VII.2. Downtown Overlay District Standards Appeal; LindahlMEMO
To: Planning & Zoning Commission
From: Jason Lindahl, AICP
Date: March 4, 2020
Subject: Downtown Overlay District Standards Appeal
Proposed Action
Move to uphold the interpretation and administration of both staff and the Planning & Zoning
Commission that Nichiha Vintage Brick fiber cement panels are not allowed as an exterior material
on the facade sides of buildings adjacent to public right-of-ways in the Downtown Overlay District.
Overview
The applicant, Tom Dewitz on behalf of Slingshot Enterprises, LLC, requests City Council review
of staff’s interpretation and administration of the Downtown Overlay District’s Materials and
Detailing standards. Staff finds the applicant’s proposed exterior material is not allowed in the
Downtown Overlay District while the applicant states the proposed product looks like brick or
stone and should be allowed. The Planning & Zoning Commission reviewed the applicant’s appeal
during their October 22, 2019 meeting and agreed with staff’s interpretation and administration of
the zoning regulations that the applicant’s proposed exterior material is prohibited in the Downtown
Overlay District.
Attachment
•Site Location Map
•Building Elevation
•Chapter 102, Article XVII - Downtown Overlay District
•Nichiha Vintage Brick Spec Sheet
•Planning & Zoning Commission Minutes from October 22, 2019
Background
In the fall of 2019, the applicant submitted a building permit to re-face the street facing side of their
building located 1209 Mainstreet. Staff rejected this application based on the finding that the
proposed Nichiha fiber cement panel material (see attached product spec sheet) was not allowed
under the Downtown Overlay District Materials and Detailing regulations. The applicant is
appealing staff’s interpretation and administration of the Downtown Overlay District Materials and
Detailing regulation as applied to their project.
The Planning & Zoning Commission reviewed the applicant’s appeal during their October 22, 2019
meeting and agreed with staff’s interpretation and administration of the zoning regulations (see
attached minutes). After the Planning & Zoning Commission’s ruling, the applicant decided to
withdraw their appeal and revise their project to comply with the zoning regulations as interpreted
by staff and the Planning & Zoning Commission. In February 2020, the applicant changed their
mind and requested staff bring this item to the City Council for a final ruling.
Issues to Consider
The Downtown Overlay District regulations are detailed in City Code Chapter 102, Article XVII -
Downtown Overlay District. The Materials and Detailing standards are provided in Section 102-556
(see attached). These standards state, “New buildings and structures, additions and renovations will
be constructed to be long lasting and use materials and detailing that maintain the distinct character
and harmony of the downtown.” The Downtown Overlay District regulations go on to state the
following materials are not allowed on the facade sides of buildings adjacent to public rights-of-way:
• Painted concrete block
• Aluminum, vinyl or fiberglass siding or roofing materials
• Precast concrete panels
• Painting previously unpainted brick on the facades of buildings
Based on these regulations and the existing exterior materials and character of the majority of the
buildings in Downtown, staff has traditionally interpreted this language to require brick or stone as
the primary exterior building materials on all street facing building walls along Mainstreet.
While the applicant’s proposed material is not specifically listed in the regulations, staff finds
Nichiha is a fiber cement panel and most similar to the siding materials listed above which are
specifically prohibited. The applicant disagrees and states the Nichiha product looks like brick or
stone and should be allowed.
Review Criteria
Section 102-556 – Exceptions allows departure from the requirements in this ordinance after review
by both the Planning & Zoning Commission and City Council. This section recognizes that there
may be projects that require a departure from the requirements in this chapter in order to be
feasible. Grounds to consider when weighing exceptions to the ordinance are listed below. This
section states that financial considerations alone are not a basis to grant an exception.
• Safety
• Unique site or building character
• Standards would have a detrimental effect to the use of the property
• Public benefit
Conclusion
The City Council should review the position of the applicant, recommendation of the Planning &
Zoning Commission and the interpretation and administration of these regulations by staff and
make a finding as to whether the proposed exterior materials are allowed under the Downtown
Overlay District regulations.
Site Location Map for 1209 Mainstreet
Subject
Property
1209 Mainstreet Original Façade
1209 Mainstreet Existing Facade
1209 Mainstreet Revised Proposal after Planning and Zoning Commission Ruling
ARTICLE XVII. - DOWNTOWN OVERLAY DISTRICT
Sec. 102-546. - Boundaries.
The boundaries of the Overlay District are as follows: South side of First Street North to north side of
First Street South; the west side of 6th Avenue to the east side of 13th Avenu e.
(Code 1986, § 556.01)
Sec. 102-547. - Application.
(a) Standards. Commencing on the date of the adoption of the ordinance from which this chapter is
derived, the Overlay District standards will apply to the following:
(1) All newly constructed buildings or structures.
(2) All exterior building improvements and sign changes for which a conditional use permit is not
required but which require a building and/or sign permit (Overlay District standards are
applicable only to the changed element or improvement).
(3) Renovations for which a conditional use permit is required under the provisions of the city Code
as in effect at the time of the renovation (all applicable standards apply).
(4) All new or reconstructed parking areas with five or more spaces.
(5) Temporary signage.
(b) Grandfather. Any building, structure, parking area or sign that lawfully exists at the time ordinance
number 03-900 is enacted, which would not otherwise be permitted under ordinance number 03-900,
may be continued in the same manner as existed before the effective date of the ordinance, but any
future construction, additions, reconstruction, renovation, or sign erection shall be subject to the
requirements of this chapter.
(c) Compliance. At the time of application for any conditional use permit, building permit, or sign permit.
The applicant shall demonstrate the proposed building, structure, improvement, renovation or sign
complies with the requirements of this chapter. No CUP, building permit, or sign permit shall b e
issued until the requirements of this chapter have been met. It is the applicant's responsibility to
provide the necessary information to the city staff to determine compliance with the section of the
ordinance.
(Code 1986, § 556.02)
Sec. 102-548. - Awnings.
Awnings may be required to enhance the historic character of Main Street while providing sun
protection for display windows, shelter for pedestrians, and a sign panel for businesses.
(1) Length. Awnings cannot extend across multiple storefronts and/or multiple buildings.
(2) Materials. Awnings must be constructed of durable, protective, and water repellant materials.
Plastic or fiberglass awnings are not allowed.
(3) Lighting. Backlit or illuminated awnings are not allowed.
(4) Projecting. Awnings must project a minimum of 36 inches from the building.
(Code 1986, § 556.03)
Sec. 102-549. - Signs.
Signs will be architecturally compatible with the style, composition, materials, colors, and details of
the building to which they are affixed and with other signs on nearby buildings, while providing for
adequate identification of the business.
(1) Lighting. Internally illuminated signs (not including neon) are prohibited except for theater
signage.
(2) Prohibited. Pylon and monument signs are prohibited on Main Street.
(3) Projecting. Projecting signs will have a maximum size of 12 square feet and a maximum width
of three feet. Projecting signs cannot extend beyond the first floor of the building. No less than
ten feet of clearance shall be provided between the sidewalk surface and the lowest point of the
projecting sign.
(4) Design details. Signs cannot block or obliterate design details, windows or cornices of the
building upon which they are placed.
(Code 1986, § 556.04)
Sec. 102-550. - Building height.
New buildings, buildings and additions and redeveloped or remodeled buildings will complement the
existing pattern of building heights. Buildings in the Overlay District may not exceed four stories or 45 feet
in height.
(Code 1986, § 556.05)
Sec. 102-551. - Buildings.
Buildings in the Overlay District will together create the wall of buildings effect associated with
traditional Main Street areas.
(1) Setback. New construction and infill buildings must maintain the existing alignment of facades
along the street front. Exceptions may be granted if the setback is pedestrian -oriented and
contributes to the quality and character of the streetscape. An example would be outdoor dining.
(2) Parking lots. In instances where there are parking areas abutting the street, the sidewalk edge
must be delineated with landscaping.
(Code 1986, § 556.06)
Sec. 102-552. - Roofs and parapets.
Rooflines will mimic the separate yet complementary character and design of historic Main Street
buildings. Sloped roofs are not allowed unless the roof form is concealed by a parapet or false front.
Exceptions may be granted if the sloped roof is used on top of a multi-story building to help reduce the
overall height of the facade and define the residential character of the upper floors.
(Code 1986, § 556.07)
Sec. 102-553. - Utility areas, mechanical equipment and screening.
Utility areas, mechanical equipment, and screening will be designed so that they do not detract from
the aesthetic appeal of the district.
(1) Materials. The screening of exterior trash, storage areas, service yards, loading areas,
transformers, heating, and air conditioning units must use the same materials, color and/or style
as the primary building in order to be architecturally compatible with the primary building and the
building it is adjacent to. If the utility area is separate from the building it serves, it should be
consistent with the city streetscape theme.
(2) Roof equipment. All roof equipment will be screened from public view so as not to be visible
from the street.
(3) Screening. All exterior trash and storage areas, service yards, loading, areas, heating, and air
conditioning units must be screened from view. Camouflaging heating and air conditioning units
is an acceptable screening method.
(Code 1986, § 556.08)
Sec. 102-554. - Facades.
To break up the monotonous appearance of long facades, the exterior of buildings will be designed
with visual breaks. A building more than 45 feet in width will be divided into increments of no more than
45 feet through articulation of the facade. This can be achieved through combinations of the following
techniques:
(1) Divisions or breaks in materials.
(2) Window bays.
(3) Separate entrances and entry treatments.
(4) Variation in roof lines.
(5) Building setbacks.
Sec. 102-555. - Windows and doors.
(a) Open views. It is encouraged and may be required that windows and doors be incorporated in
building designs to provide large open views into the commercial space enhancing the pedestrian
experience by providing a visual connection to the use inside the building.
(b) Upper level windows. Windows are required on upper levels, and should provide privacy while
aesthetically and functionally serving the building.
(c) Ground level windows and doors. A minimum of 30 percent of the ground level facade and sides of
buildings adjacent to public streets shall consist of transparent materials.
(d) Rear facade. A minimum of 15 percent of the building's rear facade facing a public right -of-way,
parking area, or open space shall consist of transparent materials.
(e) Glass. Reflective glass is not allowed. Glass tinted more than 40 percent is not allowed.
(Code 1986, § 556.10)
Sec. 102-556. - Materials and detailing.
New buildings and structures, additions and renovations will be constructed to be long lasting and
use materials and detailing that maintain the distinct character and harmony of the downtown.
(1) Materials. The following materials are not allowed on the facades or sides of buildings adjacent
to public rights-of-way:
a. Painted concrete block.
b. Aluminum, vinyl or fiberglass siding or roofing materials.
c. Precast concrete panels.
(2) Approval. Any exterior material used in new construction or change in exterior m aterials on
more than 50 percent of the front, rear, or side of a building facing a public right -of-way, shall
require prior approval of the planning and zoning commission and city council for compliance
with the requirements of this subsection and the oth er provisions of this chapter.
(Code 1986, § 556.11)
Sec. 102-557. - Franchise architecture.
To maintain the unique character of the city downtown, buildings will not be constructed or renovated
using franchise architecture. The term "franchise architecture" means building design that is trademarked
or identified with a particular franchise, chain or corporation and is generic or standard in nature.
Franchise architecture is not allowed. Franchises or national chains must follow the standards of this
article to create a building that is compatible with downtown Hopkins.
(Code 1986, § 556.12)
Sec. 102-558. - Streetscape.
The streetscape will be uniform so that it acts to provide continuity throughout the downtown. When
a redevelopment project disturbs existing streetscape elements, those items must be replaced with
approved city streetscape elements compatible with the character of downtown Hopkins.
(Code 1986, § 556.13)
Sec. 102-559. - Lighting.
Lighting in the Overlay District should serve to illuminate facades, entrances, and signage to provide
an adequate level of personal safety while enhancing the aesthetic appeal of the buildings. Building and
signage lighting must be indirect, with the light sources hidden from direct pedestrian and motorist vi ew.
For exterior sign illumination, shaded gooseneck lamps are encouraged.
(Code 1986, § 556.14)
Sec. 102-560. - Parking.
Parking in the Overlay District must adequately serve the users without detracting from the compact
design that makes it a successful commercial center. Off-street parking must be located in the rear of
buildings on Main Street.
(Code 1986, § 556.15)
Sec. 102-561. - Exceptions.
(a) It is recognized that there may be projects that require a departure from the requirements in this
chapter in order to be feasible. Possible grounds to be considered in determining possible reasons
for granting exceptions to the ordinance are as follows:
(1) Safety.
(2) Unique site or building characteristics.
(3) Standards would have a detrimental effect on the use of the property.
(4) Public benefit.
(b) Financial hardship alone is not a basis to grant an exception. Exceptions will be reviewed by the
planning and zoning commission with a recommendation to the city council for action. Minor
exceptions can be granted on a staff level.
(Code 1986, § 556.16)
Secs. 102-562—102-585. - Reserved.
Project Name/Number/Date 07 42 43-1 Composite Wall Panels
VintageBrick Three-Part Specification
07 42 43
Composite Wall Panels
Part I - General
1.1 SECTION INCLUDES:
A. Exterior, panelized fiber cement cladding system and accessories to complete a drained
and back-ventilated rainscreen.
B. Interior fiber cement panelized cladding system and accessories.
1.2 RELATED SECTIONS
A. Section 05 41 00 - Structural Metal Stud Framing
B. Section 06 10 00 - Rough Carpentry
C. Section 06 16 00 - Sheathing
D. Section 07 20 00 - Thermal Protection
E. Section 07 25 00 - Weather Barriers
F. Section 07 60 00 - Flashing and Sheet Metal
G. Section 07 90 00 - Joint Protection
1.3 REFERENCES
A. American Architectural Manufacturers Association (AAMA):
1. AAMA 509-14 – Voluntary Test and Classification Method of Drained and Back
Ventilated Rain Screen Wall Cladding Systems
B. ASTM International (ASTM):
1. ASTM C 518 - Standard Test Method for Steady-State Thermal Transmission
Properties by Means of the Heat Flow Meter Apparatus.
2. ASTM C 1185 - Standard Test Methods for Sampling and Testing Non-Asbestos Fiber
Cement.
a. ASTM C 1186 – Standard Specification for Flat Fiber-Cement Sheets.
3. ASTM E-84 - Standard Test for Surface Burning Characteristics of Building Materials.
4. ASTM E 119 - Standard Test Methods for Fire Tests of Building Construction and
Materials.
5. ASTM E 228 - Standard Test Method for Linear Thermal Expansion of Solid Materials
with a Vitreous Silica Dilatometer.
Project Name/Number/Date 07 42 43-2 Composite Wall Panels
6. ASTM E 330 - Standard Test Method for Structural Performance of Exterior Windows,
Curtain Walls, and Doors by Uniform Static Air Pressure Difference.
7. ASTM E 331 - Standard Test Method for Water Penetration of Exterior Windows,
Curtain Walls, and Doors by Uniform Static Air Pressure Difference.
C. Florida Building Code - Test Protocol HVHZ
1. Testing Application Standard (TAS) 202, 203 – HVHZ Test Procedures
D. National Fire Protection Association (NFPA):
1. NFPA 285 - Fire Test Method for Exterior Wall Assemblies Containing Combustible
Material.
2. NFPA 268 – Ignition Resistance of Exterior Wall Assemblies.
E. Standards Council of Canada & Underwriters Laboratories Canada (ULC):
1. CAN/ULC S-102 – Standard Method of Test for Surface Burning Characteristics.
2. CAN/ULC S-134 – Standard Method of Fire Test of Exterior Wall Assembly.
1.4 SUBMITTALS
A. Submit under provisions of Section 01 33 00.
B. Product Data: Submit manufacturer’s product description, storage and handling
requirements, and installation instructions.
C. Product Test Reports and Code Compliance: Documents demonstrating product
compliance with local building code, such as test reports or Evaluation Reports from
qualified, independent testing agencies.
D. LEED Credits: Provide documentation of LEED Credits for project certification under
USGBC LEED 2009 (Version 3.0) or 2012 v.4.
E. Manufacturer’s Details: Submit drawings (.dwg, .rvt, and/or .pdf formats), including plans,
sections, showing installation details that demonstrate product dimensions, edge/termination
conditions/treatments, compression and control joints, corners, openings, and penetrations.
F. Samples: Submit samples of each product type proposed for use.
1.5 QUALITY ASSURANCE
A. Manufacturer Qualifications:
1. All fiber cement panels specified in this section must be supplied by a manufacturer
with a minimum of 10 years of experience in fabricating and supplying fiber cement
cladding systems.
a. Products covered under this section are to be manufactured in an ISO 9001
certified facility.
Project Name/Number/Date 07 42 43-3 Composite Wall Panels
2. Provide technical and design support as needed regarding installation requirements
and warranty compliance provisions.
B. Installer Qualifications: All products listed in this section are to be installed by a single
installer trained by manufacturer or representative.
C. Mock-Up Wall: Provide a mock-up wall as evaluation tool for product and installation
workmanship.
D. Pre-Installation Meetings: Prior to beginning installation, conduct conference to verify and
discuss substrate conditions, manufacturer’s installation instructions and warranty
requirements, and project requirements.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Panels must be stored flat and kept dry before installation. A waterproof cover over
panels and accessories should be used at all times prior to installation. Do not stack pallets
more than two high. Refer to the information included on each pallet.
B. If panels are exposed to water or water vapor prior to installation, allow to completely dry
before installing. Failure to do so may result in panel shrinkage at ship lap joints, and such
action may void warranty.
C. Panels MUST be carried on edge. Do not carry or lift panels flat. Improper handling may
cause cracking or panel damage.
D. Direct contact between the panels and the ground should be avoided at all times. It is
necessary to keep panels clean during installation process.
1.7 WARRANTY
A. Provide manufacturer’s 15-year warranty against manufactured defects in fiber cement
panels. Additional 5-year extension available when refinished in year 14-15.
B. Provide manufacturer’s 15-year warranty against manufactured defects in panel finish.
C. Warranty provides for the original purchaser. See warranty for detailed information on
terms, conditions and limitations.
PART II: PRODUCTS
2.1 MANUFACTURERS
A. Acceptable Manufacturer: Nichiha Corporation, 18-19 Nishiki 2-chome Naka-ku, Nagoya,
Aichi 460-8610, Japan.
Project Name/Number/Date 07 42 43-4 Composite Wall Panels
B. Acceptable Manufacturer’s Representative: Nichiha USA, Inc., 6465 E. Johns Crossing,
Suite 250, Johns Creek, GA 30097. Toll free: 1.866.424.4421, Office: 770.805.9466, Fax:
770.805.9467, www.nichiha.com.
1. Basis of Design Product: Nichiha VintageBrick.
a. Profile colors: Alexandria Buff, White Wash.
b. Profiles: Each panel features six rows of rough-cut brick pattern. Rows one,
three, and five begin and end with a whole brick. Rows two, four, and six
begin and end with a half brick.
c. Accessory/Component Options:
i. Manufactured Corners with 3-1/2” returns for each profile color.
ii. Essential Flashing System: Starter, Overhang.
1. Finish: Matte black.
d. Dimensions – AWP-1818: 455mm (17-7/8”) (h) x 1,818 mm (71-9/16”) (l).
e. Panel Thickness: 18 mm (3/4").
f. Weight: 39.68 lbs. per panel.
g. Coverage: 8.88 sq. ft. per panel.
h. Factory sealed on six [6] sides.
C. Substitutions: Not permitted.
D. Requests for substitutions will be considered in accordance with provisions of
Section 01 60 00.
2.2 MATERIALS
A. Fiber cement panels manufactured from a pressed, stamped, and autoclaved mix of
Portland cement, fly ash, silica, recycled rejects, and wood fiber bundles.
B. Panel surface pre-finished and machine applied.
C. Panels profiled along all four edges, such that both horizontal and vertical joints between
the installed panels are ship-lapped.
D. Factory-applied sealant gasket added to top and right panel edges; all joints contain a
factory sealant.
2.3 PERFORMANCE REQUIREMENTS:
A. Fiber Cement Cladding – Must comply with ASTM C-1186, Type A, Grade II
requirements:
1. Wet Flexural Strength: Result: 1418 psi, Lower Limit: 1015 psi.
2. Water Tightness: No water droplets observed on any specimen.
3. Freeze-thaw: No damage or defects observed.
Project Name/Number/Date 07 42 43-5 Composite Wall Panels
4. Warm Water: No evidence of cracking, delamination, swelling, or other defects
observed.
5. Heat-Rain: No crazing, cracking, or other deleterious effects, surface or joint changes
observed in any specimen.
B. Mean Coefficient of Linear Thermal Expansion (ASTM E-228): Max 1.0*10^-5 in./in. F.
C. Surface Burning (CAN-ULC S102/ASTM E-84): Flame Spread: 0, Smoke Developed: 0.
D. Wind Load (ASTM E-330): Contact manufacturer for ultimate test pressure data
corresponding to framing type, dimensions, fastener type, and attachment clips. Project
engineer(s) must determine Zone 4 and 5 design pressures based on project specifics.
1. Minimum lateral deflection: L/120.
E. Water Penetration (ASTM E-331): No water leakage observed into wall cavity.
F. Steady-State Heat Flux and Thermal Transmission Properties Test (ASTM C-518): 16mm
thick panel thermal resistance R Value of 0.47.
G. Fire Resistant (ASTM E-119): The wall assembly must successfully endure 60-minute fire
exposure without developing excessive unexposed surface temperature or allowing flaming
on the unexposed side of the assembly.
H. Ignition Resistance (NFPA 268): No sustained flaming of panels, assembly when
subjected to a minimum radiant heat flux of 12.5 kW/m2 ± 5% in the presence of a pilot
ignition source for a 20-minute period.
I. Fire Propagation (NFPA 285): Wall assembly of Nichiha AWP, Ultimate Clips and Starter
Track, Tyvek Commercial Wrap, ½” Densglass Gold Sheathing, 16” o.c. 18 gauge steel
studs, mineral wool in-cavity insulation, and interior 5/8” Type X gypsum met the acceptance
criteria of NFPA 285.
J. Fire Propagation (CAN/ULC S-134): Wall assembly of Nichiha AWP, Ultimate Clips and
Starter Track, Tyvek Housewrap, 5/8” FRT plywood, 16” o.c. 2x wood studs, fiberglass in-
cavity insulation, and interior 5/8” Type X gypsum met the acceptance criteria of CAN/ULC
S-134.
K. Drained and Back Ventilated Rainscreen (AAMA 509-14): System classifications: W1, V1.
L. Florida Building Code - Test Protocol HVHZ (TAS 202, 203): Design Pressure: 95 psf
2.4 INSTALLATION COMPONENTS
A. Ultimate Clip System:
1. Starter Track: FA 700 (10mm rainscreen) – 3030mm (l) galvalume coated steel.
Project Name/Number/Date 07 42 43-6 Composite Wall Panels
2. Panel Clips: JEL 788 “Ultimate Clip II” (10mm rainscreen for 3/4” AWP) – Zinc-
Aluminum-Magnesium alloy coated steel.
a. Joint Tab Attachments (included) – used at all AWP-1818 panel to panel
vertical joints.
3. Corner Clips: JE 787C (10mm rainscreen for 3/4” AWP Manufactured Corners) --
Zinc-Aluminum-Magnesium alloy coated steel.
4. Single Flange Sealant Backer – FHK 1015 R (10mm) – 6.5’ (l) fluorine coated
galvalume.
5. Double Flange Sealant Backer – FH 1015 R (10mm) – 10’ (l) fluorine coated
galvalume.
6. Corrugated Spacer – FS 1005 (5mm), FS 1010 (10mm) – 4’ (l).
B. Essential Flashing System (optional):
1. Starter – main segments (3030mm), inside corners, outside corners
2. Overhang – main segments (3030mm), inside corners, outside corners, joint clips
C. Fasteners: Corrosion resistant fasteners, such as hot-dipped galvanized screws
appropriate to local building codes and practices must be used. Use Stainless Steel
fasteners in high humidity and high-moisture regions. Panel manufacturer is not liable for
corrosion resistance of fasteners. Do not use aluminum fasteners, staples or fasteners
that are not rated or designed for intended use. See manufacturer’s instructions for
appropriate fasteners for construction method used.
D. Flashing: Flash all areas specified in manufacturer’s instructions. Do not use raw
aluminum flashing. Flashing must be galvanized, anodized, or PVC coated.
E. Sealant: Sealant shall comply with ASTM C920, Class 35.
PART III: EXECUTION
3.1 EXAMINATION
A. Verification of Conditions:
1. Fiber cement panels can be installed over braced wood, steel studs and sheathing
including plywood, OSB, plastic foam (1” or less) or fiberboard sheathing. Fiber cement
panels can also be installed over Structural Insulated Panels (SIP’s), Concrete Masonry
Units (CMU’s) and Concrete Block Structures (CBS’s) with furring strips, and Pre-
Engineered Metal Construction. Insulated Concrete Forms (ICFs) require added
measures. Consult with Nichiha Technical Services.
2. Allowable stud spacing: 16” o.c. maximum.
Project Name/Number/Date 07 42 43-7 Composite Wall Panels
3. A weather resistive barrier is required when installing fiber cement panels. Use an
approved weather resistive barrier (WRB) as defined by the 2015 IBC or IRC. Refer to
local building codes.
4. Appropriate metal flashing should be used to prevent moisture penetration around all
doors, windows, wall bottoms, material transitions and penetrations. Refer to local
building codes for best practices.
B. Examine site to ensure substrate conditions are within alignment tolerances for proper
installation.
C. Do not begin installation until unacceptable conditions have been corrected.
D. Do not install panels or components that appear to be damaged or defective. Do not
install wet panels.
3.2 TOLERANCE
A. Wall surface plane must be plumb and level within +/- ¼ inch in 20 feet in any direction.
1. One layer of Nichiha 5mm (~3/16”) Spacer may be used as shim.
3.3 INSTALLATION
A. General: Install products in accordance with the latest installation guidelines of the
manufacturer and all applicable building codes and other laws, rules, regulations and
ordinances. Review all manufacturer installation, maintenance instructions, and other
applicable documents before installation.
1. Consult with your local dealer or Nichiha Technical Department before installing any
Nichiha fiber cement product on a building higher than 45 feet or three stories or for
conditions not matching prescribed standard installation guide requirements and
methods. A Technical Design Review (TDR) process is available to evaluate project
feasibility.
2. Vertical Control/Expansion Joints are required with AWP-1818, for walls wider than
30 feet, within 2-12 feet of outside corners finished with metal trim and approximately
every 30 feet thereafter.
3. Horizontal/Compression Joints are required for multi-story installations of AWP.
Locate joints at floor lines. Joints are flashed minimum ½” breaks. Do not caulk. Refer to
installation guide(s).
A. Wood framed buildings of three or more floors require a compression joint at
each floor.
Project Name/Number/Date 07 42 43-8 Composite Wall Panels
B. Steel framed buildings (including reinforced concrete core with LGMF exterior
walls) of more than three floors (or 45 feet) require a compression joint every 25
feet at a floor line.
B. Panel Cutting
1. Always cut fiber cement panels outside or in a well ventilated area. Do not cut the
products in an enclosed area.
2. Always wear safety glasses and NIOSH/OSHA approved respirator whenever cutting,
drilling, sawing, sanding or abrading the products. Refer to manufacturer SDS for more
information.
3. Use a dust-reducing circular saw with a diamond-tipped or carbide-tipped blade.
a. Recommended circular saw: Makita 7-1/4” Circular Saw with Dust Collector
(#5057KB).
b. Recommended blade: Tenryu Board-Pro Plus PCD Blade (#BP-18505).
c. Shears (electric or pneumatic) or jig saw can be used for complicated cuttings,
such as service openings, curves, radii and scrollwork.
4. Silica Dust Warning: Fiber cement products may contain some amounts of
crystalline silica, a naturally occurring, potentially hazardous mineral when airborne in
dust form. Consult product SDS or visit
https://www.osha.gov/dsg/topics/silicacrystalline/.
5. Immediately clean dust from cut panels as it may bind to the finish.
3.4 CLEANING AND MAINTENANCE
A. Review manufacturer guidelines for detailed care instructions.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 1
PLANNING & ZONING COMMISSION MINUTES
October 22, 2019
A regular meeting of the Hopkins Planning & Zoning Commission was held on October 22, 2019,
at 6:30 p.m. in the Council Chambers at Hopkins City Hall. Present were Commission Members
Gerard Balan, Samuel Stiele, Nathan White, Emily Fiamova, Laura Daly and Kristen Hanneman.
Commissioner Goeman was absent. Also present was City Planner Jason Lindahl.
CALL TO ORDER
Chairperson Balan called the meeting to order at 6:30 p.m.
ADOPT AGENDA
Commissioner Hanneman moved, Commissioner White seconded, to adopt the agenda. The motion
was approved unanimously.
OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – None.
CONSENT AGENDA
Commissioner Stiele moved, Commissioner Hanneman seconded, to approve the minutes of the
September 24, 2019 special meeting. The motion was approved unanimously.
PUBLIC HEARING
1. Planning Application 2019-15-CUP 600 2nd Street Northeast (Two Men and a Truck)
Mr. Lindahl gave an overview of this item, stating that the applicant, Bill Beard of Hopkins
Mainstreet II, LLC, requests approval of a conditional use permit (CUP) for the property located at
600 2nd Street Northeast to allow outdoor storage of up to 20 moving trucks. The outdoor storage of
the trucks would be associated with the office and self-storage facility for Two Men and a Truck.
The conditional use permit standards require outdoor storage to be screened from the public right-
of-way through a combination of setback, landscaping and fencing. In this case, the applicant is
proposing to add a 20’ setback with a combination of fencing and landscaping. Staff recommends
approval of the request with the conditions listed in the resolution.
Commissioner Fiamova noted that there is no sidewalk along Jackson Avenue between Excelsior
Boulevard and 2nd Street NE and questioned if pedestrians could continue to safely walk along the
street in the grass or if the proposed landscaping would fully cover the area. Mr. Lindahl replied that
the current green space is around 8’ and would be extended to 20’ and the proposed landscaping
would likely not make it more difficult to walk along the grass on Jackson.
With no additional questions from the Commission, Chairperson Balan opened the public hearing at
6:42 pm.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 2
The applicant, Bill Beard, addressed the Commission and was available to answer any questions.
With no one wishing to speak, Commissioner Daly moved and Commissioner Hanneman seconded
to close the public hearing. The motion was approved unanimously at 6:43 pm.
Commissioner Hanneman moved and Commissioner Stiele seconded to adopt Planning Resolution
2019-11 recommending the City Council approve a conditional use permit for 600 2nd Street
Northeast. The motion was approved unanimously.
Mr. Lindahl stated that this application will be presented to the City Council at their meeting on
Monday, November 4 with the Planning Commission’s recommendation of approval.
2. Planning Application 2019-16-CUP RZ 510 Blake Road North (Bank of America)
Mr. Lindahl gave an overview of this item, stating the applicant, Bank of America on behalf of the
owner Frauenshuh Hospitality Group, requests 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. The zoning code text amendment is necessary to remove a dated requirement that banks
be located in or adjacent to downtown. The remaining 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. Staff recommends approval of these requests.
After some general discussion from the Commission, Chairperson Balan opened the public hearing
at 6:59 pm.
Coming forward were Brandon Garnett with Nelson Architecture, Pat Hassett representing Bank of
America and Trent Mayberry with Told Development who made themselves available for any
questions from the public or Commission members.
With no one wishing to speak, Commissioner Hanneman moved and Commissioner Daly seconded
to close the public hearing at 7:01 pm. The motion was approved unanimously.
Commissioner Fiamova moved and Commissioner Hanneman seconded to adopt Planning
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. The motion was
approved unanimously.
Commissioner Stiele moved and Commissioner Fiamova seconded to adopt Planning 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.
The motion was approved unanimously.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 3
Commissioner Daly moved and Commissioner Stiele seconded to adopt Planning Resolution 2019-
16 recommending the City Council approve the site plan for 510 Blake Road North. The motion
was approved unanimously.
Commissioner White moved and Commissioner Fiamova seconded to adopt Planning Resolution
2019-17 recommending the City Council approve the conditional use permit for 510 Blake Road
North. The motion was approved unanimously.
3. Planning Application 2019-17-RZ PUD & SP Vista 44 (Beacon Multifamily Housing)
Mr. Lindahl gave an overview of this item, stating the applicant, Beacon Interfaith Housing
Collaborative, requests rezoning and planned unit development (PUD) approvals to allow
construction of a 4-story, 50-unit multifamily apartment building. As part of the necessary approvals,
the applicant requests rezoning from R-5, High Density Multiple Family to Mixed Use with a
planned unit development (PUD) to allow flexibility from some of the Mixed Use Standards in
exchange for a higher quality development. Should the City approve these requests, the applicant
will also need future subdivision and easement vacation approvals. Staff recommends approval of
these requests subject to the conditions detailed in the resolutions.
After staff’s presentation on the details of the applicant’s proposals, Chairperson Balan opened the
public hearing at 7:20 pm.
First to the Commission were members of the Beacon development Team. Kevin Walker of Beacon
Interfaith Housing Collaborative, presented to the Commission additional background on Beacon
and the proposal for Vista 44. Anna Petersmeyer, COO of Volunteers of America, shared
information on Volunteers of America and the services that would be available to residents of Vista
44. Bart Nelson of Urban Works Architecture, discussed the floor to area ratio, parking
requirements and design standards for the development.
Commissioner Hanneman questioned if Hopkins residents or those with ties to the community
would have any advantage when applying to live in the development. Mr. Walker provided
information on the coordinated entry application system administered by Hennepin County and
confirmed previous history with a community does not give an advantage. Commissioner Daly
asked for more information on the green space for the development. Mr. Nelson shared that there
are plans for a playground area, rain garden and will retain as much of the surrounding green space
as possible.
The following individuals then came forward to address the Commission:
• Rev. Zoe Kaester of Mizpah United Church of Christ in Hopkins spoke in support of the
development.
• Judy Johnson, 32 11th Avenue South, spoke in support of the development.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 4
• Alan Johnson, 32 11th Avenue South, spoke in support of the development.
• Rabbi Jill Crimmings of Bet Shalom Congregation in Minnetonka, spoke in support of the
development.
• Tom Hudock, 325 13th Avenue North, spoke in support of the development.
• Michael Semsch, president of National Handicap Housing, spoke in support of the
development.
• Charlie Flynn, 374 Althea Lane, spoke in support of the development.
• Tim Buckley, 18 12th Avenue North, is not opposed to the development, but commented on
current road conditions on 12th Avenue North and questioned if there would be street
improvements with the project. Mr. Lindahl replied that no street improvements are
included in the proposal, but the City does have a Street Improvement Plan that designates
sections of the community for improvements each year. Mr. Lindahl said he would reach out
to the City Engineer for a timeline.
• Charles Claud, 32 11th Avenue South #109, shared concerns regarding the potential for
unexpected expenses related to civil engineering, including parking, street conditions, and
sewage and stormwater management.
• Gary McGlennen, 32 11th Avenue South #111, spoke in opposition of the development. Mr.
McGlennen questioned the applicant paying for the traffic study. Mr. Lindahl clarified the
process for traffic studies and that the City chooses the consultant, not the applicant. Noting
a last minute change to the plans, Mr. McGlennen suggested the Planning Commission
choose to continue for more information.
• Jim Shurley, 32 11th Avenue South, spoke in opposition of the development with concern
for the change in zoning.
• Rep. Cheryl Youakim, 129 7th Avenue North, spoke in support of the development.
• Pastor Scott Searl of Shepard of the Hills in Edina, spoke in support of the development.
• Marie Trafas, 402 14th Avenue North, spoke in opposition of the development, instead
preferring senior-owned condominiums.
• Jay Hornbacher, 10 7th Avenue North, spoke in support of the development.
• Terrie Winegar, 106 12th Avenue South, spoke in opposition of the development.
• Greg Zoidis, 201 Homedale Road and Beacon Interfaith board member, spoke in support of
the development.
• Mark Muenchow, 1117 1st Street South, spoke in opposition of the development.
• Elaine Schweitzer, 1101 1st Street South, spoke in opposition of the development, citing
concern with neighborhood safety, background checks and application requirements for
tenants. Mr. Lindahl replied that City policy requires rental property owners to administer
background checks on all future tenants and to have that information on file.
• William, a Hopkins resident, had questions about illegal drug use or excessive use of alcohol
by residents of the development and if there will be support systems in place for those
dealing specifically with addiction issues and the long-term plan for continuing all supportive
services.
• Joan Schwartzbauer, 32 11th Avenue South, spoke in opposition of the development.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 5
• Michelle Poirier, 102 Wayside Road W, discussed value in ownership vs rental as well as lack
of parking in the area.
• Judy Slayton, 1005 1st Street South, asked the Commission to envision long term.
With no one else wishing to speak, Commissioner Daly moved and Commissioner Stiele seconded
to close the public hearing at 8:56 pm. The motion was approved unanimously.
The following questions were addressed after the public hearing:
• Unexpected expenses related to civil engineering including street conditions, parking, and
sewage and stormwater management. Mr. Lindahl replied that the traffic study showed the
development would not create a need for improvements to the surrounding streets. The City
Engineer reviewed the plans and did not identify the current water and sewer capacity as an
issue. With regard to stormwater management, there is a condition of approval from the
Nine Mile Creek Watershed District.
• Mr. Lindahl presented clarification on staff recommendations provided in the reports and
the legal authority of the City in reviewing proposals.
• Commissioner Daly questioned the density change that would occur with the zoning change
from R-5 to Mixed Use. Mr. Lindahl did not have exact numbers at the time, but replied that
they would be similar.
• Commissioner Hanneman asked about the contract for the development as supportive
housing and the possibility for it to change in the future. Chris Dettling of Beacon Interfaith
replied that a requirement by one of the financing sources (Minnesota Housing Finance
Agency) is that supportive services be provided to the residents of the building for the
duration of the loan agreement, typically 30-45 years.
• Concern over safety and background check requirements. Mr. Walker of Beacon Interfaith
commented that the application process is thorough and noted that those whom could
adversely affect the well-being or pose a risk to the safety of the other tenants and the
surrounding community will not be allowed to rent in the development.
After some general discussion from the Planning Commission, Commissioner Hanneman moved
and Commissioner Daly seconded to adopt Planning Resolution 2019-12 recommending the City
Council approve an ordinance rezoning the south 1 acre of the St. Joseph’s Church Parking Lot
from R-5 High Density Multiple Family to Mixed Use – Planned Unit Development, subject to
conditions. The motion was approved 4-2 with Commissioners Balan and Stiele voting against the
motion.
Commissioner Fiamova moved and Commissioner Daly seconded to adopt Planning Resolution
2019-13 recommending the City Council approve the site plan for the Beacon Multiple Family
apartment building, subject to conditions. The motion was approved 4-2 with Commissioners Balan
and Stiele voting against the motion citing a desire for more time to review the recently revised site
plan.
Minutes of the Planning & Zoning Commission, October 22, 2019 – Page 6
Mr. Lindahl stated that this application will be presented to the City Council at their meeting on
Monday, November 4 with the Planning Commission’s recommendation of approval.
OLD BUSINESS – None.
NEW BUSINESS
1. Downtown Overlay District Standards Appeal
Mr. Lindahl gave an overview of this item, stating that the applicant Tom Dewitz, contractor for the
owner of 1209 Mainstreet, requests the Planning & Zoning Commission review of staff’s
interpretation of the Downtown Overlay district’s Materials and Detailing standards. Staff finds the
applicant’s proposed exterior material is not allowed in the Downtown Overlay district while the
applicant states the proposed product looks like brick or stone and should be allowed.
Tom Dewitz, representative for the building owner, presented to the Commission details on the
Nichiha product the owner wishes to use on the façade of the building.
After some general discussion on the proposed material and the downtown design standards,
Commissioner White moved and Commissioner Hanneman seconded to recommend the City
Council affirm staff’s interpretation that the applicant’s proposed material is not allowed under the
Materials and Detailing Section of the Downtown Overlay District. The motion was approved
unanimously.
ANNOUNCEMENTS – None.
ADJOURN
Commissioner Daly moved, Commissioner Stiele seconded, to adjourn the meeting. The motion
was approved unanimously. The meeting was adjourned at 9:42 p.m.
Respectfully submitted,
Courtney Pearsall
Administrative Assistant