010291 Planning AGENDA
PLANNING COMMISSION MEETING OF JANUARY 2, 1991
CITY OF NEW HOPE, MINNESOTA
7:30 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC HEARINGS
3.1 Case 90-35B Request for Site/Building Plan Review Approval to Modify
Existing Building, 4300 Xylon Avenue North, Weis
Builders/K-Mart, Petitioners
3.2 Case 90-40 Request for Site/Building Plan Review Approval to Modify
Existing Building and Construct Building Addition,
Variance to Side Yard Setback, Variance to Expand Non-
Conforming Building, and Conditional Use Permit to Allow
Loading Berth in Front Yard, 7300 36th Avenue North,
Creamette Co., Petitioner
3.3 Case 91-01 Request for Conditional Use Permit to Allow a Convenience
Food Operation, 4219 Winnetka Avenue North, Timothy C.
Johnson/Taco John's, Petitioner
3.4 Case 91-02 Request for Variance to 8-foot Fence Height Requirement,
7300 36th Avenue North, Creamette Co., Petitioner
4. COMMITTEE REPORTS
4.1 Report of Design and Review Committee
4.2 Report of Codes and Standards Committee
A Discuss warehouses as permitted uses in the "I-l" Limited
Industrial Zoning District
B. Discuss Deferred Parking Ordinance
5. OLD BUSINESS
6. NEW BUSINESS
6.1 Approval of Planning Commission Minutes of December 4, 1990
6.2 Review of City Council Minutes and City Council Executive Session
Minutes of November 26, 1990, and City Council Work Session Minutes of
November 27, 1990, and City Council Minutes of December 10, 1990.
6.3 Review of EDA Minutes of September 10, 1990, and December 10, 1990.
7. ANNOUNCEMENTS
8. ADJOURNMENT
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 90-35B
Request: Request for Site/Building Plan Review to Modify
Existing Building
Location: 4300 Xylon Avenue North
PID No.: 18-118-21 11 0013
Zoning: B-4
Petitioner: Weis Builders/K-Mart Corporation
Report Date: December 28, 1990
Meeting Date: January 2, 1990
UPDATE
The City Engineer completed his review of the K-Mart parking lot plan oh
December 28th and has drafted a revised/recommended plan for K-Mart's
review. Time schedules did not permit a meeting before the January
Planning Commission meeting, therefore staff is recommending that this
matter be tabled again until the February Planning Commission meeting.
Staff has arranged a meeting with Weis Builders and K-Mart officials for
January 16th to review the plan drafted by the City Engineer. At that
time the recommendations from the original Design & Review Committee
meeting will also be discussed with K-Mart. After the meeting it is the
staff's expectation that K-Mart will submit a revised plan for considera-
tion at the February Planning Commission meeting.
The original report and recent correspondence is attached for your
information. The plan drafted by the Engineer will be available for your
review at the meeting.
Attachments: Management Assistant's Letters 12-28-90 & 12-11-90
Applicant's Letter 12-3-90
Planning Report 90-35B December 4, 1990
4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521
December 28, 1990
Mr. Tim Reiner
Weis Builders, Inc.
3601 Minnesota Drive
Minneapolis, MN 55435
and
Fallon Associates
K-Mart Corporation
3100 Big Beaver Road
Troy, MI 48084
Subject: K-MART SITE & BUILDING PLAN REVIEW APPLICATION
Gentlemen:
The New Hope City Engineer has completed his review of the parking lot layout
plan for K-Mart and is prepared to make recommendations. As per my phone
conversation with Mr. Reiner on December 28th, we have arranged to meet at
1:30 p.m. on January 16th at the New Hope city Hall to discuss the plan.
As we discussed, I am recommending that the New Hope Planning Commission
table this matter again at the January Planning Commission meeting (to be
held January 2nd) because time schedules do not allow for a meeting before
that date.
The February Planning Commission meeting is scheduled for February 5th and
revised plans are due January 28th (see enclosed schedule) . I would
recommend that after our meeting on January 16th that a revised plan be
submitted on or before January 28th so that this matter can be discussed at
the February meeting.
Please contact me if you have any questions.
Sincerely,
Kirk McDonald
Management Assistant/Community Development Coordinator
KM/lb
Enclosure: 1991 Planning Commission Schedule
cc: Dan Donahue, City Manager
Doug Sandstad, Building official
Alan Brixius, Planning Consulta~n~ ~
Planning CommissiO~amily StYled CitY'k~'~k~~Y' '~" ~ For Family Living
4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521
December 11, 1990
Weis Builders, Inc.
3601 Minnesota Drive
Minneapolis, MN 55435
and
Fallon Associates
K-Mart Coporation
3100 Big Beaver Road
Troy, MI 48084
Subject: REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW CONVENIENCE FOOD
SALES - PLANNING CASE 90-35
Gentlemen:
Please be advised that on December 10, 1990, the New Hope City Council
approved the referenced request as submitted in Planning Case 90-35A.
The request involves the relocation of convenience food sales within
the store.
The City Engineer is in the process of reviewing the parking lot layout
and when he has completed his study the City will contact you so we can
proceed with the site/building plan review approval for the exterior
alterations (Planning Case 35B) . I expect he will have his
recommendations to us within the next 10 days.
If you have questions, please call.
Sincerely,
Daniel J. Donahue
City Manager
Kirk McDonald
Management Assistant/Community Development Coordinator
KM/lb
cc:Planning Case File 90-35
Property File
Family Styled City ~ For Family Living
Weis Builders, Inc.
multi-family, commercial, institutional - since '1939
December 3, 1990
City of New H~pe
4401 Xtlon Avenue, North
New Hope, MN 55428
RE: Conditional Use Permit and Site and Building Plan Review.
K mart #3045, New Hope, MN
Dear Mr. Sandstad:
Weis Builders/K mart Corporation would like a 30 day extension for
the Site and Building Plan Review Application, submitted October 12.
Please continue with the Conditional Use Permit proceedings for
Dive-In and Convenience Foods as previously submitted.
Sincererly yours,
WEIS BUILDERS, INC.
David P. Johann'
Architect
DPK:kjr
CC: Tim Reiner
METPO OFFICE CORPORATE OFFICE
3601 West 77th Street * Suite 110 2227 N.W. 7th Street · P.O. Box 6757
Minneapolis, Minnesota 55435 Rochester, Minnesota 55903
Phone 612-831-9060 Phone 507-288-204t
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 90-35B
Request: Request for Site/Building Plan Review to Modify
Existing Building
Location: 4300 Xylon Avenue North
PID No.: 18-118-21 11 0013
Zoning: B-4
Petitioner: Weis Builders/K-Mart Corporation
Report Date: November 30, 1990
Meeting Date: December 4, 1990
BACKGROUND
1. The petitioner is requesting a site/building plan review approval to
modify the existing building, pursuant to Sections 4.03PA(id) (th) of
the New Hope Code.
2. This request was considered at the November 7th Planning Commission
meeting in conjunction with a conditional use permit request for
convenience food and the case was tabled and directed to the Design
& Review Committee.
3. Staff is recommending that the interior (conditional use permit)
work and exterior (site/building plan review) work be separated into
two cases. Staff further recommends that the request for site/
building plan review approval be tabled until January.
4. The K-Mart parking lot and site plan are an integral part of the
entire City Center area and have an impact on surrounding
properties. Any site plan should be coordinated with and compliment
the bank property at the northeast corner of 42nd and Xylon Avenues
and with the new Applebee's parking lot.
5. The original plan has been forwarded to the City Engineer so that he
can analyze the flow of traffic between these properties, the design
and layout of the parking lot, curb cuts, and drainage patterns.
The Engineer will complete his analysis in mid-December and those
recommendations will be forwarded to K-Mart along with the
recommendations from Design & Review and the Planning Consultant.
There are a number of issues to address and a variety of persons
need to give input on these issues. Staff would prefer to spend the
time that is needed on this proposal so that all issues can be
addressed - which hopefully will result in a plan that is acceptable
to both the City and K-Mart.
Planning Case Report 35B
December 4, 1990
Page -2-
6. K-Mart is agreeable to tabling the request and will wait to revise
their 91an until the staff recommendations are prepared.
7. Design & Review met with the petitioner and the following issues
were discussed and will be incorporated into the revised plan:
-continuous curbing around the site,
-snow storage,
-restriping of lot,
-main drive aisle not aligned with Xylon curb cuts,
-bank and Applebee's parking lot entry
-angle parking vs 90° parking
-excessive parking
-improved landscaping
-trash enclosures
-several larger green areas vs multiple small islands
It was the consensus of Design & Review to routinely approve the
interior convenience food and to table the site/building plan
review. Once the recommendations from the Engineer are received,
they will be combined with the Design & Review recommendations and
forwarded to K-Mart.
RECOM~ENDATION
Staff recommends tabling the request for site/building plan review
approval for one month.
Attachments: Refer to Planning Case 35A
CITY OF NEW HOPE
PLANNING CIa,SE REPORT
Planning Case: 90-35
Request: Request for Site/Building Plan Review to Modify
Existing Building and Conditional Use Permit to
Allow a Drive-In and Convenience Foods in a B-4
(Community Business) Zoning District
Location: 4300 Xylon Avenue North
PID No.: 18-118-21 11 0013
Zoning: B-4
Petitioner: Weis Builders/K-Mart Corporation
Report Date: November 2, 1990
Meeting Date: November 6, 1990
~ACKGROUND
1. The petitioner is requesting a site/building plan review to modify
existing building, and a conditional use permit to allow a drive-in
and convenience foods in a B-4 Zoning District, pursuant to Sections
4.039A(ld)(2b), 4.134(1) and 4.124(3) of the New Hope Code.
2. The existing K-Mart Store was originally developed in 1971 and no
major changes have occurred on the site since that time.
3. The petitioner is requesting site/buil~ing plan review approval to
remodel the existing building and to add a new eatery at the front
northwest corner of the store. The existing food bar area in the
back would be removed. Extensive modifications to a building
require site/building plan review approval.
4. The petitioner is requesting to remove the existing store front
glass located on each side of the existing entry and infill with
decorative concrete block to match the store. These plans are part
of a nationwide K-Mart Corporation expansion and refurbishing
program and if the requests are approved the store would be updated
to K-Mart's new style. The replacement of the glass with solid
walls would increase the merchandise area and provide greater
selection to customers.
5. The petitioner is also requesting a con~itional use permit to allow
the sale of convenience foods at a new eatery. The primary function
would be to provide an in-house convenience to customers by serving
food. City Code defines "Convenience Food Establishment" as "one
which serves food in or on disposable containers for consumption on
or off the premises and where customers are generally served at a
pick-up station by clerks rather than served at tables by waiters or
waitresses". Technically, a conditional use permit is required for
this type of food service.
Planning Case 90-35
November 7, 1990
Page -2-
6. The standards to be considered for the granting of a conditional use
permit for convenience food are listed below:
A. Architectural compatibility
B. Five foot landscaped green strip at residential district
boundaries
C. Light standard islands in parking lot to be landscaped
D. Continuous curbing on parking areas and driveways
E. Limited vehicular access points
F. Approved drainage system
G. Surfacing to control dust and drainage
H. Loading berth
I. Screened and enclosed refuse storage
7. As part of the building plan/review approval, the petitioner is
proposing to add additional landscaping and planting areas to the
site to enhance the store's image to the surrounding neighborhood.
New planting islands will be added to the parking lot to help direct
traffic and highlight the entry to the store. Additional planting
beds will be placed between the existing trees along 42nd Avenue and
Xylon Avenue.
8. Property owners within 350' of the request have been notified.
ANALYSIS
1. The conditional use permit requirement is a technical ordinance need
because the eatery will result in the sale and consumption of
convenience food. K-Mart will close the existing food bar in the
rear of the store and shift this use to the front of the store. The
eatery is for the sole use of K-Mart customers and has no separate
public access door, however note that two new doors will be
installed to the south and north of the existing entrance on the
west side of the building. No problems are envisioned by the staff.
The new eatery would be required to comply with various building and
health code reviews and inspections.
2. The majority of convenience food conditional use permit standards
are already met.
3. The major issue involves major exterior remodeling of the west front
wall of the store to remove all glass windows and~replace with
matching brick. While this is a good sales business strategy by K-
Mart, the remodeling has significant impacts upon the aesthetics of
the property.
4. The developer and owner were advised by staff to give some thought
to this issue and they have proposed to add significant landscaping
to the west side of the site, which is currently all asphalt excepU
for the existing trees around the perimeter. They have proposed to
~add 21 trees and 265 shrubs (see planting schedule).
Planning Case Report 90-35
November 7, 1990
Page -3-
5. Much of the landscaping will be planted inside eight (8) planter/
islands within the parking lot, which will provide some traffic
control safety-improvement as well as green area. A total of seven
(7) new planting beds will be added around the perimeter of the site
where little landscaping now exists. Six trees will be added around
the perimeter and 15 trees will be incorporated into the planter/
islands.
6. Staff commends K-Mart for their landscaping efforts which succeed in
"balancing" the lost building glass with the introduction of trees
and shrubs to soften the look of the remodeled building.
RECOMMENDATIONS
Staff recommends approval of the requests for Site/Building Plan Review
to modify the existing building and the Conditional Use Permit to allow
convenience food sales in a B-4 Community Business Zoning District by
Weis Buildings, Inc./K-Mart Corporation.
Attachments: Section/Zoning Map
Letter from Petitioner
Site Plan
Floor Plan
Elevations
Eatery Express Detail
Landscape Plan Details
Landscape Plan Schedule
NEW HOPE
SCHOOL
CIVIC
CENTER
HALL
FIRE ~ ·
STATI~ ~ ~ 0
A~
GETHSEMANE
CEMETERY
SCHOOL
Weis Builders, Inc.
Description of Request:
We request a Conditional Use Permit for a new eatery located in the
northwest corner at the existing K mart store. We also request
Building Plan Review Approval to remove the existing storefront
glass located on each side of the current entry, and infill with
decorative concrete block to match the store.
Reasons Request Should Be Granted:
K mart Corporation is currently under a nationwide expansion and
refurbishing program. In allowing the above requests, this store
would be updated to K mart's new style. The new eatery would be
located within the northwest corner of the store. It's primary
function would be to provide an in-house convenience to it's customers
by serving food. K mart wishes to remove the existing storefront
glass and construct solid walls to increase the merchandise area for
greater selection to their customers. As part of the Building Plan
Review Approval, K mart will add additional landscaping and planting
areas to the site to enhance its store and image to the surrounding
neighborhood. New planting islands will be added to the parking lot
to help direct traffic and highlight the entry to the store. Additional
planting beds will be placed between the existing trees along 42nd
Avenue and Xylon Avenue.
3604 Minnesota Drive · Suite ~ ID
Minneapolis, Minnesota 55435 Rochester, Minnesota
Phone 6~2-83~-9060 Phone 507-288-204~
!
C.;AIRDEN CENTEIR -.-
KI~AIRT ~045
XYLON AVENUE.. ~ /
SITE PLAN
Plant Material
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CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 90-40
Request: Request for Site/Building Plan Review Approval to
Modify Existing Building and Construct Building
Addition, Variance to Side Yard Setback, Variance to
Expand a Non-Conforming Building, and Conditional
Use Permit to Allow Loading Berth in Front Yard
Location: 7300 36th Avenue North
PID No.: 17-118-21 34 0003
Zoning: I-1 (Limited Industrial)
Petitioner: Creamette Company
Report Date: December 28, 1990
Meeting Date: January 2, 1991
UPDATE
1. On December 19th Creamettes presented revised plans to the City and
met with City staff. The plans were submitted after the scheduled
Design & Review meeting (December 13th), but before the revised plan
deadline (December 24th). The revised plans were forwarded to the
Planning Consultant and City Engineer for review.
2. The changes that Creamettes noted in the revised plans and which
they will explain in greater detail at the meeting, include the
following:
A. A new decorative woodscreen fence 10 feet in height is being
proposed for the east property line behind the properties
located between 3709 and 3725 Maryland Avenue North. A
separate variance application has been made for this request.
Creamettes has stated that the request is being made on behalf
of the abutting property owners.
B. A new catch basin has been added to the southeast corner of the
property showing that the drain tile around the building and
the roof drains connect into the catch basin, which is linked
to the existing storm sewer system in the street. The drain
tile and roof drains on the north half of the building drain
into the catch basin on the north near the new garage addition.
The intent of these revisions is to better illustrate the
drainage system.
C. The rooftop units have been moved back from the edge to the
westerly side of the new addition. The revised plans show
metal panel screen walls surrounding the units.
Planning Case Report 90-40
January 2, 1991
Page -2-
D. Handicapped parking stalls are shown on the plan.
E. The dimensions of the parking stalls have been corrected.
F. The site plan data has been revised to show a correct green
area ration of 40.3%.
G. A more detailed grading and utility plan has been submitted.
H. The materials and height of the screening walls around the
rooftop units are shown.
I. The sizes and number of trees has been clarified on the
landscape plan. The plan shows:
15 new Colorado Spruce (4'-6')
23 new Evergreens (4'-6')
The majority of the new plantings would be on the east property
line. Creamettes estimates a cost of $30,000-$40,000 for
landscaping.
J. The front dock on the southeast corner has been screened by a
wall.
K. Downlights have been added for security.
L. Exist doors have been illustrated on the floor plan.
M. Recycling area is illustrated.
The revised plans address a number of issues that were raised at the
last meeting, however staff still has some concerns as outlined
below.
3. The Building Official prepared the enclosed graphic which
illustrates the types of complaints the City has received over the
years about the Creamettes operation, as per your request.
4. Staff has also prepared the attached chronology of approvals
Creamettes has received from the City. Note that only one variance
was approved (1975).
5. All concerns of the Fire Department have been resolved.
6. The revised plans were submitted to the City Engineer for review and
the following recommendations made:
A. The previously recommended storm sewer has been incorporated
along the east side of the building and driveway, however a
small detention area for collection of storm water still needs
to be provided.
Planning Case Regort 90-40
January 2, 1991
Page -3-
B. It is recommended the Creamette~s expansion be reviewed by
Bassett Creek Watershed for conformance with their
requirements.
7. The revised plans were submitted to the Planning Consultant for
review, who recommends approval of the CUP and variance based on the
revised site plan subject to the following conditions:
A. Parking lot resurfaced to meet City performance standards,
B. Applicant to provide information to City regarding acoustical
and aesthetic adequacy of proposed metal panel walls for
rooftop screening or relocate vent fans west of masonry wall,
C. Loading berth at southwest corner be removed or limited to use
by trucks less than 50 feet in length due to maneuvering
conflicts,
D. Utility easements be changed to meet city requirements.
E. Revision of Environmental Assessment Worksheet.
8. Creamettes has submitted an Environmental Assessment Worksheet. It
is attached to this report and staff has circled areas of concern.
The EAW must be revised and resubmitted with more detailed
information.
9. Potential pollution concerns raised by residents at the last meeting
are not addressed. Anticipated noise and dust levels, both during
construction and operation, must be indentlfied and steps for miti-
gation should be described.
10. Traffic is still a concern to the staff. Traffic implications have
not been addressed and a traffaic engineer has not been involved
with analysis of the project. A 41% building expansion will have
traffic implications and these need to be addressed by the
petitioner.
11. Platting is the last major concern of the staff. Creamettes was
informed by the City Manager that they must plat the property to
resolve the easement issues. No plat application has been received.
Any approval should be subject to the platting.
RECOMMENDATION
Staff supports the Creamettes expansion plan and feels that the revised
plans address a number of issues. However, there are sill several major
issues to address:
-Platting
-Environmental Worksheet
-Noise/Dust/Odor
-Traffic
-Engineer/Planner Comments
Planning Case Report 90-40
January 2, 1991
Page -4-
Any approval should be subject to addressing the concerns outlined in
this report. Because the concerns are major issues, perhaps it would be
more appropriate to table this case for one more month so that the
petitioner can address the remaining concerns.
Attachments: Revised Plans: Site Plan
Grading/Utility Plan
Landscape Plan
Elevations
Floor Plan
Light Fixture Details & Footcandle Pattern
Consultant's Report: EAW Comments
Comments-Revised Plan
Environmental Assessment Worksheet
City Engineer's Comments-Revised Plan
Graph re: Complaints
Chronology of City Approvals
Original Report & Attachments
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7685 C~ATE WAY 920 2~ AVE~ ~TH
PROPOSED ADDITION FOR: I J~ J
THE CREAMETTE COMPANY GRADING and UTILITY PLAN
7300 36th AVENUE NORTH
NEW HOPE, MIM~SOTA
CONTRACTOR ARCHITECT
SWEDENBORG CONSTRUCTION CORP. WALSH BISHOP ASSOCIATES, INC.
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7300 36lh AVENLIE NORTH 7685 CORPORATE WAY 920 2nd AVENU~ SOUTH
NEW HOPE, IvlINI'~SOTA EDEN PRAIRIE. ~SO~rA 55344 MINNEAPOLIS, MINNESOTA 55402 ~,,'/~'~'o -- ~ FLOOR PLAN
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DEC 2 T 1990 i .... "
APPLICATIONS
WALKWAYS
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SECURITY LIGHTING
SPECIFICATIONS
HOUSING: EXT~UC~;O ALUMINUM .125 WALL
BAFFLE: MULTI-GROOVE, EXTRUDED ALUMINUM.
TRANSFORMER: CONSTANT WATTAGE AUTO-
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BRACKET: CAST ALUMINUM '
FINISH: HOUSING, PAINTED AND BAKED DARK
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UNION LA~EL: (I.B.~_W.)
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DEC--2?--90 THU 9 : 15 P - 02
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius
DATE: 27 December 1990
R~: New Hope - Creame%te's EAW
FIL~ NO: 131.01 - 90.40
We have reviewed the Creamette's EAW and offer the following
comments:
1. Sanitary Sewer: The existing and projected sewer £1ows
should be presented and assessed against in-place
infrastructure.
2. Storm Sewer: The building addition will change on-site
s%ormwater drainage patterns. The proposed ~dditlons to the
on-site drainage system should be described for EAW review.
3. Potential pollution concerns raised by the residents at the
last Planning Commission meeting are not addressed.
Anticipated noise and dust levels both during constructinn
and plant operation should be identified. Step~ for noise
and dust mitigation should be described and r~viewed to
established appropriate standards for both during
construction and during plant operation.
cc: Dan Donahue
Doug Sandstad
4601 Excelsior Blvd,.Suite 410.Minneapolis, MN 55416.(612) 925-9420.Fax 925-2721
D£C--27--90 THU
.ort,_,h..we,st Associated,, Consultant
PLANNING REPORT
TO: Kirk McDonald
FROM: Elizabeth Stockman/Alan Brixlus
DAT~: 27 December 1990
New Hope - Creamette Company CUP and
variance
FILE NO: 131.01 - 90.40
EXECUTIVE SUMMARY
BACKGROUNDt
This report is to serve as an addendum to our November 27 and 29,
1990 planning reports. This report addresses revised site plan
issues discussed at the December 4, 1990 Planning Commission
meeting.
RECOMMENDATIONt
Although many issues have been addressed by %he applicant after
review of previous planning reports, several issues remain
outstanding. Our office recontmends approval, of the CUP and
varipnce based on %he revised site plan, provided the fo]lowing
conditions are met~
1. The existing Creamette Company parking lot is resurfaced to
meet City performance standards.
2. The applicant p~ovide information to the City regardi, ng the
acoustical and aesthetic adequacy of the proposed metal
panel walls which would screen the roof tod equipment or
relocate the ventilation fans west of the masonry wall.
3. The loading berth located in the southeast corner of the
Creamette Company building be removed or limited to u~e by
trucks less than 50 feet in length due to maneuvering
conflicts within the 36th Avenue North driveway and right-
of-way.
4601 Excelsior Blvd.. Suite 410.Minneapolis, MN 55416.(612) 925-9420. Fax 925-2721
]~l E C-- 27-- 90 THU 9 : i 6 P = 04
4. A new variance be obtained for the proposed decorative wood
~¢reen fence on the east side of the site due to height
conflicts.
5. The utility easement shown on %he site plan be changed to
meet with City recommendations after the final plat
documents are complete.
6. An environmental assessment worksheet be completed on the
Creamette Company site and plan.
Loadin~ Berths. The redesign of the eastern most loading berth
from an angled position to a 90-degree position parallel to the
east edge of the Creamette Company building has eliminated the
problem of noise and proximity to the residential area. The new
design maintains the 57' screening and buffering zone on bhe east
side of tpe building, but also presents a new problem regarding
the spatial requirements necessary for the semi-trailer trucks
maneuvering space when backing into the berth, it is our concern
that in order to achieve the proper backing angle, a 50' or
larger semi-truck would need the use of the exit drive, sidewalk
right-of-way, and a portion of the 36th Avenue North right-of-
way. This is a major design and safety hazard which should be
avoided. A possible solution tO the problem would be the
regulated usage of the berth for trucks less than 50 feet, so as
not to obstruct the exit drive and rights-of-way at any time.
Parking, The Creamette Company has adequately addressed the
issue of handicapped parking requirements raised in previous
reports. The site plan now shows five stalls of the proper size
and location to comply with the City's design standards.
The total number of standard parking stalls has been reduced from
266 to 265 %0 allow the additional space necessary for the
inclusion of the handicapped stalls. This slight reduction still
adequately satisfies the required number of off-street parking
spaces.
C~~ The recen~ revision tO the Creamette Company
~lte plan includes a perimeter curb barrier around the entire
parking lo=. This issue, as raised in the previous reports, has
been satisfied with this addition to the plan, however, the
related issue of resurfacing the existing drives and parking
areas has not yet been addressed on the site plan. At a minimum,
the driveways and parking stall areas should be resur~aced with a
six inch class five base and bituminous topping to meet City
performance standards.
2
DEC--2?--90 THU 9 : 1T P. 05
Green SDa~9.. The proposed green area of 281,412 square feet as
verified from the previous proposal is 40.3%. This area remains
more than adequate by exceeding the required 35% minimum
required by ordinance.
Roof Top Equipment Screeninq. In response to the issue raised in
~P~vious reports, the applicant has provided for the inclusion of
metal panel screen walls to buffer =he noise and visual effects
of %he roof top equipment on the proposed addition to the
building. The roof top equtpmen% on the existing building is to
be screened by means of a decorative' masonry screen wall along
the existing £acade. Our concern lles in %he adequacy and
ability of the metal to buffer the sound and also in the
architectural compatibility of the metal with the masonry screen.
Of utmost importance is the minimization of noise levels from
the roof top units. The acoustic control qualities of metal
tend to be less effective than those of masonry or other
materials. Many options need to be addressed by the applicant
to improve on this proposal. For instance, the usage of spray
on acoustical foam, wood in association with metal siding, sound
blankets and/or the total enclosure of the equipment in a
penthouse with louvers would all provide for better control of
acoustical noise. Another option may also be the relocation of
the proposed roof top equipment to a point behind the existing
masonry screen wall.
Decorative Wood Screen Variance. Application for a variance on
The height of the wood screen fence on the east side of the site
would be necessary as the plan currently shows it, due to the
proposed fence exceeding the allowable 8 foot height limit.
Although a fence of 8 feet would probably be adequate in
association with the proposed vegetative plantings.t? ~creen the
abutting residential property from industrial activities, a 10
foo% variance may also be acceptable to satisfy the applicant's
concerns and/or accommodate the wishes of the abutting
residential neighbors.
Utility Easement. It has been relayed to us that the placement
and width of ~he u~ility easement on the Creamette Company site
is negotiable until the final plat has been completed. It should
be noted that the sanitary and storm sewer lines (which will run
parallel) need to be setback a minimum of 60 feet from the
building.
I:II~ C-- 27--':-)0 THU 9 : 1 8 P . 86
gnvl~onmen~al Assessmen~ WoNkshee~. I% ia required that an
Environmental Assessment Worksheet be completed and reviewed by
the appropriate individuals and/or organizations in response to
the final site, grading, u~ility and landscape plans.
CONCLUSION
We recommend approval of the ou=s=anding CUP and variance
requests based on ~he ~evised site plan, subject to the
conditions outlined in the Executive Summary of this report.
cc: Dan Donahue
Doug Sands%ad
]) EC-- 27--90 THU 9 : 18 P . 0 ?
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~ EXHIBIT A: REVISED SITE PLAN
E. R. I (filled ! E~) 10/1/82
Environmental Assessment Worksheet (EAW)
NOTE TO REVIEI~ERS: Written c~mments should acidness the accuracy and completeness of fha
E^w Info~matlon, ~otentlal Impacts that ~ey warrant i~vestigatlon and/o~ the need for an
ElS. Such ccewnents must be sub~lt~ed fo t~e Responsible Government Unit (RGU) during the
30 day i~rlod follo~l.~g notice of the E^~I~s avatlablll~y In the EQ8 Monitor. Contact the
EOf) (512/296-3985) o~ the RGU to find out when the 30 day conment period ends.
INSTRUCTIONS: Guidel Ines for assisting i~ completion of thls ~o~ksheef ~ey be obtalned
from E~)8. ,~'ovlde all Information which Is reasonably accesslSle. A~fach additional
sheets If necessary. F_XPLAI~I ALL N~SWERS.
I Name Creamette Plant Expansion
2 ~o~oser The Creamette Company ~ ~u City of New
~f~ P~.. ~ ~n ~tterer ~nf~f Per~. ~u~ ~dstad
Ad~s 7300 ~ 3Otb Avenue North Ad~s ~0] Xylon Avenue North
New Hope, ~ 55~27 New Ho~, ~ 55~28
P~ne 333-~285, Ext. ~16 P~ne 533-1521
~¢oJ~ L~atio,: ~/~ ~/4 S~¢lon 17 Tow.ship ]18 Range 21
a. ~un~ ~ Hennep~n Ci~y~ow.sh~ ~ New Ho~
b. *?~h e~h of ~ foll~l~g ~ f~
dl~r~s ~ ~lel p~ ~lch cle~l~ Indicate ~ s~clfl¢ ~
dacl~ a~ ~hy of ~ ~ site.
~.a sl~e plan s~wl~ ~ I~flon of slgnlfican~ fea?~ s~h as
~s~ s~uct~, ¢~s, ~en~ of fl~ plain, ~tlands, ~1 Is,
4. 'an ~ls~lng lend u~ ~, a~ If ~all~le, a zonl~ ~p of ~ I~
Construction of 73,8~ sq. ft. of additional builEin~ ~d ~if~tioa of
18,~2~ sq. ft. of existi~ building. It ~s es~i~t~ that
aRproxi~tely six ~aths to coaplete the pro]ect.
1
Requested by the
6 ~eason ~' ~ ~'~a~a.o.: City o.f ~ Sope ,
7 Es~ime~ ~s~.~tion c~ appro~tel~ ~.8~.000,
N~e of ~esl~n~l~l ~l~s --- oe ~cl~l. i~us~lel. ~ l~stl~
*~ona~ ~e f~ 73~ ft. tnd~t~ial
10 ~r of ~d ~.kl~ ~c~ 68 additional s~ for a total qf 265 s~ces.
~1: C~y oE Ne~ ~o~ ~nsc~ccion Permi~ Pendin~
b. ~t~ ~nslve 1~ u~ plsns?
If ~s, ~plaln: Y~i~ce ~d C~
3 Describe current e~l r~®.t past la~d use end development
o~ and ~ f~ slte,
Surrounding Z~d ~ is ind~trial, single ~d ~ltiple f~ily residential,
co~rcial ~d a c~tery.
~Ima*ely vha* ~r~flq of ~ si~ Is lfl e~h of ~ roi I~I~ caf~i~?
Af~
Crm~ ' 0 S 0 S ~(S~y) Bldg.
cation ~s, If khan. Clay
Explei~:
~ 17 "* "*' -'""+' '.+" "" '-+' ~:
a. ~d~at~. ml~, avg. b, ~dr~ ,, ml~. ,. avg.
c. Sta~ ~ finally ~slgna~ rlv~ leM u~ dls~lct?
I~nti fy wa~ ~y ~ ~pl Ic~le state classlf
a. suefac:e wa1.er qual Ity (on o~ off
b. groundwater quality Con or off 1.l~e
¢. groundwa1.ee levels in any wells (on or off
Explain bo~h during and afte~ construc*lon Including any discharges
Desorlbe tyl)e of treatment sys~ii and ~ount 1rea*ed In gal Ices/day. Show l~:a-
1'Ion of ~on-munlclpal sys~s ~ sl~e nmp and *~ r~ul1.s of laer¢ola1.1on~N~1.
If warranted. Indlca1.e If pre-l~'e es will be used, ~-
.:~ ~ L--- wal~r run-off. Include size and local.Ion of any retention basins, and discharge '~
~~ d~ ~,~,~..', ~..~ d~,+~.:~..~~ ~
'~ ~_. L . / ~'
there should not ~ ~y d~t or appr~ab2e ~i~. ~e building is approxi~te]y
60 ft. fr~ residenti~ pro~rty.
end *be met.hod and local.ion of dl s~osal: JVone
3
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Explain (sho. re~oucce~ on a sit® map and desc~'lbe Impact)=
e. o*~er ~lq~ ~s (s~clfy)?
Explain=
2
/~hat r~s will r~elve Increa~ ~afflc? (F~ e~h r~ l~lcefe ~ c~r~t
' aver~ dally ~afflc (~T) e~ Inc~ In ~T con~Ibu?~ by ~ ~.)
Summary of Issues
ga?lye ~as~ f~ t~ Iss~s.
CERTIFICATION BY RESPONSIgL. E GOVERNII~.NTAL UNIT
I I~y c~f'tlfy float the rnfocmatlon co~tal~ed In this documn* Is ~-ue and cocrect
to tt~e best of ~ kn~l~ a~ t~e~ ~1~ of ~ ~ple*~ EAW h~e ~n ~
Title
Bonestroo Otto G. Bonestroo, RE. Keith A. Gordon, P.E. Kenneth P Anderson. RE. Miles B. Jansen, RE
Rober~ ~L4 Rosene, RE. Richard ~'. Foster, PR. Mark R. Rolls, PE. L. Phillip Gravel IlL P.E
Joseph C. Anderiik, PR. Donald C. Burgardt, RE. Ro~er~ C. Russek, A.I.A. Eerie C. Pluma~ A.I.A.
Rosene Marvin L. Sorvala. P.E. Jern/A. Bourdon, P.E. Thomas E. Angus, RE. Agnes M. Ring, A.I.C.P
Richard E. Turner, RE. Mark ^. Hanson, P.E. Howard A. Sanford,
D James C. OIson, P.E. Ted K. Field. RE. Daniel J. Edgerton, P.E. Cecilio Otivier, P.E.
Associates Glenn R. Cook, P.E. Michael [ ,au:mann, P.E. Mark A. Seip.
Rober~ G. Schunicht, PR. David O. Loskota, P.E. Ismael Martinez, RE. Charles A. EricSon
Susan M. Eberlin, C.P.A. Thomas ~ Paterson, P.E. Mark D, '&'allis, P.E. Leo M Pawelsky
Michael C. Lynch, I~E. Thomas R. Anderson, AJ.A. Harlan M. Olson
Engineers & Architects James R. Maland, P.E. Gap/F Rylander, P.E.
December 26, 1990
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
Attn: Mr. Kirk McDonald
Re: Creamette's Expansion
Our File No. 34 Gen.
Dear Kirk,
We have reviewed the revised grading plan for the above project and recommend the following:
- The previously recommended storm sewer has been incorporated along the east side of
the building and driveway. However, a small detention area for collection of storm
water still needs to be provided.
- It's recommended the Creamette's expansion be reviewed by Bassett Creek Watershed
for conformance with their requirements.
If you have any questions, please contact this office.
Yours very truly,
BONF:~OO, I~ENE, ANDERLIK & ASSOCIATES, INC.
Marl~A. Hanson
34-Gen.
2335 ~Vest Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600
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CHRONOLOGY
Creamettes Warehouse
7300 36th Ave.
1959 Sanitary & Storm sewers installed from 36th to 38th Avenues
1961 Adjacent Vern Donnay Office Built (7324 36th Ave.)
1972 Site Plan approved P.C.72-50 (No Variances-No public Notices sent)
1972 Waiver of Platting approved- P.C.72-56 (Comments made about confusing lines)
1973 Council accepts Quit Claim Deeds for 38th Avenue street
'1975 Variance for building setback to east approved with addition P.C.75-47
1987 CUP approved for front-loading berth & Construction approval P.C.87-28
1988 Small addition made not requiring Council action per Site Plan Ord.
NOTE: ONLY ONE VARIANCE APPROVED [1975]
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 90-40
Request: Request for Site/Building Plan Review Approval to
Modify Existing Building and Construct Building
Addition, Variance to Side Yard Setback, Variance to
Expand a Non-Conforming Building, and Conditional
Use Permit to Allow Loading Berth in Front Yard
Location: 7300 36th Avenue North
PID No.: 17-118-21 34 0003
Zoning: I-1 (Limited Industrial)
Petitioner: Creamette Company
Report Date: November 30, 1990
Meeting Date: December 4, 1990
BACKGROUND
1. The petitioner is requesting site/building plan review approval, a
variance to the side yard setback requirement, and a variance to
expand a non-conforming building and construct a building addition,
pursuant to Sections 4.039(A), 4.034(4A), and 4.032(2, 10) of the
New Hope Code. The petitioner is also requesting a conditional use
permit to allow a loading berth in the front yard, pursuant to
Section 4.037(2d) of the New Hope Code.
2. The petitioner is proposing construction of 73,895 square feet of
additional building on the north side of the existing building and
the modification of 18,525 square feet of the existing building on
the east side. The petitioner has stated that these additions will
completely eliminate all truck loading/shipping and movement on the
east side adjoining residential dwellings while providing the
necessary space for increased production, product storage and
distribution.
3. The existing building is located 57 feet from the east side yard
property line and the City Code required a 75-foot side yard setback
in light industrial zoning districts, thus the existing building is
considered a non-conforming structure and a variance is needed for
expansion.
4. In addition, the portion of the building to be modified on the east
side will be built along the present building line (57 feet from the
east property line), therefore an 18-foot variance to the ?5-foot
side yard setback requirement is needed.
Planning Case Report 90-40
December 4, 1990
Page -2-
5. The existing building has 4 loading berths on the south side (front
yard) and the proposed addition includes one new additional loading
berth. City Code prohibits loading berths in the front yard, but
allows them as a conditional use for non-residential uses if they do
not conflict with pedestrian movement or obstruct the view of the
public right-of-way.
6. The site contains 16 acres, has two street frontages (36th and 38th
Avenues), and the adjoining Soo Line Railway provides transportation
for incoming wheat.
7. The original building was constructed in 1972 and additions were
built in 1975, 1987, and 1988, bringing the building to a present
size of 176,295 square feet. The original owner continues to
manufacture various Creamettes pasta products.
8. In the past there have been complaints from residential property
owners on the east about this industry. The nature of the
complaints has been noise (roof-top equipment and trucking/loading)
and odor. The petitioner's plans have taken these past complaints
into account.
9. The petitioner met with Design & Review and a number of issues were
discussed including: additional loading berth and curb radius,
landscaping on the east/south, driveway drainage problems, building
materials, lighting, parking, snow storage, roof-top equipment and
screening, environmental assessment, trash screening, truck traffic,
60 foot clear area requirement, and interior floor plan.
10. In addition, Design & Review discussed a preliminary fire protection
report that was submitted by the Fire Marshall regarding an access
road on the north, fire pump, standpipe system, and hydrants. The
petitioner subsequently has met with the Fire Chief and Fire
Marshall to discuss these issues. The petitioner submitted revised
plans as a result of these meetings.
11. Property owners within 350' of the site have been notified and staff
has received a number of inquiries about these requests. The
petitioner has met with the neighborhood as a group to explain the
plans on several occasions.
ANALYSIS
1. The Planning Consultant has provided a detailed report on this
request, which is attached. Staff supports the granting of the
setback variances because the building addition will not expand an
existing setback non-conformity and offers an'improvement in regard
to land use compatibility. By removing truck loading activities
from the east, adjacent residential concerns regarding vehicular
noise are eliminated and the building itself acts as a buffer.
Planning Case 90-40
December 4, 1990
Page -3-
2. This expansion will add 41% to the present building size, totalling
250,190 square feet. This results in a building/lot area ratio of
35% and meets the 40% code requirement. The green area ratio/
percentages need to be clarified. The submitted plan shows 43%,
however staff has calculated about 38%. The code requires 35%.
3. The petitioner has not submitted the required Environmental Assess-
ment Worksheet and that should be a condition of any approval.
4. The majority of the recommendations by Design & Review have been
incorporated into the revised plans except for: type of new
curbing, sizes of new trees, and trash compactor screening/
designated recycling space.
5. Four out of six of the recommendations by the Fire Marshall have
been met or resolved (items 1, 2, 5, and 6). The petitioner is in
the process of supplying water flow information to the Fire Chief
and he will make a final determination on the standpipe system and
number of required fire hydrants.
6. The Building Official has informed the petitioner that the Uniform
Building Code requires this size of a building to have a 60-foot
yard setback (clear area) on the southwest corner of the building or
a Protective Covenant on the titles of both properties (Creamettes
& Rainbow) prohibiting development in this area. The petitioner is
in the process of discussing acquisition of a small strip of
property from Rainbow to address this requirement. Any approval
should be subject to the condition that "space separation" require-
ment be resolved. The petitioner is actively pursuing several other
options, should the property acquisition not materialize.
7. Staff has a concern about the new loading berth proposed at the
southeast corner. The original plan was revised to recess the
loading berth into the facility, fully enclosing the truck. This
revised plan reduces concerns with regard to proximity to adjacent
properties (adverse noise). However, staff still finds inadequate
semi-truck maneuvering room exists to serve the new end dock which
is perpendicular to the front wall. The design creates truck
traffic conflict where the proposed new dock "meets" the existing
angled dock (as shown on Attachment A).
8. The City Engineer has reviewed the plans and recommends that:
A. A new storm sewer be extended from 36th Avenue into the
Creamettes property to address storm water runoff from the east
side of the building, and
B. The new loading dock will not function unless the easterly
drive is reconstructed.
Planning Case Report 98-40
December 4, 1990
Page -4-
9. Overall, staff finds this addition/modification to be a major
improvement because it will shift trucking noise to the west side.
The wall height along the east residential side of the building will
be increased to provide a visual screen of roof-top equipment and
provide for an effective noise barrier.
RECOMMENDATION
Staff recommends approval of the site/building plan review approval, the
side yard setback and expansion of non-conforming building variances, and
the conditional use permit for the loading berth in the front yard
subject to the following conditions:
1. Clarification of the green area ratio
2. Compliance with the Fire Department recommendations
3. Compliance with City Engineer recommendations regarding new storm
sewer
4. Revision of plan for new loading berth that is acceptable to City
Engineer and Building Official or elimination of loading berth or
reconstruction of easterly drive to accommodate loading berth
5. Resolution of 60-foot yard setback problem at southwest corner of
building
6. Revision of site plan to illustrate handicapped parking stalls
7. All off-street parking areas are provided a perimeter curb around
entire parking lot
8. Parking lot resurfaced to meet City standards
9. All roof-top equipment to be screened or painted to match building
10. Plans be modified to show designated trash areas and enclosure
construction detail
11. A detailed signage plan be submitted indicating sizes and materials
of all on-site signs
12. Submit required Environmental Assessment to City
Attachments: Section/Zoning Map
Site Plan
Grading and Utility Plan
Landscape Plan
Elevations
Floor Plan
Planning Consultants Report
City Engineer Comments
Fire Marshall Comments
Attachment A - Loading Berth Problems
SCHOOL
BUS ~.~oo
BETHEL J LIONS
CEMETERY ' PARK
,,
$$T~ AVE N
SINGLE FAMILy ~ --- - ..... '- -,X~T,,~CO~^.W MULTI-FAMILY
'x ...... 11 l l-Il I 1 II IH Hl-~J-~ [1tl t I H ; __
800 ~
.~ ~TA THE CREAMETTE COMPANY SITE PLAN
TOTAL ~ Afl~A ~,1~ I~. ~ ~W ~. ~T~
PARKWG DATA SWEDENBORG CONSTRUCTION CORP. WALSH BISHOP ASSOCIATES. ~C.
7685 C~TE WAY ~20 2~ AVE~ ~TH
' . . . . ..
................. ~ .............................. ~ ....... '-~-~-'
/ h., i i t
;IiTitlI'IIII
~.,t~
SOO L~ RA~O~
THE CREAMETTE COMPANY GRADING .~ UTILITY PLAN
73~ ~lh AVE~ ~TH
C~[~CT~ ARC'TIC[:
SWEDENBORG CONSTRUCTION CORP. WALSH BISHOP ASSOCIATES, INC.
7~5 C~ATE WAY 920 2~ AV~ ~TH
E~N PRA~, ~SOIA 55344 ~A~, ~TA 55402
F
' ~ ~ L~ ~ROAD
........... THE CREAMETTE CO.ANY
~' ~' ~ - - % ,='~ SWEDENBORG CONSTRUCTION CORP. WALSH BISHOP ASSOCIATES, ~C.
c~ c ~ ~ E~N ~. ~TA 55344 ~. ~TA 55402
~ .':'~."']i',,,-~ '~ ~i~ ~ ,. . ~ , ~ .....
CREAMETTE COMRANY SWEDENBORG CONSTRUCTION CORP WALSH BISHOP ASSOCIATES, ~C.~',. '~",~ I ~ I
THE
t WiPE . ~5OIA EDEN PHA~. ~SOIA 55344 ~AP~IS. ~IA 55402 '" .1-~ ,-,- ~*?.ELEVATION~ - ~
EAST ~.EYATIO~ st PROPERTY LiNE
PROPOSED A£)~tION FOR CON ] HACIOR ARCItI'[EC] ......................... .
;,%'," '--~
THE CREAMETTE COMPANY SWEDENBORG CONSTRUCTION CORP WALSH BISHOP ASSOCIATES, INC.
7'JO~) 3~,m AV~ NU~: NORf~t 71~i.~5 CQ"4~PORAI E WAY ,920 2,~d AVE~J~ SO~IH ~ 5
NEW IIOPE. JCNI'~O~A EDEN PRAIRIE ICJ',i~E$OfA 55LJ44 IVIINiNIEAPOLt$. MINI,~SOIA 55.402 ~'~ ELEVATION-~ -,
THE CREAMETTE COMPANY SWEDENBO.~ CONSmUCT,ON CO.P. WALS. ~,SHOP ASSOC,A~[S..C. ~~~ , ~ ,
761~5 C~ATE WAY 920 2~ AVE~ ~TH
-.-- ~ ~ - ~ FLOOR PLAN
THE CgEAMETTE COMPANY SWEDENBOgG GONS~flUCTION COgP. WALSH BISHOP ASSOCIATES, INC. :~:"'z=":"~'="- ~ ~ I ~"
Northwest Associated Consultants, Inc.
C URBAN P L A N N I NG · DES I G N · M AR K E T R ES E A R C H
PLANNING REPORT
TO: Kirk McDonald
FROM: Robert Kirmis/Alan Brixius
DATE: 27 November 1990
RE: New Hope - Creamette Company CUP and Variance
FILE NO: 131.01 - 90.40
EXECUTIVE SUMMARY
Background:
The Creamette Company, located on 36th Avenue North and
parallelling the Soo Line Railroad wishes to construct a 73,895
square foot addition to their existing 176,295 square foot
structure. In conjunction with the proposed expansion the
applicant is requesting a conditional use permit for the purpose
of adding a loading berth to the front of the Creamette building.
The applicant has also requested a variance from the I-1 required
side yard setback of 75 feet to allow a 57 foot setback on the
facility's eastern side yard which abuts a residentially zoned
area.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Landscape Plan
Exhibit C - Grading and Utility Plan
Exhibit D~- Landscape Plan
Exhibit E - Building elevations
Recommendation:
Based on the following review, our office recommends approval of
a variance to allow the proposed Creamette Company building
addition to lie within a required side yard. The allowance of
such a setback shall improve an existing condition and not exceed
an existing nonconforming setback.
4601 Excelsior Blvd.. Suite 410.Minneapolis, MN 55416.(612) 925-9420.Fax 925-2721
Compatibility. In addition to the said front yard loading
berths, a number of loading berths are located on the east side
of the Creamette Building which abuts a residential district. As
part of the proposed eastward building expansion, all east side
loading berths would be eliminated. In terms of compatibility
with the neighboring residential area, the proposed front yard 0
loading berth does present some concerns. In addition to a
vehicular maneuvering problem, it is believed the additional
loading berth will generate adverse noise impacts upon
neighboring residents. If the loading berth were to be
constructed, the tractor of a semi-trailer truck would lie
approximately 30 feet from adjacent multiple family residents.
Noise generated from the truck tractors would be most evident in
the summer months when the diesel truck engines will be fully
audible to open windows of neighboring residential buildings.
It is also believed that the land area to be consumed by the
additional loading berth would be better utilized for screening
and buffering the adjacent residential use. As such, the
submitted site plan should be revised to eliminate the
easternmost loading berth within the site's front yard.
Green Space. The subject size is 16.02 acres in size. The
proposed 73,895 square foot building addition would result in a
facility size of 250,190 square feet. Resultantly a green area
of 43 percent is proposed, far exceeding the required 35 percent
minimum required by ordinance.
Setbacks. Aside from the requested east side yard variance, all
proposed building addition setbacks are shown to conform to
minimum I-l, Limited Industrial District standards as listed
below:
Front Yard Side Yard Rear Yard
Required 50 feet 75 feet 75 feet
Proposed 85 feet 57 feet 240 feet
Parkinq. The existing Creamette facility provides 197 parking
stalls. To accommodate the proposed building addition, 69
additional stalls have been provided, thus resulting in a total
off-street parking supply of 266 spaces.
Landscaping/Screeninq. According to the submitted site plan most
landscaping and berming efforts occur at the eastern and southern
borders of the site and in key areas where specific screening is
desired. Specifically a mixture of coniferous Ash, Olive and
Crab trees are proposed and shall provide a year long visual
screening of the site's loading and parking activities. It .
should be noted that the only new plantings noted on the site
plan are 15 additional green Spruce trees which are to border the
eastern edge of the site.
It also should be recognized that a major impetus behind original
screening efforts along the east side of the subject property was
the proximity of loading activities to the nearby residential
district. With the proposed removal of east side loading
activities, adverse impacts to residences should be considered
minimal. Landscaping currently proposed shall primarily hold an
aesthetic function by breaking up a long expanse of barren
building facade.
Although not identified on the submitted plans, all roof top
equipment should be either screened from the adjacent street and
residential district or painted to match the principal building.
Gradinq and Utilities. A grading and utility plan has been
submitted and shall be subject to the review and comment of the
City Engineer.
Lighting. According to the submitted site plan, all exterior
lighting is to be a down lit type fixture attached to the
principal building. According to the City Zoning Ordinance, any
lighting used to illuminate an off-street parking area shall be
arranged to deflect light away from adjacent public streets. In
this regard, the proposed down lit lighting fixtures should pose
no significant problems.
Trash Areas. The submitted site and building plans have not
designated specific trash areas. The site plan should be
modified to include locations of dumpster enclosures. The said
enclosures should be constructed of materials consistent and/or
complementary to the principal building.
Signage. Neither the submitted site plan nor building elevations
have indicated where specific site signage is to occur. A
detailed signage plan must be submitted indicating sizes and
materials of all signs to be used on the property. This includes
wall and canopy signs as well as freestanding signs. The said
plan must be fund to be in accordance with Section 3.40 of the
City Ordinance and be approved prior to occupancy of the proposed
building addition.
5
CONCLUSION
Based on the preceding review, our office recommends approval of
a variance to allow the Creamette Company to exceed required I-1
side yard setback requirements. The granting of the variance
shall remove existing compatibility concerns resulting from semi-
trailer truck activities.
Conversely, our office cannot recommend approval of the
applicant's request to construct an additional loading berth
within the front yard of the subject site. Denial is recommended
due to both compatibility and site circulation concerns.
Variance and general site plan approval shall be subject to those
conditions listed within the Executive Summary of this report.
cc: Dan Donahue
Doug Sandstad
7
PLANNING REPORT - ADDENDUM
TO: Kirk McDonald
FROM: Alan Brixius
DAT~: 29 November 1990
RE: New Hope - C~eame%=e Company CUP and Variance
FII,E NOz 131.01 - 90.40
EXECUTIVE SUMMARY
Background~
This report is %0 serve as an addendum to our 27 November 1990
planning report. This report addresses revised site plan
drawings from Creamette received 26 November 1990. The revised
plan has responded to a number of issues cited in tile earlier
planr~ing report.
Recommendationt
Subject =o ~he following conditions, our office would recommend
approval of the CUP and variance based on the revised site plan.
1. The site plan iS revised ~o illustrate handicapped parking
stalls.
2. Ail o£f-stree= parking areas are provided a perimeter curb
around ~he entire parking lo=.
3. The Creamette Company parking lot is resurfaced to mee~ City
performance standards.
4. Ail roof top equipment shoul~ be either screened £rom the
adJacen~ residential district and s~ree= or pain=ed to ma~ch
the principal building.
5. The grading and utility plan is subject to review and
comment by ~he City Engineer.
4601 Excetsior BNd..Suite 410. Minneapolis, MN 55416.(612) 925-9420. Fax 925-2721
NOV--29--90 THU i 6 -' 26 P . 04
The expansion of =he Creamette building will elimina=~ truck
traffic from =he east side of =he building. Through this
bu£1d£ng alteration, a number of the nuisance concerns along the
eastern property llne are reduced. We recommend approval of the
CUP and variance requests based on =he revised site plan, subject
=o =he conditions outlined in the Executive Summary of this
report.
cc: Dan Donahue
Doug Sands~ad
! EBMIHATE EASTERLY
I LOADING BERTH
' ' ~ 176,295 SF EXISTING
ILLUSTRA~[ -~
'LOADIK6 BEmH~ ....... -
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· 1- ~ ~-¢;"""'"'~"-~ .... · ....... ~ ~ I t
~ ~~ PROVIDE PERIMETER CURBING ~ ~ : L ......
~ PROVIDE HANDICAPPED ~~
~ ~ ~ PARK~G STALLS ~ ~ ~ ~
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PROVIDE HANDICAPPED
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STALLS
--
Bones t roo mo o. 8onestmo, RE. Keit/n ^. ~n, RE. Ja~ R. Ma~. PE. Thomas R. An~n, A.I.A
Jo~ C. ~ ~E. ~a~ C.
R~a~ E. Turner. ~E. Mark A Han~n. ~E. ~omas E. A~us. EE. ~ne C. Pluma~.
~ Ja~s C. Olin. PE. Ted K. FieU, ~E. H~a~ A. ~n~. ~E. ~nes M. Ring. R.IC.~
Anderlik a ~,~,, c~ PE. Mic~.lT.~utmann.
Thomas E. N~ ~E. ~ff R, ~e.
~n M. E~in. C.~A. Thomas W. ~e~n. ~E. lsmael Ma~ez. PE. ~ M P~lsky
Michel C. Lynch. PE, Ma~ D. ~aJlis. PE. Haflan M. OI5on
Engin~rs & Archit~ts
Novembe~ 23, 1990
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Attn: Kirk McDonald
Re: Creamette Expansion
Our File No. 34-Gen. E-90-3
Dear Kirk:
We have reviewed the expansion at the above site and recommend the following:
The storm water runoff from the east side of the existing building and its roof drains
south onto 36th Avenue. Due to the amount of runoff, it is recommended that a new
storm sewer be extended from the existing storm sewer in 36th Avenue northerly
onto the Creamette's property collecting the storm water runoff before it discharges
onto 36th Avenue. It is recommended that catch basin inlets be provided 'both in the
driveway and northerly of the driveway intercepting the runoff from the roof drains
and green area located on the east side of the building. A small berm shall be
constructed providing a small retention area for storm water ponding in the green
area.
The new loading dock located on the south side of the new addition will not function
as designed for a tractor/trailer. Therefore, major reconstruction of the easterly
drive is required or the loading dock shall be eliminated.
If you have any questions please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
MAH:lk
cc: Doug Sandsted
34/34-gen.cor
233S gffest Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600
MEMORANDUM
City of New Hope
DATE: November 15, 1990
TO: Chief Douglas C. Smith
FROM: Allen M. Nelson
SUIMECT: PRELIMINARY FIRE PROTECTION REPORT FOR
CREAMET'FES CO., 7300 36TH AVENUE NORTH
To provide proper fire protection for the Creamettes building with the new additions
proposed, the following items would be needed:
1. Per Section 10.207 of the Minnesota Uniform Fire Code, the Fire Department access
road would be required along the north side of the building. This road would have
to be a minimum of 20 feet wide with turn-around provisions at the end. It would
need signage on the railroad tracks indicating that the road must be kept clear at all
times. It would also need signage on the road that it is for emergency vehicles only.
2. Since the Fire Department access road would not be extended as required, per
exceptions 1 and 2 we would be requiring per Section 10.30lB a fire pump with a
capacity to be determined at a later time, however, it would probably be in the 2000
gpm range.
3. We would also require a standpipe system independent of the sprinkler system with
2 1/2" outlets in locations to be determined by the Fire Department. This system
would also be supplied from the fire pump with the ability for the Fire Department
to supply it independent of the fire pump. All of the above items will have to be
engineered at Creamette Co. expense.
4. We would require sufficient fire hydrants on site to supply the required fire flow to
the building per 10.301C. Alt flow would be calculated in accordance with Appendix
3A of the Fire Code. Location of the fire hydrants will be determined by the Fire
Department based on the require fire flow.
5. The underground storage tank would have to be covered with s~ficient material to
protect it per the UFC.
6. The gate at the entrance to the driveway at the Creamette Co. must be tied into the
fire alarm system so as to provide access automatically in case of activation of this
It should be noted that these provisions are designed to provide fire protection only to this
building and at this time are not being proposed to allow any exceptions or provide an,,'
alternatives to any building code provisions that may be required.
- EXISTING FENCE
MULTI.FAMILY
·
t'
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~ " BITUMINOUS DRI
gE
-
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BOLLARDS
BUILDING TO REMAIN / ~
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t EXISTII% o
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~'~ / I · EXISTING
u~ I ! q~i SIDEWALK
~, '~'~-'--EXISTING 'ITU"I"OUS O"lYE
\\ __ ~238.20 N 0-13-33 W ..... "- LIGHTJ
~'-- ~ ~ OFFICE
,~ - UTILITY EASEMENT
CITY OF NEW HOPE
PLANNIN~ C~SE REPORT
Planning Case: 91-01
Request: Request for Conditional Use Permit to Allow a
Convenience Food Operation
Location: 4219 Winnetka Avenue North
PID No.: 18-118-21 11 0016
Zoning: B-4 (Community Business)
Petitioner: Timothy C. Johnson/Taco John's
Report Date: December 28, 1990
Meeting Date: January 2, 1991
BACKGROUND
The petitioner has submitted an application to request a
conditional use permit to allow a convenience food operation in a
B-4 Zoning District. The petitioner has operated the Subway Shop
in the New Hope City Center for the past 2-1/2 years and would like
to expand the fast food service operation by opening a Taco John's
Restaurant. Although the application was received on time,
detailed plans were not submitted in time for Design & Review and
have not yet been received. Staff has placed this case on the
agenda to acknowledge receipt of the application only and
recommends that the case be tabled until the February Planninq
Commission meetinq. The applicant has been informed, as per the
attached letter, of the staff's recommendation.
Attachment: Management Assistant's Letter 12-19-90
4401 X¥1on Avenue North New Hope, Minnesota 55425 Phone: 533-152 ?
December 19, 19902
Mr. Timothy Johnson
Subway Shop
4219 Winnetka Avenue North
New Hope, MN 55445
Subject: CONDITIONAL USE PERMIT APPLICATION
FOR CONVENIENCE FOOD/TACO JOHN'S
Dear Mr. Johnson:
I am writing to acknowledge the City's receipt of your application
for a conditional use permit application to operate a convenience
food establishment/Taco John's at 4219 Winnetka Avenue North. The
City has not received adequate plans or information as of this date
regarding your request, therefore the matter will be tabled until
the February 5th Planning Commission meeting.
If you want to pursue your request in February it is imperative
that you submit the required detailed plans to Doug Sandstad,
Building Official, by January llth. You should then plan on
appearing before the Design and Review Committee on January 17th at
3:45 p.m.
Please contact Mr. Sandstad or myself if you have any questions.
Sincerely,
Kirk McDonald
Management Assistant/Community Development Coordinator
KM/iD
cc: Dan Donahue, City Manager
Doug Sandstad, Building Official
Family Styled City'~~ For Family Living
CITY OF NEW HOPE
PLANNING CASE REPORT
Planning Case: 91-02
Request: Request for Variance to Exceed Required Fence Height
Location: 7300 36th Avenue North
PID No.: 17-118-21 34 0003
Zoning: I-1 (Limited Industrial)
Petitioner: Creamette Company
Report Date: December 28, 1990
Meeting Date: January 2, 1991
BACKGROUND
1. The petitioner is requesting a variance to exceed the maximum fence
height requirement of eight (8) feet for the purpose of constructing
a fence ten (10) feet in height, pursuant to Section 4.033(3A) of
the New Hope City Code.
2. This application is being made in conjunction with the pending con-
struction/conditional use permit/variance application. Because the
application for the variance to exceed the maximum fence height
requirement was submitted after the original application, it is
considered a separate planning case.
3. Creamettes has stated that the application for the fence variance is
being submitted at the request of the east adjoining property owners
to provide screening in addition to the proposed landscaping.
4. The fence would be 10 feet in height and 225 feet in length and
would abut the rear yards of the properties located between 3709 and
3725 Maryland Avenue North. The fence would be constructed of
pressure treated wood and would consist of 1" x 6" alternating
boards. The proposed 10-foot fence would replace an existing 4-foot
chain link fence.
5. The City Code states that "where any business or industrial use
abuts property zoned for residential use, that business or industry
shall provide screening along the boundary of the residential
property. A required screening fence shall be constructed of
masonry, brick, wood or steel. Such fence shall provide a solid
screening effect and not exceed eight feet in height or be less than
six feet in height."
6. Property owners within 350' of the request have been notified and no
comments have been received by staff.
Planning Case Report 91-02
January 2, 1991
Page -2-
ANALYSIS
1. The Planning Consultant has reviewed this request and states that
although a fence of $ feet would probably be adequate in conjunction
with the proposed landscaping to screen the abutting residential
property from industrial activities, a 10-foot fence may be
acceptable to satisfy the applicants' concerns and/or accommodate
the wishes of the abutting residential neighbors.
2. The purpose of the variance is to permit relief from the strict
application of the Zoning Code where circumstances are unique to the
individual property under consideration, and the granting of a
variance is demonstrated to be in keeping with the spirit and intent
of the Code. Staff feels that the Creamettes operation and location
is unique and that the intent of the Code is to provide an adequate
buffer between residential and industrial zoning districts. Due to
the number of complaints received in the past regarding noise, etc.
staff feels that the granting of the variance would be in keeping
with the spirit of the Code.
3. The applicant could make reasonable use of the property without the
granting of the variance, however the abutting property owners feel
that a 10-foot fence would improve the buffer between the two zoning
districts.
4. If the variance were granted, the essential character of the
locality would not be altered significantly as existing fences
currently separate the properties.
RECOMMENDATION
Staff recommends approval of the request to exceed the maximum fence
height to construct a fence 10 feet in height based upon:
-the uniqueness of the property,
-the request is being made on behalf of abutting property owners,
-the fence will serve to further buffer the residential district
from the industrial district,
-the variances would be in keeping with the spirit and intent of the
city Code
Attachements: Zoning Section Map
Excerpts - Consultants Report
Address Locations
Site Plan
Landscape Plan
Elevation - New Fence
Fence Detail
SCHOOL
!
BET~EL I LI08S
CEMETERY ' PARK
The proposed green area.of 281,412 square feet as
m the previous proposal }? 40.3%. This area remains
more than adequate by exceeding the required 35% minimum
required by ordinance.
Roof Top Equipment Screenin~. I~'response to the issue raised in
previous reports, the applicant as provided for the inclusion of
metal panel screen walls to buffer =he noise and visual effects
of the roof top equipment on the proposed addition to the
building. The roof top equipment on the existing building is
be screened by means of a decorative masonry screen wall along
the existing ~acade. Our concern lies in the adequacy and
ability of the metal to buffer the sound and also in the
architectural compatibility of the metal with the masonry screen.
Of utmost importance is the minimization of noise levels from
%he roof top units. The acou.stic control qualities of metal
tend to be less effective than those of masonry or other
materials. Many options need to be addressed by the applicant
to improve on this proposal. For instance, the usage of spray
on acoustical foam, wood in association with metal siding, sound
blankets and/or the total enclosure o~ %he equipment in a
penthouse with louvers would all provide for better control of
acoustical noise. Another option may also be the relocation of
the proposed roof top equipment to a pein= behind the existing
masonry screen wall.
.~. Decorative wood Screen Variance, Application for.a
varianc%
on
~ ~he height Of the wood screen fence on the east szde of the site
would be necessary as the plan currently shows it, due to
proposed fence exceeding the allowable 8 foot height
Although a fence of 8 feet would, probably be adequate in
association with the proposed vegetative plantings to screen =he
abutting residentlal property from industrial activities, a ~0
foe= variance may also be acceptable to satisfy :he applicanc's
concerns and/or accommoda=e =he wishes of the abutting
residential neighbors.
It has been relayed to us that the placement
u~llity easement on the Creamette Company site
is negotiable until the ~inal plat has been completed. It should
be noted that the sanitary and storm sewer lines (which will run
parallel) need =o be setback a minimum of 60 feet from =he
building.
FURTHER STUDY OF SCREENIHG OPTIONS HECESSARV
VARIANCE REQUIRED FOR FENCE it~IGitT PFIOPOSED ROOF TOP UNITS
; ; REMOVAL OR LUdlTED USE OF LOADING BERTt~
·_ . "'-- ., ' ' .... ' .... -.I"~,,~- ~; T
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- - _:-- / - ~-- :.r &UTiLiTY EASE'MI:NT PLACEMENT AH
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aT~ ~T* THE CREAMETTE COMPANY SITE
~, ,
THE CREAMETTE COMPANY ~
LA APE ~AN
~W ~. ~TA m~ ~
SWE~G C~T~T~ C~P. WAL~ ~ AS~IATES. E. ,
~5 C~ATE ~Y 9~ ~ A~ ~TH
FENCE SECTIOfl FENCE ELEVATK~N
THE CREAMETTE COMPANY SWEDENBORG CONSTRUCTION CORP. WALSH BISHOP ASSOCIATES, IqC. ~~_ 5
7685 CO~ll:q3flATE V4A. Y 920 ~ AVENLII~ ~IH ELEVATION~ ",
Z300 36th AVENUE NC~TH EEX:N PRAIRIE. I~IqNE~OTA 55344 ~APOLIS, MI~SOIA 55402 mm~ # m~ #
NE W HOI:~, MeIMESOTA m~w~
1 x6 WOOD I I
ALTERNATING BOARDS 1) .~ /~ ;}
6x6 WOOD POST
"" [~ ) " FENC
2x6 WOOD RAILS
! GRADE .- ~ ~
NOTE: ALL WOOD TO BE PRESURE IREATED WOOD.
FENCE SECTION FENCE ELEVATION
PROPOSED ADDITION FOR:
THE CREAMETTE COMPANY
7300 36th AVENUE NORTH
NEW HOPE, MINNESOTA
I t ~ I ~ "~ ~ ~'2x6 WOOD RAILS
I ! ' : ~ , - 6x6 WOOD POST
BOARDS 5 ) '" ~x6WOOD
i ALTERNATING BOARDS
i.^,LS ) : FENCE PLAN
I~j~ilE PRESURE TREATED WOOD.
FENCE ELEVATION
~ED ADDITION FOR: CONTRACTOR:
CREAMETTE COMPANY SWEDENBORG CON
36th AVENUE NORTH 7685 CORPORATF WAY
NEW DECORATIVE
WOOD SCREEN FENCE ~
(10'-0" H. x 225'-0"+- L.)
FLOOR EL: ~
910'-0"
15 CGS NEW REMOVE 17 EXISTING R.O.
NEW DECORATIVE WOOD SCREEN
FENCE (10'-0" H. x.225'-0"+ L.) -,,,~ 15'-0" O.C. REPLACE WITH 17 EVERGREENS
/
,
.,,,. % ~.-~.-~ ...........
REMOVE lO_/i
EXISTING
NEW DECORATIVE WOOD SCREEN
FENCE (10'-0" H. x 225'-0"+- L.).
....
~, 30'R.
~. ,, ADDITION
~_ nr'nl~ll~ F Al IT('tM ATIP
CITY OF NEW HOPE
MEMORANDUM
DATE: December 28, 1990
TO: Planning Commission
FROM: Kirk McDonald, Management Assistant/Community Development
Coordinator
SUBJECT: Codes & Standards Issues
A. DISCUSS W/%REHOUSES AS PERMITTED USES IN THE "I-1" LIMITED
INDUSTRIAL DISTRICT
At the November 13th city Council meeting a Council member
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 create quality
jobs. The issue was raised in regards to the warehouse
building that was approved for the Don Harvey Addition at 3970
Quebec Avenue North. The Council requested that permitted
uses in the I-1 Zoning District be reviewed and that a
recommendation be brought back to the City Council.
The Planning Consultant prepared the attached position paper
on the issue to review the pros and cons of allowing
warehouses as permitted uses and Codes & Standards met on
December 13th to discuss this matter. The report recommends
maintaining warehousing as permitted use in the I-1 Zoning
District and states that greater community promotion and
economic development incentives should be considered for
attracting desired industrial types. The recommendation is
based on the following findings:
1. Warehousing has been effective in fulfilling the I-1
District purpose ... to provide for the establishment of
industrial development in a well-planned, residentially
compatible setting. Special performance standards
governing site design (35% green space, 40% lot coverage)
were included in the I-1 District to promote attractive
industrial development.
2. Warehousing is a predominant land use in the I-1 District
and limiting or prohibiting warehouse would result in
existing uses becoming non-conforming (out of
approximately 400 acres of I-1 zoned land, about 6%
remains undeveloped). If existing industrial sites were
to become non-conforming, this action could be
detrimental to industrial development patterns and tax
base. The number of undeveloped sites that would be
affected by an ordinance change is very limited.
3. New industrial development has been high quality
construction and has contributed to an expanded tax base.
Most buildings that have been constructed are designed in
an office/warehouse design that offers flexible lease
arrangements for a variety of tenants according to their
space and use needs. The City has worked hard to insure
that these buildings are of high quality and valuation.
4. Development of the remaining vacant I-1 sites will
represent a small proportion of the industrial traffic in
the City. Other types of high tech industries may reduce
truck traffic volumes, but would generate more employee
traffic.
5. More aggressive marketing of economic development in New
Hope may accomplish desire industrial goals without a
zoning change. High tech industries are an attractive
economic development and competition among communities
for this type of industry is great for a limited number
of opportunities. Instead of relying on the private
sector to promote industrial development, the City should
be more aggressive in attracting the desired industries.
Codes & Standards agreed with the conclusions of the report
and felt that the elimination of warehousing from the I-1
District would narrow the industrial market for the remaining
undeveloped sites.
RECOMMENDATION
Based upon the above conclusions, Codes & Standards recommends
that no change be made to the permitted uses under the
existing ordinance for the I-1 Zoning District. Codes &
Standards further recommends that a marketing strategy be
developed to attract desired industries.
Staff recommends that the Commission endorse or revise the
position paper and send a recommendation back to the Council
that the I-1 Zoning District not be amended to restrict ware-
houses based upon the facts outlined in the report.
B. DISCUSS AN ORDINANCE AMENDING NEW HOPE ZONING CODE BY
ESTABLISHING A CONDITIONAL USE PERMIT PROCEDURE ALLOWING THE
DEFERRAL OF REQUIRED PARKING
As stated at the last meeting, this parking deferment concept
was discussed with the Planning Consultant this past summer
when Hardware Hank requested a variance to the parking
requirements due to their automized plant. The request was
withdrawn, but the Planner provided the City with information
regarding how other communities deal with this issue.
Codes & Standards reviewed this concept at their November 19th
meeting and made some minor revisions to the proposed
ordinance at their November 28th meeting. The
original/revised version of the report and ordinance were
enclosed in the December Planning Commission packet.
Subsequent to the Codes & Standards meeting, the City Attorney
expressed a concern with the proposed ordinance. It was his
initial feeling that a restrictive covenant could accomplish
the same objective without providing for a cOnditional use
permit. Staff recommended that the matter be tabled for one
month so that the staff, City Attorney and Planning Consultant
could meet to discuss the ordinance further. The matter was
tabled at the December Planning Commission meeting.
On December 19th a meeting was conducted to further discuss
the ordinance. The City Attorney recommended that "Item e" in
the ordinance be changed to require the property owner to
record a restrictive covenant against the title to the
property providing that additional parking shall be
constructed rather than entering into a development contract,
as proposed in the original ordinance. It was the Attorney's
opinion that a restrictive covenant would provide far more
effective means of future enforcement and staff concurs with
his opinion.
The Planning Consultant has prepared the attached report on
the revised ordinance and discusses the benefits of the
ordinance. While the City has allowed for some parking
deferment in the past on a case-by-case basis, the criteria or
process have not been clearly defined. The adoption of the
ordinance will clearly identify the process and the criteria
to be used.
RECOMMENDATION
Staff recommends approval of the revised ordinance so that the
process for obtaining a parking deferment and the criteria to be
used are clearly defined and so that said deferment is recorded as
a restrictive covenant against the title to the property.
Northwest Associated Consultants, Inc.
U R B A N P L A N N I NG DES I G N M A R K E T R E S E A R C H
PLANNING REPORT
TO: Kirk McDonald
FROM: Alan Brixius
DATE: 11 December 1990
RE: New Hope - I-1 Warehousing Land Uses
FILE NO: 131.00 - 90.09
BACKGROUND
The New Hope City Council raised the issue as to whether the I-1
Zoning District should be amended to restrict the future
proliferation of warehousing and to promote more high tech
industries.
ISSUES ANALYSIS
I-1 Purpose. The I-1 Zoning District is intended to provide for
the establishment of industrial development in a well planned,
residentially compatible setting. In accomplishing this purpose,
the zoning district was very selective in the type of land uses
permitted within the district and special performance standards
governing site design were included in the I-1 Zoning District.
Through enforcement of the I-1 performance standards, the City
has been effective in promoting attractive industrial
development. Historically, warehousing has to be viewed as a
land use that was consistent with the purpose of the I-1 Zoning
District.
I-1 Zonfnq District. New Hope has approximately 400 acres of I-1
zoned land, of which approximately 6 percent remains undeveloped.
Review of the existing I-1 development reveals warehousing as a
predominant land use in New Hope, both as a principle and
accessory use on a site. A change in the Ordinance addressing or
limiting warehousing in the I-1 Zoning District could result in a
number of existing industrial sites becoming non-conforming. The
implication of this zoning action could be detrimental to New
Hope's industrial development patterns and tax base.
4601 Excelsior Blvd.. Suite 410. Minneapolis, MN 55416.(612) 925-9420. Fax 925-2721
The number of undeveloped I-1 sites that may be affected by a
change of Ordinance is very limited. The City must be cautious
when considering a Zoning Ordinance amendment limiting
warehousing to understand the ramifications of such regulations
may have on existing development.
Type of Use. The character of New Hope's industrial development
has been small site development. Sites range from two to six
acres in size. Property owner and development companies have
been constructing buildings that offer flexible lease
arrangements for a variety of tenants. In this light, buildings
are designed in an office/warehouse design that may be arranged
in a manner that suits the space and use needs of the tenant
businesses.
Developments such as the Harvey industrial site, Hoyt 5000
Winnetka, Rosewood Corporation 9401 Science Center Drive, and the
Tarnanen office/warehouse are each examples of this type of
development which has contributed to the City's industrial base.
The City has worked hard to insure that the construction of these
buildings is of the highest quality and valuation of any
comparable building within the City. In this regard, this new
construction has benefitted the City through expanding the local
tax base.
Traffic. Truck traffic generated by warehousing facilities has
been cited as a community concern. While other industrial uses
may reduce truck traffic volumes, this issue becomes more of a
locational issue. The industrial district abutting railroads
present concerns with regard to traffic travelling through non-
industrial areas.
These industrial areas are accessed via collector streets and the
continuation of these industrial land uses is anticipated.
Changes from industrial to high density residential for the
Minnegasco site and Harvey site were rejected in support of
neighborhood opinion.
Marketinq. The City has relied on the private sector to promote
industrial development within New Hope. This has resulted in
development projects that reflect the market available to the
developer. High tech industries is attractive economic
development throughout the Metropolitan Area. The competition
among communities for this type of industry is great for a
limited number of opportunities. The City of New Hope must be
more aggressive in promoting economic development to attract the
desired industries.
2
The elimination of warehousing from the I-1 District would serve
to narrow the industrial market for the balance of the available
undeveloped sites. This would serve to reduce the development
potential of these sites.
CONCLUSION
Based on the aforementioned review, we recommend maintaining
warehousing within the I-1 District. Greater community
promotion and economic development incentives should be
considered for attracting desired industrial types. This
recommendation is based on the following findings:
1. Warehousing has been effective in fulfilling the I-1
District purpose.
2. Warehousing is a predominant land use in the I-1 District.
Limiting or prohibiting warehousing would result in existing
uses becoming non-conforming.
3. New industrial development has been high quality
construction and has effectively contributed to an expanded
tax base.
4. Development of the remaining.vacant I-1 sites will represent
a small proportion of the industrial traffic in the City.
5. More aggressive marketing of economic development in New
Hope may accomplish desired industrial goals without a
zoning change.
cc: Dan Donahue
P L N G D N · M A R K E R E S E A R C H
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius
DATE: 26 December 1990
RE: New Hope Ordinance - Parking Deferment
FILE NO: 131.00 - 90.07
Attached please find the attorney's draft of the proposed
ordinance amendment that would allow for the deferment of
required parking. This draft ordinance requires the deferred
parking arrangement be established in the form of a restrictive
covenant versus a development contract. This change has been
suggested by the City Attorney to provide for more effective
means of future enforcement.
The proposed ordinance allows a property owner some flexibility
to construct parking based on demonstrated need rather than on
conservative city ordinance standards. While the City has
allowed for some parking deferment in the past, the review
criteria and performance standards have not been specifically
identified.
Adoption of the ordinance may bring the availability of a parking
deferment to the attention of the developers and promote its
use. In this light, the City must make a policy decision as to
whether this ordinance is consistent with the development
objectives of the City.
The benefits of this ordinance will include:
1. The amount of required parking would only be deferred until
need is demonstrated.
2. The parking deferment would increase the amount of on-site
green space until full parking supply is needed.
4601 Excelsior Blvd.. Suite 410. Minneapolis, MN 55416.(612) 925-9420.Fax 925-2721
3. The developer would experience reduced initial construction
costs by reducing the parking lot construction. This serves
to benefit the developer and serves as an incentive for
development.
Based on the remaining vacant parcels in New Hope the application
of the proposed ordinance will be limited. The City must,
however, determine if there is benefit in the adoption of such
an ordinance.
cc: Steve Sondrall
CORRICK & SONDRALL
A PARTNIf~EHIP OF PNOFi'IIIONAL ¢ONPORATIONI
3811 WEST BROADWAY
. ROBB~SD~4.E, M~_...~3TA 55422
CORRICK LAW OFFICES, P.A. FAX (~ I ~l) ~33-224,~ LeGAl. ASSISTANTS
WILLIAM J. CORRICK /AVONNE E. KESKE
STEVEN A, SONDRALL, P.A. SHARON O. DERBY
STEVEN A. SONORALL
MICHAEL R. LAFLEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
December 19, 1990
Mr. Kirk McDonald
Management Asst.
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: Deferment of Required Parking/Conditional Use Permit
Our File No. 99.40037
Dear Kirk:
Please find enclosed a proposed Ordinance Establishing a
Conditional Use Permit Procedure to Defer Required Parking that
we discussed in our December 19th meeting. This proposed
ordinance is for consideration at the next Planning Commission
meeting. Please contact me if you have any questions.
Very truly yours,
Steven A. Sondrall
swl
Enclosure
cc: A1 Brixius (w/enc)
Daniel J. Donahue (w/enc)
ORDINANCE NO. 90-
AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE
BY ADDING SECTION 4.036(13) ESTABLISHING A
CONDITIONAL USE PERMIT PROCEDURE ALLOWING
THE DEFERRAL OF REQUIRED PARKING
The City Council of the City of New Hope ordains:
Section 1. Section 4.036 (13) "Off-Street Parking
Requirements" of the New Hope City Code is hereby amended by
adding subsection (13) "Deferment of Required Parking" to read as
follows:
(13) Deferment of Required Parking. A reduction in the
number of required parking stalls may be permitted by
conditional use permit provided that:
(a) Evidence is provided demonstrating that the
parking requirements of the proposed use will be
less than the parking required under §4.036 of this
Code during the peak demand period. Factors to be
considered when reviewing the proposed parking
demand shall include, but not be limited to:
(i) Size, type and use of building.
(ii) Number of employees.
(iii) Projected volume and turnover of
employee and/or customer traffic.
(iv) Projected frequency and volume of
delivery or service vehicles.
(v) Number of company owned vehicles.
(vi) Storage of vehicles on site.
(b) In no case shall the amount of parking provided be
less than one-half (i/i) to the amount of parking
required by Ordinance.
(c) The property owner can demonstrate that the site
has sufficient property under the same ownership
to accommodate the expansion of the parking
facilities to meet the minimum requirements of
§4.036 of this Code if the parking demand exceeds
on-site supply.
(d) On-site parking shall only occur in areas designed
and constructed for parking in accordance with
§4.036 of this Code. The area reserved as "proof
of parking" shall be sodded and seeded and
maintained as green space or a recreational area.
No permanent buildings shall be permitted in the
"proof of parking" area.
(e) The property owner shall record a restrictive
covenant against the title to the property
providing that additional parking shall be
constructed in accordance with §4.036 of this Code
if the site parking demand exceeds the actual on-
site parking supply in the sole opinion of the
City. The form of the restrictive covenant shall
be approved by the City Attorney before the
issuance of the conditional use permit.
(f) To qualify for a parking deferment, the site plan
must comply with all current zoning standards.
(g) Application for and approval of a conditional use
permit for deferment of required parking shall
also be subject to the provisions, of §4.20 et al of
this Code.
Section 2. Effective Date. The ordinance shall be
effective upon its passage and publication.
Dated the day of , 1990.
Mayor
Attest:
City Clerk
(Published in the New Hope-Golden Valley Post on the day of
, 1990. )
2
NAC Northwest Associated Consultants, Inc.
URBAN I~L A N NI NG·DESIGN ·MARKET R ESE A RC H
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius/Elizabeth Stockman
DATE: 28 November 1990
RE: New Hope Ordinance - Parking Deferment
F£LE NO: 131.00 - 90.07
BACKGROUND
Earlier this fall, Hardware Hank requested a reduction in the
amount of their required parking supply. The company claimed
that their parking supply exceeded their actual employee parking
demand nd requested to use the excess parking area for outdoor
storage. With the automation of contemporary industries, ther~
are cases where parking demand is less than the amount of parking
required based on the City's floor area ratio.
To address these individual instances, the following proo~ mt
parking ordinance language has been prepared for the Ci[y's
cons£deration. This preliminary draft ordinance would allow the
construction of parking based on actual need demonstrated by the
developer, provided the site has sufficient area to accommodate
additional parking in full compliance with the City parking
standards if parking demand exceeds supply.
The attached ordinance attempts to do the following things:
1. Allow for a parking amount exception without need for a
variance. This will require City review and public hearing.
2. Require the property owner to demonstrate that their parking
demand is less than what is required by ordinance.
3. Require the property owner to demonstrate sufficient space
for parking lot expansion to City requirements if actual
demand exceeds the provided parking spaces.
4. This ordinance requires all area used for off-street parking
to be constructed to City standards.
4601 Excelsior Blvd..Suite 410.Minneapolis, MN 55416.(612) 925-9420.Fax 925-2721
5. The property owner must enter a development contract to
insure that if the provided parking area is insufficient to
meet the parking demand, the property owner will expand the
on-site parking in conformance with City standards.
6. In order for a property owner to qualify for a parking
deferment, the site plan must be in conformance with all
performance standards.
After reviewing this ordinance language thoroughly, please
contact me with any comments or changes.
cc: Dan Donahue
Steve Sondrall
Doug Sandstad
CITY OF NEW HOPE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING AND SUBDIVISION ORDINANCE BY
ADDING SECTION 4.036(13) PARKING DEFERMENT.
THE CITY COUNCIL OF THE CITY OF NEW HOPE DOES HEREBY ORDAIN:
Section 1. The Zoning and Subdivision Ordinance is hereby
amended by adding Section 4.036(13) to read as follows:
(13) Parking Deferment. The City may allow a reduction in
the number of required parking stalls by conditional
use. permit provided that:
(a) Evidence be provided that demonstrates the
proposed use will have a peak during demand less
than the required parking under Section 4.036 of
this Ordinance. Factors to be considered when
reviewing the proposed parking demand shall
include, but not be limited to:
(i) Size of the building.
(ii) Type and use.
(iii)Number of employees.
(iv) Projected volume and turnover of employee
and/or customer traffic.
(v) Projected frequency and volume of delivery or
service vehicles.
(vi) Number of company owned vehicles.
(vii)Storage of vehicles on site.
(b) In no case shall the amount of parking provided be
less than one-half (1/2) of the amount of parking
required by Ordinance.
(c) The property owner can demonstrate that the site
has sufficient property under the same ownership
to accommodate the expansion of the parking
facilities to meet the minimum requirements of
Section 4.036 of this Ordinance if the parking
demand exceeds on-site supply.
(d) On-site parking shall only occur in areas designed
and constructed for parking in accordance with
Section 4.036 of this Ordinance. The area
reserved as "proof of parking" shall be sodded and
seeded and maintained as green space or a
recreational area. No permanent buildings shall
be permitted in the "proof of parking" area.
(e) The property owner shall enter into a development
contract with the City guaranteeing that
additional parking shall be constructed in
accordance with Section 4.036 of this Ordinance if
the site parking demand exceeds the actual on-site
parking supply.
(f) To qualify for a parking deferment, the site plan
must comply with all current zoning standards.
Section 2. This ordinance shall be in full force and effect
from and after its publication according to law.
ENACTED AND ORDAINED into an ordinance this day of
, 1990.
CITY OF NEW HOPE
By:
Edward J. Erickson, Mayor
ATTEST:
By:
Dan Donahue, City Administrator