VII.3. Zoning Text Amendment, Site Plan and Conditional Use Permit Applications to Allow Redevelopment at 510 Blake Road North; Lindahl
October 22, 2019 City Council Report 2019-111
Zoning Text Amendment, Site Plan and Conditional Use Permit Applications
to Allow Redevelopment at 510 Blake Road North
Proposed Action: Staff recommends the City Council approve the following motions:
• Move to adopt Resolution 2019-086 approving Ordinance 2019-1143 amending Section
535.03, Subdivision 2(V) related to the location of banks and savings and loan institutions.
• Move to adopt Resolution 2019-087 approving the site plan for the property at 510 Blake
Road North, subject to the conditions.
• Move to adopt Resolution 2019-088 approving 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, site plan and conditional use permit approvals to allow
redevelopment of 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 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 in
this report, both the Planning & Zoning Commission and staff recommend 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
• Ordinance 2019-1143
• Site Location Map
• Plans and Building Elevations
• Neighborhood Meeting Information
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2019-111
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. It should be noted that this application originally included a planned
unit development rezoning. That application was withdrawn by the applicant just prior to the
City Council review because the applicant revised their plans to conform with the B-3 district so
the PUD rezoning was no longer necessary.
• Zoning code text amendment removing a dated requirement that banks be located in or
adjacent to downtown.
• 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
comments from the meeting are attached for your reference. They show no people attended the
meeting to learn about or voice concerns with the project.
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item (Planning Application 2019-16-TA-SP-CUP) during its regular
meeting on October 22, 2019. During that meeting, the Commission heard a summary
presentation from both staff and the applicant but no comments from the public. After some
general questions and conversation with the applicant, the Commission voted 6-0 to recommend
the City Council approve this request.
Legal Authority. This proposal includes two different types of land use applications. The text
amendment is considered a legislative action. When considering 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 535.03, 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-
City Council Report 2019-111
Page 3
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
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
SITE PLAN REVIEW
Standards for reviewing site plan applications are detailed in Section 526 of the City Code. This
section establishes the site plan 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. 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 in
these areas should include moderate to high density mixed use development designed to
complement and enhance the existing development pattern 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.
By comparison, the site is zoned B-3, General Business. Banks with drive-thrus are allowed in
this zone and location, provided the City also approve the associated text amendment
application (see above). It should be noted that the applicant agreed to exceed many of the B-3
district development standards to design a site more consistent with the pedestrian friendly and
transit supportive vision for the area around the future Blake Road LRT station called for in the
Blake Road Station Area Plan, the 2040 Comprehensive Plan and the Mixed Use zoning district.
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
City Council Report 2019-111
Page 4
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
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.
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
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
City Council Report 2019-111
Page 5
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 535.03, 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.
ENGINEERING REVIEW
An engineering review was completed on October 7, 2019 on the plan set for Bank of America,
City Council Report 2019-111
Page 6
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. Vote to approve. By voting to approve the text amendment, site plan and conditional use
permit applications, the applicant will be allowed to redevelop the site into a retail bank of
America facility with a drive-thru.
2. Vote to deny. By voting deny the text amendment, site plan and conditional use permit
applications, the applicant will not be allowed to redevelop the site into a retail bank of
America facility with a drive-thru. Should City Council consider this option, it must also
identify specific findings that support this alternative.
3. Continue for further information. If the City Council finds that further information is
needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-086
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2019-1143
AMENDING SECTION 535.03, 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 535.03, 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,
4. That the Hopkins Planning & Zoning Commission vote 6-0 to recommend the City Council
approve this request; and
5. That the Hopkins City Council reviewed this application during their November 4, 2019
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommends approval of the above stated application based on the findings
outlined in City Council Report 2019-111 dated November 4, 2019.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the First Reading of Ordinance 2019-1143 amending Section 535.03, Subdivision 2(V)
related to the location of banks and savings and loan institutions.
Adopted this 4th day of November 2019.
_______________________
Jason Gadd, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-087
A RESOLUTION APPROVING THE SITE PLAN FOR 510 BLAKE ROAD NORTH
(PID 19-117-21-12-0031)
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,
4. That the Hopkins City Council reviewed this application during their November 4, 2019
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommends approval of the above stated application based on the findings
outlined in City Council Report 2019-111 dated November 4, 2019.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves 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 conditional use permit application and conformance with all
related conditions.
3. Conformance with all applicable standards of the B-3, General Business District and
conditions of approval listed in the staff report dated November 4, 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 security in a form acceptable to the City Attorney 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 4th day of November 2019.
_______________________
Jason Gadd, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-088
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
510 BLAKE ROAD NORTH (PID 19-117-21-12-0031)
WHEREAS, the applicant, Bank of America on behalf of the owner Frauenshuh Hospitality
Group, initiated an application for conditional use permit allowing a drive thru facility at 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,
4. That the Hopkins City Council reviewed this application during their November 4, 2019
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommends approval of the above stated application based on the findings
outlined in City Council Report 2019-111 dated November 4, 2019.
NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Hopkins hereby
approves a conditional use permit allowing a drive thru facility for the property located at 510 Blake
Road North (PID 19-117-21-12-0031), subject to the conditions listed below.
1. Conformance with all general conditional use permit standards in Section 525.13,
Subdivision 15, and the specific conditional use permit standards for drive-thru facilities in
Section 535.03, Subdivision 2(F).
2. Approval of the associated zoning code text amendment application and conformance with
all related conditions.
3. Approval of the associated site plan application and conformance with all related conditions.
4. Approval of all necessary permits from the Building, Engineering and Fire Departments.
5. Approval of the development by the Minnehaha Creek Watershed District and conforms with
all related conditions.
6. Payment of all applicable development fees including, but not limited to SAC, park
dedication and City Attorney fees.
Adopted this 4th day of November 2019.
_______________________
Jason Gadd, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
1
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2019-1143
AN ORDINANCE AMENDING SECTION 535.03, SUBDIVISION 2(V) RELATED TO
THE LOCATION OF BANKS AND SAVINGS AND LOAN INSTITUTIONS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 538.03, Subdivision 2(V), is hereby deleted.
Banks and savings and loan institutions, provided the land to be used for such purpose abuts or is separated
only by a public right-of-way from the B-2 business district.
SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: November 4, 2019
Second Reading: November 19, 2019
Date of Publication: November 28, 2019
Date Ordinance Takes Effect: November 28, 2019
______________________
Jason Gadd, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
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