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:
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LA
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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