
D. Owner must prove that employee/visitor/customer parking needs will be handled
with 11 spaces or expand lot. There is room to west for parking expansion. The
revised side plan could illustrate 11 stalls plus "future 3 stalls", so if need develops
these stalls could be required.
E. Building Code issue need to be resolved.
F. Retaining wall in rear of property is deteriorating and requires an engineered
rebuilding.
G. Building and grounds appear to be seriously neglected from the exterior and
entire property needs upgrading.
H. Additional landscaping in the front and north side yard is needed.
There is also a problem with the Zoning Code text. The same conditional uses allowed in the
R-O District are allowed in the R-2 District and the same uses allowed in the R-2 District are
allowed in R-1 District. Day care facilities are listed as a Conditional Use in the R-1 District,
however one of the conditions is that the day car facility is an accessory use of a building used
for educational or religious purposes. This Montessori School is intended as a principal use -
not an accessory use. Public Educational and Religious Buildings are also allowed as conditional
uses, however it is questionable whether this "school" fits that definition and/or whether or not
a use can be an accessory use unto itself.
Planning Case Report 91-22
September 3, 1991
Page -4-
The City's Planning Consultant has reviewed this issue and feels that a day care facility was
intended to be a principal - not an accessory use - and that there is an error in the text of the
ordinance. Or else the R-O District should roll-over to the R-3 District, which allows day care
centers as a principal use. In any case, a text amendment or a clarification of the ordinance
should be sought. The City Attorney also agrees that there is a glitch in the ordinance.
RECOMMENDATION
Due to the number of issues that must be resolved on the site plan, staff recommends tabling
the case for one month until new plans can be submitted.
A Zoning Code text change should also be explored by the Codes & Standards Committee so
that a text change could be considered at the next Commission meeting.
Attachments: Zoning/Section Maps
Petitioners' Letter
Site Plan with Recommended Revisions
Floor Plans
Building Elevation
-R-O
GETH~MANE
CEMETERY SCHOOL
BETHEL
CEMETERY
BASSETT CREEK MONTESSORI SCHOOL
4735 Bassett Creek Drive
Golden Valley MN 55422
(612) 521-2232
August 7, 1991
PLANNING COMMISSION & CITY COUNCIL
City of New Hope
4401Xylon Avenue North
New Hope MN 55428
Request for a coditional use permit to establish
a Montessori Pre-School/Child Care Center
Dear Members;
The Bassett Creek Montessori School, is interested in establishing a
Montessori Pre-School/Child Care facility in the New Hope area, to serve the
communities of New Hope, Plymouth, Crystal and West Golden Valley. We have received
many inquiries from residents in the above mentioned areas, who are in need of
quality Pre-school programs and Child care facilities for their children.
Further more, the said areas have in the recent years experienced a substantial
population growth in the Pre-school/Kindergarten age group, and our surveys indicate
that an immediate need exists for Pre-school programs, Programs for young school age
children (Latch-Key) and Child Care facilities.
We have located a suitable building in New Hope, which we are interested
in purchas*ng fo the above mentioned purpose. The said building is conveniently located
and is easily accessible to residents in New Hope, Plymouth, Crystal and to many
parents who are employed in the area. Hence, we wish to kindly request that a conditional
use permit be issued, in order to establish a Montessori Pre-School and a Child Care
Center at 3701, Winnetka Ave. N. New Hope, provided the said property is approved
by the City of New Hope.
The Bassett Creek Montessori School plans to enroll approximately 30
students, primaryly in the Pre-school/Kindergarten age group of 33 mos.to 6 yrs.
The school will offer a Montessori Pre-School program, Kindergarten and a Latch-Key
program. In addition to the above programs, extra-curricular activities such as Music
& creative movements, Swimming, Computor classes, Spanish, French, Drama, Arts & Crafts,
Field trips, etc. will be conducted. These programs and activities are both enjoyable
and a valuable learning experience to the children. The school will operate from 7.00
A.M. to 5.30 P.M. Monday through Friday year round. The academic year is from September
to May, and A fun-filled Summer program is offered June through August, which lays
more emphasis on extra-curricular/Outdoor activities.
The school will have a fenced Play ground with suitable play ground eqpt.
and will be located on the west side of the building.
The staff in the facility will consists of a Directress, and approximately
three Teacher/Assistants.
The school plans to do basic remodeling in the interior of the building
by removing some partion walls, to make the space more functional and appropriate
for the operation of a Child care facility.
We would greately appreciate if the above request is given due consideration,,
and we will be happy to provide you with any other information you may require.
Thank You,
S i ncer{e~. ~,
~ Alwis ~
~~~Helen De ATw~~
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-23
Request: Request for A Conditional Use Permit to Allow Construction of a 95-foot
Antenna Tower and 12' x 36' Equipment Building
Location: 5700 International Parkway
PID No.: 06-118-21-31-0019/06-118-21-31-0029
Zoning: I-1 (Limited Industrial)
Petitioner: US West Vector Group, Inc.
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACKGROUND
1. The petitioner is requesting a conditional use permit to allow construction of a 9S-foot
antenna tower and 12' x 36' equipment building, pursuant to Section 4.142(14) of the
New Hope Code.
2. The application is in the name of U.S.West New Vector Group, Inc., a part of U.S.West,
Inc., which is one of the regional holding companies formed as a result of the breakup
of A.T.&T.
3. The petitioner is requesting to lease land from the City on the north side of Victory Park
so that a self-support monopole antenna used for cellular telephone communications can
be erected. The site would be accessed from International Parkway. A small building
would be constructed near the base of the tower, which would house cellular
communication equipment on the site.
4. Cellular service is provided through a grid of antennas arranged geographically in a
hexagonal pattern of ~cells~. Each cell can only handle a certain number of calls and as
the number of customers increase, more cells must be created in the same area resulting
in a new grid pattern of smaller cells.
5. The antenna at Victory Park would increase the capacity of the system in New Hope and
the surrounding area and the petitioner has been working over the past several months
to locate an antenna site in New Hope to solve cellular phone service coverage needs.
6. Petitioner has submitted a detailed application with exhibits addressing 911 service,
impact on property values, and interference from the antenna.
7. Cellular One and IJ.S.West New Vector, both cellular telephone companies, have entered
into numerous lease agreements which allow them to use city water towers and/or public
property for the purpose of installing, maintaining, and operating antenna facilities.
Petitioner is proposing to lease the land from the City for a 20-year period (one 5-year
lease and 3 five-year options) for a fee of $750 per month/S9,000 per year, and staff is
recommending that the revenue be dedicated to parks. The City Attorney is in the
process of reviewing the lease agreement, which would be acted on by the City Council.
Planning Case Report 91-23
September 3, 1991
Page -2-
8. Victory Park is located in an I-1 Light Industrial Zoning District and surrounding
zoning/land uses include: Pheasant Park Apartments to the east (R-4), the park
soccer/ball fields, International Parkway and I-1 zoning to the south, Snap-On Tools to
the west (I-l), and warehouses across International Parkway to the north.
9. The Zoning Code does not clearly address a cellular tower and equipment building on
City property regulated by the FCC. This is neither a 'Radio & TV Antenna Farm" or
a Cable TV Studio' (which are both I-1 permitted uses), but has elements of both and
is consistent with the conditional use permit general description/criteria.
10. The building height limitation is 3 stories for the I-1 District, but poles, towers and other
structures for essential services are listed as exceptions.
11. Property owners within 350' of the request have been notified and staff has received no
inquiries about the request.
ANALYSIS
1. Conditional Use Permit criteria that should be considered include the following:
A. Compatibility - the proposed use should be compatible with adjacent land uses.
The antenna is a compatible use in an industrial district and would not adversely
impact the development of surrounding properties.
B. No De_vreciation in Value - the proposed use will not tend to or actually
depreciate the area in which it is proposed. Petitioner has submitted an investi-
gation by a real estate appraisal firm which states that they found no measurable
impact to property values lying in close proximity to towers in either residential
or industrial settings.
C. Nature of Adjoining Buildines and Lands - staff finds that the proposed use is
compatible with all buildings in the area except on the east side where the apart-
ments exist. There is a distance of 760 feet from the tower to the nearest apart-
ment and staff finds this is a generous buffer (wetlands) between the two uses.
D.Similar Use Nearby -another Cellular One tower is located 2/3 of a mile south
of this site at 5010 Hillsboro Avenue.
E. Traffic- the proposed use should not cause traffic hazards or congestion, as only
one car per month will visit the building briefly.
F. Corn_r~atible A__r~arance -the equipment building at the base of the tower will be
a prefabricated building with an exposed aggregate (rock-like) surface, intended
specifically to match/blend with the Snap-On Tool building to the west.
(3. Noisance Factors -nuisance characteristics generated by the use should not have
an adverse impact upon existing development in the area. The main staff concern
is site maintenance. Aesthetics, such as paint color and frequency, should be
September 3, 1991
Page -3-
H. F, conomic Return -the use should provide an economic return to the community
commensurate with other industrial uses the property could be feasibly used for.
Improved communications will be a benefit to the City and the lease payments
should offset all City Costs.
2. Staff members, including the Director of Parks & Recreation, met with the petitioner
on several occasions to give input during the development of the plan. Petitioner's
original location was at the south end of the park near the fields and park building. Staff
requested that the tower be moved north, away from the areas utilized by park users.
3. The long-range park plan shows a future parking lot on the north end with two (2) curb
cuts. U.S.West will be providing one of the curb cuts if the tower it approved.
4. Design & Review met with the applicant on August 15th and the issues discussed
included: tower height and construction, building materials, landscaping, curb cut and
drive surfacing, parking, fencing, lighting, noise, lease terms, and general maintenance.
Revised plans with additional landscaping on the north, curb cut and drive area were
submitted as a result of the meeting.
5. The staff report has been submitted to members of the Citizen Advisory Commission for
comment and input.
6. Staff is requesting that the area around the site (5,000 square feet be sodded). The
monopole would be surrounded by a 12-foot fence with crushed rock inside the fence
around the base of the towers. No barbed wire should be installed at the top of the fence
do to its location in a City park. The monopole would have a grey finish and the
buildings' trim would be dark brown.
7. Staff finds that this is a reasonable use in this remote area of the park.
RECOMMENDATION
Staff recommends approval of the conditional use permit for U.S.West for a 95-foot monopole
transmission tower and equipment building at the north end of Victory Park subject to the
following conditions:
1. Survey be provided prior to tower construction.
2. A soils engineer must evaluate foundation area.
3. Development agreement and bond be required for all landscaping.
4. Approval of lease agreement and terms by City Council.
5. All 18 trees proposed on plan must have a minimum trunk diameter of 2-1/2 inches.
6. Comments received from Citizen Advisory Commission to be addressed.
7. 5,000 square feet of sod to be installed around site.
8. Maintenance of the area for the term of the lease (mowing, etc,) to be agreed upon
between U.S.West and City. If City maintains, additional lease payment could be
required.
Planning Case Report 91-23
September 3, 1991
Page -4-
Attachments: Zoning/Section Maps
Petitioner Project Description Letter
Original/Revised Site Plans
Elevations
Exhibit A - Photo of Site
Exhibit B - Letter re: 911 Service
Exhibit C- Letter re: Property Values
Exhibit D - Letter re: Interference
Rental Amounts for Antennas on Public Property
Plan for Cell Sites
Photo of Minneapolis Monopole
Victory Park Map
Staff Exhibits A & B
5'100
, SCIENCE ---- 5r,,z~' ,~.'t
I~uSTRY
~ HOSTERMA
~ JR HIGH SCH(
~/ PUBLIC
~3o ;ENTER
CENTER ~IV[ ~
.
8 August 1991
New Hope Planning Commission Members
c/o Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: Proposed Cellular Telephone Antenna at Victory Park
Dear Planning Commission Members:
This letter accompanies an application for a Conditional Use Permit to locate a cellular
telephone antenna at Victory Park. The application is in the name of U S WEST
NewVector Group, Inc. (USWNVG). USWNVG is part of U S WEST, Inc., one of the
regional holding companies formed as a result of the break up of AT&T. Dahlgren,
Shardlow, and Uban, Inc. has been authorized by USWNVG to act as its representative
for planning and zoning matters.
Specifically, we proposed to construct a 95 foot self support antenna and a 12' x 36'
equipment building. The site will be accessed from International Parkway.
The Cellular Phone System
The primary users of cellular telephone service are members of the business community
and the public sector. The phone becomes a useful tool leading to increased
productivity. Doctors, builders, salespersons, business owners and executives all benefit
by using cellular phones. Additionally, cellular is extensively used in the public sector
principally by fire and police departments. Cellular allows police and others to conduct
discreet communication in the field. Citizens can contact "911"to report accidents, fires
or other emergencies. The cellular phone system interfaces fully with the "911"
emergency reporting system. Mr. James R. Beutelspacher, 911 Project Manager for
Minnesota recently wrote, "the unimpeded growth of cellular service is an important
adjunct to 9-1-1- emergency reporting". His letter is attached for your information as
Exhibit B.
New Hope Planning Commi~ion Members 2 ~
Cellular Grid System
Cellular service provides subscribers with office quality phone service by developing a
grid of antennas arranged in a geographically hexagonal pattern. Each hexagon is a
"cell"created by an antenna and serves as the link between the customer and the system
while the customer is within that particular cell. Each cell can only handle a certain
number of calls simultaneously. As the number of customers increase, the grid must be
changed to handle the appropriate number of simultaneous calls. This usually means
that more cells need to be created within the same area resulting in a new grid pattern
of smaller cells. A new antenna must be constructed each time a new cell is created.
As the grid matures and more cells are added, antennas are made shorter because of
each cell's smaller coverage area. Antennas are also constructed to expand the grid of
coverage into new areas. The antenna at Victory Park is being proposed to increase the
capacity of the system in New Hope and the surrounding area.
Search Area Criteria
We have working for several months to locate an antenna site in New Hope to solve
cellular phone service coverage needs. Many factors go into the selection of a location
for an antenna site. These include market factors, technical considerations, cellular grid,
zoning and land use compatibility, landowner willingness to sell or lease, land forms of
the surrounding area, existing buildings and other obstructions, and accessibility to roads.
All of these factors taken together create a narrow site search area for location of the
antenna.
The technical aspects of fitting a new cell site into the grid pattern dictates a small
search area for new antenna sites. The search area is further refined by topographical
features and a sophisticated computer modeling that takes into account existing antenna
sites, predicted coverage of the new cell and FCC service area requirements. Federal
Aviation Administration regulations must also be followed in locating and constructing
antennas.
Once the search area has been defined by these technical constraints, zoning and land
use factors can be addressed. We have discussed the regulations with respect to
telephone and radio antenna towers with City staff at the planning office. From these
discussions and our review of the City Zoning Code, it was apparent that since we are
proposing to locate an antenna in an Industrial District, we would need to pursue a
Conditional Use Permit because of the height of the antenna.
Local Zoning Requirements
Section 4.142 provides for the installation of antennas within the I-1 District subject to
the approval of a Conditional Use Permit.
New Hope Planning Commission Members 3
Conditional Use Permit Criteria
Section 4.21 in the New Hope Zoning Code addresses the criteria which must be met
before a Conditional Use Permit is granted. Each finding is addressed below:
The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official
Comprehensive Municipal Plan of the City.
The purpose of the zoning ordinance is to implement the comprehensive plan.
According to City staff, the zoning ordinance allows cellular antenna towers as a
conditional use in the I-1 Limited Industrial District.
The proposed use is compatible with its adjacent land uses.
An antenna is a compatible use in an industrial district and would not adversely affect
the future development of the surrounding properties.
The proposed use conforms with all applicable performance standards contained
in the City's Code.
The site plan included with this application illustrates the proposed location and
appearance of the antenna structure. The location of the building and self support
antenna meet the required performance standards of the City's ordinance.
The proposed use will not tend to or actually depreciate the area in which it is
proposed.
The existence of cellular telephone antennas have been shown not to appreciably affect
the property values even in residential areas. An investigation of properties near towers
was conducted by Patchin and Associates~ Inc., a real estate appraisal firm. In a letter
from Mr. Patchin, he states that he found no measurable impact to property values lying
in close proximity to towers. Mr. Patchin studied antennas in both industrial and
residential settings.
The proposed CUP meets the criteria specified for the various zoning districts.
This use meets all of the other zoning regulations in the I-1 District.
New Hope Planning Commission Members
I hope this letter will serve to better explain our application and answer some of your
questions. If we can be of further assistance, please contact me at 339-3300. We will be
in attendance at your meeting on September 3, 1991 to make a full presentation and
fully address any questions that you may have. We appreciate your assistance and look
forward to working with you to improve cellular phone service in the New Hope area.
Sincerely,
DAHLGRE~, SHARDI~0W, AND UBAN, INC.
C. John Uban, ASLA
President
Attachments: :
Check for Application and Filing Fee and Deposit in the Amount of $450
Completed Conditional Use Permit Application Form
Site Plan
Exhibit A - Color Xerox Copy of Photo of Site
Exhibit B- Letter from James R. Beutelspacher, Re: 911
Exhibit C -Letter from Peter J. Patchin, Appraiser
Exhibit D- Letter from Albert S. Jarmtt, Jr., Re: Interference
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WVECTOR GROUP, IN,C.. o,,.o,,.5,,o ,o,,o ,,,.,,,
EXHIB~, ~ A
EXHIBIT B
November 1, 1989
Department of
Administration
Mr. Ron Sanders
lnt,rTc,hnoiogi,s Regional General Manager
(Group U.S. West Cellular
Opus Gateway, Suite 410
9800 Brenn Road East
Minnetonka, Minnesota 55343
Dear Mr. Sanders:
I am wdting to thank you for your continued cooperation in providing the best possible 9-1-1 service
to your subscribers and to express my support for further cellular growth.
As you know, the public safety community began receiving 9-1-1 emergency calls from cellular
users from the start of cellular service. The 9-1-1 system improves the level of public safety
service to the community by allowing faster and easier emergency reporting. Cellular service
enhances that capability by allowing 9-1-1 calls from the scene, regardless of landline telephone
availability. It provides the opportunity for on-the-spot emergency reporting.
Your effort to help route cellular 9-1-1 calls to the proper public safety answering point and advise
your subscribers about 9-1-1 availability has been a significant help to public safety. In 1986, the
Golden Valley State Patrol dispatch center answered about 300 cellular 9-1-1 calls per month. This
year, well over 2,000 calls a month are responded to. That increase indicates both your success
in selling cellular telephones, and your help in educating Your subscribers about 9-1-1. Many of
those 9-1-1 calls reported emergendes located away from conventional telephones, so cellular
saved predous time. The mobility of cellular service complements the universality of the 9-1-1
system to provide a real benefit to the community.
It has been a pleasure working with you to bdng the benefits of 9-1-1 and cellular service to the
communities of Minnesota. Minnesota is proud of our accomplishment of statewide 9-1-1. Your
efforts at eventual statewide cellular service is appreciated and encouraged. Tile unimpeded
growth of cellular service is an important adjunct to 9-1-t emergency reporting. We look forward
to further joint efforts to provide this service to more Minnesotans.
Sincerely,
,J~mes"R.' Beutelsp~cBer ~
'State 9-1-1 Project Manager
Business Technologies Division
mf
cc: John Shardlow
~r)~.~ ('edar ~ ..... DSU Incorporated
~t ,...,. M, ...... ~.~,~.~ Minneapolis, Minnesota
EXHIBIT C
Peter J.
Patchin
& Associates, Inc.
Valuation Consultants
14300 Nicollet Court. Suite 240. Burnsville. Minnesota 55337 (612) 435-5999
April 19, 1988
U.S. West New Vector Group, Inc.
3350 !51st Avenue S.E.
P.O. Rox 7329
Seilevue, WA 98008
RE: MIN - B, B1
Credit River Township
Scott County, Minnesota
lc~n: H.E. King:
Gentlemen:
At your request I have investigated the potential market value
impact of the proposed cellular communication tower which is to be
located on the Minneapolis Gun Club site on Judicial Road.
The proposed tower is to be 350 ft. tall, single pole, with quy
wire support. The specific purpose of this study was to estimate
the market value impact, of the proposed tower, upon properties in
the surrounding neighborhood.
The surrounding neiqhborhood is of a predominantly rural character
with scattered single family dwellings and small farms located on
large acreage lots.
The presen% Scott County zoning is A-2 Agricultural District. This
zoning is intended for current use as agricultural, but with a
gradual transition to single family residential. The minimum lot
size under this zoning is 10 acres.
The investigation as to market value impact included the inspection
of sites with the same type of tower as is proposed. Those sites
were:
12666 Dakota Ave. So. Savage, Minnesota
Industrial area with single family bluff top homes,
immediately to south.
1929 Eagle Creek Blvd., Shakopee, Minnesota
Light industrial area between Canterbury Downs
and the Hayer Addition, a single family residential
area overlooking tower site.
14950 Chippendale Avenue, Rosemount, Minnesota
Located next to City of Rosemount water tower
in a predominantly residential area.
A review of market data in these neighborhoods revealed no
measureable value impacts.
Contacts with well informed real estate brokers and assessors
familiar with these neighborhoods revealed no value impact.
Further, I reviewed appraisals I have made of properties lying in
close proximity to towers and found no value impact.
My conclusion is that given the subject location, there should be
no measureable value impact upon neighborhood properties.
PETER J. PATCHIN & ASSOCIATES
Sincerely,
Peter J. Patchin, MAI, CRE, ASA
President
Enc: Appraisal Qualifications of Peter J. Patchin
Peter J. Patchin & Associmes. Inc.
CERTIFICATION
(Real Estate)
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained-in this report are true and
correct.
2. The reported analyses, opinions, and conclusions are limited
only by the reported assumptions and limiting conditions, and
are my personal, unbiased professional analyses, opinions, and
conclusions.
3. I have no present or prospective interest in the property
that is the subject of this report, and I have no personal
interest or bias with respect to the parties involved.
4. My compensation is not contingent on an action or event
resulting from the analyses, opinions, or conclusions in, or
the use of, this report.
5. My analyses, opinions, and conclusions were developed, and
this report has been prepared, in conformity with the
requirements of the Code of Professional Ethics and the
Standards of Professional Practice of the American Institute
of Real Estate Appraisers.
6. The use of this report is subject to the requirements of the
American Institute of Real Estate Appraisers relating to
review by its duly authorized representatives.
7. The American Institute of Real Estate Appraisers conducts a
voluntary program of continuing education for its designated
members. MAI's and RM's who meet the minimum standards of
this program are awarded periodic educational certification.
Mr. Patchin is certified under this program through
September 15, 1990.
8. I have made a personal inspection of the property that is
the subject of this report. Other appraisers, signing this
report, who made a personal inspection of the property were as
follows: none.
9. No one provided significant professional assistance to the
persons signing this report, except as noted herein.
Peter J. Patchin & A~socia~es, Inc.
QUALIFICATIONS OF
PETER J. PATCHIN, AS APPRAISER
EARLY HISTORY
Born in Minneapolis, Minnesota in 1934. Elementary and secondary educa-
tion in Edina, Minnesota public schools.
BUSINESS EXPERIENCE
Cargill, Inc., Production Trainee, 1956-57.
U.S. Army Corps of Engineers, Topographic Mapping, 1957-59.
General Mills, Inc., Staff Engineer, 1959-61.
Patchin Appraisals, Inc., Staff Appraiser, 1961-65. Vice President,
1965-81.
Peter J. Patchin & Associates, Inc., President, March, 1981 to present.
EDUCATIONAL WORK
Kansas State University, B.S. Degree, with honors, 1956.
William Mitchell College of Law, 1977-78
AIP~EA Courses iA-l, lA-2, 1B-l, lB-2, lB-3, 2-1, 2-2, 2-3, and 7, all
passed during 1980, Litigation Course in 1985.
Original AIREA course work passed 1964 through 1968.
Currently attends two to three appraisal seminars per year, one to
three days duration each.
PROFESSIONAL AFFILIATIONS
Member, American Institute of Real Estate Appraisers (MAI)
Senior Member, American Society of Appraisers
Real Property & Business Enterprise - Intangible Property Designa-
tions (ASA)
Member, American Society of Real Estate Counselors (CRE)
Affiliate Member, Minneapolis Board of Realtors
Certified Business Appraiser (CBA) - Institute of Business Appraisers
1979
Licensed Real Estate Appraiser - State of Nebraska
PROFESSIONAL PUBLICATIONS
"Gross Multiplier vs. Capitalization Rates" - Valuation, November,
1971, Pages 88 - 95.
"Depreciation Methods and Market Experience" - The ADpraisal Journal,
October, 1980, Pages 503 - 510
"Grain Elevators, Three Approaches To Value" - The Appraisal Journal,
July, 1983, Pages 392 - 400
"Common Sense About Cash Equivalency" - The Appraisal Journal,
July, 1985, Pages 340 - 346
"Valuation of Contaminated Properties" - The Appraisal Journal.,
January, 1988, Pages 7 - 16
COURT EXPERIENCE
Qualified in District Courts in Minnesota, Michigan, Montana, and
New York
Qualified in U.S. Tax Court, State of Minnesota Tax Court, Federal Court,
District of Wisconsin
Peter J. Patchin & Azsociates, Inc.
QUALIFICATIONS OF
PETER J. PATCHIN (Continued)
APPRAISAL EXPERIENCE
Specializing in the appraisal of industrial, commercial and special
purpose properties, primarily to estimate market value on land,
buildings, machinery and equipment and intangible assets. Appraisal
experience on various types of properties include the following:
development lands, park lands, industrial river channel lands, utility
easements, office buildings, warehouses, factory lofts, shopping
centers, hotels, restaurants, service stations, apartment buildings,
grain elevators, flour and feed mills, breweries, malt plants, food
canneries, bakeries, dairies, bottling plants, schools, churches,
hospitals, machine tools, graphic arts plants, iron foundries.
Intangible asset experience includes leasehold interests, patents,
trademarks, copyrights, mailing lists, goodwill, as well as the valua-
tion of the entire business enterprise.
APPRAISAL CLIENTS INCLUDE
Aetna Life & Casualty Co. Louisana Highway Commission
Bay State Milling Co. Medtronics, Inc.
Burlington Northern, Inc. Metropolitan Airports Commission
Cargill, Inc. Minneapolis Community Development Agency
Certain-teed, Corp. Minnesota Department of Transportation
Control Data Corporation Minnesota Housing Finance Agency
Farmland Industries, Inc. Mennel Milling Company
Garnac Grain Co. North Dakota State Tax Commission
General Mills, Inc. Northern States Power Company
International Multifoods, Inc. Pillsbury Company
Jefferson Company Ralston Purina Company
K Mart Corporation Soo Line Railroad
Krause - Anderson Companies 3M Corporation
U.S. Internal Revenue Service
University of Minnesota
*The American Institute of Real Estate Appraisers conducts a voluntary
program of continuing education for its designated members. MAI's and
RM's who meet the minimum standards of this ~program are awarded periodic
educational certification. I am certified under this program through
September 15, 1990.
Peter J. Patchin ~ Associates, Inc.
EXHIBIT D
FEDERAL COMMUNICATIONS COMMISSION
FIELD OPERATIONS BUREAU {~0V ! -- 1990
October 29, 1990
693 Federal Building
316 N. Robert Street
St. Paul, MN 55101
Timothy G. Malloy
Dahlgreen Shardlow and Uban Inc.
300 First Avenue North
Suite 210
Minneapolis, MN 55401
Dear Mr. Malloy:
I am writing in response to your inquiry regarding FCC monitoring of cellu-
lar phone operations and the incidence of reports or complaints of inter-
ference with home electronic entertainment equipment.
The St. Paul Field Office, Field Operations Bureau (FOB) is the Bureau of
the Federal Communications Commission which is responsible for insuring
compliance with most of the techinal rules that the Commission administers.
We also provide a variety of services and special assistance to FCC
licensees and to the public. Generally, if there is a complaint regarding a
television, radio or other FCC licensed broadcasting entity in this region,
it would be registered with our office. The jurisdiction of the St. Paul
Field Office covers all of Minnesota and North Dakota and portions of South
Dakota, Wisconsin and Michigan. Complaints can be registered with us either
by telephone or by writing our office at the above address.
We have received no complaints of interference with home electronic enter-
tainment equipment in the Twin City area or anywhere within the jurisdiction
of our office as a result of cellular phone transmissions. This is not
surprising since the frequencies on which the cellular system is licensed to
operate are located in the ultra high frequency (UHF) band which is signi-
ficantly higher than radio and television frequencies. There are relatively
few other channels in this frequency range which broadcast programming
intended for the general public.
I hope this anwers your questions. If you need any further information
contact me at (612) 290-3819.
Sincerely,
Albert 6. Jarratt, Jr.
Engineer In Charge
PRB/cj
Enterprises Inc.
ME~D~
TO: KIRK ~DGNALD
FROM: BERNIE ~UNG
DATE: JULY, 15 1991
RE: ~ AMOUNTS FOR ~ SITES ON PUBLIC PRDPERI~
Cellular ~ne and U S West N~!ectur both cellular telephcne cc~uanies have
entered into lease agreements which allow them to use city water tc~ers and
or public property for the purpose of installing, m~ntaining and operating
antenna facilities.
Both cc~panies include the plac~Tent of antennas near or on the top of the
water tower itself or on a self support or mono pole, with a small building
structure to be ccnstructed very near the base of the tc~_r. The building will
house u~wards of $500,000.00 of cellular c~t. tunication equipment on site.
U S West NewVector's facility operation will not interfere with the function
of the water tower or /mpede city use of the property.
As the network of cellular phone cells develop over the seven county area and
expand into the outstate areas, the utilization of na~nicipal water tc~ers and
public property becc~ more and more ~t.t~n. Listed below for your information
are a number of recent community lease agre~rents and t_h~ir respective rental
amounts. Also enclosed is a plan for cell sites. Note the red dot for N~w Hope.
ROSE~DUNT U S ~ $216.76/mo 1984
~ U S ~ 262.50/mo 1989
WAXZATA cR~,~;ruAR CNE 345.00/mo 1985
SPRING LAKE PARK ~.?;~AR GNE 500.00/mo 1987
ST. LOUIS PARK c~.?lruAR ONE 575.00/mo 1988
~ CANADA C~.~;ruAR ONE 600.00/mo 1989
SHO~OO C~.~;/LAR ONE 600.00/mo 1989
WHITE BEAR LAKE U S WEST 666.00/mo 1989
INVER GROVE HEI~TI~ c~,?;ruAR ONE 700.00/mo 1990
EAGAN U S ~ 750.00/mo 1990
BU~SVI~.?,w. U S ~ 750.00/mo 1990
MI~4EAPC~S P~BLIC S~{OOLS U S ~]~ST 700.00/mo 1990
MENDOTA HEI~4TS U S WEST 800.00/mo 1991
PRIOR LAKE U S ~ 750.00/mo 1991
PRIOR LAKE c~,~;V=~R ONE 750.00/n~ 1991
S(L~H ST. PAUL U S WEST 750.00/mo 1991
GOI/]EN VA?,?~Y c~.?;U~R ONE 750.00/mo 1991
7128 Bristol Blvd. · Edina, Minnesota 55435 · 612-927-0089
~.lllg~lJd't ~1,1;,' l'~lt~,l,lt~ ~t" '~ltX)l,, - IO.~;t~;Y ~l[l[~lt)l~ I11(;11 - cJO' I~IONO l~OI.l'~
~ INTERNATIONAL PKWY
LANDSCAPE PLAN ANDSITE PLAN'
B
. ~'b .... 374.25 ..... ~ -' -
PROPOSKD TO~rl~
BUILDING ,
80'
~ ~ rPERMANENT EASEMENT
(Granted-1983)
283 65
D~CRIPTI ONe
PERMANENT UTILITY EASEMENT FOR UTILITY
PURPOSES OVER. UNDER AND ACROSS THE
SOUTH 20' of the NORTH 199' of the W~T 5~'
LOTI,BLOCK 21 SCIENCE INDUSTRY PARK
NEW HOPE, MINNESOTA
~~ ~NE, ~KK & A~ I~
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-24
Request: Request for A Conditional Use Permit to Allow A Convenience Store with
Gasoline and Interior Remodeling of Building
Location: 3535 Winnetka Avenue North
PID No.: 19-118-21-11-0001
Zoning: B-3 (Auto-oriented Business)
Petitioner: Fina Serve
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACKGROUND
1. The petitioner is requesting a conditional use permit to allow a convenience store with
gasoline and interior remodeling of the existing building, pursuant to Section 4.124(2) of
the New Hope Code.
2. The property is located in a B-3 Auto-oriented Business District at the southwest comer
of 36th and Winnetka Avenues and convenience stores with gasoline are allowed as a
conditional use, but no vehicle or service repair is permitted.
3. The request is to allow a change in the existing CUP to allow for interior remodeling and
expansion inside the building of the retail sales area. The petitioner is requesting to
convert the two existing unused service bays into sales floor and stockroom area.
4. 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 only) with limited retail food sales.
5. The parcel is 20,000 square feet in size and the building, which contains 1,160 square
feet, covers 6% of the lot. The existing building meets the B-3 Zoning District setback
requirements.
6. 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).
7. Property owners within 350' of the request have been notified and staff has received no
inquiries in regards to the request.
ANALYSIS
1. This case was not reviewed by Design & Review due to the fact that the request is
primarily dealing with interior remodeling and extensive discussion on the site plan took
place in 1985 with the original grant of the conditional use permit.
Planning Case Report 91-24
September 3, 1991
Page -2-
2. The conditions that are listed in the City Code for convenience stores with gasoline that
are applicable to the case include:
A. Sales - the retail sales must involve uses allowed in a B-i, B-2, or B-3 District.
B. Area -the approximate area/location devoted to non-automobile merchandise
sales shall be specified in the application and CUP. Exterior sales shah be
subject to a separate CUP.
C. Hours of Ore_ ration - hours of operation shah be limited to 6:00 am to 12:00 pm,
unless extended by the City Council.
D. Compatibility -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. AH sides of the
principal/accessory structures are to have essentially the same or a coordinated,
harmonious finish treatment.
E. Dust Control and Drainage -the entire site, other than that taken up by the
building, structure or plantings, shall be surfaced with a material to control dust
and drainage.
F. Landscaping - at the boundaries of the lot, a strip of not less than five (5) feet
shall be landscaped and screened.
G.Noise - noise control shah be required in conformance with the City Code.
H. Outside Storage - no outside storage...an enclosed screened area is to be provided
for rubbish and dumpsters.
3. The Building Official has indicated that the majority of the site problems were corrected
in 1985 with Planning Case 85-3. An occasional non-conforming sign (typical of most gas
sellers) is the only zoning problem the City has been aware of over the past several years:
4. The following items should be noted on the site plan:
-the interior of the building will be completed renovated into a 620 square foot sales
floor, a walk-in cooler, workroom, cashier/office area and restrooms
-existing landscaping, curbing, lights, and paving are to remain
-existing pylon sign to remain and existing wall signs to be relocated
-existing canopies over pumps to remain
-screened trash area to be repaired and painted
-new defined LOADING ZONE to be striped and signed at southwest comer
-parking stall to have new striping...8 open spaces and 8 at pump islands are provided
-existing curb cuts to remain
-new pump islands to be installed with two multiple product dispensers (gas) on each
island...exisfing pumps to be removed
-new exterior panel brick to be installed on all elevations, new aluminum storefront and
facia, and existing reworked glazing system to be installed
-new concrete walk at building to be installed
Planning Case Report 91-24
September 3, 1991
Page -3-
4. Staff concerns are as follows:
A. "No exterior sales" should be stated on the plans and in the record.
B. Hours of operation must be declared and should conform to the 6:00 am to 12:00
pm requirement.
C. "Compatibility" of the exterior remodeling should be discussed.
D. New windows/doors are not to be covered with window signs that exceed 20% City
Code requirement.
E. The landscaping plan approved in 1985, which required the adding of shrubbery
and retaining walls, should be reviewed for adequacy.
F. "Noise"- any new rooftop equipment should be screened from view and tested for
possible noise beyond the property line as a condition of approval.
5. Staff agrees with the petitioner that the proposed new facility will be an improvement to
this comer site and add a fresh, new look to the structure.
6. Petitioner states that the remodeling will have no additional impact on existing
neighborhoods or roads.
RECOMMENDATION
Staff recommends approval of the request for a change in the existing Conditional Use Permit
for a convenience store with gasoline to allow remodeling and expansion of retail sales, subject
to the following conditions:
1. No exterior sales stated on plan
2. Hours of operation to conform to ordinance requirements (6:00 am to 12:00 pm)
3. Any window signage to comply with ordinance requirements (20%)
4. Rooftop equipment to be screened and noise levels to comply with code requirements
5. Landscaping approved in 1985 to be reconfirmed and replaced if necessary
Attachment: Section/Zoning Maps
Certificate of Survey
Site Plan
Floor Plan
East/North Elevations
1985 Plan Case Data
R-~,
I,!
CEMETERY SCHOOL
eus (
BETHEL
CEMETERY
$6 H
NORTHWOOD
PARK
I hereby Certify to Fins Oil and Chemical C~mpany and to Ticor T£tle Insurance C~Ipany that chis survey wis prepared by me
onto sdJoinin! properties, streets or alleys by a,tf of sold buildings, structures or ~ove~ezcept is sho~ thereon;
36TH AVENUE NORTH
,~ ,, ~:N 69 42'30' Wi~ ,.
','. I J ,IJ*' EXISTING PYLON ~ TO
EXIST~
L~AT~
TO
REMA~
SIGN ' ..,"_~, t~ ~)
f
EX~T~ CA~s ~ ~
9' m Il' STALLS [ /J
EXISTING '
FINAMART ' ~ ' [
!173 S.F. ' '
I STALLS
-SCREENED -- :~ ~ ~W ~ ~A~S (~ALLY
~ J T~ASH ~ C~AT~),
/ FIX A~ ~PA~T
~ ~T~E ~T
LOAO~G
141.00
N 8 42'50' W
EXIST~ LA'SCAPe, C~BING, LI~TS
A~ PAV~ TO REMA~.
N
( l, :, SITE PLAN
1~: 20'-0"
WORK ROOM ~X. TOILET
' -I)20 $.F,
WALK IN ~ , OFF
COOLE~ ' ~ ~.
COMPLETE REN~ATION OF INTERIOR
ARCHITECTURAL PLAN
1/4" = 1%0"
NOR ! It
HOURS OF OPERAIION WILL CONTINUE TO BE 6 A.M. TO 12 MIDNIGHT.
"~'~ EAST ELEV.
~A1-3~ 1/4' = 1'-0' ,Ew I~NEI. BRICK TO MMCH EXISTING SOUTH ANO WEST ELEVATIONS
TYPICALLY AT EAST ANO NORTH ELEVATIONS SHOWN HERE.
_/ ....
::I ...... -iFINAMART[ .......... i1 ,,u,._,
HEW PANEL BRICK J,
CITY OF NEW HOPE
qq01 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55q28
Approved Planning Commission Minutes June 4, 1985
Regular Meeting 7:30 p.m.
City Hall
Call to Order A regular meeting of the New Hope Planning Commission was held on Tuesday, June 4,
1985, at the City Hall, 4401 Xylon Avenue North, New Hope, Minnesota.
The meeting was called to order at 7:30 p.m. by Chairman Cameron.
Roll Call Roll Call Was Taken:
PreSent: Anderson, Cameron, Gundershaug, Edwards Lutts
~ ~,~bsent: Friedrich, Kolander, Bartos '
Planning Case 85-3 M'k~. Charles Gregory represented the petitioner. He noted that snce the Design and Review
A~c.c.ess_or..y Food Sales Meeting, they had increased the amount of landscaping to be provided, adding trees and
.G. etty_Oil Co. shrubs. He stated they wished to continue to sell food items at the station of the con-
Item 3 venience food type. They had come to the city in February to obtain the 'licenses, and
,~J~ discovered they needed the Conditional Use Permit.
Commissioner Edwards referred to the discussion held at that meeting regarding the fourth
curb cut on the site. He 'confirmed with the petitioner that at this time, they do not intend
to close off one curb cut. It was noted that all four driveways will conform to the setback
requirements of the city. The City Manager confirmed this statement.
In response to a question from Commissioner Edwards, Mr. Gregory said they had clarified
the location of the rear line with the County. The lot line is the solid line as inc~icated
on the site plan. It is located outside the sidewalk.
Commissioner Edwards asked about any additional signage that might be installed.
,./ Mr. Gregory said that at this time there will be no change. They are aware that they
,/ must consult the city before they change the signs. He added that there will be continuous
j curb around the site. There will be concret~llcurbing around the city property, combinec~
with timbers and landscaping and decorative rock. It was noted that Exhibit ~, was the
most current landscape plan. The corner landscaping has been scaled down to 12" to avoid
any sight line problems at the corner.
They will put up an enclosure for the trash and rubbish storage. Mr. Gregory said he
had to get approval from the company before he could state exactly where this enclosure
would be located.
/ Commissioner Edwards confirmed that all four sides of the enclosure would be screened
· ,/" tionfr°mforView'the storage It was enclosure, noted that the southwest corner of the site would be the preferred Ioca-
/' There is security lighting behind the building, and they do not intend to add any additional
/ lighting. The lighting will be down'directed.
Chairman Cameron asked about any proposed interior remodeling.
Mr. Gregory noted that at this time they plan no changes. They would perhaps return
for this approval when money loosens up.
Commissioner Gundershaug questioned the driveway on 36th Avenue at the Northeast corner
of the property, and whether they would not consider removing it.
/' Mr. Gregory said they felt it was needed for the traffic flow. They will move it back to
meet the city ordinance setback requirements.
Commissioner Anderson confirmed with the City Manager that the petitioner would have
· to appear again before the commission/council if they wished to expand their operation ~n
any way.
one present regard to this request.
There
no
in
Motion by Commissioner Edward, second by Commissioner Gundershaug, recommending ap-
proval of the Conditional Use Permit for Accessory Sales at 3535 Winnetka Avenue North,
subject to the petitioner, prior to the City Council meeting on June 10, indicating on the
site plan where the trash enclosure would be located and type of materials to be used for
the enclosure. Voting in favor: Anderson, Cameron, Edwards, Lutts; Voting against:
Gundershaug. Motion carried.
Page I
City of New Hope
Design and Review Minutes
May 21, 1985
I. Call to Order: 4:00 p.m.
II. In Attendance) Jim Edwards, Gale Friedrich, Doug Sandstand, staff liason
~II. Plan Case: 85-3 ~
Petitioner: Getty Refining and Marketing Co.,
Address: 3535 Winnetka Ave. No.
Request: Conditional Use Permit for food sales
Present: Chuck Gregory and Clint Smith, representing Getty Oil
A brief presentation was made by ~r. Gregory of the changes to the
site that are proposed in order to satisfy the City Ordinance require-
ments for the conditional use permit. The following recommendations
and comments were made by the committee: Verify the accuracy of the
new land survey and resubmit revised document if errors are found
involving the lot lines on the north and east and any other structures
including showing the missing canopy over the pump island. A curbing
is required on all of the parking and driving area perimeters to
separate those areas from landscaped borders. The drawings should
be revised to indicate that curbing. Additional landscaping was
recommended including the south and west side of the site with a
variety of trees and shrubs and removal of plantings other than
low ground cover type within the site triangle at the intersection.
Indicate trash storage area and screening if stored outside. Indicate
site lighting and whether or not it is shielded or hooded away from
residential areas. Recommended closing east curb cut on 36th Ave.
The petitioner was advised to resubmit revised drawings by May 28th,'
one week before the scheduled June 4th Planning Commission meeting and
include five sets of drawings.
IV. Plan Case: 85-14
Petitioner: St. Therese Home, represented by Rich Ludwig and
Mark Andrew
Address: 8000 Bass Lake Road
Request: Rezoning from R-2 to R-4 and Preliminary Plat Approval
Site Address is 5801 and 5803 Winnetka Ave. No.
After a brief discussion of the proposal by Mr. Ludwig, the committee
made the following recommendations: Revise parking layout to meet
ordinance standards for minimum size and dimensions. Indicate revised
plan to erect the new fence right on top of the retaining wall which is
proposed at the north property line, and illustrate how this may be
screened or buffered from the adjacent residential property. Indicate
on the drawings whether the islands will be landscaped. Additional
landscaping was recommended along the golf course border to the west
and a low screening along Winnetka Ave. in the three to four foot high
range, possibly a hedge to screen the vehicle parking from the residential
across the street. The City Engineer will review the proposed drainage
plans for the site because it will be converted to a primary parking
use. Revised drawings, again, are required to be submitted to staff
by May 28, one week before the June scheduled Planning Commission
meeting and five sets are needed.
The meeting was adjourned at 5:00 p.m.
PLAN CASE REPORT
DATE: May 29, 1985
PLAN CASE: 85-3
PETITIONER: Getty Refining Co.
REQUEST: Conditional Use Permit - Household/food Sales at Service Station
SITE: 3535 Winnetka Ave. ZO~,~ING: B-3
ZONING ADMINISTRATOR COMMENTS;
I. SUBMITTAL:
Everything is in order.
II. BACKGROUND:
A. This site was developed with a service station in 1963.
B. Petitioner's application was required by staff when the operator
was found to be selling packaged foods and beverages from coolers
without the required conditional use permits and licenses.
C. Application for this conditional use permit was received in
January and this is the-revised plan case report on the matter.
III. CONCERNS/COMMENTS:
A. Exhibit #2 has been submitted by Getty Oil and is based upon the
current land survey, but is difficult tCL~j~d with missing details.
Exhibit #! has been revised by staff to clearly indicate landscaping
details and presence of curbing throughout the site, as required by
ordinance.
B. The petitioner decided not to take the advice of staff and Design
and Review and has not proposed to eliminate any of the four curb
cuts on the small site.
~/C. Trash storage has not been detailed on the plan. We, therefore,
must presume it is stored within the building until its removal
from the site.
D. A ten-foot wide permanent easement exists across the north side of
this lot, but it is not shown on the recent survey. Reference
Hennepin County Document #33~5428, in book 2311 on page 420.
E. The petitioner has apparently backed off on plans to remodel the
interior of the store at this point. We must confirm that fact, so
the retail sales area does not expand beyond 170 sq. ft. Reference
Ordinance 4.125 (3) regarding the subordinate use requirements for
a conditional use permit of this type.
F. Sizes of the landscaping which is now detailed by species and
number should be confirmed.
N F-V,/ (LO I,,iC.
S O D S O q.~,~ -
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~ ,. (~TO.t~p~ . I ' : X
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~ANDSCA~E ~CHEDU~E
A 29 Techn7 ~]o~e A~bo~v~tae
B 8 ~ue Ch~p
C 8 Sea Oreen 3uniper
D 75 Coronation Triumph BuaR Cinquefo~l
E 180 Peking Cotoneastzr Hedg~
ALL OPeN GROUND AROUND SHRUB5 ~ILL
FILLED ~ITH DECORATIVE ROCK.
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
Approved Minutes HENNEPIN COUNTY, MINNESOTA 55428
Planning Commission 7:30 p.m.
Regular Meeting April 2, 1985
Meeting ti ~1 City Hall
Call to Order Chairman Cameron called the regular meeting of the Planning Commission to order
at 7:30 p.m. on Tuesday, April 2, 1985.
Roll Call ...... Present: Chairman Cameron, Commissioners Kolander, Friedrich, Bartos, Gundershaug,
Edwards, Lutts and Anderson (Cmr. Anderson arrived at 7:15pm)
Case 85-3 The Chairman introduced the first item on the agenda, consideration of Planning Case
/ Conditional Use/ 85-3, submitted by Getty Oil Company, requesting a conditional use permit for food
I Food Sales sales at 3535 Winnetka Avenue North. He noted that the Planning Commission considered
~ 3535 Winnetka Ave the application on February 5, 1985 and it was tabled to the April 2, 1985 meeting.
'k'x~tem 1 Mr. Chuck Gregory, representing Texaco, owners of the property explained that
..... Texaco's philosophy is to enhance their fuel sales with convenience food stores.
He stated that he is before the Commission to request a conditional use permit to
allow them to sell items such as prewrapped chips, Twinkles, etc. Currently funds
are not available to convert the facility into the elaborate store they eventually hope
to have. They would eventually like to sell convenience food items and possibly 3.2%
beer.
Chairman Cameron asked the petitioner to describe the proposed changes to be made
if the application is approved.
Mr. Gregory ~tated the partition which is in front of the door now will be moved
back five feet, there will be 580 square feet of retail space with the same amount
of storage (currently there is 168 square feet - 14x12 for retail sales, the remainder
is storage), parking will meet the requirement, nine, and there is a possibility more
stalls could be added.
Commissioner Lutts inquired as to whether the food sale would be secondary to the
principal use which is sale of fuel on the site.
Mr. Gregory stated they would sell "pick up" items to begin with and when they
remodel, they would request· permits to sell additional items.
Commissioner Lutts inquired whether the parking stalls would be striped and whether
Mr. Gregory had contacted the sanitarian regarding health requirements.
Mr. Gregory explained that the parking would be on the west curb cut, at the back
of the lot. Also, two additional spots may be available to the north and confirmed
the stalls would be striped He state .he had not contacted the sanitarian. '-~l~ey
·
sell only prewrapped food items.
Upon inquiry by Councilmember Lutts regarding curb cuts, Mr. Gregory replied that
he was going to request the curb cut issue be waived at this time as he had to obtain
input from the main office. The primary use of the facility is fuel sales and they
did not want to hinder these sales by closing too many curb cuts.
In regard to meeting the green area requirements, Mr. Gregory stated he did not
feel the five foot requirement between the curb and property line would be a problem.
Commissioner Lutts stated he felt the curb cuts are a problem and Texaco may be
reQ~Jir,d tn ¢ln~e at le~t two of the curb cuts. He then referred to staff concern
regarding restroom facilities.
Mr. Gregory confirmed he would move the restroom door to the opposite interior wall
and it would be available for public use. He also stated that if too many curb cuts
were closed, it could hinder the fuel sale business.
Chairman Cameron stated that a request for a condtional use permit is not taken lightly
L In order to approve the request, the station has to be brought up to city stand,-rds
The curb cuts and landscaping cannot be r postponed. He concluded his comments
· by noting that the Commission and City require a landscape plan, indicating the number
size, type, etc., of plantings.
Commissioner Anderson stated that the two curb cuts along Winnetka Avenue should
be left as they are as they do not interfere with the flow of traffic. The existing'""'~,
median would force the traffic to go only one way. This would also provide For a
.,,~. better flow of traffic inside the facility. He then stated that the curb cut along
.? 36th Avenue should be closed due to its proximity to the existing semaphore. He con-
tinued that the Commission needs good working plans in order to make a recommendation
.. to the City Council and suggested the matter either be tabled for one month or ap-
proved contingent upon approval of the landscape plans by the Design and Review
Committee.
Chairman Cameron stated that, although the landscaping is not the main issue, the
Commission does need to be provided with a plan. He stated he was comfortable
with Commissioner Anderson's recommendations regarding curb cuts.
Commissioner Edwards questioned the petitioner why Texaco would wait two years
before further expanding the operation.
Mr. Gregory responded that the capital is not available at this time for remodeling
and the firm is content to work with what is currently available.
Commissioner Bartos stated he agreed the curb cuts on Winnetka are essential and
the cut on 36th should be eliminated.
Mr. Gregory questioned whether Texaco could come back at a later date and request
additional landscaping, uses, etc.
/' Chairman Cameron advised that the site was not large enough to facilitate more than
/' what is being proposed.
Mr. Gregory stated the site plan is based on Texaco's design.
"... City manager Donahue advised the site is undersize for what is intended for Future
use by Texaco and a variance would be required.
Chairman Cameron reminded Mr. Gregory there is no guarantee a variance would
be granted at a future date.
Mr. Gregory confirmed he understands the entire project would have to be reviewed~,.
at that time and could be approved or denied.
Commissioner Anderson commented that there are enough unresolved issues to warrant
tabling the application for one month to allow the petitioner time to prepare final
plans and have them reviewed by the D&R.
Mr. Gregory stated he was agreeable to tabling the issue for one month.
NO additional comments were heard for or against Planning Case 85-3.
Motion by Commissioner Anderson, second by Commission Bartos, to table consideration
of Planning Case 85-3, request for conditional use permit for accessory food sales
at 3535 Winnetka Avenue, Getty Oi!, petitioner, until May 7, 1985. All present voted
in favor.
Planning Case 85-7 Next introduced by the Chairman was consdieration of Planning Case 85-7 submitted
CUP/Variance/CA by Mr. Tom Winterhatter, owner of the proposed Taco John, 7202 42nd Avenue North.
7202 42nd Ave. N. The chairman stated that the Planning Commission considered the application conditional
Item 2 use permit/CUP/variance on March 5, 1985 and the requests were tabled to the April
2, 1985 meeting.
Mr. Winterhalter verified that the Planning Commission had received a copy of the
BRW Consultant report which he had sent to the City. He then introduced Mr. Howard
Preston planning engineer ,to answer questions of the Planning Commission.
Mr. Preston reviewed a site plan showing the original plan and the revised plan.
The plan included on-site traffic circulation. He noted the two entrances, one on
42nd, and on on Nevada ! would allow for one way traffic flow~and the exits onto
42nd and Nevada also provide good traffic flow.
Ne stated that the parallel parking proposed on the original plan has been eliminated
and 60° angle parking is now being proposed. He explained that the size and number
of stalls will meet ordinance requirements. Twenty-nine stalls are now proposed versus~
23.
He continued his presentation by noting the drive- up operation has been slightly
modified since concern regarding stacking distance, potential impact on parking, and
access was expressed by the Planning Commission. The drive-through site has been
revised to provide an eight foot wide drive-through and the stacking lane will extend
from the drive-through window around the north and west sides of the building approx-
imately i60-165 feet. The B-4 zoning requirement is 180 feet.
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-25
Request: Request for Sign Plan Amendment to Allow a Second Pylon Sign and a
Variance to Sign Setback Requirement
Location: Winnetka Avenue North and Medicine Lake Road (Midland Center)
PID No.: 19-118-2144-0066
Zoning: B4 (Community Business)
Petitioner: Kraus-Anderson/Engelsma Investments
Report Date: August 30, 1991
Meeting Date: September 3, 1991
BACKGROUND
1. The petitioner is requesting an amendment to the existing shopping center comprehensive
sign plan to allow the addition of a second pylon sign and a variance to the sign setback
requirement, pursuant to Section 3.467(4) of the New Hope Code.
2. Midland Center is requesting to install a second pylon sign which would be located at
their new curb cut on Medicine Lake Road and face east/west. The Center received
approval for a new pylon for the Cinema 'n' Drafthouse development on Winnetka
Avenue in November of 1990.
3. Two (2) ground signs are allowed by City Code at shopping centers containing more than
four separate and distinct occupancies, as one ground sign may be erected per street
frontage and the center is located on the corner of Medicine Lake Road and Winnetka
Avenue. Shopping centers must have a comprehensive sign plan and the addition of the
second ground sign requires a routine amendment to the Midland Center comprehensive
plan.
4. The second part of the application is a request for a variance from the ground sign
setback requirements. The City Code requires a setback of 20 feet from all property
lines and Midland is requesting to locate the sign 15 feet from the property line
bordering Medicine Lake Road, thus a S-foot setback variance is needed.
5. For aesthetic and safety reasons, the petitioner would prefer to install the sign in the east
grass island at the Medicine Lake Road entrance, where the southernmost edge of the
sign would be 15 feet from the property line. If the 20-foot setback is adhered to, it
would be necessary to place the sign at the end of a parking stall with protective posts
surrounding it.
6. The pylon sign would give Midland Center identification and would utilize the existing
readerboard from the Winnetlm pylon with its 10-inch changeable copy letters. The
readerboard would be changed weekly and advertise shopping center events and
particular events pertaining to individual stores. Cinema 'n' Drafthouse, which was
granted a readerboard for its exclusive use on the Winnetka pylon, would not be allowed
to use the proposed new reader board on Medicine Lake Road.
Planning Case Report 91-25
September 3, 1991
Page -2-
7. The property is zoned B-4 Community Business District, and surrounding land uses
include a cemetery in Golden Valley across Medicine Lake Road to the south, the
Ambassador Nursing Home to the west (R-O), residential homes to the north (R-1 and
R-2), and B-3, B-i, and R-O zoning across Winnetka Avenue to the east.
8. Property owners within 350' of the request have been notified and staff has received no
inquiries about this request.
ANALYSIS
1. The proposed sign is compatible in design with the previously approved Cinema 'n'
Drafthouse pylon on Winnetka Avenue and staff recommends approval of the
amendment to the comprehensive sign plan. The City Attorney has confirmed that there
is no prohibition in the sign ordinance against readerboard signs. The recently approved
amendment to the sign code dealt with allowing tenant identification on ground signs
(which is not being requested); no restriction was proposed for readerboards.
2. The sign code allows each pylon to contain 200 square feet, but only 72 square feet is
being requested in this case. Other requirements, except setback, are met: the sign
height will be 30 feet and there will be a 20'9*clearance between the existing grade and
the bottom of the sign.
3. The following five conditions must be considered when reviewing sign variance requests:
-Unique Conditions - that the conditions involved are unique to the particular parcel of
land or use involved.
-Variation Pu _rpose - that the purpose of the variation is not based exclusively upon a
desire to increase the value or income potential of the business involved.
-Cause of Hardship - that the alleged difficulty or hardship is caused by this Sign Code
and has not been created by any persons presently having an interest in the parcel.
-Effect of Variance -that the granting of the variation will not be detrimental to the
public welfare of injurious to other land or improvements to the neighborhood.
-Immirment of Light and Air - that the proposed variation will not impair an adequate
supply of light and air to adjacent property, or substantially increase the congestion of
the public streets, or interfere with the function of police/fire departments of the city.
4. The recent widening of Medicine Lake Road along the south side of this center has
benefitted the site, but has also resulted in a hardship because the space between the
street curb and the parking lot was reduced. The primary curb cut, which was relocated
during construction and is adjacent to the proposed sign location, is a reasonable focal
point at which to place the sign.
5. Staff f'mds that the site is also unique due to its large size (8 acres) and that primary
visibility is gained through ground signs - not wall signs.
6. Ground signs on other commercial sites, except shopping centers, are allowed 10 feet
from the property line.
Planning Case Report 91-25
September 3, 1991
Page -3-
7. Locating the sign in the parking lot in order to comply with the 20 foot setback could
create a traffic-safety hazard and would not be aesthetically pleasing.
8. The five (5) foot reduction in setback being requested is probably a reasonable trade-off
for the reduced square footage of the pylon.
9. The letter submitted in November, 1990, from Kraus-Anderson stated that they would not
seek additional variances to install additional sign faces on the existing pylon; it did not
prohibit them from seeking approval for a second pylon.
RECOMMENDATION
Staff recommends approval of an amendment to the Midland Center comprehensive sign plan
to place a 72 square foot ground sign (similar in design to the Winnetka Avenue pylon) on
Medicine Lake Road. Staff also recommends approval of a 5-foot reduction in the 20-foot
setback requirement so the sign can be placed 15 feet from the property line due to the unique
circumstances and due to aesthetic and traffic safety concerns.
Attachments: Site Location
Site Plans
Applicant's Letter 8/9/91
Ground Sign Plan
Staff Letter 4/10/91
Planning Case 90-31
Cinema 'n'Drafthouse Ground Sign
Kraus-Anderson Letter 11/12/90
Planning Commission/Council Minutes
EXHIBIT A - SITE LOCATION
ZONING DISTRICT MAP
CITY of NEW HOPE
LEGEND '
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WINNETKA AVEN(~
midland shopping center
DLVEI OI'MEN I' · El:^51N(~ · MANA('H:MFN f
winnetka ave. & medicine lake roa ,new hope, minnesota _
KRAUS-ANDERSON REALTY COMPANY
DEVELOPMENT · LEASING · MANAGEMENT
August 9, 1991
Kirk McDonald
City of New Hope
4401 Xylon Ave. No.
New Hope, MN 55428
Re: Sign plan amendment. Also, variance to setback reTairement
for pylon sign at Medicine Lake Road, Midland Shopping
Center.
Dear Mr. McDonald:
Enclosed, please find our check to cover the necessary fees for a
second pylon sign at Midland Shopping Center. The second pylon
sign, which we are requesting, would be as per the attached
drawing. The sign would face east and west and be located at the
Medicine Lake Road entrance to Midland 'Center.
For aesthetic and safety reasons, we wculd prefer to install the
sign in the east grass island at the Medicine Lake Road entrance.
This is indicated with an X-1 on the site plan. However, by our
calculations, the southern-most edge of the sign would only be
15' from the property line. This doesn't meet the City's setback
requirements. Should it be necessary to place the sign 20' from
the property line, it would be put at the end of a parking stall,
in a drive lane, and be surrounded by protective posts. (See X2
on site plan.)
The pylon sign would give Midland Center identification and would
use the existing readerboard from the Winnetka pylon with its
ten-inch changeable copy letters. This reader board is changed
weekly and advertises shopping center events, first and foremost,
and then particular events pertaining to individual stores. As
Cinema 'N Drafthouse has a "readerboard" for its exclusive use
planned for the Winnetka pylon, this tenant would not be allowed
to use this second readerboard.
This second pylon would help the tenants capitalize on the
anticipated traffic from Cinema 'N Drafthouse. Therefore, we
would appreciate the City's consideration in this matter.
If there are any questions, please don't hesitate to call me.
Thank you.
Sincerely,
KRAUS-ANDERSON REALTY COMPANY
Sandra B. C~ry,.CSM
Area Manag~nt Director
SBC/amh
cc: C. File
SALE '"
9--5
TODAY ~"
I
·
4401 X¥1on Avenue North New Hope, Minnesota 55428 Phone: 533-1521
April 10, 1991
Ms. Sandra Camery
Kraus Anderson
523 South 8th Street
Minneapolis, MN 55404
Subject: MIDLAND SHOPPING CENTER GROUND SIGNS
Dear Ms. Camery:
Per your request, I am enclosing portions of the New Hope Sign
Code, a recent amendment to the Sign Code, and a Planning
Commission application.
As per Section 3.467 of the Code, a comprehensive sign plan is
required for all shopping centers. The approved plan for Midland
Shopping Center includes only one ground sign, as the Council
recently approved your proposal to replace the existing ground sign
at the center with a new ground sign that contains both center
identification and tenant identification for Cinema 'n' Drafthouse.
Note under subdivision 4 of the same Section, "Ground Signs-
Shopping Centers", that shopping centers with more than four
distinct occupancies may erect one ground sign per street frontage.
Because Midland fronts on two streets, you would be allowed one
ground sign on Winnetka and one on Medicine Lake Road. However,
because the approved Midland Center comprehensive sign plan
currently only contains one ground sign, you will need to apply for
an amendment to the comprehensive sign plan to add a second ground
sign on Medicine Lake Road. This can be accomplished by completing
the enclosed application and submitting plans of the new sign along
with a $40.00 fee to the City.
Ground signs cannot exceed 200 square feet in area, nor 30 feet in
height and must be setback 20 feet from all property lines. Until
recently, individual tenants could not be advertised on shopping
center ground signs. The Code was recently amended, however, and
now allows for up to 70% of the sign to be devoted to tenant
identification (not more than 5 tenants @ 28 square feet each). A
portion of the sign could be utilized for a shopping center reader
board, but not for a reader board for a specific tenant. For
example, 30% could be devoted to center identification and 70% for
tenant identification or 30% center identification/30% center
reader board/40% tenant identification. But an individual tenant
advertized on the ground sign could not have their own reader
board. ~
FamilyS~ledC~ ForFamilyLiving
Please review the enclosed documents and contact me if you have any
questions, as we will be glad to work with you on this. Another
item you should keep in mind is that a second ground sign should be
similar to or compliment the existing signs at the center.
Sincerely,
Kirk McDonald
Management Assistant/Community Development Coordinator
KM/lb
Enclosures: Sign Ordinance and Application
cc: Dan Donahue, City Manager
Doug Sandstad, Building Official
Planning Case File 90-31
CZ~Y O~ II"BII~O~B
~T.,AI~Z~G ~,B~ ~0~
Planning Case: 90-31
Request: Request for Variance to Signage Requirement,
· Variance to Parking Requirement, and Site/Building
Plan Review to Allow a Movie Theater/Restaurant
Location: Winnetka Avenue North and Medicine Lake Road
(Midland Shopping Center)
PID No.: 19-118-21 44 0066
Zoning: B-4 (Community Business)
Petitioner: Kraus-Anderson/Cinema & Drafthouse
Report Date: November 2, 1990
Meeting Date: November 6, 1990
1. The petitioner is requesting Site & Building Plan Review approval
and variances to signage and parking requirements to allow a movie
theater/restaurant in the Midland Shopping Center. The request if
pursuant to Sections 4.036(109, dd), Section 3.467(4) and 4.039C/D -
New Hope Code of Ordinances.
2. The petitioner is proposing to operate a movie theater/restaurant in
the large vacant space at Midland Shopping Center where Super Valu
was formerly located. The complex will contain two theaters with a
total of 400 seats. Two shows would be shown daily at 7:00 p.m. and
9:00 p.m. with matinees shown on Saturdays and on summer afternoons.
The theater will feature family rated movies. Patrons will be able
to eat dinner as ~hey view movies. A beer and wine license applica-
tion is in procees. An arcade is proposed at the front of the
complex for use by patrons (children who may become bored with a
moving being watched by their parents.) The arcade would not be
open to ~he general public.
3. The petitioner is proposing to replace the existing ground sign at
the center wi~h a new ground sign which would contain both center
identification and tenant identification for Cinema-Drafthouse. The
sign ordinance prohibits tenant identification on shopping center
ground signs, therefore a variance is being requested.
4. Because the grocery store required a lower ratio of parking spaces
than a movie theater/restaurant, a variance or conditional use
permit is being requested on parking requirements.
5. Midland Shopping Center was developed in 1961 as a small center and
major additions were added in 1967, 1969, and 1971. The front
canopy was added in 1986 to the east side of the center. This is a
large center and contains approximately 70,000 square feet.
Planning Case Report 90-31
November 7, 1990
Page -2-
The shopping center shares parking and vehicle access with
former 8urger King restaurant which is located at the southeast
corner of the center.
7. The petitioner met with Design and Review and the major concerns
included: employee parking, parking signage for employees and truck
service, access to arcade, traffic counts, movie type, ground sign
contents and wall sign. The petitioner submitted revised plans as
a result of the Design and Review meeting.
8. Property owners within 350' of the request have been notified.
1. The revised plans show signage to be installed on the north and
south entrances to the rear of the center that will indicated
"employee parking and service truck entrance'*. Additional parking
stalls have been added at the rear (west) of the center, as
discussed in Design and Review. The floor plan has been changed so
that access to the arcade can be obtained only after the ticket
booth.
2. The Commission may want to further discuss any nuisance that may be
generated by the arcade and the impact it may have on other
businesses/properties.
3. Staff agrees with the petitioner that the theater/restaurant is a
unique use for this location which will benefit both the existing
tenants and the City by revitalizing the shopping center.
4. 8iqnage
A. The petitioner states that a variance for tenant identifica-
tion should be granted because of the distance from Medicine
Lake Road and Winnetka Avenue and because a pylon sign is more
in keeping with a cinema theater use. In light of the fac=
that tenant identification was recently granted to Winnetka
Colons, perhaps tenant ID should be allowed here for one
whet irma can be plaoed on the reader b~ards....movies names,
ratings, times, price, etc. The ground sign contains 144
square feet and meets the 200 square foot requirement.
B. Before any varianoe for tenant ID on a ground sig~l is granted,
ErauseAnderson should Andicate to the City in w~iting their
intentions for an~ additional changes to shopping cea=er
signage - a long range plan. ~s the center is redeveloped will
another ground sign be requested in the future? will it
compati~le with t~e Cineua-mrafthouse proposed sign?
Planning Case Report 90-31
November 7, 1990
Page
C. Approval of a new ground sign and the proposed wall sign will
actually constitute an amendment to the existing comprehensive
standard lign at this
A. The petitioner states that while they are not proposing
increase the size of the center, the theater use requires mote
parking than retail. They are requesting a variance fro~
1. The hours of peak opera=ion will be a= a time of day when
adjacen~ tenants are closed or their business at the low
e~d,
2.The si=e is already a= =he maxim~ parking potential.
B. Parking retirements calculate as follows:
Total shopping center - 70,502 s~are feet
-~ Cinema-Drafthouse sq. footage
342 spaces for retail - 57,122 s~are feet
~ spaces for 400 patron theater
475 re~ired
427 show on plan
-48 short
-~ to be provided to Burger King
67 total parking deficit
C. The Planning Consultant reco~ends that this parking reduction
re~es= be handled as a conditional use De~i= rather than a
variance. The City Code allows for joint use parking by
conditional ~sm. The Planner supports the gran:ing of the CUP
due ~o: peak hour difference, and reduction of triDs
RECO~DATIONS
1. Staff rmco~ends approval of the Site/Building Plan Review for
Cinema-Drafthouse, pending any conditions the Co~ission may wan=
impose on the arcade.
2. Staff reco~ends approval of the parking retirement reduction and
agrees with the Consultant that this be handled as a conditional use
pe~i= for joint parking rather than a variance.
3. Staff recom, ends approval of the ground sign with tenant identifica-
tion, due ~o recent grantings of a similar re.est, subject to the
following conditions:
Planning Case Report 90-31 ~,
November 7, 1990
Page -4-
A. A long-range sign plan which addresses future development and
signage be submitted to the City prior to erection of the new
ground sign.
B. Identification be limited to one tenant only - Cinema &
Drafthouse.
C. The changeable letter panel may only be used to display moving
title and ratings.
Attachments: Site location
Petitioner Attachment: Type of Request
Why Requests Should Be Granted
Car Count Info
Revised Site Plan
Revised Floor Plan/Elevation
Sign Plan
Northwest Consultants Report
Cinema & Drafthouse Project Summary
MIDLAND
CENTER
GHOST
'PRETTY WOMhN
KRAUS-ANDERSON REALTY COMPANY
DEVELOPMENT · LF, ASING · MANAGEMENT
November 12, 1990 ~.. F-q- . ,,'~'-- ,,,..77~ _.. .--.--
Mr. Douglas Sandstad, Building N0¥ I 3199C
Inspector
NEW HOPE CITY HALL ~ ..........
4401 Xylon Avenue North ._
New Hope, Minnesota 55428
Re: Midland Shopping Center, New Hope, Minnesota;
Sign Variance for Proposed Cinema 'N' Drafthouse
Dear Mr. Sandstad:
As a result of your discussions with Ms. Theresa Hart of this
office, the City of New Hope is aware that Mr. Lloyd Engelsma,
the owner of Midland Shopping Center, is negotiating a lease
with Diversified Hospitality, Inc., which proposes to operate a
Cinema 'N' Drafthouse business in approximately 13,400 square
feet of space in the shopping center. Part of the proposed
lease requires that Diversified be allowed to maintain a sign
face upon the existing pylon sign for the shopping center.
Based upon your discussions with Ms. Hart, it is our
understanding that the City will favorably consider granting a
variance to the ordinance governing the existing sign pylon to
allow the addition of a Diversified sign, provided that if such
variance is granted, the owner of the shopping center will not
in the near future seek an additional variance to add more s~gn
faces to the existing pylon. This letter shall confirm that it
is Mr. Engelsma's understanding that if the variance is granted
to allow Diversified to erect and maintain a sign upon the
existing pylon for Midland Shopping Center:
1. the variance shall apply only in favor of Diversified,
Diversified's assignee or subtenant, or other primary user
of the approximately 21,000 square feet formerly occupied
by the grocery store; or
2. the owner of the shopping center will not in the near
future seek another variance from the City to install
additional sign faces upon the existing shopping center
pylon, so long as Diversified, Diversified's assignee or
subtenant, or other primary user of the former grocery
store space maintains a sign upon the pylon. In the event,
however, that Diversified, Diversified's assignee or
subtenant, or other primary user of the former grocery
store space ceases to maintain a sign upon the existing
Mr. Douglas Sandstad
November 12, 1990
Page 2
pylon, then the owner of the shopping center shall not be
restricted from seeking another variance from the City to
accommodate the sign needs of another tenant in the
shopping center.
Also, we are enclosing for your information a copy of a form
provision which will be included in the Diversified lease in
substantially the same form, prohibiting the showing of "Adults
Only" movies.
We appreciate~the City's cooperation in helping us complete this
transaction. Please call if you have any questions regarding
this letter.
Sincerely, ~
Dennis D. Diessner
Vice President/Leasing
DDD:kt
pursuant to Section 4.039A of the New Hope Code.
- The petitioner appeared at the October Planning Commission
Meeting proposing to subdivide the property into two lots
and construct an 18,000 square foot building on the
southerly lot. At that time they were also requesting a
conditional use permit to allow shared parking/loading
facilities. The request was tabled because the plat was
lacking a number of items. The petitioner has met with
staff several times since the last meeting and has
submitted a revised plan. The request for a conditional
use permit to allow shared parking/loading facilities has
been eliminated; the only request is for site/building
plan review approval.
Mr. McDonald indicated the petitioner has revised the plan
to plat the property east of the Quebec Avenue extension
into one large lot and construct one building on the
property. The Planning Commission discussed this case on
November 7, 1990, and approved the site/building plan
subject to the following conditions: 1) Certification of
the plans by an architect; 2) Compliance with City
Engineer's recoMmnendations; 3) Compliance with Planning
Consultant's recommendations; 4) Inclusion of additional
landscaping on east side of building.
RESOLUTION 90-205 Councilmember L'Herault introduced the following
Item 8.2 resolution and moved its adoption: 'RESOLUTION APPROVING
PLANNING CASE 90-29, REQUEST FOR SITE/BUILDING PLAN REVIEW
APPROVAL AT 3970 QUEBEC AVENUE NORTH, PID #17-118-21 32
0001'. The motion for the adoption of the foregoing
resolution was seconded by Councilmember Enck, and upon
vote being taken thereon; the following voted in favor
thereof: Erickson, Enck, L'Herault, Williamson; and the
following voted against the same: None; Absent: Otten;
whereupon the resolution was declared duly passed and
adopted, signed by the mayor which was attested to by the
city clerk.
CounCilmember Enck questioned the number of warehouses
that are being built in the city and wondered whether the
zoning should be changed to promote more high tech
industry that would foster employment.
NOTION Motion was made by Councilmember Enck, seconded by
Councilmember L'Herault requesting staff to review
permitted uses in an I-1 zoning district. All present
voted in favor.
PLANNXIJ6 CASE Mayor Erickson introduced for discussion Item 8.3,
90-31 Planning Case 90-31, Request for Variance to Signage
_em 8.3 Requirement, Variance to Parking Requirement, and
Site/Building Plan Review to Allow a Movie
New Hope City Council November 13, 1990
Page 5
Theater/Restaurant, Winnetka Avenue North and Medicine
Lake Road (Midland Shopping Center), PID #19-118-21 44
- 00666, Krause-Anderson/Cinema 'N' Drafthouse, Petitioners.
Mr. McDonald explained that the petitioner is proposing to
operate a movie theater/restaurant in the large vacant
space at Midland Shopping Center where Super Valu was
formerly located. The complex will contain two theaters
with a total of 400 seats. Two shows would be shown daily
at 7 p.m. and g p.m. with matinees shown on Saturdays and
on summer afternoons. The theater will feature family
rated movies. Patrons will be able to eat dinner as they
view movies. An arcade is proposed at the front of the
complex for use by patrons. The arcade would not be open
to the general public.
Mr. McDonald next discussed the sign variance and
indicated the petitioner is proposing to replace the
existing ground sign at the center with a new ground sign
which would contain both center identification and tenant
identification for Cinema 'N' Drafthouse. The sign
ordinance prohibits tenant identification on shopping
center ground signs, therefore a variance is being
requested. The proposed sign area of 144 square feet
meets the 200 square foot code requirement.
He explained that because the grocery store required a
lower ratio of parking spaces than a movie theater/
restaurant, a variance or conditional use permit is being
requested on the parking requirement. The total parking
deficit for the center would be 67 spaces. City code
allows joint use parking by conditional use permit and the
Planning Consultant recommends a c.u.p. The hours of peak
operation for the theater/restaurant will be at a time of
day when adjacent tenants are closed or their business is
at a low end.
Mr. McDonald stated the Planning Commission recommended
approval subject to six conditions:
1) Building owner to submit a letter of intent to City
on long-range sign plan addressing future
development and signage.
2) Identification limited to Cinema 'N' Drafthouse
only.
3) Changeable letter panel to display title and
ratings only for current two movies within 144
square feet as proposed, and not to be used as
reader board.
4) Conditional use for parking.
$) Eliminate line of advertising ("Great Movies,
Spirits, and Food") shown on plan.
6) Construction of new trash enclosure closer to the
New Hope City Council November 13, 1990
Page 6
south door in compliance with City code.
Mr. McDonald reviewed a letter submitted by Kraus-Anderson
addressing condition no. 1. The letter indicated the
owner for the shopping center will not in the near future
seek another variance from the city to install additional
sign faces upon the shopping center so long as Diversified
Hospitality, Inc. is a user of the grocery store space.
Councilmember Enck commented he would be more comfortable
receiving terms more definitive than "near future".
Mr. Mark Pope, Project Manager of Kraus-Anderson, was
recognized as well as Sandra Camry, Property Manager for
Kraus-Anderson. Ms. Camry stated the letter was written
by Dennis Dezner, VP of Leasing, and she believes the
intent of the letter was that they do not foresee the need
to request additional signage under the current
conditions.
Councilmember Enck inquired of the vacant Burger King
restaurant and if the property will revert back to the
entire center and whether it could be used for parking.
Ms. Camry stated that is a possibility but would not
happen immediately. She commented the property is being
marketed.
Mr. Pope stated patrons would be charged $2 admission to
the theater/restaurant, would be served by a waitress, and
could eat meals while watching movies. There are 19 other
similar facilities throughout the U.S., but this is the
first site in the Twin Cities for a Cinema 'N' Drafthouse.
He explained that the movies shown will be PG and G rated
sub-run movies that are available 6 to 8 weeks after their
initial first-run distribution nationally.
Councilmember Enck questioned the time between movies and
whether there will be a problem with parking.
Mr. Tim Enge, Sr. Partner of Great Plains Partnership,
representing the Cinema 'N' Drafthouse, was recognized and
explained there will be a minimum of 30 minutes between
movies which is 15 minutes longer than the typical movie
theater. He commented that because the franchise is
family-oriented, the average number of people per car is
higher (3.17 persons), and there should be no problems
with traffic or parking.
Mr. Enge stated Cinema 'N' Drafthouse will be requesting
a beer and wine license and expects liquor sales to amount
to only 10-12% of total sales. He stated servers are all
trained and carding is a presumption for every patron.
New Hope City Council November 13, 1990
Page 7
The Council called attention to problems experienced at
Chuck E. Cheese and suggested that Cinema 'N' Drafthouse
maintain caution not to belabor such incidents.
The City Attorney recommended the following amendments to
the resolution:
2) Tenant identification on center identification
ground sign is limited to Cinema 'N' Drafthouse
only.
4) The conditional use permit for 67 shared parking
spaces is granted only for Cinema 'N' Drafthouse
use based on a finding that peak hours of operation
will be at a time of day when adjacent tenants will
be closed or at their low end of operation.
RESOLUTION 90-206 Councilmember L'Herault introduced the following
Item 8.3 resolution and moved its adoption: "RESOLUTXON APPROVING
PLAI~IN6 CASE 90-31 REQUESTING VARIANCES TO SIGNAGE AND
PARKXNG REQUXREMENTS, AND SITE/BUILDING PLAN REVIEW
APPROVAL AT WIN#ETKA AVENUE NORTH AND MEDICINE LAKE ROAD
(MIDLAND SHOPPING CENTER) PID #19-118-2! 44 0066'. The
motton for the adoption of the foregoing resolution was
seconded by Councilmember Enck, and upon vote being taken
thereon; the following voted in favor thereof: Erickson,
£nck, L'Herault, Williamson; and the following voted
against the same: None; Absent: Otten; whereupon the
resolution was declared duly passed and adopted, signed by
the mayor which was attested to by the city clerk.
Mayor Erickson welcomed Cinema 'N' Drafthouse to the
community.
PLANNING CASE Mayor Erickson introduced for discussion Item 8.4,
90-32 Planning Case 90-32, Request to Consider Resolution
Item 8.4 Amending the 42nd Avenue Improvement Study, Which is Part
of the New Hope Comprehensive Plan, Involving Properties
from Minneapolis, Northfield and Southern Railroad to
Louisiana Avenue North, City of New Hope, Petitioner.
Mr. McDonald explained that due to the recent rezoning of
42nd Avenue from a B-3 to a B-4 zoning district, an
amendment to the 42nd Avenue Improvement Study, which is
part of the New Hope Comprehensive Plan, is necessary. He
stated the a~ndment to the 42nd Avenue Improvement Study
would be to state that any site currently identified for
multiple family housing will also be suitable for B-4
Community Business District use.
He commented that the objective of the previous rezoning
and of this proposed amendment is to achieve a cohesive
land use pattern and to promote commercial and high
density residential land uses for the redevelopment along
New Hope City Council November 13, 1990
Page 8
Commissioner Gundershaug called attention to the screening
along the railroad on the east side to protect the Crystal
residents there, and suggested the petitioner have a revised
plan showing it for presentation to the Council.
Mr. Johnson explained there would be no problem with adding
arborvitae and meeting the requirement with a revised plan.
Commissioner Gundershaug confirmed the landscaping would be
sprinkled.
Commissioner Friedrich asked about interior trash storage.
Mr. Johnson indicated that leases will require tenants to use
outside trash storage, but some tenants may not bring their
trash to the outside storage every day.
MOTION Motion by Commissioner Oja, second by Commissioner
Gundershaug, to approve the site/building plan review for new
office/warehouse requested i~ Planning Case 90-29 subject to:
1. Certification of the plans by an architect.
2. compliance with CitF Engineer's recommendations.
3. Compliance with Planning Consultant's recommendations.
&. Inclusion of additional landscaping on east side of
building.
Voting in favor: Zak, Cassen, Sonsin, Friedrich, Cameron,
Gundershaug, Oja, Watschke
Voting against~ None
Absent: None
..~./ ~.. Motion passed.
.~ ""%
PC 90-31 (3.3) ~. Planning Case 90-31 was introduced and Kirk McDonald outlined
REQUEST FOR x the plans for a new movie theater/restaurant in the Midland
VARIANCE TO "., Shopping Center in the former Super Valu location. He
SIGNAGE REQUIRE- explained there would be two movie theaters with a total of
MENT AND SITE/ i 400 seats where patrons could eat dinner as they view movies,
BUILDING PLAN and a proposed arcade at the front of the complex which would
REVIEW TO ALLOW A not be open to the general public. He called attention to the
MOVIE THEATER/ request for sign variance since petitioner is proposing to
RESTAURANT, IN replace the existing ground sign at the center with a new
MIDLAND SHOPPING ground sign containing both the center identification and
CENTER tenant identification for Cinema 'n' Drafthouse. He further
noted that because a lower ratio of parking spaces was
required for a grocery store than for a movie theater/
restaurant, a variance or conditional permit is being
requested on the parking requirement. He stated that the
petitioner had met with Design and Review and discussed major
concerns and as a result a revised plan was submitted and
included in the staff report. He called attention to the
changes regarding signage on the north and south entrances,
New Hope Planning Commission -3- November 7, 1990
and rear of the center for employee parking and service
trucks, plus additional stalls added at the rear of the
center. He addressed the concern regarding access to the
arcade and noted that it has been changed so that it can be
entered only after going through the ticket booth. He added
that the parking was submitted to the Planner and his recom-
mendation ie that the parking reduction request be handled as
a conditional use permit rather than a variance as City code
allows for joint use parking by conditional use, and since the
peak hours of theater operation will be daily at 7:00 p.m. and
9=00 p.m., a time when adjacent tenants are closed or at a low
end, the added parking need can be accommodated.
Chairman Cameron confirmed that this case had been discussed
by Design and Review.
Mark Pope, from Kraus-Anderson, introduced himself and stated
he was prepared to answer questions.
Commissioner Gundershaug asked for a confirmation of the peak
hours for the theater, the parking and striping according to
new dimensions, signage at rear of building for employees,
number of employees, provision for trash storage for the
restaurant, and addition of any lighting.
Mr. Pope pointed out that there are 422 parking spaces on
site, and without a theater 433 would be required. He
indicated the signage for employees only would be added on the
site plan.
Tim Enge, representative of Great Plains Partnership, an area
hospitality consulting firm responsible for Cinema-Drafthouse
in the Twin Cities, explained they would operate 18 shows a
week~ two daily seven days a week, a children's Saturday
matinee, plus an extra show at 5:00 p.m. on weekends depending
on demand. He added that there would be total employment of
36 to 40 persons, but maximum number at any given time would
be 15.
Mr. Pope called attention to the existing trash storage behind
the center which is fairly old.
Several commissioners suggested that the enclosure be updated
and possibly moved closer to their kitchen area.
Mr. Pope indicated there was no new lighting planned.
Commissioner Gundershaug asked the petitioner to confirm their
sign plans.
Mr. Pope explained the replacement of the existing mall sign
with a new pylon sign indicating the presence of a movie
theater in the mall, showing the current two movie titles and
ratings. He indicated Cinema-Drafthouse would like to have
added lines to show movie times and coming attractions.
New Hope Planning Commission -4- November 7, 1990
Commissioner Gundershaug emphasized that Design and Review had
recommended name and rating only to show on the sign and no
reader board to be allowed.
Mr. Enge interjected that they are willing to eliminate the
times and other advertising, but they felt the rating notation
was very important to a family-oriented movie theater.
Commissioner Oja called attention to the notation "Great
Movies, Spirits, and Food" as being further advertising and
suggested it be eliminated. She expressed the opinion that
with two screens the two movie names and ratings should be
allowed, but coming attractions and Saturday matinee notations
should be eliminated.
Chairman Cameron questioned structural changes needed and
confirmed the building would be basically as it stands.
Commissioner Sonsin wondered if they were located in other
cities.
Mr. Enge stated that they have other facilities throughout the
U.S., some still under construction, but this will be the
first in the Twin Cities and they hope to eventually operate
3 or 4 in this area.
Commissioner Sonsin questioned the supervision of children in
the arcade if they are not interested in the movie and what
type of movies would be shown.
Mr. Enge stated that it is an actively systemized and managed
facility, with floor walkers to see that children do not cause
disturbance, and the arcade is integrated into the theater so
that the public is not permitted to enter. He explained tha~
the movies shown will be sub-run movies that are available 6
to 8 weeks after their initial first-run distribution
nationally, which allows them to charge $2.00 for admittance,
and all movies are required by the franchise, the landlord,
and local ordinances to be PG and G movies.
Chairman Cameron asked for verification from Kraus-Anderson as
landlord regarding the£r policy.
Mr. Pope confirmed Kraus-Anderson's lease policy does not
allow any X-rated movies to be shown at any of their
properties.
Mr. Enge also confirmed that any attempt to show any such a
movie would be an immediate violation and default under the
franchise agreement, which they would verify if necessary, and
they would be required to cease to operate.
Chairman Cameron expressed relief that the owner of the
building has some control over what is shown.
Commissioner Sonsin further questioned how it would be ~-~
enforced.
Sandy Camry, Property Manager for Kraus-Anderson, addressed
the question, stating that their lease language regarding both
theater and video store, is very explicit .as to what is
acceptable, and it would be an immediate default enforceable
in court, and possibly result in eviction, if operator did not
comply with a cease and desist order. She stated that it has
not become an issue and their tenants have not violated their
leases along those lines.
Commissioner Sonsin wondered what was happening with the
abandoned Burger King Restaurant in the Midland Center, and if
it could be turned into parking.
Ms. Camry stated it is not their property, although they have
looked into the possibility of purchasing it if they had a
compatible use for it, but to date they have none.
Commissioner Gundershaug called attention to the staff request
that before any variance is granted for tenant identification
ground sign, the City would like Kraus-Anderson to indicate in
writing their intentions for additional changes for shopping
center signage, that is, if another major tenant moves in to
the center will he want the same consideration for a sign.
Ms. Camry and Mr. Pope conveyed agreement to have Kraus-
Anderson respond by letter.
Commissioner Zak referred to the height and size of the sign
and Mr. McDonald confirmed it was 144 square feet. She asked
for confirmation that the bar area and no arcade would not be
open to non-patrons.
Mr. Enge stated the bar area is only a waitress stand.
Commissioner Zak asked if it was envisioned to grant
alternative leases, such as gift centers, receptions areas,
etc., and would the parking situation allow it.
Mr. Enge responded that those options are market driven and
research indicates there is a potential market there, but
special programs and packages they would like to encourage is
with Senior Citizens and Child Care Centers and they would
probably be handled by buses.
Commissioner Sonsin called attention to a notation on the
interior site plan regarding retail provision for future and
cautioned that no retail enterprise is under consideration at
present other than the Cinema-Drafthouse movie, food service
and arcade, and confirmed with petitioner that permits for
such future retail would require return at another date to
apply for such permits, etc.
New Hope Planning Commission -6- November 7, 1990
Mr. Don Lyngen, 2840 Winnetka Avenue North, questioned the
petitioner if there would be liquor served, and also commented
on the added traffic that would be flowing past his driveway.
Mr. Enge explained that they are restricted to use of beer and
wine only in their establishments, with sale of alcohol being
heavily regulated and only a small part of their program,
accounting for only 10-12% of sales, and the majority of sales
derived from admission and food.
Ms. Camry addressed the traffic question, comparing it to the
amount that former grocery store generated, and stated it
would initially be a great deal less.
MO~ION Motion by Commissioner Gundershaug, second by Commissioner
Friedrich, to approve the varionce ~o sign and parking
requirements, and site/building plan review, requested in
Planning Case 90-29, subject to the following conditions:
1. Building owner to submit a letter of intent to City on
long range sign plan addressing future development and
signage.
2.Identification limited to Cinema 'n' Drafthouse only.
3. Changeable letter panel to display title and ratings
only for current two movies within 144 square feet as
proposed, and not to he used as reader board.
Conditional use for parking.
5.Eliminate line of advertising ("Great Movies, Spirits,
& Food") shown on plan.
6. Construction of new trash enclosure closer to the south
door in compliance with City code.
Voting in favor= Zak, Cassen, Sonsin, Friedrich, Cameron,
Gundershaug, Oja, Watschke
Voting against= None
Absent: None
Motion passed.
Chairman Cameron welcomed the petitioner to New Hope.
PC-32 (3.4) Chairman Cameron introduced the hex= case and Kirk McDonald
R E Q U E S T T O called attention to the Planner's Report which outlines the
C O N S I D E R parts of the 42nd Avenue Study to be amended, and states that
R E S O L U T I O N 42nd Avenue will be the community commercial focal point and
AMENDING THE 42ND the highlighted areas are designated for either high density
AVENUE IMPROVE- residential or commercial development. He added that the
MENT STUDY IN- amendment necessitates a Minor Comprehensive Plan amendment
VOLVING PROPER- which has been submitted to the Metropolitan Council for their
TIES FROM MPLS. review.
NORTHFIELD &
LOUISIANA AY. N. Chairman Cameron questioned if there has been any comment or
question from property owners or anyone else.
New Hope Planning Commission -7- November 7, 1990