060303 planning
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 3 2003
City Hall, 7:00 p.m.
CALL TO ORDERThe New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chairman Landy called the meeting to order at
7:00 p.m.
ROLL CALL Present: Barrick, Brauch, Buggy, Hemken, Landy, Oelkers, O’Brien,
Svendsen
Absent: Anderson
Also Present: Kirk McDonald, Community Development Director, Steve
Sondrall, City Attorney, Alan Brixius, Planning Consultant,
Vince VanderTop, Assistant City Engineer, Ken Doresky,
Community Development Specialist, Pamela Sylvester,
Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC02-12 and 03-04 Chairman Landy introduced for discussion Item 4.1, Request for
Preliminary Plat for Parish Community of St. Joseph to Subdivide Parcel,
Item 4.1
Site/Building Plan Review, and Conditional Use Permit for Church
th
Expansion and Shared Parking, 8701 36 Avenue North, Church of St.
Joseph, Petitioner.
Mr. Alan Brixius, planning consultant, stated that Church of St. Joseph was
th
located at the corner of 36 and Boone avenues. A single family residential
area, known as the Kimball Addition is located directly to the west, an
elementary school to the south, and single family residential across both
th
36 and Boone avenues to the east and north, respectively. The
application is for an expansion of the existing church and a preliminary plat
that would subdivide the parcel into one lot and one outlot. The site is
zoned R-1 which allows churches by conditional use permit. The second
conditional use permit requested is for shared parking with Sonnesyn
Elementary School. Outlot A is intended to be sold for a future subdivision
th
off of 35 Avenue. Lot 1 exceeds the lot area standard. The total area
consists of 8.9 acres and the lot width exceeds 300 feet. A number of
issues were raised on the overall plat with regard to drainage and utility
easement. The ponding area would be sized to handle all of the storm
water drainage from the church and would be constructed in conjunction
with the city. Easements are proposed along the perimeter of the proposed
plat. The city requested a five foot utility easement to be extended along
the southern property line. Proper rights-of-way have been dedicated for
th
both Boone and 36 avenues as part of the subdivision.
Any church expansion is required to obtain a conditional use permit
amendment. The request was for new construction of approximately
15,420 square feet, expanding the total building to a total of 43,501 square
feet. The existing building is 30 years old. The church currently provides
four worship services, one on Saturday night and three on Sunday for
approximately 1800 families in the High Hall. The purpose of the expansion
is to provide adequate space for youth activities. Currently, the High Hall is
used for multiple activities and chairs need to be rearranged for each
event. A new worship hall is being proposed to be connected to the existing
building on the west to accommodate seating for 950 people. The proposal
for Lot 1 meets all performance standards for lot area, width and height.
The steeple rises above 35 feet, but is not considered roof height. The
building meets all required setbacks. Four access points are being
proposed to access the existing parking. There was one change in the curb
for Lot 1 meets all performance standards for lot area, width and height.
The steeple rises above 35 feet, but is not considered roof height. The
building meets all required setbacks. Four access points are being
proposed to access the existing parking. There was one change in the curb
thth
cut on 36 Avenue as part of the 36 Avenue improvement project. With
the proposed expansion, 317 parking stalls would be required per code.
Proposed stalls on site would be 264 and adding 106 shared parking stalls
at the elementary school would bring the total to 370. With regard to ADA
stalls, eight are required and 12 stalls are shown on the plan. All parking
meets the dimensional requirements of the city.
Brixius stated that the church would be adding additional foundation
plantings around the perimeter of the new sanctuary. The size, type, and
number of plantings should be provided for the entire site. There currently
is a major concern with the grading and storm sewer treatment along the
west side of the property, adjacent to the Kimball Addition. Many mature
trees provide a vegetative screen between the two properties, and upon
removal of the trees during construction, the applicant should replace this
screening with over-story trees to soften the appearance of the building and
to restore a portion of the vegetation.
The elevations of the building indicate that the new addition would
complement the existing structure. The north and east elevations for the
sanctuary would include a mix of concrete panels, stone veneer, metal
siding, metal coping, aluminum curtain walls and glass. The south and west
sides would include a mix of concrete wall, precast concrete panels, metal
siding, metal coping, and glass with prefinished metal louvers. The metal
siding is proposed to be architectural metal copper or powdered coated
bronze with vertical joists that would simulate the neighborhood wood
battens. Brixius stated the police department recommended lighting at the
north exist of the sanctuary addition. All lighting on the site would meet city
requirements and not exceed one foot candle at the property line. The
applicant would not be changing any signage. Fire department access has
been provided around the building, as well as a fire hydrant for water
supply on the south side of the building. A fire department lock box would
be required on the southeast corner or front side of the building.
Mr. Vince Vander Top, assistant city engineer, stated that St. Joseph’s
Church has been very responsive to the engineering and public works
issues. VanderTop stated that city staff would continue to work with the
church on several issues. In the city’s Surface Water Management Plan,
the area behind and to the southwest of St. Joseph’s Church was identified
as a regional ponding area. It is the confluence of several different storm
water streams. On the south end of the property, from Boone Avenue there
is a storm sewer that comes from Hidden Valley Park and flows along the
th
south property line into the ravine. Water from the area around 35 would
also flow toward that regional ponding area. The water would flow from this
th
pond toward 36 Avenue and eventually to Northwood Lake. All of this
area is part of the Bassett Creek Watershed system and the improvements
nd
are part of the Surface Water Management Plan and Bassett Creek’s 2
Generation Watershed Plan. St. Joseph’s Church identified a small pond
that would take care of its own site requirements. A preliminary regional
pond design has been proposed, however, there was some concern on the
closeness to the church building and how it related to the future residential
on Outlot A. The regional pond would take care of the church’s
requirements as well as the water quality requirements for the future
residential area and appropriate regional requirements. VanderTop stated
the church had identified the infrastructure and the expense of capturing
the water from the front parking lot in a storm sewer and routing it around
the building to the storm water pond.
2
Planning Commission Meeting June 3, 2003
the building to the storm water pond.
VanderTop indicated that no changes were proposed for the sanitary sewer
service. The water service would be upgraded. In looking ahead to the new
residential development on Outlot A, the city identified the need for a
th
looped water main connection between 35 and Ensign and Boone
avenues, which is shown on the plans. This would accomplish an improved
water service, allows the church to install a fire hydrant on the south side of
the building, and would loop through the proposed residential area. Without
the loop, maintaining adequate water pressure would be a concern.
VanderTop stated that since the loop would serve future residential
properties, there was some concern this would be a public water main on
private property, and the plat should indicate an easement. The city would
coordinate with the church during the construction of its water main, and
construct the public water main along the south property line easement
area.
No transportation issues were cited with the existing accesses. The north
th
driveway access was reconstructed with the city’s 36 Avenue
improvement project.
Brixius stated that a second conditional use permit was for shared parking
with Sonnesyn Elementary School. The proximity of the shared parking
must be within 300 feet of the facility. There would not be a conflict in
hours between the church and school. A recordable document must be
submitted for the shared parking. Brixius stated that a Use and Hold
Harmless Agreement had been received by the city and executed by both
parities. The city attorney indicated that this agreement was not a
recordable document. Another issue was the specific time period for use
that extended from May 1, 2004, to May 31, 2010, and what happens after
expiration or cancellation by either party.
Brixius stated that staff was recommending approval of both conditional
uses and the plat, subject to the conditions listed in the planning report.
Commissioner Svendsen questioned whether the storm water from the
school’s property would flow into the new regional pond. VanderTop replied
that the school had recently reconstructed the north parking lot and added
a new parking lot to the south. Water from the new parking lot flows toward
the Hidden Valley pond. Water from the north parking lot flows into a storm
scepter which discharges into the storm sewer and into the new pond.
Ultimately, all the water would flow into the new pond.
Svendsen wondered about the Kimball Addition water main and was told
that water main terminated at the cul-de-sac.
Mr. John Olson, business administrator for St. Joseph’s Church, came
forward to answer questions. He informed the Commission that their
architect had updated information on the fire hydrant, and indicated that
the timeframe on the agreement with the school district for use of the
parking lot was because by the time the agreement expired the church
expected to have additional on-site parking constructed. Commissioner
Buggy stated that the agreement with the school was for Sunday services
only and wondered about parking for Saturday evening or special services
or holidays where there would be a need for additional parking. Olson
concurred that Easter and Christmas may need to be added to the
agreement, but attendance on Saturday evenings was lower and the
existing church parking was ample.
3
Planning Commission Meeting June 3, 2003
Svendsen complemented the applicant on the plans and stated he
appreciated the fact that the church had complied with the suggestions of
the Design and Review Committee. He mentioned the petitioner had
acknowledged they would paint any new and existing HVAC units to match,
th
and would connect the sidewalk on the north side to 36 Avenue.
Mr. Richard Sturman, BWBR Architects, came forward to correct one
comment about the fire hydrant. The fire inspector recommended moving
the hydrant toward the south parking lot for easier access for the fire
department.
Commissioner Brauch questioned where the church could provide
additional parking when the agreement with the school expired. Sturman
th
responded that the two buildings at the corner of 36 and Boone avenues
are currently utilized for offices and occasional meeting rooms. The master
plan of the church indicated that when the sanctuary construction was
completed, additional funds would be procured to construct additional
offices and meeting rooms in the existing building, the two buildings at the
northeast corner would be demolished. There may be some additional
space adjacent to the south parking lot to allow for expansion as well.
Mr. Steve Sondrall, city attorney, reported that the Use and Hold Harmless
Agreement would not satisfy the city code. He stated he was concerned
that the city approve the development and current parking arrangement,
based upon proposed future parking expansion. In the past, the city has
required a proof of parking type of restrictive covenant that has been
placed on the property that would require the applicant to construct parking
at the request of the city in the event the city concluded parking was a
problem and was needed. This would be associated with a variance for
parking at this time with the proof of parking recorded against the property
and to be implemented in the future, if needed. If the city would accept this
document and approve a conditional use permit for off-site parking to avoid
entering into a variance agreement, then the current document would need
to take the form of a license agreement that would be permanent in nature
and would allow the church to satisfy the parking requirements. Mr. Olson
stated that the church would be agreeable to signing such an agreement.
Chairman Landy questioned whether the parish had secured funds for the
expansion. Olson indicated that the capital campaign had concluded and
they were negotiating with a bank and another financial institution to secure
the loan for the project.
Commissioner Buggy questioned the timeline for selling the outlot for
development. Olson replied that once the plat had been recorded they
would begin to market the property, and hopefully could negotiate a
purchase with a developer sometime this fall.
Landy asked if anyone in the audience wished to address the Commission.
Mr. Brian Gilbert, 3532 Decatur Court, came forward. He asked when the
dead trees and other debris along the west property line would be cleaned
up. Olson stated he was not sure who was responsible for cleaning up the
ditch area, but the church would do whatever it could do. VanderTop
indicated that the ravine between Decatur Court and the church is where
the city would be constructing a storm sewer and connecting to the storm
th
sewer under 36 Avenue. During that project, the area would be cleaned
up.
There being no one else in the audience to address the Commission, the
public hearing was closed.
4
Planning Commission Meeting June 3, 2003
public hearing was closed.
Motionseconded
by Commissioner Brauch, by Commissioner Svendsen
to close the Public Hearing
on Planning Cases 02-12 and 03-04. All
voted in favor. Motion carried.
Commissioner Oelkers wondered if the future demolition of the buildings at
th
the corner of 36 and Boone avenues would have any affect on the plat
and was told that it would not, as buildings are not shown on the final plat.
The city attorney stated that the city would require a commitment for title
insurance to insure that the title for the easements the city was requiring
were secure.
MOTION Motionseconded
by Commissioner Svendsen, by Commissioner Buggy,
Item 4.1 to approve Planning Cases 02-12 and 03-04, Request for Preliminary
Plat for Parish Community of St. Joseph to Subdivide Parcel,
Site/Building Plan Review, and Conditional Use Permit for Church
th
Expansion and Shared Parking, 8701 36 Avenue North, Church of St.
Joseph, Petitioners, subject to the following conditions:
1. Enter into Development Agreement with City and provide bond for
site improvements (amount to be determined by City Engineer and
Building Official).
2. Comply with City Engineer recommendations on plat and plans.
3. Comply with City Attorney plat recommendations.
4. Approval by Building Official.
5. Approval by West Metro Fire District.
6. Preliminary plat is to be revised to show a five-foot utility
easement along the southern lot line as well as a utility easement
over the looped water main to the south of the building.
7. Submittal of a signed, recordable joint parking agreement
between the church and District 281, subject to the approval of the
City Attorney.
8. Submittal of a tree preservation plan including a listing of the
number, type, and dimensions of replacement trees.
9. Provision of evidence of title or commitment for title insurance
establishing church’s ability to convey easements to City.
10. Planning Commission waive review of final plat.
Voting in favor:
Barrick, Brauch, Buggy, Hemken, Landy, O’Brien,
Oelkers, Svendsen
Voting against:
None
Absent:
Anderson
Motion carried.
Landy stated that this planning case would be considered by the City
Council on June 9 and advised the petitioner to attend.
PC03-06 Chairman Landy introduced for discussion Item 4.2, Request for
th
Conditional Use Permit and Site/Building Plan Review, 9200 49 Avenue
Item 4.2
North, Pierce Fleming/Plymouth Heights Pet Hospital/City of New Hope,
Petitioners.
Mr. Ken Doresky, community development specialist, stated the petitioner
was requesting a conditional use permit to allow an animal kennel in an
Industrial zoning district and site/building plan review to allow construction
th
of a new 7,480 square foot veterinary clinic at 9200 49 Avenue. The site
is zoned industrial, with industrial uses to the north, east and west, and
th
residential properties to the south across 49 Avenue. The site area
5
contains approximately 1.86 acres. The property is currently owned by the
Planning Commission Meeting June 3, 2003
city, and the city is selling the southern 2/3rds of the property to Dr. Pierce
Fleming for the pet hospital. The city will retain ownership of the northern
portion of the property for regional ponding. The lot split of the property
would be accomplished through an administrative permit. The
th
residential properties to the south across 49 Avenue. The site area
contains approximately 1.86 acres. The property is currently owned by the
city, and the city is selling the southern 2/3rds of the property to Dr. Pierce
Fleming for the pet hospital. The city will retain ownership of the northern
portion of the property for regional ponding. The lot split of the property
would be accomplished through an administrative permit. The
Comprehensive Plan states that the primary goal in planning district #3 is
the preservation and enhancement of its industrial land uses by promoting
th
industrial infill development on the remaining vacant parcels on 49
Avenue. The building area would be 9.7 percent of the lot, the green area
would be 66.5 percent and the paved area would be 24.3 percent.
Doresky reported that in 1997 the city purchased this vacant 2.8 acre
industrial property because the site was identified in the New Hope Surface
Water Management Plan as a future site for a water quality pond to
improve the water quality of the large wetland north of and adjacent to the
site. The city acquired the site to have control over the future development
of the site and had been interested in a potential joint-cooperative
development where a development could occur in conjunction with the
installation of a water quality pond. Over the years, the Council considered
several potential developments, but until now a development proposal had
not moved forward due to the poor soils on the site. Soil correction would
be a component of this project and was taken into account with the
purchase agreement.
Last summer the Planning Commission and City Council approved plans to
relocate Ahrens Trucking to this site, however, that proposal did not
proceed.
At the April 24 City Council meeting, the Council conducted a public
hearing for the sale of the southern portion of the property to the Plymouth
Heights Pet Hospital. The closing of the property would take place on or
before July 31.
Doresky reported that the Plymouth Heights Pet Hospital submitted a
proposal to construct a new veterinary clinic and animal kennel. The kennel
would be allowed by conditional use permit in an industrial district. A future
city facilitated storm water pond would be located behind the proposed
development. The pet hospital would like to begin construction this summer
and the city would the construct the regional pond in the winter, because
excavation is easier when the ground in the wetland is frozen.
The petitioner submitted a narrative indicating that controlled drugs would
be kept in two different double lock safes, which would be in a hidden area
and would contain most of the stock of controlled drugs. A smaller safe
would be in the treatment area stocking only what would be needed for
short periods of time. Logs are kept for each safe noting drugs, volume or
counts removed and the initials of those dispensing the drugs. Keys would
be available to a limited number of employees. No chemicals are kept on
the premises. After hours security would include motion detectors and
would be monitored by a 24-hour security service. The service would also
monitor smoke and heat detectors. Office hours are Monday through
Friday, 7:30 a.m. to 6 p.m., Saturday, 8 a.m. to noon, and Sunday 5 to 6
p.m. for boarder discharge only. Current staff includes approximately 30
full and part-time positions.
Property owners within 350 feet of the property were notified and only one
property owner stopped at city hall to review at the plans.
6
Planning Commission Meeting June 3, 2003
Doresky stated that the purpose of a conditional use permit was to provide
the city with a reasonable and legally permissible degree of discretion in
determining suitability of certain designated uses upon the general welfare,
public health, and safety. In making this determination the city may
consider the nature of adjoining land or buildings, similar uses already in
existence and located on the same premises or on other lands close by,
the effect upon traffic, and any other factors the Planning Commission
deemed necessary. The CUP should comply with the following criteria: 1)
That the proposed action is consistent with the Comprehensive Plan, 2) is
compatible with adjacent land uses, 3) conforms with all performance
standards contained in the code, and 4) no depreciation in value. Specific
criteria for the industrial district include: 1) the use would not have an
adverse effect upon existing development, and 2) the use would provide an
economic return to the community.
Doresky pointed out that at the May Planning Commission and City Council
meetings, an ordinance was approved allowing commercial animal kennels
and animal day care facilities as conditional uses in the industrial zoning
district, subject to the 11 criteria listed in the ordinance. An exemption in
the ordinance, states that a veterinary clinic that boards 10 animals or
fewer are permitted uses in this district. Plymouth Heights Pet Hospital
intends to board more than 10 animals at a time.
The Design and Review Committee met with the petitioners and revised
plans were submitted as a result of that meeting.
th
Doresky stated that the proposed right of way along 49 Avenue measured
35 feet with a five-foot street easement. The 20-foot drainage and utility
easement was reduced to 15 feet including the expanded right-of-way. All
building setbacks comply with the city code. Required parking is 25 stalls
and 29 are provided on the plan. Two ADA stalls are shown on the plan.
th
The primary access off of 49 Avenue is directly across from Erickson
Drive and would be 24 feet wide. The driveway shall be constructed to a
nine-ton design standard to accommodate city access to the regional pond.
Snow storage has been specified on the site plan. A permanent easement
description must be provided for city access to the drainage pond. The
portion of the access drive located within the permanent city easement
shall be a green driveway design. The site plan identifies a 20-foot
temporary access easement to the city along the eastern side of the
property. The trash container will be stored in a trash enclosure and
wheeled out on collection day. The enclosure would be a 6-foot high screen
wall with lap siding similar to the building. The gate will be chain link with
slats. The fire department connection would be located on the west side of
the building, approximately 70 feet from the southwest corner of the
building. There would be B612 curb and gutter around the parking lot with a
portion of it tip-out to allow for drainage. Lap siding is proposed around the
entire building with masonry veneer along the building base. The boarding
area at the northern portion of the building is constructed of rock faced
concrete masonry. Asphalt shingles would be placed on the roof. The
building would include a sprinkling system. HVAC units would be painted to
match the building. The plans show a future roof panel over the dog runs
on the northern portion of the building.
The landscape plan shows a total of 112 new plantings on the site. Sod
would be placed along the nine-foot strip on both sides of the entryway and
th
on the edge of each front parking lot and along 49 Avenue. Prairie grass
seed would be placed on all disturbed areas not receiving sod, and all sod
and planting beds would be irrigated. Several trees would remain
undisturbed on the site. The majority of the undisturbed site is on the
southwest portion of the property. The plan indicates tree protection lines
with 32 trees to be retained. The proposed water main has been relocated
7
Planning Commission Meeting June 3, 2003
to preserve as many trees as possible. Doresky stated that the planning
consultant was recommending the applicant provide four additional spruce
trees to provide a full screening effect at the northwest property line.
southwest portion of the property. The plan indicates tree protection lines
with 32 trees to be retained. The proposed water main has been relocated
to preserve as many trees as possible. Doresky stated that the planning
consultant was recommending the applicant provide four additional spruce
trees to provide a full screening effect at the northwest property line.
The building elevation displays two wall signs, one near the primary
entrance and another along the western corner of the building. Two wall
signs are permitted provided they do not exceed 250 square feet or 15
percent of the front building facing. One monument sign with a masonry
base and approximately nine feet in height would be placed near the
entrance. A directional sign would be placed along the internal driveway to
direct people to either the hospital or boarding areas. Both signs meet the
10-foot setback requirement. Lighting details were provided and show three
30-foot pole lights around the parking lot perimeter. The lighting plan
indicates foot-candle contours at the property line.
The CUP criteria states that the facility’s minimum size should be 75
square feet per dog and 20 square feet per cat. The floor plan indicates
compliance with the requirement. Based on the proposed 27 dogs and 15
cats, the petitioner would need to provide a minimum of 2,325 square feet
of space and the plans indicate 3,150 square feet of space provided. The
plans show the building would also provide a waiting room, reception area,
records area, pharmacy, treatment area, four exam rooms, a consultant
room, exercise room, lab, x-ray room, two accessible restrooms, a break
room, surgery area, office, separate feline and canine rooms and a kitchen.
The boarding area would include a boarding reception area, a separate cat
area, 12 luxury boarding suites, and 16 standard suites, with seven dog
runs to the rear of the property.
Mr. VanderTop, city engineer, explained that this site contains poor soils on
the front of the property. The applicant has moved the building back from
th
49 Avenue to avoid the poor soils, and yet allow enough room for the city
to construct the regional pond. This application includes a small pond for its
own storm water runoff. Since this property had been reviewed by Shingle
Creek Watershed in the past, a review for this application was not required.
VanderTop would be inquiring of the Watershed to determine if the small
pond was necessary and have the applicant discharge the storm water
th
directly into the regional pond. The water main along 49 Avenue would be
reconstructed to allow for the pet hospital to stub its water service to this
line. The city had required the driveway access be directly across from
Erickson Drive, which is shown on the plans. There is a sanitary sewer lift
station at the southwest corner of the property that would be maintained.
There is a trunk sewer that runs along the west property line to the lift
th
station at 49 Avenue. The sewer service for the pet hospital would come
out of the building and connect to the west line.
Doresky stated that staff recommended approval of the request subject to
the conditions listed in the report.
Dr. Pierce Fleming, owner of Plymouth Heights Pet Hospital, 3401
Highway 169, Plymouth, came forward to answer questions of the
Commission. Dr. Fleming indicated that revised plans were submitted
showing an additional kennel had been added and a back door eliminated.
Commissioner Svendsen commented that one parking stall on the west
side was to be eliminated for fire hydrant access. Svendsen questioned
whether the permanent city easement to access the pond was to be shown
on the plat. The city attorney stated that generally the easement would be
shown along with a document number. Brixius interjected that on a final
plat grading and utility easements could be shown and that access
8
Planning Commission Meeting June 3, 2003
easements are recorded separately and not shown on the final plat. The
city would prepare an administrative lot split for this property. The city
would be preparing the easement description through the parking lot.
shown along with a document number. Brixius interjected that on a final
plat grading and utility easements could be shown and that access
easements are recorded separately and not shown on the final plat. The
city would prepare an administrative lot split for this property. The city
would be preparing the easement description through the parking lot.
Svendsen mentioned that the applicant was to update the plans to show
the men’s restroom to be ADA compliant. He reiterated that the driveway
construction for the easement should be a nine-ton design. Clarification
was requested that the curb and gutter would be B612 typical.
Commissioner Brauch asked for clarification on staffing requirements for
the clinic and boarding area. Fleming stated that there are separate duties
for the two areas, but staff was one and the same.
Commissioner Barrick requested clarification on the number of kennels and
it was confirmed that the total would be 28. A question was raised as to the
difference between a luxury suite and a regular suite. Fleming stated that
the luxury suite was larger and included a bed for the animals. The major
difference was in the service, with two walks per day and more exercise
time.
Landy asked if anyone in the audience wished to address the Commission.
Ms. Marjorie Ostrom, 4885 Flag Avenue, came forward. She asked for
clarification on whether all of the kennels were on the interior of the
building with only the dog runs on the outside. Fleming responded that the
dogs would be outside in the mornings from 8 to 10 a.m. and in the
afternoons from 2 – 4 p.m. for exercise times. She asked what happened
with the dog waste and was told that it goes in the trash, as well as waste
from surgery. She also inquired of the impact spraying for mosquitoes
would have on the dogs.
There being no one else in the audience to address the Commission, the
public hearing was closed.
Motionseconded
by Commissioner Svendsen, by Commissioner
to close the public hearing
Hemken, . All in favor. Motion carried.
MOTION Motionseconded
by Commissioner Svendsen, by Commissioner Oelkers,
Item 4.2 to approve Planning Case 03-06, Request for Conditional Use Permit
th
and Site/Building Plan Review, 9200 49 Avenue North, Pierce
Fleming/Plymouth Heights Pet Hospital/City of New Hope, Petitioners,
subject to the following conditions:
1. The petitioner obtain ownership of the property.
2. Comply with City Engineer recommendations, including those
dated May 28, 2003.
3. Approval of plans by Building Official.
4. Approval of plans by West Metro Fire-Rescue District.
5. City Attorney review and comment on all easements and
declaration documents to ensure pond maintenance access
easements on the property are properly established and
maintained.
6. Enter into a Development Agreement with the City and provide
performance bond (amount to be determined by the City Engineer
and Building Official.
7. Correct minor landscaping error and comply with City Planner’s
recommendation of additional landscaping (four (4) spruce trees)
at the northwest portion of the property.
9
Planning Commission Meeting June 3, 2003
recommendation of additional landscaping (four (4) spruce trees)
at the northwest portion of the property.
8. Submit revised sheets A1.1, A1.2 and the Site/Grading Plan
consistent with the kennel configuration change and rear
elevation change submitted on May 28, 2003.
Voting in favor:
Barrick, Brauch, Buggy, Hemken, Landy, O’Brien,
Oelkers, Svendsen
Voting against:
None
Absent:
Anderson
Motion carried.
Landy stated that this planning case would be considered by the City
Council on June 6 and advised the petitioner to attend.
PC03-07 Chairman Landy introduced for discussion Item 4.3, Request for
th
Preliminary Plat Approval for Thompson New Hope Addition, 8501 54
Item 4.3
Avenue North, David Thompson/Redwing Properties LLC, Petitioner.
Mr. Kirk McDonald, community development director, stated that the
petitioner was requesting preliminary plat approval for Thompson New
Hope Addition to divide an existing lot into two parcels, Lot 1, Block 1 and
Outlot A. The purpose of the subdivision was to allow for the future sale
th
and development of the outlot. The property is located on 54 Avenue in
an industrial zoning district, with industrial land uses to the east, west, and
south and R-1, single family residential, and R-4, North Ridge Apartments,
th
high density residential on the north side of 54 Avenue. The CP Rail
system abuts the parcel on the south. The total site area contains 7.824
acres. There is an existing one story building on the western portion of the
site that contains approximately 65,000 square feet. The lot area ratios for
the existing parcel are 58 percent green, 20.6 percent pavement and 20.6
percent building. The city’s Comprehensive Plan indicated that the city’s
primary goal for Planning District #5 is to promote and enhance the
industrial land uses by working with existing property owners.
McDonald reported that Redwing Properties LLC was requesting to
subdivide the parcel into one lot and an outlot. The property currently has a
metes and bounds property description and city code requires it be platted
when subdivided. Lot 1 has an existing building on it and the outlot is
unimproved but would provide access and drainage easements for Lot 1.
There is a circular drive on the property. The proposed plat lists a number
of notes corresponding to existing easements, proposed easements and
statement of encroachments.
The petitioner submitted a letter requesting platting of the property to
th
facilitate the sale of the existing building at 8501 54 Avenue. The party
expressing the most interest in the building does not need the excess land.
The property owner has decided to either lease the entire facility or sell it.
In order to not inhibit the sale of the existing property because of price or
the increased tax burden due to the excess land value, they were
proposing an outlot. A perpetual easement agreement with the east and
west ingress and egress to the site would be provided. Property owners
within 350 feet of the property were notified and no comments were
received. The petitioner requested that the Planning Commission waive
review of the final plat.
McDonald stated that the preliminary plat had been submitted to utility
companies and consultants for review and comment. The planning
consultant indicated that the lot area, lot width, and green space standards
exceeded minimum code standards. The existing building was one-story in
10
height. The front and side yard setbacks comply with code. The building
Planning Commission Meeting June 3, 2003
encroaches approximately one foot into the rear yard setback and thus is
non-conforming. McDonald mentioned that Waymouth Farms property
abuts this property to the west and there was an existing storm water pond
on its site. With the platting of the property, land would need to be set aside
exceeded minimum code standards. The existing building was one-story in
height. The front and side yard setbacks comply with code. The building
encroaches approximately one foot into the rear yard setback and thus is
non-conforming. McDonald mentioned that Waymouth Farms property
abuts this property to the west and there was an existing storm water pond
on its site. With the platting of the property, land would need to be set aside
for future storm water improvements. An easement area was shown on the
southern portion of Outlot A for storm water improvements. The city
attorney’s comments were routine in nature.
Total parking stalls required on the site for the existing building is 65 with
51 spaces provided. The petitioner has shown proof of parking for the
additional parking. The city would recommend that the petitioner add two
additional ADA stalls now. No additional landscaping was proposed at this
time, however, as the site develops a landscaping plan should be
submitted in conjunction with demonstration of proof of parking. Upon
purchase of the property and submission of a development plan, the
placement of the storm water and driveway easements may change. There
is one building identification sign on Lot 1 and the existing sign on Outlot A
would be removed. Easements 10 feet wide, centered on rear and other lot
lines, have been provided for utilities. The proposed drive access
easement would be a floating easement to allow development of Outlot A,
but would assure the owner of Lot 1 the ability to maintain traffic flow
through Outlot A and Outlot A through Lot 1. Creation of a storm sewer
easement over a portion of existing storm sewer lying on Outlot A would be
required. At time of development of Outlot A, the easement would be
maintained or vacated depending on development. Proposed ponding
easement in southeast corner of Outlot A is subject to change at time of
development of property.
Mr. VanderTop explained that the some drainage on the site flows in a pipe
under the building and discharges to a low area on the Waymouth property,
at 5300 Boone Avenue. The runoff then was picked up by a private storm
sewer that routed the storm water north on Boone Avenue toward the
wetland at Victory Park. City staff was looking ahead to when the outlot
may be developed from a storm water standpoint. Various options could
occur. First, it would be desirable to take out the storm sewer pipe from
under the building. Currently, staff is not aware of any easements for storm
water flowing through the Waymouth Farms property. If the outlot develops
and becomes more impervious and the rate of water increases, there would
need to be some method to detain that water and provide water quality
treatment before it goes through Waymouth’s property. The way the
easement is shown on the plat, allows for a pond to be constructed. At the
time of development of the outlot, the property would have to be replatted
and the exact dimensions could then be determined. The entire lot slopes
to the south toward the railroad tracks and the runoff would need to be
rerouted toward the Waymouth pond. VanderTop reiterated that by
configuring the plat in this way there would be minimal expense to the
applicant at this time but yet keep options open for the future.
Commissioner Svendsen initiated discussion on the railroad spur and
whether or not it goes onto the property. It was confirmed that the spur
stops at the property line.
Mr. Greg McDonald, Collier Towle Real Estate and representative of David
Thompson of Redwing Foods, came to the podium to answer questions of
the Commission. He commented that the ingress sign on the east side of
the property was a directional sign for trucks and requested that the sign be
retained in that location.
11
Planning Commission Meeting June 3, 2003
Commissioner Svendsen questioned if the Planning Commission needed
to deal with the nine-foot rear yard setback, which makes the property non-
conforming. Brixius stated that the use is a legal non-conforming use and
the subdivision of the lot would not increase the degree of non-conformity.
Svendsen stressed to the petitioner that upon development of the outlot
that the storm sewer would need to be deal with. Mr. Greg McDonald
responded that they would not be the developers, but would instead sell the
property to a developer who would need to complete that requirement.
Brixius added that ponding would be required before any further
improvement of Lot 1, such as expanding the parking, took place. When
Outlot A was developed, ponding would be required. It was mentioned that
a cash fee would not be appropriate in this case, as ponding was required,
due to concerns with additional impervious surfaces and the potential
flooding of Waymouth Farms property. Svendsen pointed out that any
developer purchasing Outlot A should be informed that ponding was
required with any development of the property. Sondrall added that if an
easement was shown on the plat, in order to relocate the easement, a
vacation of the current easement would need to take place.
Brauch initiated discussion on the truck traffic over Outlot A. Greg
McDonald explained the purpose of keeping that ingress and that the
floating easement would not hinder the purchase of the property. Sondrall
asked for a copy of the easement document. Brixius explained that, other
than grading and drainage easements, no other easements can be shown
on a final plat which is recorded with Hennepin County. A separate
easement document would need to be submitted and recorded at the same
time as the final plat.
Commissioner Oelkers wondered why the property was being platted with
an outlot and the explanation was that a requirement of the city code was if
the property was platted as a lot, water and sewer service needed to be
constructed. Therefore, the owner chose to plat the property as an outlot
with the understanding that it would need to be replatted and the utilities
would be the burden of the purchaser. Sondrall added that the benefit of
platting the property as an outlot was that an outlot could not be developed.
Outlots do stay on the tax roles.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motionsecondedto
by Commissioner Oelkers, by Commissioner Buggy,
close the Pubic Hearing
on Planning Case 03-06. All voted in favor.
Motion carried.
MOTION Motionseconded
by Commissioner Svendsen, by Commissioner Brauch,
Item 4.3 to approve Planning Case 03-07, Request for Preliminary Plat
th
Approval for Thompson New Hope Addition, 8501 54 Avenue North,
David Thompson/Redwing Properties LLC, Petitioner, subject to the
following conditions:
1. Comply with City Engineer recommendations.
2. Comply with City Attorney recommendations.
th
3. Dedication of proposed right-of-way for 54 Avenue North as
indicated on the preliminary plat.
4. Dedication of drainage and utility easements as indicated on the
preliminary plat.
5. Two (2) additional disabled accessible parking spaces must be
provided for existing parking, including one (1) van accessible
disabled accessible parking space.
12
Planning Commission Meeting June 3, 2003
provided for existing parking, including one (1) van accessible
disabled accessible parking space.
6. Implementation of proof of parking to increase available parking
to ninety-one (91) parking spaces as indicated on the preliminary
plat. Such parking shall include four (4) total disabled accessible
parking spaces eight (8) feet wide with a five (5) foot wide access
aisle including one (1) van accessible disabled accessible
parking space eight 8) feet wide with an eight (8) foot wide
access aisle.
7. At the time proof of parking is constructed, landscape, grading
and drainage plans shall be submitted for review and approval by
the City Council.
8. Submittal of a grading and drainage plan subject to the review
and approval of the City Engineer.
9. Elimination of the parking space that currently encroaches into
Outlot A.
10. An easement for access over Outlot A to benefit Lot 1, Block 1
Thompson New Hope Addition must be recorded as a separate
document.
11. All bituminous not used for the access easement over Outlot A
must be removed as indicated on the preliminary plat.
12. Submittal of capacity calculations for the storm water drainage
pond illustrated on Outlot A including plans indicating the path
of runoff for Lot 1 to such proposed drainage pond. Any grading
required to implement such drainage pond shall require a
grading and drainage plan subject to the review and approval of
the City Engineer.
13. An easement for the storm water drainage pond with capacity for
both Lot 1, Block 1 and Outlot A must be recorded.
14. The preliminary plat is subject to review and approval by the
Shingle Creek Watershed District.
15. Removal of the building identification signage currently located
on Outlot A in accordance with City Code requirements. Traffic
directional sign to remain.
16.
Waiver of review of the final plat.
Voting in favor:
Barrick, Brauch, Buggy, Hemken, Landy, O’Brien,
Oelkers, Svendsen
Voting against:
None
Absent:
Anderson
Motion carried.
Landy stated that this planning case would be considered by the City
Council on June 9 and advised the petitioner to attend.
A question was raised as to the type of business Redwing Foods was and
the petitioner answered it was a specialty food wholesaler.
Design and Review Svendsen reported that the Design & Review Committee met with the
petitioners to review their plans. McDonald added that staff expected a
Committee
request for a residential variance to be submitted for the July meeting,
Item 5.1
therefore, the Design and Review Committee would be meeting in June.
Codes and Standards Hemken reported that Codes and Standards Committee did not meet in
May. McDonald added that there may be several items for the Committee
Committee
to discuss later this summer.
Item 5.2
13
Planning Commission Meeting June 3, 2003
OLD BUSINESS
Chairman Landy stated that the City Center Task Force would be meeting
Miscellaneous Issues
on June 12.
Commissioner Oelkers questioned whether the signs on the Mid-America
Financial Plaza building were sized according to the sign code. Discussion
ensued on the size of the monument sign for Kapala Glodek Funeral
Home. McDonald stated that staff would check into both sites.
Oelkers initiated discussion on the East Winnetka Livable Communities
study area. A new Aldi development in Brooklyn Park was discussed as
nd
well as the Culver’s proposal for 42 and Quebec avenues.
Svendsen mentioned that McDonalds Restaurant now has a 24-hour drive
through. McDonald stated that city staff would check into the matter.
NEW BUSINESSMotionseconded
was made by Commissioner Buggy, by Commissioner
to approve the Planning Commission minutes of May 6, 2003.
Brauch,
All voted in favor. Motion carried.
City Council and EDA minutes were reviewed.
ANNOUNCEMENTSMcDonald reminded the Commission that the July meeting would be held
on July 8, the second Tuesday of the month. Landy added that the August
meeting would be held on Wednesday, August 6, due to National Night Out
on the regular Tuesday meeting night.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:10
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
14
Planning Commission Meeting June 3, 2003