030519 Planning CommissionCITY 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 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
Planning Case 19-04
Item 4.1
Chair Schmidt introduced Item 4.1, a conditional use permit (CUP)
amendment to expand use of outdoor athletic stadium, 8230 47th Avenue
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 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
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Planning Commission Meeting March 5, 2019
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 neighborhoo ds, 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. Oaf kee 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
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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,
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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
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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
Item 4.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
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
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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
Planning Case 19-05
Item 4.2
Chair Schmidt introduced Item 4.2, 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.
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
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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 Outlot 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
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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
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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
Item 4.2
Motion by Commissioner Landy, seconded by Commissioner Mannix,
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.
8. 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
Design and Review
Committee
Item 5.1
Applications have not been received, so a Design and Review meeting is
not anticipated. If the School District decides to come back in then there is
the potential for a meeting. Staff will update as needed if the meeting will
take place.
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Planning Commission Meeting March 5, 2019
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled. The Property Maintenance
Guide is being finalized and will be brought to the April work session
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
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve the Planning Commission minutes of February 5, 2019,
Motion carried.
ANNOUNCEMENTS None
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:09
p.m.
Respectfully submitted,
Jessi Weber, Recording Secretary