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040219 Planning1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, April 2, 2019 7:00 p.m. 4. PUBLIC HEARING 4.1 PC 19-04, Conditional Use Permit (CUP) amendment to expand use of outdoor athletic stadium, 8230 4711, Avenue North, Robbinsdale Area Schools, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee - next meeting will be April 18, 2019 5.2 Codes and Standards Committee - next meeting 6. NEW BUSINESS 7. OLD BUSINESS 7.1 Approve March 5, 2019, Planning Commission minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting PLANNING CASE REPORT City of New Hope Meeting Date: April 2, 2019 Report Date: March 29, 2019 Planning Case: 19-04 Petitioner: Robbinsdale Area Schools Address: 8230 47th Avenue North Project Name: Cooper High School Stadium Project Description: Conditional Use Permit amendment to expand use of outdoor athletic stadium and allow for installation of video scoreboard I. Type of Planning Request A. Conditional Use Permit (CUP) II. Zoning Code References Section(s) 4-33 Administration - Conditional Use Permit III. Property Specifications Zoning: R-1, Single-family residential district Location: 8230 47th Avenue North Adjacent Land Uses: R-1, Single-family residential district to the north, south, east, and west Site Area: 35.61 acres, or 1,551,323 square feet Planning District: Planning District 8. Cooper High School is located in the center of the planning district. The Comprehensive Plan cites land compatibility issues related to the close proximity of the high school and the surrounding single- family residential neighborhoods. It specifies concerns related to students leaving the school, including trespassing, loitering, and littering. It also encourages shared recreational facility use between the city, school district, and community. IV. Background On October 10, 1994, the New Hope City Council approved a request for a Conditional Use Permit (CUP) amendment to allow for the construction of an outdoor athletic stadium at Cooper High School. A second amendment to the CUP was made on March 27, 2006, when the City Council approved a request to expand the number of type of events allowed to be held at the stadium. Several site Planning Case Report 19-04 Page 1 3/29/19 improvements at the facility were also approved. In 2000, artificial turf was installed the stadium. On July 7, 2009, a meeting was held to clarify the intention of the CUP to more effectively process requests from the community for use of the stadium. The attached "Points of Clarification" document was established, helping define "community events" and "youth athletic associations." In February 2019, the city received a request for another amendment to the CUP in order to allow for increased use of the stadium. The request was presented at the March 5, 2019, Planning Commission meeting and was tabled in order to allow the Planning Commission additional time to consider the effect on the public and allow the applicant time to adjust the request based on feedback. The CUP that was approved in 2006 allows for unlimited "non -athletic community events" at the outdoor athletic stadium. As clarified at the July 7, 2009, meeting, such events must be "community based and require an audience of at least 50% district residents." The events are limited to youth participation (up to 18 years of age) and at least 50% of participants must reside within the Robbinsdale Area School District. It limits the use of the public address system to two such events per year and must conclude by 9:30 p.m., or 9:00 p.m. if occurring on a Saturday, Sunday, or holiday. It does not allow for the use of outside public address systems. Robbinsdale Area Schools is now requesting several additional changes to the CUP. The following three changes would allow youth and adults (from inside and outside of the community) to access and utilize the athletic stadium: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. Such changes would allow renters to use the stadium for "non -district athletic use" and "non -athletic community events." The provision prohibiting use of the concession stand during non -school activities would be eliminated and it would be allowed for any activity that follows the district's rental permit guidelines. Alcohol and tobacco use would continue to be strictly prohibited on school grounds. Rental of the stadium would be subject to the following requirements: 1. Renters would be limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. 2. Renters would be required to place a deposit for litter removal. The school -employed site supervisor would be responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 3. All events would conclude by 9:00 p.m. 4. Use of the public address system would be limited to eight times per year. Use would be limited to Saturdays between June 1 and August 15, between 1:00 p.m. and 6:00 p.m. 5. Renters would not be allowed to use stadium lights or the videoboard. Proposed changes to the CUP presented to the Planning Commission on March 5, 2019, and the revised application submitted for the April 2, 2019, meeting are summarized as follows: Planning Case Report 19-04 Page 2 3/29119 Users March 5, 2019 Application Aril 2, 2019 Application Eliminates requirement for groups and No change organizations that at least 50% of participants (non -school sponsored events) to eight (S) uses reside within the Robbinsdale Area School per year between June 1 and August 15, only on District. Saturdays, between 1:00 p.m. and 6:00 p.m. Eliminates requirement that at least 50% of No change audience in attendance at events reside within the be adjusted for smaller crowds. Robbinsdale Area School District. Eliminates requirement limiting use of stadium to No change youth. Eliminates provision prohibiting use of No change concession stand during non -school activities and permitting its use for any activity that follows the district's rental permit guidelines. Comments: Requiring that 50% of an audience in attendance at an event reside in the Robbinsdale Area School District is not realistic or enforceable. The requested amendment would allow youth from outside of the Robbinsdale Area School District and adults to utilize the stadium. The application from Robbinsdale Area Schools states that amending the CUP would "allow an increase in the use of the stadium by youth and adult community members, thus utilizing this community asset to its fullest potential while benefiting students and the community." It would result in additional events at the stadium, "thus promoting the city of New Hope and all of its amenities," as stated in the application. The school anticipates hosting youth and adult soccer, football, and lacrosse games and potentially offering an arts and craft fair. A stadium manager would staff all such events. All users would have the option of utilizing the concession stand if so desired. The city's Parks and Recreation department has also discussed hosting one "Movies in the Park" event at the stadium in the summer of 2019. At the request of city staff, the contract includes a provision allowing for one such event per year. The use of alcohol and tobacco would continue to be strictly prohibited on school grounds and specified within the contract. According to the applicant, the on-site stadium manager would handle any violations of the contract and work with law enforcement as necessary. Any complaints brought forth after the conclusion of an event would be handled by school district staff. All school district events would continue to be supervised by school district staff. Public Address System March 5, 2019 Application Aril 2, 2019 Application Eliminates provision limiting use of public Limits use of public address system for renters address system to two (2) non -school sponsored (non -school sponsored events) to eight (S) uses events per year and allowing unlimited use per year between June 1 and August 15, only on between 9:00 a.m. and 9:00 p.m. Saturdays, between 1:00 p.m. and 6:00 p.m. Decibel level of the public address system would be adjusted for smaller crowds. Planning Case Report 19-04 Page 3 3/29/19 Comments: The application has been amended to limit the use of the public address system for renters (non -school sponsored events) to eight Saturdays per summer, between 1:00 p.m. and 6:00 p.m. This does not preclude the school from continuing to use the public address system for school -sponsored events such as football, soccer, lacrosse, track, etc. as currently allowed. According to the application, upgrades to the public address system in recent years have mitigated the negative impact to neighbors and the decibel level would be adjusted for smaller crowds. The contract also includes an exemption allowing city -sponsored "'Movies in the Park" events at the stadium to use the city's audio system. Stadium Lights March 5, 2019 Application Aril 2, 2019 Application Eliminates provision prohibiting use of stadium Prohibits renters (non -school sponsored events) lights for renters (non -school sponsored events) from utilizing stadium lights. and permitting use for any activity between 9:00 available in the lot on the south end of the a.m. and 9:00 p.m. stadium. Comments: The application has been amended to prohibit renters (non -school sponsored events) from utilizing stadium lights. Parking March 5, 2019 Application Aril 2, 2019 Application N/A Limits rental of the stadium to groups/events that will not require more parking than what is available in the lot on the south end of the stadium. Comments: The application has been amended to restrict renters (non -school sponsored events) to parking in the lot south of the stadium. Organizations needing additional parking would not be allowed to rent the stadium. Trash Removal March 5, 2019 Application Aril 2, 20x9 Application N/A Requires deposit from renters to ensure proper cleanup of trash and debris. The site supervisor would be responsible for checking the site after each rental to ensure proper cleanup. The school district provided a phone number (763-504-8533) for community members with concerns. Comments: The application has been amended to require renters (non -school sponsored events) to place a deposit in order to ensure any trash and debris from their event has been cleaned up. After an event takes place, the site supervisor would check the site to ensure cleanup. The school district also provided a phone number for community members with concerns. Planning, Case Report 19-04 Page 4 3/29/19 Scoreboard/Videoboard March 5, 2019 Application Aril 2, 2019 Application N/A Requests that a new video scoreboard be allowed to replace the existing scoreboard at the south end of the stadium. Renters would be allowed to use the scoreboard but not the videoboard. The scoreboard and videoboard would be used for school -sponsored events and would be required to adhere to all city lighting standards. Renters would not be allowed to use videoboard. Comments: The application has been amended to request that a new video scoreboard be allowed to replace the existing scoreboard at the south end of the stadium. When the initial application was submitted, Robbinsdale Area Schools was unaware that a new scoreboard would require an amendment to the CUP. Rather than returning to request an additional, separate amendment, the request has been added to their current application. Renters would be allowed to use the scoreboard but not the videoboard. The scoreboard and videoboard would be used for school -sponsored events and would be required to adhere to all city lighting standards. Sound would not be emitted directly from the structure; however, the scoreboard would be connected to the public address system. Section 3-50(k) of the City Code states, "All electronic changeable copy signs shall be equipped with an automatic dimming device that controls the sign's brightness to meet the following standards: a. The electronic changeable copy sign shall not exceed 500 lumens per square meter measured one foot from the sign face for the time period between one-half hour before sunset and one- half hour after sunrise. b. The electronic changeable copy sign shall not cast glare that exceeds 0.4 of a foot-candle above ambient light measured at the property line of an adjoining residential property or one foot- candle measured at the curb line of a public street." According to materials submitted by the sign contractor on behalf of the applicant, the video scoreboard is equipped with a photocell/light sensor that automatically adjusts the light intensity in direct correlation with ambient light conditions. The dimming device reduces and maintains evening illumination not to exceed 500 lumens per square meter at the sign face measured one foot from the sign face. Additionally, the display is equipped so as not to exceed 0.3 -foot candles above ambient light as measured from a preset distance. As discussed in the March Planning Commission report, city staff received several emails, phone calls, and inquiries at city hall related to the request. Copies of emails that were not included with the March Planning Commission report (not received in time for publication, received after meeting, or received in response to revised application) are attached. The concerns relate to the following issues: Expanded use and volume of public address system +� Trash generated from events • Lighting • Preference that use of stadium continue to be restricted to members of the community Planning Case Report 19-04 Page 5 3/29/19 The city also received feedback stating that state law prohibits the use of alcohol on school grounds and that the goal of the school district is to serve residents of all ages, from "birth to death." It was argued that use of the stadium by the greater community does not differ from that of the community gyms located at Cooper High School. V. Zoning Analysis A. Zoning Code Criteria 1. Conditional Use Permit (CUP) Criteria. The Planning Commission and City Council shall consider the possible adverse effects of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the City Council and Planning Commission shall find that the conditional use permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. (1) Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city. Findings. The original CUP for the stadium was approved in 1994 to allow for construction of the stadium. It was amended in 1999 for the construction of community gyms (a joint effort with the city) and additional tennis courts. It was most recently amended in 2006 when the City Council approved a request to expand the number and type of events allowed to be held at the stadium. The City Council has supported the various amendments as the school is an asset to the community and the improvements have benefitted students and members of the community. The Comprehensive Plan acknowledges land compatibility issues related to the close proximity of the high school and the surrounding single-family residential neighborhoods and encourages that the city and school make efforts to mitigate those issues whenever possible. It also encourages shared recreational facility use between the city, school district, and community. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. Findings. Schools are allowed as conditional uses in R-1, single-family residential zoning districts. Single-family residential homes surround most of the school, which makes the neighborhood unique as compared to many traditional single-family residential neighborhoods. The uses have been compatible for more than 50 years and staff believes they can continue to coexist. (3) Performance standards. The proposed use conforms to all applicable performance standards outlined in the Zoning Code. Findings. Staff concluded that the proposed use conforms to all applicable performance standards outlined in the Zoning Code. Continued use of the public Planning Case Report 19-04 Page 6 3/29/19 address system would be restricted to maximum noise levels specified in Section 9- 42(c)(1) of the New Hope City Code. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Findings. No structural changes are being proposed to the stadium. An increase in stadium usage may result in additional traffic and periodic use of the public address system; however, there may be benefits to residents of the neighborhood interested in attending new events. The ability for the school and members of the community to utilize the stadium for community events and athletic activities will contribute to the character of the neighborhood in a positive way. (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. (6) In residential districts (R-1, R-2, R-3, R-4, R-5, R B, R -O): a. Traffic. Nonresidential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. Findings. Approval of the stadium in 1994 included a thorough traffic analysis, which resulted in the construction of the cul-de-sac on Zealand Avenue North and reconstruction of 47th Avenue North (minutes attached). Rental of the stadium would be limited to groups/events that will not require more parking than what is available in the lot on the south end of the stadium. The potential increase in the number of events will not alter the effectiveness of the current configuration. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. Findings. No changes are proposed to the location of the stadium, field, lights, public address system, or any other buildings on-site. Plans submitted for the new video scoreboard indicate that it will not exceed maximum light levels outlined within the City Code. c. Compatible appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Findings. No structural changes are being proposed. B. Design and Review Committee The Design and Review Committee met on February 14, 2019, and March 14, 2019, to consider the proposal. The committee supported the modifications and was in favor of the project. Planning Case Report 19-04 Page 7 3/29/19 C. Approval 1. Type of Approvals a. Conditional Use Permit - quasi judicial 2. Timeline a. Date Application Received: February 8, 2019 b. End of 60 -Day Decision Period: April 9, 2019 c. End of 120 -Day Decision Period: June 8, 2019 1V. Notification Property owners within 500 feet of parcel were notified by mail, land use petition signs were placed on the property, and a legal notice was published in the SunPost newspaper and on the city's website. As mentioned within this report, staff has received several questions and comments regarding the proposal. Most inquiries have been related to the public address system, lighting, trash cleanup, and who would be allowed to use the stadium. Feedback received in writing through March 27, 2019, and not included with the March Planning Commission report is attached. VI. Recommendation Staff recommends that the Planning Commission recommend approval of the CUP amendment. The conditions of approval associated with previous amendments to the CUP would remain in effect. Attachments • Application (March 21/22, 2019) • Extension letter from Assistant City Attorney (March 26, 2019) • Amended and restated CUP (redline version) • Amended and restated CUP (clean version) • CUP approval letter (March 28, 2006) and Points of Clarification (July 2009) Planning Commission minutes (March 5, 2019) • City Council minutes (March 27, 2006) • City Council minutes (October 10, 1994) Written feedback Planning Case Report 19-04 Page 8 3/29/19 Application Received March 21/22, 2019 To: New Hope Planning Commission From: Robbinsdale Area Schools: Ms. Kristine Wehrkamp, Executive Director of Community Education, Dr. Lowell Holtz, Director of Operations and School Safety, Mr. John Oelfke, Activities Director for Robbinsdale Cooper High School, Mr. Willie Howard, Assistant Principal for Robbinsdale Cooper High School Date: February 8, 2019 Re: Changes to the New Hope Conditional Use Policy (CUP) of the Stadium Background Information: In 1994, Robbinsdale Area Schools (RAS) approached the city of New Hope to amend the Conditional Use Policy (CUP), in order to build a stadium on the practice field area at the west end of Robbinsdale Cooper High School. In addition, a request was made to allow Robbinsdale Armstrong High School the ability to use the stadium in the case of an emergency. In 2006, RAS requested an additional amendment to allow the installation of a synthetic turf field and the construction of a concession stand. There have been no amendments requested since 2006.. Request: Robbinsdale Area Schools is requesting language in the current CUP be changed to allow increased use of the stadium at Robbinsdale Cooper High School and to align more closely to the use policy of the community gyms. The basic changes are as follows: remove the 50% District resident requirement; change the number of public address system uses from two to no more than 8 times from June 1 through August 15 (Saturdays only) between the hours of 1:OOpm - 6:OOpm; adjust the decibel level of the public address system to the smaller crowd; update the title of section two to Athletic Use; delete #3 and #4 from section two (limiting the use of the stadium to youth and 50% District residents); remove the phrase "for any non -school activity" from section 3; and remove #3 in section 3 and add "all concession stand use must follow District rental permit guidelines". Our current scoreboard is the original scoreboard from Mielke Stadium and was brought to Cooper in 1994 when the stadium was built. The board must be replaced. The new board will include a video board that will follow New Hope permit guidelines. The video board will only be 1 used for school sponsored events and will not used by renters at anytime. The scoreboard portion only will be available to renters. There will be no audio from the scoreboard. Rationale: The current language in the CUP limits the use of a public asset and prevents youth and adults (inside and outside of the community) from accessing the stadium. Initially, limits were placed on the use of the field as the public address system and lighting may have negatively impacted the neighbors who lived nearby. However, due to public address system and lighting upgrades, concerns about the negative impact to neighbors have been mitigated. The aforementioned changes to the CUP would allow an increase in the use of the stadium by youth and adult community members, thus utilizing this community asset to its fullest potential while benefiting students and the community. Anticipated Types of Use: We anticipate offering community events in partnership with the City of New Hope (e.g. a movie night in August). Additionally, we anticipate youth and adult soccer, football, and lacrosse games, while potentially offering an arts and craft fair and more. Controls for Use: Due to the potential for increased use, it will be protocol for a stadium manager be on staff for any non -school event. All District events will continue to be supervised by District staff. Security, sanitation, control of lights and sound will all be a part of the rental agreement between the District and renter. In addition, the requirement of no alcohol or tobacco use will be spelled out in the contract. The onsite stadium manager will handle contract violations and work with law enforcement as necessary. Any complaints brought forward after events are held will be handled by District staff. Renters of the stadium will be limited in participation to the number of parking stalls located in the parking lot south of the Stadium on the school property. Parking in the community is not an option for renters. In accordance with state statute (624.701), no alcohol is permitted on school grounds. There will be a deposit requirement for clean up of the facility from rentals. The site supervisor will be responsible to check the site after each rental and determine if it was 2 properly cleaned. If a community member has a concern, they should call 763-504-8533. Stadium lights will be restricted to Cooper High School activities only. Anticipated Outcomes: It is anticipated more events will be held at the Robbinsdale Cooper stadium. This increased use of the stadium will allow youth access to the stadium for games. The movie night event and the potential for art and craft fairs will help build community. In addition, the changes would allow people from outside the community access to the stadium, thus promoting the City of New Hope and all of its amenities. 3 In March 20, 2019 City of New Hope 4401 Xylon Ave N New Hope,, MN 55428 Re: Brightness Certification To Whom It May Concern: DAKTRONICS.COM 201 Daktronics Drive PO Box 5128 Brookings, South Dakota 57006-5128 T 800-325-8766 605-692-0200 F 605-697-4700 The following information pertains to the proposed Daktronics electronic scoreboard, located in New Hope, MN. Per section vi of the city ordinance, the electronic display is equipped with a photocell/light sensor that automatically adjusts the light intensity in direct correlation with ambient light conditions. The dimming device will reduce and maintain night time illumination of the sign not to exceed 500 lumens per square meter at the sign face measured one foot from the sign face. Finally, the proposed display is equipped so as not to exceed 0.3 foot candles above ambient light as measured from a preset distance. This recommendation is based on electronic sign illumination lighting levels from the International Sign Association and has been implemented in numerous states and municipalities throughout the U.S. Daktronics is committed to providing LED displays that adhere to the regulatory environment, working closely with our customers for a responsible approach to the market. Please let me know if you have any questions or concerns. Sincerely, DAKTRONICS, INC. Valida Azamatova Signage Legislation 605-692-0200 C�I•Z•] � �l:l C�3� E��PZ•L STADIUM SCORING DISPLAY OPTION A TRUSS ID One (1) DA -1000-18 One (1) DA -1000-25 Truss with Routered Aluminum Letters/ Logo 4'6"h logo 2'h Lettering VIDEO DISPLAY One (1) LVX Video Display 132x242-16MT 7'3"h x 13'3"w SCORING DISPLAY One (1) FB -2023 -W Football Display with TNMC's, TOL 8'h x 25'w PARTNER PANELS Four (4) Nonlit Partner Panels 3'9"h x 5'111 "w Four (4) Nonlit Partner Panels 3'h x 6'3"w 120 VAC 940 Watts 7.9 Amns ANCHOR PARTNER ANCHOR PARTNER FOUNIDING PARTNER 25' FOUNDING PARTNER 2 pole 120/240V or 120/208V 2 hot, 1 neutral, 1 ground 4212 WATTS Line 1: 17.1 Line 2:18 amps 1 � a FOUNDING PARTNER ANCHOR PARTNER ANCHOR PARTNER FOUNDING PARTNER r— DAKTRONICS CM ONiae SCOREBOARD COLOR: Blue to be chosen by school January 11, 2019 3:47 PM SPORTS MARKETING 2 COOPER HIGH SCHOOL & appearance of the installed equipment & marketing elements may differ from what is shown, Copyright ® 2017 DSM. January 11, 2019 3:47 PM DAKTRONICS113 oa,c,RON, 39 SPORTS MARKETING Light Analysis for Model LVX-108x198-20MT R_ GB LED Display uate: 03/20/201! — Cooper High School Stadium prepared by: Glen Wiebewiebe _._8230 47th Ave N, New Hope, MN 55428 oaXTRoNIcs Values ecaressed are sQecific to Daktronics Droduct onlv -Display at Maximum Brightness of 380 Nits - Nighttime Value `Calculations are based on all lied, Green, and Blue LEDs (White Content) powered -Calculations take into account displayat XY HAGL to their maximum potential for nighttime viewing. Values are shown in Footcandles (fc). -Any rise or fall in elevation or physical blockage is not shown in calculations Extension Letter From Assistant City Attorney JENSENSONDRALL 8525 EDINBROOKC;ROSSING, STE. 201 �- PERSELLIN&WOODS BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 P.A., ATTORNEYS AT LAW wwwjspvAawcom Writers Direct Dia! No.: (763) 201-0265 e-mail saw@Ilspwlaw.com March 26, 2019 Robbinsdale Area Schools GOMON L JENBEN' Independent School District 281 ""a'`t M p p`asmu ""' Attn: Mr. Carlton D. Jenkins, Ph.D. sTemuA. SONolRA`L WADY A. WOOD$' 4148 Winnetka Avenue North New Hope, MN 55427 Re: New Hope Planning Case 19-04 Requesting Amendment to Conditional Use Permit to Allow for Increased Use of Outdoor Athletic Stadium at Cooper High School Our File No. 99.21904 Dear Dr. Jenkins: Your Application identified as New Hope Planning Case 19-04, requesting amendment to the Conditional Use Permit to allow for increased use of the outdoor athletic stadium at Cooper High school was considered by the Planning Commission at its March 5, 2019 meeting. Your Application was deemed received by the City on February 8, 2019. As a result, Minn. Stat. §15.99 subd. 2 requires the City to either approve or deny the Application within 60 days of the City's receipt of the Application otherwise the Application will be deemed approved by operation of law. In this case the Application must be acted upon by April 9, 2019. However, Minn. Stat. §15.99 subd. 3(f) permits the City Council to extend the 60 day time deadline up to an additional 60 days if written notice is provided to the Petitioner prior to the expiration of the initial time deadline, informing Petitioner of the deadline extension and stating the reasons for the extension. At its March 5t', 2019 meeting the Planning Commission determined it was necessary to extend the response deadline to your Application for the following reasons: 1. The Planning Commission needs additional time to consider the effect on 'Real Property Lor, the public of the requested amendment to CUP. apeciahst Gerhfied By The Minnesota State 2. Additional details regarding the proposed expanded use of the athletic gh o'afon stadium are necessary for the Planning Commission to adequately consider 12V 3luelid Neutral Mediator the Application. under Rule ti¢ 3. The Application is complex and requires additional time for study and Page 2 public input. Your Application will be discussed and further reviewed by the Planning Commission. Your Application will then go before the City Council for consideration prior to June 7, 2019. You will be notified in advance of the date of the Planning Commission meeting and the City Council meeting where your Application will be reconsidered, and a representative of the Applicant will be required to attend. Thank you. Sincerely, Stacy A. Woods Assistant City Attorney Enclosure cc: Jeff Sargent, Community Development Director Jeff Alger, Community Development Coordinator/Management Analyst Kirk McDonald, City Manager Steven A Sondrall, City Attorney R\AttomeylSAS11 Client Filesl2 City of New Hope199-21904 - CUP Amend to Expand Use of H.S. StadiumlLatter to Petitioner extending 60 day dead]ine.docx Amended &Restated CUP (Redline Version) NEW HOPE PLANNING CASE 201996-042 AMENDED AND RESTATED CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF ATHLETIC STADIUM USE (COOPER HIGH SCHOOL) 1N R-1 ZONING DISTRICT INDEPENDENT SCHOOL DISTRICT 281 PETITIONER Recitals In 1994 Independent School District 281 (hereafter "Petitioner") submitted its application to the City of New Hope (hereafter "City") for a conditional use permit ("CUP") for the expansion of the Cooper High School athletic stadium located at 8230 4r Avenue North and legally described as follows: The east'/2 of the northwest'/ of the southeast'/ and the west'/2 of the northeast'/ of the southeast'/, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota. 2. Petitioner's CUP application, identified as New Hope Planning Case 94-14 was approved by the New Hope City Council by adoption of Resolution No. 94-157 at its October 10, 1994 meeting subject to conditions as set forth in Resolution No. 94-157. 3. Subsequent to the October 10, 1994 approval of the Cooper High School Athletic Stadium CUP, Petitioner requested and received approval of Ampthre additional amendments to this CUP per New Hope Resolution Nos. 95-50� and -96-145 and 2006-57. ThesE esolutions 95 -Ob and 96-145 had- the ^ff^^* of amendeding section 3(d)(4)(v) of the Original CUP to permit use of the Cooper Stadium for Armstrong High School events upon the occurrence of emergency situations as approved by the New Hope City Manager. Resolution 2006-57 allowed for expansion of the stadium's use, an update and modification of the public address system, construction of a concession/storage building and replacement of sod/turf on the athletic fields. 4. Petitioner has now submitted a 2019 aDDlication for an Amendment to the Cooper Hiah School Athletic Stadium CUP, identified as Planning Case 19-04. The application Primarily requests an additional expansion of the stadium's use. Stadium Q IO' identified nnpiA@ 6` 6' 02 _a pploGatIGR PFMFnaF!ly Feque4s .ten a stadium's additional f the addFessf OR the athletin fields; 6. The amendments approved by the New Hope City Council as set forth in its Resolution No. 2019- R006 5:7 are restated in this Amended and Restate Conditional Use Permit, which shall contain all previous amendments to said Conditional Use Permit. As a result, this Aemended and Rfestated Conditional Use Permit shall apply and control any inconsistencies between the terms and conditions of this mended. and estated CUP and the original CUP and its previous amendments relating to the use of the Cooper High School Athletic Facility. Conditions of Aaaroval Purpose. This Conditional Use Permit sets out the conditions of approval for Petitioner's application to expand the use of the athletic stadium at Cooper High School. The above - referenced recitals shall be incorporated into these conditions of approval as if fully restated herein. 2. Need for Conditions. Cooper High School is situated in the middle of a single-family residential zoning district. It is bordered on the south by 471 Avenue North, on the north by 49th Avenue North, on the west by Zealand Avenue North, and on the east by Virginia Avenue North. These streets are constructed to a residential standard. New Hope City Code requires non-residential school traffic to be channeled to a "collector type" street (i.e. 70' minimum ROW and 44' minimum street width). The referenced streets do not meet these standards. Cooper High School is currently considered a legal non -conforming use. When it was built the City Code did not require a collector street standard for streets serving Cooper High School. The conditional use requirements were passed at a later date (specifically 1979). As a result, Cooper High School is "grandfathered" as a legal non -conforming use despite daily traffic counts from non-residential school traffic exceeding desirable vehicle trips for residential street design. City Code does not permit the expansion of legal non -conforming uses. Due to traffic problems the City has granted the Conditional Use Permit requested by the District contingent upon the following Conditions of Approval accepted by the District. 3. Conditions of Approval. The conditions of approval imposed on Petitioner's original CUP by New Hope Planning Case 94-1 as amended by Resolution Nos. 95-501 a id -96-145 ai iu 4wo- , shall remain in effect to the extent they are consistent with the new conditions of approval imposed by New Hope Planning Case '^^2019-04. Said conditions of approval are restated here as follows: a. 1994 Design Plan. The original Cooper Athletic facility design plan was subject to the review and approval by the City Engineer. Said review required compliance with the following conditions: 1) The field was moved approximately 120' north and 20' east of its originally proposed location. 2) The field was lowered approximately 7' 2 3) Home bleachers were located on west side of field (2,000 seats, 16 rows); visitor bleachers were located on east side (500 seats, 10 rows). 4) The dry detention basin located north of the football field was eliminated to allow the discus and shot put event to be located in this general area. The Shingle Creek Watershed requirements for storm water quality must continue to be satisfied as set out in the Watershed's September 8, 1994 recommendations item 12-8. The City was not required to share in the cost thereof. 5) The existing north -south storm sewer through Cooper High School to 491 Avenue North was given to the City and a 20' wide drainage and utility easement was dedicated over it. The City updated and modified the existing storm sewer as required and extended it to the new low point in 471h Avenue North. 6) The excess material resulting from lowering the field, relocating the parking lot and reconstructing 471 Avenue North was used to construct a berm on the west and north side of the field. Consideration was also given to redirecting the discus area to the east to allow additional material to be placed north of the field. b. 2006 Desion Plan. , the _Pis�hist subM.Med- R_ 1=-ebFuaFy 10, 2096 19#9F; a#arshed- as E-M-hibit G, GUNRORg the pmpersed Mum site The 2006 Design Plan addressed the construction of the concession/storage building in the southerly portion of the outdoor stadium complex a+s the only physical improvement of the District's application which will Fe -iii --required a building permit. T"ig Distrint pFep, ses t„ GGAMMM this building in 2098. The construction of this building and the other site improvements outlined in Exhibit C_ wereaf-e- approved subject to the following conditions: } Prior to the issuance of a building permit for the concession/storage building the District eha" submit both conceptual and detailed design plans for review and approval by the City's Building Official. 2) The size of the concession/storage building limited to 2,000 sq. feet or less. 3) Regarding all 2006new-site improvements set out in Exhibit C attached to the New Hope Planning Case 2006-02 Amended and Restated CUP, the District wM-compliedy with all recommendations of the City Engineer in connection with any new grading or drainage of the site relating to said new improvements. Per the City Engineer's February 28, 2006 memo, the District agrees upplied the City with calculations relating to run off from the new turf on the fields to insure the existing storm water storage tank can adequately control the new additional run off. C. The problem of nonresidential traffic generated by the school, referred to in the Recital section above, must continue to be resolved as follows: 3 1 } Cooper High School's existing parking lot located immediately north of the New Hope Elementary School was relocated north to allow 47th Avenue to be extended between Del Drive and Zealand Avenue. A 66' wide right-of- way was dedicated through the parking lot between Del Drive and Zealand. The southerly ROW line was located approximately 50' north of the New Hope Elementary School building. Additional right-of-way was dedicated west of Zealand Avenue abutting New Hope Elementary School and Highview School to provide a full 66' wide right-of-way. (The existing right- of-way was only 60' wide west of Zealand Avenue.) 2) Zealand Avenue became a cul-de-sac opposite 4757 and 4765 Zealand Avenue (45' radius offset to east). Additional right-of-way (60' radius) was dedicated by the School District. The residential portion of Zealand Avenue north of the cul-de-sac accesses 49th Avenue while the southerly portion serving Highview School, Homeward Bound, and the westerly exit to Cooper's parking lot accesses 47th Avenue. A cul-de-sac was not provided on the southerly portion. The City shall continue to properly maintain the southerly portion of Zealand Avenue to Cooper High School's parking lot. 3) Zealand Avenue's east curb line was relocated 10' to west, sidewalk was also relocated allowing for 8' wide boulevard on east side of Zealand Avenue. 4) The City of New Hope and School District equally shared in the cost of the improvements in Zealand Avenue, 47th Avenue, and Cooper High School's 47th Avenue parking lot. The estimated project cost was $600,000 to $700,000. If actual costs exceeded $700,000, it was understood that the new costs required approval of both the New Hope City Council and the Board of the School District. The cost to update, modify and extend the north -south storm sewer between 47th Avenue and 491h Avenue across Cooper High School was New Hope's responsibility. 5) The School District had the option of financing its share of these street and parking lot improvements by petitioning the City for said improvements pursuant to Minn. Stat. Chap. 429. The City assumed construction and financing responsibility for the street improvements. The School District's allocated and agreed upon share of said costs was assessed against their property and paid over time subject to an interest rate mutually acceptable to the parties and a term of up to ten (10) years, as determined by the School District. d. The School District shall continue to comply with all provisions of its proposed June 21, 1994 Traffic Management Plan prepared by Allan Klugman of Westwood Professional Services, Inc., attached hereto as Exhibit A. In addition to the provisions of said plan, the School District shall continue to provide at its cost such police, reservists or attendants which are, in the opinion of the New Hope Chief of Police, sufficient to control traffic at all facility events. This number will be based on maximum crowd capacity. Fewer attendants may be permitted if a significantly smaller crowd is anticipated. 4 e. The School District shall continue to comply with all provisions of its proposed June 30, 1994 AthleticlPhysical Education Complex Management Plan/Operational Plan prepared by R. "Whitey' Johnson, Project Director, attached hereto as Exhibit B- as amend relating to the following issues: 1) Snow Storage. Snow storage in Lot C will be accomplished at the south rather than the north end. 2) Noise. The School District, as part of its 2006 planning application, agreeas its new public address system shall meet MPCA standards and agfee—& to submitted to the City a now Noise Impact Statement thate verifiedy the new public address system will—eemplycomplied with the required Day Time noise levels set out in New Nope Code §9-42(c). 3) Litter. The School District, as part of its 2006 planning application, acknowledges and agreeds there has been an increase in the litter and trash problem in and around the stadium facility and parking lot. The School District continues to and expressly agree that litter and trash collectionlabatement will immediately occur within 24 hours of any and all events at the stadium facility. At a minimum, the Schon, District continues represent that all trash and litter will be picked up after every game or event by the applicable Cooper High School booster organization prior to 11 a.m. of the following day after the game or event and placed in appropriate trash barrels. The site supervisor shall be responsible for collecting a deposit and checking the site after each rental to determine if the Property was properly cleaned. The contents of the trash barrels will be placed in the Cooper High School site dumpster on the next business day of the School District by District staff. The School District continues to alse agrees to publish a telephone number for neighborhood complaints relating to litter problems after facility events. The School District continues to agree to respond to all complaints in an appropriate manner. 4) Facility Usaae. The athletic facility will be limited to the following events/activities: , With thA LOX ApmstFeRq events as pFevided by subseation (v) of this sea -tie -RI as ielle"- i) five (5) varsity home football games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; ii) sixteen (16) varsity home soccer games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; 5 iii) any legitimate daytime school activity; iv) the spring graduation ceremony; V) Armstrong High School events will be allowed at the Cooper athletic stadium only in the event emergency situations prevent Armstrong events from being held at the Armstrong High School athletic stadium. Emergency situations shall be defined as circumstances outside of the control of the School District such as electrical outages or Acts of God which render the Armstrong athletic stadium not useable. This use is subject to the following conditions: (a) The Cooper High School use prohibition of the Armstrong athletic stadium Was,%mended by the Plymouth City Council to permit Cooper High School use of the Armstrong facility in emergency situations. (b) Prior to any Armstrong High School use of the Cooper athletic facility, the School District shall provide the New Hope City Manager, or the Manager's designee, at least 24 hours notice of the intended use and the reasons giving rise to the emergency situation necessitating the use by Armstrong of the Cooper facility. (c) That the City Manager, or the Manager's designee, consents to the Armstrong High School use of the Cooper athletic stadium after consideration of the reasons giving rise to the emergency. It is further agreed City consent will not be unreasonably withheld. vi) sixteen (16) varsity home lacrosse games plus any post season competition with games ending at 9:30 p.m. and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would end at 9:00 p.m. along with use of the stadium public address system; vii) all Cooper High School track events which will end at 6:00 p.m. with the exception of post season track events which end at 9:00 p.m.; viii) Cooper High School band practice between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and between 9:00 a.m. and 6:00 p.m. on Saturday, Sunday or holidays. The stadium public address system shall not be used for band practice; ix) Independent School District 281 elementary and middle school track events during daylight hours on the Monday through Friday period. Use of the stadium public address system, shall be limited to a maximum of six events per year; 0 xj any non -district athletic use and non -athletic community events. All events shall conclude by 9:00 p.m. and may not utilize stadium lights or video board. Use of the stadium public address system for these such events shall be limited to Saturdays between June 1 and August 15 from 1:00 p.m. to 6:00 p.m., with a maximum of eight twe events uses per year. Renters shall be limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. R -^^'MAN old- er,d at 9.39 Br 9.00 P.M. m if GGG erring ren .a -Rat urd-ay S Relay 9F hGliday; x4AO up to one City -sponsored Movies in the Park event per year, including the use of external speakers. 5) Graffiti Abatement. `I ne District expressly agrees any and all graffiti, as defined by New Hope Code section 9-90(b), on and around the stadium facility shall be immediately removed in compliance with the abatement procedures set out in New Hope Code section 9-90(e)(2). 6) ScoreboardNideo Board. The scoreboard may be used for school sponsored events and by renters. Use of the videoboard shall be limited to school sponsored events. Scoreboard speakers will not be utilized. f. The original 1994 Design Plan and the 2006 Design Plan pr-epeses4submitted by the School District shall continue to comply with all conditional use permit standards. These shall include, but not be limited to, the following: 1) Additional bus parking spaces shall be provided, if needed, as determined by the City. 2) All lighting on-site shall be arranged to not reflect onto adjacent property. 3) All signage on-site shall comply with the New Hope Comprehensive Sign Code. g. The School District further acknowledged and agreed to comply with its revised plan to upgrade the athletic facility submitted as part of Planning Case 9414. In addition to the conditions stated herein, these plans included, but were not limited to the following: 1) Additional screening at the west end of the parking lot. 2) Potential parking spaces for 2 more buses. 7 3) Relocation of the perimeter fence to an area immediately north of the field to provide more open space. 4) Location of trash receptacles indicated on the plan. 5) A defined schedule of site improvements for New Hope Elementary School including the following: i) parking lot upgrade including sealcoating and curbing by September, 1997; ii) storm water drainage and deficiencies resolved by September, 1997; iii) the fields west of New Hope Elementary do not properly drain. It is recommended New Hope Park & Recreation Department and the School District review the use of the fields west of New Hope Elementary and evaluate if reconfiguring the fields is beneficial because it is expected excess material from the football/soccer field and street/parking lot improvements could be disposed of in this area to allow the fields to be properly graded to drain. h. The CUP shall be subject to annual review by City staff. The School District afse acknowledges it must comply with all requirements of the Shingle Creek Watershed District and all other governmental entities, if any, having jurisdiction over anytuture upgrade project. 4. Effect of Agreement. The foregoing Conditions of Approval, as set forth in paragraph 3 of the Conditions of Approval , shall constitute a general framework for the proposed City/School District Plan. The City Council's ASA April 22, 201,, approval of the mended ,And Restated Conditional Use Permit, and the Mayor's and Manager's signatures below, are contingent upon the acceptance of the Conditions of Approval by the Board of the School District The parties acknowledge that conditions may change in the future in a manner not contemplated by them at this time. Therefore, the parties agree that these amended and restated Conditions of Approval shall be reviewed at least annually and thereafter may be amended with the consent of both the City Council and the School Board. Date: INDEPENDENT SCHOOL DISTRICT NO. 281 CITY OF NEW HOPE By: Chairman of School Board Independent School District No. 281 I By: Superintendent Independent School District No. 281 Kathi Hemken.MaFti+iF=. Opem, SF. Its Mayor Kirk McDonald , Its City Manager PM torne 1SAS11 Client Filesl2 Cily of N w Ho e199-21904 P Amend to E and Use of H,S. Stadium\Amended nd Restated CUP - redline of 2419 revisions.d cx EXHIBIT A TRAFFIC MANAGEMENT PLAN ( COOPER HIGH SCHOOL ATHLETIC FACILITY I hereby certify that this plan was prepared by me or under my direct supervision anhat i am a d t duly Registered Professional Engineer under the laws of the State ofNfittnesota, Allan S. Klugman Q uP1 Z / Westwood Professional Servi�' �TRATiON Na. DATE 14 t80 West Trunk Ffightvay Inc. Eden Prairie, MN 55344 612/937.5150 Traffic.fo r events at the Cooper Hgh School Athletic Facility shall be managed according to the following plan_ Facility Use Use of the Cooper Athletic Facility without City approval shall be limited to re activities and athletic events. gular school City Staff approval shall be required for any use of the facility for non -school related events. Educational Campaigns/Notifications The School District shall conduct an educational campaign, approved by City StafiEi to advise proper methods of access and parking for home and visiting team_ s, students, faculty and parents Annually, as far in advance as practical, the School District shall provide a schedule of major facility events to each home is the residential area surrounding the school. The notifi shall be as depicted on the attached map, cation area Sciteduli rdiaaEion The School District shall coordinate events so that substantial visitor events atCooper High School or the New Hope Elementary School will not be scheduled concurrentl at the athletic facility. y with major events Operational Management There shall be no parking on residential streets near the athletic complex during major facility events. The no -parking area shall be as depicied on the attached map. One and one-half hours prior to the start of istrict personnel coven ents'. School would otherwise Allow park ng during the majorfac lily events. The i he covers steal state on0 that EMBIT A Parking," Auer the event traffic has cleared, School District personnel shall be responsible for removing the covers. The School District shall use a team of attendants to direct entering vehicles into appropriate Parking lot areas and to direct exiting vehicles onto the City streets. The attendants shall wear identifiable, reflective vests If requested, under the direction of the Chief of Police, the School District will install and remove barricades at the entrances of neighborhood streets Potential barricade locations are listed below: a) Aquila Avenue, south of 47th Avenue North b) Del Drive, south of 47th Avenue North c) Utah Avenue, south of 49th Avenue North and north of 47th Avenue North z d) Virginia Avenue North, south of 49th Avenue North and north of 47th Avenue North e) Zealand Avenue North, south of 49th Avenue North and north of 47th Avenue North 0 48th Avenue North, west of Winnetka Avenue North and east of Virginia Avenue North The barricades will be installed one and one-half hours prior to the start of events. Each barricade will contain a flashing light and a sign stating "Local Traffic Only' and "No Event Parking." Enforcement will include ticketing and towing. Data Collection During the first year of facility operation, for all major events, the School District shall collect attendance (paid and non -paid) and parking lot usage counts. A summary report of the attendance and parking counts shall be submitted for City Staff review. During the first year of facility operation, if requested by the City, the School District will collect intersection turning movement counts for a representative event, at the intersections of Wirmetka Avenue North sed 49ih Avenue North; Winnetka Avenue North and 47th Avenue North; Boone Avenue North and 49th Avenue North, and Boone Avenue North and 47th Avenue North, The traffic counts would be used to determine intersection "level of service." Annual Review of Traffic Management Plan City Staff and the School District shall review the management plan slier several events have occurred, Afterwards the plan shall be reviewed annually. The City and School District may amend the plan iftmf lc operations relative to the athletic facility create impacts not contemplated at the time of adoption of this plan. If crowds to major events consistently do not approach capacity levels, the School District may submit proposed revisions to the plan to reduce or eliminate elements while maintaining proper control of event traffic 1 HOIH 'Hf' M -2- f FZ, s6neONV�,�-- U L V5 r EXHIBIT B INDEPENDENT SCHOOL DHSTRrC.T tAl 1 kiwdda Arco Sckm& Le4rNing /o,r ■ Wild., of IM.c COOPER HIGH SCHOOL ATHLETIC/PHYSICAL EDUCATION COMPLEX MANAGEMENT PLAN June 30, 1994 Complex events at Cooper High School shall be managed according to the following .plan: Comolex Use The Cooper: High School Athletic/pE complp.x will not be shared with Armstrong or Any additional special non -school events will require City of New Ho e� approval, P staff 1 The normal night -use of the complex will be four home football games and seven home soccer.dates. These eleven contests will end by 9;30 p.m. and are exclusive of any post -season competition. During the Spring there will be track meets during the day and the normal graduation program as scheduled in the past. Liuhtina The sighting system shall be designed and operated in a manner to prevent reflected glare ar spill light to meet the City Code of ane foot Candle at the -street center line. Lighting is to be turned off within one-half hour after the completion of an event. ound After installation of the public address system the school district will adjust the decibal 10*110 comply with Minnesota Pollution Control Agency and City of New Hope. Educational, amoalanam The School District shall conduct an educational campaign approved by city staff, to advise proper methods of access, parking and behavior for both visiting teams and home eam students, faculty and parents. This notification is also addressed -in Traffic,Me genie t Plan, Submitted by: Ce/j4lfl K. ey ns ProJect rec or ate EXMIT B 4148 Wrmmerke A,m a Noah Nr Hmra• Ah- -r. TW77 i OPERATIONAL -PLAN : The following operational plan will be in effect for major com lex ev including home football contests and graduation; p ents 1. The School District shall manage events so that oiher substantial visitor events within the campus will not be scheduled at the same time. 2. Trash receptacles are to be located throughout the site as shown on the Plans. The receptacles will be emptied the day after a major field activity and the refuse deposited in the School District's central dumpster system. The School District will send a litter control team through nearby neighborhood streets after game events and prior to 11 a.m. of the next day. The litter control team will be District 281 maintenance staff and will include the following streets: Zealand Avenue North; 49th Avenue North; Virginia Avenue North; and 47th Avenue North. 3. Snow storage will be accomplished at the North bay of Parking Lot "C` and the South end of Parking Lot "D". An abnormal amount of snow will be dealt with using trucks to remove the excess. 4. Tri. The School District will hire off-duty police officers to direct traffic and perform other duties as needed. An annual meeting will be held between school representatives, neighborhood representatives and the Police Chief to determine a mutually agreed-upon number of officers or police reservists if available. The recommended placement of police to help direct traffic after events are 47th Avenue North and Zealand; 49th Avenue North and Zealand; 47th Avenue North and Virginia and 47th Avenue North and Winnetka. The School District shall install and remove barricades under the direction Of the Chief of Police at the locations mentioned in the attached traffic management is allowed barricades d traffic allowedonresidentialmstreetsldurin only and advise g g game events. In the event of a need for additional parking; a plan would be put into Place to include remote parking at District 281 site. Administration building With shuttle bussing and overflow parking west of the New nape Elementary For addifisignal traffic information please refer to a management plan which is attach.g# to this report. 5. All signage will meet City ordinances. 6. Graffiti, trespassing and vandalism will be reduced by security lighting, building materials that resist or make easier the removal of graffiti, and an effort by the District to educate students and apprehend possible violators. 7. Plan a iew. City staff shall have the opportunity to review the management plan with the 5 01 Distr ct a ter several events have occurred. ` Submitted by: Otey o ns roj t hector ate EXHIBIT C February 10, 2006 City of New Hope Attn: Mr. Kirk MacDonald 4401 Xylon Avenue North New Hope, MN 55428 RE: Summary of Proposed Site Improvements Cooper High School 8230 478' Avenue North New Hope, MN 55428 ISD 281 Robbinsdale Area Schools Dear Mr. MacDonald: 1.0 SUMMARY o n!sre�ci sas �1 W RODDIk5NLE area schools A. Independent School District No. 281 proposes increasing the use of the outdoor stadium athletic facility for additional spectator events both with and without use of the public address system. An-amendment(s) to the existing conditional use permit is requested to allow this change in the facility usage of the outdoor stadium. B. ISD 281 proposes various improvements at the site outdoor athletic and physical education facilities of Cooper High School and New Hope School in the next four years. Documents required for the City of New Hope's review of the proposed improvements will be submitted by the district's consultant in late February for the work proposed for 2006 construction. C. The proposed modification to the current outdoor stadium athletic facility public address system will achieve a significant decrease in the current acoustic decibel level impacts from the operation of the current stadium public address system on the adjacent property. The public address system operation will also be adjusted to decrease the acoustic output for the typically smaller spectator events of lacrosse games and soccer games to further decrease the acoustic impacts on the adjacent property. Education Service Canter • 4148 Winnetka Avenue North • New Hope MN 55427-1288.(763) 504.8000 • Fax (763) 504.8973 City of New Hope February 10, 2006 2 2.0 MITIGATION OF SOME OF THE OUTDOOR STADIUM PUBLIC ADDRESS SYSTEM IMPACTS A. The district received input from an area resident at a December 5, 2005 neighborhood meeting that the outdoor stadium public address system imposes objectionable acoustic impacts on the property of that resident. B. ISD 281 retained the services of an acoustical consultant to investigate, model, test, analyze and provide recommendations for reducing the acoustic decibel level impact on the adjacent property from the operation of the stadium public address system. To date ISD 281 has received the decibel level r0pping from the acoustical consultant for the current stadium public address system and for the proposed public address system following completion of proposed modifications to that public address system. Copies of those two drawings are included with this application. C. The existing public address system produces some areas of significant acoustic impacts on the property surrounding the Cooper High School outdoor stadium based on the information received to date from the acoustical consultant. D. The acoustic consultant reports that a significant reduction in decibel level impact on the adjacent property from the stadium public address system can be achieved by the proposed stadium, public address system improvements. The Snal report summarizing the findings, conclusions and recommendations will be available in March 2006. A copy will be forwarded to the City following its completion. 10 PROPOSED SITE IMPROVEMENTS A. Various improvements to the sites outdoor athletic and physical education facilities are proposed to be implemented during the next four year's for the Cooper High School program. Also included ate some proposed improvements to the playfields west of the New Hope Scbool building that are utilized by the Cooper High School softball and soccer programs. Those improvements are summarized below. Remove the existing natural turf system and approximately 12 inches of sub grade soil material and install a new synthetic turf system including its required aggregate sub grade system. City of New Hope February 10, 2006 3 B. Outdoor Stadium, Public Address System Add some additional speakers, reorient some of the existing speakers, replace some existing speakers and modify other associated public address System components to achieve a reduction of the decibel level impact on adjacent property from the stadium public address system operation. C. Outdoor Stadium Concession/Storage Buildings Construct a concession/storage building in the sot&erly portion of the outdoor stadium complex. 2. The size of the proposed concession/storage building will be less then the 2,000 square feet size previously proposed for the Cooper High School site. Plans for the proposed building will be submitted to the City for approval after project funding procurement and design are completed. D. Junior Varsity Football/Physical Education Field Remove the existing natural turf system and some of the existing sub grade soil material and install granular soil mixture, drain file and new natural turf surlhcing and irrigation. E. New Hope School Playfield I . The play6elds located on the West side of the former Now Hope EIementary School are utilized by the Cooper High School girls' softball and soccer programs, 2. The improvements to these playfields' turf system will include sub grade soil system drainage improvements and turf and irrigation improvements. City of New Hope February 10, 2006 4 4.0 PROPOSED SITE IMPROVEMENT SCHEDULE A. The proposed improvements are scheduled to occur during the next four years. B. The reconstruction of the various natural turf systems will require that the respective playfield be out of service for an additional nine to twelve month period following completion of the respective construction listed below to accommodate the turf establishment'and achieve the desired turf quality. C. Project Schedule Milestones for the proposed site improv%nents to the sites' outdoor and athletic and physical education facilities of CAoper High School and the adjacent New Hope School site are summarized below: Item No. Task Scheduled Construction ity Start I End 1. Stadium field turf reconstruction 619106 8130106 2. 1 Stadium public address s tem improvements installation 6119106 8110/06 3. Stadium public address system adjustments for two game events 911/06 9130/06 4. Outdoor stadium ooneessiordstora a building construction 6/10/06 8/20108 S. Junior vaxsi football/physical education field turf reconstruction 6112107 8130107 6. Baseball outfield turf reconstruction 6110108 8130108 7. New H e site soccer/softball field turf reconstruction 6110109 8130/09 D. Consultant prepared drawings will be submitted to the City for the respective projects prior to each of the respective year's project. If you have any questions pertaining to these proposed projects, please contact me. sincerely Gerber, P.E. Facilities Program Director C; Stan Mack John Christiansen Amended &Restated CUP (Clean Version) NEW HOPE PLANNING CASE AMENDED AND RESTATED CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF ATHLETIC STADIUM USE (COOPER HIGH SCHOOL) IN R-1 ZONING DISTRICT INDEPENDENT SCHOOL DISTRICT 281 PETITIONER Recitals In 1994 Independent School District 281 (hereafter "Petitioner") submitted its application to the City of New Hope (hereafter "City) for a conditional use permit ("CUP") for the expansion of the Cooper High School athletic stadium located at 8230 471 Avenue North and legally described as follows: The east %2 of the northwest % of the southeast'/4 and the west Y2 of the northeast'/4 of the southeast 1/4, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota, 2. Petitioner's CUP application, identified as New Hope Planning Case 94-14 was approved by the New Hope City Council by adoption of Resolution No. 94-157 at its October 10, 1994 meeting subject to conditions as set forth in Resolution No. 94-157. 3. Subsequent to the October 10, 1994 approval of the Cooper High School Athletic Stadium CUP, Petitioner requested and received approval of three additional amendments to this CUP per New Hope Resolution Nos. 95-50, 96-145 and 2006-5i. Resolutions 95-05 and Z amended section 3(d)(4)(v) of the Original CUP to permit use of the Cooper Stadium for Armstrong High School events upon the occurrence of emergency situations as approved by the New Hope City Manager. Resolution 2006-57 allowed for expansion of the stadium's use, an update and modification of the public address system, construction of a concession/storage building and replacement of sod/turf on the athletic fields. 4. Petitioner has now submitted a 2019 application for an Amendment to the Cooper High School Athletic Stadium CUP, identified as Planning Case 19-04. The application primarily requests an additional expansion of the stadium's use. 5. The amendments approved by the New Hope City Council as set forth in its Resolution No. 2019- are restated in this Amended and Restated Conditional Use Permit, which shall contain all previous amendments to said Conditional Use Permit. As a result, this mended and estated Conditional Use Permit shall apply and control any inconsistencies between the terms and conditions of this mended and estated CUP and the original CUP and its previous amendments relating to the use of the Cooper High School Athletic Facility. Conditions of Approval Purpose. This Conditional Use Permit sets out the conditions of approval for Petitioner's application to expand the use of the athletic stadium at Cooper High School. The above - referenced recitals shall be incorporated into these conditions of approval as if fully restated herein. 2. Need for Conditions. Cooper High School is situated in the middle of a single-family residential zoning district. It is bordered on the south by 47th Avenue North, on the north by 49th Avenue North, on the west by Zealand Avenue North, and on the east by Virginia Avenue North. These streets are constructed to a residential standard. New Hope City Code requires non-residential school traffic to be channeled to a "collector type" street (i.e. 70' minimum ROW and 44' minimum street width). The referenced streets do not meet these standards. Cooper High School is currently considered a legal non -conforming use. When it was built the City Code did not require a collector street standard for streets serving Cooper High School. The conditional use requirements were passed at a later date (specifically 1979). As a result, Cooper High School is "grandfathered" as a legal non -conforming use despite daily traffic counts from non-residential school traffic exceeding desirable vehicle trips for residential street design. City Code does not permit the expansion of legal non -conforming uses. Due to traffic problems the City has granted the Conditional Use Permit requested by the District contingent upon the following Conditions of Approval accepted by the District. 3. Conditions of Approval. The conditions of approval imposed on Petitioner's original CUP by New Hope Planning Case 94 as amended by Resolution Nos. 95-50, 96-145 and 2006-57 shall remain in effect to the extent they are consistent with the new conditions of approval imposed by New Hope Planning Case 2019-04. Said conditions of approval are restated hereas follows: a. 1994 Design Plan. The original Cooper Athletic facility design plan was subject to the review and approval by the City Engineer. Said review required compliance with the following conditions: 1) The field was moved approximately 120' north and 20' east of its originally proposed location. 2) The field was lowered approximately 7'. 3) Home bleachers were located on west side of field (2,000 seats, 16 rows); visitor bleachers were located on east side (500 seats, 10 rows). 4) The dry detention basin located north of the football field was eliminated to allow the discus and shot put event to be located in this general area. The Shingle Creek Watershed requirements for storm water quality must continue to be satisfied as set out in the Watershed's September 8, 1994 recommendations item 12-8. The City was not required to share in the cost thereof. 5) The existing north -south storm sewer through Cooper High School to 49th Avenue North was given to the City and a 20' wide drainage and utility easement was dedicated over it. The City updated and modified the existing storm sewer as required and extended it to the new low point in 47th Avenue North. 6) The excess material resulting from lowering the field, relocating the parking lot and reconstructing 47th Avenue North was used to construct a berm on the west and north side of the field. Consideration was also given to redirecting the discus area to the east to allow additional material to be placed north of the field. b. 2006 Desiqn Plan. construction of the concession/storage building in the southerly portion of the outdoor stadium complex as the only physical improvement of the District's application which required a building permit. The construction of this building and the other site improvements outlined in Exhibit C approved subject to the following conditions: 1} Prior to the issuance of a building permit for the concession/storage building the District submit both conceptual and detailed design plans for review and approval by the City's Building Official. 2) The size of the concession/storage building was limited to 2,000 sq. feet or less. 3) Regarding all 2006 site improvements set out in Exhibit C attached to the New Hope Planning Case 2006-02 Amended and Restated CUP, the District complied with all recommendations of the City Engineer in connection with any new grading or drainage of the site relating to said new improvements. Per the City Engineer's February 28, 2006 memo, the District supplied the City with calculations relating to run off from the new turf on the fields to insure the existing storm water storage tank can adequately control the new additional run off. C. The problem of nonresidential traffic generated by the school, referred to in the Recital section above, must continue to be resolved as follows: 1) Cooper High School's existing parking lot located immediately north of the New Hope Elementary School was relocated north to allow 47th Avenue to be extended between Del Drive and Zealand Avenue. A 66' wide right-of- way was dedicated through the parking lot between Del Drive and Zealand. The southerly ROW line was located approximately 50' north of the New Hope Elementary School building. Additional right-of-way was dedicated west of Zealand Avenue abutting New Hope Elementary School and Highview School to provide a full 66' wide right-of-way. (The existing right- of-way was only 60' wide west of Zealand Avenue.) 3 2) Zealand Avenue became a cul-de-sac opposite 4757 and 4765 Zealand Avenue (45' radius offset to east). Additional right-of-way (60' radius) was dedicated by the School District. The residential portion of Zealand Avenue north of the cul-de-sac accesses 49th Avenue while the southerly portion serving Highview School, Homeward Bound, and the westerly exit to Cooper's parking lot accesses 47th Avenue. A cul-de-sac was not provided on the southerly portion. The City shall continue to properly maintain the southerly portion of Zealand Avenue to Cooper High School's parking lot. 3) Zealand Avenue's east curb line was relocated 10' to west, sidewalk was also relocated allowing for 8' wide boulevard on east side of Zealand Avenue. 4) The City of New Hope and School District equally shared in the cost of the improvements in Zealand Avenue, 47th Avenue, and Cooper High School's 47th Avenue parking lot. The estimated project cost was $600,000 to $700,000. If actual costs exceeded $700,000, it was understood that the new costs required approval of both the New Hope City Council and the Board of the School District. The cost to update, modify and extend the north -south storm sewer between 47th Avenue and 49th Avenue across Cooper High School was New Hope's responsibility. 5) The School District had the option of financing its share of these street and parking lot improvements by petitioning the City for said improvements pursuant to Minn. Stat. Chap. 429. The City assumed construction and financing responsibility for the street improvements. The School District's allocated and agreed upon share of said costs was assessed against their property and paid over time subject to an interest rate mutually acceptable to the parties and a term of up to ten (10) years, as determined by the School District. d. The School District shall continue to comply with all provisions of its proposed June 21, 1994 Traffic Management Plan prepared by Allan Klugman of Westwood Professional Services, Inc., attached hereto as Exhibit A. In addition to the provisions of said plan, the School District shall continue to provide at its cost such police, reservists or attendants which are, in the opinion of the New Hope Chief of Police, sufficient to control traffic at all facility events. This number will be based on maximum crowd capacity. Fewer attendants may be permitted if a significantly smaller crowd is anticipated. e. The School District shall continue to comply with all provisions of its proposed June 30, 1994 Athletic/Physical Education Complex Management Plan/Operational Plan prepared by R. "Whitey" Johnson, Project Director, attached hereto as Exhibit B amend relating to the following issues: 1) Snow Storage. Snow storage in Lot C will be accomplished at the south rather than the north end. 2) Noise. The School District, as part of its 2006 planning application, agree its new public address system shall meet MPCA standards and submit to the City a Noise Impact Statement verif the new public address 4 system with the required Day Time noise levels set out in New Hope Code §9-42(c). 3) Litter. The School District, as part of its 2006 planning application, acknowledge and agree there has been an increase in the litter and trash problem in and around the stadium facility and parking lot. The School District continues to and expressly agree that litter and trash collection/abatement will immediately occur within 24 hours of any and all events at the stadium facility. At a minimum, the School District continues represent that all trash and litter will be picked up after every game or event by the applicable Cooper High School booster organization prior to 11 a.m. of the following day after the game or event and placed in appropriate trash barrels. The site supervisor shall be responsible for collecting a deposit and checking the site after each rental to determine if the Property was properly cleaned. The contents of the trash barrels will be placed in the Cooper High School site dumpster on the next business day of the School District by District staff. The District continues to agree to publish a telephone number for neighborhood complaints relating to litter problems after facility events. The School District ,�ufwoues to agree to respond to all complaints in an appropriate manner. 4) Facility Usage. The athletic facility will be limited to the following events/activities five (5) varsity home football games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; ii) sixteen (16) varsity home soccer games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; iii) any legitimate daytime school activity; iv) the spring graduation ceremony; V) Armstrong High School events will be allowed at the Cooper athletic stadium only in the event emergency situations prevent Armstrong events from being held at the Armstrong High School athletic stadium. Emergency situations shall be defined as circumstances outside of the control of the School District such as electrical outages or Acts of God which render the Armstrong athletic stadium not useable. This use is subject to the following conditions: 5 (a) The Cooper High School use prohibition of the Armstrong athletic stadium was amended by the Plymouth City Council to permit Cooper High School use of the Armstrong facility in emergency situations. (b) Prior to any Armstrong High School use of the Cooper athletic facility, the School District shall provide the New Hope City Manager, or the Manager's designee, at least 24 hours' notice of the intended use and the reasons giving rise to the emergency situation necessitating the use by Armstrong of the Cooper facility. (c) That the City Manager, or the Manager's designee, consents to the Armstrong High School use of the Cooper athletic stadium after consideration of the reasons giving rise to the emergency. It is further agreed City consent will not be unreasonably withheld. vi) sixteen (16) varsity home lacrosse games plus any post season competition with games ending at 9:30 p.m. and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would end at 9:00 p.m. along with use of the stadium public address system; vii) all Cooper High School track events which will end at 6:00 p.m. with the exception of post season track events which end at 9:00 p.m.; viii) Cooper High School band practice between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and between 9:00 a.m. and 6:00 p.m. on Saturday, Sunday or holidays. The stadium public address system shall not be used for band practice; ix) Independent School District 281 elementary and middle school track events during daylight hours on the Monday through Friday period. Use of the stadium public address system, shall be limited to a maximum of six events per year; x) any non -district athletic use and non -athletic community events. All events shall conclude by 9:00 p.m. and may not utilize stadium lights or video board. Use of the stadium public address system for these such events shall be limited to Saturdays between June 1 and August 15 from 1:00 p.m. to 6:00 p.m., with a maximum of eight uses per year. Renters shall be limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. A) up to one City -sponsored Movies in the Park event per year, including the use of external speakers. 0 5) Graffiti Abatement. The District expressly agrees any and all graffiti, as defined by New Hope Code section 9-90(b), on and around the stadium facility shall be immediately removed in compliance with the abatement procedures set out in New Hope Code section 9-90(e)(2). 6) ScoreboardNideo Board. The scoreboard may be used for school sponsored events and by renters. Use of the videoboard shall be limited to school sponsored events. Scoreboard speakers will not be utilized. The original 1994 Design Pian and the 2006 Design Plan submitted by the School District shall continue to comply with all conditional use permit standards. These shall include, but not be limited to, the following: 1) Additional bus parking spaces shall be provided, if needed, as determined by the City. 2) All lighting on-site shall be arranged to not reflect onto adjacent property. 3) All signage on-site shall comply with the New Hope Comprehensive Sign Code. g. The School District further acknowledged and agreed to comply with its revised plan to upgrade the athletic facility submitted as part of Planning Case 94-14. In addition to the conditions stated herein, these plans included, but were not limited to the following: 1) Additional screening at the west end of the parking lot. 2) Potential parking spaces for 2 more buses. 3) Relocation of the perimeter fence to an area immediately north of the field to provide more open space. 4) Location of trash receptacles indicated on the plan. 5) A defined schedule of site improvements for New Hope Elementary School including the following: i) parking lot upgrade including sealcoating and curbing by September, 1997; ii) storm water drainage and deficiencies resolved by September, 1997; iii) the fields west of New Hope Elementary do not properly drain. It is recommended New Hope Park & Recreation Department and the School District review the use of the fields west of New Hope Elementary and evaluate if reconfiguring the fields is beneficial because it is expected excess material from the football/soccer field and street/parking lot improvements could be disposed of in this area to allow the fields to be properly graded to drain. 7 h. The CUP shall be subject to annual review by City staff. The School District acknowledges it must comply with all requirements of the Shingle Creek Watershed District and all other governmental entities, if any, having jurisdiction over any future upgrade project. 4. Effect of Agreement. The foregoing Conditions of Approval, as set forth in paragraph 3 of the Conditions of Approval, shall constitute a general framework for the proposed City/School District Plan. The City Council's April 22, 201. approval of the mended Restated Conditional Use Permit, and the Mayor's and Manager's signatures below, are contingent upon the acceptance of the Conditions of Approval by the Board of the School District The parties acknowledge that conditions may change in the future in a manner not contemplated by them at this time. Therefore, the parties agree that these amended and restated Conditions of Approval shall be reviewed at least annually and thereafter may be amended with the consent of both the City Council and the School Board. Date: INDEPENDENT SCHOOL DISTRICT NO. 281 CITY OF NEW HOPE By: Chairman of School Board Independent School District No. 281 _ By: Superintendent Independent School District No. 281 _ Kathi Hemken, Its Mayor Kirk McDonald, Its City Manager P:IAttorneylSAS11 Client Filesl2 City of New Hope199-21904 - CUP Amend to Expand Use of H.S. Stadium\Amended and Restated CUP - redline of 2019 revisions.docx 91 a EXHIBIT A r TRAFFIC MANAGEMENT PLAN ( COOPER NIGH SCHOOL ATHLETIC FACILITY I hereby certify that this plan was prepared by me or under my direct supervision and that I duly Registered Professional Engineer under the laws of the State ofIvlinnesota. arts it Z s. tdtrg= 5. K .111111 'a Westwood Professional Services, Inc. REGISTRATION No. DATE 14180 West Truck Nighway 5 Eden Prairie, MN 55344 612/937-5150 Tratiic-r events at the Cooper High School Athletic Facility shall be managed according to the following plan: Facility Use Use of the Cooper Athletic Facility without City approval shall be limited to regular school activities and athletic events. City Staff approval shall be required for any use of the facility, for non -school related events. Educational Campaigns/Notifl ations The School District shall conduct an educational campaign, approved by Cityag to St Proper methods of access and parking for home and visiting teams, students' fiadvise tculty and parrots Annuayy, as far in advance as practical, the School District shall provide it schedule of major facility events to each home in the residatttial area sutroutidirrg tiro ttchoal. The nofiftcatian area shall be as depicted On the attached map. SCheduto6ardination The School Dlahkt shay Coordinate evens so that substantial visitor events at Cooper School or the New Hope Elementary School will not be scheduled concuNigh rrently with major events at the athletic facility. Operational Management There shall be no purlbng on residential streets near the athletic complex during major facility events. The no -parking area shall be as depicied on the attachedmap. One and one-half hours would Prior to the start of events, School District personnel shall place covers over existing signs that otherwise allow parking during the major facility events. The covers shall state "No EXHIBIT A Parking." After the event traffic has cleared, School District personnel shall be responsible for removing the covers. The School District shall use a team of attendants to direct entering vehicles into appropriate parking lot areas and to direct exiting vehicles onto the City streets. The attendants shall wear identifiable, reflective vests. If requested, under the direction of the Chief of police, the School District will install and remove barricades at the entrances of neighborhood streets. Potential barricade locations are listed below: a) Aquila Avenue, south of 47th Avenue North b) Del Drive, south of 47th Avenue North c) Utah Avenue, south of 49th Avenue North and north of 47th Avenue North d) Virginia Avenue North, south of 49th Avenue North and north of 47th Avenue North e) Zealand Avenue North, south of 49th Avenue North and north of 47th Avenue North n 48th Avenue North, west of Winnetka Avenue North and east of Virginia Avenue North The barricades will be installed one and one-half hours prior to the start of events. Each barricade will contain a flashing light and a sign stating "Local Traffic Only" and "No Event parking." Enforcement will include ticketing and towing. Data Collection During the first year of facility operation, for all major events, the School District shall collect attendance (paid and non -paid) and parking lot usage counts. A rz mary report of the attendance and parking counts shall be submitted for City Stafrreview. During the first year of facility operation, if requested by the City, the School District wia collect interswdon ttvft movement counts for a representative event, at the intersections of Wim ctka Avenue North and 49th Avenue North; Winnetka Avenue North and 47th Avenue North, Boone Avenue North and 49th Avenue North., and Boone Avenue North and 47th Avenue North. The traffic counts would be used to determine intersection "level of service." Annual Review of Traffic Management Plana City Staff and the School District shall review the management plan after several events have occurred. Afterwards the plan shall be reviewed annually. The City and School District may amend the plan if traffic operations relative to the athletic facility create impacts not contemplated at the time of adoption of this plan. If crowds to major events consistently do not approach capacity levels, the School District may submit proposed revisions to the pian to reduce or eliminate elements while maintaining proper control of event traffic. EXHIBIT B I INDEPENDENT SCHOOL DISTRICT 281 IbiiGeiele Are. S k,& Lerr"I9 for 4 A/edwe of V0.1j COOPER HIGH SCHOOL ATHLETIC/PHYSICAL EDUCATION COMPLEX MANAGEMENT PLAN June 30, I994 Complex events At Cooper High School shall be managed according to the following .plan: Complex use The Cooper -High School Athletic/PE complex will not be shared with Armstrong or Any additional special u approval. - on -school events will require City of New Hopefstaff.} The normal night -use of the complex will be four home football games and seven home soccer dates. These eleven contests will end by 9:30 p.m. and are exclusive of any post -season competition. During the Spring there will be track meets during the day and the normal graduation program as scheduled in the past, Lighting The lightin system shall be designed and operated in a manner to prevent reflected glare or spill light to meet the City Code of one foot candle at the :street center line, Lighting is to be turned off within one-half hour after the completion of an event, found After instal7yetioe of the public address system the school district will adjust the 11EtIa1 to Hope. New Hope. comply with Minnesota Pollution Control Agency and City of Educational C mnZion The School District shall conduct an educational campaign approved by city staff, to advise proper methods of access, parking and behavior for both visiting teams and ho—team students, faculty and parents. This notification is also addressed -in Tra fi MF genie t Plan. Submitted by:4/3Ol¢� ey ns ro ect Director a e H®IM B 4,4e 15vR-ea A-. Nan* Nr Henn Ah -5— f 5f?7 OPERATIONAL SCAN The following operational plan will be in effect for major complex events including home football contests and graduation: I. The School district shall manage events so that other substantial visitor events within the campus will not be scheduled at the same time. 2. Trash receptacles are to be located throughout the site as shown on the Plans. The receptacles will be emptied the day after a major field activity and the refuse deposited in the School District's central dumpster system, The School District will send a litter control team through nearby neighborhood streets after game events and prior to 11 a.m. of the next day. The litter control team will be District 281 maintenance staff and will include the following streets: Zealand Avenue North; 49th Avenue North; Virginia Avenue North; and 47th Avenue North. 3. Snow storage will be accomplished at the North bay of Parking Cot "C" and the South end of Parking Cot 9)*. An abnormal amount of snow will be dealt with using trucks to remove the excess. 4. Traff c. The School District will hire off-duty police officers to direct traffic and perform other duties as needed. An between school representatives, neighborhood representativesnandwill thebpoheld iice Chief to determine a mutually agreed-upon number of officers or police reservists if available. The recommended placement of police to help direct traffic after events are: 47th Avenue North and Zealand; 44th Avenue and Zealand; 47th Avenue North and Virginia and 47th Avenue North North and Nonnetka. The School District shall install and remove barricades under the direction of the Chief of Police at the locations mentioned in the attached traffic management plan. The barricades will permit local traffic only and advise that no parking is allowed on residential streets during gape events. In the event of a need for addiat tional parking; a plan would e put Into include lgaparking District 2tdonroln piewithshuttebussinndjorovrflowparkingwesftheNewsite, Hope Elementary For addiiE•iomal traffic information please refer to a management plan which is attae' to this report. 5. All signage will meet City ordinances. 6. Graffiti, trespassing and vandalism will be reduced by security lighting, building materials that resist or'make easier the removal of graffiti, and an effort by the District to educate students and apprehend possible violators. 7. Plan ReviM, City staff shall have the opportunity to review the management plan with the S o] Distr t a ter several ." events have occurred. Submitted by: 30 ,teY o ns rodect trector a EXHIBIT C sUil MET 201 0 ROOD I USDALE. February 10, 2006 area schools City of New Hope Attn: Mr. Kirk MacDonald 4401 Xylon Avenue North New Hope, MN 55428 RE; Summary of Proposed Site Improvements Cooper High School 8230 47h Avenue North New Hope, MN 55428 ISD 281 Robbinsdale Area Schools Dear Mr, MacDonald: 1 A SUMMARY A. Independent School District No. 281 proposes increasing the use of the outdoor stadium athletic facility for additional spectator events both with and without use of the public address system, An 'amendment(s) to the existing conditional use permit is requested to allow this change in the facility usage of the outdoor stadium. B. ISD 281 proposes various improvements at the site outdoor athletic and physical education facilities of Cooper High School and New Hope School in the next four years. Documents required for the City of New Hope's review of the proposed improvements will be submitted by the district's consultant in late February for the work proposed for 2006 construction. C. The proposed modification to the current outdoor stadium athletic facility public address system will achieve a significant decrease in the current acoustic decibel level impacts from the operation of the current stadium public address system on the adjacent property. The public address system operation will also be adjusted to decrease the acoustic output for the typically smaller spectator events of lacrosse games and soccer games to further decrease the acoustic impacts on the adjacent property. EdWaffon Service Canter • 4140 Winnelka Avenue North • Now Hope MN 55427.1288 • (763) 504$000 • Fax (793) 504-0073 City of New Hope February 10, 2006 2 2.0 MITIGATION OF SOME OF THE OUTDOOR STADIUM PUBLIC ADDRESS SYSTEM IMPACTS A The district received input from an area resident at a December 5, 2005 neighborhood meeting that the outdoor stadium public address system imposes objectionable acoustic impacts on the property of that resident. R. ISD 281 retained the services of an acoustical consultant to investigate, model, test, analyze and provide recommendations for reducing the acoustic decibel level impact on the adjacent property from the operation of the ttadium public address system. To date ISD 281 has received the decibel level nr9pping from the acoustical consultant for the current stadium public address system and for the proposed public address system following completion of proposed modifications to that public address system. Copies of those two drawings are included with this application. C. The existing public address system produces some areas of significant acoustic 'impacts on the property surrounding the Cooper High School outdoor stadium based on the information received to date from the acoustical consultant. D, The acoustic consultant reports that a significant reduction in decibel level impact on the adjacent property from the stadium public address system can be achieved by the proposed stadium, public address system. improvements, The fatal report summarizing the findings, conclusions and recommendations will be available in March 2006. A copy will be forwarded to the City following its completion. 3.0 PROPOSED SITE IMPROVEMENTS A. Various improvements to the sites outdoor athletic and physical education facilities are proposed to be implemented during the next four years for the Cooper High School program. Also included are some proposed improvements to the playfields west of the New Hope School building that are utilized by the Cooper High School softball and soccer programs. Those improvements are summarized below, Remove the existing natural turf system and approximately 12 inches of sub grade soil material and install a new synthetic turf system including its required aggregate sub grade system. City of Now Hope February 10, 2005 3 & Outdoor Stadium Public Address System 1. Add some additional speakers, reorient some of the existing speakers, replace some existing speakers and modify other associated public address system components to achieve a reduction of the decibel level impact on adjacent property from the stadium public address system operation. C. Outdoor Stadium Concession/Storage Buildings Construct a concession/storage building in the soulerly portion of the outdoor stadium complex. 2. The size of the proposed concession/storage building will be less then the 2,000 square feet size previously proposed for the Cooper High School site. 3. Plans for the proposed building will be submitted to the City for approval after project funding procurement and design are completed. D. Junior Varsity Football/Physical Education Field Remove the existing natural turf system; and some of the existing sub grade soil material and install granular soil mixture, drain tile and new natural turf surfacing and irrigation. E. New Hope School Playfield The playfields located on the West side of the former New Hope Elementary School are utilized by the Cooper High School girls' softball and soccer programs. 2. The improvements to these glayfselds' turf system will include sub grade soil system drainage improvements and turf and irrigation improvements. l 4 . City of New Hope February 10, 2006 4 4.0 PROPOSED SITE IMPROVEMENT SCHEDULE A. The proposed improvements are scheduled to occur during the neat four years. B. The reconstruction of the various natural turf systems will require that the respective playfield be out of service for an additional nine to twelve montb period following completion of the respective construction listed below to accommodate the turf establishment 'and achieve the desired turf quality. C. Project Schedule Milestones for the proposed site improvtments to the sites' outdoor and athletic and physical education facilities ofl$oper High School and the adjacent New Hope School site are summarized below: Item No. Task Scheduled Construction Act. ity Start End 1. Stadium field turf reconstruction 619/06 8130106 2. Stadium public address system improvements installation 6119106 8110106 3. Stadium public address system adjustments for two game events 911/06 9/30106 4. Outdoor stadium concession/stora a building construction 6110106 8120108 5. -Junior varsity football! h sical education field turf reconstruction 6112107 8/30107 6. Baseball outfield turf reconstruction 6110108 -8130108 7. New Hope site soccer/softball field turf reconstruction 6!10109 8130/09 D. Consultant prepared drawings will be subn-dued to the City for the respective projects prior to each of the respective year's project. If you have any questions pertaining to these proposed projects, please contact me. oerely, a ,��jrJs/ac/a Gerber, P.E. Facilities Program Director C. Stan Mack John Christiansen CUP Approval Letter & Points of Clarification i March 28, 2006 Mr. Jim Gerber Independent School Distdct 281 4148 Wirtnetka Avenue North New Hope, MN 55427 Subject: Request for conditimmal use permit amendment to amend the existing conditional use permit regarding number and type of events to be held at ibe outdoor athletic facility and to maks several site improvements at the facility, Planning Case 06-M Please be advised that an March 27 the New Hope City Council approved the request for a conditional use pem-Lit amendment to amend the existing cmulitiortal use permit regarding number and type of events to be held at the outdoor athletic facility and to make several site irnproveme nts at the facility as submitted in Pl mnE ng Can 06-02, subject to the following cmiditlon& 1. The applicant shall submit concept plans for all storage buildings with detailed plans to be submitted with the building permit application 2. Any change in the amount of events as outlined in the applicant's narrative shall require an amendment to the conditional use permit 3. Comply with the city enghwer recommendat€mm including the overall grading and drainage of the site. 4. The building official shat[ verify sound levels at the property litre. S. Public address system must comply with Mirutesota Pollution Control Agency (MPCA) requirements/decibel levels (50 L50 : 55 L10). 6. Latter collection must occur within 24 hours after a stadium event. 7. Graffiti abate mt must comply with city code. The city attorney will be r+evnmg time oondliJbiml use permit amendment and we will forward that to you w&dn the next couple weeks for your review. Please submit final construction plans to Roger Axel, bu ldmg official, for review/approval and to obtain a banding permit prior the start of construcHorn. Cr»r OF NEW .DUPE 4 111 Xylan Avenue North •New Ft:ope, I►dinnescu 8 • www. d.tncw-hope.mn.us City Hall: 76311-6100 * Police (nous%ency): 763-531-5170 r Public Works: 763-592-6777 • TDD: 7E3-531-5109 City Hall Fax 76.353]51361 + Police Fax. 763-531-51:4 a Public Works Fax: 763-592-6776 Mr. Jim Gerber Page 2 March 28, 2006 If you have any questions, please feel free to contact me at 763-531-5119. may, Kirk McDonald Community Development Director cc: Dan Donahue, City Manager $teve Sondrall, City Attorney Vince Vander Top, City Engineer Roger Axel, Building Offidal Valerie Leone, City Clerk Planning Case File 06-02 Property File (8230 47th Avenue) City of New Hope and Robbinsdale Area Schools Use of Robbinsdale Cooper High School Athletic Stadium Conditional Use Permit, Amendment, approved 3/27/06 by the New Hope City Council Pertaining to: Section on conditions of Approval, S. Conditions of Anpraval e.4) Facility Usage x) and xil Clarification of Document on Page 6 (community use of the stadium) On July 7, zou9, at New Hope City Hall, a meeting was held to clarify the intention of the Conditional Use Permit (CUP) to more effectively process requests from the community for use ofthe Robbinsdale Cooper High School athletic stadium. Representatives from the City of New Hope were Kirk McDonald and Curtis Jacobsen. Representatives from Robbinsda le Area Schools were AI Ickler and Linda Kemper. POINTS OF CLARIFICATION Non -athletic community event x) .page 6 1. Non -athletic community events are unlimited in number. These events should be community based and require an audience of at least 50 percent district residents. 2. Concerts are prohibited. 3_ The public address system is limited In use to two events per year. These events will be determined by Robbinsdale Area Schools administration. No outside public address system will be permitted. Local youth athletic association game A) page 6 1. The terminology "youth athletic association' should be interpreted as "youth athletic game". The strict Interpretation of term "youth athletic association" is too limited in scope and will not be applied to requests for use of the stadium. 2. Athletic events held in the stadium are unlimited in number. 3. All athletic events are for youth participation (age up to 18 years) only. No adult athletic events are permitted. 4. Athletic groups or organizations using the stadium are required to have 50 percent or more of their participating youth residing in the Robbinsdale Area Schools community. Athletic and non -athletic community events x) and A) page 6 1. Attendance at any event is limited to the numbers allocated by seating and parking restrictions. To be determined by the district administration. 2. No stadium lights will be permitted for any nonschool activity 3. No food or use of the concession stands will be permitted for nonschool activities 4. All community use of the stadium should begin no earlier than 9:00 a.m. and end no later than 9.00 p.m. This applies to weekdays, weekends and holidays. 5. There are no restrictions on which days of the week community use can be scheduled. 1uly, Zoos DRAFT Minutes CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES March 5, 2019 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, Bill Smith, Michael Redden Absent: Matt Korkowski Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Jeff Alger, Community Development Coordmator/Management Analyst; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant, Chris Long, City Engineer; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Chair Schmidt introduced Item 4.1, a conditional use permit (CUP) {Tanning Case 19-04 amendment to expand use of outdoor athletic stadium, 8230 47th Avenue I tem 4.1 North, Robbinsdale Area Schools, petitioner. Mr. Jeff Alger, Community Development Coordinator/Management Analyst, gave background on the case. The CUP for the athletic stadium was initially approved in 1994. In 2006, the CUP was amended to expand the number & type of events allowed at the athletic stadium. Robbinsdale Area Schools has submitted an application to request the changes to the CUP. 1) Eliminate the requirement that at least 50% of audience in attendance at events must reside within the district. 2) Eliminate the provision limiting use of the public address (PA) system to two events per year and allow unlimited use between 9:00 am and 9:00 pm. 3) Eliminate the requirement limiting use of the stadium to youth. 4) Eliminate the requirement that at least 50% of participants reside within the district. 5) Eliminate the provision prohibiting use of stadium lights for non -school activities & permitting use for any activity between 9:00 am and 9:00 pm. 6) Eliminate the provision prohibiting use of the concession stand during non -school activities & permitting its use for any activity that follows the district's rental permitguidelines. Next, Alger explained more details regarding the athletic stadium use. Robbinsdale Area Schools anticipates hosting events such as youth and adult soccer, football, and lacrosse games, arts & craft fair, and a "Movies in the Park" event. Non -school events would require the supervision of a stadium manager. Security, sanitation, and control of lights and sounds would be included in the rental agreement. The use of alcohol and tobacco would remain prohibited. Any complaints regarding the events would be directed to the stadium manager or the school district staff. 'There have been recent upgrades to the lighting and PA system to help reduce the negative impact to neighbors. Alger concluded that proper legal notice and mailing notice were given. Staff did receive feedback regarding this planning case. Comments and concerns focused on the use of the PA system, number of events, time of events, length of events, increased traffic and wear and tear on the roads, people lingering after events, parking in neighborhoods, and car break- ins during events. Staff is recommending that the Planning Commission review and offer comment and open the public hearing for comments. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Commissioner Redden asked for clarification on how this CUP amendment would not decrease the land values in the area. Alger responded that staff took into account all the restrictions that are associated with the CUP and felt would not cause a depreciation in the neighboring land values. Commissioner Redden asked that some of the restrictions be verbalized so residents in the audience could be made aware. Alger stated there were many regulations included in the CUP from the 1996 and 2006 amendments, some of which included: Building Official is to verify sound levels at property lines; litter is to be cleaned up within 24 hours of event; graffiti to be abated per city code, etc. Chair Schmidt then invited the applicant to the podium, John Oafkee, Activities and Athletic Director for Cooper High School, 8230 47th Avenue North. Commissioner Redden asked for clarification on how many additional events might occur. Mr. Oafkee stated the normal school usage would continue during the school year. Summer provides more time for potential rentals of the stadium. Chair Schmidt asked for a specific number. Mr. Oafkee stated it could be an additional 2 events per week for practices or camp. These additional usages would not result in much of an audience for practices and would not utilize the PA system. Commissioner Clark asked if the school district would be willing to go back to the original CUP provision of the PA system usage, which was limited to 2 events per year. Mr. Oafkee said the main reason for including no restrictions for the PA system in this request was to have the flexibility to potentially rent the space to additional groups. Commissioner Brinkman asked what the rental fees are for the athletic stadium. Kristine Wehrkamp, Community Education Director came to the podium and explained the rental fees ranged from $25 per hour to $200 per hour. There are criteria the school district follows to determine the rental amount that is charged. For example, in -district groups would receive a lower rate than non -district groups. There is also a $400 deposit for .large activity usage. Commissioner Brinkman asked if the staff manager is hired by the city or by the school district. Kristine Wehrkamp stated the school district is responsible for hiring the managers. Commissioner Redden clarified there is a prohibition for no concerts and that will remain. The "Movie in the Park" would be the only event that could potentially go later into the evening. Chair Schmidt said prior 2 Planning Commission Meeting March 5, 2019 planning cases have had a 10:00 pm noise restriction, so this case provides a more restrictive noise timeframe. Chair Schmidt also asked if the "Movie in the Park' event is planning to be a one-time event since Civic Center Park will be under construction this summer. Mr. Alger stated for now it is a one-time event. If the event results in a positive experience and is well attended, staff and the school district may consider another "Movie in the Park' event. Jeff Sargent stated the Relay for Life event held each year at Cooper is brought to the City Council for special approval. This is required due to the lights and PA system being used after the 9:00 pm cut-off time. The Planning Commission could add a condition to keep the use of the PA system to two non -athletic events per year. If the school district receives more than two non -athletic inquiries for use of the PA system, the request could be brought to City Council for approval. Commissioner Smith was concerned with the number of items the school district is asking to amend. Motion by Commissioner Redden, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. Mary Arnold, 8000 47th Avenue N, New Hope, stated concern for the increase of traffic on 47th Avenue N, as that is the only way into the parking lot. Families with kids are moving in and there is a park nearby. If this request is approved, consideration will need to be taken regarding ways to control speed and increased traffic. Shawn McMillen, 4809 Zealand Avenue N, New Hope, expressed concern for the school district not meeting the conditions that were part of the 1994 and 2006 amendments. The school district did clean up trash after events during the first year, but has not done so since. Loud music is played before, during, and after games on weekends. Mr. McMillen stated he has reported the noise issues to the school district staff and city staff and nothing has been done about it. He is wondering who benefits in addition to the school district and if the city is receiving any of these funds from additional rentals. Charles Hobgson, 4849 Aquila Avenue N, New Hope, loves hearing the school band and cheering coming from games. School districts want kids to have a place to go and be involved with organized activities. The students would benefit from the CUP amendment. Kym Fischer, 4901 Zealand Avenue N, New Hope, stated that the recent road improvements have increased traffic in the area. Additional activities at the athletic stadium will increase traffic even more. Fischer has concern over the potential for parking issues and the number of events that will be held. Dan Smith, 4608 Aquila Avenue N, New Hope, stated he resides beyond the 500 -foot public hearing mailing radius and can hear everything going on at the athletic stadium. He said some noise is understandable, 3 Planning Commission Meeting March 5, 2019 but he hears noise all the time and not just the few events per year. Amura Freidson, 4909 Wisconsin Avenue N, New Hope, stated the Public Hearing Notices were vague and would like the city to provide a more accurate description of what was actually requested by Robbinsdale Area Schools. Freidson wants to know a specific number of events and would like the uses to be limited. She feels home values will be negatively impacted and traffic will be increased. Ellen Snapco, 4625 Aquila Avenue N, New Hope, expressed she was in favor of the CUP changes and thinks the space should be utilized more than what it is. David 8400 49th Avenue N, New Hope, stated he is opposed to an increase in the PA system use. James Gabrielson, 8208 49th Avenue N, New Hope, stated he is not against a place for kids to play and have their games. He is opposed to the adult leagues and non -district groups coming in to use the athletic stadium and creating additional noise through the PA system. Joe Inserra, 4940 Xylon Avenue N, New Hope, said the school district has not been cleaning up trash after events. He questioned why these new requests should be granted when the school district is not following the requirements of the current CUP. Daryl Fields, 8224 49th Avenue N, New Hope, stated his concerns were regarding the weeds not being controlled, the PA system is too loud, and since taxpayers paid for the athletic field, outside groups should not be allowed to utilize it. Michelle Urbancic, 4509 Aquila Avenue N, New Hope, does not want the PA system to be used. Valerie Scarple, 47th & Virginia Avenues N, New Hope, stated there is already a lot of traffic and an increase in athletic stadium use may increase traffic too much. The amount of litter from events and the loudness of the PA system are also areas of concern. Scarple questioned what the revenue will be used for and why Cooper High School needed to do this instead of Armstrong High School. Kevin Halker, 4801 Zealand Avenue N, New Hope, said he likes having events at the athletic stadium, but is not in favor of an unlimited use of the athletic stadium and the PA system. Kay Deutsch, 4913 Zealand Avenue N, New Hope, stated she was not in favor of non-resident groups using the facility, and does not want the PA system used. The proposal should not pass with no conditions associated with it. Linda Freidson, 8001 29th Avenue N, New Hope, said schools are for students and learning, and not for renting space; there needs to be 4 Planning Commission Meeting March 5, 2019 limitations. Stephanie Cook, Winnetka Ave N, New Hope, said this is one of the few districts that does not already rent facilities. She feels the athletic stadium should be utilized and would be a good source of revenue. Motion by Commissioner Clark, seconded by Commissioner Landy, to close the public hearing. All present voted in favor. Motion carried. Commissioner Clark provided an explanation of the case from his perspective. There are issues brought up that are already addressed in the existing CUP language. There needs to be a better relationship between the city, school district, and residents. As part of the 2006 amended and restated CUP, it is spelled out where the responsibility lies in regards to cleaning up the trash after events. That is something that will be addressed between the city and school district. The decibel plan is laid out in the existing CUP language and it is not known if that is currently being followed. The 2006 CUP language includes an exhaustive list of the types of events that could be held at the athletic stadium. This language also provides limitations to the PA system usage. For this case, the term "community events" should be defined as to what type of events are considered for the community. For this CUP, the school district needs to come back to the city and give specific details on the number of events to be held, have limitations on the PA system usage during non -athletic events, the number of nights the stadium lights can be used. Staff should prepare a recommendation for the usage of the PA system and lights. Commissioner Landy added he would like, in addition to Commissioner Clark's comments, the volume of traffic looked into. Commissioner Smith thanked everyone in attendance for the feedback. The Planning Commission is a stepping stone to the City Council and any comments and concerns heard at the meeting are relayed back to staff and council. Commissioner Redden addressed a few of the comments brought forth by the residents in attendance. The city does not address anything with school budgeting. All of those topics would be referred to the school's referendum. The city will not receive any funds from passing this CUP amendment. Mr. Sargent agreed, and explained the reason why the city is involved in this case is that the requested changes to the current CUP require City Council approval. Commissioner Brinkman said the school district should not be involved in non -school events. Motion Motion by Commissioner Clark, seconded by Commissioner Landy, to Item 4.1 table for future discussion Planning Case 19-04, a conditional use permit (CUP) amendment to expand use of outdoor athletic stadium, 8230 47th Avenue North, Robbinsdale Area Schools, petitioner Planning Commission Meeting March 5, 2019 Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Redden Voting against: None Absent: Korkowski Motion approved 8-0 Chair Schmidt stated the case will be brought back at a future meeting for discussion. Commissioner Redden clarified this case will be tabled so clear guidance could be provided to Robbinsdale Area Schools as to the next steps. Stacy Woods, Assistant City Attorney, and Al Brixius had discussion regarding a 60 -day extension, it was determined a request for the 60 -day extension would need to be filed. Mr. Sargent clarified with Stacy Woods if the Planning Commission could only recommended tabling the planning case, or if they could actually table the case. Stacy Woods stated the case was tabled. PUBLIC HEARING Chair Schmidt introduced Item 4.2, preliminary and final plat approval, Planning Case 19-05 rezoning, and planned unit development (PUD) to subdivide city -owned Item 4.2 property north of the railroad tracks to facilitate the development of 32 detached single-family homes, SVK Development LLC, petitioner. Mr. Aaron Chirpich gave background on the case. The city -owned site will be subdivided to create detached single-family homes. SVK Development LLC, based out of Crystal, is now in negotiations with the city of New Hope, and has signed a purchase agreement with the city to acquire the vacant site. The applicant wishes to plat the property and create 32 single-family lots. The proposed development includes a mix of home styles including, split -entry, two-story, and rambler. The applicant has named the proposed development Windsor Ridge. Next, Chirpich reviewed the zoning analysis. The property is currently zoned R-1, Single -Family Residential. The applicant is proposing to rezone the property to Planned Unit Development (PUD) to allow flexibility in lot width and lot area to allow for a higher density project. There are two other PUD developments within New Hope, Winnetka Green and Parkview, that were also rezoned PUD to allow for higher density projects. Chirpich compared the lot requirements of the PUD lots vs. the traditional lots in New Hope. The anticipated sale prices range for the spectrum of units is between $350,000 and $420,000. Chirpich showed pictures of each of the proposed home styles along with interior pictures to show the types of amenities that would be included. The proposed subdivision will be served with a loop road that connects Pennsylvania Avenue to the west in New Hope, and Louisiana Avenue to the east in the city of Crystal. A sidewalk will be included on the south side of the street that will connect with Iron Horse Park in Crystal. Due 6 Planning Commission Meeting March 5, 2019 landscaping); 2) signs are necessary to assist with the overall traffic circulation on site and to minimize impact on neighbors; 3) the increased size of the directional sign will provide visibility for truck traffic management; 4) location of signs will not impede access to public utilities or endanger others; and 5) it is important to preserve landscaping along the sound wall. The Council supported the variance requests. RESOLUTION 06-56 Council Member Sommer introduced the following resolution and moved its Item 8.1 adoption:"RESOLUTION APPROVING PLANNING CASE 06-01, REQUEST FOR VARIANCE FROM THE GROUND SIGN SETBACK AND SIZE REQUIREMENTS OF SIGN CODE, 8201 54TH AVENUE NORTH, ROSEVILLE PROPERTIES MANAGEMENT COMPANY, PETITIONER.- The ET TIONER.-The motion for the adoption of the foregoing resolution was seconded by Council Member Gwin-Lenth, and upon vote being taken thereon, the following voted in favor thereof: Opem, Gwin-Lenth, Hoffe, Nolte, Sommer; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adovted, signed by the mayor which was attested to by the city clerk. PLANNING CASE Mayor Opem introduced for discussion Item 8.2, Planning case 06-02, request 06-02 for conditional use permit amendment regarding number and type of events to Item 8.2 be held at the outdoor athletic facility and to make several site improvements at the facility, 8320 471h Avenue North, Independent School District No. 281/Cooper High School, petitioners. Mr. Kirk McDonald, director of community development, explained the petitioner's request for a conditional use permit (CUP) amendment regarding the number of type of events to be held at the outdoor athletic facility and various proposed site improvements. He stated the planning commission reviewed the request at its meeting of March 8 and recommended approval subject to the following four conditions: 1) submission of plans for the storage building; 2) future changes in the number of events shall require an amendment; 3) compliance with city engineer's recommendations; 4) verification of sound levels at the property lines by both the city and school district's acoustical consultant. Mr. McDonald illustrated the property located within an R-1 zoning district (single family residential) and explained the lot size containing 35 acres. He stated schools are authorized in R-1 zoning districts with a CUP. Mr. McDonald advised that in 1994 the original CUP for the athletic facility was approved; in 1996 a resolution was approved allowing Armstrong High School and Cooper High School to use one another's facility if an emergency arose making one of the facilities unusable; and in 1999 the CUP was amended for the construction of gyms (a joint effort with the city), additional tennis courts, and a 2,500 -square foot storage building (the building was not constructed). He reported that Independent School District 281 (ISD 281) desires to utilize the outdoor stadium for various events which were not addressed in the current conditional use permit and would like the CUP to encompass all actual events on the site New Hope City Council March 27, 2006 Page 6 including: football — 5 games plus post season play; soccer (male and female) - 16 games, plus post season play; daytime school activities; graduation events; Lacrosse (male and female) — 16 games, plus post season play; track events; band practices will end by 9 pm weekdays/6 pm on weekends (without use of the pubic address system); community events (such as Relay for Life but no concerts) and the use of the public address system limited to two events per year; unlimited youth events (two events may use PA system per year); and baseball daytime sporting events. He stated ISD 281 will maintain its current practices for the property and parking lots (parking lot capacity is adequate without the need for additional on -street parking). He reported that the proposed changes to the outdoor athletic and physical education facilities include replacement of stadium sod with synthetic turf, replacement of sod on the baseball fields, construction of a concessions/storage building, and improvements to the public address sound system. Mr. McDonald stated modifications are planned for the existing outdoor stadium public address system to decrease the decibel level impact for surrounding properties, and the modifications will conform to state and city noise standards and be based on an acoustic consultant's report. He reviewed the proposed project schedule: 2006 — reconstruct stadium field with synthetic turf; 2007 — reconstruct natural turf at junior varsity baseball field; and 2008 — reconstruct natural turf for varsity baseball field and construct concessions/storage building. Mr. McDonald illustrated elevation drawings of the proposed concessions/storage building (1,440 square feet in size) and reviewed proposed construction materials. Mr. McDonald stated the school district conducted two neighborhood meetings on December 5, 2005, and February 16, 2006, and the city only received a few calls from residents concerned about the proposal (mainly noise and trash control). In conclusion, Mr. McDonald expressed staff's support for the improvements to the high school athletic facilities in the city as an improvement for the entire community. The council inquired of the time line for improvements of the public address system. Mr. McDonald stated the PA system improvements are part of the site improvements and would be accomplished in 2006. He also reported that the PA system would meet the Minnesota Pollution Control Agency's (MPGA) guidelines. Mr. Jim Gerber, director of facilities for Robbinsdale School District, was recognized. He mentioned acoustic concerns were expressed by area residents at the neighborhood meetings. He reported that the school district retained the services of an. acoustics consultant, and noise measurements have revealed elevated decibel levels around the perimeter of the school property. He stated the public address system/amplifier will be modified to diminish the noise impact to abutting properties. He also noted that operation of the public address system is Iimited to varsity level games (five football games, 16 soccer games, New Hope City Council March 27, 2006 Page 7 and 16 lacrosse games plus any post season play for varsity games). He also reported on traffic and noted the events being added to the CUP have lower spectator counts and will therefore have a minor impact. Mr. Gerber also commented regarding concerns regarding trash. He assured the council of the school district's desire to keep the site well maintained and that trash (on the site and parking lots) is removed as the snow melts in the spring. Mayor Opem asked whether the CUP will require the school district to comply with MPGA noise guidelines. Mr. Gerber confirmed that the district would comply and noted the acoustic consultant will measure the decibel level at varsity football and soccer games during the 2006 season. Mayor Opem inquired whether the district is willing to assume a more active role with litter cleanup. Concerns were raised that the new concessions/storage building could increase litter. Mr. Gerber reported that the booster club is paid a stipend to clean the stadium grounds after events. He stated the school already has a concession facility, and the new concessions area within the storage building will offer the same type of pre-packaged products so the litter should not worsen. Mr. Gerber expressed a willingness to increase the level of litter and trash collection. Council Member Sommer recommended policing of grounds within 24 hours of events and continuous grounds maintenance for the parking lots. The city council expressed its support for the improvements and noted the benefits reaped by the entire community. Staff was directed to amend the resolution to include three additional conditions for approval: 1) public address system must comply with Minnesota Pollution Control Agency requirements/decibel levels; 2) litter collection must occur within 24 hours after stadium events; and 3) graffiti abatement must comply with city code. RESOLUTION 06-57 Mayor Opem introduced the following resolution and moved its adoption: Item 8.2 "RESOLUTION APPROVING PLANNING CASE 06-12, REQUEST FOR CONDITIONAL USE PERMIT AMENDMENT TO AMEND THE EXISTING CONDITIONAL USE PERMIT REGARDING NUMBER AND TYPE OF EVENTS TO BE HELD AT THE OUTDOOR ATHLETIC FACILITY AND TO MAKE SEVERAL SITE IMPROVEMENTS AT THE FACILITY, 8230 47TH AVENUE NORTH (PID #07-118-21-41-0001), SUBMITTED BY INDEPENDENT SCHOOL DISTRICT 281/COOPER HIGH SCHOOL." The motion for the adoption of the foregoing resolution was seconded by Council Member Nolte, and upon vote being taken thereon, the following voted in favor thereof: Opem, Gwin-Lenth, Hoffe, Nolte, Sommer; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adoptedsigned by the mayor which was attested to by the city clerk. IMP. PROD. 793 Mayor Opetn introduced for discussion Item 8.3, Update on the potential Item 8.3 development of the city -owned property near the railroad at 52nd and Pennsylvania avenues (improvement project no. 793). New Hope City Council March 27, 2006 Page 8 RESOLUTION 94-156 Councilmember Wehling introduced the following resolution and moved its Item 7.1 adoption: "RESOLUTION VACATING UTILITY AND DRAINAGE EASEMENT IN PROPOSED CAMERON ADDITION". The motion for the adoption of the foregoing resolution was seconded by Councilmember Otten, and upon vote being taken thereon, the following voted in favor thereof: Otten, Erick, Williamson, Wehling; and the following voted against the same: None; Absent: Erickson; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. PLANNING CASE Mayor Pro tem Erick introduced for discussion Item 8. 1, Planning Case 94- 94-14 14, Request for Conditional Use Permit Amendment and Site/Building Plan Item 8.1 Review/Approval to Allow Expansion of School Uses in an R-1 Zoning District, 8230 47th Avenue North, Independent School District No. 281 (Cooper High School), Petitioner. Mr. Dan Donahue stated this planning case was tabled by the City Council on August 8th. At the September 12th Council meeting a motion was approved to accept public comment on this matter at the September 26th Council meeting. On September 26th a revised concept plan that was being discussed by the School District and the City was presented and public comment was received on the issue, Mr. Donahue reviewed the school needs versus the city needs. He outlined the current proposal and conditions of approval. Mr. Donahue emphasized that the proposal is a staff proposal only as it has not been formally approved by either the City Council or School District. The site plan was illustrated and a draft resolution was distributed to the Council and audience. Conditions of approval contained in the document were reviewed (location of field, bleachers, parking lot, reconstruction of 47th Avenue North, creation of Zealand Avenue cul-de-sac, snow storage, noise, litter, facility usage, and New Hope Elementary School parking lot upgrades by September of 1997). Mr. Donahue stated it is proposed that the City of new Hope and the School District equally share in the cost of the improvements in Zealand Avenue, 47th Avenue, and relocating Cooper's parking lot north of New Hope Elementary. The estimated project cost is 9600,000. to $700,000. The cost to update, modify and extend the north -south storm sewer between 47th Avenue and 49th Avenue across Cooper High School shall be the City's responsibility. Mr. Donahue stated the resolution states that the conditional use permit for the athletic facility expansion shall be effective upon receipt of site and building plans acceptable to the City which incorporates the "Conditions of Approval". The City will be responsible for all street and parking lot plans. He noted the School Superintendent agrees to the outline In concept but the proposal has not yet been approved by the School Board. Councilmember Wehling questioned the cost of constructing the Zealand Avenue cul-de-sac. Mr. Mark Hanson, City Engineer, replied that the cost Is approximately $117,000. He stated traffic counts on Zealand going north to 40th is 800 AL vehicles. The traffic count going west onto Zealand is 300 vehicles. New Hope City Council October 10, 1994 Page 3 Councilmember Wehling asked whether consideration was given to moving the parking lot to the back side of the school to access 49th Avenue, Mr. R. "Wh€tey" Johnson, Project Director, responded indicating the property behind the school is valuable to physical education programs as well as athletic programs. He mentioned cost was another deterrent. School officials felt interference with school programs was the biggest problem with exiting onto 49th from behind the school. Councilmember Williamson expressed concern regarding the movement of traffic and the shifting of 800 vehicles from Zealand onto 47th Avenue. She noted it would behoove the City to widen 47th and install tum lanes. Mayor Pro tem Erick noted street and parking lot issues will be part of the plan which need to be finalized with the School District to be mutually beneficial. Councilmember Otten commented that the plan is preliminary and final details will have to be resolved by working with the neighborhood and school district for satisfactory solutions. Councilmember Wehling questioned the lanes proposed from 47th onto Boone Avenue. Mr. Donahue stated the intent is for three lanes Ione lane for vehicles entering 47th from Boone; and two lanes for vehicles exiting 47th onto Boone). Councilmember Wehling expressed support for utilizing excess dirt for the New Hope Elementary ballfields. Mr. Brill, Attorney for School District #281, addressed the Council. He stated the draft proposal has been reviewed by the superintendent but has not received careful review by the school district staff or engineers. He suggested that the Council approve the plan in concept rather than approving the conditional use permit to allow review and concept approval by the school district as well. Mayor Pro tem Erick informed Mr. Brill that the City Council is responding to the School District's request. He explained that the conditional use permit is subject to preparation of acceptable site and building plans incorporating the conditions of approval. Mr. Brill stated he does not believe the School Board will object to any of the original commitments, however, there are new items which the School Board needs to review. Councilmember Williamson asked for clarification from the City Attorney relative to the terms contained in the resolution. Mr. Steve Sondrall, City Attorney, referred to conditions of approval on page 6 which indicates the agreement is the general framework for the proposed alternate plan. He stated adoption of the resolution will bind the City Council to the conditions of approval which are stated in the document. He recommended amending the resolution by adding a fourth Item stating the documents would be executed by respective city and school officials. The school district could request modifications to the New Hope City Council October 10, 1994 Rage 4 conditions, but this document is a starting point. Councilmember Williamson expressed reservation of construction of the Zealand Avenue cul-de-sac. She noted traffic will disperse more quickly with as many exits as possible. She pointed out that there is an extra cost by narrowing Zealand Avenue and creating a larger berm. She recommended eliminating items 2 and 3 on page 3. Councilmember Otten asked the City Engineer to provide the rationale for the cul-de-sac. Mr. Hanson, City Engineer, stated that the school is in a residential neighborhood and it is more efficient to move traffic on 47th to Boone Avenue versus Zealand Avenue which would keep traffic in a residential neighborhood longer. He stated the intersection at 49th and Zealand is offset and is not a safe situation. This would also add traffic to 49th Avenue which already carries 5,000 vehicles per day. He commented that narrowing Zealand Avenue's street width from 40 to 30 feet allows an increase in the berm height to shield the bleachers. From an engineering standpoint he recommends the cul-de-sac on Zealand Avenue. Mr. Donahue stated New Hope code requires non-residential school traffic to be channeled to a "collector type" street. Councilmember Wehling questioned changes to Virginia Avenue. Mr. Hanson stated the three streets which serve Cooper High School are 47th, Virginia, and Zealand. He stated there is no intention to change Virginia Avenue. The school buses park there for loading. Traffic counts on Virginia were approximately 200 vehicles. Councilmember Wehling suggested encouraging traffic to go out to Boons in an effort to lessen the traffic traveling east on 47th. Mr. Hanson stated balance traffic counts may occur when improvements are made on 47th west of the school. After listening to staff explanation regarding the need for the Zealand cul- de-sac, Councilmember Wehling conveyed that she has a greater comfort level with the proposed plans. Mayor Pro tem Enck thanked city staff and school district staff for their efforts in working towards an acceptable compromise. He opened the floor for public comment. Ms. Lynn Struck, 9233 40-112 Avenue North, was recognized. She expressed concern with traffic on 47th Avenue. She questioned whether 47th is designated as a collector street. Mayor Pro tem Erick stated 47th Avenue is not a collector street. Ms. Struck noted there are several homes along 47th Avenue between Cooper and W rinatka Avenue. She noted the street shown on the plan appears narrow. She agreed with Counciimember Williamson that re-routing the 200 vehicles which normally travel Zealand onto 47th Avenue puts an undue burden on the 47th Avenue residents. Ms. Struck also pointed out that 47th and Boone may become very congested especially with morning traffic. Mr. Hanson stated there are no plans to change 47th Avenue from Virginia dowil New Hope City Council October 10, 1994 Page 5 Avenue to Winnetka. He commented that the City will meet with the neighborhood to inquire whether they desire a parking lane along the south side, and if so, the street would have to be widened two feet between Virginia and Utah. He reviewed the existing street widths along 47th -- Avenue stating it is 40 feet wide at Winnetka, 30 feet wide between Virginia and Utah, 40 feet wide between Virginia and Del Drive, 180 feet at the high school parking lot, and 30 feet wide at 47th. In defining 47th Avenue as a through street, it will have to be reconfigured in certain areas. Mr. Joe Dwyer, 6247 Edgemont Boulevard, commented regarding the width of 47th Avenue. Mr. Hanson reiterated that the City would like to receive input from the neighborhood prior to making final plans regarding street width. The right- of-way proposed through the school's property (north of New Hope Elementary) shown on the drawing is 66 feet wide as a three -lane street. Mr. Dwyer asked if the street changes would cancel the non -conforming use issue so that this process would not have to be repeated if there is another change at the athletic facility in the future. Mayor Pro tem Erick pointed out that Cooper is a legal non -conforming use and may change with the proposal but he cannot foresee the future. Mr. Dwyer also questioned whether the proposed Zealand Avenue cul-de- sac length exceeds safety standards. Mr. Steve Adams, 4817 Zealand Avenue North, advised the Council that motorists travel Zealand rather than 47th to Boone because it is an unobstructed roadway and allows for greater speed. He noted the cul-de- sac would be a good compromise and should be given strong consideration. Mr. Frode Jespersen, 4757 Zealand Avenue North, questioned the location of the cul-de-sac and asked whether he would be responsible for snow removal. Mr. Donahue stated the public works department will plow the cul-de-sac but the property owner will continue to be responsible for maintaining his own driveway. Snow will be stored near the end of the cul-de-sac. Mr. Donahue informed the property owner that none of the Zealand Avenue improvements would be assessed against property owners living on the street. Councilmember Williamson questioned whether stop signs are proposed for 47th and Boone similar to the intersection of 49th and Boone. Mr. Hanson replied that Boone Avenue has a traffic count of approximately 5,000 compared to 47th which will have between 1,000 to 1,200 vehicles. He pointed out the disparity of traffic stating stop signs would stop a lot of traffic for only 1,000 vehicles. He stated a 4 -way stop works well when traffic counts are similar such as at 49th and Boone. Councilmember Williamson commented that adding a cul-de-sac does add to the project cost and regardless of whether the city or school takes financial responsibility, the cost is ultimately bome by the taxpayers. She remarked that the Council must be responsible in keeping costs down. New Hope City Council October 10, 1984 Page 6 0 11 Mayor Pro tem Erick recommended amending the proposed resolution by adding Item 4: "That the Mayor and City Manager are directed to sign the attached condltions of approval and the City Manager is directed to submit the conditions of approval for execution by appropriate school district officials". RESOLUTION 94-157 Councilmember Wehling introduced the following resolution and moved its Item 8.1 adoption with the addition of Item 4: "RESOLUTION APPROVING PLANNING CASE 94-14 REQUESTING CONDITIONAL USE PERMIT TO ALLOW ATHLETIC FACILITY EXPANSION AT COOPER HIGH SCHOOL, 8230 47TH AVENUE NORTH, SUBJECT TO PREPARATION OF ACCEPTABLE SITE AND BUILDING PLANS INCORPORATING ATTACHED CONDITIONS OF APPROVAL". The motion for the adoption of the foregoing resolution was seconded by Councilmember Offen. Councilmember Williamson moved to amend the resolution by eliminating items 2 and 3 on page 3 relative to the cul-de-sac and the narrowing of Zealand Avenue. The motion failed for lack of a second. Mayor Pro tem Erick called for a vote on the original motion and the following voted in favor thereof: Williamson, Wehling, Orton, Erick; and the following voted against the same: None; Absent: Erickson; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. Mayor Pro tem Enck thanked city staff, school district staff, and residents both for and against the project for their participation. He commented regarding the difficult issue and expressed support of the revised proposal. PLANNING CASE Mayor Pro tem Erick introduced for discussion Item 8.2, Final Plat Approval 94-21 for City Center Addition, 7300 42nd Avenue North, City of New Hope, Item 8.2 Petitioner. Ms. Sarah Bellefull, Administrative Analyst, stated this is a request by the City of New Hope for Final Plat approval of City Center Addition. The property included in the plat includes all or a portion of Lots 11-18, Auditor's Subdivision Number 324. The City acquired these properties in conjunction with the 42nd Avenue Street Reconstruction Project and the purpose of the plat is to consolidate all of the parcels into one lot. The City is now in the process of marketing the property through Thorpe Bros., and the sale of the property will be less complicated if it is platted as one parcel. The Preliminary Plat was approved by the Planning Commission and City Council on September 6th and 12th, respectively, subject to comments/recommendations from City Attorney, City Engineer, Hennepin County, and Building Official being incorporated into the Final Plat. The Planning Commission considered the Final Plat of City Center Addition at their October 4th meeting and recommended approval subject to the recommendations by the City Attorney regarding legal issues and a recommendation by the City Engineer that at the time of development storm water drainage and utility service must be reviewed. RESOLUTION 94.158 Councilmember Wehling introduced the following resolution and moved its Item 8.2 adoption: "RESOLUTION APPROVING PLANNING CASE 94-21 FINAL New Hope City Council October 10, 1994 Page 7 Written Feedback Alger Jeff From: Sent: IFriday, Marcn 1, ZU19 U:ZZ AM To: Chirpich Aaron Subject: Cooper Stadium Zoning I am not opposed to the uses of the stadium but 1 am opposed to the PA system. We live down by the New Hope Ice Arena and we can hear that PA system. I can't even imagine what it must be like living next to it. The time we can sit outside and enjoy the quiet is short in Minnesota but if you are able to have that PA system going 9 to 9 would be a huge problem. There has to be a limited as to how many times a week that PA system can be used. Again we can hear it and we live by the Ice Arena so those speakers need to be adjusted. Alaer Jeff From: McDonald Kirk Sent: Friday, March 1, 2019 8:31 PM To: Sargent Jeff Cc: Chirpich Aaron; Alger Jeff Subject: Fwd: A Question Regarding the Potential Expanded Use of the Stadium at Cooper High School From: Date: March 1, 20119 at 1.54:05 r^M AST To: <School Board@Rdale.org>, <john vento@rdale.org>, <michaei herring@rdale.ore>, <pam lindberg@rdale.org>, <Helen Bassett@rdale.org>, <sherry tyrrell@rciale.org>, <sam sant@rdale.org>, <david boone@rdale.org>, <Frank herman@Rdale.Org>, <Carlton Jenkins@rdale.org>, <khemken@newhopemn.gov>, <Lder@newhopernn.gav>, <ahoffe@newhopemn.gov>, <ilondon@newhooemn.Rov>, <cfrazier newhopemn.gov> Subject: A Question Regarding the Potential Expanded Use of the Stadium at Cooper High School TO: Anyone concerned about the neighborhood near Cooper High School Regarding the potential expanded use of the stadium at Cooper High School, here is our question: who will pick up the trash generated by these events? When the stadium was first built, it was promised that after every event trash would be cleaned up. Currently, after every event, especially the larger ones, paper, leftover food and plastic bags fly around the parking lots and neighborhoods for days following the event. We often try to pick it up ourselves — if we don't it turns out to be a disgusting mess. Clearly a promise was made but not kept. So, who's going to pick up the trash? And will this be a real promise or just one to appease the local homeowners? Opr Alger Jeff From: Sent: Jdluf"Udy, Mdrui L, GV i7 IL:V4 rivi To: School_Board@rdale.org;john vento@rdale.org; michael_herring@rdale.org; pam_lindberg@rdale.org; Helen_Bassett@rdale.org; sherry_tyrrell@rdale.org; sam_sant@rdale.org; david_boone@rdale.org; Frank herman@rdale.org; Carlton_Jenkins@rdale.org; Hemken Kathleen; Elder John; Hoffe Andy, London Jonathan; Frazier Cedrick; Chirpich Aaron Subject: Cooper Stadium Zoning To Robbinsdale School District and City Officials: We are concerned about the new proposal for use of the Cooper Stadium, particularly the use of the PA system. Although we are outside of the area receiving letters regarding this change, we can clearly hear the PA system inside our home. At our location of half a mile away (near Civic Center Park), we can imagine how disruptive this will be for many, many residents. We enjoy our precious outdoor time, and do not want to be disturbed by excess noise pollution. In addition, our children want to sleep peacefully with the windows open. Please do not pass this zoning change, as it will dramatically reduce our quality of life here in New Hope. Alger Jeff From: Sent: Monday, March 4, ZUI9 x:17 AM To: Chirpich Aaron Subject: Cooper Conditional Use Permit Hello, We are writing to let you know that we oppose the "unconditional" conditional use permit allowing for unlimited events and use of the Cooper stadium PA system and lights from 9 am to 9 pm 7 days a week. We are long time New Hope residents and neighbors of Cooper. We have always supported the school and expect to have some inconvenience with school events and the noise associated with them. In the fall, beginning mid August and going throughout, we have the noise of the PA system for soccer games and football games along with having to listen to the marching band practice daily, late into the evening. In the spring we have track meets, lacrosse games, graduation, etc. We expect this and are OK with it during the school year, however taxpayers of New Hope should be allowed to enjoy their homes and yards during the summer months without being subject to the noise, extra traffic and other issues that the extra events may bring. My husband and I, along with many of our neighbors, feel the whole situation was handled inappropriately. New Hope residents received an extremely vague letter giving absolutely no information on what the permit entailed or exactly what Cooper was looking for. The ones who called in for more information were given very little as it seemed New Hope employees were unaware or not willing to share. Tax paying residents of New Hope deserve a clear explanation of issues that will directly affect them, and there is probably a large number of residents and neighbors of Cooper that are unaware of what is happening. Permit details were not available on the city's website until the weekend (3/1/19) for a meeting to be held the following Tuesday (3/5/19) allowing little time to bring awareness to the issues. It appears that Cooper wants to eliminate all obstacles for field usage so they can use it however and whenever they see fit as a revenue maker for the school/district. We are concerned that because this issue may not affect the entire city and that because the residents who will not be affected by the changes either support the permit or don't care, that the permit will be signed off on. We are asking you to consider Coopers neighbors, and at the very least, include restrictions on the PA system and lights so the neighbors of the school can enjoy their homes like the rest of the residents of New Hope. Thank you, Sent from my llPad Alger Jeff Sent: Monday, March 04, 2U19 9:23 NM To: Chirpich Aaron <achirpich@newhopemn.gov> Subject: Cooper Stadium Zoning, permits and useage Aaron, Please see the post on Nextdoor.com regarding numerous citizens' opposition to extending use to non-residents of the Cooper Football Stadium. And the opposition of letting anyone use the PA system that is very obnoxious as it is now. Living on Boone Ave on other side of the church next to the stadium, we already hear it way too loud. The lights are on till all hours and glow through curtains of houses on Boone. People park all the way over to Boone and in the church lot. We already have people running around the neighborhood at night and breaking into vehicles on event nights. (Also at ice arena). Daytime, weekend use only and only if security or police expenses are paid by the event coordinators. No use of PA system. No out of district use, only local sports teams with our kids involved. Le., Youth soccer tournament with our team(s) hosting. No Frisbee or alcohol. The Frisbee park by Pub 42 is hardly used. If public use such as flea markets in parking lot would be good on weekends. Extra police and security in neighborhoods nearby during events to thwart car break-ins, etc... Extra security guard patrolling parking lot is needed at Ice Arena too. This should be considered instead for other schools such as Armstrong where there are no homes within a radius. They are within school district and funds could go to school district without reducing the values of nearby homes. Thank you for your time and consideration, Alger .teff From: Sent: i uesday,-March 5, 2ui9 iu:i4 rive To: Sargent Jeff <jsargent@newhopemn.gov> Subject: Planning Commission Meeting - 3/5 Dear Mr. Sargent, I attended the proposed conditional use policy meeting for the school district this evening. I would like to bring to your attention concerns that I have regarding two of your council -members. I was very upset by two specific comments that were made that I felt were unprofessional. I'm aware that these individuals are volunteers, however, I do not believe that that precludes them from ensuring their comments remain neutral and fact based while they are in their roles as council members. I believe they stepped out of their roles with these inflammatory comments: 1. Bringing up alcohol and adults drinking in the parking lots. You know as well as I do that the state law prohibits alcohol on school property - it's inappropriate to comment about that much less raise that concern to the public. Those individuals would be cited appropriately by local law enforcement. I do not believe the use of the turf is any different then the use of the community gyms and the individuals that it serves. 2. Questioning who the district serves - the district serves birth to death. Not just specific youth. Community education serves all ages and does a very comprehensive job ensuring that all the individuals are given the equality of benefits in the umbrella that is the district has to offer. I also believe that the council had more information they could have presented to the public that would have quelled a majority of the concerns. I'm unsure why that information was not made more readily available. an Sent from my iPhone Alger Jeff From: Sent: Saturday, ivrarcl'i 23, 20i9 3:26 rivi To: Alger Jeff Subject: Conditional Use Permit Cooper High School - Concerns The following are my wife's and my concerns with the proposed changes to the Conditional Use Permit at the Cooper High School Football field. Removal of the 50% District resident requirement: Even though this is tough to enforce, to open the football field up to anyone should not be allowed. The upkeep of the Cooper Football field is accomplished by tax dollars paid by residents in District 281. The School District has said that they want to use the field as a revenue stream, they have an idea as to what type of events will be played there, and costs for renting. Nowhere in their proposal is there any mention of setting aside monies for replacing the artificial turf or for any other maintenance that may be incurred. The original artificial turf was put on in 2006 and I heard this was a cost of $1 million dollars. Last year they replaced the artificial turf and from what I heard this cost $750 thousand dollars. Let's do some math. That's 12 years that the turf lasted. The football team probably had an average of 5 games a year for a total of 60 games. Lacrosse and Soccer probably total of 8 games per year for 96 games. That's roughly 156 games for 12 years and having to replace the turf. They want to rent out the field with the PA only available on Saturdays from June 1St—August 15th. That's at least 10 weeks and since we have to include Saturday, that's s potential of 6 days a week the field would be used bringing the total usage per summer to 60 days not counting school activities. In just 3 years time we would exceed the field usage of the 12 years that the turf lasted. Maybe it would last 5 years but that's far short of 12 years. Who has to pay for replacing the artificial turf? Certainly not the renters since they don't have to live in the 281 School District. Why should the tax payers have to foot this bill? 2. PA System: They want to use the PA system 8 times from June 1—August 15 only on Saturdays between 1:00pm — 6:00pm. There are 14 Saturdays from June 1St through August 31st this coming Summer. Their proposal would use potentially 11 of those 14 Saturdays. Basically the entire Summer weekends for the residents around the Cooper High School could be filled with noise on Saturdays. I'm sorry, Summer is too short in Minnesota to have to listen to a PA system running for potentially 5 hours each weekend. They also mention that they will adjust the decibel level of the PA system to the smaller crowd. Just what exactly does this mean? If there is a smaller crowd the PA won't be as loud but if there's a larger crowd they'll crank it up? At the last Planning Commission meeting in March, a resident brought up the fact that the PA system could be fixed to not exceed a certain decibel level. This was not even mentioned in this proposal. 3. The new Video Scoreboard: What are their real intentions for this "video scoreboard". This was not in their first proposal, they certainly had to know about this then to now include it in this proposal. Let's take a look at this. I Googled this scoreboard I think you should too. The company touts this as the "State of the Art" video scoreboard. The proposal says "there will be no audio from the scoreboard". I wasn't born yesterday. You don't go out and purchase the "state of the art" video scoreboard that can show video replays, can feature advertisements on the video, can plug in a great sounding audio system, and then say you want to use the field to generate revenue and not consider using the audio features. Why then buy the state of the art video scoreboard, why not save the taxpayers money and just buy a scoreboard? 4. Why Cooper?: Why are these proposals for revenue stream, new video scoreboard only being proposed for Cooper High School? Are the Armstrong Football team also getting a new video scoreboard? If not, why not? Armstrong Football field has less residential impact so why is Cooper getting all these changes. if I had kids going to Armstrong right now I'd feel that they are getting short changed over this. They're also in District 281. Property Values: At the last Planning Commission meeting, it was stated that this would either not affect our property values. This was an opinion. We would like to see a study done on how property values.would be affected around Cooper High School with the possibility of 11 Saturdays in the Summer having a PA system running, the extra traffic and noise in the surrounding area, the trash etc. 6. Trash: It was mentioned that there would be a site supervisor who would check to make sure the area was properly cleaned after used and provided a phone number for us to call. There are no specifics around what is cleaned. Is the area to be cleaned within the confides of the football field or does this also include outside the football field (parking lot, neighborhood due to windy days)? It's rather vague as to who is responsible for cleaning up. It also sounds as if the renter is responsible for cleaning up. I find that a bit odd if the renter is responsible cause what happens if it's a tournament and the fans leave trash? I don't think the players will be picking things up from the stands and parking lot. If they're charging the renters for the field then perhaps there should be a cleanup fee and the school brings in a clean up team. If there are issues with the School, not returning phone calls, trash not being picked up, who do we call to complain to? Is there any recourse or consequences that will be applied to the School for violations to the CUP? The wife and I are dead set against changes to the current CUP gem CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMIVIISSION MINUTES March 5, 2019 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, Bill Smith, Michael Redden Absent: Matt Korkowski Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Jeff Alger, Community Development Coordinator/Management Analyst; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant, Chris Long, City Engineer; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Chair Schmidt introduced Item 4.1, l conditional use permit (CUP) Planning Case 19-04 amendment to expand use of outdoor athletic stadium, 8230 47th Avenue Item 4.1 North, Robbinsdale Area Schools, petitioner. Mr. Jeff Alger, Community Development Coordinator/Management Analyst, gave background on the case. The CUP for the athletic stadium was initially approved in 1994. In 2006, the CUP was amended to expand the number & type of events allowed at the athletic stadium. Robbinsdale Area Schools has submitted an application to request the changes to the CUP. 1) EIiminate the requirement that at least 50% of audience in attendance at events must reside within the district. 2) Eliminate the provision limiting use of the public address (PA) system to two events per year and allow unlimited use between 9:00 am and 9:00 pm. 3) Eliminate the requirement limiting use of the stadium to youth. 4) Eliminate the requirement that at least 50% of participants reside within the district. 5) Eliminate the provision prohibiting use of stadium lights for non -school activities & permitting use for any activity between 9:00 am and 9:00 pm. 6) Eliminate the provision prohibiting use of the concession stand during non -school activities & permitting its use for any activity that follows the district's rental permit guidelines. Next, Alger explained more details regarding the athletic stadium use. Robbinsdale Area Schools anticipates hosting events such as youth and adult soccer, football, and lacrosse games, arts & craft fair, and a "Movies in the Park" event. Non -school events would require the supervision of a stadium manager. Security, sanitation, and control of lights and sounds would be included in the rental agreement. The use of alcohol and tobacco would remain prohibited. Any complaints regarding the events would be directed to the stadium manager or the school district staff. There have been recent upgrades to the lighting and PA system to help reduce the negative impact to neighbors. Alger concluded that proper legal notice and mailing notice were given. Staff did receive feedback regarding this planning case. Comments and concerns focused on the use of the PA system, number of events, time of events, length of events, increased traffic and wear and tear on the roads, people lingering after events, parking in neighborhoods, and car break- ins during events. Staff is recommending that the Planning Commission review and offer comment and open the public hearing for comments. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Commissioner Redden asked for clarification on how this CUP amendment would not decrease the land values in the area. Alger responded that staff took into account all the restrictions that are associated with the CUP and felt would not cause a depreciation in the neighboring land values. Commissioner Redden asked that some of the restrictions be verbalized so residents in the audience could be made aware. Alger stated there were many regulations included in the CUP from the 1996 and 2006 amendments, some of which included: Building Official is to verify sound levels at property lines; litter is to be cleaned up within 24 hours of event, graffiti to be abated per city code, etc. Chair Schmidt then invited the applicant to the podium, John Oafkee, Activities and Athletic Director for Cooper High School, 8230 47th Avenue North. Commissioner Redden asked for clarification on how many additional events might occur. Mr. Oafkee stated the normal school usage would continue during the school year. Summer provides more time for potential rentals of the stadium. Chair Schmidt asked for a specific number. Mr. Oafkee stated it could be an additional 2 events per week for practices or camp. These additional usages would not result in much of an audience for practices and would not utilize the PA system. Commissioner Clark asked if the school district would be willing to go back to the original CUP provision of the PA system usage, which was limited to 2 events per year. Mr. Oafkee said the main reason for including no restrictions for the PA system in this request was to have the flexibility to potentially rent the space to additional groups. Commissioner Brinkman asked what the rental fees are for the athletic stadium. Kristine Wehrkamp, Community Education Director carne to the podium and explained the rental fees ranged from $25 per hour to $200 per hour. There are criteria the school district follows to determine the rental amount that is charged. For example, in -district groups would receive a lower rate than non -district groups. There is also a $400 deposit for large activity usage. Commissioner Brinkman asked if the staff manager is hired by the city or by the school district. Kristine Wehrkamp stated the school district is responsible for hiring the managers. Commissioner Redden clarified there is a prohibition for no concerts and that will remain. The "Movie in the Park" would be the only event that could potentially go later into the evening. Chair Schmidt said prior 2 Planning Commission Meeting March 5, 2019 planning cases have had a 10:00 pm noise restriction, so this case provides a more restrictive noise timeframe. Chair Schmidt also asked if the "Movie in the Park" event is planning to be a one-time event since Civic Center Park will be under construction this summer. Mr. Alger stated for now it is a one-time event. If the event results in a positive experience and is well attended, staff and the school district may consider another "Movie in the Park" event. Jeff Sargent stated the Relay for Life event held each year at Cooper is brought to the City Council for special approval. This is required due to the lights and PA system being used after the 9:00 pm cut-off time. The Planning Commission could add a condition to keep the use of the PA system to two non -athletic events per year. If the school district receives more than two non -athletic inquiries for use of the PA system, the request could be brought to City Council for approval. Commissioner Smith was concerned with the number of items the school district is asking to amend. Motion by Commissioner Redden, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. Mary Arnold, 8000 47th Avenue N, New Hope, stated concern for the increase of traffic on 47th Avenue N, as that is the only way into the parking lot. Families with kids are moving in and there is a park nearby. If this request is approved, consideration will need to be taken regarding ways to control speed and increased traffic. Shawn McMillen, 4809 Zealand Avenue N, New Hope, expressed concern for the school district not meeting the conditions that were part of the 1994 and 2006 amendments. The school district did clean up trash after events during the first year, but has not done so since. Loud music is played before, during, and after games on weekends. Mr. McMillen stated he has reported the noise issues to the school district staff and city staff and nothing has been done about it. He is wondering who benefits in addition to the school district and if the city is receiving any of these funds from additional rentals. Charles Hobgson, 4849 Aquila Avenue N, New Hope, loves hearing the school band and cheering coming from games. School districts want kids to have a place to go and be involved with organized activities. The students would benefit from the CUP amendment. Kym Fischer, 4901 Zealand Avenue N, New Hope, stated that the recent road improvements have increased traffic in the area. Additional activities at the athletic stadium will increase traffic even more. Fischer has concern over the potential for parking issues and the number of events that will be held. Dan Smith, 4608 Aquila Avenue N, New Hope, stated he resides beyond the 500 -foot public hearing mailing radius and can hear everything going on at the athletic stadium. He said some noise is understandable, Planning Commission Meeting March 5, 2019 but he hears noise all the time and not just the few events per year. Amura Freidson, 4909 Wisconsin Avenue N, New Hope, stated the Public Hearing Notices were vague and would like the city to provide a more accurate description of what was actually requested by Robbinsdale Area Schools. Freidson wants to know a specific number of events and would like the uses to be limited. She feels home values will be negatively impacted and traffic will be increased. Ellen Snapco, 4625 Aquila Avenue N, New Hope, expressed she was in favor of the CUP changes and thinks the space should be utilized more than what it is. David 8400 49th Avenue N, New Hope, stated he is opposed to an increase in the PA system use. James Gabrielson, 8208 49th Avenue N, New Hope, stated he is not against a place for kids to play and have their games. He is opposed to the adult leagues and non -district groups coming in to use the athletic stadium and creating additional noise through the PA system. Joe Inserra, 4940 Xylon Avenue N, New Hope, said the school district has not been cleaning up trash after events. He questioned why these new requests should be granted when the school district is not following the requirements of the current CUP. Daryl Fields, 8224 49th Avenue N, New Hope, stated his concerns were regarding the weeds not being controlled, the PA system is too loud, and since taxpayers paid for the athletic field, outside groups should not be allowed to utilize it. Michelle Urbancic, 4509 Aquila Avenue N, New Hope, does not want the PA system to be used. Valerie Scarple, 47th & Virginia Avenues N, New Hope, stated there is already a lot of traffic and an increase in athletic stadium use may increase traffic too much. The amount of litter from events and the loudness of the PA system are also areas of concern. Scarple questioned what the revenue will be used for and why Cooper High School needed to do this instead of Armstrong High School. Kevin Halker, 4801 Zealand Avenue N, New Hope, said he likes having events at the athletic stadium, but is not in favor of an unlimited use of the athletic stadium and the PA system. Kay Deutsch, 4913 Zealand Avenue IST, New Hope, stated she was not in favor of non-resident groups using the facility, and does not want the PA system used. The proposal should not pass with no conditions associated with it. Linda Freidson, 8001 29th Avenue N, New Hope, said schools are for students and learning, and not for renting space; there needs to be 4 Planning Commission Meeting March 5, 2019 limitations. Stephanie Cook, Winnetka Ave N, New Hope, said this is one of the few districts that does not already rent facilities. She feels the athletic stadium should be utilized and would be a good source of revenue. Motion by Commissioner Clark, seconded by Commissioner Landy, to close the public hearing. All present voted in favor. Motion carried. Commissioner Clark provided an explanation of the case from his perspective. There are issues brought up that are already addressed in the existing CUP language. There needs to be a better relationship between the city, school district, and residents. As part of the 2006 amended and restated CUP, it is spelled out where the responsibility lies in regards to cleaning up the trash after events. That is something that will be addressed between the city and school district. The decibel plan is laid out in the existing CUP language and it is not known if that is currently being followed. The 2006 CUP language includes an exhaustive list of the types of events that could be held at the athletic stadium. This language also provides limitations to the PA system usage. For this case, the term "community events" should be defined as to what type of events are considered for the community. For this CUP, the school district needs to come back to the city and give specific details on the number of events to be held, have limitations on the PA system usage during non -athletic events, the number of nights the stadium lights can be used. Staff should prepare a recommendation for the usage of the PA system and lights. Commissioner Landy added he would like, in addition to Commissioner Clark's comments, the volume of traffic looked into. Commissioner Smith thanked everyone in attendance for the feedback. The Planning Commission is a stepping stone to the City Council and any comments and concerns heard at the meeting are relayed back to staff and council. Commissioner Redden addressed a few of the comments brought forth by the residents in attendance. The city does not address anything with school budgeting. All of those topics would be referred to the school's referendum. The city will not receive any funds from passing this CUP amendment. Mr. Sargent agreed, and explained the reason why the city is involved in this case is that the requested changes to the current CUP require City Council approval. Commissioner Brinkman said the school district should not be involved in non -school events. Motion Motion by Commissioner Clark, seconded by Commissioner Landy, to Item 4.1 table for future discussion Planning Case 19-04, a conditional use permit (CUP) amendment to expand use of outdoor athletic stadium, 8230 47th Avenue North, Robbinsdale Area Schools, petitioner 5 Planning Commission Meeting March 5, 2019 Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Redden Voting against: None Absent: Korkowski Motion approved 8-0 Chair Schmidt stated the case will be brought back at a future meeting for discussion. Commissioner Redden clarified this case will be tabled so clear guidance could be provided to Robbinsdale Area Schools as to the next steps. Stacy Woods, Assistant City Attorney, and Al Brixius had discussion regarding a 60 -day extension. It was determined a request for the 60 -day extension would need to be filed. Mr. Sargent clarified with Stacy Woods if the Planning Commission could only recommended tabling the planning case, or if they could actually table the case. Stacy Woods stated the case was tabled. PUBLIC HEARING Chair Schmidt introduced Item 4.2, preliminary and final plat approval, Planning Case 19-05 rezoning, and planned unit development (PUD) to subdivide city -owned Item 4.2 property north of the railroad tracks to facilitate the development of 32 detached single-family homes, SVK Development LLC, petitioner. Mr. Aaron Chirpich gave background on the case. The city -owned site will be subdivided to create detached single-family homes. SVK Development LLC, based out of Crystal, is now in negotiations with the city of New Hope, and has signed a purchase agreement with the city to acquire the vacant site. The applicant wishes to plat the property and create 32 single-family lots. The proposed development includes a mix of home styles including, split -entry, two-story, and rambler. The applicant has named the proposed development Windsor Ridge. Next, Chirpich reviewed the zoning analysis. The property is currently zoned R-1, Single -Family Residential. The applicant is proposing to rezone the property to Planned Unit Development (PUD) to allow flexibility in lot width and lot area to allow for a higher density project. There are two other PUD developments within New Hope, Winnetka Green and Parkview, that were also rezoned PUD to allow for higher density projects. Chirpich compared the lot requirements of the PUD lots vs. the traditional lots in New Hope. The anticipated sale prices range for the spectrum of units is between $350,000 and $420,000. Chirpich showed pictures of each of the proposed home styles along with interior pictures to show the types of amenities that would be included. The proposed subdivision will be served with a loop road that connects Pennsylvania Avenue to the west in New Hope, and Louisiana Avenue to the east in the city of Crystal. A sidewalk will be included on the south side of the street that will connect with Iron Horse Park in Crystal. Due Planning Commission Meeting March 5, 2019 to the limited amount of right-of-way available and the narrow nature of the site, staff supports the sidewalk being placed on one side of the street. Each single-family home will have a minimum of a two -car garage, and will also provide the required open parking spaces in front of the garage. Park dedication fees would be required for this subdivision at $3,000 per single-family housing unit. The proposed development includes 32 units and a park dedication fee of $96,000. The proposed landscaping plan shows the majority of the trees removed and two new trees provided for each lot. Chirpich then reviewed the utility and drainage easements. The proposed preliminary plat indicates that each lot will have the required perimeter drainage and utility easements around all property lines. Staff recommends that water services leading into the house be located outside of the driveways. Due to the topography of the site, sewage from 23 of the homes will flow towards the city of Crystal. The city of Crystal has completed a capacity analysis of their downstream sanitary sewer infrastructure, and has determined that their system can handle the increase. The final utility plans and connections are subject to the review of engineering staff from both cities. There is a storm water retention pond located in the southeast corner of the site on dutlot A. This outlot will be owned and maintained by the city following completion of the project. Next, Chirpich discussed the grading, drainage, and storm water plans for the site. With minimal trees remaining in the development area, soil erosion prevention efforts will be taken during the construction process. The majority of storm water will flow from west to east toward the storm water retention pond. Plans show catch basins utilized in some rear yards to help direct drainage to the pond. The city would prefer to see a high -back curb where possible to aid this drainage to the pond and prevent overflow onto the proposed yards. Discussions will continue between the city and developer for future homeowners wanting to install sheds, decks, and fences that could affect backyard drainage. Chirpich concluded that proper legal notice and mailing notice were given. Staff did receive comments from residents neighboring the site. Staff recommends approval of the preliminary plat, rezoning, and PUD flexibilities. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, no one did. Chair Schmidt then invited the applicant to the podium. Scott Kevitt, SVK Development, approached the podium. Commissioner Redden asked for clarification on the impact of the surmountable curb vs the high -back curb. Mr. Kevitt explained his reasoning for wanting the surmountable curb is in regards to cost. If the buyer wants the driveway to be on the opposite side of the lot, it will be a $5,000 cost to move the curb cut with high-backed curbs. Commissioner Smith stated one main reason for the high -back curb is to control water drainage towards the retention pond. Mr. Kevitt 7 Planning Commission Meeting March 5, 2019 suggested doing high -back curb in certain sections and doing surmountable curbs in other areas. Motion by Commissioner Redden, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. Kyle, resident of the city of Crystal, stated there is a stop sign on 53rd Avenue N that already has many traffic accidents. With the increased traffic for the development, there may be an increase in accidents, so that might be something beneficial for staff to look into. Justin Minnich, 5206 Oregon Avenue N, Crystal, expressed how the woods mitigate train sound and provide privacy. He felt adding more trees to the proposed plan would be nice to help provide privacy. Minnich asked if a sound wall is being installed to help block the noise from the train. Mr. Kevitt stated there would be no sound wall installed. Barb Kindle, 7022 Corvallis Avenue N, Crystal, asked if the hockey rink would remain in Iron Horse Park. Chirpich showed the proposed park layout from Crystal and said it did not appear to be on the plan, but she would need to defer to Crystal for that answer. Kindle questioned if people would be interested in purchasing the homes right along the track. Chair Schmidt stated that the developer feels the houses will sell since he is interested in the property. Commissioner Redden stated that it is the risk of the developer if the homes end up not selling. Barb Kindle stated she would rather not see the property developed. George Wright, 7535 Angeline Drive, New Hope, said he was surprised anyone would want to build houses by train tracks. He asked what the house prices would be. Mr. Chirpich responded the range is from $350,000 to $420,000. Mr. Write responded the railroad noise would make it difficult to sell the houses. Loren Wright, 7535 Angeline Drive, New Hope, expressed the amount of train noise would deter home sales. Bridget Minnich, 5206 Oregon Ave N, thinks Centra Homes and Winnetka Green developments are much more segregated than what is proposed with Windsor Ridge and it will change the look and feel of the neighborhood. Chair Schmidt asked how neighboring lot sizes in both New Hope and Crystal compare to what is being proposed in Windsor Ridge. Mr. Chirpich replied the neighboring lots vary in lot width from 55' to 75'. That would put the Windsor Ridge lots in the middle of the neighboring lot sizes. Bridget Minnich stated the term 'step-up homes' is not an accurate description considering the home prices that are anticipated. Justin Minnich, 5206 Oregon Avenue N, started the decreased curb appeal and depreciated property value is a concern. Motion by Commissioner Clark, seconded by Commissioner Landy, to Planning Commission Meeting March 5, 2019 close the public hearing. All present voted in favor. Motion carried. Commissioner Redden questioned the types of curbing proposed. Chair Schmidt stated keeping the consistency of the high -back curbs throughout the city would be preferred. Mr. Sargent stated the surmountable curbs would work in certain sections of the street and the city will work with SVK to determine those spots. Motion Motion by Commissioner Landy, seconded by Commissioner Mannix, Item 4.2 to approve Planning Case 19-05, preliminary and final plat approval, rezoning, and planned unit development (PUD) to subdivide city - owned property north of the railroad tracks to facilitate the development of 32 detached single-family homes, SVK Development LLC, petitioner, with the following conditions: with the addition of the developer using high -back curbs where possible 1. The applicant shall pay a park dedication in the amount of $96,000 prior to recording the final plat. 2. The plat and title is subject to the review and approval of the City Attorney. 3. The final plat must establish all necessary new easements. Easement locations and sizes must be approved by the City Engineer. 4. The developer shall be responsible for a solution on how accessory structures will be addressed in the zoning code that will not create a drainage issue. 5. The developer shall be responsible for the installation of the utilities and the cost associated with the installation. 6. The developer shall be responsible for the installation of the street and shall meet all the requirements for street construction, design, and placement. 7. The developer shall enter into a developer's agreement with the City. S. The developer shall pay a park dedication fee as agreed upon by the City's Parks and Rec department. 9. Subject to the conditions of the City Engineer and Fire Chief Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Redden Voting against: None Absent: Korkowski Motion approved 8-0 Chair Schmidt stated the case will move forward to the March 25, 2019 City Council meeting. COMMITTEE REPORTS Applications have not been received, so a Design and Review meeting is Design and Review not anticipated. If the School District decides to come back in then there is Committee the potential for a meeting. Staff will update as needed if the meeting will Item 5.1 take place. Planning Commission Meeting March 5, 2019 Codes and Standards There currently is no meeting scheduled. The Property Maintenance Committee Guide is being finalized and will be brought to the April work session Item 5.2 meeting for review. The handout will be made available to the public after that point. NEW BUSINESS Commissioner Smith mentioned how nice he found the new gas station/convenience store off Bass Lake Rd. OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Brinkman, Approval of Minutes to approve the Planning Commission minutes of February 5, 2019, Item 7.1 Motion carried. ANNOUNCEMENTS None ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:09 p.m. Respectfully submitted, W Jessi Weber, Recording Secretary 10 Planning Commission Meeting March 5, 2019