V. 2. Planning Application 2019-16-CUP RZ 510 Blake Road North (Bank of America)
October 22, 2019 Application 2019-16-TA-PUD-SP-CUP
Zoning Text Amendment, Planned Unit Development Rezoning, Site Plan and
Conditional Use Permit Applications to Allow Redevelopment at 510 Blake Road North
Proposed Action: Staff recommends the Planning & Zoning Commission approve the
following motions:
• Move to adopt Planning Commission Resolution 2019-14, recommending the City Council
approve an ordinance amending Section 538.03, Subdivision 2(V) related to the location of
banks and savings and loan institutions.
• Move to adopt Planning Commission Resolution 2019-15, recommending the City Council
approve an ordinance rezoning the property at 510 Blake Road North from B-3, General
Business to B-3, General Business with a planned unit development, subject to conditions.
• Move to adopt Planning & Zoning Commission Resolution 2019-16, recommending the
City Council approve the site plan for the property at 510 Blake Road North, subject to the
conditions.
• Move to adopt Planning & Zoning Commission Resolution 2019-17, recommending the
City Council approve a conditional use permit allowing a drive-thru for the property located
at 510 Blake Road North, subject to the conditions.
Overview
The applicant, Bank of America on behalf of the owner Frauenshuh Hospitality Group, requests
a zoning code text amendment, planned unit development (PUD) rezoning, site plan and
conditional use permit approvals to redevelop the property at 510 Blake Road North. The site is
currently a Dairy Queen fast food restaurant with a drive-thru and located along the west side of
Blake Road just south of Cambridge Street and west of Cottageville Park. The applicant plans
to redevelop the site into a retail Bank of America facility with a drive-thru. The zoning code
text amendment is necessary to remove a dated requirement that banks be located in or adjacent
to downtown. The remaining planned unit development (PUD) rezoning, site plan and
conditional use permit (CUP) applications are necessary to allow redevelopment of the site into
a retail bank with a drive-thru. Based on the findings detailed below, staff recommends approval
of these requests.
Primary Issues to Consider
• Background
• Zoning Code Text Amendment
• Planned Unit Development Rezoning
• Site Plan
• Conditional Use Permit
• Engineering Review
• Alternatives
Supporting Documents
• Resolutions
• Site Location Map
• Plans and Building Elevations
• Neighborhood Meeting Information
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 2019-16-TA-PUD-SP-CUP
Page 2
BACKGROUND
The subject property was originally constructed in 2004 and contains a Dairy Queen fast food
restaurant with a drive-thru. The applicant plans to redevelop the site into a retail Bank of
America facility with a drive-thru. Based on the applicant’s plans, the following approval are
necessary for this project:
• Zoning code text amendment removing a dated requirement that banks be located in or
adjacent to downtown.
• Rezoning from B-3, General Business to B-3 with a Planned Unit Development (PUD).
• Execution of a Planned Unit Development Agreement.
• Site Plan Review
• Conditional use permit (CUP) to allow for the bank’s drive-thru.
• Approvals from the Nile Mile Creek Watershed District.
Neighborhood Meeting. The City’s public engagement process for this development goes
above and beyond the typical statutory requirements for a public hearing and review by the
Planning & Zoning Commission and approval by the City Council. It also requires the applicant
to host a neighborhood meeting before the public hearing to explain the project, answer
questions and take any comments. This meeting took place on October 10, 2019 at the
Eisenhower Community Center in room 208. The sign in sheet and a summary of the
comment from the meeting are attached for your reference. They show no people attended the
meeting to learn about or voice concerns with the project.
Legal Authority. This proposal includes two different types of land use applications. The text
amendment and PUD rezoning applications are considered legislative actions. When
considering these legislative actions, the City is assigning zoning classifications or creating
development standards to regulate the development of certain types of use and/or structures.
Under the law, the City has wide flexibility to create standards that will ensure the type of
development it desires; however, these regulations must be reasonable and supported by a
rational basis relating to promoting the public health, safety and welfare.
By comparison, site plan and conditional use permit applications are considered quasi-judicial
actions. For this type of application, the City is acting as a judge to determine if the regulations
within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being
followed. Generally, if the applications meet these requirements they should be approved.
ZONING CODE TEXT AMENEMENT
The applicant request a zoning code text amendment to remove Section 538.03, Subdivision
2(V) related to the location of banks and savings and loan institutions. This provision makes
these uses a conditional use and requires they be located in the B-2, Central Business District or
on land in another commercial zoning district that abuts or is only separated by a public right-of-
way from the B-2 district. Removal of this provision is necessary to allow redevelopment of a
bank at this location as it does not abut the B-2, Central Business district. Staff recommends
approval of this request based on the following findings:
• Removing this provision would be consistent with the both the 2030 Comprehensive Plan
and the Draft 2040 Comprehensive Plan – Cultivate Hopkins.
• Removing this provision would be consistent with the existing land use pattern for banks in
Planning Application 2019-16-TA-PUD-SP-CUP
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Hopkins as there are other banks that are located on land that is not in or abutting the B-2
District.
• Other site plan and conditional use permit requirements for drive-thrus provide adequate
regulation for this type of use.
• Removing this provision will not create additional non-conformities.
PLANNED UNIT DEVELOPMENT REVIEW
While the 2030 Comprehensive Plan guided the subject property as Commercial, the Draft 2040
Comprehensive Plan – Cultivate Hopkins guides the property as Activity Center. Although both
categories support a bank use at this location, the Activity Center category is intended to
surround and support the planned Blake Road and Shady Oak light rail stations along the
Southwest LRT Green Line Extension. Future development should include moderate to high
density mixed use development designed to complement and enhance the existing development
pattern in these areas and support the public investment in transit. The transit supportive vision
of the Draft 2040 Comprehensive Plan is also supported by the Blake Road Station Area Plan.
Given these designations, staff finds use of a planned unit development appropriate to bridge
the gap between the current 2030 Comprehensive Plan and the City’s future planning efforts to
establish transit supportive and pedestrian friendly land uses around the Blake Road light rail
station.
SITE PLAN REVIEW
Standards for reviewing site plan applications are detailed in Section 526 of the City Code. This
section establishes site plan the review procedure and provides regulations pertaining to the
enforcement of site design standards. These procedures are established to promote high quality
development that ensures long-term stability of residential neighborhoods and enhance the built
and natural environments within the City as new development and redevelopment activities
occur. In this case, site plan review is required because Section 526.01(a) of the City Code
requires site plan approval for constructing or enlarging a building.
The subject property is proposed to be rezoned to B-3, General Business with a planned unit
development. Generally, the site meets or exceeds the zoning standard for the B-3 district.
Staff’s review of this development against the standards of the B-3 district is provided below.
Based on these findings, staff recommends approval of the site plan, subject to conditions.
Land Use and Zoning Standards. The proposed retail bank with a drive-thru is consistent
with the land use and zoning classification assigned to the subject property. The subject
property is currently guided Commercial by the 2030 Comprehensive Plan. The Draft 2040
Comprehensive Plan – Cultivate Hopkins guides the subject property as Activity Center. By
comparison, the site is zoned B-3, General Business. While banks with drive-thrus are
consistent with these land use and zoning designations, use of a PUD allows tailoring of the
zoning standards to meet both the current needs of the applicant and the City’s transit
supportive vision for the area around the future Blake Road light rail station.
Exterior Building Materials. The exterior building materials for the proposed development
exceed the site plan review requirements. These standards require new developments to have
exterior building materials that are compatible in detail, texture and color to adjacent and
neighboring structures. In this case the applicant is proposing the building be a combination of
brick and stone with a limited amount of painted stucco and steel accents.
Transparency. In addition to the applicant’s use of high quality exterior building materials, they
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plan to further enhance the building’s appearance and pedestrian friendliness along the front
(Blake Road) side of the building. This elevation will be 74 percent windows with the balance
being brick and stone. This design goes beyond the requirements of the B-3 district and is more
consistent with the transparency requirements of the Mixed Use district.
Building Orientation. The overall design of the site is consistent with City’s transit and
pedestrian supportive vision for the area around the future Blake Road light rail station. The
building is positioned close (20’) to the front (Blake Road) property line. This design creates an
enhanced street appearance and improved pedestrian access by positioning the drive-thru behind
the building and locating vehicle parking along the side and rear of the site.
Vehicle Parking. As designed, this project exceeds the City’s off-street parking requirement.
These requirements are detailed in City Code Section 550 (Off-Street Parking). These standards
require banks to provide at least 1 off-street parking stall for every 250 square feet of gross floor
area of the building. In this case, the 4,576 square foot building requires the site provide 19
stalls. With the site plan showing 24 parking stalls, the site has 5 more stalls than required.
Given the City’s transit supportive vision for the area around the Blake Road light rail station
and the increasing use of electronic online banking, staff recommends the applicant redesign the
site to either eliminate the extra stalls or show them as proof of parking to be developed should
conditions warrant.
It should be noted that the length of the parking stalls does not meet the City’s minimum depth
requirements. The City requires off-street parking stalls to be a minimum of 20’ in depth. In
this case, the applicant is proposing stalls that are 18’ in depth. Staff is agreeable to this
deviation through the PUD given the site’s overall transit supportive and pedestrian friendly
design.
Vehicle Access. The applicant’s redevelopment plans will redesign vehicle access to the site.
The existing fast food restaurant has two accesses to Blake Road causing vehicles to enter the
site through the northern access and exit using the southern access. This design creates multiple
turning movements and pedestrian conflicts. To address these issues, the applicant proposed
design eliminates the existing southern access to Blake Road and adds a connection to
Cambridge Street via an access easement across the property to the north. With the recent
improvements to Blake Road, this design allows right in and right out access from Blake Road or
access to the stop light at Cambridge Street and Blake Road.
Pedestrian and Bicycle Access. Overall, the site should have good pedestrian and bicycle
access that supports the City’s transit supportive and pedestrian friendly vision for the area
around the Blake Road light rail transit station. The site will have internal sidewalks that connect
entrances on three sides of the building to the City’s trail and sidewalk network along Blake
Road. In addition, the site plan shows several short-term bicycle parking spaces along the north
side of the building. To improve bicycle access, staff recommends a condition of approval
require the applicant to relocate these short-term spaces to the pedestrian plaza area along the
front (Blake Road) side of the building. Staff further recommends the applicant consider
providing long-term bicycle parking within the building.
Landscaping. The applicant’s plans meet the City’s minimum landscaping requirements. The
plans call for landscaping to be installed around the building and drive-thru areas. The
landscape plan includes more than 180 plantings including a mixture of deciduous and
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coniferous trees and shrubs, ornamental trees, perennial flowers and grasses. A condition of
approval shall require the applicant provide a landscape letter of credit equal to 1.5 times the
cost of all plantings. The City shall hold this security until all plantings have survived at least one
full growing season.
Signage. Building signage is approved through a separate administrative permit. Conceptually,
the applicant’s plans show wall signs along all four sides of the building. The City’s sign
regulations are detailed in City Code Section 570. Properties in the B-3 district are allowed up
to 3 square feet of sign for every feet of frontage along a public right-of-way, provided no
individual sign exceeds 80 square feet.
Trash Enclosure. The applicant’s plans meet the City’s requirements for trash enclosures. The
applicant’s plans show a trash enclosure in the northwest corner of the site. Plan details call for
the enclosure to be constructed of concrete masonry unit (CMU) blocks with a brick facing that
matches the principal building. The enclosure will have a recycled plastic lumber gate.
CONDITIONAL USE PERMIT REVIEW
The applicant’s plans call for this site to include a drive-thru. Section 538.03, Subdivision 2(F)
allows these facilities through a conditional use permit. The conditional use permit standards for
drive-thrus and staff’s finding for each are detailed below. Based on these findings, staff
recommends approval of this request, subject to conditions.
1. The site is designed and constructed to handle parking and traffic flow according to a plan
submitted to and approved by the city;
Findings: This design provides sufficient vehicle maneuverability and stacking area and will
not hinder access to parking.
2. The site drainage is designed and constructed according to a plan submitted to and approved
by the city;
Findings: Site drainage is reviewed and approved by the Minnehaha Creek Watershed
district. A condition of approval requires approval by the Minnehaha Creek Watershed
District and compliance with all associated conditions of approval.
3. That screening be provided along the property lines to control headlight beams when
abutting an R residential district;
Findings: The applicant’s plans call for the drive-thru to be positioned behind the principal
building providing a complete screen from the Blake Road right-of-way. The properties to
both the north and south are also zoned B-3, General Business, so no additional screening is
required.
4. That the front yard and side street yard shall be landscaped and not less than ten feet in
depth;
Findings: Given the drive-thru is positioned behind the building and the property does not
have street facing side yards, no additional landscaping is necessary.
Planning Application 2019-16-TA-PUD-SP-CUP
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ENGINEERING REVIEW
An engineering review was completed on October 7, 2019 on the plan set for Bank of America,
510 Blake Road N, dated 09/20/2019.
Comments
• Watershed approval required. Provide copies of all watershed permits.
• Parking lot/driveway/ROW permit required.
• Protect existing sidewalk/cycle track and pavement on Blake Road.
• Existing curb cut/driveway apron for existing southern entrance shall be removed and
replaced to match surroundings. City approval of landscape plan required.
• Provide signage indicating no left turns allowed exiting onto Blake Road. Right out only.
• Right-of-way and city owned parcel to the west shall not be used for snow storage.
ALTERNATIVES
1. Recommend approval of the text amendment, PUD rezoning, site plan and conditional use
permit applications. By recommending approval of these applications, the City Council will
consider a recommendation of approval.
2. Recommend denial of the text amendment, PUD rezoning, site plan and conditional use
permit applications. By recommending denial of these applications, the City Council will
consider a recommendation of denial. Should the Planning & Zoning Commission consider
this option, it must also identify specific options that support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING AND ZONING COMMISSION RESOLUTION 2019-14
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
AMENDING SECTION 538.03, SUBDIVISION 2(V) RELATED TO THE LOCATION OF
BANKS AND SAVINGS AND LOAN INSTITUTIONS
WHEREAS, the applicant, Bank of America on behalf of the owner Frauenshuh Hospitality
Group, initiated an application to amend Section 538.03, Subdivision 2(V) related to the location of
banks and savings and loan institutions; and
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on September 20, 2019; and
2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the application and reviewed such application on October 22,
2019: all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the staff report dated October 22, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve an ordinance amending Section 538.03,
Subdivision 2(V) related to the location of banks and savings and loan institutions.
Adopted this 22nd day of October, 2019.
_______________________
Gerard Balan, Chair
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION 2019-15
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
REZONING THE PROPERTY AT 510 BLAKE ROAD NORTH (PID 19-117-21-12-0031) FROM
B-3, GENERAL BUSINESS TO B-3, GENERAL BUSINESS WITH A PLANNED UNIT
DEVELOPMENT, SUBJECT TO CONDITIONS
WHEREAS, the applicant, Bank of America on behalf of the owner Frauenshuh Hospitality
Group, initiated an application requesting to rezone the property at 510 Blake Road North (PID 19-117-
21-12-0031) from B-3, General Business to B-3, General Business with a planned unit development,
subject to conditions, and
WHEREAS, these properties are legally described as Tract A Except Road, Reg. Land Survey
No. 1367, Hennepin County, Minnesota; and
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on September 20, 2019; and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice,
held a public hearing on the application and reviewed such application on October 22, 2019:
all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the staff report dated October 22, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve an ordinance rezoning the property at
510 Blake Road North (PID 19-117-21-12-0031) from B-3, General Business to B-3, General Business
with a planned unit development, subject to the conditions listed below.
1. Approval of the associated zoning code text amendment application and conformance with all
related conditions.
2. Execution of a Planned Unit Development Agreement.
3. Approval of the associated site plan application and conformance with all related conditions.
4. Approval of the development by the Minnehaha Creek Watershed District and conformance with
all related conditions.
Adopted this 22nd day of October, 2019.
_______________________
Gerard Balan, Chair
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION 2019-16
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE THE SITE PLAN
FOR 510 BLAKE ROAD NORTH (PID 19-117-21-12-0031), SUBJECT TO CONDITIONS
WHEREAS, the applicant, Bank of America on behalf of the owner Frauenshuh Hospitality
Group, initiated an application for site plan approval to allow redevelopment of the property located at
510 Blake Road North (PID 19-117-21-12-0031), and;
WHEREAS, these properties are legally described as Tract A Except Road, Reg. Land Survey
No. 1367, Hennepin County, Minnesota; and
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on September 20, 2019;
2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the application and reviewed such application on October 22,
2019: all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the staff report dated October 22, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve a site plan for 510 Blake Road North
(PID 19-117-21-12-0031), subject to the conditions listed below.
1. Approval of the associated zoning code text amendment application and conformance with
all related conditions.
2. Approval of the associated rezoning application and execution of a Planned Unit
Development (PUD) Agreement.
3. Conformance with all applicable standards of the B-3, General Business District and
conditions of approval listed in the staff report dated October 22, 2109.
4. Relocate the short-term bicycle spaces to the pedestrian plaza area along the front (Blake
Road) side of the building.
5. Provide a landscape letter of credit equal to 1.5 times the cost of all plantings. The City shall
hold this security until all plantings have survived at least one full growing season.
6. Submission and approval of exterior lighting and photometric plans prior to issuance of a
building permit. These plans shall demonstrate downward directed light fixtures, poles no
higher than twenty (20) feet and light levels equal to or less than 1.0 lumens at any non-
residential property line or 0.5 lumens at any residential property line.
7. Approval of all necessary permits from the Building, Engineering and Fire Departments.
8. Approval of the development by the Minnehaha Creek Watershed District and conforms with
all related conditions.
9. Payment of all applicable development fees including, but not limited to SAC and City
Attorney fees.
Adopted this 22nd day of October, 2019.
_______________________
Gerard Balan, Chair
Site Location Map for 510 Blake Road North
Subject
Property
MINNEAPOLIS
Two Carlson Parkway, Suite 220 | Plymouth, Minnesota 55447 | TEL 952.278.9000 FAX 952.278.7574
October 1, 2019
You Are Invited to a Neighborhood Meeting
TOLD Development Company (TOLD) is proposing to redevelop the existing Dairy Queen property
located at 510 Blake Road North in Hopkins into a retail bank branch for Bank of America (BOA) with
a drive through. The City of Hopkins requires various land use and zoning applications to approve this
project. These applications require TOLD as the developer to host a neighborhood meeting to present
these plans to the public. A proposed site plan and zoning map are enclosed for your reference.
We would like to invite you to a neighborhood meeting to discuss this proposal and answer any
questions you might have. The meeting will be held on October 10th, 2019 from 6:30 – 7:30 p.m. in
Room 208 at the Eisenhower Community Center located at 1001 Hwy 7, in Hopkins. We look
forward to sharing our plan with you and answering your questions.
In addition to our neighborhood meeting, our plan must be reviewed and approved by the City of
Hopkins. The Hopkins Planning & Zoning Commission will hold a public meeting to review this plan
on October 22nd starting at 6:30 PM and the Hopkins City Council will review and act upon this plan on
November 4th starting at 7:00 PM. Both meetings will take place in the City Hall Council Chambers
locate at 1010 First Street South.
If you cannot attend the neighborhood meeting, but would like to speak with someone regarding this
plan, you can contact Trent Mayberry, TOLD Development Company by phone at (952) 278-0112 or by
e-mail at tmayberry@toldmn.com .
Sincerely
M
Trent Mayberry
Vice President
TOLD Development Company
Bank of America - MN, Hopkins – Neighborhood Meeting
10/10/2019
6:30-7:30pm
Eisenhower Community Center – Room 208
Meeting Minutes
6:00pm
• JLL/TOLD arrive and set up Room 208 for meeting
6:30pm
• BOA Neighborhood meeting started
• TOLD presented relevant information regarding application, location, site plan and design
7:20pm
• BOA Neighborhood meeting closed due no public attendance
Questions
Attendance
• Trent Mayberry
• Pat Hassett
Page 1 of 1
BANK OF AMERICA – NEIGHBORHOOD MEETING - MEETING SIGN-IN SHEET
Project: Bank of America – MN, Hopkins Meeting Date: 10/10/2019 – 6:30-7:30pm
Facilitator: TOLD Development Place/Room: ECC – Room 208
Name Company Phone E-Mail
Trent Mayberry TOLD Development 952-278-0112 tmayberry@toldmn.com
Pat Hassett JLL/Bank of America 612-271-8218 Pat.Hassett@am.jll.com