080206 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES August 2, 2006
City Hall, 7 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chairman Svendsen called the meeting to
order at 7 p.m.
ROLL CALL Present: Paul Anderson, Pat Crough, Kathi Hemken, Jeff Houle
(arrived 8:23 p.m.), Roger Landy, Ranjan Nirgudé, Bill
Oelkers, Tom Schmidt, Steve Svendsen
Absent: Jim Brinkman, Tim Buggy
Also Present: Kirk McDonald, Director of Community Development, Alan
Brixius, Planning Consultant, Steve Sondrall, City Attorney,
Vince Vander Top, City Engineer, Curtis Jacobsen,
Community Development Specialist, Kim Berggren,
Community Development Assistant, Carlos Espinosa,
Community Development Intern, Pamela Sylvester,
Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC06-08 Chairman Svendsen introduced for discussion Item 4.1, request for
rezoning from CB, community business, to R2, single and two-family
Item 4.1
residential, preliminary plat for property to be known as Louisiana
Terrace, and variance for lot area to allow construction of two zero-lot line
twinhomes, 5551 Louisiana Avenue North, Terry Veigel, Petitioner.
Mr. Curtis Jacobsen, community development specialist, stated the Design
and Review Committee met with the petitioner at a special meeting to
discuss drainage concerns raised by the commissioners at the July
Planning Commission meeting. The ponding area was modified in the
rear yards of the properties by increasing the size and reducing the depth
to 1.2 feet. The emergency overflow, located along the southernmost lot
lone, would direct water from the pond east toward Louisiana Avenue.
The rear yard drainage easement was changed to accommodate the entire
ponding area, separating the pond from the balance of the lot, and
showing a uniform drainage easement in the rear yard.
Jacobsen reported that the city received a letter from Robert Thompson,
Bass Lake Dental Group, the dental office to the west of the site, who
indicated he had been located at that location since the early 1970s had
never seen standing water on that property in summer or winter.
Mr. Vince Vander Top, city engineer, stated that since the July Planning
Commission meeting, the applicant completed percolation tests on the
site. Vander Top explained that the original plan showed a deeper pond
in the rear yards. The revised plan still showed the back yards would be
lower than the structures, but graded flatter. Vander Top explained the
original percolation rate calculations indicated a big discrepancy between
what the applicant and city engineer’s office proposed. The city engineer’s
office had assumed less than an inch per hour percolation rate and the
applicant had assumed four inches per hour. The field tests identified the
infiltration rate at two inches per hour. The numbers presented in July
were based on a 100-year rain event. Vander Top explained that proposed
calculations for a typical two-year event, and given future soil conditions,
a maximum pooling depth of 0.2 feet ( 2-3 inches) would remain for about
a half day. During a 100-year event, six inches of rain in a 24-hour period,
a maximum pooling depth of 1.2 feet would remain for about one day. In
an even larger rain event, water would runoff to Louisiana Avenue.
Vander Top continued by saying that the applicant had also submitted a
drawing showing a storm sewer option. If a storm sewer would be
installed, the applicant proposed connecting to the catch basin at Bass
Lake Road and Louisiana Avenue, going south under the driveway at the
gas station, to the property corner, and extending to the rear of the lot
with a flared end in the rear yards. The cost of this system and restoration
would be approximately $21,000.
Both options were reviewed with the Design and Review Committee, and
the consensus was, based on the revised numbers, the infiltration system
would be acceptable. The impacts of the cost of the storm sewer were
discussed with the applicant. Vander Top stated that staff suggested if the
storm sewer option was pursued, the cost would be the applicant’s
responsibility and the city would not require any additional storm sewer
fee, which was proposed to be $4,508.40.
Mr. Vander Top stated that if the infiltration system was pursued, staff
would impose conditions to assure a backyard drainage issue was not
created. No clay could be used in the ponding area. The revised grading
plan had been submitted. Submit a revised plat showing a revised
drainage easement. After the project is completed, the percolation test
must be repeated to prove that construction did not jeopardize the
infiltration rates.
Vander Top stated that he had talked with the owner of the gas station,
who had indicated that this lot was lower than the adjacent lots due to the
fact that soil from this site had been utilized on some of the those lots
during construction. The area was not a past wetland. The elevation may
be lower due to the chronology of construction around it.
Commissioner Nirgudé wondered what the city could do if after
construction the percolation rate was not what was proposed. Vander Top
stated that a condition should be added that the applicant must amend
the soils to regain the proposed infiltration rate. If that was not feasible,
the storm sewer must be installed.
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Planning Commission Meeting August 2, 2006
Mr. Peter Wegier, owner of Cressland Homes, came forward. There were
no other questions or comments for the builder.
There was no one in the audience to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Hemken, to
close the public hearing on Planning Case 06-08. All voted in favor.
Motion carried.
Chairman Svendsen explained that the commission would vote on the
rezoning, variance and plat at this meeting, which would be considered
by the City Council on August 14. The comprehensive plan amendment,
which was outlined in the report and supported by the Commission,
would be officially considered by the City Council on August 28, as a
separate public hearing was required for that action due to the fact that it
was not specified in the original legal notice.
MOTION Motion by Commissioner Oelkers, seconded by Commissioner Hemken,
Item 4.1 to approve Planning Case 06-08, request for rezoning from CB,
community business, to R2, single and two-family residential,
preliminary plat for property to be known as Louisiana Terrace, and
variance for lot area to allow construction of two zero-lot line
twinhomes, 5551 Louisiana Avenue North, Terry Veigel, petitioner,
subject to the following conditions:
Rezoning:
1.Applicant to pay all consultant costs and related fees for
comprehensive plan amendment submission and approval by the
Metropolitan Council.
2.Rezoning and re-guiding subject to review and approval by
Metropolitan Council.
3.Developer must wait for city adoption of comprehensive plan
amendment prior to obtaining building permits for the site.
Preliminary Plat and Lot Area Variance
1.Developer to execute development agreement and performance
bond (amount to be determined by city engineer and building
official).
2.Comply with all city engineer recommendations – memos dated
May 18, June 29, July 5, and July 19, 2006, including payment of
storm water fee in the amount of $4,508.40.
3.Review and approval of plans by building official and West Metro
Fire.
4.Drainage and utility easements shown should be labeled. The rear
drainage and utility easement should be expanded to include the
entire infiltration area.
5.Final plat submission is required. Park dedication fee ($3,000) will
be required at the time of final plat approval.
6.Planning Commission to waive review of final plat.
7.Water stop boxes shall be provided by the developer, including all
necessary permits for street work.
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Planning Commission Meeting August 2, 2006
8.No clay soils to be used in ponding area.
9.Percolation test to be completed after construction activities to
assure that the infiltration rate has not been affected by the
construction process. If percolation test shows infiltration rate has
been compromised, developer must make appropriate corrections or
install storm sewer system as presented in planning review process.
Commissioner Crough questioned whether a flared end or catch basin
would be more appropriate for the rear yard of these residential units. Mr.
Vander Top indicated that there was not much cover for a catch basin.
The flared end would need a grate over the end to prevent any objects
from entering it.
Voting in favor: Anderson, Crough, Hemken, Landy, Nirgudé, Oelkers,
Schmidt, Svendsen
Voting against: None
Absent: Brinkman, Buggy, Houle
Motion carried.
Svendsen stated that the rezoning, variance and plat would be considered
by the City Council on August 14, and the comprehensive plan
amendment would be considered at the August 28 Council meeting. He
asked that the petitioner be in attendance.
PC06-10 Chairman Svendsen introduced for discussion Item 4.2, consideration of
Ordinance 06-05, an ordinance amending New Hope Code Section 3-40
Item 4.2
regulating Sign Code, city of New Hope, Petitioner.
Mr. Steve Sondrall, city attorney, explained the sections of the code that
had been revised after the July Planning Commission meeting. Section 3-
40(i)(2)(a) Wall signs in the commercial/industrial districts would be
allowed two wall signs per building, which would allow corner lots to
have one wall sign for each right-of-way. Section 3-40(i)(2)(f) The reference
to vehicle-mounted signs was eliminated. Section 3-40(i)(2)(f)(1) Clarifies
that seasonal produce and Christmas tree sales are regulated under
Section 8-31, which permits signage for the duration of the sale.
Discussion ensued on what constituted sales of seasonal produce, which
was determined to be vegetables, plants, etc. Seasonal sales and Christmas
tree sales are approved through an administrative permit. Signage for
these sales would be separate from the sign code. Section 3-40(i)(2)(f)(3) At
the July meeting, the commission recommended a change from 14 to
seven days duration for a temporary sign permit and discussed increasing
the number of permits allowed from the current three to either five or six.
Staff discussed this issue and recommended 10 days permit duration to
allow the event to occur over two weekends. This change would allow a
business up to 60 days throughout the year. Staff recommended that
Section 3-40(i)(3)(d)(1) and (3) dealing with multiple occupancy wall signs
be left in its original language, except that an interior corner tenant in a
shopping center fronting two streets may have a tenant identification sign
on both streets. Section 3-40(l)(1) adds the word minor as it relates to staff
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Planning Commission Meeting August 2, 2006
approval of an amendment to a previously approved comprehensive sign
plan and adds a definition as any change not requiring site/building plan
review.
Chairman Svendsen stated that as a retailer he would like to see 10 days,
however, a specialty item sale would usually be for one weekend. Nirgudé
stated he supported 10 days. He questioned how illuminated signs were
regulated and the response was those signs would be regulated by the
state electrical and state building codes.
Nirgudé initiated discussion on reader board signs and whether or not it
would be appropriate for these signs to have a running message. Mr.
Brixius, planning consultant, interjected the current sign code prohibits
continuous scrolling messages on reader board signs; a three-second delay
is required. Mr. Sondrall stated that no change was proposed at this time.
Commissioner Anderson maintained a small amount of movement may
be alright. Svendsen clarified that the Commission understood the three-
second static of the message, but was questioning the way in which the
message got there due to the fact that computer software has changed the
delivery of messages. A question was raised whether or not a logo or other
graphic could scroll on the reader board. Nirgudé recommended that staff
and consultants review the scrolling messages. Sondrall added that many
cities allow scrolling messages; some traffic engineers feel scrolling
messages are appropriate and some do not approve due to the potential
for traffic problems.
Chairman Svendsen summarized the sign code changes as recommended
by the Planning Commission, except the temporary permit duration
would be changed from seven to 10 days. Discussion ensued on whether
or not to change the number of permits from six to five, and the
consensus was to leave the number of permits at six. McDonald added
that several City Council members indicated that they supported six
events.
MOTION Motion by Chairman Svendsen, seconded by Commissioner Landy, to
Item 4.3 approve Planning Case 06-10, consideration of an ordinance amending
the New Hope Sign Code Section 3-40.
Voting in favor: Anderson, Crough, Hemken, Landy, Nirgudé, Oelkers,
Schmidt, Svendsen
Voting against: None
Absent: Brinkman, Buggy, Houle
Motion carried.
Chairman Svendsen stated this ordinance amendment would be
considered by the City Council on August 28.
The recommendation from the commission was that staff would only look
into scrolling messages if there were requests from businesses.
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Planning Commission Meeting August 2, 2006
Design and Review Chairman Svendsen reported that the Design and Review Committee met
with the petitioners in July on the drainage issues. The next meeting was
Committee
scheduled for August 17. Mr. McDonald stated several pre-application
Item 5.1
meetings were scheduled at the end of the week.
Codes and Standards Commissioner Hemken stated that the Codes and Standards Committee
had not met. McDonald added that a meeting may be scheduled in the
Committee
fall.
Item 5.2
OLD BUSINESS There was no old business.
Miscellaneous Issues
Chairman Svendsen stated that the Holy Trinity Church CUP amendment
was approved, and the Council added a condition that signage be
installed restricting right turns for non-residents and a condition
regarding future street imporvements.
NEW BUSINESS
Motion to Approve Motion was made by Commissioner Landy, seconded by Commissioner
Minutes Hemken, to approve the Planning Commission minutes of July 11, 2006.
All voted in favor. Motion carried.
Item 7.2 Chairman Svendsen stated that the City Council directed the Planning
Commission to review the design guidelines that were compiled in 2004
Design Guidelines
along with the 1998 City Center Streetscape Master Plan and bring
recommendations back to the City Council. Mr. McDonald suggested that
the full Commission review the basic plan and appoint a subcommittee to
review the guidelines in depth and bring any recommended changes to
the full Commission for review and that the recommendations then be
forwarded to the City Council.
Ms. Kim Berggren, community development assistant, stated that the goal
for the Commission was to set direction as to how to address preparing
the guidelines for City Center and select a subcommittee to review the
existing document over the next few months and make recommendations.
Ms. Berggren explained there were two major planning processes
previously completed for the City Center area. The first was the 1998
Streetscape Master Plan which focused on streets and buildings and how
that aspect related to pedestrians and automobiles. The second planning
process was the 2004 framework manual, including design guidelines,
which was the City Center Task Force’s vision for the City Center area
redevelopment.
The Streetscape Master Plan process began with a community workshop
where strengths and weaknesses relating to City Center area were
identified. The area offers a small town atmosphere, and there would be
opportunities to better utilize infrastructure and manage traffic. Many of
the parcels are under-utilized and, therefore, offer opportunities for
redevelopment. Weaknesses included unattractive features, the need for
an identity, and a lack of amenities. The Plan examined four separate
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Planning Commission Meeting August 2, 2006
corridors: 42nd Avenue from Gettysburg to Louisiana, Winnetka Avenue
from Quebec north to 45th, along 45th Avenue from Winnetka to Xylon,
and along Xylon Avenue from 45th to 42nd avenues. Recommendations
for 45th Avenue included reducing the width of the traffic lane,
landscaping medians, better walkways, enhancing the pocket park,
adding a crosswalk to Winnetka Center, and screening the parking lot.
The recommendations for Winnetka Avenue introduced a grand entrance
into the area between the two existing shopping centers. The streetscape
plan also provided suggestions for monument signs and bus shelters.
The City Center Framework Manual was developed with by the City
Center Task Force in 2003/04, but was never formally adopted by the City
Council. Chapter 5 of the manual contains general design guidelines. The
process began with a visual preference survey by addressing preferred
images and the general character of the City Center area. The guidelines
are intended to help facilitate the redevelopment with regard to hierarchy
of street treatments, site planning, commercial and residential building
types, franchise architecture, façade treatments, building materials,
ground level expression, roof design, parking structures, signage, parking
lot edge treatments, location and screening of service-loading-storage
areas, lighting, landscape and site improvements, and stormwater
treatments.
Ms. Berggren stated that the framework manual suggested that, in order
to implement these guidelines, the city should adopt the entire manual as
an addendum to the New Hope Comprehensive Plan and amend the
zoning ordinance by creating a new City Center zoning district. Mr.
McDonald added that the Commission should determine whether the
guidelines would apply only to City Center or all the commercial zoning
districts in the city.
Berggren reported that other cities have compiled design guidelines and
implementation standards into their zoning ordinances. The city could
identify desired outcomes and require developers to meet specific
expectations through the PUD process, which is how New Hope currently
encourages specific design elements. Columbia Heights and Burnsville
have developed a design guideline handbook and adopted it by reference
into the zoning ordinance. The handbook can be given to a developer
when making inquiries for a project in that city. The city of Burnsville
created very detailed requirements and a separate zoning district for the
Heart of the City project.
Transit shelters and courtesy benches were discussed in 2002/03 when
Outdoor Promotions approached the city and requested to install transit
shelters. A review process was started and the zoning code was explored,
but nothing was finalized. In 2005/06, the transit shelter issue arose again
and the City Council suggested that staff explore the possibility of a
competitive bidding process for benches in the city. Currently, U.S. Bench
licenses approximately 50 benches in the city. Metro Transit operates one
transit shelter on 42nd and Winnetka avenues. McDonald interjected that
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Planning Commission Meeting August 2, 2006
the Council would like to see the shelters tied in with the design
guidelines.
Chairman Svendsen maintained that the original streetscape document
included bus shelters, signage, design of streetlights, etc. He
recommended that the guidelines be city-wide rather than just the City
Center area.
Ms. Berggren stated that the three main issues to discuss are 1) setting
goals for design guidelines by adding or removing topic areas, identifying
specific requirements, include all commercial areas or not, address transit
shelters, 2) implementing guidelines, and 3) selecting a subcommittee.
Chairman Svendsen recommended a subcommittee look at the
Framework Manual and put together new ideas in a recommendation to
the full Planning Commission. McDonald added that over the last six to
seven years, the city had done a great deal of work on this matter. The
current document should be reviewed, refined, and then decide how to
put it in place so it could be used.
Svendsen nominated commissioners who had indicated an interest in this
topic to serve on the subcommittee, including Jeff Houle (architectural
background) as chair, Jim Brinkman (past task force member and city
businessman), Roger Landy, Bill Oelkers, and Ranjan Nirgudé. The
subcommittee meetings would be open to the public, however, the public
could not provide comments, the same as Council work sessions. The first
meeting was scheduled for August 31. A packet would be prepared for
subcommittee members prior to the meeting. Mr. Sondrall stated the
Framework Manual was prepared by consultants and the Council
indicated the document was a good starting point. The subcommittee
should study the document to determine if any changes should be made
and provide recommendations for implementation.
Mr. Brixius offered the following suggestions when reviewing the
document. 1) When making recommendations, the subcommittee should
keep in mind the guidelines would apply to new construction,
redevelopment, and remodeling and how the design guidelines would
apply to each application. 2) Look closely at whether the city or county
controlled the streets and how much area is available in the right-of-way.
3) Determine how the businesses operate, not just the front façade, but
also trash enclosures, loading areas, heating and air conditioning units,
etc., and be sure the project doesn’t just look nice, but that a truck can get
in to service the business. He stressed there may be more remodeling
opportunities in the city than redevelopment and to be sure the guidelines
would be appropriate for that aspect. Mr. Sondrall added that transit and
bus shelters should be addressed. One issue that halted the last review of
shelters was the need for setbacks, sidewalk clearance, and construction
issues. The city, in most cases, does not have sufficient space in the
existing rights-of-way and the shelters may need to have private
easements to construct them on private property behind the sidewalk.
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Planning Commission Meeting August 2, 2006
Chairman Svendsen suggested that a rough draft be brought forward to
the October meeting for review with a final report completed by the end
of the year.
ANNOUNCEMENTS Chairman Svendsen reported that there would be an open house at New
Hope City Hall on August 9, from 5 to 7 p.m. for residents, the City
Council and Planning Commission to look at the proposals received for
the property north of the railroad tracks between Louisiana and
Pennsylvania avenues.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:35
p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
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Planning Commission Meeting August 2, 2006