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120418 Planningwo 1. CALL TO ORDER 2. ROLL CALL PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, December 4, 2018 7:00 p.m. 2.1 Swear in new Planning Commission member Matthew Korkowski 3. CONSENT BUSINESS 4. PUBLIC HEARING 4.1 PC 18-28, site plan review for construction of new pool, bathhouse, mechanical building, and theater and reconfiguration of Civic Center Park at 4401 Xylon Avenue North, City of New Hope, petitioner 4.2 PC 18-29, text amendment to Sections 1-2, 2-60, 4-3, and 9-11 of the New Hope City Code related to the abatement of public nuisances and other code violations including impounding of vehicles or recreational vehicles as alternative enforcement option 5. COMMITTEE REPORTS 5.1 Design and Review Committee -- next meeting tentatively December 13, 2018 5.2 Codes and Standards Committee — next meeting 6. NEW BUSINESS 7. OLD BUSINESS 7.1 Approve October 2, 2018, Planning Commission minutes S. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting PLANNING CASE REPORT City of New Hope Meeting Date: December 4, 2018 Report Date: November 30, 2018 Planning Case: 18-28 Petitioner: City of New Hope Address: 4401 Xylon Avenue North Project Name: Civic Center Park Project Description: Construction of new pool, bathhouse, mechanical building, and theater and reconfiguration of Civic Center Park Planning Request: Site Plan Review I. Type of Planning Request Site Plan Review II. Zoning Code References Section: 4-35 Administration - Site Plan Review III. Property Specifications Zomig: GPO - Governmental, Park and Open Space Location: Southwest corner of Xylon and 45th avenues (current City Hall/Civic Center Park campus) Adjacent Land Uses: North: R-1- Single -Family Residential West: R-1- Single -Family Residential South: CC - City Center East: CC - City Center (northeast) PUD - Planned Unit Development (southeast) Site Area: 19.31 acres Planning District: Planning District 11. The Comprehensive Plan states, "the Civic Center Park, outdoor pool, outdoor theater, and governmental buildings are included in District 11. This area serves as an important element to the City Center image and as an attraction to the planning district. The city will continue to monitor and upgrade facilities in Civic Center Park as needs are presented." It recommends the implementation of the Civic Center Park Master Plan. Planning Case Report 18-28 Page 1 12/4/18 IV. Background In 2016, Wold Architects recommended locating the new police station/city hall that is currently under construction on the site previously occupied by the city's outdoor pool. The recommendation considered many factors, including soil conditions, proximity to adjacent residential property owners, the cost of a new building, and public access to the new building. In 2017, a majority of the New Hope City Council voted to proceed with the project. The construction of a new pool complex and improvements to Civic Center Park were included as part of the overall police station/city hall discussions. Pool and park committees, made up of New Hope residents, were formed in January 2017 to explore options that would fit within the budget that had been identified by the City Council. After many meetings, open houses, and a pool listening session with the City Council, preferred concepts were identified and shared with the City Council. In May 2018, Governor Dayton signed a state bonding bill into law which included a $2 million request to help fund a 50 -meter pool as part of the new pool complex. The state funds will help cover the difference in cost to construct a 50 -meter pool compared to the cost of a previously discussed 25 -yard pool. In June 2018, the City Council approved a preliminary pool concept and asked staff to move forward with detailed plans and specifications. Since June, a staff committee has been working with Stantec Engineering to finalize plans for the new pool and the park amenities. The city of New Hope has submitted plans for a new outdoor pool, bathhouse, mechanical building, and outdoor theater on the Civic Center Park site. Plans call for the removal of the existing theater and reconfiguration of the park. The plans submitted represent general concepts depicting anticipated locations, materials, and appearances of the proposed buildings and facilities. There may still be changes to some of these aspects as details of the project are finalized by the City Council. V. Zoning Analysis A. Plan Description 1. Park Master Plan There have been extensive discussions on the Civic Center Park Master Plan, influencing the proposed layout and types of uses intended for the park. The plan integrates new facilities with existing facilities that are being retained. 2. Lot Area and Setbacks The Governmental, Park and Open Space (GPO) zoning district has no minimum lot area, width, or setback requirements. 3. Pedestrian Access The Civic Center Park Master Plan shows 213 parking stalls with seven disability stalls, meeting the minimum requirement of seven disability stalls. Pour of the disability stalls are located near the new police station/city hall and three are located near the proposed bathhouse. In reviewing the site plan, the Design and Review Committee recommended adding or moving disability stalls near the proposed theater and existing basketball/volleyball courts. According to the city engineer, one or two stalls will be moved near the proposed theater. The addition of disability stalls near the basketball/volleyball Planning Case Report 18-28 Page 2 12/4/18 parking area southwest of the new police station/city hall will also be considered when parking lot improvements are made in 2020 or 2021. There will be two ADA accessible pedestrian ramps for crossing the police entry driveway, one at the northwest corner of the fire station near the security fence and one at the west side of the police station/city hall back patio. 4. Building Design The proposed buildings and structures would be constructed with brick and concrete block materials, complying with the city's Design Guidelines. S. Landscaping According to the city engineer, 59 trees will be removed and approximately 150 new trees would be installed throughout the parking lots and park as part of the project. 6. Theater The application includes two outdoor theater concepts. Option 1, which has been recommended to the City Council, utilizes lighter brick facade, whereas Option 2 utilizes a darker brick fagade. The proposed configuration of the new theater minimizes the impact of glare from the west -facing sun and maximizes the usability of available space. It increases the area available for overflow and allows for the utilization of the picnic shelter. The placement is also optimal in regards to restroom access and ADA accessibility. Considerations will be given to controlling noise volumes during evening events in order to reduce any potential issues for the neighboring single-family homes. 7, Pool The proposed aquatic amenities include a 50 -meter pool, a shallow pool, a current channel, and two waterslides. The fence detail will be provided at a later time, illustrating the fence design, height, gate locations, gate latches, and emergency exits. 8. Skate Plaza The proposed skate plaza will be a concrete pad for skateboarders, similar to what is currently in place west of the existing City Hall. Configuration and specifics of the park have yet to be determined. Any facility lighting in the area will be sensitive to the adjoining single-family homes to the north. 9. Future Hockey Rink Replacement of the existing hockey rink is included on the plan as "Future Hockey Rink." The hockey rink will not be constructed at this time, but is included as part of the city's 2022 Capital Improvement Plan (CIP). A warming house is not included as part of the plan or as part of future improvements. Any facility lighting in the area must be sensitive to the adjoining single-family homes to the north. Planning Case Report 18-28 Page 3 12/4/18 10. Fire The locations of proposed fire hydrants are identified on Sheet C4.00. According to the deputy fire marshal, the bathhouse will require a fire sprinkler system. A fire alarm system may also be required, depending on occupancy type and occupant load. The size and design of the proposed locker room meets the fixture requirements identified in the Minnesota Pool Code. Egress areas from the pool area, including exit gates will be designed and located appropriately in the future. Lock boxes are required on the bathhouse and pool mechanical building. Appliances such as microwaves, hot dog warming machines, and popcorn makers will be used in the kitchen concession area. Should any larger appliances be installed or used, a hood and fire protection system may be required. B. Zoning Code Criteria 1. Site Plan Review Criteria. In making recommendations and decisions upon site and building plan review applications, the staff, Planning Commission, and City Council shall consider the compliance of such plans with the following standards: (1) Consistency with the various elements and objectives of the city's long-range plans, including, but not limited to, the Comprehensive Plan. Findings. The Comprehensive Plan states that the city will upgrade facilities in the Civic Center Park as needs are presented. The area serves as an important element to the City Center image and as an attraction to the planning district. The proposal presents an opportunity to upgrade facilities and is supported by the Comprehensive Plan. (2) Consistency with the purposes of this Code. Findings. The proposal is generally consistent with the purposes of the City Code, meeting all minimum requirements. (3) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. Findings. The plans submitted demonstrate new trees and vegetation within the police station/city hall parking lot as well as the pool/park parking lot. Being that the site is part of Civic Center Park, preserving and planting new trees is essential. Plans call for 59 trees to be removed and approximately 150 new trees to be installed as part of the project. Impacts to the grading of the site will be minimal. (4) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. Findings. The new buildings will use materials that complement the new police station/city hall building. Design elements from the recently installed Xylon Avenue streetscape improvements have been incorporated into the improvements, which Planning Case Report 18-28 Page 4 12/4/18 will be complimentary to the buildings in the surrounding area. The proposed improvements along with the new police station/city hall campus and Xylon Avenue streetscape will help in creating a family -friendly, highly walkable area. (5) Creation of a functional and harmonious design for structures and site features. a. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors, and the general community. Findings. The new police station/city hall building will be situated in a manner that promotes the use of other amenities in the park. The proposed configuration of the theater maximizes the usability of available space. It increases the area available for overflow and allows for the utilization of the picnic shelter during performances. b. Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development. Fines The landscape plan incorporates many of the Xylon Avenue streetscape improvements in an effort to achieve a harmonious balance. The placement of each building/amenity helps maintain an appropriate amount of open space throughout Civic Center Park. C. Appropriateness of the materials, textures, colors, and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions. Findings. The proposed building materials and colors were specifically selected to help blend in with the existing structures and landscaping. Stone veneer from the new police station/city hall has been incorporated into designs of the bathhouse, mechanical building, theater, picnic, and shelter. d. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. Findings. The parking lot and pedestrian access points and connections into and around the area have all been designed with safety in mind. The goal of the city is to create a campus feel for Civic Center Park that is enjoyable and safe to all visitors. Lighting has also been incorporated into the recreational paths throughout the area. Planning Case Report 18-28 Page 5 12/4/18 (6) Creation of an energy -conserving design through design, location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. Findings. The proposed facilities would use modern building, materials and technologies to maximize energy conservation. The parking lot areas include a proposed two -foot rock trench, which would serve as grade for the lots. Stormwater would be treated with a draintile system, filtering it before traveling to the pond northeast of the site. (7) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. Findings. The protection of neighboring properties has been considered in the placement of each building/amenity. Residents along Zealand Avenue North expressed concerns about the new police station/city hall getting closer to their properties, which affected the decision on where the building was located. The proposed location of the pool is as far away from single-family residential to the west and north as possible, given the location of other amenities. The proposed configuration of the theater minimizes the impact of glare from the west -facing sun and maximizes the usability of available park space. It also increases the area available for overflow and allows for the utilization of the picnic shelter. The placement is also optimal in regards to restroom access and ADA accessibility. Considerations will be made to controlling noise volumes during evening events in order to reduce any potential issues. C. Design & Review Committee The Design and Review Committee met on November 15, 2018, to discuss the request. The committee supported the project. D. Approval 1. Type of Approval L Site Plan Review - quasi-judicial 2. Timeline L Date Application Received: November 9, 2018 ii. End of 60 -Day Decision Period: January 8, 2019 iii. End of 120 -Day Decision Period: March 9, 2019 Planning Case Report 18-28 Page 6 12/4/18 VI. Notification Property owners within 500 feet of the parcel were notified of the public hearing by mail and a legal notice was published in the Sun Post newspaper. Staff received questions from several neighbors who received the notice, many of which focused on the outdoor skating rink and placement of the new theater. VII. Summary The city of New Hope submitted plans for a new outdoor pool, bathhouse, mechanical building, outdoor theater on the Civic Center Park site. Plans call for the removal of the existing theater and reconfiguration of the park. The plans submitted represent general concepts depicting anticipated locations, materials, and appearances of the proposed buildings and facilities. Implementation of the Civic Center Park Master Plan will offer a broad variety of recreational facilities while maximizing the use of available land. Vlll. Recommendation Staff recommends that the Planning Commission recommend approval of the site plan review, with the following condition of approval: 1. Provide photometric plan meeting minimum lighting standards for buildings, parking lots, and pedestrian areas. Attachments • Plans and renderings (November 19, 2018) Northwest Associated Consultants memorandum from Alan Brixius (November 13, 2018) West Metro Fire -Rescue District memorandum from Shelby Wolf (November 14, 2018) Planning Case Report 18-28 Page 7 12/4/18 : t r h�r -12% r .- : e +. 5 EXISTING rT _ l� BASKETBALLI _ I ? :''B05MING —' — A VOLLEYBALL 51EDD1NG HILL _ !_'OURIS .�•...(WINTERI• r e L XISTING +dP — TENNIS m F"—� a I jL COiIRTS— i 1 + 1M I I A rP PLAZA M —. s iia. � — � t I ' r I r•-- .- I ' iq 17 Ir { i er I —R1N 70. RX 8171i I POOL ILITI1Rr CEMETERY S n t a=hl GEM ASSUMPTION °�, I hLIC �( I AKkIN - iv:.+mil koh Aw K -RATED dell- ARDS TYFVAP. 13j1, PARK(_ 101 .IGHTINC,I1YFICA&' a. " • .. 74y� \L DCKM AKcn3, TYP -� 1 4\ r s 140MENT r .l m (,LK — M T� M ei —PARK Sr4N { 'LiRti .%VLPOOL MECHANICA&,J � zA 17 New Hope, MN TOTAL PARKING: 198 STALLS r 1�� FUTURE PARKING: 12 STALLS Z 0 00 100ff Civic Center Park Master Plan TOTAL STREET PARKING: 11 STALLS November 2018 X��' StanteC IZL —--------- ,4.16 AA. 4 i II �F--� 'ASI I I i SCJ n ! ❑ J` - li --C Y F , Q I I Fxlrr�va I s` \4 ,�• J A --------------- v •A ` V I f , , �I V FIREHYDRANr mo a <`a — '`�_\I ` _ rl scz I >> o ourmsl°1y511averts _. 1' r— In La i []'IY IiN1 _ NHodc mnmx-rmm I o —� —rJ $¢ v i�----1-- 11 O Udrc } I—=——=—� I II v ___ IX 0 0 v Y I I _ __HYLANff e !s I I D6 11 IXHYOPMIf 2-1 ___ V I IXrnvc�xr IX HYDRANT ` a� - _ N a>� 0 W 107 =g cuw iomns e g` Zzl .'lot' Ala '_ - �� .A A ww i•>W"' �f �� ry I I i i t 411 tAPO Bit Z.1 fry or AL% i s -7A a 0 A 1- - ,. S. IM umb Xylon Street Lights HOLOPHANE GranVille II LED Height: 16 ft New Hope, MN Civic Center Park Lighting Lighted Bollards HYDREL 3100C LED Louvered Bollard Height: 3 ft Parking Lot Lighting Lithonia Lighting D -Series Size 2 LED Area Luminaire Height: 30 ft 1I Pedestrian Lighting Philips LUMEC UrbanScope Height: 12 ft November 2018 1 1. ` —I stalntec Current Ckan-rpl w/Vartc-A. SIOW and ra5t anshi I::ies Water WaIk Tot Play Area Basketball Hoops Shallow Water Play features ;I Outdoor Shower tnrers SRhallow Water _ \ creai Ition Pool f, ADA Stairs \ ConcessiOAS De c i1. Sun Turf ' {, 'Chaise,F Lounge Seating tr Currentk Channel' Alternate �r ... Vortex Pool and / Basketball Hoops t Alternate Waterl+Valk Slow and Fast Body Slides Tot Slide Zero Depth Edge I �` .J Pool Pool Schematic New Hope, MN "MUN Shade Structures 1 Conressjoris C-eck Floatable Water Play -- 1M & 3M L12virig Sozirds w/ Drc q 51izre Alternate �+ Climbing E--: Wall Deep Water Diving Well with 1M & 3M Diving Boards and Alternate Drop Slide ` Zero Depth Edge Cemetery Tot Slide Tot Ground Jets A Floatable Water Play 5044eter 8 -Lane Pool Climbing Wall -int r. Chaise Lounge Seating and Sun Turf Area i Stantec New Hope Civic Center Park Bathhouse NORTH' Floor Plan Star"c Scale: 1 /8" = V -a' 11 73!2018 New Hope Civic Center Park Bathhouse Starrtec West Elevation 11113/2018 New Hope Civic Center Park Bathhouse QV stamp South Elevation 11/13/2018 New Hope Civic Center Park Bathhouse East Elevation `Star*ec 11/13/2018 New Hope Civic Center Park Bathhouse nwc North Elevation 11/13/2018 14111w 111 IF, 11 i . d Aw iswum 1° 17 L y+ R z 7 ;l1 m New Hope Civic Center Park Bathhouse �tantec Perspective from Pool 11/13=18 ® A POOL MECHANICAL BUILDING PLAN 0 114 2'-■' S'4" K, w w 0 W z a q- 0 0 0 Z 0CL x S LU L 0 CL0 R 7 10. / �1¢ ■I� I ��OL1�►11/1"IIm1�)�)]1� 00 -00 _ l i R � 'I'■ tQultlo►, �• — ?10 1�. ,� \I!■l111�11111■II■III�II■�� i ® A POOL MECHANICAL BUILDING PLAN 0 114 2'-■' S'4" K, w w 0 W z a q- 0 0 0 Z 0CL x S LU L 0 CL0 R 7 �) - ■,� -. lowo � r pr 2 �- � New Nope C'nrte Center Park Mechanical Building 5W Elevation AL&V ra riaic �rs'c,`� rs a'ts4 ` Z`Strr4'r. r n - �-T �—_; ,'K.'1 '•'-]r i s� �_"�;'''1_"�r. 7. Y��'.�i�6 �=�� t a: `c --;"c `I `a NW Elevation New Hope Civic Center Park Mechanical Building (3 -Stanwc 11/06/2018 New Hope Theater PLAN Page 1 of 7 (:$Stantec OPTION 1 11/06/2018 New Hope Theater SIDE ELEVATION Page 2of7 S$an1Lc q - - \�- ~ Sk .. . k - , �� .� �_��_ _ � ■ ^ ; im � . T --Af O -,WA � . ..�. OPTION 1 11/06/2018 New Hope Theater Page 4 of 7 a Stdntec OPTION 1 11/06/2018 New Hope Theater Page 5 of 7 �TTMW M-7 �J OPTION 2 11/06/2018 New Hope Theater OPTIONAL FACE BRICK VENEER Page 6 of 7 (3 Stantec OPTION 2 11/06/2018 New Hope Theater OPTIONAL FACE BRICK VENEER Page 7 of 7 Stantet . s -- doom,.-- 7 � r I jr-,i 1 60 a .: - ALA I AA IW zrl, OVA r Vowpip- » loft a 4I r . P.469 �z.rt La M .74 4L J Y- P.P. i n Y I1 r.... E AM,W2— W---- - -- It _- r--%wM L J C �. 2 sow *41vL Iffy � `�' {� � SPI Y� Is F � jutA AF7T. lll;�Ijj IT 1, Moro or IL 4lw AFI--- 1� a NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Jeff Sargent FROM: Alan Brixius DATE: November 13, 2018 RE: City of New Hope — Civic Center Park FILE NO: 131.01 a 18.04 BACKGROUND The application is a site and building plan review for the Master plan for Civic Center Park and Park details. ISSUES ANALYSIS Zoning. The site is zoned "GPO" Governmental, Park and Open Space District. Public parks and municipal recreational facilities including swimming pools are permitted uses within this district. Lot Area/Setbacks. The GPO district has no minimum lot area, width, or setbacks. Park Master Plan The Civic Center Park Master Plan has gone through extensive discussion in laying out the intended uses within the park. The plan integrates the new facilities with existing facilities that are being retained. Pedestrian Access. The Master Plan provides an extensive sidewalk and trail system throughout the Park and City Hail area. In review of the trail system we offer the following comments. 1. The trail and sidewalk system is intended to have pedestrian lighting to provide illumination of the pedestrian ways. The New Hope ordinance establishes a minimum illumination standard of .5 foot candies for sidewalks. Does the number and spacing of pedestrian fixtures meet this standard? 2. There is a crosswalk between the fire station and City Hall. The crosswalk has a disability ramp at the fire station sidewalk. There is no sidewalk ramp or landing on the City Hall side of this crosswalk. Should a sidewalk be provided that connects the City Hall patio to the Xylon Avenue sidewalk? Parking The parking layout within the park provides convenient access and parking to each of the various areas and facilities within the park. The park plan shows 213 parking stalls. This number requires 7 disability stalls. The park plan shows 4 disability stalls at City Hall and 3 at the Pool Bathhouse meeting this standard. Building Design. Each of the park buildings and structures are constructed with brick, concrete block materials. The building elevations are attractive and comply with New Hope Design Guidelines. Theater. The new theater is located in proximity to Zealand Avenue and the single family homes to the west. The theater is designed as an amphitheater. The theater design is intended to direct performances to the audience sitting in a tiered manner. Control of noise volumes may be required for evening events and amplified music to reduce issues for the neighboring single family homes. City Pool. The City Pool will be located at current City Hall site. The City Pool offers a variety of water activities and facilities. In review of this facility we offer the following comments. 1. A fence detail shall be required illustrating the fence design, height, gate locations, gate latches, and emergency exits. 2. An 8 lane competition pool is proposed at the north end of the pool area. Will there be an audio system to announce the competition results? Future Hockey Rink/Skate Plaza The plan shows a future hockey rink and skate plaza at the north end of the park. Being winter sports, evening use of these facilities will be limited if they are not lighted. Any facility lighting in this area must be sensitive to the adjoining singe family homes to the north. 2 The hockey rink, skating plaza, and sledding hill are all located at the north end of the park. Will there be a warming house for these facilities? CONCLUSION The Master Plan for Civic Center park is designed to maximize the use of available land area, offering a broad variety of recreational facilities. The community feature greatly compliments the goals of the City Center Pianning district. The aforementioned comments do not require changes to the layout of Master Park Plan but raise issues that may be addressed in the physical design, operation methods of the facilities or perhaps the scheduling of events or activities. 3 WEST METRO FIRE -RESCUE DISTRICT November 14, 2018 Re: Preliminary Design Review for New Hope Civic Center Park West Metro Fire -Rescue conducted a preliminary design review for the above mentioned location. The following items that are listed below are either comments or requirements per West Metro Fire -Rescue Districts Policies, City Ordinances and the 2015 Minnesota Fire Code. and NFPA Standards: 1. Provide a full site plan to show where utility and hydrant(s) are located, verify if fire lanes are required, and proper access. 2. The bathhouse is over 6000 square feet. Per 1306 in the Minnesota Building Code Serving rbe Cilia of fire sprinkler system would be required. This building is over 2000 square feet. If •Canal the building is under 2000 square feet then it would not have to have a fire •A'ew Nope sprinkler system. We still need to know occupancy type. If an assembly (A) occupancy fire sprinklers will be required. If a fire sprinkler system is required it shall be monitored. 3. A fire alarm system may be required depending on occupancy type and occupant load. Neigbbors Serving Neigbbors 4251 Xylon Ave N. New Hope, MNT 55428 Voice 763.230.7000 Fax 763.230.7024 4. We will need to look at the occupancy load of the locker rooms. Is the locker rooms big enough for the size of the pool area? 5. Verify that there are enough exits in the pool area that is fenced in to get out in an emergency. 6. What type of appliances will be used in the concession kitchen areal Potentially a hood and fire protection system may be required depending on appliances. 7. Fire department lock box(s) would be required on the buildings. They can be ordered through the fire department. 8. Provide a plan of the Mechanical building for review. 4. Where is the theater located? Will there be a fence around the theater? lust verifying people will be able to egress properly from the theater if needed. If you have any questions or concerns feel free to contact me at (763) 230-7006. Sir�,erely, •.��J., Shelby Wolf Deputy Fire Marshal w-wwi westrttetrofirexorn Planning Case: Petitioner: Planning Request: I. Request PLANNING CASE REPORT City of New Hope Meeting Date: December 4, 2018 Report Date: November 27, 2018 18-29 City of New Hope Abatement Ordinance The current City Code does not give the city clear ability to proactively remove offending outdoor storage or vehicles from private properties. For this reason, staff is recommending approval of an ordinance that would accomplish this. The currently used Administrative Citation procedure allows the city to continually issue citations until a code enforcement offense is corrected. In the majority of cases, the issuances of citations is enough to get a property to comply. However, there have been several properties that have failed to comply with the City Code even after several months, and sometimes years, of receiving citations. The proposed ordinance would enable the city to act more quickly on ensuring that the offending property becomes compliant with the City Code. Details of the proposed ordinance are as follows: Abatement In the proposed ordinance, "Abatement" would be defined in the following manner: "Abatement means actions the city may take to correct or remove a violation of the City Code including, but not limited to, towing and impounding of motor vehicles or recreational vehicles which are inoperable, unlicensed, or parked in violation of the City Code, and removal of other public nuisances such as refuse, construction or landscaping materials, debris, waste and/or any other exterior storage which are in violation of the City Code." Procedure Generally, an offending property would receive an Administrative Notice notifying the property of the offense. The notice gives up to 10 days to correct the violation. If the violation is not corrected by the time specified on the notice, an Administrative Citation will be issued to the property owner. Each Administrative Citation gives an additional 10 days to correct the violation. If the violation isnot corrected after the second Administrative Citation is issued, the proposed ordinance would allow city staff to initiate the abatement process. If the violation pertains to a vehicle, the community development staff would follow the same procedures as the Police Department and would have the vehicle towed from the property. If the violation pertains to other qualifying types of outdoor storage, staff would hire a contractor to remove the offending outdoor storage from the property. All fees associated with the removal of vehicles and/or qualifying outdoor storage materials would be assessed to the property owner as dictated in the proposed ordinance. Planning Case Report 18-29 Page 1 12/4/18 Zoning Code The attached Abatement Ordinance amends various sections of the City Code in order to give the city the authority to abate nuisance materials, There are a couple amendments to the Zoning Code -(Chapter 4), which require a public hearing and Planning Commission review. Specifically, changes are proposed to areas defining exterior storage, passenger vehicles, recreational vehicles, and screening requirements. II. Recommendation The Codes and Standards Committee was in favor of the abatement ordinance when previously discussed. Staff recommends approval of the proposed ordinance. Attachments • Ordinance 18-25 Planning Case Report 18-29 Page 2 12/4/18 ORDINANCE NO. 18-25 AN ORDINANCE AMENDING NEW HOPE CITY CODE §§1-2,2-60,4-3(d), 9-11(a) - ABATEMENT OF PUBLIC NUISANCES AND OTHER CODE VIOLATIONS INCLUDING IMPOUNDING OF VEHICLES OR RECREATIONAL VEHICLES AS ALTERNATIVE ENFORCEMENT OPTION THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 1-2 "Definitions" of the New Hope City Code is hereby amended to add the underlined text as follows: Abatement means actions the city may take to correct or remove a violation of the Citv Code including, but not limited to, towingand nd impounding of motor vehicles or recreational vehicles which are inoperable unlicensed, or narked in violation of the City Code, and removal of other public nuisances such as refuse, construction or landscaping materials, debris, waste and/or any other exterior storage which are in violation of the City Code. Section 2. Section 2-60 "Administrative fines enforcement program" of the New Hope City Code is hereby amended to repeal the strikeouts and add the underlined text as follows: (b) Purpose. The city council finds that there is a need for alternative methods of enforcing this Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city -Geode violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties and/or actions by the city to abate the violations including towing and/or impoundment of vehicles or recreational vehicles is --a are legitimate and necessary alternative methods of enforcement. TheseTkis methods of enforcement areis, in addition to any other legal remedy that may be pursued for e-ity Ceode violations. (c) General provisions. u Abatement Procedures. A violation of any provision of the Code is an administrative offense that may be subiect to an abatement order whereby the city or city's agent corrects or removes the violation and charges the violator for such corrective action. (d) Administrative citation procedures. (2) Administrative citation. If the violator fails to correct the violation within the time period provided in the administrative notice, the city may issue an administrative citation. The city must issue the citation to the violator in person or by regular mail. In the case of a vehicular offense, the citation may be attached to the motor vehicle. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, the city's intention to abate the offense, if applicable, and the manner for paying the fine or appealing the citation. (3) Payment. The violator must either pay the scheduled fine or request a hearing within seven days after issuance of the citation. The fee to conduct a hearing is established by the city's fee schedule. Penalties for failure to correct the violation or late payment of the fine may be imposed as set forth in subsection (h)(4) of this section. The city may issue a second citation or take other legal action to achieve compliance with the ordinances including, but not limited to, abatement actions correcting or removing the violation. (h) Recovery of civil penalties and/or abatement actions.: (4) Late fees/charges. a. If after seven thirty days the fine has not been paid or a hearing requested, a late fee of 40 percent will be applied, the fHe witt i—rease by ten pereent ` - each seven days thereafter for- ,.ne nienth A ftef F „«„ eels and four tate fee ehe..gee have been added to the e figin .t f,~e, the total bill will be assessed to the property taxes and all city licenses will be revoked. For continued violations, the city will correct or abate the violation and assess the charges for doing so onto the property taxes and/or criminal charges may be filed. b. If the same property and property owner are charged with a subsequent violationUs within a 12 -month period for the same, or substantially similar offense, the initial fine will be increased by 100,N5 percent. After 4 « ,. in ., 12 ..,., ,...,th per-va the fine ..,:tt : ,. b5,50 peree~t and .,f+e,- a c „«th i fir ,.etion by 100 p ent Abatement of public nuisances or other Code violations. The city council has determined that the health, safety, good order, general welfare, and convenience of the public is threatened by certain public nuisances on property. It is declared to be the intention of the city council to correct or abate these nuisances or other Code violations, and this section is enacted for that purpose. This section shall apply to the abatement of all public nuisances or other Code violations as defined anywhere within this Code unless another procedure is specifically provided. u Periodic inspection. The city shall cause to be inspected all public and private places within the city which might contain a public nuisance or other Code violations as defined in this Code as often as practicable to determine whether any such conditions exist. The city shall also investigate all reports of public nuisances located within the city. Abatement order. Upon a determination by the city that a public nuisance or other Code violation exists on any public or private property within the city, the city shall order the public nuisance or other Code violations to be abated in a manner consistent with this Code. Procedure for removal of public nuisances and other Code violations. Whenever the city finds with reasonable certainty that a public nuisance or other Code violation exists on any public or private property in the City, the following procedure applies: a. Administrative notice Upon the first violation the city will issue an administrative notice to the violator specifying the nature of the nuisance or other Code violation that must be corrected. The city will deliver the administrative notice to the violator in person or by regular mail. The administrative notice shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures and that the cost of abatement will be assessed against the subject property. The violator will have seven calendar days to correct the violation after issuance of the administrative notice. If the violator is making a good faith attempt to remedy the violation the city may grant an extension, the length of which must be agreed upon in writing between the city and the violator. b. First administrative citation. If the violator fails to correct the violation within the time period provided in the administrative notice the city may issue a first administrative citation. The city must issue the citation to the violator in person or by regular mail In the case of a citation involving a vehicular offense, the citation shall be attached to the motor vehicle or recreational vehicle in addition to being delivered to the violator in person or by regular mail. The citation must state the date time and nature of the offense the amount of the scheduled fine and/or the city's intention to abate the offense, and the manner for paying the fine abating the offense and/or appealing the citation. The first administrative citation shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures and that the cost of abatement will be assessed against the subject property. The violator will have seven calendar days to correct the violation after issuance of the first administrative citation. c. Second administrative citation. If the violator fails to correct the violation within the time period provided in the first administrative citation, the city may issue a second administrative citation. The city must issue the citation to the violator in person or by regular mail The citation must state the date, time, and nature of the offense the amount of the scheduled fine and/or the city's intention to abate the offense and the manner for paying the fine, abating the offense and/or appealing the citation The violator will have seven calendar days to correct the violation after issuance of the second administrative citation. The second administrative citation shall also state that failure to abate the nuisance or request a hearing within the applicable time periods will result in summary abatement procedures and that the cost of abatement will be assessed against the subject property. Upon expiration of the time required by the second administrative citation the city may immediately abate the nuisance unless a request for a hearing has been timely filed. (44) Any property owner who feels aggrieved by an administrative notice or administrative citation of the city issued pursuant to this section may request a hearing pursuant to section 2-60(d)(3) and (e). Within 10 days after such hearing, the decision of the hearing officer shall be mailed to the parties. The hearing officer's order shall be accompanied by written findings of fact, conclusions of law and an order. An aggrieved party may obtain iudicial review of the decision of the hearing officer or the city council as provided in state law. A violator may also seek administrative review pursuant to section 2-60(g). The city shall take no action to abate any nuisance while the matter is still pending before the hearing officer. The recovery of civil penalties including assessment of a lien against the property apply to this section as set forth in section 2-60(h). The city shall keep a record of the costs of abatements performed under this section and shall report monthly to the city clerk or other appropriate city official all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. Interference prohibited. It is a misdemeanor for any person to prevent, delay or interfere with the city or their agents while they are engaged in the performance of duties set forth in this section. Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (k.) Removal and impoundment of vehicles or recreational vehicles from private property. Authority to impound vehicles. The police may remove and impound or have removed and impounded any vehicle or recreational vehicle from private property, in the event of a violation of section 4-3(d)(8) relating to inoperable and/or unlicensed vehicles or recreational vehicles or 4-3(e) off-street parking requirements. If, following issuance of citation and failure of owner to cure the violation or request a hearing as set forth in this section, the police may proceed with impounding the vehicle or recreational vehicle. Notice of and procedure for impounding. The city shall follow the provisions of section 6-3 and 6-4 of this Code when impounding any vehicle or recreational vehicle from private property. Impounded vehicles or recreational vehicles may be reclaimed subject to provisions of section 6-4(e). If the vehicle or recreational vehicle is not reclaimed within the time period set forth in section 64(e), a public sale may occur pursuant to the provisions of section 6-4(f) and subject to Minnesota Statute Chapter 168B. Fine or penalty. The payment of towing and storage charges shall not operate to relieve the owner or operator of any vehicle or recreational vehicle from liability for any fine or penalty for the violation of this or any other law or El provisions of this Code for which the said vehicle or recreational vehicle was removed and impounded. Section 3. Section 4-3(d) "Zoning — General Provisions — Performance Standards" is hereby amended to repeal the strikeouts and add the underlined text as follows: (1) Purpose. The performance standards established in this section are designed to encourage high quality development by providing assurance that neighboring land uses will be compatible. The performance standards also designed to prevent and eliminate those conditions that cause blight. Certain conditions as stated herein constitute a public nuisance and may be subject to administrative citation civil penalty, abatement order, and/or charge of a misdemeanor. All future development in the city shall be required to meet these standards. The standards shall also apply to existing development where so stated. The building official shall be responsible for enforcing these standards and may require the submission of information showing compliance or noncompliance with the standards. QRefiase (98)Exterior storage. The storage or accumulation of junk, refuse, and debris or items not intended for exterior use shall not be allowed. This includes but is not limited to appliances upholstered furniture waste fill garbage recvclables inoperable or unlicensed vehicles or recreational vehicles vehicle parts, fluids and accessories, hazardous waste, maintenance equipment, bagged yard waste, and yard waste piles consistingof f twigs branches or leaves not meeting the definition of a compost site as defined by section 1-2 of this Code. The storage of such items affects public peace and/or safety and constitutes a public nuisance which may be subject to administrative citation. civil nenaltv. abatement order, and/or charge of a misdemeanor. All materials and equipment, except as specifically authorized elsewhere in this Code shall be stored within a building or completely screened so as not to be visible from adjoining properties or public street right-of-way, except for the following: a. Clothesline pole and wires. b. Vehicles. All passenger vehicles including, but not limited to, cars, station wagons trucks motorized vehicles, trailers, campers that are licensed by the state and capable of movement under their own power. Such vehicles may not exceed a gross vehicle weight of 12,000 pounds (must have "A" through "P" sticker on license plate) in the R-1 R-2 R-3 R-4 R-5 and R -O districts. Vehicles incapable of 5 movement under their own power, partially dismantled used for repair or replacement parts or salvage of any kind or unlicensed may not be parked or stored outside for a period in excess of seven consecutive days. 1. Vehicles not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of seven consecutive days shall be removed from premises in the city. 2. In the R-1 R-2 R-3 R-4 R-5 and R -B zoning districts, the following commercial vehicles and equipment may be stored or parked in a building if said storage or parking does not utilize a minimum required parking space for the property per section 4-3(e)(10) of this Code and the vehicle or equipment is owned by a resident of the property. However, in no event may such vehicles and equipment be stored or parked outside as exterior storage in the R-1, R-2, R-3, R-4, R-5 and R -B zoning districts: i. Farm tractors and equipment. ii. Military vehicles including but not limited to, half-tracks, troop transports and tanks. iii. Semi -tractors or trailers. iv. Snow plow units detached from a truck or vehicle used to plow snow. v. Skid loaders. vi. Any commercial vehicles or trailers not defined as recreational vehicles with a registered or licensed gross vehicle weight greater than 12,000 pounds ("G" through "T" or "X" sticker on license plate be. Recreational equipment and vehicles. Recreational equipment and vehicles may be stored in the front, side, or rear yards except for that -recreational vehicles and equipment not licensed for or permitted to be operated on public streets such as boats, all terrain vehicles, off road vehicles, snowmobiles, golf carts, race cars and stock cars. Such vehicles must be stored or placed on or inside of a licensed trailer or licensed motor vehicle. Canoes, kayaks, and or -other small non -motorized boats not on trailers may be stored in the side or rear yard in the following manner: i. Hung off the ground on a garage or other accessory building or structure,; ii Stored on the ground if screened from view from any adjoining residential property and the public right-of-way in accordance with section 4- 3(d)(98)b.3.ii. of this Code,; iii. On residential lots abutting Meadow Lake or Northwood Lake, canoes, kayaks, and or other small boats may be stored or maintained on the ground at or within 20 feet of the shoreline of the lake provided that the three-foot side yard setback is maintained. 2. Front yard storage of recreational equipment or vehicles not otherwise prohibited from exterior storage in this section shall meet the following standards: i. Storage must be on bituminous, asphalt, or other hard surface material that is durable, weather resistant and suitable to control dust and drainage and at a minimum consists of two inches of rock or other rock -type material. Landscaped yard or grass areas are not suitable for storage. ii. ^ "Storage must be set back 15 feet from the street curb and storage shall not encroach on any sidewalk. iii. Storage is not permitted in a minimum required parking space per section 4-3(e)(10) of this Code. 3. Side and rear yard storage of recreational equipment or vehicles not otherwise prohibited from exterior storage in this section shall meet the following standards: i. Storage of all recreational equipment or vehicles shall maintain at least a three foot setback from the side or rear yard property lines except for canoes, kayaks, and other small boats stored at the shoreline of Meadow Lake and Northwood Lake as provided in section 4-3(d)(9)c4.1.iii. of this Code. ii. Storage must be partially but adequately screened to break up the visual appearance of the exterior storage from adjoining properties through landscaping or fencing. iii. Fences used for screening Purposes shall not e*eeed ei0t ` e.: wo' 41e_ erected in accordance with section 4-3(d)(3) of this Code. 4. No more than three recreational vehicles or equipment may be stored outside as exterior storage on a property. Any recreational equipment or vehicles stored on a property in excess of three must be stored in a building. One or more recreational vehicles stored on a trailer shall constitute one vehicle for the purpose of this section. de. Construction and landscaping material currently being used on -for an active proiect on the premises. nrql ... (4-82) Radiation and electrical emissions. Section 4. Section 9-11(a) "Waste storage", is hereby amended to add the underlined text as follows: (1) Accumulation of waste prohibited. All exterior property and premises shall be kept free from any accumulation of waste. Section 5. Effective Date. This Ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 13th day of November, 2018. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the day of , 2018.) 0 IN (4-82) Radiation and electrical emissions. Section 4. Section 9-11(a) "Waste storage", is hereby amended to add the underlined text as follows: (1) Accumulation of waste prohibited. All exterior property and premises shall be kept free from any accumulation of waste. Section 5. Effective Date. This Ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 13th day of November, 2018. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the day of , 2018.) 0 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES October 2, 2018 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Schmidt called the meeting to order at 7:00 p.m. ROLL CALL Present: Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Bill Smith Absent: Scott Clark, Michael Redden Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant, Jessi Weber, Recording Secretary CONSENT BUSINESS None PUBLIC HEARING Chair Schmidt introduced Item 4.1, Conditional Use Permit (CUP) for PIanning Case 18-23 expansion of church building to accommodate space needed for Item 4.1 education wing located at 4240 Gettysburg Avenue N, Holy Trinity Lutheran Church, petitioner. Mr. Aaron Chirpich, Community Development Specialist, gave background on the case. Holy Trinity Lutheran Church currently operates a kindergarten through 8th grade private school and daycare center. The church desires to expand their current facility in order to meet the needs of their growing school. The submitted plan would expand the school by approximately 11,123 square feet through a second floor addition and 1,140 square feet from an expansion of the main floor entryway. The expansion would provide just over 12,000 additional square feet to the building. Chirpich went through the zoning analysis. All building setbacks are compliant with city requirements. The applicant has submitted an estimated maximum enrollment capacity of 214 students and 27 staff. Using the city's parking standards, based on the number of students and staff, the required parking count is 62 parking stalls. The site plan provides 65 parking stalls. All stall lengths must meet the city's minimum dimensions requirements. The site plan also shows a proof - of -parking lot south of the building, which is compliant with city requirements. This lot will only be required if the current on-site parking is insufficient to meet future parking demands. There are two existing curb cuts and one new proposed curb cut for access to the site. The southern -most curb cut would serve as a one-way drive aisle for dropping off at the church. The middle curb cut is existing and would be used in conjunction with the proposed new curb cut to the north to allow for busses and delivery trucks to navigate the parking lot. Portions of bituminous parking areas will be removed to accommodate construction activities, which will not trigger a review of plans by the watershed district. There will be new concrete curbing installed where pavement is disrupted. Mechanical equipment has not been identified and must be shown on plans to meet city code. Plans show the building elevations to meet the maximum height in the R-1 District of 32 feet. The proposed building design and materials meet the city's guidelines. The submitted photometric lighting plan for outdoor lighting is acceptable with city zoning standards. Staff has recommended enclosing the play area with a fence, which is shown to be a 4 -foot tall chain link fence. The site plan must show the location of existing and proposed new fences. Chirpich concluded that proper legal notice, land use signs, and mailing notice were given. Staff did not receive any questions on the proposal. Staff recommends approval of the site plan review with the conditions outlined in the report. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, no one did. The applicant approached the podium and introduced himself as Ryan Rush, principal for Holy Trinity School. Mr. Rush introduced Melissa Hansen, Director of Childcare; Torn Wors, Architect; Tom Risolski, Pastor. Rush thanked the Commission for hearing the case and gave background on why they are expanding. Commissioner Brinkman asked Mr. Rush if there would be two staircases to access the second floor. The applicant replied the first is located by the new entranceway and the second is on the other side of building. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wanted to address the commission. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the public hearing. All present voted in favor. Motion carried. Commissioner Brinkman asked what the completion date was for the project. Mr. Rush verified the anticipated completion was by September 2019. The school years would not be adjusted to accommodate this timeline. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 4.1 to approve Planning Case 18-23, Conditional Use Permit (CUP) for expansion of church building to accommodate space needed for education wing located at 4240 Gettysburg Avenue N, Holy Trinity Lutheran Church, petitioner, with the following conditions: 2 Planning Commission Meeting September 4, 2018 1. The church will construct the proof -of -parking area at the directive of the city if the on-site parking proves to be insufficient to accommodate the site's demand. The proof -of - parking area shall be constructed in accordance with the city performance standards that are in place at the time of parking lot construction. 2. The site plan shall be amended to illustrate the locations of existing and proposed fences. The new fence shall enclose the play area from surrounding streets and properties. 3. Any new rooftop or ground mounted mechanical equipment shall be identified and meet all applicable screening requirements. Voting in favor. Brinkman, Mannix, Hanson, Schmidt, Landy, Smith Voting against: None Absent: Clark, Redden Motion approved 6-0 Chair Schmidt stated the case will move forward to the October 22, 2018 City Council meeting. COMMITTEE REPORTS At this time, a meeting is not anticipated. If there should be a meeting, it Design and Review would be scheduled for October 18, 2018. Staff will update committee. Committee Item 5.1 Codes and Standards There is a meeting scheduled for October 17, 2018 at 5:30 pm. Committee Commissioner Landy will be filling in for the vacant spot. Item 5.2 NEW BUSINESS None OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Mannix, to Approval of Minutes approve the Planning Commission minutes of September 4, 2018, Item 7.1 ' Motion carried. ANNOUNCEMENTS Mr. Sargent explained there is a vacancy on the Planning Commission and applications are being accepted. City Council will review applications and appoint the new commissioner. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:18 p.m. Respectfully submitted, juW t -� Jessi Weber, Recording Secretary 3 Planning Commission Meeting September 4, 2018