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010219 Planning0 �9:r 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Wednesday, January 2, 2019 7:00 p.m. 4. PUBLIC HEARING 4.1 PC 18-30, variance to subdivide a parcel in the R-2 Single, and Two-family Residential District that currently contains a twinhome located at 3575 Independence Avenue North, Patricia Slatosky, petitioner 4.2 PC 18-06, 18-07, 18-08, 18-09, 18-10, text amendments to Sections 4-2, 4-3, 4-15, 4- 16, 4-20, and 9-11 of the New Hope City Code in relation to open outdoor storage, semi -truck parking, mechanical/rooftop equipment, trash enclosures at multiple - family properties, and landscaping requirements, city of New Hope, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee — next meeting January 17, 2019 5.2 Codes and Standards Committee — next meeting 6. NEW BUSINESS 7. OLD BUSINESS 7.1 Approve December 4, 2018, Planning Commission minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting Planning Case: Petitioner: PLANNING CASE REPORT City of New Hope Meeting Date: January 2, 2019 Report Date: December 28, 2018 18-30 Patricia Slatosky Address: 3575 Independence Avenue North Project Name: Independence Avenue Twinhome Subdivision Project Description: The applicant wishes to subdivide a parcel located in the R-2 Single, and Two-family Residential District that currently contains a twinhome. The subdivision would facilitate the independent sale of each unit. Planning Request: To complete the minor subdivision, the applicant is requesting variances to allow for reduced lot areas for both parcels. I. Type of Planning Request A. Variance B. Minor Subdivision li. Zoning Code References Section 4-36 Administration — Variance Chapter 13 — Subdivision and Platting III. Property Specifications Zoning: R-2 Single, and Two-family Residential Location: 3575 Independence Avenue North Adjacent Land Uses: R-2 Single, and Two -Family Residential to the north, and south. Highway 169 to the west, and R -B Residential Business to the east. Site Area: 0.22 acres or 9,668 sq/ft Planning District: Planning District 14. The Comprehensive plan directs the city to pursue efforts that promote housing maintenance and renovation of the medium density residential properties located in the district. Planning Case Report 18-30 Page 1 12/28/18 IV. Background The applicant currently owns both units of the twinhome located at 3575 Independence Avenue North, The property was originally platted as two separate lots, one for each unit. Shortly after purchasing the property, the applicant combined the parcels into a single lot for tax reasons. The applicant originally resided in one unit while renting the other unit. The applicant has since moved out of the twinhome, and both units are currently occupied by renters. The applicant now wishes to split the single base lot back into two unit lots to allow for the separate sale of each dwelling unit. The proposed subdivision will replicate the original lot configuration that was platted at the time of the twinhome construction. To accommodate the requested subdivision, the applicant is requesting a variance for reduced lot area for both parcels. If the variance is granted, the lot can be split through the minor subdivision process which requires administrative review and approval. V. Zoning Analysis 1. Lot Area - - - -------- Required Minimum Proposed Compliant South Parcel — Lot 13 6,000 sq. ft. 4,958 sq. ft. No North Parcel - Lot 14 6,000 sq. ft. 4,808 sq. ft. No 2. Lot Width 3. Setbacks South Parcel — Lot 13 Required Minimum Proposed Compliant South Parcel — Lot 13 37.5 feet 37.5 feet Yes North Parcel — Lot 14 37.5 feet 37.5 feet Yes 3. Setbacks South Parcel — Lot 13 Required Minimum Proposed Compliant Front Yard 25 feet 30 feet Yes Rear Yard 25 feet 62 feet Yes Side Yard 10/5 feet 13.5 feet Yes North Parcel — Lot 14 Required Minimum Proposed Compliant Front Yard 25 feet 30 feet Yes Rear Yard 25 feet 58 feet Yes Side Yard 10/5 feet 13.5 feet Yes Planning Case Report 18-30 Page 2 12/28/18 4. Zoning Code Criteria 1. Variance (lot area reduction) The purpose of a variance is to permit relief from the strict application of the terms of the zoning code. Variances may be granted when they are in harmony with the general purpose and intent of the zoning code, they are consistent with the comprehensive plan, and the applicant for the variance establishes that there are practical difficulties in complying with the city's zoning code. An application for a variance requires a public hearing. Practical difficulties. As used in connection with granting an application for a variance, practical difficulties means as follows: (a) The property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code. Findings. The existing twinhome is a permitted use within the R-2 zoning district. The requested variance and lot split reestablishes the original unit lots in a manner that is consistent with the balance of twinhomes within the Highland 2nd Addition subdivision. (b) The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner. Findings. The need for variance was created by the property owner through the combination of the two unit lots. However, it appears that the current R-2 District unit lot size may have been increased in the 2006 zoning update, making the unit lots legally nonconforming. (c) The variance will not alter the essential character of the locality or permit a use not allowed within the respective zoning district. Findings. The proposed variance and lot split will result in unit lots similar to the other unit lots in the same subdivision. The subdivision and variance will not physically change the twinhome and will not change the charter of the surrounding neighborhood. (d) The variance will not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety. Planning Case Report 18-30 Page 3 12/28/18 Findings. The twinhome will not be altered or expanded as a result of the variance and lot split. As a result, the variance will not present issues associated with increased traffic congestion, fire, or public safety. 2. Subdivision and Platting It is the purpose of this chapter to make certain regulations and requirements for the subdivision and platting of land within the city pursuant to the authority contained in Minn. Stat. 462.358, which regulations the City council deems necessary for the health, safety, and general welfare of this community. It is also the purpose of this chapter to safeguard the best interests of the city and to assist the subdivider in harmonizing their interests with those of the city at large. Findings. The applicant has submitted the necessary documentation to complete a minor subdivision of the property. The subdivision can be achieved through an administrative approval process. However, the physical subdivision cannot be processed without approval of the requested variance. If the variance is granted, staff will complete the administrative lot split by filling the necessary paperwork with Hennepin County. VI. Design and Review Committee The Design and Review Committee reviewed the case on December 13th. The committee was in favor of the proposed variance. VII. Approval a. Type of Approval Variance — quasi judicial b. Timeline 1. Date Application Received: December 7th, 2018 2. End of 60 -Day Decision Period: February 5th, 2019 3. End of 120 -Day Decision Period: April 6th, 2019 VIII. Notification Property owners within 500 feet of parcel were notified by mail, a land use application sign was placed on the property, and a legal notice was published in the SunPost newspaper. IX. Summary The requested variance and lot split reestablishes the original unit lots in a manner that is consistent with the balance of twinhomes within the Highland 2nd Addition subdivision. Additionally, the proposal provides an opportunity to promote home ownership within the R-2 District, as granting the variance will allow for the individual sale of each twinhome unit. Planning Case Report 18-30 Page 4 12/28/18 X. Recommendation Based on review of the application, staff recommends approval of the variances for reduced lot areas, with the following conditions: 1. The lot areas depicted on the survey submitted by the applicant are approved. 2. The New Hope Building Official shall inspect the twinhome to demonstrate that the current party wall between the twinhome units has no openings, or doorway connections. Attachments: Planning consultant memorandum Application Survey Planning Case Report 18-30 Page 5 12/28/18 NORTHWEST ASSOCIATED CONSULTANTS. INC. 4150 Olson Memorial Fighway, S'ie. 320, Golden Vaiiey, MN bS427 tT` Telephone: 7;53.957.1100 Website: www.nacpis _nwng.coiii PLANNING REPORT TO: Jeff Sargent FROM: Alan Brixius DATE: December 11, 2018 RE: City of New Hope — 3575 Independence Avenue — Twinhome lot split and lot area variance FILE NO: 131.01 — 18.07 BACKGROUND David and Patricia Slatosky own both units of a twinhome at 3575 Independence Avenue North in New Hope. This property was originally platted as two unit lots (Lots 13, 14 Block 1 Highlands 2nd Addition). For tax reasons, the Slatoskys' combined the two lots into a single lot. The property owner now wishes to split the single base lot back into two unit lots to allow for the separate sale of each of the dwelling units. The proposed subdivision will replicate the original subdivision. To accommodate the subdivision recreating two lots the applicant is pursuing the following development applications: 1. Variance from lot area 2. Administrative subdivision approval ISSUES ANALYSIS Zoning. The site is zoned R-2 Single and Two -Family Residential District. Within the R-2 District, twinhomes are permitted uses. The following table illustrates the proposed subdivision against the R-2 District lot area, width and setback standards for twinhome unit lots. R-2 Lot Standards Twinhome Unit Lots District Required Lot 13 Lot 14 Compliant Lot Area per Unit 6,000 square feet 4,958 square feet 4,808 square feet No Lot Width per Unit* Setbacks i 37.5 feet 37.5 feet 37.5 feet Yes Front Yard 25 feet 30 feet 30 feet Yes Rear Yard 25 feet 62 feet 58 feet Yes Side Yard** 10 feet 15 feet 13.5 feet 13.5 feet Yes * Lot width is measured at the front yard setback Side yard setback not a party wall i The aforementioned table indicates that the unit lots do not meet the current R2 unit lot area. The twinhome lots comply with all other R-2 District standards. Variance. Section 4-36 of the New Hope Zoning Code outlines the following provisions to be considered in evaluating a variance. 1. That the property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code; Comment: The existing twinhome is a permitted use within the R-2 zoning district. The requested variance and lot split re-establishes the original unit lots in a manner that is consistent with the balance of the Highland 2nd Addition subdivision. 2. The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner; Comment: The need for variance was created by the property owner through the combination of the two unit lots. However, it appears that the current R-2 District unit lot size may have been increased in the 2006 zoning update, making the unit lots legally nonconforming. The resubdivision of this base lot is consistent with the unit lots size surrounding the site. 3. The variance will not alter the essential character of the locality or permit a use not allowed.within the respective zoning district; Comment. The proposed variance and lot split will result in unit lots similar to the other unit lots in the same subdivision. The subdivision and variance will not physically change the twinhome and will not change the character of the surrounding neighborhood. 'I►: 4. The variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety; Comment. The twinhome will not be altered or expanded as a result of the variance and lot split. As a result, the variance will not present issues associated with increased traffic congestion, fire, or public safety. 5. Practical difficulties may include but shall not be limited to the following: a. A physical condition unique to the property that results in practical difficulties when using the parcel or lot within the strict application of the terms of this Code. Physical conditions causing practical difficulties may include lot shape, narrowness, shallowness, slope, or topographic or similar conditions unique to the parcel or lot. Comment. The Highland 2"" Addition was final platted in the late 9970's. The twinhome was constructed in 9980. This subdivision created the twinhome lots smaller than the current R-2 District standards. The existing lot area presents unique physical conditions, a practical difficulty in allowing the resubdivision of this lot. b. Practical difficulties may also include inadequate access to direct sunlight for solar energy systems. Comment. This provision is not applicable for this variance request. c. Economic conditions alone shall not constitute a practical difficulty if a reasonable use of the property exists under the terms of this Code. Comment: The requested variance is solely due to economic conditions. d. A practical difficulty shall not be unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district. Comment. This is a truly unique request, which establishes an original plat unit lot configuration. In that respect, we do not anticipate similar variances. However, if a similar request is made, it would be evaluated in its individual merit through the same variance process. Comprehensive Plan In review of the variance request against the goals and policies of the New Hope Comprehensive Plan, we find that the requested variance and lot split is consistent with the following Comp Plan objectives: 1. Promote a variety of housing types, styles and choices to meet the City's changing demographic need. 3 2. Promote owner occupancy. 3. Provide a variety of housing options affordable to a broad range of household incomes. CONCLUSION In review of the requested lot area variance and lot split, we find that the request meets the criteria for variance consideration and is consistent with the New Hope Comprehensive Plan. We recommend approval of the variance request and lot split with the following conditions: 1. The applicant schedule an appointment with the New Hope Building Inspector to inspect the twinhome to demonstrate that the current party wall between the twinhome units has no openings, or doorway connections. 2. The applicant provide a maintenance agreement for review by the city that addresses the long-term maintenance of the shared party wall, exterior building maintenance to insure both units maintain a uniform architectural appearance and condition.. 3. That both unit lots are members of the larger Highland 2111, Addition Homeowners Association, HOA. 4 C"ITIPLANNING APPUCATKW TO PLMNING COM-M1SSIOK Aids CITY COUNCIL City of New Hope, 4401 Xyton Avenue North, New Hope, MN 55428 s _ Basic Fee Deposit Land Use Petition Cased V� Signs(S) Planning Deadline Receipt Received by Name of Applicant: Patricia A Slatoskcy Phone: 612-423-1771 Applicant Address 4260 Lakeland Avenue North, Robbinsdale, Mica 55422 Street Location of Properly: 3575 Independence Avenue North p1p.19-118-21-22-0143 Legal Description of Property: Block 1, New Hope Highlands 2nd Addition OWNER OF RECORD: Name: David R and Patricia A Slatosky 'Address: 4260 Lakeland Avenue tdorth, Robbinsdale, MH 55422 David's Cell Patti's Cell 6.j ,3M—m, 612-598-6969 612-423-1771 Fa;: Applicant`s nature of Legal or Equitable Interest: Owner Type of Request: (pertaining to what section oY City Code) j Variance Please outline DewApiion of Request: (use additional pages if necessary) i sary) n : Divide propeqy back into two individual propertiesretuming to the original twin home plan n and ma!dng them identical to all surrounding houses on that block Why Should Request to Granted: So that properties can be sold to two individuals for homeownership instead of remainining one larger property that will need to be sold to a single investor and remain as rental units Y ;; (attach narrative to application form 9 necessary) s' G'XC—D6V PLANNINGIMI5C ITEMSOamin® aplfca w.doe (01,13 Applicant acknowledges that before this request can be considered and/or approved,. all fees, including the basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city. There are three city consultants — legal, planning, and engineering - that generate additional expenses. Expenses incurred that exceed the amount of the zoning deposit will be milled and are the responsibility of the applicant_ The city hereby notifies the applicant that state law requires that the development review be completed within 60 days from the city's acceptance of this application. If the development review cannot be completed within 60 da',►s, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state law. Development review shall be completed within 720 days unless additional review mdensions are approved by the �iicant in writing. The Community Development Department will notify you of all meetings. / \ ---, Signed: Fee Owner (print or type David R Slatosky Patricia A Slatosky Applicant Other than Owner (print or type) Evidence of Ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting: Date of Planning Commission Meeting: By Planning Commission on: By City Council on: Subject to the following conditions: ;:Ort Cry gs Yes No Required Yes NO Required Yes Mo Required Yes No Required Approved: Denied: Approved: Denied: - Laca /iuK Irrd���da.vc� ke. N, , /VO'w NSE / of /J /IlL f"/r�l�/�.tts�s ��s� Ao(ali r�io•t //d/°3d 'us plt/ 4 7 v �7 8> x•° h r �3g r-, 0 o .-. 44. y m. � �UHS��✓ N ���y�Iud� N I a � 13 LA o Hansen T P I�lie`n, Inc Consulting Engineers — land Surveyors — Site Planners 12300 West 78th St., Eden Prairie, Mn. 55344 941-5300 13907 Srxing Lake Rd„ Minnetonka- Mn. 55343 938-5678 1 hereby certify that this survey, prepared by me or under my direct super- vision, is a true and correct repn;sentation of the boundaries of the above 1 described land and of the location of all buildings, if any thereon, and all visible encroachments, if any, from or do said land and that I am a duly registered land surveyor under State of Minnesota Statutes Section 326.02 to 326.16. Job No- g PLANNING CASE REPORT City of New Hope Meeting Date: January 2, 2019 Report Date: December 28, 2018 Planning Cases: 18-06,18-07,18-08,18-09,18-10 Petitioner: City of New Hope Planning Request: Open Outdoor Storage, Semi -Truck Parking, Mechanical/Rooftop Equipment, Trash Enclosures at Multiple -Family Properties, and Landscaping Regulations I. Request At the November 8, 2017, Codes and Standards meeting, the Codes and Standards Committee discussed and supported development of a Property Maintenance Reference Guide. The Property Maintenance Reference Guide is intended to accomplish the following: • Summarize minimum requirements and standards for premises, structures, equipment, and facilities. • Establish and uphold standards for public health, safety, welfare, and basic livability. • Encourage the maintenance of buildings and homes in an effort to preserve and enhance community value. • Create a centralized document that addresses all property maintenance issues in "layman's terms." In conjunction with the development of the Property Maintenance Reference Guide, staff reviewed all areas the City Code related to applicable regulations and standards. As a result, staff is proposing several text amendments to the City Code. Some are significant policy changes, while others are minor changes necessary prior to publishing the Property Maintenance Reference Guide. At the May 9, 2018, and lune 19, 2018, Codes and Standards meetings, the Codes and Standards Committee reviewed each of the proposed text amendments and made several recommendations. Any text amendments to the zoning code (Chapter 4) will be presented to the Planning Commission, as a public hearing is required. Text amendments not related to the zoning code will be presented directly to the City Council. Due to the large number of proposed text amendments, several have been grouped together and will be presented at the next two to three Planning Commission meetings. One public hearing will be conducted per meeting, for the entire grouping. The first grouping to be considered includes amendments related to open outdoor storage, semi -truck parking, mechanical/rooftop equipment, trash enclosures at multiple -family properties, and landscaping regulations. Open Outdoor Storage (Planning Case 18-06, Ordinance 18-08) Open outdoor storage is allowed in the Limited Business (LB) and Community Business (CB) zoning districts as a conditional use. The maximum coverage percentage allowed in the Limited Business (LB) district is 30% of the gross floor area of the principal use. In the Industrial zoning district, open outdoor storage is a permitted use when it does not exceed 20% of the gross floor area of principal structure. It Planning Case Reports 18-06, 18-07, 18-08, 18-09, 18-10 Page 1 12/28/18 is a conditional use when it exceeds 20% of the gross floor area of principal structure. There is no maximum coverage percentage in the Industrial district. The proposed text amendments relating to open outdoor storage include the following: Expanding the definition of open outdoor storage to include recreational vehicles and permitting such vehicles to be stored in screened areas in commercial/industrial districts that allow for open outdoor storage. 2. Defining a maximum open outdoor storage coverage percentage of 30% of the gross floor area of the principal use in the CB district, matching the maximum coverage percentage allowed in the LB district. There are no proposed changes relating to maximum coverage areas for open outdoor storage in the Industrial district. 3. Combining language from the LB, CB, and Industrial districts relating to open outdoor storage to make requirements consistent across each district. With the exception of the maximum space requirements, language and performance standards within the City Code are made consistent within each of the three districts that allow for open outdoor storage. This includes setback, surfacing, fencing, screening/landscaping, required parking, hazardous material storage, refuse and upkeep, and lighting requirements. 4. Changing several references to "outdoor storage" throughout the City Code to "open outdoor storage" in order to match how the use is defined within Section 4-2 (Rules and Definitions) of the City Code. The Codes and Standards Committee discussed and was opposed to allowing open outdoor storage in areas other than the CB, LB, and Industrial districts as well as defining a maximum coverage percentage for the open outdoor storage conditional use in the Industrial district. Semi -Truck Parking (Planning Case 18-07, Ordinance 18-09) The City Code does not define semi -trucks or specifically address the parking of such vehicles. The proposed text amendments relating to the parking of semi -trucks include the following: 1. Defining trucks that are longer than 21 feet as semi -trucks and distinguishing semi -truck parking from trailer storage. 2. Amending the Industrial zoning district purpose statement to specify noncompatible uses, due to noise, smoke, odor, low pedestrian vehicle traffic volumes, and high semi -truck traffic volumes. 3. Limiting semi -truck parking to the industrial zoning district as an accessory use to the principal use, establishing dimensional parking standards utilizing a MnDOT template, referencing existing construction standards for parking areas denoted within the City Code, and specifying locational, setback, and screening requirements. Semi -trucks would not be allowed in the front yard or side yard abutting a street and would need to maintain a 40 -foot setback from any residential zoned property and a three-foot setback from side and rear lot lines. Semi -trucks would not be allowed to occupy required automobile parking stalls and could not interfere with on-site traffic circulation patterns. Planning Case Reports 18-06,18-07,18-08,18-09,18-10 Page 2 12/28/18 Mechanical_ and Rooftop Equipment (Planning Case „18-05 Ordinance 1840) Section 4-3(b)(5)c.2. of the City Code addresses mechanical and rooftop equipment, stating, "all rooftop and ground mounted mechanical equipment shall be buffered so as to mitigate noise in compliance with chapter 9 of the City Code." Section 4-3(b)(6)g. of the City Code specifically addresses air conditioning units and was amended in 2017 so as to not require the screening of such units. The proposed text amendment clarifies that ground mounted mechanical screening requirements in Section 4-3(b)(5)c.2. of the City Code do not apply to air conditioning cooling structures or condensers, citing the appropriate section of the City Code. The proposed text amendment also clarifies language related to rooftop mechanical height maximums, stating that such equipment cannot exceed the allowable building height standards for the applicable zoning district by more than 15 feet. Multiple -Family Trash Enclosures (Planning Case 18-09, Ordinance 18-11) Trash enclosure standards for industrial, commercial, and institutional uses are addressed in Section 4- 3(b)(6)i. of the City Code. The city requires enclosures for multiple -family uses; however, the use is not listed within that section of the City Code. The proposed text amendment adds multiple -family to the list of uses that must adhere to trash enclosure standards specified in Section 4-3(b)(6)i. of the City Code. Section 9-11(a)(5) of the City Code addresses the screening of trash containers for single-family homes and mentions industrial, commercial, multiple -family, and institutional uses. The proposed text amendment eliminates general language related to screening requirements for such uses and refers to Section 4-3(b)(6)i. of the City Code. Section 9-11(a)(6) of the City Code states that the City Council may designate a two-week period in both spring and fall during which large quantities of bulky material may be placed on the curbside for the purpose of facilitating seasonal cleanup of residential properties. The City Council has not considered such a resolution in the past; thus, the proposed text amendment allows the city manager to approve such designations without formal approval. Landscaping (Planning Case 18-10, Ordinance 18-12) Landscaping requirements are specified in Section 4-3(d)(4)a. (Required landscaping — General residential) and Section 4-3(d)(4)b.4. (Design) of the City Code. The proposed text amendment aligns ground cover landscaping requirements in both of these sections, expands areas not required to be landscaped to include open outdoor storage, and eliminates duplication within Section 4-3(d)(4)b.4. on areas that must be landscaped. II. Recommendation The Codes and Standards Committee was in favor of the text amendments related to open outdoor storage, semi -truck parking, mechanical/rooftop equipment, trash enclosures at multiple -family properties, and landscaping regulations. Staff recommends approval of the proposed text amendments. Attachments i Ordinances 18-08, 18-09, 18-10, 18-11, 18-12 Planning Case Reports 18-06,18-07,18-08,18-09,18-10 Page 3 12/28/18 ORDINANCE NO. 18-08 AN ORDINANCE AMENDING SECTIONS 4-2,4-15,4-16 AND 4-20 OF THE NEW HOPE CITY CODE RELATED TO OPEN OUTDOOR STORAGE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2, Zoning — Rules and definitions is hereby amended to repeal the stricken text and add the underlined text as follows: (b) Definitions. The following words and terms, wherever they occur in this zoning code, shall be interpreted as follows: Open outdoor storage means any open land used or occupied for the purpose of outdoor storage of material, recreational vehicles and equipment, product semitrailers, accessory to the principal use of the property. Open Ooutdoor storage shall not include the temporary parking of licensed and operable motor vehicles in designated parking stalls, or vehicles being serviced in designated lea -di P& eryick. areas. Section 2. Section 4-15, LB, limited business district is hereby amended to repeal the stricken text and add the underlined text as follows: (e) Conditional uses, LB. The following are conditional uses in an LB district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33 and the performance standards set forth in section 4-3 of this Code): (2) Open afi6 outdoor storage. As an accessory use provided that: a. Maximum mace. Open outdoor OtAside storage arear connected with the principal use is are limited to 30 percent of the gross floor area of the principal use. b. Setbacks. QVcn outdoor storage areas are not located within any front vard or side yard abutting a ublic rit-of-wa .Oen outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utilijy or drainage easement. dc. Sur acro . Open outdoor &storage areas mare bl. ek4 piled ^Fee,..eFey surfaced with concrete or bituminous. d. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3 d 3 c of this Code. be. Screening/landscaping.—The Open outdoor storage areas is are landscaped, fenced, and screened from view of ��stfiets-adjoining properties and public rights-of-way in accordance with the provisions of subsection 4- (d)(3) of this Code. £ Required parking. The Open outdoor storage areas does not take w pa1dag spaee utilize any re uired off- street 12arking, loading areas or access space, as required by subsections 4-3(e) and 4-3(fl of this Code. Z. Hazardous materials. Qpen outdoor storage areas are not used for storage of hazardous liquids, solidsgases or wastes. IL. Refuse and upkeep_Open outdoor storage areas are kept free of refuse, trash debris, weeds, and waste fill. ei. Li All lighting his hooded and so directed that the light source shel-1-is note visible from the public right-of-way or from neighboring residences. Section 3. Section 4-16, CB, community business district is hereby amended to repeal the stricken text and add the underlined text as follows: (e) Conditional uses, CB. The following are conditional uses in a CB district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33 and performance standards outlined in section 4-3 of this Code) (9) Open storage? eeessery. Open ea -outdoor storage is an accessory use under a conditional use permit provided that: a. Maximums ace. Qpen outdoor storage areas connected with the rinci al use are limited to 30 ercent of the -gross floor area of therinci al use. b. Setbacks. Open outdoor story a areas are not located within any front vard or side vard abutting a vublic right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. bc. Surfacing. Open outdoor &storage areas mare surfaced with concrete or bituminous. d. Fencit . A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3 d 3 c of this Code. $e. Screening/landscaping. Open outdoor storage area are landscaped fenced, and screened from view of adjoining ro erties and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. s_f. Required Pparking. t„ this Gede. Oen outdoor storage areas do not utilize any re uired off-street parking, loading areas or access space, as required by subsections 4-3(e,) and 4.3(f) of this Code. g_ Hazardous materials. Open outdoor storage areas are not used for storage of hazardous liquids, solids ases or wastes. h. Refige and upkeep. Open outdoor storage areas are kept free of refuse trash debris, weeds, and waste fill. i. Lighting All lighijag lightingis hooded and so directed that the ligLt source is not visible from the public right-of-way or from neighboring residences. Section 4. Section 4-20, I, industrial district is hereby amended to repeal the stricken text and add the underlined text as follows: N (c) Permitted accessory uses. The following are permitted accessory uses in an I district: (8) Open outdoor storage. Open outdoor storage as a permitted accessory use provided that: a. Accessory use. The--Oepen outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a pernlitted or conditional principal use on the site. b. Maximum space. T4wgepen outdoor storage areas connected with the principal use are limited to ed -20 percent of the gross floor area of principal structure. c. Setbacks. The open outdoor storage area ' not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas shag be -are set back five feet from all side and rear lot lines and snot le -located within a utility or drainage casement. d. Surfacing. The-eOpen outdoor torage areas mare surfaced with concrete or bituminous. e. Fencing. A wire weave/chain link security fence is erected shall be required around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. f. Screening/landscaping. The-e0^pen outdoor storage areas are shall be seFemed and -landscaped, fenced, and screened from view of 0jacent residential properties from adliaeent residential tises and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. g. Required parking�aee. �pepen outdoor storage area not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. h. Hazardous materials. The open outdoor storage areas mare not be -used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. L Refuse and upkeep. Depen outdoor storage areas•e wept free of refuse, trash, debris, weeds, and waste fill. L Li htin . All lighting is hooded and so directed that the Light source is not visible from the public rit-of-way or from neighboring residences Section 5. Section 4-20, I, industrial district is hereby amended to repeal the stricken text and add the underlined text as follows: (e) Conditional uses, I. The following are conditional uses in an I district: (Requires a conditional use permit based upon procedures set forth in and regulated by sections 4-30(c) and 4-33 and performance standards set forth in section 4-3 of this Code K (1) Open outdoor storage as a principal or accessory use. Open outdoor storage as a conditional accessory use, where the open outdoor storage area exceeds 20 percent of the gross floor area of the principal structure provided that: da. Setbacks. pen outdoor storage areas share not be -located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areassh*H-be are set back five feet from all side and rear lot lines and ;<-knot be located within a utility or drainage easement. sb. Surfacing. pen outdoor torage areas hal' -- -a, surfaced with concrete or bituminous. Fencing. A wire weave/chain link security fence is erected shall ber-equired around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. ad. Screening/landscaping. 44ie-epen outdoor storage areas are 4911 - __-_A aftd-landscaped. fenced, and screened from view of ff�adjacent residential properties eoes-and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. e. Required arlang-5pa�ee. The-Qepen outdoor storage areas 44a"o not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. £ Hazardous materials. pen outdoor storage areas shall -are not be -used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. g. Refuse and upkeep. Depen outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. h. Lijzhtinz All li2hting is hooded and so directed that the liwit source is not visible from the -public right-of-way or from neighboring residences. Section G. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this _ day of 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk 4 ORDINANCE NO. 18-09 AN ORDINANCE AMENDING SECTIONS 4-2 AND 4-20 OF THE NEW HOPE CITY CODE RELATED TO SEMI -TRUCK PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2, Zoning — Rules and definitions is hereby amended to add the underlined text as follows: (b) Definitions. The following words and terms, wherever they occur in this zoning code, shall be interpreted as follows: Semi -truck paLlaIng means any truck and trailer combination that has a length of 21 feet or more. Semi -truck parking is the Parking semi -truck or semi -truck connected to a trailer meeting the performance standards of this code. Semitrailers not connected to a truck shall be outdoor storage and subject to the rules and conditions for outdoor storage in this code. Section 2. Section 4-20, is hereby amended to delete the stricken text and add the underlined text as follows: (a) Purpose. The purpose of the I, industrial district is to provide for the establishment of heavy industrial and manufacturing development use which, because of the nature of the product or character of activity, requires isolation from residential or noncompatible commercial uses due to noise smoke odor, low pedestrian vehicle traffic volumes and high semi -truck traffic volumes. The I district is also intended to provide for large scale activities of a sociological nature not suited to other districts, but reasonably compatible with the same characteristics suitable for general industrial use. (c) Permitted accessory uses. The following are permitted accessory uses in an I district: 10 Semi -truck arkin . Semi -truck parking as defined in Section 4-2 of this Code shall be a permitted accessory use provided that: a. Semi -truck parking shall not be located in the front or side yard abutting a street. Semi -truck parking shall maintain a 40 -foot setback from any residential zoning district and 3 -foot setback from side and rear lot lines. b. Semi -truck -parking shall not occupy required automobile parking stalls and shall not interfere with the on-site traffic circulation patterns. c. Semi -truck parking shall qgmply complywith the stall and drive aisle dimension as follows: d. Semi -truck parking shall com ly with all the curbing, paving, and striping requirements of Section 4-3(e)(4)h of this Code. e. The perimeter of the semi -truck parking area shall be landscaped to screen the parking area from adjoining streets or residential properties. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 2 Parktng Spoil data (based on 14ft x 75ft mInlmm ataII fenats) (ALL 01 -- SIOW ANE 10 FEET ON FT ACTI006 OF FEETI Q A I B C 0 E F 1 0 K t -g 30' 40.00 66.60 100.00 28.00 U." 75.75 14.00 15.00 79.00 35' 55.00 78.55 95.69 24.41 20.00 IM.901 18.00 16.00 92.00 4W 59.00 T0.31 91.79 21.76 16.69 75.10 129.00 11.00 106.00 45' 63.00 63.00 66.10 1 19.80 14.00 75.10 U.00 25.00,L20.60 s0 67.00 56.22 87.46 18.26 11.75 75.72 40.00 21.00 136.00 18.11 55 70.00 49.01 $5.46 17.09 9.0 75.86 16.00 31.00 117.00 50 72.00141.5? 93.14 L6.71 08 75.06 54.00 34.00 160.00 d. Semi -truck parking shall com ly with all the curbing, paving, and striping requirements of Section 4-3(e)(4)h of this Code. e. The perimeter of the semi -truck parking area shall be landscaped to screen the parking area from adjoining streets or residential properties. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 2 ORDINANCE NO. 18-10 AN ORDINANCE AMENDING SECTION 4-3(b)(5) OF THE NEW HOPE CITY CODE RELATED TO MECHANICAL AND ROOFTOP EQUIPMENT STANDARDS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(b)(5)c. Zoning — General building requirements — Building and structure heights is hereby amended to repeal the stricken text and add the underlined text as follows: 1. Rooftop mechanical equipment shall not exceed the allowable building height standards for the applicable zoning distnL by more than 15 feet. 2. All rooftop and ground mounted mechanical equipment shall be buffered so as to mitigate noise in compliance with chapter 9 of the City Code. This shall not mly a1to air conditionin cooling structures or condensers ound mounted which must be in cow liance with subsection 4-3 6 . of this Code. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of _ 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk ORDINANCE NO. 18-11 AN ORDINANCE AMENDING SECTIONS 4-3(b)(6) AND 9-11(a) OF THE NEW HOPE CITY CODE RELATED TO MULTIPLE -FAMILY TRASH ENCLOSURE SCREENING REQUIREMENTS AND SEASONAL CLEANUP DESIGNATION PROCEDURE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(b)(6), Zoning — General building requirements — Accessory buildings, uses and equipment is hereby amended to repeal the stricken text and add the underlined text as follows: i. Trash enclosures. Industrial, commercial, and institutional uses must provide trash enclosures for any waste containers that contain refuse and recyclable material or equipment that meet the following standards: Section 2. Section 9-11(a), General welfare and safety -- Waste storage is hereby amended to repeal the stricken text and add the underlined text as follows: (5) Screening. All permanent and disposable waste containers, used in single-family residential zoned areas or for single-family homes in any zoning district shall be screened from all principal residential structure within 50 feet and from the adjacent streets. Industrial, commercial, multi -family and institutional uses shall meet trash enclosure screening requirements set forth in section 4-3(b)(6)i. of this Code pFe-,ide ser-eaning fer whieh leeate(h (6) Location of residential waste containers on pickup day. Permanent waste containers, bulky materials, disposable and sealed containers, used by single-family homes, containing waste, may be placed on the curbside for pickup, but may not be placed on the curbside any earlier than sunset preceding the day of scheduled pickup and must be removed by sunset of the scheduled pickup day. The ity manager may, by _,,. ,v,*'�, designate a two- week period in both spring and fall during which large quantities of bulky material may be placed on the curbside for the purpose of facilitating seasonal cleanup of residential properties. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk 2019. ORDINANCE NO. 18-12 AN ORDINANCE AMENDING SECTION 4-3(d)(4) OF THE NEW HOPE CITY CODE RELATED TO LANDSCAPING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(d)(4), Zoning –Performance standards - Landscaping is hereby amended to repeal the stricken text and add the underlined text as follows: a. Required landscaping—General residential. The lot area remaining after providing for off- street parking, off-street loading, sidewalks, driveways, building site and/or other requirements shall be landscaped using ground cover, ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used for landscaping. Fences, retaining walls, or trees placed upon utility easements are subject to removal if required for the maintenance or improvement of the utility. The city shall not be required to pay compensation for the items to be removed from a utility easement. Trees under overhead wires within an easement are restricted to tree types having mature height that will not interfere with the overhead wires. Section 2. Section 4-3(d)(4)b.4., Zoning – Performance standards - Landscaping – Design is hereby amended to repeal the stricken text and add the underlined text as follows: ii. All area within the property lines (or beyond, if site grading extends beyond) not paved or desi ated for off-street parking,off-street loading, sidewalks driveways, open outdoor storage, or buildings shall be landscaped usingtFeated. AA! e*ter-ier- areas net paved e _ > , ground covers, ornamental grass, er--shrubs, trees, or other acceptable vegetation generally used for d by the eit i-,,. All gFeend ar-eas +mder- the building r-eef eNefhaag must be treated vAth a deeeT-ative ---Job iv. All landscape areas must be irrigated or have access to an exterior building water spigot in a location adequate for providing for landscape maintenance. vi. Except for single-family and two-family residential properties, all landscape areas within the property lines utilizing an automatic irrigation system shall be controlled by a moisture sensor irrigation controller. vi,,. Landscape maintenance: All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES December 4, 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: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Michael Redden, Matt Korkowski Absent: Bill Smith Also Present: Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Coordinator/Management Analyst; Stacy Woods, Assistant City Attorney; Bob Kirmis, Planning Consultant; Jessi Weber, Recording Secretary NEW BUSINESS Planning Commission member Matt Korkowski was officially sworn in by Recording Secretary, Jessi Weber. PUBLIC HEARING Chair Schmidt introduced Item 4.1, site plan review for construction of Planning Case 18-28 new pool, bathhouse, mechanical building, and theater and Item 4.1 reconfiguration of Civic Center park at 4401 Xylon Avenue North, city of New Hope, petitioner. Mr. Jeff Alger, Community Development Coordinator/Management Analyst, gave background on the case. In 2016, Wold Architects recommended the Police Station and City Hall be located at the current construction site. In 2017, the majority of City Council voted to proceed with the construction plan, and shortly after, park and pool committees made up of New Hope residents were formed to discuss different options available. In 2018, a bonding bill was signed that included a $2 million request to help fund an eight -lane, 50 -meter outdoor pool. The preliminary pool concept was approved in 2018, and since then Stantec Engineering has been finalizing the plans. Next, Alger showed pictures of the proposed park and pool features and explained that the plans submitted represent general concepts depicting anticipated location, materials, and appearance of the proposed building and facilities. Any changes to the proposed aspects of the plan would be finalized by the City Council. Alger reviewed the locations and proposed appearance of the theater, proposed picnic shelter, pool schematic, bathhouse, mechanical building/water slide, proposed skate park, and proposed hockey rink. There will be 213 parking stalls and 7 disability stalls. The parking lots will include a rock trench and the storm water will be treated with a drain tile system before entering the pond northeast of the site. As part of the landscaping plan, 59 trees will be removed with 150 new trees being installed. Alger concluded that proper legal notice and mailing notice were given. Staff did hear from residents with questions related to the outdoor skating rink and new theater. Staff recommends approval of the site plan review with the condition outlined in the report. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Commissioner Brinkman asked how many lanes the 50 -meter pool consisted of. Mr. Alger replied it is an eight -lane pool. Commissioner Landy added a clarification to the report. The citizen task force presented their recommended location of the new Police Station/City Hall to Wold, who then submitted the recommendation to staff. Landy also stated disappointment in the steps of the planning process. Many changes in feature locations were made from the original plan the park and pool committees had submitted. Landy felt it would have, been beneficial to have the committee review the updated plans so they could continue to be aware of the decisions being made. Commissioner Landy suggested city staff work with groups utilizing the new theater to ensure ending time for rehearsals and events is at 10:00 pm. Landy also asked for an update of the current budget and if the proposed park and pool are currently on budget. Mr. Sargent stated staff did take the input from the committees as a good starting point and looked at feasibility of locations of features in regards to soil conditions, budget, and the overall functionality of the park features for all residents within New Hope. Sargent explained that $10 million was bonded for 2018, as that was the maximum allowed per year. There is an understanding more would need to be bonded in 2019 to cover the entire expense. Sargent asked the City Engineer to address the budget question. Chris Long, City Engineer, Stantec gave an overview of the budget for each category. There is an $18 million budget for the entire project including landscaping and parking lots. Currently, the budget is a couple hundred thousand dollars higher than the original budget. Park improvements are right around budget; pool improvements were estimated at $11 million and the budget is currently at $12.2 million; theater budget estimate was at $500,000 and the budget is currently at $800,000. There are about half million in alternates to provide options for Council. Commissioner Landy also mentioned there was contingPncv built into the budget that could cover some of the extra costs, to which Chris Long agreed. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. Andrea Lundahl, 850144th Avenue North, stated was disappointed about the location of the proposed hockey rink and had concern with noise that could potentially be heard from the theater due to the direction it was facing. Ms. Lundahl asked if testing has been done with noise levels to determine if they would conform to the city ordinance. Sargent replied 2 Planning Commission Meeting December 4, 2018 testing has not been done; testing would yield more accurate results when done in real life situations. He also stated that programming events at the theater will take into consideration the neighboring residences and ensure events end at a reasonable time. Ms. Lundahl commented rehearsals often last until 11:00 pm and the performances sometimes go later than the stated end time. Commissioner Landy stated that staff will need to work with theater to adjust start times to ensure the end time is appropriate. Mr. Sargent stated that would apply for any group utilizing the theater. Molly Sanborn, 4301 Zealand Avenue North, thanked Mr. Landy for comments made and thanked city staff for addressing her concerns and explaining the park layout. Ms. Sanborn said there is disappointment in the skate park location and wanted to know how alternates are prioritized and how it is decided which ones the budget will be used for. Mr. Sargent stated the City Council would determine which features are built based on what funding is available at that time. Certain alternate features would need to be constructed with the initial construction of the pool, so that factors in the decision making process as well. Sanborn asked how likely it is that the rink will be developed and if residents can do anything to help ensure it will be constructed. Sargent explained that based on resident feedback the rink will not be forgotten about. In a couple years when the rink comes up for review, the City Council will look at the budgeting situation to aid in their decision. SanborWs last question regarded the placement and angle of the theater. There is concern sound will be more audible on Zealand Avenue since the theater is much closer, and also concern that the performances will be family -friendly and appropriate for all ages. Sargent responded that many factors were considered with the orientation of the theater including minimizing sun glare for the performers and audience members, soil conditions, and natural slope of the land around the theater for seating. Programming has always had a family -focus when scheduling events in the parks and will continue to do so with the new theater. Chair Schmidt gave an example of a prior planning case that had noise concerns associated with it, When New Hope Bowl wanted to add a volleyball court in the summer months many Crystal residents were worried about the potential for noise disruptions in the evenings. City Council approved the planning case, and several years later, there have not been any complaints made regarding noise. Schmidt thinks this will be a very similar case. If there ever is an issue or concern with noise at the theater or park, residents should make a report. If residents make staff aware of an issue, it will be addressed. Ed Schneider, 4217 Zealand Avenue North, questioned if adult trees or a wall are in the plans for along Zealand Avenue North to create a noise buffer. Chris Long stated the theater is set 8 feet lower than the Zealand Avenue curb. This will act as a natural noise buffer for residents along Zealand Avenue North. Part of the landscaping plan is to leave as many mature trees as able. Certain species of trees are on the prohibited tree list and those would be replaced with an approved species. The new trees that will be installed are similar to the ones along Xylon Avenue North, with 3 Planning Commission Meeting December 4, 2018 the budget allowing for $800 per tree. Sarah Bickler, 4221 Zealand Avenue North, stated the hockey rink is very important to neighbors and their families. Ms. Bickler questioned if the rink would be flooded again this winter and it was verified it is going to be. Commissioner Landy asked if grants were available for the hockey rink. Chris Long said they have been and are currently looking at grants for any aspect of the park and pool project. Any avenue that can help with the budget is being considered. He also stated that the rink will be utilized in the upcoming season. Commissioner Brinkman asked about the amenities at the hockey rink; if a warming house and lights would be part of the construction plan. Chris Long verified lights and dasher board are currently included with the proposed ice rink. At this time, a warming house has not been identified. There has been some discussion of utilizing other park facilities as a warming house. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the public hearing. All present voted in favor. Motion carried. Roger Landy asked the commission for thoughts on adding a condition to specify program end times. Sargent stated if a condition is added the Council would be aware that was an important item of discussion during the meeting. Motion Motion by Commissioner Landy, seconded by Commissioner Clark, to Item 4.1 approve Planning Case 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, with the following conditions: 1. Provide photometric plan meeting minimum lighting standards for buildings, parking lots, and pedestrian areas. 2. All park programming and events shall conclude by 10:00 p.m. unless otherwise approved by the City Council. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Redden, Korkowski Voting against: None Absent: Smith Motion approved 8-0 Chair Schmidt stated the case will move forward to the December 10, 2018 City Council meeting. PUBLIC HEARING Chair Schmidt introduced Item 4.2, text amendment to Sections 1-2, 2-60, Planning Case 18-29 4-3, and 9-11 of the New Hope City Code related to the abatement of Item 4.2 public nuisances and other code violations including impounding of Planning Commission Meeting December 4, 2018 vehicles or recreational vehicles as alternative enforcement option. Mr. Jeff Sargent gave background on the case. This ordinance would permit the city to take steps to deal with public nuisances in an expedient manner. The current process involves mailing an Administrative Notice, and if the violation is present after 10 days, Administrative Citations are mailed. This process can continue indefinitely if the violation remains. Mr. Sargent commented that most property owners take corrective action after receiving an administrative citation but there are a few property owners within the city that have failed to comply with city code even after receiving several citations/fines. Sargent explained the new process would involve mailing an Administrative Notice followed by two Administrative Citations. After this proper notice, if the violation remains the city would hire a contractor to go onto the property and correct the violation. He stated any fees incurred by the city to remove materials or vehicles would be assessed to the property owner. The City Council approved the ordinance at the November 13, 2018 City Council meeting. After that meeting, the city attorney decided the amended sections of the zoning code would require a public hearing. This Planning Commission meeting is serving as the public hearing for the approved ordinance. The ordinance will go back to the City Council at the December 10, 2018 meeting for final approval. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Scott Clark asked for clarification if construction equipment/vehicles would also be part of the ordinance. Mr. Sargent confirmed that is correct. Motion by Commissioner Redden, seconded by Commissioner Landy, 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 Redden, to close the public hearing. All present voted in favor. Motion carried. Motion Motion by Commissioner Redden, seconded by Commissioner Landy, to Item 4.2 approve Planning Case 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 Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Redden, Korkowski Voting against: None Absent: Smith Motion approved 8-0 Chair Schmidt stated the case will move forward to the December 10, 2018 5 Planning Commission Meeting December 4, 2018 COMMITTEE REPORTS Design and Review Committee Item 5.1 Codes and Standards Committee Item 5.2 NEW BUSINESS OLD BUSINESS Approval of Minutes Item 7.1 City Council meeting. If there should be a meeting, it will be scheduled for December 13, 2018. Staff will update committee. There currently is no meeting scheduled. None Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve the Planning Commission minutes of October 2, 2018, Motion carried. ANNOUNCEMENTS Mr. Sargent explained the city council meeting on December 10th will not be a public hearing for the site plan review for Planning Case 18-28 as the December 4th Planning Commission meeting served as the public hearing. The Mayor will determine if the City Council meeting should serve as a public hearing if need be. Sargent also extended his congratulations to Commissioner Korkowski. Commissioners discussed the sub -committees, and Commissioner Korkowski will join the Codes & Standards sub -committee and Commissioner Landy will hold the float position. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:02 p.m. Respectfully submitted, tkpi ', Jessi Weber, Recording Secretary 6 Planning Commission Meeting December 4, 2018