080807 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES August 8, 2007
City Hall, 7 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Hemken called the meeting to order at
7 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Tim Buggy (arrived 7:01
p.m.), Kathi Hemken, Jeff Houle, Roger Landy, Bill Oelkers,
Tom Schmidt, Steve Svendsen
Absent: Pat Crough, Ranjan Nirgudé
Also Present: Kirk McDonald, Acting City Manager/Director of
Community Development, Curtis Jacobsen, Community
Development Specialist, Eric Weiss, Community
Development Intern, Steve Sondrall, City Attorney, Vince
Vander Top, City Engineer, Pamela Sylvester, Recording
Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC07-13 Chair Hemken introduced for discussion Item 4.1, Request for
site/building plan review, a variance to the side yard setback requirement
to allow a drive through lane closer than five feet to the property line and
sign code variances, 7700 42nd Avenue North, Goldridge Group
LLC/7700 Partnership LLP/Paul Anderson, Petitioners
Commissioner Anderson stated that he had an interest in this planning
case and excused himself from discussion and voting.
Mr. Curtis Jacobsen stated that the petitioner was requesting site and
building plan review to change the use of the existing building from
single occupancy to a multi-tenant use and two variances. The site
contains 31,804 square feet and the existing building has 5,327 square feet,
or 17% of the site. There are no green space requirements in the CB,
Community Business district. The site is currently owned by Universal
Color. Goldridge Group is under contract to purchase the site, and
desires to intensify the use of the building from one tenant to two tenants.
A bank with three drive through lanes is proposed for the eastern portion
of the building and a coffee shop with one drive through lane and a
bypass lane on the west. Staff recommended site and building plan
review due to the more intense use of the site and potential parking and
traffic issues on the site. A variance would be required on the west side
for the drive through lane closer than five feet to the property line. A
second variance would be required for additional signage on the west
side of the building.
The petitioner indicated in correspondence they felt the proposal was
within New Hope’s zoning and design guidelines criteria and would be a
valuable asset to the community. The bank would occupy 3,843 square
feet of the building.
Mr. Jacobsen explained that there would be one access into the site from
42nd Avenue and two accesses off of Rhode Island Avenue, which is a
private roadway. Exiting the site, there would be a left and right egress
onto 42nd Avenue and two exits onto Rhode Island turning south to 42nd
Avenue. There would be a one-way drive aisle along the north side of the
property leading to a drive-through and bypass lanes along the west side
of the property, three drive-through lanes for the bank on the east side
and a one-way drive aisle along the east property line. There would be
two-way traffic along the south side of the building through the parking
lot.
A traffic study was completed by the applicant, which indicated the
project would generate approximately 278 trips during the morning peak
hours and 57 trips during the afternoon/evening peak hours. The city’s
traffic engineer indicated this level of service was acceptable.
The city engineer indicated in correspondence that a storm water
ponding fee would be due in the amount of $7,177.60 in lieu of on-site
ponding.
The bank drive-through lanes would accommodate stacking for 12
vehicles and stacking for eight cars in the drive-through lane for the
coffee shop. An order board for the coffee shop would be located along
the north side of the building and an awning would be placed over the
drive-up window on the west. The existing drive-through window on the
east would be utilized by the bank.
Pedestrian access would be accommodated on the south side of the
building, with a public sidewalk along 42nd Avenue. Twenty-nine
parking stalls are shown on the plans, including two accessible stalls at
the front of the building. Employee parking would be located along the
north property line.
Mr. Jacobsen reported that the applicant indicated they intend to
chemically clean paint off the brick on the front of the building. New
store front, doors and additional brick would be added to the south
elevation, along with a metal cap and EFIS along the top portion of the
building. The west side would have a blue awning over the drive-through
window, and a new bank canopy over the drive through lanes. There
would be a demising wall between the two tenant spaces, separate front
entrances, four bathrooms, and rear doors with a ramp and handrail. The
outdoor dining would be located at the southwest corner of the building,
with four tables and eight chairs, a trash receptacle, and fencing along the
west side and landscaping at the south side of the dining area. The
lighting plan indicated four lights around the periphery of the property,
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Planning Commission Meeting August 8, 2007
eight lights on the building’s exterior, and nine lights under the canopy.
All lighting complies with city code.
Proposed signage would include four fire lane signs along Rhode Island
Avenue, two no outlet signs along the east side of Rhode Island, and four
stop signs – three leaving the site and one on Rhode Island at 42nd
Avenue. Other signage would include a menu board, accessibility signage
by the parking stalls, directional signage, and the applicant would re-use
the existing pole sign on the site. Wall signage would include tenant
identification signs for the bank and proposed tenant on the south
elevation, and small directional signs on the canopy over the drive-
through lanes.
Snow storage would be accomplished along the northern property line
and along the east property line between the driveways. The applicant
indicated that any excess snow would be hauled off site. The trash
enclosure would be located at the northeast corner of the site and would
match the existing building.
Mr. Jacobsen summarized that the project would intensify the use of the
site, and would provide a general benefit to the City Center area by
increasing retail activity and area vitality. Staff was supportive of the
project and recommended approval subject to the conditions in the
planning report.
Commissioner Svendsen clarified that the directional signage over the
canopy would not need a variance, only the requested signage on the
west side of the building. Mr. Jacobsen added that the second variance
would be for the drive-through lane on the west side located closer than
five feet to the property line.
Commissioner Brinkman pointed out that the southernmost access point
on Rhode Island Avenue was very close to the corner and there may be
stacking on the street that would block the entrance to the site. Jacobsen
stated that this was discussed at length at the Design and Review
Committee meeting and the consensus was that the proposed traffic flow
plan was acceptable. Otherwise, customers entering the site from the
north driveway would need to drive around the entire perimeter to get to
the bank drive-through lanes. With this plan, customers could enter
through the southernmost driveway from Rhode Island, move through
the bank drive-through lanes and exit at the north driveway, which
would reduce the traffic flow on site. Commissioner Landy stated he also
was very concerned with traffic flow on the site, especially in the
morning.
Mr. Vince Vander Top, city engineer, addressed the traffic issues. He
stated that the transportation engineer at Bonestroo identified two
concerns: 1) traffic would stack on 42nd Avenue during peak times past
the driveway to the site, and 2) southernmost driveway from the site onto
Rhode Island Avenue would be blocked when vehicles are waiting to
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Planning Commission Meeting August 8, 2007
enter 42nd Avenue. The ideal situation would be to limit the 42nd
Avenue access to right in/right out and eliminate the south access from
Rhode Island. He reiterated that this was discussed at length at the
Design and Review meeting. The proposed traffic flow plan was a balance
between the ideal layout and the actual use of the property. If the traffic
engineer’s recommendation would be used, the third drive-through lane
would be eliminated to provide for two-way traffic flow through the site,
which would be a significant impact on the development. The driveway
on 42nd Avenue was changed from one lane in/one lane out to one lane in
and a right out and a left out, which would separate egress traffic. The
applicant maintained that there would not be any more than one or two
vehicles in the queue trying to leave the site. Vehicles leaving the site
could also use the Rhode Island exits. The applicant’s traffic study did not
account for traffic from the apartments to the north and the impact that
may have on Rhode Island. Staff is aware there may still be some safety
concerns, but it was felt this was the best compromise for traffic flow on
the site.
Commissioner Svendsen wondered whether the traffic flow for a different
type of business, such as a sandwich shop, had been studied. Vander Top
responded that type of business would be better, as the peak traffic on
42nd Avenue was early morning and late afternoon. The primary concern
would be the a.m. traffic counts; the afternoon counts are somewhat
lower than in morning.
Commissioner Houle questioned whether the 42nd and Rhode Island
intersection was designed the same as other intersections in the city. Mr.
Vander Top pointed out that Rhode Island was a private street and
recorded as a separate outlot for the Universal Color Lab property. It was
designed the same as any other city street. He confirmed that traffic on
Rhode Island would increase. The sight triangle would be maintained the
same as any other public street. The street curb meets city standards.
A question was raised as to the current number of trips per day into or
out of the site, and it was estimated to be a quarter of the proposed trips
per day. Mr. Vander Top indicated that, per Hennepin County, future
traffic counts on 42nd Avenue may increase minimally through 2020 as it
serves fully developed communities.
Mr. Brad Coats, representative of Goldridge Group, came forward to
address the commission. He thanked the planning staff for its help
throughout this process. Mr. Coats stated they were a local developer
located in Plymouth, Minnesota, and Eau Claire, Wisconsin. Goldridge
had a long-standing relationship with Citizens Community Bank. The
bank liked New Hope because its focus was residential community
banking.
Commissioner Landy questioned whether they were pursuing a coffee
shop for the smaller tenant space or another retail establishment. Mr.
Coats stated that there have been no commitments to date with a coffee
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Planning Commission Meeting August 8, 2007
shop. Goldridge had mailed packets to several coffee shops, including
Starbucks. Not all of Starbucks management was in favor of this site.
Landy initiated discussion on projected employee parking stalls required
by bank employees and the ancillary space, and would the site eventually
be short parking stalls. Mr. Coats stated that the bank would have from
five to seven employees, some working the a.m. shift and some the p.m.
shift. Typically a coffee shop would have two people on staff and possibly
a third person during shift changes or when a manager was present. Mr.
Coats stated that the bank served customers with depositories and
community lending.
A question was raised whether or not the development would work with
a single tenant and the answer was no. Citizens Bank typically requires
3,500 square feet in area, along with the drive-through lanes, therefore,
the entire building would be too large. The New Hope location would be
its second branch in the metro area; the first branch opened about nine
months ago in Oakdale. Another branch would open soon in Rochester,
and several others were proposed for the Twin Cities metro area in the
future.
Commissioner Houle questioned what building materials would be
utilized for the drive-through. Mr. Coats stated that it would be an EFIS
or stucco color with a metal cap around the top. The pillars supporting
the canopy would be brick. He confirmed that the paint would be
removed from the existing brick on the building. The building would be
dressed up with the stucco façade and the metal cap around the top of
the building. The original color of the brick is light brown. Houle
wondered what would be done if the paint could not all be removed.
Coats stated that the company had sand blasted brick before and he
stated he was confident it could be accomplished on this building.
Commissioner Svendsen wondered if an irrigation system would be
installed for the landscaped areas and the answer was in the affirmative.
In answer to a question. Mr. Coats clarified that the new bank canopy
would be constructed of steel and would not be sprinkled.
Chair Hemken inquired if anyone in the audience wished to address the
Commission.
Mr. Paul Anderson, building owner, came to the podium. He stated that
years ago, at Christmas time, when many people had film developed,
there would be over 350 trips per day generated on the site, and there was
never a traffic problem. The only times when there was a problem was
during construction on 42nd Avenue when traffic was reduced to one
lane in each direction. Currently, the traffic count on the site would be
between 50 and 100 trips per day. He confirmed that Universal Color
would no longer occupy space in the building. He added he felt the traffic
counts on 42nd Avenue had decreased in the last several years.
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Planning Commission Meeting August 8, 2007
Les and Mary Ellen Everhart, owners of Mountain Mudd, 7530 42nd
Avenue, came forward to address the Commission. Mr. Everhart thanked
the Commission and staff for inviting them to New Hope and stated they
were happy to be in New Hope. He stated that they also operated a
trucking company and delivered large-screen televisions for Alex Audio.
He stated that making a left hand turn across two lanes of traffic onto
42nd Avenue from the site could be difficult at times. There was a
controlled intersection from the Mountain Mudd site at 42nd and Quebec
avenues. He pointed out that McDonalds was now offering a promotion
for free coffee, and understood that competition was part of the American
culture. Mr. Everhart indicated when the city invited them to locate in the
city a year ago, they were shown five different sites and the other four
sites were still vacant. He was concerned by the fact that the other tenant
bays at Village on Quebec were still vacant. He requested that the city
help by not placing all the coffee shops in one area. Mr. Everhart pointed
out that the proposed coffee shop space in the building was quite large
for a coffee shop, and the business would have an espresso machine, it
would need at least three employees on duty. He added that a drive-
through was critical for the coffee industry, as 30 percent of all business
was done at the drive-through. Mrs. Everhart added that Mountain Mudd
was growing. The franchise headquarters is located in Billings, Montana.
Mrs. Everhart emphasized they had created a dream and vision for the
location in Maple Grove and had now brought it to New Hope. Currently,
Mountain Mudd has no other cafes in the United States;.the other
locations are kiosks.
Mr. Sondrall reminded the Commission that the city cannot dictate what
business a developer brought to the site. The city’s zoning ordinance
regulated the types of businesses allowed in each zoning district.
Mr. Anderson called attention to the fact that the one hour photo
processing at Walgreens and Kmart had affected his business, but this is
America.
No one else in the audience wished to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
close the public hearing on Planning Case 07-13. All voted in favor.
Motion carried.
Motion Motion by Commissioner Svendsen, seconded by Commissioner
Item 4.1 Brinkman, to approve Planning Case 07-13, request for site/building
plan review, a variance to the side yard setback requirement to allow a
drive through lane closer than five feet to the property line and sign
code variances, 7700 42nd Avenue North, Goldridge Group LLC/7700
Partnership LLP/Paul Anderson, petitioners, subject to the following
conditions:
1.Contract for site improvements/Financial security: Applicant must
enter into a contract for site improvements with the city, which will
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Planning Commission Meeting August 8, 2007
be prepared by the city attorney. Applicant shall provide a
financial guarantee/performance bond for site improvements
(amount to be determined by city engineer and building official).
2.Building: Approval of plans by the building official is required.
The applicant shall complete all building improvements as
described in application materials. Address/suite numbers are
required for each tenant space. Additional SAC charges will apply.
3.Engineering: The applicant must comply with city engineer
recommendations (08/01/2007), including payment of a storm water
fee in the amount of $7,177.60 in-lieu of on-site storm water
ponding.
4.Planning: The applicant must comply with the city’s planning
consultant recommendations contained in the August 1, 2007
memo, including:
(a)North drive aisle to be expanded to 13 feet and parking lot
setback variance be extended to the north property line.
(b)Additional directional signage and striping of the service lanes
be provided to clearly define the one-way traffic patterns on the
site.
(c)Delivery vehicles to the site be limited to vehicles less than 30
feet in length. Deliveries must occur in off-peak service hours.
(d)Provide fence detail illustrating the proposed fence around the
outdoor dining area
(e)Provide irrigation of proposed landscaped areas.
(f)Down spouts shall not discharge across sidewalks.
(g)Building entry light levels must be reduced to five foot candles
or less. Detailed illustrations of all exterior light fixtures shall
be provided for city approval.
(h)Submit a comprehensive sign plan, per city code requirements.
5.Fire/Police: The developer must comply with the requirements of
West Metro Fire and the Police Department with regard to access,
sprinkler systems, emergency lighting, and alarms. If provided,
security alarms must be registered with the Police Department.
6.Snow Storage: The developer must provide written confirmation
that in the case of a situation where excess snow cannot be stored
on site, the snow will be removed from the site.
7.Future tenants: The vacant tenant space, if not filled by a coffee
shop, every effort shall be made to assure its usage is compatible
with the bank usage.
8.Outdoor Dining Area:
(a)The design of the proposed fence shall be clarified on the site
plans.
(b)Any proposed umbrellas shall have a minimum clearance of
seven feet above the sidewalk.
(c)Storage of furniture shall not be permitted on the sidewalk
between November 1 and March 31. Sidewalk furniture that is
immovable or permanently fixed or attached to the sidewalk
shall not be subject to the storage prohibition of this section.
However, any immovable or permanently fixed or attached
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Planning Commission Meeting August 8, 2007
furniture must be approved as part of the administrative permit
application.
Commissioner Houle questioned whether another variance was needed
for the north drive aisle due to the fact that one condition was for
expanding that drive aisle to 13 feet and extending the parking area
toward the north property line. Mr. Brixius stated that it was staff’s
recommendation to have the drive aisle 13 feet to meet code
requirements. He stated that discussion had previously taken place that
would improve the turning radius at the northwest corner of the building
and a variance would be needed for both the north and west sides of the
site. At the Design and Review meeting, it was felt the 10-foot six-inch
drive aisle may be okay due to the fact that the parking at the north was
exclusive to employees. Commissioner Oelkers pointed out that the
topography along the north property line would require a retaining wall if
the curb was located further to the north.
Mr. Coats stated that the civil plan indicated a retaining wall would run
along the north side of the property, approximately 130 feet, and be
constructed of modular stone approximately 36 inches tall at the
northeast corner. The civil plan showed the 13-foot drive aisle on the
north side. The curb line would stay in the same location, five feet from
the property line. The property line would be 20 feet from the building.
Mr. Brixius stated that, per city code, 45 degree parking required a drive
lane of 13 feet in width and the plan indicated 10 feet six inches.
Therefore, the city could accept the 10-foot six-inch or adjust the curb line
to the north to provide a wider drive lane. Either option would require a
variance. Oelkers stated that if they were going to construct the retaining
wall, it should be shifted to the north to provide the 13-foot drive aisle.
Mr. Coats stated that would be acceptable. He explained their civil
engineer recommended the retaining wall to add support for the parking
area and curbing. One concern was the turning radius at the northwest
corner of the site; therefore, the curbing was moved out toward the
property line. Commissioner Oelkers called attention to the fact that he
had recommended that the curb on the west be placed at the property
line to allow an additional three feet for the drive lanes on that side of the
building.
Commissioner Oelkers commented that Goldridge had responded to
every recommendation of the Design and Review Committee. The
market, he felt, would drive the type of tenant for the balance of the
building.
Chair Hemken stated that the motion was for a variance for the drive
through on west closer than five feet to the property line, a variance to the
sign code, and a variance for the curb on the north property line closer
than five feet to the property line.
Commissioner Houle initiated discussion on setting a precedent for
additional signage on a building for an interior lot. The building was
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Planning Commission Meeting August 8, 2007
located 82 feet from 42nd Avenue and would not be very visible even to
eastbound traffic on 42nd Avenue. The car wash building is set forward
on the lot and pylon signs cover nearly the entire side of the building. No
hardship has been demonstrated and any signage on the west side of the
building would barely be visible to eastbound traffic. Commissioner
Svendsen concurred. Mr. McDonald interjected that the previous
applicant was going to have the tenant apply for a sign variance, if
needed.
Motion by Commissioner Houle, seconded by Commissioner Svendsen
to amended the motion by removing the variance request for the
signage on the west side of the building and consider that as a separate
item.
The amended motion was for approval of site/building plan review, a
variance to the side yard setback requirement to allow a drive through
lane closer than five feet to the property line and a variance for the curb
on the north property line closer than five feet to the property line, 7700
42nd Avenue North, Goldridge Group LLC/7700 Partnership LLP/Paul
Anderson, subject to the conditions listed above.
Voting in favor: Anderson, Brinkman, Buggy, Hemken, Landy
(indicated concern with parking/traffic, but was in favor
of redevelopment), Oelkers, Schmidt, Svendsen
Voting against: Houle
Absent: Crough, Nirgudé
Motion carried.
Chair Hemken stated that this planning case would be considered by the
City Council on August 27 and asked the petitioner to attend.
Motion Motion by Commissioner Oelkers, seconded by Commissioner Schmidt,
Item 4.1 to approve Planning Case 07-13, request for variance to the sign code to
allow signage on the west side of the building, 7700 42nd Avenue
North, Goldridge Group LLC/7700 Partnership LLP/Paul Anderson,
petitioners.
Voting in favor: None
Voting against: Anderson, Brinkman, Buggy, Hemken, Houle, Landy,
Oelkers, Schmidt, Svendsen
Absent: Crough, Nirgudé
Motion denied.
Commissioner Anderson rejoined the Commission.
Commissioner Buggy left the meeting at this time.
PC07-06 Chair Hemken introduced for discussion Item 4.2, Ordinance No. 07-03,
consideration of an ordinance amending chapter 4 of the New Hope City
Item 4.2
Code relating to off road vehicles, recreational vehicles, and exterior
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Planning Commission Meeting August 8, 2007
storage.
Mr. Kirk McDonald stated that the Planning Commission had discussed
this ordinance at the July meeting and the Commission had requested
further study. The original intent was to address situations that were not
covered by the ordinance such as off-road vehicles and clarifying parking
surfaces. Codes and Standards discussed this issue along with several
issues that had not been adequately identified in the code, such as the
definition of recreational vehicles, limiting the number of recreational
vehicles per property, clarifying standards for front yard storage and
parking surface, and prohibiting certain types of vehicles. A definition
was added to identify off-road vehicles, limiting the number of vehicles to
three per property, parking surface in front yard to have two inches of
rock or other rock-type material, and side yard setback requirement to
remain at five feet. The opacity of screening material was changed to 80
percent. Side yard storage does not require a hard surface for the parking
of recreational vehicles and would not change. Farm tractors, semi
tractors/trailers, snow plows, etc. would be prohibited from being parked
in a residential area.
Mr. McDonald stated that after the July Planning Commission meeting
the Codes and Standards Committee met and discussed the ordinance
with the planner and city attorney. The consensus was that the ordinance
was adequate as it was written. The side yard surfacing material was
deleted. The ordinance would be enforced on a reasonable, complaint
basis.
Commissioner Oelkers initiated discussion on whether or not a
construction trailer would be allowed in a residential district. The
response was that any construction trailer over 12,000 pounds gross
weight was not currently allowed nor would it be in the future. Mr.
Sondrall stated that a utility trailer or an RV would be allowed because
they are defined as recreational vehicles. Commercial vehicles have never
been allowed in a residential district. The verbiage on this ordinance was
amended to be consistent with another ordinance that dealt with parking
on residential properties. Commercial vehicles in excess of 12,000 cannot
be parked on residential properties. For example, snow plow units that
would detached from the trucks and stored for the summer months must
be stored inside the garage or a shed. Subsequent to a comment at the
July meeting, the word “outside” was added to state “the following
vehicles and equipment may not be stored or parked ‘outside’ as exterior
storage on any property in the “residential” zoning districts.
Commissioner Schmidt clarified that the 80 percent opacity screening
applied to rear or side yards.
MOTION Motion by Commissioner Landy, seconded by Commissioner Schmidt,
Item 4.2 to approve Planning Case 07-06, Ordinance No. 07-03, an ordinance
amending chapter 4 of the New Hope City Code relating to off road
vehicles, recreational vehicles, and exterior storage.
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Planning Commission Meeting August 8, 2007
Voting in favor: Anderson, Brinkman, Buggy, Hemken, Houle, Landy,
Oelkers, Schmidt, Svendsen
Voting against: None
Absent: Crough, Nirgudé
Motion carried.
Chair Hemken stated that this ordinance amendment would be
considered by the City Council on August 27.
PC07-09 Chair Hemken introduced for discussion Item 4.3, Ordinance No. 07-04,
consideration of an ordinance amending chapter 1 and 3 of the New
Item 4.3
Hope City Code relating to whirlpool tubs and private swimming pools.
Mr. Jacobsen stated that the Planning Commission consider an ordinance
that would add a definition of whirlpool tubs to the New Hope Zoning
code and allow lockable covers for the tubs instead of requiring fence
enclosures. The current city code did not specify regulations for outdoor
whirlpool tubs and are treated the same as swimming pools. The county
recently changed its regulations to require whirlpool tubs to have
lockable covers. This code amendment would bring the city’s code into
conformance with the county regulations.
The Planning Commission considered this ordinance at the July meeting
and requested additional information. The building official did not
recommend adding “lockable” to the ordinance verbiage, due to the fact
that the city cannot force a property owner to lock the cover, which
would match the language in the building code. Codes and Standards
and staff recommended approval of the ordinance amendments related to
whirlpool tubs.
Mr. Jacobsen reported that the mayor recently expressed a concern that
above ground inflatable pools should be fenced to prevent a potential
drowning and staff requested that the Commission review the zoning
code to possibly amend the ordinance dealing with fencing requirements
around portable/inflatable swimming pools. State and city regulations are
not consistent. State regulations require a building permit and fence for
pools 24 inches in depth and greater than 5,000 gallons of water, or a
diameter greater than 20.63 feet. City code requires a building permit and
fence for pools greater than 18 inches in depth and a surface area of more
than 150 square feet, or a diameter greater than 13.8 feet. The smaller
inflatable pools sold at the hardware store generally are 24 inches in
depth but only have a diameter of eight feet, and would not be regulated
by city or state regulations. The inspections department was concerned
about the difficulty of enforcement with the variations in the two codes.
Jacobsen asked that the Planning Commission advise staff if it would like
the Codes and Standards Committee to review this ordinance. Staff
would recommend that the city code be amended to meet state
guidelines.
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Planning Commission Meeting August 8, 2007
Mr. McDonald interjected that this issue was identified due to child
safety. City code currently stated that all constructed pools should be
surrounded by a fence, but does not address inflatable pools. One option
would be to add verbiage to state “all constructed pools, including
inflatable pools, shall be surrounded by a fence.” Another option would
be to state “all constructed pools, including inflatable pools, requiring a
permit shall be surrounded by a fence.” The Commission should
determine whether or not it would want to regulate pools smaller than
5,000 gallons, which would make the city’s ordinance more restrictive
than the state building code, or not address the issue at all.
Mr. Sondrall stated that he would recommend the Commission first
adopt the current ordinance amendment dealing with the whirlpool tubs.
The latching mechanisms around whirlpool tubs needed to be dealt with
regardless of fencing requirements for inflatable pools. The city code
defined a private swimming pool as a pool 18 inches or more in depth
and had a plane surface of 150 square feet. Both of these items must exist
before the city would regulate a private swimming pool, whether it was a
permanent structure or inflatable.
Commissioner Oelkers suggested that the Codes and Standards
Committee review all the material pertaining to inflatable pools and bring
a recommendation back to the full Planning Commission and take action
on the whirlpool tub issue. Commissioner Landy concurred.
MOTION Motion by Commissioner Landy, seconded by Commissioner Oelkers, to
Item 4.3 approve Planning Case 07-09, Ordinance No. 07-04, consideration of an
ordinance amending chapters 1 and 3 of the New Hope City Code
relating to whirlpool tubs and private swimming pools.
Discussion ensued on whether or not the phrase including inflatable
pools should be included in the amendment. Mr. Sondrall explained that
the amendment was basically the same as the current ordinance, except
for making the definition and section 3-25b1 consistent. The amendment
would require that whirlpool tubs not enclosed by a fence be required to
have a lockable cover installed for when the tub was not in use by the
property owner.
Voting in favor: Anderson, Brinkman, Buggy, Hemken, Landy, Oelkers,
Schmidt, Svendsen
Voting against: Houle
Absent: Crough, Nirgudé
Motion carried.
Chair Hemken stated this ordinance amendment would be considered by
the City Council on August 27.
Design and Review Commissioner Svendsen reported that the Design and Review Committee
met with the petitioners. McDonald added that a pre-application meeting
Committee
had been conducted, however, staff was not aware if it would move
Item 5.1
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Planning Commission Meeting August 8, 2007
forward for the September meeting. Staff would contact the committee if
a meeting was necessary on August 16.
Codes and Standards Chair Hemken stated that the Codes and Standards Committee had met
on July 25 to review the two ordinances referred back to committee,
Committee
continue discussion on the sign code, and briefly discussed the
Item 5.2
solicitation ordinance as requested by the Planning Commission. Another
committee meeting would be scheduled in the next month or two.
Comprehensive Plan Commissioner Landy reported that the committee would be meeting on
August 16 to finish the development framework section and begin
Update Subcommittee
reviewing the planning districts of the comprehensive plan.
Item 5.3
Commissioner Houle questioned whether any open house dates had been
scheduled. McDonald stated the committee work may require three more
meetings. Review the previously described material in August, finish the
planning districts at the second meeting, and review the full plan at the
third meeting before it would be presented to the City Council at a work
session. Staff would propose conducting the open houses in January
possibly in different locations in the community. A suggestion was made
to advertise in Pipeline brochure that was sent with the utility bills.
OLD BUSINESS There was no old business discussed.
Miscellaneous Issues
NEW BUSINESS
Motion to Approve Motion by Commissioner Landy, seconded by Commissioner Svendsen,
Minutes to approve the Planning Commission minutes of July 10, 2007. All voted
in favor. Motion carried.
ANNOUNCEMENTS Commissioner Svendsen pointed out that there are tall weeds located in
the boulevards on properties along 36th Avenue between Boone and
Hillsboro avenues. Svendsen also mentioned that some of the sidewalls
on the elongated stoops are collapsing at Winnetka Green along Bass Lake
Road. Mr. McDonald stated he would have staff look into these matters.
Commissioner Oelkers questioned whether or not property owners were
required to use the irrigation systems that were approved as part of a
project, as there are several businesses where the grass and landscaping
on the properties was dying. Mr. Sondrall commented he felt the
irrigation system was part of the landscaping plan, and part of the
approval of the project, and should be utilized. McDonald added that it
had been a very dry year and the landscaping at many properties was
under stress.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:50
p.m.
Respectfully submitted,
13
Planning Commission Meeting August 8, 2007
Pamela Sylvester, Recording Secretary
14
Planning Commission Meeting August 8, 2007