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1996 Planning CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES January 2, 1996 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; Vice-Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Landy, Underdahl, Sonsin, Cassen, Stulberg, Damiani Oelkers Kirk McDonald, Management Assistant, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant ELECTION OF OFFICERS Vice-Chairman Sonsin stated the first order of business for the January meeting is to elect officers for the coming year. Vice-Chairman Sonsin then opened the floor for nominations for officers. Commissioner Underdahl nominated Bill Sonsin as chairman, seconded by Commissioner Landy, and was unanimously approved by acclamation. Commissioner Landy nominated Sharon Cassen for Vice-Chair, seconded by Commissioner Stulberg, and was unanimously approved by acclamation. Commissioner Landy nominated Commissioner Underdahl for Third Officer, seconded by Commissioner Cassen, and was unanimously approved by acclamation. CONSENT ITEMS No Consent Items. PUBLIC HEARING PC 95-31 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Mr. McDonald stated that the petitioner's representative was in the audience, however the petitioner was not in attendance yet. Chairman Sonsin asked for a motion to table Planning Case 95-31 until the petitioner arrived. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Underdahl, to table until later in the meeting Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Landy, Damiani Voting against: None Absent: Oelkers Motion carried. Underdahl, Sonsin, Cassen, Stulberg, PC 95-20 Item 3.2 Chairman Sonsin introduced for informal discussion Item 3.2, Consideration of An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property, City of New New Hope Planning Commission - 1 - January 2, 1996 Hope, Petitioner. Chairman Sonsin pointed out that this was not a formal public hearing, but an informal discussion with the Commissioners, staff and.City Forester. If an agreement can be reached, a formal public hearing will be held at the February Planning Commission meeting. Mr. Brixius informed the Commission that this ordinance was a recommendation that originated with the Citizen Advisory Commission last May. The CAC requested that staff review the current regulations pertaining to the landscaping requirements in the zoning ordinance. Five recommendations came from that Committee including: (1) Eliminate the list of suitable plant material from the ordinance §4.033(4)(b)(iv); (2) Update the current list of trees prohibited on the public right of way and include reasons why these trees should be excluded; (3) Establish a list of trees prohibited on private property, including why those trees should be on the list; (4) Establish an ordinance to set up a hazardous tree program; and (5) Establish a boulevard tree maintenance program. Mr. Brixius stated that staff responded to these recommendations. First, the list of suitable plant materials was reviewed and staff was in agreement that this list should be eliminated. The current list is limited and outdated and puts unreasonable restrictions upon landscape designers as far as what might be planted/placed within a property. There are species and plants not currently listed that would be valuable additions within the City of New Hope. Staff's recommendation would be to eliminate this section of the ordinance by repealing it and establishing a preferred tree list that would be used as a guideline rather than adopting this list by ordinance. It would be available at City Hall and administered by the City Forester. The second recommendation was to update of the current list of prohibited trees on public right-of-way including the reason why the trees are not allowed. There are a number of reasons why trees are not permitted including: roots, poor tree strength, potential overhangs, breaking of limbs falling on cars, etc. These reasons were outlined in the planning report. After reviewing the list, it was determined a number of trees should be added to this list including the female "Ginkgo" and Black Locust. Some of the trees on the list should be deleted such as the Red Maple, Tree of Heaven, Northern Catalpa and Elm varieties. The list of trees for right-of-ways should be more specific as to what is or isn't allowed. Mr. Brixius stated that it is important to understand that the only areas this section of code deals with are the trees in the public right-of- ways, under City control, and does not pertain to any areas of the yard (private property). Mr. Brixius continued saying the third recommendation was trees prohibited on private property and reasons why the trees are on the list. After much debate among City staff, the recommendation was not to try to establish a list of prohibited trees on private property as enforcement of this would be very difficult. When dealing with public right-of-way, the City has control of the right-of-way and it can be effectively monitored and enforced. However, when dealing with private properties and disputes between neighbors, the situation becomes difficult and more problems would be created for the City. Staff feels that establishing a hazardous tree program, recommendation four, would be difficult to maintain, especially on private property. It would be difficult for City staff to determine what is a hazardous tree, when it becomes hazardous, what the potential impacts are on the property, the location of the tree and impact New Hope Planning Commission - 2 - January 2, 1996 on surrounding land. These areas leave the City open to much exposure and staff feels it would be inappropriate to get into that position. The final recommendation was to establish a boulevard tree maintenance program. Staff is in agreement with this recommendation, however this is a Public Works budget item rather than a zoning ordinance element. Therefore, this recommendation is not being dealt with at this time. Mr. Brixius summarized the changes saying there needs to be some definition on overstory and understory trees: deletion of provisions for acceptable boulevard trees; amend the prohibited trees within the public right-of-way by deleting some and expanding other varieties. The provision of §4.033(4)(iii)(bb-cc) allows for some trees to be located within the public right-of-way or prohibited within the public right-of- ay and should be approved by the City Forester. These include Coniferous variety of trees and some lower or understory shrubs. Upon further discussion with the City Attorney and staff, the conclusion was reached that this provision be deleted from the ordinance, rather than leaving the decision totally to the discretion of the City Forester, as there are already problems dealing with trees of this type in the "site trinagle" on corner lots. Mr. Brixius explained further that the City would also offer to its residents a list of preferred trees as a guideline at City Hall which will not be a part of the ordinance. Commissioner Underdahl questioned whether the City could provide guidelines for trees on private property. Mr. Brixius answered that the list of preferred trees is what is suggested as far as guidelines. Staff felt it best not to prohibit specific species because then the City is also responsible for enforcement. The guidelines are the preferred tree list and outlines all the trees that staff feels are preferable in the City and it will exclude those that are not popular due to hardiness of the tree or not appropriate for the Minnesota climate. These guidelines will include private and public properties. Chairman Sonsin questioned whether the Design & Review Committee had a chance to rewew the changes. Commissioner Cassen felt that the changes being recommended are favorable. Commissioner Stulberg agreed that it makes sense to not try to regulate what goes on private property. The Design & Review Committee can review the landscaping schedule on a case by case basis and determine if the plantings are appropriate and in line with City ordinances. Commissioner Damiani questioned how the public would obtain this list of preferred trees. Mr. Brixius explained that through publications, i.e., the City Report, SunPost and word of mouth, the public can be made aware that there is a handout listing the preferred trees. Mr. McDonald interjected that this will definitely be reported in the City newsletter. Commissioner Cassen agreed that an article in the City Report would be a good idea and also to include this information in the New Resident Packet, or send to developers in the area. Chairman Sonsin stressed that this information should be included in the next City Report as residents will soon be thinking of spring and gardening. Mr. Schuster, City Forester, added that the goal of this ordinance change is to simplify things. Residents may not be aware of the scientific names of trees as listed in the ordinance. If there are any questions, they can contact the City Forester for clarification. Nurseries usually sell trees by their common name, however they buy trees by their scientific name so this information is available at the nursery. Some of the trees on the preferred list are not as common .as others and it may not be known if the New Hope Planning Commission - 3 - January 2, 1996 tree is hardy enough to withstand the Minnesota winters unless someone takes a chance and tries to grow a lesser known variety. Rather than including the tree list in the ordinance, it makes sense to just-have this information available at City Hall for the public. The list will be a useful tool in the long run. Chairman Sonsin questioned if the City is actively trying new species to see what grows in Minnesota and if there was written information that can be shared with the homeowner or does the homeowner need to talk to the City Forester. Mr. Schuster informed the Commission that the City does not do a lot of planting, but that he does look for new species that will do well here. The Green Ash and Silver Maple do well in New Hope. Commissioner Underdahl wondered if the hazardous trees will be listed, like the Ginkgo. Mr. Schuster replied that the preferred list instructs residents to take into consideration the hardiness of the tree, mature size, tolerance to salt, pest disease resistance, cleanliness, litter problems, rooting habits, maintenance requirements and soil compatibility. Any tree will fail eventually, however any one or combination of these items will reduce the life of the tree. A homeowner should know the type of soil in their yard and take into consideration some of the other requirements of the tree they are planting and a lot of hazardous trees will be eliminated. This information will be included with the tree list. Commissioner Cassen suggested that if the list of preferred trees is listed in the City Report, staff should also include information on site lines, not only when the tree is planted but when the tree is mature. Chairman Sonsin added that nurseries give information on how close trees can be planted, but there are times the tree gets bigger than anticipated and this should be considered at the time of planting. Mr. McDonald pointed out that this is the reason coniferous trees were deleted from the boulevard because the City is constantly dealing with the site triangle problem and asking residents to trim back the large pines. Chairman Sonsin commented that there will be formal public hearing on this issue at the February Planning Commission meeting and if any of the Commissioners have additional suggestions before that time, contact staff or the Planning Consultant. Chairman Sonsin inquired about the height of overstory trees being 25 feet or more and understory trees being 25 feet or less. He suggested that this point be clarified so there can be no questions raised in the future. PC 95-31 Item 3.1 Chairman $onsin requested a motion to remove from table Planning Case 95-31. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Cassen, to remove from table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Landy, Dam/an/ Voting, against: None Absent: Oelkers Motion carried. Underdahl, Sons/n, Cassen, Stulberg, Mr. McDonald stated that the petitioner is requesting sign variances/ New HoPe Planning Commission - 4 - January 2, 1996 approval of a Comprehensive Sign Plan to allow wall and ground signs that exceed Sign Code requirements in number and size. In 1989, the City approved the Aut°haus develOpment at 7709 42nd Avenue North..'.At the time of the approval, Universal Color Lab, Inc. was leasing space in front of the building, with the understanding that at some point in the future they would be moving off of the site and that Autohaus would occupy the entire building. Also a CUP was issued for a drive-through window this past summer for Universal Color Lab to move into the Kuppenheimer building across the street from the Autohaus site. Universal Color has since moved out of the Autohaus site and into their own building. Autohaus and related auto-oriented businesses are now in the process of occupying the entire building and would like to proceed with the installation of signage on the entire building now that Color Lab is no longer located on the site. Some of the proposed signs exceed the requirements of the Sign Code, therefore this application has been made for variances. This particular site is zoned B-3, Auto Oriented, and surrounding businesses are basically commercial in nature with the exception of industrial zoning to the south. Mr. McDonald reported that the Sign Code requirements are outlined in the report. The Sign Code establishes criteria for signs that are accessory to single occupancy and multiple occupancy businesses. Those requirements are basically the same and staff have applied the multiple occupancy standards to this request because there are going to be three auto-related businesses in this building -- AutoBody Plus, Autohaus Sales, and Autohaus Repair. Each will have a different entrance and different signage. The ordinance states that "when a single building is devoted to two or more businesses, a comprehensive sign plan for the entire building shall be submitted." It is the City's intention to establish general requirements for the overall building only, thus providing the building owner with both the flexibility and responsibility to deal with his individual tenants on their specific ground signs. Mr. McDonald continued saying that multiple occupancy structures may erect ground signs that identify each separate and distinct occupancy. No more than two ground signs are permitted on any lot and only one ground sign if the building contains more than one wall sign over 10 square feet. The maximum sign area shall not exceed 75 square feet, a height requirement of 20 feet and a setback of 10 feet off the property line. Autohaus is proposing to install two signs on one pylon. Each sign would be 72 square feet and would be installed on the current support structure. The support structure would be revised and radius end shrouds would be added. The total height of the sign would be 20 feet. The bottom sign would be 72 square feet (12' x 6') and would read "AutoBody Plus" with red lettering, a black background and blue accent stripes. The top sign would also be 72 square feet (12' x 6') and state "Autohaus Sales and Leasing" with white letters with red accents and "ASE Certified Auto Service" with blue letters. The entire sign would have a black background. The Sign Code states that only one 75 square foot ground sign is allowed if the building contains more than one wall sign over 10 square feet. The wall sign package is more than 10 square feet, and if the petitioner wants two ground signs, a variance is needed from the Sign Code. If the petitioner proposed the two ground signs and wall signs of only eight square feet, a variance would not be required. In a discussion with the Planning Consultant, he indicated that the intent of the code is to either allow a business a lot of signage on a ground sign or a lot of signage on the wall, one or the other. The ground sign needs a variance because New Hope Planning Commission - 5 - January 2, 1996 there are two signs. Mr. McDonald added that there is an existing third ground sign on the site from the Animal Hospital, which is against Code, and any granting of a variance needs'to include removal of this sign. Mr. McDonald next discussed the wall sign package. The City Code states that the total allowable wall sign area for a multiple occupancy structure shall not exceed 15% of the combined wall surfaces and no individual tenant identification sign may exceed 100 square feet in area. Autohaus is proposing six wall signs. The three on the front of the building would include one sign of 16 square feet (2' x 8') for AutoBody Plus; one 30 square foot (30" x 12') Autohaus Sales & Leasing sign and one similar 30 square foot sign for Autohaus Certified Auto Service. In discussing with the Planning Consultant, the opinion is that these signs are alright because they are under the 100 square foot requirement. The sign plan for the east elevation shows 9 square feet, however the measurements on the sign calculates to 16 square feet. In discussing this with the consultant for Autohaus before the meeting, he indicated that this sign is eight square feet,- Revised plans should be submitted to show correct sizes of the signs. Mr. McDonald pointed out that the Sign Code states that delivery signs not exceeding nine square feet may be located on side or rear walls of the structure. The Commission will need to determine whether or not these are considered delivery signs. The Sign Code also does not identify how many delivery signs are allowed. Therefore, if the sign on the east wall is indeed eight square feet and the Commission considers it to be a delivery sign, it would not require a variance. There are two signs on the west side of the building, One sign has the same discrepancy in the plan and may be eight square feet for AutoBody Plus. The sign for Autohaus Certified Auto Service is a 30 square foot sign and would require a variance. In addition there would be two additional awning signs with the company name on each awning. Mr. William Cragg, Signcrafters, representing the sign company came forward to answer questions. The smaller signs in question over the doors are for customers to identify which tenant is in each space. The actual signage for Autohaus will be a little larger than the other two businesses. The lettering for the sign for Autohaus Service could be changed to allow a smaller sign for that entrance. It was confirmed that the front signs meet the Sign Code as they were proposed. The variances requested, therefore, are for the signs on the east and west sides of the building, which will be used for customer identificatiOn for each business as each of the three businesses are separate, and for the ground signs. Commissioner Landy questioned Why there is such a large variance being requested for the pylon sign. Mr. Cragg replied this is being requested so that each tenant can identify their separate business. The pylon signage for Autohaus and Universal Color is the same square footage as what is being proposed. Commissioner Landy pointed out that the Sign Code states one 75 square foot ground sign and the request is for two 72 square foot ground signs. Mr. Cragg responded that there are two separate companies and each is being identified. Commissioner Landy disagreed with this point. Commissioner Stulberg explained that the purpose of a variance is not based exclusively on the desire to increase the value or income potential of the business involved. While the Commission and Council desires to be as agreeable as possible with businesses in New Hope, he would have a hard time granting a variance when the purpose of a variance is so clear New Hope Planning Commission - 6 - January 2, 1996 cut. Mr. Cragg stated that he would have to propose an alternate plan to the customer. Commissioner Landy added that the purpose of a variance is alSo to show hardshiP and in his opinion there is no hardship shown. Autohaus has been in this location for several years and is well known. Mr. Cragg replied that AutoBody Plus has not been in this location and is a separate entity with a separate owner. Commissioner Landy also stated that he would have a hard time granting a variance. Mr. Tom Oestreich of Autohaus came forward. Chairman Sonsin emphasized that the thrust of the planning report is that this is three separate businesses, and he has always felt that Autohaus is one business at that location no matter if it is sales or repair work. Chairman Sonsin asked for clarification if there are three businesses with one owner or if there are separate owners. Mr. Oestreich explained that originally there was sales, service and auto body. The last few years the decision was made to not be involved with the body shop business. Mr. Oestreich stated that the body shop entity was sold along with all of the equipment. Mr. Boettcher is the owner of the property. Autohaus Service and Autohaus Sales remain from the original business. Mr. Oestreich has proposed that he would buy out the service portion of Autohaus and lease the space that was vacated by Universal Color. Chairman Sonsin requested clarification on the businesses and owners and if there are two or three businesses. Mr. Oestreich explained that he had thought about changing the name of the service department, however so many customers are referrals that this would be difficult to do. If the name would be changed, it would be Autohaus of New Hope and the font style would be different on the signage. If the plans proceed to buy out the service department, Mr. Oestreich would be the owner of service, Mr. Jeff Benzinger is the owner of AutoBody Plus, and Mr. Boettcher is the owner of Autohaus Sales. Chairman Sonsin confirmed that there are three separate businesses and three separate owners, assuming that the service department sale proceeds. Chairman Sonsin maintained that he shares some of the same concerns as the other Commissioners with the size of the variance and the enormous amount of signage. The business has been an asset in New Hope and the site has vastly improved over the last several years. Chairman Sonsin stated that the petitioner and staff should work together to cut down the volume or number of signs to get the proposed sign plan in closer conformance with the Sign Code while maintaining the petitioner's needs. There are also several inconsistencies in the existing sign plan. Commissioner $onsin advised the petitioner that this request would probably be tabled and that they should submit a revised sign plan. Mr. Oestreich called attention to the sign for the auto body shop and that it is set further back from the street and needs to be larger to be visible from the street. The petitioner felt that the wall sign is more important for his service department. Commissioner Underdahl questioned if the sign needs to be as large as proposed. Mr. Oestreich explained that he has not had opportunity to study the size of the signs extensively and was asked to attend the meeting at the last minute. Commissioner Cassen expressed that the front signage was alright since this is advertising. The signs on the east and west sides of the building are more directional signs to let people know where to go and the proposed signs are much too large and should be greatly reduced in size as these are not intended for advertisement. Commissioner Cassen agreed that the .canopy signs are good. Mr. Oestreich stated that the service door New Hope Planning Commission - 7 - January 2, 1996 signage, which is where the customer would enter, is more important than the signage over the garage door and also feels that there should be no problem meeting code. Commissioner Cassen suggested that revised plans be submitted that meet Sign Code requirements. Commissioner Stulberg cautioned that the Commission should be careful to approve such a large variance to the Sign Code in a major area of the City's business community and have other businesses along the same street request signage the same size. Mr. Cragg reminded the Commissioners that the reasoning behind the 72 square feet for each sign was that there are two tenants in the building and the understanding was that each business was allowed that much signage. Other businesses in the area have only one business per building, The lighting on the sign at night will only have the letters illuminated and not the entire sign. Commissioner Stulberg agreed that the problem is not the lettering, etc. of the sign, but the quantity and size. Mr. Cragg asked for clarification of the code to in order to revise the plans for the ground sign and was told that one ground sign would be allowed with up to 75 square feet, if there are wall signs over 10 square feet. The ground sign can have two names on it. Chairman Sonsin reiterated that the Commission does not regulate the content or what is written on the sign, but instead siZe. All three businesses could be listed on the one ground sign. Mr. Cragg stated that the sign plan would be revised. Commissioner Landy reminded the petitioner that the second ground sign from the Animal Hospital needs to be removed. Commissioner Underdahl also reminded the petitioner that there is a 10-foot setback that needs to be complied with. Chairman Sonsin invited the petitioner to return with revised plans at the February Planning Commission meeting and to work with City staff if more direction is needed regarding sizes of signs to reduce the variance request. MOTION Item 3.1 Motion by Commissioner Underdahl, seconded by Commissioner Landy, to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Landy, Damiani Voting against: None Absent: Oelkers Motion carried. Underdahl, Sonsin, Cassen, Stulberg, PC 95-21 Item 3.3 Chairman Sonsin introduced for informal discussion Item 3.2, ConsideratiOn of An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-l, B-2, B-3 and B-4 Zoning Districts, City of New Hope, Petitioner. Mr. Brixius stated that he met with the staff and the Building Official and it has been determined that there are a number of areas of the ordinance, regarding what is a permitted use and what is a conditional use, that are much more restrictive than need 'be. A conditional use permit is an application process that takes 45-60 days and includes a $450 fee. In reviewing this ordinance as far as age, established character and established zoning and shopping center arrangements, staff feels that in New Hope Planning Commission - 8 - January 2, 1996 a lot of cases the conditional use permits are not necessary and, in fact, cumbersome for businesses to enter the community. In giving attention to this issue, eaC~ ~0ning ·district was studied and specific recommendations have been made as to what conditional uses should continue to be conditional uses and what should be changed to permitted uses. The purpose of the B-l, Limited Neighborhood Business, District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. This District is very limited in the community in that there is only one B-1 Zoning District. The uses are very restrictive within that District including government and utility buildings, professional and commercial offices. When considering the District and what it is intended to do, both of these uses could be permitted uses within this District. This then gives this property an opportunity to culminate additional uses without having to go through the conditional use application process. Mr. Brixius continued with the B-2, Retail Business, District which is to provide for Iow intensity, retail or service outlets which deal directly with the customer for whom the good or services are furnished, and is more restrictive than the B-4 District. There are a number of uses listed as conditional uses, however, some are listed as both conditional and permitted uses. These become quite confusing as to how the uses should be treated. In an effort to clarify this, several recommendations have been made. In the B-2 District most of the uses that were previously listed as conditional have been changed to permitted and include government and utility buildings, professional and commercial offices, banks without drive- through facilities, electronic appliance stores, fabric stores, restaurants without drive-through facilities, camera and photographic supply and book stores. Staff feels that each one of these uses can compatibly co-ex~st within the character of the B-2 District and would still require a site plan review and as a result feel that the conditional use requirements are overly restrictive. Commissioners should note that in the case of banks and restaurants with drive-through facilities staff is still asking that these be listed as conditional uses as it is felt that traffic and drive-through arrangements have extraneous impacts on the site that can affect adjacent properties and should require closer inspection. Mr. Brixius reported that the B-3, Auto-Oriented Business District, uses are listed correctly and should remain as is. Mr. Brixius continued with the B-4, Community Business District, by saying that this is the most generalized District. The uses that would be changed from conditional uses to permitted uses in the B-1 and B-2 Districts would roll over as permitted uses within this District. One area of discussion was a veterinary clinic and whether that use should be changed from a conditional use to a permitted use. Staff felt that there are a number of extraneous factors very unique to a veterinary clinic, such as the boarding and keeping of animals, noise consideration, odors, disposal of deceased pets, etc. which would require some attention by City. staff and it is being recommended that this remain a conditional use. Recently discussed to a great extent was commercial recreational uses and for the most part these uses should remain a conditional use. However, there are opportunities in the shopping centers for smaller commercial recreational uses, such as a karate school or dance studio with less than 4,000 square feet of floor area, be a permitted use within the B-4 District. The focus is to make it eas~er to start a business in New Hope, to eliminate the areas of New Hope Planning Commission - 9 - January 2, 1996 conditional use where it is not appropriate or required, and maintain the integrity of the conditional use permit by requiring those uses which have unique features and require special attention as conditional uses. The changes that have been suggested are not unique within the character of the Zoning Districts described. One of the exhibits included with the planning report is a matrix showing how the changes were made, the current use and the proposed change. Commissioner Underdahl questioned the meaning, in the Planner's report, of the item regarding restaurants without drive-through facilities proposed to be conditionally permitted in the B-3 District and permitted in the B-2, B-3 and B-4 Districts. Mr. Brixius replied that the sentence should read a conditional use in the B-1 District not a conditional use in the B-3 District. This use, restaurant without drive-through, would be allowed in a B-l, Neighborhood, District by conditional use and the use would have to be directly related to the neighborhood it is serving. The matrix shows restaurants with drive-through facilities to be a permitted use in the B-3 District because this is an Auto-Oriented District. It was the consensus of the Commission to change restaurants with drive-through to a conditional use in the B-3 District. To clarify these uses it is noted that restaurants with drive-through facilities are not permitted in B-l, and would be a conditional use in the B-2, B-3 and B-4 Districts; restaurants without drive- through facilities would be a conditional use in the B-1 District and permitted uses in the B-2, B-3 and B-4 Districts. Commissioner Underdahl also questioned #74 on the matrix regarding the drive-in and convenience food which are not permitted in any District. Mr. Brixius explained that the reason for this is that drive-in and convenience foods have been combined with restaurants. The City Attorney listed drive-in and convenience foods in one land-use arrangement in the draft ordinance. The only distinction being whether the dishes/containers were disposable or not. The land use categories are being combined to include restaurants, convenience drive-in, etc. Commissioner Underdahl wondered whether or not a drive-through needs to be listed with the category of camera/photographic supplies since there is now one use like this in the City and should this be considered. Mr. Brixius agreed that this could be changed on the matrix to include a conditional use for a drive-through camera/photographic supply. Chairman Sonsin advised that if the Commissioners had any questions or thought of any revisions that should be included in this ordinance to contact Mr. McDonald. Commissioner Underdahl questioned whether the issue of tattoo parlors being a permitted use and some other businesses being conditional uses has been corrected with this ordinance and it was confirmed these items have been changed. Mr. Brixius stated that there is agreement that some of the smaller type businesses would not need a conditional use permit providing all the requirements are met. The City Attorney added that by eliminating some of the conditional uses, the businesses will be regulated through licensing procedures. Through licensing there is a set of procedures that need to be followed prior to obtaining a license for tattoo parlors, for example. The philosophical discussion centers around whether tattoo establishments or 'the art of tattooing is a legitimate service business the same barber shops, etc. It would be difficult for the City to try and rezone a legitimate business out of the City. The way to insure New Hope Planning Commission - 10 - January 2, 1996 against health and safety issues is through regulation by licensing requirements. Commissioner Cassen also added that licensing would provide for annual :in~ectiOns; .. Commissioner Stulberg questioned the Building Official's memo regarding the CUP process for drive-through eating establishments but not for any other business as long as a site plan is on file. After some discussion by the Commission and staff, the consensus was that the ordinance requires the CUP process for all drive-through establishments because this does affect the site and traffic patterns. Mr. Brixius cautioned that all drive- through establishments should be handled in the same manner whether the use is for an eating establishment or a bank or some other type business. Chairman Sonsin recapped that all drive-through establishments would require the conditional use process. Commissioner Cassen questioned the zoning for the multi-family housing just to the north of Kmart. Mr. McDonald replied that this is zoned R-5, Senior/Disabled Housing, Chairman Sonsin confirmed that there would be a formal public hearing on this ordinance at the February Planning Commission meeting. Mr. Brixius added that a corrected matrix will be sent to the Commissioners before the meeting. COMMITTEE REPORTS Design & Review Item 4.1 Codes & Standards Item 4.2 The Design & Review Committee did not meet in December, but will be meeting in January. Mr. McDonald stated he believes that plans will be submitted for an expansion by Taber Bushnell. Chairman Sonsin stated that Codes & Standards did not meet in December, but will be meeting on JanUary 17th and will continue discussion on flashing/moving electronic signs and 60-day zoning legislation. Mr. McDonald added that an issue the Codes & Standards Committee should review during 1996 is pawn shops. Staff has received calls regarding this issue and the City does not have any regulations on pawn shops at this time. The City Attorney mentioned that pawn shops do have some inherent problems with them and it is possible to argue that they could be prohibited. There are different schools of thought on the idea of pawn shops. The Code does not list pawn shops specifically, and under the current ruling if the Code does not list a business, it is prohibited in the City. The Code should probably list some reasons why pawn shops are prohibited. Chairman Sonsin added that the Codes & Standards Committee should also review other areas of the Sign Code. Mr. Sondrall raised the issue of therapeutic massage and that this issue should also be reviewed by the Codes & Standards Committee. OLD BUSINESS Miscellaneous Issues NEW BUSINESS New Hope Planning Commission There was no discussion regarding the miscellaneous issues. The Planning Commission minutes were approved as written. Chairman Sonsin next discussed Committee assignments and the number of Commissioners on the Planning Commission. Chairman Sonsin - 11 - January 2, 1996 ANNOUNCEMENTS ADJOURNMENT suggested that the Commission contain an odd number of Commissioners, for purposes of maintinaing a quorum, and would like to see two new members added, Mr. McDonald interjected that City Code currently.states that "the Commission shall consist of ten members" and an ordinance is being presented to the City Council to change this ordinance to read that "the Commission may consist of ten members." Chairman Sonsin asked if any Commissioners would like to change to a different Committee and Commissioner Stulberg stated he was considering moving to the Codes & Standards Committee. Chairman Sonsin remarked that current Commissioners should change now if any wanted to and the new Commissioners would be assigned to a Committee. Chairman Sonsin stated that he would like to remain as Chairman of the Codes & Standards Committee, in addition to being Chairman of the Commission. Mr. McDonald stated he would let Commissioners know the date that Bob Gundershaug will be recognized by the Council for his service to the City. Commissioner Damiani commented that the public works remodeling seemed to be very expensive. Commissioner Stulberg also mentioned that the last report on the ice arena expansion seemed to be more expensive than originally reported. The Planning Commission meeting was unanimously adjourned at 8:38 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary New Hope Planning Commission - 12 - January 2, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES February 6, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Landy, Sonsin, Oelkers, Stulberg, Damiani Underdahl, Cassen Kirk McDonald, Management Assistant, Sarah Bellefuil, Administrative Analyst, Steve Sondrall, City Attorney CONSENT ITEMS No Consent Items. PUBLIC HEARING PC 95-31 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Mr. McDonald stated that the petitioner asked that the Commission table this request for one month. Chairman Sonsin asked for a motion to table Planning Case 95-31 until the March meeting. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Stulberg, to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Landy, Sonsin, Oelkers, Stulberg, Damiani None Underdahl, Cassen Commissioner Stulberg reported that there are new awning signs on the building on the east/west elevations that have not been approved by the Commission. Mr. McDonald stated that staff would look into this matter. Commissioner Cassen arrived at 7:05 p.m. PC96-02 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, Request for Site and Building Plan Review/Approval for Building Addition, 7709 Winpark Drive, Taber Bushnell, Inc., Petitioner. Mr. McDonald reported that Taber Bushnell is requesting site and building plan review/approval for the construction of a building addition. They are proposing to construct a 27,616 square foot warehouse addition on to the south side of the existing building. The existing building is 54,500 square feet and the addition would bring the total building size to 82,116 square feet. The company produces metal stampings for the automotive, computer and electronic industries. With the addition they would be providing jobs for approximately 180 to 190 employees working on a New Hope Planning Commission - 1 - February 6, 1996 three-shift operation. Staff considers this a routine site and building plan review/approval with no variances or conditional use permit required. The setback requirements are met and have been pointed out on the site plan. Taber Bushnell is located in an I-1, Limited Industrial, Zoning District and is surrounded by industrial properties. The southerly portion of the property slopes downhill 27 feet from the west to the east. Mr. McDonald continued saying that the special requirements for an I-1 Zoning District were pointed out in the planning report, namely that lot coverage cannot be more than 40 percent of the lot, there is a lot area requirement and the green area requirement cannot be less than 20 percent. The project data was listed on the site plan and in the planning report. All I-1 requirements have been met including building to lot ratio at 40 percent, green area is 22 percent and total required parking is 178 spaces and 184 spaces have been provided. Mr. McDonald stated that City Department Heads reviewed the plans and the Design & Review Committee also met with the petitioner. Items discussed included: parking spaces and number of employees/shifts, truck docks/traffic circulation/maneuverability, landscaping, snow storage, grading/drainage plans and retaining wall, building addition and exterior finish, lighting, roof-top equipment and refuse containers. Revised plans were submitted as a result of the meeting. Mr. McDonald pointed out the following details on the revised plans. Snow storage has been added to the site plan on the south side of the property and the petitioner has stated that snow would be hauled off the site, if necessary. The trash/recycling area, which was not on the original plan, has been identified and is shown to be on the northwest side of the building and the area would be screened by the front building wall. The new parking lot on the south will be all new bituminous with B6/12 curb. Two new light standards are shown on the plan in the south parking lot for exterior lighting purposes. There was a great deal of discussion at the Design & Review Committee meeting regarding traffic circulation on the site and signage. The Committee and staff requested that additional directional signage be installed. The petitioner included the following on the revised plans: 1. A "One Way Only - Do Not Enter" sign to be placed along north end of westerly drive aisle. 2. Painted direction arrows directing traffic to the north to be painted on westerly drive aisle for one- way traffic flow. 3. A "One Way Only" sign to be placed along south end of westerly drive aisle. 4. Two "Truck Entrance - One Way Only" signs to be installed on east curb cut near loading dock. 5. "Truck Exit Only" sign to be installed on most southerly east curb cut. Existing east curb cut to be closed and two new curb cuts on east to be installed. A 50-foot turning radius for trucks is shown on plan. After the Design & Review meeting, the petitioner submitted revised plans and there were still some problems with truck maneuverability so at staff's request the petitioner submitted a second revised plan. The width of the building was shortened to allow for an adequate maneuvering radius and the Building Official has reviewed and approved the plans. The landscaping plan has been revised to show existing and new landscaping and species have been identified. A total of 57 new trees and shrubs will be added to the site. The exterior of the building will be break-off block painted to match the existing building. The loading dock area would be located at the southeast corner of the building and will contain four overhead doors with dock bumpers. Design & Review requested that the wall pack lighting be included on the new addition and it is shown on the new elevations. A four-foot retaining New Hope Planning Commission - 2 - February 6, 1996 wall would be installed on the southwest portion of the property at the west end of the i~a~l~ing: area, Per the second revised plans, the petitioner indicated that all roof-top mechanical units would be painted in colors to match the building. Mr. McDonald pointed out that the City Engineer reviewed the plans. The grade of the parking lot is acceptable as presented in the plans. The height of the retaining wall has been reduced so there is no encroachment on the adjoining property. The following points from the City Engineer have been included in the recommendations: the storm sewer connection must be reviewed with Public Works; the plan be submitted to Bassett Creek Watershed for approval; the owner shall be responsible for keeping adjacent public streets clean of material from this site during construction; and erosion control comply with City standards and the Hennepin Soil Conservation District. Staff feels the petitioner has addressed the majority of issues raised by the Design & Review Committee and recommend approval per the conditions in the planning report. Additionally, staff requests that the Planning Commission add that a performance bond be required with the amount to be determined by the City Engineer and Building Official. A performance bond is a routine recommendation with industrial expansions of this type and is mainly for landscaping. Chairman Sonsin asked that the petitioners come forward to answer questions of the Commissioners. Mr. Jerry Hetland, President, CEO and owner of Taber Bushnell, came to the podium. He noted Taber Bushnell does not own the building. Commissioner Damiani questioned if the building addition would match the existing building. Mr. Hetland answered that the plan is to match the existing building as it stands. Rake block will be used and is stated as such on the elevation plan. Commissioner Damiani inquired about the plantings on the boulevard and whether or not these have been moved off the City right-of-way. Mr. Martin Woody, Martin Woody Architects, 14001 Ridgedale Drive, Minnetonka, indicated that those plantings have been moved. 'The new trees that are being added along the boulevard are over the 2~" diameter. There are a few existing trees and some existing shrubbery around the building. The petitioner stated that they did receive the Preferred Tree List from the City and have followed the recommendations. Commissioner Damiani asked how much room there is between the parallel parking and the side of the building. This is a one-way drive-through, however the space seems to be tight. Mr. Hetland replied that there would be 10-12' for driving through this area. Commissioner Damiani questioned if there would be a problem in the future with reduced size when snow is piled up. Mr. Hetland stated that there has not been a problem with parking and driving through this area now and does not see a problem in the future. If it would become a problem, the petitioner stated that they would not allow parking in that area. This drive aisle is only an alternate and not one of the main drive aisles. Commissioner Cassen stated that currently there is a lot of snow piled up on the west side of the building and wanted assurance that this would not be the case in the future. Commissioner Cassen commented that the New Hope Planning Commission - 3 - February 6, 1996 existing roof-top equipment needs painting and was under the impression that all roof-top equipment would be painted the same color as the building. The existing building is block construction therefore the roof-top equipment would be gray in color to match the building and this was confirmed. Commissioner Cassen expressed delight in the landscaping plans with respect to the apartments that are visible to the industrial area. MOTION Item 3.2 Motion by Commissioner Damiani, seconded by Commissioner Landy, to approve Planning Case 96-02, Request for Site and Building Plan Review/Approval for Building Addition, 7709 Winpark Drive, Taber Bushnell, Inc., Petitioner, subject to the following conditions: 1. All roof-top mechanical units be screened or painted to match building. 2. Compliance with the recommendations of the City Engineer, including: A. Storm sewer connection reviewed with Public Works. B. Geo-grid fabric construction adjacent to retaining wall. C. Bassett Creek Watershed Commission approval. D. Owner responsible for keeping adjacent public streets clean of material being moved off the site. E. Erosion control shall comply with City standards and the Hennepin Soil Conservation District. 3. Performance Bond to be submitted (amount to be determined by City Engineer and Building Official). Voting in favor: Voting against: Absent: Motion carried. Landy, Sonsin, Cassen, Oelkers, Stulberg, Damiani None Underdahl This planning case will proceed to the City Council on February 12, 1996 and Chairman Sonsin expressed delight in having Taber Bushnell expanding in New Hope. PC 95-20 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3, Ordinance 96-2, An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi- Public and Income Producing Property, City of New Hope, Petitioner. Chairman Sonsin explained that there was an informal discussion on this issue at the January 2nd meeting and that this is the public hearing on this planning case. Mr. McDonald pointed out that the City Attorney did make the change that was requested at the January meeting pertaining to over 25 feet or under 25 feet. The Preferred Tree List has also been completed and ready for distribution. MOTION Item 3.3 Motion by Commissioner Landy, seconded by Commissioner Cassen, to approve Planning Case 95-20, Ordinance 96-2, An Ordinance Amending the New Hope Zoning Code by Defining Understory and Overstory Trees and Modifying Landscaping Regulations for Semi-Public and Income Producing Property, City of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Landy, Sonsin, Cassen, Oelkers, Stulberg, Damiani None Underdahl This planning case will proceed to the City Council on February 12, 1996. New Hope Planning Commission - 4 - February 6, 1996 PC95-21 Item 3.4 Chairman Sonsin introduced for discussion Item 3.4, Ordinance 96-04, An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-l, B-2, B-3 and B-4 Zoning Districts, City of New Hope, Petitioner. Mr. McDonald reported that the City Planner has recommended eight additional changes, basically to clean up the ordinance and delete some repetition. The City Attorney will review the changes that have been made since the last meeting. The Planner submitted a list of uses for each Zoning District. Mr. Sondrall stated he would explain each item that has been changed. Item 7 refers to dry cleaning/cleaning and since this is already a permitted use in the B-1 Zoning District, the reference to cleaning in the B-2 District is not necessary due to the fact that there is a roll over provision making it a permitted use in lesser intense Zoning Districts. As a result the reference to cleaning in Item 7 was eliminated from the B-2 District with the understanding that it is permitted in all Zoning Districts. Mr. Sondrall stated there was difference in language in the cleaning process from the B-1 District and the B-2 District, however it was concluded that the distinguishing language did not have any outstanding meaning to it regarding the cleaning process and therefore it was deleted from the B-2 District. Item 8 deals with restriction on floor space for supermarkets and he felt this was pertaining to some discussion several years ago regarding garden novelty shops and limiting the floor space on novelty shops and was not an intention to limit the floor space of grocery stores. The floor space restriction included in this provision does not make a lot of sense as the floor Space would be restricted based on lot size and building requirements. In an effort to clean up and simplify this ordinance, it was decided that this was not needed in the ordinance and has been deleted. Item 15 talks about copying and printing services being listed as a permitted and conditional use in the same Zoning District. The reference to a conditional use has been eliminated, leaving copying and printing services as a permitted use in all Zoning Districts. A reference to offset printing and copying service was also deleted since offset printing and copying service is much the same thing. The permitted use was deleted from the B-4 District because of the roll over provision of the ordinance from the permitted use in the B-2 District. Item 25 refers to insurance sales and it was concluded that this is the same as professional offices and as a result eliminated the insurance sales language from the ordinance and from the B-4 District with the understanding that due to the roll over provision it is already allowed in the B-2 District as a permitted use and therefore would be a permitted use in the B-4 District. Item 37a refers to the drive-through service window. The Codes & Standards Committee and staff wanted to make drive-through service windows for all businesses, not just restaurants, a conditional use permit in all Zoning DistriCts. If someone came to the Planning Commission and Council with a business use on a piece of property that required a drive- through service window, they would be required to apply for a conditional use permit. The reason it is included in the B-1 and B-3 Districts is to allow for the broadest application possible for drive-through windows. The drive-through windows are applicable in all Zoning Districts assuming that New Hope Planning Commission - 5 - February 6, 1996 the business use is permitted in that particular District. Item 58 is another attempt to limit floor space. This section seems to refer to accessory buildings in the B-1 District. Staff could not understand why the ordinance would be limiting floor space for an accessory use in the primary building. For example, if a business had two purposes for the building, it would not make any difference to the City what percent of floor space was attributable to one use or another as long as both uses were acceptable and permitted uses within the City. The Planner, City Attorney and City staff concluded that this meant an accessory building. The ordinance was changed to reflect that. If there is an accessory building on the property and it is allowed by code, it cannot exceed 30 percent of the principal building to which it supports. Item 64 was included as an informational item and Item 84 has been dealt with through the pool hall ordinance. Commercial recreational facilities are not allowed as a permitted use in the B-3 Zoning District. The codification of the code will be taken care of with the next codification. Mr. Sondrall continued with two additional changes. First, drive-up financial was eliminated as a permitted accessory use in the B-2 Zoning District as this would be a situation that would fall under the conditional use permit drive-through windows. The second item deals with the list of conditional use commercial enterprises in the B-2 Zoning District which were eliminated because they would be dealt with in other areas of the Code, either as specified permitted uses or specified conditional uses, except for the use as a garden novelty store, which is to be maintained as a separate conditional use permit in the B-2 Zoning District. The reference to garden novelty stores remains since both Frank's Nursery and Lyndale Garden are in a B-2 District. Mr. Sondrall added that these changes should help to simplify this ordinance and that other changes may occur in the future and will have to dealt with at that time and the Commissioners agreed. MOTION Item 3.4 Motion by Commissioner Landy, seconded by Commissioner Cassen, to approve Ordinance 96-04, An Ordinance Reclassifying Various Conditional Uses as Permitted Uses Within the B-l, B-2, B-3 and B-4 Zoning Districts, City of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Landy, Sonsin, Cassen, Oelkers, Stulberg, Damiani None Underdahl This planning case will proceed to the City Council on February 12, 1996. COMMITTEE REPORTS Design & Review Item 4.1 The Design & Review Committee met in January with Taber Bushnell. Chairman Sonsin asked if Mr. Lasky would be on the agenda for the March meeting and Mr. McDonald stated that the deadline for submission of plans would be February 9th. At this time there are no other applications for March. Codes & Standards Item 4.2 Chairman Sonsin stated that Codes & Standards met in January to finalize the issues presented at this meeting. The Committee will be discussing New Hope Planning Commission - 6 - February 6, 1996 OLD BUSINESS Miscellaneous Issues NEW BUSINESS ANNOUNCEMENT ADJOURNMENT flashing/moving signs, the 60-day time limit and pawn shops. Commissioner Stulberg confirmed that he would be joining the Codes & Standards Committee. There was no discussion regarding the miscellaneous issues. The Planning Commission minutes were approved as written. Commissioner Cassen questioned whether there have been any applicants for Planning Commission members and Mr. McDonald reported there have been eight applications submitted. Chairman Sonsin indicated his preference to add two new members to the Planning Commission to keep an odd number of members. Chairman Sonsin reminded the Commissioners that the next meeting would be on Monday, March 4th, because of the precinct caucuses held on Tuesday evening. Mr. McDonald informed the Commissioners about the Remodeling Fair on March 16th at Park Center High School. The Planning Commission meeting was unanimously adjourned at 7:42 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary New Hope Planning Commission - 7 - February 6, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES March 4, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Stulberg, Landy, Sonsin, Cassen, Oelkers Underdahl, Damiani Kirk McDonald, Management Assistant, Sarah Bellefuil, Administrative Analyst, Steve Sondrall, City Attorney CONSENT ITEMS No Consent Items. PUBLIC HEARING PC95-15 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for Conditional Use Permit/Planned Unit Development Approval to Allow Construction of a Car-X Muffler, Brake and Alignment Facility in a Mini- Mall Concept with Future Retail Space Construction, David Lasky, Petitioner. Chairman Sonsin commented that this is a new planning case and not a continuation of the petitioner's previous case. Mr. McDonald stated that the petitioner is requesting a conditional use permit/planned unit development approval to allow construction of a Car-X Muffler, Brake and Alignment facility in a mini-mall concept with future retail space construction. Mr. McDonald reminded the Petitioners that the Commission considered a similar request for a separate building in September, which was tabled several months due to lack of details. In December and January, Mr. Lasky met with staff and completely revised the plans to address a number of concerns. New plans were submitted in February for consideration by the Design & Review Committee and Mr. Lasky also appeared before the City Council on February 12th to get Council input on the revised concept. The revised site plan calls for the construction of a second principle building, Car-X, on a 1.47 acre lot located on the northeast corner of 42nd and Nevada Avenues. The eastern portion of the site is currently undeveloped. It is proposed to be developed with a 4,800 square foot Car-X automotive service facility and also a 2,268 square foot future retail establishment. The site is located within the B-4, Community Business, Zoning District and automotive service and repair establishments and commercial planned unit developments are both allowed by conditional use permit. Surrounding land uses include B-4 to the east, vacant B-4 City- owned property to the west across Nevada Avenue, B-4 retail to the south across 42nd Avenue and R-l, Single Family Residential, and R-4, Multi- Family Residential, to the north. Mr. McDonald explained that in 1990 the City initiated a zoning study of all the properties on 42nd Avenue. At that time there was a mixture of B-3 and B-4. The Planning Commission and City Council voted to rezone all of the properties along 42nd Avenue to B-4 in order to unify existing New Hope Planning Commission - I - March 4, 1996 land uses in the area and increase opportunities for future development. Mr. McDonald reported that the new plans show the Car-X facility to be interconnected to the site's existing retail structure and makes provision for the future retail space. This case will be processed as a planned unit development/conditional use permit. Due to the relative simplicity of the new plans, staff and the Planning Consultant are recommending that the concept plan, development plan and final stage all be considered at this time. The Planning Consultant indicated in his report that the modifications that have been made to the plans are highly positive, both in terms of how the site functions, circulation and the appearance/ aesthetics of the building. Mr. McDonald reminded the Commissioners that the property slopes downward 12 feet from 42nd Avenue to the northeast, rear, corner of the property. This has been a major concern during the development of the plans. Mr. McDonald next described the site plan. The City Department Heads met on February 15th to review the revised plans and the Design & Review Committee met with the petitioner on February 16th. Several items were discussed at these meetings including landscaping and green area along 42nd Avenue, grade at rear of building, exterior aesthetics of the building, site lighting plan, parking areas, loading zone, trash enclosure on west side of property, sod vs. seed in future retail area, sanitary sewer and water service connections, bituminous vs. concrete curb, signage, and Fire Department issues. Revised plans were submitted as a result of some of the recommendations at these meetings. Mr. McDonald explained changes made on the revised plans. Site data included: existing site area at 63,458 square feet, new paved area at 40,200 square feet and new building construction at 4,900 square feet. The existing building floor area is 2,400 square feet, future building area would be 2,560 and total green space would be 15,958 square feet. All setback requirements are in compliance with City code. The front yard, 42nd Avenue and Nevada Avenue, requires a 35-foot setback and the proposed setback is 70 feet. The east side yard requirement is 10 feet and the proposed setback is 36 feet. The north side yard which abuts a Residential District requires a 50-foot setback and 73 feet is proposed. The parking requirements for the existing building and the new Car-X facility would be 55 off-street parking spaces. Sixty-five spaces are shown on the plan and, therefore, the plan meets the current requirements of the zoning code. One of the recommendations of the site plan was to illustrate specifically where the handicap parking stalls would be. There are three shown on the plan, with two located on the front parking area near 42nd Avenue and one is located north of the existing building. The parking stalls each meet the City's minimum size requirements. The site plan indicates that all the parking areas will have bituminous surfacing and striping. Mr. McDonald continued saying one of the issues the Planning Consultant pointed out in his report was that if in the future the Car-X facility would convert to a retail use, then the parking requirements would increase from 55 to 70 spaces. Therefore, the 65 spaces shown on the plan would not be sufficient. The petitioner could easily provide parking spaces in front of the Car-X facility as there is adequate room for parking, a drive aisle, another row of parking spaces and a sidewalk. New Hope Planning Commission - 2 - March 4, 1996 Mr. McDonald noted that one of, the discussion points at the Design & Review meeting was curbing proposed for the site. The site plan indicates that the curb along the south parking area, around the plaza and at the rear of the ~:8PO~J'~8 6biiding w5aid b~ concrete curbing. The plan shows that the curbing to be installed on the north and the east sides would be bituminous. The City Engineer feels strongly that the curbing should be concrete mainly because bituminous is more prone to deterioration and susceptible to snowplow damage, particularly because a lot of drainage flows downhill to the north. The Design & Review Committee felt that a combination of both concrete and bituminous may be acceptable. City code does not specifically require interior areas of commercial parking lots to be concrete, however, with a conditional use permit the Commission can set certain conditions of approval. This may be an issue the Commission should discuss. The traffic circulation pattern of the site is considered positive and a vast improvement over the previous plan. There is adequate area for vehicular stacking, and access to the property would be via a 22-foot wide curb cut from Nevada Avenue and a 28-foot wide curb cut from 42nd Avenue. Another issue that was discussed last fall was the loading area. The site plan does show that a loading area would be provided on the north side of the Car-X facility and a future loading platform could be constructed, if required. The Building Official has indicated that the loading berth area meets code requirements. The City Engineer has consistently recommended that the grade in the rear of the building be raised two or three feet to be more functional with the loading area, however, the petitioner and staff both recognize that changing the grade could cause drainage problems for the business in the lower level of the existing building. The grade of the property is not a condition of approval from staff's point of view. The snow storage is shown on the north side of the property and also at the southwest corner. There are two trash enclosures shown on the plan, one new trash enclosure at the rear of the building by the future loading berth, and as was requested at the Design & Review meeting, the petitioner has shown the area where the enclosure would be relocated at the north parking area if the loading platform is installed in the future. The trash enclosure that generated the most discussion is the one near the access point along Nevada Avenue. The Planning Consultant felt strongly that it should be relocated to another area, however, staff, the Design & Review Committee and the petitioner have not been able to determine a better location so that both tenants in the existing building have easy access. The petitioner has screened the enclosure with plant material and this is shown on the landscaping plan. The Commission should discuss this issue further with the petitioner. Mr. McDonald continued saying that the lighting plan should be revised as it still shows some spillage onto adjacent properties. Lighting at property lines should not exceed a one-foot candle. Two ground signs are proposed for the site. The existing sign at 42nd/Nevada states the address of the property and identifies the two existing tenants and would remain in place. A new pylon sign would be installed at the 42nd Avenue entrance identifying the Car-X Muffler Shop. Both signs are in compliance with the Sign Code, Mr. McDonald next explained the building design and elevations. The elevations show that the buildings would be connected with a clock tower New Hope Planning Commission - 3 - March 4, 1996 which would have a seam metal roof, a clock facing 42nd Avenue, and vertical wood siding and trim. The area beneath the clock tower would be open and the stairway down to the north would provide access to the businesses in the existing building. An ornamental steel railing would surround the staircase. The south elevation of the building would have vertical metal panels on the upper portion and face brick on the lower portion. The building would contain eight overhead doors that would face 42nd Avenue and the doors would have vertical glass panels. The south elevation would also have the Car-X Muffler & Brakes wall sign, which complies with the Sign Code requirements. The rear/north elevation of the new building would be painted concrete block. The west elevation, which faces Nevada Avenue, has been changed since the Design & Review Committee requested that it be tied to the existing building. The revised plan shows upper vertical metal panels and the lower portion of the building would be painted concrete block. Windows have been installed on the west elevation to tie it to the existing building. The east elevation, which is where the future expansion would take place, would be painted concrete block. There has been a lot of discussion about the aesthetics of the building since the building has two fronts, one on 42nd and one on Nevada. The Commission should decide if the additional treatments satisfy the requirements. The block on the front part of the building will match the block on the existing building. The total height of the building would be 19 feet. Structures in the B-4 Zone cannot exceed three stories and, therefore, height is not a problem. Mr. McDonald next explained the landscaping plan. A total of 223 new trees and shrubs would be planted on the site, which were listed in the planning report. There would be Black Hills Spruce planted along the north/rear of the property, Techny arborvitae would be planted around the trash enclosure and on the west side of the property, juniper would be planted along the 42nd Avenue curb cut and in the plaza area in front of the building. An irrigation plan was included with the plans and shows that all plantings on the north/south/west sides of the property would be sprinkled. The green area is proposed to be seeded on the north, and the future retail area would be sodded. Rock mulch would be located behind the new building on the north side. Mr. McDonald noted that the Planning Consultant made several recommendations regarding spacing and planting and, therefore, staff recommends that the petitioner and City Forester cooperate on the plantings. Chairman Sonsin asked the petitioners to come forward. Mr. David Lasky and Marissa Lasky, owners of the property, Ashby Carter of Car-X and Bernie Herman, architect, came to the podium. Mr. Lasky thanked staff and the Commission for their patience and consideration during the attempts to develop this property. Chairman $onsin stated that the Commissioners have several questions for the petitioners. Commissioner Oelkers remarked that it appears that the petitioners have responded to all the items discussed at the Design & Review Committee meeting. Extra arborvitae have been added around the trash enclosure and the size of the enclosure has been reduced. The area to be sodded has been discussed. The only concern remaining is the concrete curbing. Also the handicap parking has been addressed. New Hope Planning Commission - 4 - March 4, 1996 Ms~ Lasky asked to explain additional minor changes that have been made. She stated she met with Councilmember Wehling to determine additional items that may have been missed by the petitioners. They discussed the back parking idt and safety concerns, landscaping and making this a safe area for residents/customers. Councilmember Wehling's suggestions included another window on the back of the building by the lunch break room of the Car-X facility to give a better sight area to the back of the building and also a window in the door that leads out to the loading platform. Two trees have been eliminated in the row of trees on the north side of the property abutting the apartment buildings. This was done for a sight line so that someone from the apartment building might be able to see if there was a problem of some sort with the back of the property. This was, in effect, a filtering of the area instead of just a green wall. On the east wall of the future site, there will be some landscaping against the wall to soften the area. The plaza area will be attractive with colorful plantings. Commissioner Oelkers added that the changes as requested by Design & Review have been taken care of nicely. The curbing is the only concern that remains. Ms. Lasky interjected that there would not be any concrete curbing around where the future retail building would be built. Commissioner Oelkers questioned what type of tenants the petitioners are shopping for. Ms. Lasky stated that they would consider a food oriented business, something that complements the other users or some other retail use. They are not looking to expand on the automotive use. The petitioners are looking for an ensemble that helps everyone do business at this site. Commissioner Oelkers asked staff how the future development should be handled as far as approval at this meeting. Mr. McDonald responded that the future retail development could come back to the Commission for approval as an amendment to the PUD and site and building plan review. If the Commission would rather approve everything at this meeting, he suggested adding a condition that the aesthetics of the future building match the existing building. Commissioner Oelkers questioned if this was acceptable with staff and it was confirmed. Chairman Sonsin reiterated that this case is being presented as a PUD and the Commission should consider the entire project including the future retail area. Commissioner Oelkers again stated that the plans for the project look great. The grade of the property has been discussed and it seems unreasonable to raise the grade, which would then present water problems for the existing building and business on the lower level of that building. Mr. Lasky stated that the electrical contractor has stated that back side house shields will be installed for controlling the light so it does not spill onto the residential property to the north. This would meet the one foot candle requirement. Commissioner Cassen commented that it is very important to install the concrete curbing in the back and the only bituminous to be allowed would be around the future retail area. The back area will be snowplowed and the curbing would be Subject to damage by the snowplows. Chairman Sonsin asked for clarification on the location of the concrete and bituminous curbing. Mr. Lasky pointed out that the curbing on the east side of the building would be bituminous, which is the future retail area. They will explore the possibility of more concrete curbing in the back portion of the property. The problem at this point is financial. The cost New Hope Planning Commission - 5 - March 4, 1996 of the new sewer and drainage system is approximately $20,000. One 0f the contractors working on the additional loading berth estimates this cost at $20,000 and the estimated cost of the clock tower is $35,000 plus. These costs are mounting up rapidly and the petitioner stated that they are trying to minimize some of the costs in other areas. Concrete curbing all over would be desirable and, if it is not too costly, concrete would be installed. Chairman Sonsin stated that on commercial developments, the Commission has always requested and received concrete curbing around the perimeter of the lot and parking area because it lasts longer, is more resilient and there is less damage by snowplows, etc. The reason for the bituminous around the future retail area is understood as this would not be permanent. Chairman Sonsin concurs with Commissioner Cassen that there should be concrete curbing around the rear of the lot as well as the front. The Commission does not want to set a precedence of letting one petitioner use bituminous when all other petitioners have been required to use concrete curbing. Chairman Sonsin requested that the petitioner show where the concrete curbing would be located on the plans. Mr. Lasky noted that on the north side of the property where there are drainage problems there would be one or two curb cuts depending on recommendations by the City' Engineer and the petitioner's civil engineer. Mr. Lasky asked if the concrete curbing on this north side could be postponed until such time as the engineer's work out the drainage problems and the best way to deal with this matter. Chairman Sonsin questioned what curb cuts would be needed on the north side. Mr. Lasky responded saying that there needs to be some way for the water to drain past the curbing into the catch basin. The catch basins would be along the property line, therefore, there needs to be some type of opening in the curbing so the water can drain properly to the catch basins. Ms. Lasky also noted that during the past couple years with the flooding that has taken place, they have had to open up a couple areas along this line to keep the water away from the lower level of the existing building. This is another reason why the petitioners could not raise the grade of the property. Chairman Sonsin again stated that the Commission would like to see more concrete curbing along the north side, which is consistent with what has been done in the City. He understands the petitioner's needs for getting the water out of this area and supports that too, however would prefer more concrete that what is shown on the plans. Ms. Lasky asked if the Commission would consider concrete on the Nevada side and leaving bituminous on the north side of the property. Chairman Sonsin stated he would definitely like to see concrete on the Nevada side because that is the side that the public would see. The Commission would consider a request for bituminous, but would like to see concrete on a substantial portion of the north side for permanency. Commissioner Cassen asked if there is a target date for the future retail area. Ms. Lasky stated that at this time there is no tenant for that site, however, they are marketing the site. Ms. Lasky stated that Mr. Carter is in the process of talking to prospective tenants but there is nothing in writing at this time. The petitioners have talked with several businesses but for one reason or another these have not worked out. Chairman Sonsin asked what might be a range of dates. Mr. Lasky stated that once the Car-X is built and prospective tenants can see the Car-X building and get a better idea of what the future building will look like, it will be easier to market that site. Based on past experience, a one-year cycle would be a reasonable projection. Also once the site is landscaped, the lighting is in place and a tenant is in the building, it is much easier fOr prospective tenants to picture the proposed retail area. Chairman Sonsin questioned New Hope Planning Commission - 6 - March 4, 1996 what the most reasonable constrUction schedule would be for the Car-X assuming that this PUD would be approved by the Planning Commission and City Council in March. Mr. Carter answered that from past experience that once the ~i~Y Cbuncil has approved a project that it takes approximately two to three weeks to get a completed set of building plans, another 10 days to two weeks to pull permits, and another two weeks to bid the project. Assuming that approval would be obtained in mid-March, Car-X could be breaking ground by the end of April. It takes 90 to 120 days to build a typical Car-X facility. It could take 120 to 150 days to complete the other site work with the clock tower, etc. The earliest opening would be early September and the latest the first part of November. Chairman Sonsin questioned when Phase 2 might get underway assuming the Car-X would open early fall of 1996. Ms. Lasky stated that they would be marketing now off of plans and drawings. It will, of course, be easier to market once the building is built. It could take six months to one year to network and find a good tenant. If a tenant would be found now, it would be possible the retail area could be built simultaneously. Commissioner Oelkers confirmed that the petitioners are actively marketing the property. Chairman Sonsin commented that the Commission does not want this to be just a Car-X project with the retail area never getting built. This case was proposed to be a mini-mall and there are concerns that there is a lot of vacant retail space in the western suburbs. Traditionally the Planning Commission does not deal with that issue as that is the risk the petitioner takes. Ms. Lasky agreed that they would not want to build something that does not have a user. Chairman Sonsin reiterated that the Commission wants to see the whole project completed and not just half the project. Sometimes projects get partially completed and then something happens and the project remains uncompleted and detracts from the surroundings rather than enhance the area in which it was built. Ms. Lasky responded that they will aggressively market the property. They would be searching for a tenant that would remain at the location for several years. Mr. Lasky commented that it is essential for them to obtain a tenant for that part of the property. They have corresponded with different people over the years who did not want to develop the site, but may be interested in a smaller project on the site once Car-X is built, the clock tower is constructed and the existing building is upgraded. The project will be much more marketable once all that work is completed. They will more aggressively market the property once the plans are complete and construction is started. It is difficult to say at this time just how long it will take to market the property. Chairman Sonsin questioned Mr. Carter on how many Car-X developments of this type he has seen. Mr. Carter has been with Car-X for 13 years and franchise development is the last job he held with Car-X corporate before coming here. He has seen several developments similar to this ranging from automotive mails to mixed uses like this proposal. From the perspective of Car-X, they do not want another automotive use on the site. They would prefer to see something that draws a fair number of people to the site every day for some other reason than coming to Car-X. Some type of food establishment, hair salon, small book store or something that gives people some other reason to come to the site. They like to be located near destination shopping, which makes the entire area work. When a customer comes to the Car-X, they can get their hair cut or something to eat rather than just sit in the waiting room. By the same token, when someone comes to get a hair cut or something to eat, they New Hope Planning Commission - 7 - March 4, 1996 also think to themselves that they can get their car fixed at that location. From their perspective, Car-X has found mixed uses work better than automotive malls. There were a lot of automotive malls built in the mid- 80's and most of them have not done very well because there is no other reason for people to come to the site other than something for the car. Mr. Carter confirmed that most of the Car-X locations are in mixed use sites such as this one or stand-alone units adjacent to destination shopping. The dominant structure is one user plus Car-X and the two user plus Car~X is not uncommon either. At this time there is a development in Mankato which is a Car-X plus three. Most of what is in this area are stand-alone units. Chairman Sonsin questioned where there is another project like this in the western suburbs. Mr. Carter responded that there is one complex at Highway 394 and Louisiana, which is an automotive development with a Car-X, car wash, quick lube and SuperAmerica, although none of the buildings are connected. All the properties are owned by the individual business operators. There is a development in progress in Roseville of one automotive plus two non-auto uses, however, this project involves renovating an existing building. Commissioner Landy reminded the petitioner that the last time the Commission reviewed this case there was a noise study submitted that was somewhat old and wanted to know if anything been updated on noise. Mr. Carter responded that nothing has been done on noise since the building has been re-oriented to face away from the residential area and the bays are located on the eastern end of the building. Even though the noise study was old, it was an accurate study done at the time in Illinois. Commissioner Stulberg questioned the petitioners regarding the curbing on the north side of the property. It would seem that after working with the City Engineer and the petitioner's civil engineer that a reasonable plan could be worked out so that there would not need to be sections of both concrete and bituminous curbing on that side of the property. The entire property should ultimately be all concrete curbing. Commissioner Stulberg asked the petitioners what the drainage problems were at different times of the year and after different storms. Ms. Lasky answered that the site has drained differently with each season. Ms. Lasky remarked that the best solution would be to take a "wait and see" attitude at this time to see how the drainage will react with the new construction and then deal with where the openings in the curbing should be to reach the catch basins. The petitioners would rather not have the draining water pool somewhere along the curbing of the parking lot during the cold months of the year and then have it freeze over the parking lot. Commissioner Stulberg stated to the Commissioners that this may not be an immediately resolvable issue. Commissioner Oelkers added that there has been some discussion regarding a storm sewer through the site and asked staff if this has been resolved. Mr. McDonald reported that the City Engineer has devised a storm sewer plan where catch basins would be installed on the north property line, which are shown on the petitioner's plans, the then go north through New Hope Apartments and empty into Fred Sims Pond. This plan has not yet been approved by Council. Mr. Lasky is aware that this could be an assessment project. The engineering of this project has not been completed yet. Commissioner Oelkers stated that it makes sense to take a little time to see how the drainage will work after the construction, however, in the end there should be concrete around the perimeter of the property. The Commissioners agreed that there should be concrete all around the building at the end of the project. New Hope Planning Commission - 8 - March 4, 1996 Chairman Sonsin questioned the City Attorney whether the concrete curbing, the timing of the retail, etc. can be included in the development agreement. The Cit~ Attorney answered that the Commission is dealing with an application that has been defined and proposed as a planned unit development and the most appropriate action would be to approve the entire plan, including the future expansion issues relative to the retail space on the east, and put a time deadline on that portion relative to when they have to build or else the petitioner would need to come back for Planning Commission and Council approval. The incentive would be approval of the total planned unit development and incorporate into the agreement the proviso that if it isn't built within a certain period of time, whether that is one year or two years or whatever, then the approval from the Planning Commission relative to the future expansion would expire and the petitioners would have to come back for an amendment to the planned unit development plan for future expansion. A time limitation would be added to the development agreement because circumstances can change over time both with for the City and the developer. The other way to look at this project is if that future expansion never occurs, does the project before the Commission now satisfy code and meet the City's requirements relative to utilization of the site. There are no requirements that the developer/property owner utilize the entire site. The developer can build in phases and had the City not heard about a future expansion of that particular site, the Commission would be just looking at the Car-X site along with the tie-in to the existing building. It seems that the best way to handle this is to put a deadline on the condition of the entire site, and if that deadline is not met, then that would require the developer to come back to the Commission for site and building plan review and an amendment to the planned unit development agreement. Chairman Sonsin qUestioned what the normal timeline would be. The City Attorney stated that there is not any normal timeline but it would be a contractual thing that can be negotiated between the developer and the City. The petitioner has stated that when the site is developed and future tenants and users of the additional space can see the type of development they would be getting into that he is hopeful, based on his experience as a developer for many years, that the development could occur in a year. A workable time frame for this development might be 18 months to two years. The developers should be able to confirm some outside time frame that they can work with, and assuming they do not keep to the deadline, then they understand that they would need to come back to the Commission/Council for the future expansion. Commissioner Oelkers asked how the City would determine what needs to be accomplished before the deadline and if submittal of plans before the deadline would be enough to keep the planned unit development agreement from expiring. The City Attorney responded once building permits are pulled the commencement of construction can be pinned down. Commissioner Oelkers wondered if the issue of concrete curbing on the north property line could be postponed until the engineers come to an agreement and then incorporate that into the development agreement. The City Attorney stated that it could be imposed in the agreement now that concrete curbing be installed around the entire perimeter. There are a wide range of options that, as a Planning Commission, can be imposed as a recommendation to the City Council that would ultimately go into an agreement that deals with the planned unit development. A planned unit development provides flexibility with the code based on the site development and the intermingling of uses and the mixing of those uses on the site to give it the most optimal development for what is being New Hope Planning Commission - 9 - March 4, 1996 MOTION Item 3.1 proposed. Commissioner Oelkers questioned if an occupancy permit for the future retail can be tied into the planned unit development agreement and the installation of the concrete curbing. In other words, the only way the City would provide an occupancy permit for the future retail area is if the concrete curb and gutter is in place as determined by the City Engineer and the petitioner's civil engineer. The City Attorney reiterated that once the expansion is completed on the eastern portion of the building that concrete curb and gutter could be required around wherever it was designated, and if the petitioner did not want to follow that requirement, then the petitioner would be required to come to the City to get an amendment to the planned unit development, otherwise they would run the risk of being in violation of that planned unit development and the City would have to make a decision on how to enforce that agreement. If the petitioner agreed to this condition and then did not comply, they would be in violation of the agreement and the City would have recourse. This would be an acceptable way to handle the concrete curb. A certain number of assumptions could be built into the planned unit development agreement, and based on how those assumptions played out and how the conditions played out, that would dictate how the concrete curb and gutter would be dealt with. At this point the City Attorney stated he has discussed the storm sewer/drainage issue with the City Engineer but not with the petitioner's engineer. He was not aware of what the City's plans are and how this would play into a requirement for the City and the items being discussed. Another option would be to have the plans for the storm sewer/drainage issue brought back to the Commission/Council for review. Motion by Commissioner Oelkers, seconded by Commissioner Landy, to approve Planning Case 95-15, Request for Conditional Use Permit/Planned Unit Development Approval to Allow Construction of a Car-X Muffler, Brake and Alignment Facility in a Mini-Mall Concept with Future Retail Space Construction, David Lasky, Petitioner, subject to the following conditions: 1. Submittal of revised lighting plan to show a maximum of one (1) foot candle at property lines. 2. Landscaping/plantings to be coordinated with City Forester. 3. Implementation of City Engineer's recommendations on sanitary sewer and water connections. 4. Consideration be given to the location of the west trash enclosure and the adequacy of the screening provided for it. 5. Continuous concrete curbing to be provided throughout the site except that bituminous be allowed on the north and east sides and around the future retail area until drainage issues are resolved and retail expansion occurs. 6. The west building facade material to be reconsidered to match the existing building finish. 7. Execution of a CUP/Site Improvement/PUD Agreement and performance bond to be submitted (amount to be determined by Building Official and City Engineer). 8. Future east side retail expansion can proceed without Commission/ Council approval, subject to the following conditions: A. Building to match/blend with existing buildings. B. Building permit for expansion to be sought by property owner no later than April 1, 1998. C. All bituminous curbing to be replaced with concrete curbing prior to occupancy of retail area. New Hope Planning Commission - 10 - March 4, 1996 Voting in favor: Voting against: Absent: Motion carried~ Stulberg, Landy, Sonsin, Cassen, Oelkers None Underdahl, Damiani Commissioner Oelkers stated that the petitioners have submitted a good plan for this development. Chairman Sonsin commended the petitioners on the new plan and welcomed Car-X to New Hope. This planning case will proceed to the City Council on March 11, 1996 and requested that the petitioners be in attendance since the Council may have additional questions. PC 95-31 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Mr. McDonald stated that the petitioner requested in writing that the Commission table this request until the April meeting. Chairman Sonsin asked for a motion to table Planning Case 95-31 until the April meeting. MOTION Item 3.2 Motion by Commissioner Landy, seconded by Commissioner Cassen, to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Stulberg, Landy, Sonsin, Cassen, Oelkers None Underdahl, Damiani Chairman Sonsin questioned if the signage on the building is in compliance with code at this time. Mr. McDonald responded that the front wall signs are in compliance and the side signs may need to be checked out by the Building Official. COMMITTEE REPORTS Design & Review Item 4.1 The Design & Review Committee met in February with Lasky. Codes & Standards Item 4.2 Chairman Sonsin stated that Codes & Standards met in February to discuss a couple items. The Council has decided that they do not want to change the code regarding the flashing/moving signs, therefore, this issue has been dropped. It is Chairman Sonsin's intent to follow the direction of the Council and not spend time on items they do not want to pursue. The pawn shop situation was discussed and staff and Codes & Stadards are recommending a six-month moratorium imposed on this issue. There was also discussion regarding a resolution implementing a new state law which became effective in 1995. The law deals with minimum requirements for processing requests related to zoning. In the future, petitioner's requests for tabling will need to be in writing, and in some cases may require a faster process by the Planning Commission, including more denials. The City Attorney interjected that under this law tabling a request would not stop the request, the petitioner would need to ask for and agree to an New Hope Planning Commission - 11 - March 4, 1996 extension. Possibly the petitioner would need to ask for an unlimit&d extension or the only recourse the Planning Commission would have is to deny the request. April planning cases should include the Public Works expansion, Hoyt industrial development on the remainder of his property on 49th Avenue, Autohaus sign issue and a public hearing on the 60-day zoning law. May issues could include Mobil Mart on 36th Avenue and pawn shops. Chairman Sonsin stated that staff is requesting of the Commission a motion supporting the moratorium and requesting a resolution establishing minimum requirements for zoning applications. MOTION Motion by Commissioner Landy, seconded by Commissioner Cassen, to establish a six-month moratorium on pawn shops. Voting in favor: Stulberg, Landy, Sonsin, Cassen, Oelkers, Voting against: None Absent: Underdahl, Damiani Motion carried. Mr. McDonald requested a motion from the Planning Commission recommending approval by the Council of the resolution stating that the City of New Hope will comply with the new state law. MOTION Motion by Commissioner Landy, seconded by Commissioner Stulberg, to recommend approval of a Resolution Establishing Minimum Requirements for Accepting Written Requests Relating to Zoning. Voting in favor: Stulberg, Landy, Sonsin, Cassen, Oelkers, Voting against: None Absent: Underdahl, Damiani Motion carried. The City Attorney added that this resolution establishes what the City's procedure will be for accepting applications and starting the clock, which will then ultimately be codified in an ordinance when there is a Planning Commission public hearing in April on the zoning code. OLD BUSINESS Miscellaneous Issues There was no discussion regarding the miscellaneous issues. NEW BUSINESS The Planning Commission minutes were approved as written. Commissioner Landy questioned an item in the Council minutes of February 12th relating to Councilmember Enck directing the Citizens Advisory Commission to work with staff and the Planning Commission to prepare a street lighting plan/ordinance. He asked for clarification on this item. Mr. McDonald stated this is possibly something that Public Works has begun investigating and he would look into it and report back to the Commission. ANNOUNCEMENT ADJOURNMENT New Hope Planning Commission Chairman Sonsin stated that two new Commissioners will be joining the Planning Commission in April. The Planning Commission meeting was unanimously adjourned at 8:22 p.m. Respectfully st~ni~ed, Pamela Sylvest~r, Recording Secretary - 12 - March 4, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES April 2, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. OATH OF OFFICE Mr. McDonald administered the Oath of Office to the new Planning Commissioners, Steven Svendsen and William Keefe, and welcomed them to the Planning Commission. ROLL CALL Present: Absent: Also Present: Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen Stulberg Kirk McDonald, Management Assistant, Sarah Bellefuil, Community Development Specialist, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant CONSENT ITEMS No Consent Items. PUBLIC HEARING PC96-07 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Requests for Planned Unit Development/Conditional Use Permit Approval and Lot Frontage Variance to Allow Construction of Two Office/Warehouse Buildings, 7300 49th Avenue North, Brad Hoyt/J-S Winnetka, Inc., Petitioner. Mr. Brixius stated that the site in question is located on 49th Avenue and is adjacent to the Minnesota/Northfield Railroad and the City's Ice Arena. This site is zoned I-1, Light Industrial. Land uses surrounding the property include Light Industrial to the south, Industrial to the west, railroad tracks to the north and north of the railroad is R-l, Single Family Residential, and on the east/southeast of the railroad tracks is also R-1 Zoning including the New Hope Ice Arena and single family residential located in the city of Crystal. Mr. Brixius explained that the request is for concept/development/final stage approval for planned unit development/conditional use permit. This is necessary with two principal structures on a single lot using a shared access point and shared traffic circulation system. PUD standards require 200 feet of frontage and the proposal is for 117 feet of frontage on 49th Avenue, therefore, a variance to this requirement is also being requested. The proposal includes two large buildings, one 52,000 square feet in size and one 44,800 square feet in size, with integrated design. The proposed use is consistent with I-1 Zoning. The lot area is 10 acres, which exceeds the I-1 District standards. The lot width of 150 feet, measured at the front setback line, is in compliance. The City standards require that a reasonable use of the land be available and further states that the hardship be of a non-economic hardship unique to the property. The property has a unique configuration with a triangular shape. The railroad angles down to the frontage on 49th Avenue. The property is accessed by a common drive shared with Navarre Corporation. Staff feels that the unique shape and narrowness is a hardship subject to the property. The site is greatly in excess of what the I-1 standard requires. Additional setback of 185 New Hope Planning Commission - 1 - April 2, 1996 feet is provided between the building and 49th Avenue. This setback provides for a greater setback and site distance off the street and it has an interrelationship with Navarre through the shared access. Under these circumstances, staff feels that the deficiency in frontage warrants a variance and does not inhibit or hinder the design elements of the site. The required setbacks all conform with the I-1 District standards. It should be noted that there is a setback requirement of 50 feet for all PUD's that abut up to a R-1 Zoning District. The suggestion here is that the R-1 Zoning Districts to the east and north follow the centerline of the railroad right-of-way. The railroad right-of-way is a semi-public land use and not a direct abutment to any property with residential characteristics. The proposed setback of 36 feet off the railroad right-of-way plus half the right-of-way amounts to an 86-foot setback from the R-1 District of both the east and north sides, and this is conforming. The building heights comply at 21 feet and conforms with the I-1 District. The proposed buildings have a total lot coverage of approximately 20 percent of the lot area and also conforms with the PUD standards and the I-1 standards of 40 percent. Mr. Brixius continued saying the off-street parking 'shown on the plans includes 111 stalls and the requirement for this type of facility would be 90 stalls. There was some irregularity between the site plan and the site survey as far as dimension and number of stalls. The site plan allows for 50 stalls and the survey dimensions allow for 49 stalls, therefore, this item should be clarified on the site plan so there are consistencies between the drawings. All parking dimensions conform with City standards. Handicap parking has been provided. The applicant is in compliance with the curbing, surfacing and striping requirements of the Code. There are a number of loading berths provided at each of the buildings. A previous revision eliminated loading areas at the extreme southern portion of Building A and the eastern-most portion of Building B. However, after reviewing the revised site plan, a 5§-foot semi-truck would still encroach into the 24-foot drive aisle and there is not sufficient turning radius within the curb area to accommodate proper truck movements. This still raises issue with design characteristics of this building. It should be noted that the revised site plan scales out at 31 feet instead of the indicated dimension of 36 feet at the southeast corner of Building A. There are some inconsistencies between the site plan and the survey on this issue and this item should be corrected. The eastern-most loading area on Building B also lacks sufficient maneuvering area to accommodate a 55- foot semi-truck without interfering with traffic circulation and landscape areas as proposed on the site plan. The issues regarding proper maneuvering and the use of the loading areas must be addressed. Mr. Brixius explained that property access will be provided by a 32-foot shared driveway with Navarre. Site inspection reveals that Navarre has utilized this area for off-street parking. For joint use this area has to be reserved exclusively for ingress/egress. Notification to Navarre that this is the intended use by the City is indicated and recommended by the City Engineer. The 32-foot ingress/egress or common access is intended just for traffic circulation access and movement of trucks, not to meet required off-street parking standards. Mr. Brixius reported that the site plan complies with the green area requirement. The applicant has complied with the recommendations of Design & Review by eliminating a large portion of bituminous at the rear of the building and leaving it as a green area. It still will be used for snow New Hope Planning Commission - 2 - April 2, 1996 storage. Currently the revised plans provide for 32.2 percent of the total site for green area. The landscape plan that has been submitted is highly deficient based on the recommendations of Design & Review. A number of elements that were discussed at Design & Review have not been adequately addressed. These include the screening along 49th Avenue and the extension up along the southeast property line. With residential land uses existing to the southeast, Design & Review felt it was important to screen the parking/loading areas. Screening of this property up to the front of the Ice Arena building is necessary to provide proper land use transition between the industrial uses and the residential uses to the southeast. The three plantings being proposed on the southeast and the two plantings in the front along 49th Avenue are deficient and staff is requesting more intensive landscape screening and landscape plantings for these areas. The second element was that there should be some continuity along the common access drive between the proposed office/warehouse and Navarre. The existing plantings include spaced conifer trees and some deciduous tree plantings. The proposal includes some clustering of junipers in sparse locations and the removal of what was previously shown as some deciduous trees. Staff is requesting that as part of the PUD approval and consideration that the planting along the east side of the common access should mirror the Navarre landscape arrangement. The area along the residential property to the north should be broken up with some landscape plantings. The applicant has provided five Black Hills Spruce in this area, however this is a 280-foot expanse and staff does not feel that five plantings is adequate to break up the building arrangement and staff is requesting some additional attention to this area. The City has received some resident concerns regarding the appearance of the buildings and consideration should be given to additional plantings on the eastern portion of the property. The plantings that are being provided on the front of the building are Iow-standing shrubs. Staff is asking that some type of landscape element be included that provides a vertical amenity that breaks up the massing of the building and enhances the entryways. The final element discussed was that a seeding plan be provided that prevents erosion and holds the seed in place to insure that the ground cover is established. The snow storage would be provided at the rear of the building and is of adequate size. There would be limited snow storage in the front of the building and staff is requesting that snow be removed from this area. The City Engineer reviewed the revised plans and has made a number of comments regarding the site plan and grading and utilities. The shared driveway should be limited to ingress/egress only with no parking. The City should address this issue with Navarre. Another concern that the City Engineer noted in his comments was that the Comprehensive Storm Sewer Plan shows three ponds in this location and only one pond is provided for on the Drainage/Utility Plan. To insure water quality the City should look into potential future ponds north of the railroad tracks to provide water quality treatment for water as it moves on to Twin Lake. There is an existing 10-foot utility easement that runs along the east side of Building A. The City Engineer has expressed concerns regarding the treatment of the in-place storm sewer and the easement over the storm sewer. It is being requested that this easement be expanded to 20 feet and this needs to be shown on the plan. The plans should also show the footing design and location for the easterly wall adjacent to the existing storm sewer in case of the need for repair or maintenance of the storm sewer. The existing wetlands should be encompassed into a protected easement. The grading along the railroad tracks should be that it directs storm water from New Hope Planning Commission - 3 - April 2, 1996 south to north, Mr. Brixius continued with the comments from the Fire Inspector. There are a number of issues that need to be resolved as far as the storage and type of storage within the building. Unless the building is automatically sprinklered, two additional hydrants would be required. If high-pile storage is being proposed in the buildings, fire access is required around the entire building. Storage limitations are identified in the planning report. This has not yet been addressed. Mr. Brixius explained that the building materials would be precast concrete wall panels with insulated metal overhead doors. The front is somewhat plain and would be accented with some landscaping and an accent line around the perimeter of the building. The signage plan has not been submitted. The lighting plan was revised and the Building Official has approved the revisions. All lighting used to illuminate street parking areas would be hooded and directed to reflect light away from neighboring properties and adjacent rights-of-way. The Planning Consultant noted that there are a number of issues pertaining to the landscaping and the loading areas, as well as other issues previously mentioned. Based on these plan deficiencies, staff feels comfortable with approval of the concept plan, but would recommend withholding development and final stage approval until final plans address all the specific issues discussed and have been submitted for staff and Planning Commission review. Chairman Sonsin asked the petitioner to come to the podium. Mr. Brad Hoyt, J-S Winnetka, came forward. Commissioner Cassen asked the petitioner to address the concerns of the Commission regarding the landscaping and the truck drive aisles and turn around areas. Mr. Hoyt responded that the truck drive aisles for Building A is a close call and that the most southern loading berth would still function for a shorter truck. There would be no problem eliminating this dock door, if needed. The two dock doors in question on Building B could be eliminated as well. Another option would be to make these dock doors specific for UPS and van delivery/pick-up as the turning radius required would not be as wide. Aisc the dock height could be reduced from four feet to two feet. Regarding the landscaping, Mr. Hoyt stated his concerns are from an economic point of view, The building coverage on this site is only 20 percent or one-half of the allowed intensity, which has a direct economic impact on the project. There is twice as much land being used for the square footage of the buildings. He is bounded by railroad tracks and an Ice Arena and does not feel that the property is adjacent to residential areas. Mr. Hoyt stated he would review the landscaping suggested by staff and the economic impacts on the project. This project should be treated fairly and he should not be asked to do what other applicants are not asked to do. He stated he would tour other projects to see what other developers have done in similar situations. Mr. Hoyt addressed the Navarre parking issue by saying the staff report accurately portrayed this issue. Parking was discussed at the Design & Review meeting. The petitioner stated that they have a letter from the Navarre stating that additional parking would not be required. Even though the building had less parking than Code required, the tenant had assured him that there would be no problem. This is not the case now. Mr. Hoyt New Hope Planning Commission - 4 - April 2, 1996 no longer owns the Navarre building. There is an agreement with Navarre stating there is no parking on the new site and they are prohibited from parking on the site. He asked the Commission to take this issue into account when considering Navarre's planning process for expansion. Mr. Hoyt stated that concept approval only would be acceptable at this meeting, with development/final stage approval at the following meeting. He stated that the continuation and the resulting total time frame would be longer than that allowed by state statute, in his opinion, and he does not feel that the continuation does complies with the definition of a restart under that statute. He would object to a restart. Commissioner Cassen commented that at Design & Review it was requested that the common drive aisle be mirrored. There is sufficient landscaping there, however it is not done in the manner suggested. Commissioner Cassen stated that the City wants to be a good neighbor, however the petitioner needs to be a good neighbor to the residents in the area and there is definitely a site view of the warehouse and even though there is going to be the Ice Arena there, you can still see down the railroad tracks. It is important that a few more trees be added to the eastern area along the railroad, which would result in one Blue Spruce for about every 60 feet. The Design & Review also requested that seeding be done on the northeastern side of the property, which would be a savings over the bituminous that was originally in the plan. Commissioner Cassen suggested that consideration be given to adding some trees to this green area for some diversity. Care will need to be given to the placement of the trees as this will also be used for snow storage. The request by City residents on the east side of the Building B should be considered as there are no plantings shown on the plans for this area. Mr. Hoyt stated that if there is a code or ordinance that provides for that, he would be responsive, however the resident's concerns and his may not always be the same. It seems that when there are concerns such as these between residents and developers, the concerns are solved with the developer's money. He will examine the Ice Arena landscaping plans to see what plantings will be incorporated onto that property. This site is already a vast improvement over what the property was like when he purchased it ten years ago. There is over 250 feet from the building wall to the end of the property line on the east, which should be enough of a buffer. Mr. Hoyt addressed the fire protection issue next. The Fire Marshall's report stated that if the building is to be used for high-piled storage it requires a fire road around the entire building. This is inconsistent to any policy the City has applied. He would like to discuss this with the Fire Marshall to see if they can come to a mutual understanding on this issue. The result of this meeting might be that the building height would be lowered. Mr. Hoyt stated that he will be looking at an aerial photo of his property and the Ice Arena property to see the number of' existing trees on the property and along the railroad. There is a woods on some of this property and it can then be determined if any of those trees would be disturbed during construction. Commissioner Cassen suggested that the existing trees be added to the landscaping plan. Chairman Sonsin added that when Mr. Hoyt takes his tour of other developments, he will find that over the years the Planning Commission has requested a lot of landscaping with all of the projects. Staff could suggest some of the more recent developments if necessary. New Hope Planning Commission - 5 - April 2, 1996 Mr. Hoyt stated that over the years there has been some misunderstandings concerning specific points. He is pleased to see the specifics concerning the Fire Marshall's concerns although he does not agree. He will have his consultants work with the Fire Marshall in the next couple weeks, and will address his concerns to the Commission at the next meeting. They are hopeful that after going through the planning process and City Council to have a fire protection plan agreeable to all parties so there are no problems during the permit process, construction or occupancy. Commissioner Oelkers commented that his main concern is landscaping along the southeast area by the railroad. Additional evergreens in this area for screening would be his recommendation. The common drive aisle should be mirrored with Navarre. He felt that the five spruce trees on the north side of the property, as shown, would be enough screening in five or six years. Mr. Hoyt discussed the parking problems with Navarre. Navarre's staff is also parking on the Jacobwith property, which is not improved for parking, and in his opinion, they are parking illegally as that site. His property is posted for no parking, but this has not been enforced by the police. He has checked into towing companies but they require special bonding, etc. so if a car is towed, they will get paid. Mr. Brixius directed a comment to Mr. Hoyt that the fire lane parking was posted on one side of the drive aisle but not on the east side. Possibly no parking signs need to be posted on both sides of the drive aisle after which it would be enforceable. Mr. Hoyt explained that his property was posted for no parking. Mr. Brixius stated that there were no signs in place when he drove through the property on his way to this meeting. Mr. Hoyt responded that signs have disappeared from his property in the past. Mr. Brixius continued saying that since this is a fire lane to post it uniformly on both sides and the parking would be enforced. There are probably some code enforcement elements that can be looked into. As far as landscape planning, there is a provision that addresses a PUD and an I-1 District which are more restrictive than other I-2 Districts, therefore what is being suggested for landscaping is not unique and unusual. At the Design & Review meeting, the suggestion for the green aisle at the rear of the property is actually a cost savings from a grading and landscaping standpoint. MOTION Item 3.1 Motion by Commissioner Cassen, seconded by Commissioner Underdahl, to approve Planning Case 96-07, Request for Concept Stage Planned Unit Development/Conditional use Permit Approval and Lot Frontage Variance to Allow Construction of Two Office/Warehouse Buildings, 7300 49th Avenue North, Brad Hoyt/J-S Winnetka, Inc,, Petitioner, subject to the following conditions: 1. The petitioner submit revised plans and documents for development/ final stage approval that addresses the following issues: A. Consistency in the site plan and survey plan indicating the total number of parking spaces. B. The loading space maneuvering changes be incorporated into the site plan as recommended in the report. C. A joint maintenance agreement for ingress, egress, and maintenance of shared drives submitted and reviewed by the City Attorney. New Hope Planning Commission - 6 - April 2, 1996 D. The landscape plan be revised to incorporate the recommendations of additional screening and landscaping: 1. Additional and landscaping required along the south and southeast property lines. 2. Additional screening and landscaping required in the parking lot island to the west of office warehouse "A" to mirror the landscape provided on the Navarre property. 3. Additional screening required to the north and east of warehouse "B". 4. A seeding plan be incorporated into the landscape plan that specifies seeding type and amount, ground preparation, dates of seeding, mulch type and erosion control areas. 5. Landscaping at the front of the Building A should consist of plant type that provide some vertical amenity that breaks up the building massing and enhances the entrances. E. Comprehensive Sign Plan be submitted that shows all site signage will comply with applicable provisions of the City Sign Ordinance. F. Existing 10-foot wide easement near east wall of southerly building for 30 inch storm sewer be widened 10 feet to include a total 20- foot wide easement. G. Footing design for easterly wall adjacent to existing 30 inch storm sewer be designed to allow a 1:1 side slope in the event the existing storm sewer is open cut and repaired. H. Existing wetlands be delineated and protected by an easement in accordance with the Wetland Conservation Act. I. The grading plan shall insure all drainage within the westerly right- of-way of the C.P. Rail System is conveyed from the south to the north. J. The sanitary sewer serving the northerly building shall include insulation in areas where cover is less than 4-5 feet. It is assumed the sanitary sewer and water main serving Lot 2 will be private. K. Recommendations of Fire Inspector to be incorporated into plans. L. Petitioner execute a PUD Development Agreement with the City. Voting in favor: Keefe, Landy, Underdahl, Damiani, Svendsen Voting against: None Absent: Stulberg Motion carried. Sonsin, Cassen, Oelkers, This planning case will proceed to the City Council on April 8, 1996 and requested that the petitioners be in attendance since the Council may have additional questions. Mr. McDonald questioned whether Mr. Hoyt should appear before the Design & Review Committee in May with revised plans and Commissioner Cassen responded that this would be a good idea. Commissioner Oelkers asked if staff can be sure that the Fire Marshall meets with the petitioner to resolve those issues. The Commission also requested staff should try to resolve the parking problems with Navarre. Mr. McDonald informed the Commission that according to the City Attorney the City is not in violation of the timeline. The ordinance to be discussed later states that approval has to be given within the first 60 days, but within the first 60 days the City can give the petitioner notification of a 60-day extension, which will be done before the 60 days expires, with the Council approval. PC 96-05 Chairman Sonsin introduced for discussion Item 3.2, Request for Site and New Hope Planning Commission - 7 - April 2, 1996 Item 3.2 Building Plan Review/Approval for Building Addition, 5500 International Parkway, City of New Hope, Petitioner. Mr. McDonald stated the City is requesting site and building plan review/ approval for a building addition. Staff is proposing to construct a 4,500 square foot building addition on the north and west sides of the existing 32,600 square foot Public Works facility. The project also involves remodeling 4,200 square feet. With the addition, the total building size will be 37,100 square feet. Excerpts from the Facility Assessment and Building Program have been included in the planning report. The purpose of the project is to make the building more functional, correct code deficiencies and to bring the building into compliance with the Americans with Disabilities Act. The remodeling includes office addition and lunch room remodeling and relocation of employee locker facilities. This building was constructed in 1980/81. In 1992 the City did a joint land purchase with Custom Mold, which is located south of the Public Works site. There was a vacant parcel between the two sites. A lot split was completed to accommodate Custom Mold's expansion and the City acquired the north half of that parcel which was known as Outlot A, Custom Mold Addition. In 1993, the Planning Commission and Council gave approval to construct a salt storage facility on the east side of the building and to develop the newly acquired property on the south to accommodate the storage of excavated materials. That project, which included additional landscaping, concrete curb and gutter and new fencing, was completed in 1994. Mr. McDonald noted that the facility is located in an I-1 Zoning District and is surrounded by I-1 properties. Government and public utility buildings and structures are permitted uses in the I-1 Zoning District. City Code does not require a public hearing for site and building plan review, therefore notices were not sent out to residents. If approved, staff would be sending out project bulletins to the neighborhood to inform them about what is taking place. Mr. McDonald stated that the I-1 District does have special requirements with the main requirements being lot coverage of not more than 40 percent, minimum lot area requirement of one acre, and green area not less than 20 percent. The proposed building covers 18 percent of total area and the green area is 28 percent of the lot. The setback requirements comply with code with the front yard setback on International Parkway at 50 feet and the side yard setback to the north at 20 feet. The actual setback on the front is 50 feet and the closest setback on the north side is 52 feet and a 160-foot setback in the rear yard. Mr. McDonald informed the Commission that the City Department Heads reviewed the plans, and the Design & Review Committee met with the petitioner on March 14 and discussed building setbacks, landscaping, building materials for the new addition, exterior improvements to the existing building, parking requirements, grading improvements, public and employee entrances, exterior lighting, building identification signage and rooftop equipment. Revised plans were submitted as a result of that meeting. The following are some of the details included on the revised plans. The Zoning Code requires 43 stalls and 50 stalls are being provided. Eight stalls are proposed to be added on the north side. The City has indicated that the additional parking is needed for seasonal employees that are hired. Visitor parking signs will be installed at the front of the new stalls. Two handicap stalls will be added on the south side and signed with the appropriate signage. The expanded parking area will be New Hope Planning Commission - 8 - April 2, 1996 bituminous with concrete curb and gutter. The existing fence and gate will be relocated at the east end of the north parking area to provide additional parking. Mr. McDonald pointed out the trash dumpster would be located behind the fence enclosure. Snow storage would be along the north property line. Patio and walkway would be around the new addition. Landscaping was installed in 1994, and with the new addition, a new landscaping plan has been provided with 18 additional plantings being installed including Colorado Spruce, Black Hills Spruce, Red Splendor Crab Apple, and Marshall's Seedless Ash. Mr. McDonald continued by explaining this plan moves the public entrance from the north side of the building to the west side of the building so it faces International Parkway and the employee entrance would remain on the north side of the building. The new addition would have a standing seam blue metal prefinished roof over the north and west employee entrance to match other City buildings. The roof would have signage stating New Hope Public Works and would be with 15" aluminum letters. The lower portion of the addition would be integrally colored dark grey rockface concrete block and the upper part would be light grey scored concrete block with blue accents, blue metal cap finishing and blue tile accents in front of the building. The exterior lighting on the north elevation would have building mounted parking lot lights, the south elevation would have wall mounted patio lights and the west elevation would have wall mounted entry lights. The rooftop units are shown on the plans to be painted and screened, therefore that condition in the planning report can be eliminated as a condition of approval. Ms. Jeannine Clancy, Director of Public Works, and Mr. Paul Gannon, Architect with Bonestroo, Rosene, Anderlik and Associates came to the podium to answer questions of the Commissioners. Mr. Gannon explained the landscaping plan in further detail. Right now there is extensive landscaping in front of the existing building including mature ash trees. Since the building addition is primarily to the west, three of the ash trees will be eliminated and would be replaced with some deciduous and coniferous trees. There is some Iow-level plant materials immediately in front of the building which would be relocated on the south side of the building. There are some trees in the far northwest corner of the property where the expanded parking is proposed that will be removed and replaced with seedless ash trees and Colorado Blue Spruce along the north property line, as well as, some Red Splendor Crab trees. There are some Colorado Blue Spruce along the building setback line and some accent trees off the lunchroom area. Any landscape material that is removed would be replaced and along with adding 10-15 additional plant materials. Mr. Gannon next explained that the Design & Review Committee suggested screening existing rooftop units and the proposal is to paint them in a light grey or light blue color so as not to accent them and hopefully this would suffice for existing units. Any new rooftop units would be integrated into the architectural scheme. No rooftop units are being proposed as they would be internalized. A request was made to sandblast the existing masonry as opposed to just painting it. The initial cost returns on this is approximately $12,000 and in addition the building would probably need to be resealed. The projected cost of painting the New Hope Planning Commission - 9 - April 2, 1996 building would be about $7,000 - $8,000. Commissioner Oelkers reported that he noticed some broken fencing in the rear yard after driving past the site. He also wondered whether the existing landscaping timbers in the corner in front of the building could be restained or replaced since they are showing a lot of wear. Mr. Gannon stated this area would be considered in the whole landscaping scheme and will probably be replaced. Commissioner Cassen added that the plantings in this area also need to be replaced. Commissioner Oelkers questioned the color scheme. Ms. Clancy responded that upon discussions with the Public Works staff, Department Heads and City Manager, the blue/grey color scheme would be pursued rather than a dramatic change with the warmer colors. Ms. Clancy added that it was decided that the color scheme should stay with the cool colors. There is a building along Highway 169 in Plymouth with a similar color scheme that is very attractive. Mr. Gannon stated that the architectural character of the building in some respects presents an image that City buildings are beginning to convey a signature entrance of a standing seam metal roof. Most of the new materials that would be added would be maintenance free materials, such as an integrally colored rockface block. Glazed tile accent features would be integrated into the masonry to provide character and variety. Most of the addition is on the front of the building, and the image of the Public Works building would be greatly enhanced. Commission Svendsen questioned whether there is any protection from falling snow/rain over the employee entrance. The plan seems to show some sort of protection at the main entrance. He questioned whether there could be some sort of diverter included. Mr. Gannon stated that some sort of gutter could be designed for that location. The roof is projected out to provide a little cover over the doors at the main entry and the employee entry. Commissioner Landy asked for clarification on the estimated cost for the project. Mr. Gannon stated that the projected cost is $531,000. In addition, there is the painting of the exterior of the existing building which is an additional $8,000. Ms. Clancy stated that the funding for the project is coming from a combination of City funding sources that fund the operations of Public Works, which include the Capital Improvement Programs, the Central Garage Account, the Road and Bridge Account, and any ADA requirements are being funded through Hennepin County. The funding from Hennepin County is still in process. Commissioner Cassen commented that the petitioner has done a great job and came to Design & Review very well prepared. Commissioner Oelkers had a concern regarding with the painting of the existing building. He felt that spending the additional monies to sandblast and seal the building would be a good idea. MOTION Item 3.2 Motion by Commissioner Oelkers, seconded by Commissioner Landy, to approve Planning Case 96-05, Request for Site and Building Plan Review/Approval for Building Addition, 5500 International Parkway, City of New Hope, Petitioner, subject to the following condition: 1. Architect to review employee entrance roof for rain/snow protection measures. New Hope Planning Commission - 10 - April 2, 1996 Voting in favor: Voting against: Absent: Motion carried. Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen None Stulberg This planning case will come before the City Council on April 8, 1996. PC96-01 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3 Consideration of An Ordinance Amending New Hope Code §4.202 Regulating the Decisional Process for Special Zoning Requests, City of New Hope, Petitioner. Mr. Sondrall, City Attorney, stated this is the consideration of the ordinance to deal with the new law that applies to the 60-day deadline for zoning applications. Responding to a statement made earlier by an applicant for a zoning request, the applicant is correct in that the new law does provide for 60 days to act on a zoning request and that 60 days starts to run from the date of the submission of the application. The applicant failed to understand that the law also allows for an automatic 60- day extension if it is requested by the City within the first 60-day period, the extension is requested in writing and there is an indication in the writing as to why the extension is needed. In the case of the Hoyt application, the 60-day approval began on March 8 when the application was submitted, therefore the application needs to be acted upon before May 7. If the City does not or cannot act on the application within this 60 days, under the new statute the City can write a letter to the applicant indicating that the City is taking the extension and that way the 60 days is automatically extended to 120 days. This ordinance is codifying the state statute. Included in the planning packet are a number of forms and procedural requirements that staff would be implementing pursuant to the adoption of this ordinance upon Planning Commission and City Council approval. The application would be automatically extended to 120 days, however it is the City Attorney's opinion that written notice of the extension be mailed to the applicant before the 60-day expiration. Mr. Sondrall explained that this ordinance was discussed several times by the Codes & Standards Committee. The changes that were made since the last Codes & Standards meeting, were to incorporate into the ordinance a clarification concerning a notification for submission of the application. The new law indicates that the approval process does not start to run until the City accepts an application. That approval process can be delayed if within 10 business days after the submission, the City notifies the owner of an application that the application is incomplete. The ordinance clearly states what is meant by 10 business days, which is a term under the law that excludes Saturdays, Sundays and legal holidays. The ordinance has been amended to specifically indicate this, therefore the ordinance indicates how business days and calendar days are defined. Mr. Sondrall stated that a minor change was made to indicate that the 60- day extension that would make the total deadline 120 days is not something that the applicant has any choice about or any option to agree to. The word approved was eliminated and replaced with accept. The applicant is required to sign the application and the language is included on the application stating that there will be an automatic 60-day extension of the deadline process to 120 days and that the applicant would be accepting that. The applicant should be notified in writing of this extension before the 60-day deadline expires if needed. Hopefully most New Hope Planning Commission - 11 - April 2, 1996 MOTION Item 3.3 applications would be processed within the first 60 days. This new law may not be beneficial to property owners and developers as the procedures would become more rigid and inflexible. Mr. Sondrall stated that the ordinance incorporates the state statute dealing with this and it is a good idea to codify this in the City's code and it is the recommendation of staff that the ordinance be approved. Chairman Sonsin questioned if an application log would be used with every planning case and this was confirmed. Mr. Sondrall noted that if the City fails to meet the' deadline, the result could be approval of an undesirable plan. Chairman Sonsin clarified that there could be more denials as a result. Mr. Sondrall stated that if the City does not have the appropriate information for an application, the only option would be denial. Commissioner Underdahl questioned whether there might be a time limit for re-application. Mr. Sondrall responded that he thought code imposes a time limit of six months. Mr. Brixius interjected that a rezoning application has a time limit of six months for the same application. Chairman Sonsin stated that more pressure would be put on developers to come the City with more complete plans. Mr. Son(frail noted that this is not necessarily a helpful law for developers as it puts the Planning Commission and Council in a position to deny if an agreement cannot be reached and submission of material is not complete. Chairman Sonsin noted that last month he stated at the beginning of the Lasky PUD that it was a new application and not a continuation of the previous application. Commissioner Underdahl questioned whether just the deposit in the U.S. Mail was appropriate or if a postmark was more appropriate. Mr. Sondrall stated this item would always be a proof problem and the postmark would be something that would be in the control of the applicant. Staff would need to document in the process when a letter for extension is mailed. One option would be to prepare an Affidavit of Mailing and include in this document what document is mailed and the date it is deposited in the U.S. Mail. Another option would be to use Certified Mail, Return Receipt Requested where a green card is returned from the Post Office and there are some petitioners where this option would be recommended. He recommended that an Affidavit would be sufficient stating what was mailed and who mailed the documents. The City uses metered mail. Commissioner Svendsen questioned if any consideration should be given to electronic mail. Mr. Sondrall stated that this would be an option but the easiest way would be by postal mail. By using the U.S. Mail, the City should not have to worry whether the applicant received the fax or the entire fax. Commissioner Damiani questioned whether the fee would be increased if an applicant would be wasting a lot of time. Mr. Sondrall responded that issue is not dealt with in this ordinance. Fees cannot be revenue producing only reimbursing the City's costs. Upon re-application there would be additional fees/deposits collected. Mr. McDonald reported that all planning consultant, legal and engineering fees are passed on to the applicants on a quarterly basis. Motion by Commissioner Landy, seconded by Commissioner Underdahl, to approve Planning Case 96-01, Consideration of An Ordinance Amending New Hope Code §4.202 Regulating the Decisional Process for Special Zoning Requests, City of New Hope, Petitioner. New Hope Planning Commission - 12 - April 2, 1996 Voting in favor: Voting against: Absent: Motion carried. Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen None Stulberg PC95-31 Item 3.4 Chairman Sonsin stated that Autohaus was not on the agenda, but that case was tabled for one month in March and a motion was needed to again table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Motion by Commissioner Landy, seconded by Commissioner Underdahl, to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Keefe, Underdahl, Landy, Sonsin, Cassen, Oelkers, Damiani, Svendsen None Stulberg Chairman Sonsin questioned if Autohaus would be back in May or whether the planning case would be withdrawn. Mr. McDonald stated he would check into it. COMMITTEE REPORTS Design & Review Item 4.1 Commissioner Cassen reported the Design & Review Committee met in March with Brad Hoyt and City staff to review the Public Works expansion. She questioned what would be coming up next month. Mr. McDonald stated that Mobil Mart/Randy Rau would be submitting an application for a car wash. The next Design & Review meeting is on April 18 at 8:00 a.m. There may be possible expansions at the Valspar building and Ambassador Nursing Home. Codes & Standards Item 4.2 Chairman Sonsin stated that Codes & Standards met in March to finish work on the 60-day ordinance. They also began discussion of some issues on PUD procedure with small shopping centers and pawn shops. The Committee will begin meeting on a fixed schedule. In the ordinance discussed at this meeting, there was a provision for minor variances which was established five or six years ago whereby these variances would be dispensed without a formal hearing. The City Attorney feels that this may not be legal, therefore, the Codes & Standards Committee will be looking into this issue. If at all possible, it would be beneficial to all to not have to bring these minor variances before the Commission and Council. Mr. Sondrall stated that there is a provision for minor variances however a procedure was never implemented. Mr. Brixius stated that the city of Plymouth is going through a zoning ordinance update and they have incorporated a minor variance, both by definition and procedure, in theirs. OLD BUSINESS Miscellaneous Issues There was no discussion regarding the miscellaneous issues. NEW BUSINESS The Planning Commission minutes were approved as written. New Hope Planning Commission - 13 - April 2, 1996 ANNOUNCEMENT ADJOURNMENT Commissioner Oelkers questioned how big the house would be that is proposed to be built on the property at 6067 West Broadway and Mr. McDonald expalined tha thte foundation would be expanded. Sarah Bellefuil has the building plans if he or any other Commissioners are interested. Chairman Sonsin informed the new Commissioners about the Committees and that they could attend a Codes & Standards Committee meeting and a Design & Review Committee meeting for a couple months before deciding where they would like to serve. Both Commissioners have attended the first of two training sessions. The Planning Commission meeting was unanimously adjourned at 8:35 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary New Hope Planning Commission - 14 - April 2, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES CALL TO ORDER May 7, 1996 City Hall, 7:00 p.m. The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Stulberg, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen Landy Kirk McDonald, Management Assistant, Sarah Bellefuil, Community Development Specialist CONSENT ITEMS No Consent Items. PUBLIC HEARING PC96-07 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for Development/Final Stage Approval for An Industrial Planned Unit Development/Conditional Use Permit Approval and Lot Frontage Variance to Allow Construction of Two Office/Warehouse Buildings, 7300 49th Avenue North, Brad Hoyt/J-S Winnetka, Inc., Petitioner. Mr. McDonald stated that the petitioner is requesting development/final stage approval for an industrial PUD to allow two office/warehouse buildings on the property on 49th Avenue. At the April 2 Planning Commission meeting, the Commission approved the concept stage for this development and the City Council approved the concept stage on April 8. The Commission and Council approved the concept stage subject to several conditions which were listed in the planning case report and which were to be addressed on revised plans. Hoyt Development prepared a revised site plan, landscape plan and grading/drainage/utility plan in response to those conditions, and is requesting development/final stage approval. Mr. McDonald reported that the Design & Review Committee met with the petitioner on April 18 and had a detailed discussion regarding all the conditions of approval. Revised plans were submitted as a result of that meeting. The Planner and City Engineer submitted reports after reviewing the revised plans and their comments have been incorporated into the planning report. The first item concerned off-street parking spaces. One condition was that the site plan be revised to be consistent with the survey boundaries and this has been completed. The site plan and survey indicate a total of 113 off-street parking spaces, which meets the City's minimum parking requirement. The result of this is additional width in the loading area. The second item regarded loading berths. There were problems with the number and size of loading berths, both on the south side of Building A and the east side of Building B. The petitioner eliminated the berths which did not have adequate turning radius for trucks and the driveway connection between the loading berths and the south parking lot has been eliminated. All of the proposed loading spaces now provide adequate turning areas for maneuvering of a 55-foot semi-truck without interfering with circulation patterns and landscaped areas. New Hope Planning Commission - I - May 7, 1996 Mr. McDonald continued saying that there were several items regarding the landscaping that needed to be addressed. Additional landscaping was required along the south and southeast property lines. A new hedge is proposed to be planted along the southeast property line that would provide 4-6 foot maximum height. The Planner recommended plantings that would provide 7-8 foot height. This is an issue the Commission should discuss. Additional landscaping has been provided on the south part of the parking lot. The plantings shown along the south property line upon entering the parking lot have exceeded the recommendations. The Planner recommended some changes in this area and the Commission should clarify the plantings for this area. The second item on the landscaping plan regarded additional landscaping in the parking lot island to the west of Building A to mirror the landscaping provided on the Navarre property. The revised landscape plan included plantings that mirror the landscaping on the Navarre property parking island. The third item included additional screening to the north and east of warehouse "B". At the Design & Review meeting the discussion centered on moving trees from the bottom to the top of the berm away from the wetland. The Committee recommended that a mixture of trees, Black Hills Spruce and deciduous, be planted along the north and east side of the building. The applicant has revised the plan to include Black Hills Spruce and maples. The Planner noted the number of trees on the north side of the warehouse had been reduced on the revised plan. The plan shows the trees wrapping around the corner of the building and the Commission will need to decide if the landscaping is adequate on that corner of the property. The seeding plan has been incorporated into the landscape plan, as requested, and specifies the seeding type and amount, ground preparation, dates of seeding, mulch type and erosion control areas. This was incorporated into the plan using MnDOT construction specifications. The last item regarding landscaping was that the landscaping in front of Building A should consist of a plant type that provided some vertical amenity that breaks up the building massing and enhances the entrances. The juniper and arborvitae that were originally proposed in front of Building A have been removed from the plan and replaced with Spring Snow Crab. The Planner stated in his report that this does provide the vertical element requested. Mr. McDonald pointed out that there were three recommendations regarding the grading/drainage plan. The first recommendation was that the wetlands must be delineated and that a protective easement be placed over them. The wetlands have been delineated on the plans, however the protective easement has not yet been provided. The City Engineer also addressed some concerns along the westerly right-of-way of the C.P. Rail. No changes in the plans have been made and the Commission may want to address this issue with the petitioner. There was a lO-foot wide utility easement near the east wall of Building A as there is a 30-inch storm sewer that runs through that area. The Commission requested that a 20- foot wide easement be included on the plan, as requested by the City Engineer, and the revised utility plan shows that the easement has been widened to 20 feet. There was also a request that the building footing plan for Building A be changed to allow a 1:1 side slope in the event that the storm sewer would have to be opened up and this has not been provided on the footing plan to date. Mr. McDonald continued with the condition regarding signage. The applicant was to submit a Comprehensive Sign Plan for all outside signage. The petitioner has indicated the location of a masonry monument sign located at the shared driveway entrance and is shown on the landscape New Hope Planning Commission - 2 - May 7, 1996 plan. The sign would be 20' long x. 4' high or 80 square feet and does meet City Code requirements. If more signs will be on the building, staff will need more details. Mr. McDonald stated that there was no information on the plans if the concerns of the Fire Inspector had been addressed or whether the building height had been reduced. The site plan does not show an access road. The Commission should discuss this matter with the petitioner. Mr. McDonald commented that the revised plans do address about half of the issues that were requested previously. The Commission will need to determine how important the remaining items are. A couple of the items are documents that need to be submitted, such as the maintenance agreement for ingress/egress and the protective easement for wetlands. The Commission should determine what needs to be accomplished with the landscaping plan and the sign plan and whether what has been submitted is adequate. A couple minor issues to discuss would be the footing design, which could be easily shown on the plan, and the grading issues along the C.P. Rail. The issues with the Fire Inspector should be resolved. Staff recommends that, if approved, it be subject to the conditions in the report. Mr. Brad Hoyt came to the podium to answer questions of the Commissioners. Commissioner Cassen first addressed some of the landscaping recommendations and questioned why they were not implemented in the revised plans. Mr. Hoyt replied that they did adopt most of the recommendations and stated he did not understand they were requirements. Within the constraints of the project's economic feasibility, the petitioner stated they did provide a great deal of landscaping on the project. They believe the amount of landscaping provided is sufficient. Hoyt stated that the specific request for additional landscaping beyond what is provided is not an obstacle and they would comply with the Planner's recommendations in the report. Commissioner Cassen complimented the petitioner on the proposed landscaping for the north and east side of warehouse "B" and stated she felt no additional landscaping or any change of the proposed landscaping was needed in this area. Commissioner Cassen questioned what the Spring Snow Crab looks like and was told there are white blossoms on it during the summer. Commissioner Oelkers stated that it appears there will be very little color around the building during the winter. Commissioner Cassen asked the petitioners if they could incorporate some coniferous and deciduous trees so there would be some green in winter. The petitioner agreed to combine the Spring Snow Crab with arborvitae in the front of Building A. Commissioner Cassen asked the petitioner if it would be agreeable to plant the Dwarf Amur Maple which grows 7-8 feet instead of the Dwarf Ninebark and the petitioner agreed. Mr. Hoyt questioned the issue of the earth mound in the rear green area as recommended by the Planner in his report dated May 1. Commissioner Cassen stated that this referred to the mound of dirt at the back and to the east of warehouse "B". Mr. McDonald responded that this was not included in the recommendations because it was staff's understanding that it would be spread out during the construction and grading process. Mr. Hoyt pointed out that the dirt would not be removed from the property, but as shown on the grading plan, it would be spread out. Mr. Hoyt explained that the mound of dirt would be used to change the elevation of the building. New Hope Planning Commission - 3 - May 7, 1996 Commissioner Cassen questioned the footing design on the east wall of Building A and Mr. Hoyt replied that this was an oversight and would be corrected on the plans. The structural engineer would be taking care of this when the structural design is completed for the building. Commissioner Cassen questioned if there is a joint maintenance agreement with Navarre and was told that there is an agreement and it has been recorded. The petitioner will provide a copy to City staff. Mr. Hoyt stated that the wetlands easement will be extended. Regarding the grading issue near the C.P. Rail, Hoyt stated that the water drains from south to north and they are not doing anything to change the drainage pattern. He stated objection if he would be required to change or alter the drainage for neighboring properties. Mr. McDonald interjected that the City Engineer wants to insure that the water will still travel from south to north. Commissioner Cassen noted that the final grade will be subject to review by the City Engineer. Commissioner Cassen expressed concern about the unresolved issues with the Fire Inspector. Mr. Hoyt explained that the information cannot be provided until they know who the tenant would be and what they would be using the building for. The petitioner stated he takes exception to the fire access road and the application of codes and is not sure how to deal with this issue. He stated he may need to discuss this with City Council. The Fire Code is different than the Building Code. The Fire Code coincides with the product being stored in the building or the building use and then determines exactly what type of system to use. Instead of looking at the code which provides for "or" and instead say "and", you can make the whole system not work properly. That situation exists on at least one building they have constructed. The petitioner stated that he will not know what type of fire system to use in the buildings until he knows the tenant and the use/merchandise stored in the building. Commissioner Cassen wanted to know if there has been any comments from the Fire Marshall regarding the deletion of the road around Building A. The concern on Building B was for tall storage and being able to get around the building which is a requirement by the Fire Marshall. Mr. Hoyt remarked that the road is an elective in the Fire Code, which makes a provision for when topographical or geographic constraints make it impossible to install the fire access lane that the Fire Marshall may waive that requirement. The building next door (Navarre) has a road on only two sides of the building and is considered a Class 5 Flammable, which is the most combustible there is. This requirement has not been applied on all buildings in New Hope. Mr. Hoyt stated that the buildings may be constructed in phases and have Building A built first and construct Building B after it is leased. Commissioner Cassen asked staff if a condition could be added that would include a yearly review of materials by the Fire Inspector and staff responded in the affirmative. Chairman Sonsin inquired how long the lease might be with the tenants of the buildings. Mr. Hoyt responded that he would lease for a five-year minimum at this location. Most companies do not lease for more than ten years. Chairman Sonsin informed the petitioner that the Commission is looking at the future and what type of tenant might be in the building in 10-15 years and whether the requirements of the Fire Code are in place. A sprinkling plan should be provided for the Fire Marshall; the hydrants are fine. The Commission and Council might request at least the road and sprinkler for the buildings until a more definite plan is submitted. Mr. Hoyt feels this is not right as it is the Fire Marshall's job to go out and inspect buildings, and if the use of the building has changed, the lease would be changed according to that tenant and an inspection process would take place. The Fire Marshall could then New Hope Planning Commission - 4 - May 7, 1996 force the new .occupant to install systems appropriate for their use. Mr. Hoyt feels that since the fire access road has not been enforced for other buildings in the City he is being discriminated against by being forced to install the road. Commissioner Oelkers questioned why the parking lot connection was eliminated from in front of Building A, Mr. Hoyt replied that the road was deleted because of the requests to remove dock doors based on the traffic traveling around the building. They will be using the 1 §0-foot rule, which means the Fire Department can get to any portion of the building with 150-feet of hose. In this case a fire truck can come up to both sides and get all the way around the building and does not hamper the access in terms of fire. The grade would still be the same so if someone needed to drive over the grass they could. In some cases the developer has installed a turf block below the grass which supports a vehicle's weight, and they would be willing to install a turf block by Building A if this would be requested. The goal was to eliminate the concerns about traffic maneuvering that was causing the removal of the dock doors. Removing the road does not inhibit the access to the building. Commissioner Cassen inquired about the signage. It was indicated in the report that the sign would be 20' x 4' or 80 square feet. If there is going to be any additional signage, details need to be provided, Mr. Hoyt responded that they do not have any other information regarding signage. The 80 square foot sign mirrors the signage for the Navarre building. If the building is multi-tenant, there will be signage but it is typically limited to doors or ground mounted pylons rather than putting signs on the building walls. Commissioner Cassen reminded the petitioner that the sign plan would need to be submitted for approval. Commissioner Underdahl questioned what fire protection plan would be used. Mr. Hoyt replied that the buildings would be sprinkled and two fire hydrants are provided. Chairman Sonsin asked if the petitioner had already met with the Fire Marshall. Mr. McDonald remarked that one of Mr. Hoyt's associates did meet with the Fire Inspector. Chairman Sonsin stated that there is confusion in the reports as to what is required and what is being provided. Commissioner Keefe asked if a condition can be applied regarding the high- pile storage and remove it later if it is not required. Chairman Sonsin replied that the fire protection plan needs to be acceptable to the Fire Inspector based on what would be in the building. The Planning Commission should not require a condition like that as it would detract from the potential use of the warehouse, MOTION Item 3.1 Motion by Commissioner Cassen, seconded by Commissioner Oelkers, to approve Planning Case 96-07, Request for Development/Final Stage Approval for An Industrial Planned Unit Development/Conditional Use Permit Approval and Lot Frontage Variance to Allow Construction of Two Office/Warehouse Buildings, 7300 49th Avenue North, Brad Hoyt/J-S Winnetka, Inc., Petitioner, subject to the following conditions: 1. The petitioner submit revised plans and documents that addresses the following issues: A. A joint maintenance agreement for ingress, egress, and maintenance of shared drives be submitted and reviewed by the City Attorney. New Hope Planning Commission - 5 - May 7, 1996 B. The landscaping plan be revised along the south and southeast property lines and west side of Building A, per the recommendations in the Planner's report. C. Comprehensive Sign Plan be submitted that shows all site signage will comply with applicable provisions of the City Sign Ordinance, as outlined in the Planner's report. D. Footing design for easterly wall adjacent to existing 30-inch storm sewer be designed to allow a 1:1 side slope in the event the existing storm sewer is open, cut and repaired. E. Existing wetlands be protected by an easement in accordance with the Wetland Conservation Act. F. The grading plan shall insure all drainage within the westerly right- of-way of the C.P. Rail System is conveyed from the south to the north and the grading plan be subject to approval by the City Engineer.. G. Recommendations of Fire Inspector be incorporated into plans with annual review of the buildings by the Fire Inspector. H. PUD Agreement be executed with the City and a suitable 'performance bond be posted. Commissioner Oelkers questioned if the Commission is recommending that an access road around the building be part of the conditions of approval. Commissioner Cassen stated that this would need to be resolved with the Fire Inspector. Mr. McDonald pointed out that in the Fire Inspector's memo it gives some alternatives, one of which is a sprinkling system, and the petitioner has agreed to this. Voting in favor: Keefe, Stulberg, Underdahl, Oelkers, Damiani, Svendsen Voting against: None Absent: Landy Motion carried. Sonsin, Cassen, This planning case will proceed to the City Council on May 13, 1996 and requested that the petitioners be in attendance since the Council may have additional questions. PC 96-11 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, Request for Site and Building Plan Review/Approval and a Conditional Use Permit to Allow Car Wash Expansion, 9400 36th Avenue North, Randy Rau/Mobil Mart, Petitioner. Mr. McDonald stated that petitioner is requesting site and building plan review/approval and a conditional use permit to allow car wash expansion. The owner of the Mobil Mart gas station and convenience store at 36th and Jordan Avenues is proposing to expand the existing car wash building and convert it from a touchless car wash to a conveyorized car wash. In converting the car wash from a self-service to a full-service operation, the owner is proposing to expand the car wash to the west. The site plan shows the building would be lengthened from the existing 45 feet to 145 feet and the proposed addition would be 2,500 square feet. It would increase the existing car wash building area from 3,800 to 6,300 square feet. The property is located in a B-3, Auto Oriented, Zoning District. Surrounding land uses include R-1 Single Family Residential to the north and across Jordan Avenue to the east, R-O Residential Office to the south along with some additional R-2 Single Family Residential and B-4 Commercial (Post Haste Shopping Center) to the west. Construction New Hope Planning Commission - 6 - May 7, 1996 approval and a PUD/CUP to allow a convenience store at this site was approved in 1990; and a minor ground sign variance for an off-premise sign was approved in 1991. The topography of the site is flat except for a berm on the east side of the property along Jordan Avenue. Property owners within 350 feet of the site were notified, including the City of Plymouth, and staff have not received any comments on the plan. Mr. McDonald reviewed the purpose of the conditional use permit stating that it is should provide the City with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. The City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or any other factors that the City shall deem a requisite for making this a compatible use. Outlined in the planning report were other general criteria to be considered: the Comprehensive Plan and whether this use is consistent with the Comprehensive Plan; whether the use is compatible with adjacent land uses; performance standards; the proposed use will not tend to or actually depreciate the area in which it is proposed; and certain criteria for specific zoning districts. For Business Districts items to be considered include: the proposed use will not cause traffic hazards or congestion; adjacent residential zoned land will not be adversely affected; and that existing businesses nearby will not be adversely affected because of a curtailment of customer trade or intrusion of unduly heavy non- shopping traffic or general unsightliness. Mr. McDonald pointed out that the principal use, convenience store with gasoline, and the accessory use, the car wash, are both conditional uses in the B-3 zone. The City Code states that car washes including drive- through, mechanical and self-service, are allowed as conditional uses in the B-3 zone provided that the certain conditions are met which were listed in the planning report and include compatibility, stacking, surfacing, drainage, access and noise. Mr. McDonald explained to the Commission that the plans were completely revised since the time of the Design & Review meeting. The original plans had cars entering the car wash on the west and exiting on the east and out onto Jordan Avenue via an existing drive. Due to a lot of discussion with the Design & Review Committee and past problems with noise concerns from the neighborhood, the Committee encouraged the petitioner to reverse the flow of traffic to have less of an impact on the neighborhood. The revised plans show cars entering the car wash from the east and traveling to the west which will eliminate a lot of the noise along Jordan Avenue from the dryer fans. The berm along Jordan Avenue has been extended around the corner to help block noise. The existing exit onto the northeast drive has been eliminated so Mobil Oil customer traffic cannot exit out onto Jordan. This will place most of the retail traffic onto 36th Avenue, which is a collector street. By eliminating this curb cut, the car wash water dripage and resulting ice/potholes on Jordan Avenue should be eliminated. Another improvement is that the canopy lights that are visible to the homes north of the area will be blocked by the expanded car wash roof. Mr. McDonald reported that a pre-application meeting was held with the petitioner, the Department Heads reviewed the plans, and the Design & Review Committee met with the petitioner to discuss how the plans could New Hope Planning Commission - 7 - May 7, 1996 be revised. Revised plans were submitted as a result of that meeting. The cars will enter the car wash via a new 15-foot wide drive aisle around the south and east sides of the existing convenience store by entering on the east and existing on the west side of the building. A rock-face retaining wall will be constructed on the south/east/north sides of the drive aisle. The present berm will be cut in half, the retaining wall installed and then the drive. From the street, the berm will still be visible. City Code requires 20 parking spaces and 22 are provided with this plan. Twelve spaces are at the gas pumps. With the installation of the new drive, the handicap parking stall has been relocated to the southeast side of the new car wash building. A new recycling center enclosure would be on the northeast side of the property, The new addition complies with the setback requirements which are 10 feet on the north and 35 feet on the west. The vacuum islands would be installed on the north side of the proposed building. Additional ground lights would be installed at the west end of the new building at the exit point. All the curbing on the site would be B6-12 concrete curbing. The building elevations show that the exterior materials of the new addition would match the existing building. The building would have a standing seam metal roof and brick walls, The north and south building walls facing the residential areas would have decorative glass block windows. New signage is to be installed stating "Perfect Express Car Wash" on the south building elevation. The Sign Code allows 125 square feet and the proposed sign is 3' x 36' or 108 square feet and therefore meets code requirements. Existing signage on the west elevation of the convenience store is to be removed. The other signage on/off the site will remain the same other than the wording may be changed. There is one 40 square foot ground sign on the property and one 200 square foot ground sign near Highway 169 on which the name of the car wash may be added. The existing berm along the east side of the convenience store would be partially removed to accommodate the drive aisle, but would appear the same from Jordan Avenue. Mr. McDonald stated that the landscaping schedule was outlined in detail in the planning report. Some of the plantings would be new and some would be transplanted. Twelve new junipers that would be planted along the south side of Building A. Existing coniferous, Summit Ash, Canada Red Cherry and Alpine Currants that are currently located on the site in the area of the new drive aisle or the expanded building area would be moved and transplanted on the site. The plan shows a full irrigation system for all sod and plantings. The City Engineer reviewed the plans and made some recommendations for additional elevations to be shown and made comments regarding the alignment of the car wash exit and snow removal in the entry drive aisle. Staff recommends approval, pending public input, per the recommendations in the planning report. The petitioner, Mr. Randy Rau, came forward to answer questions from the Commission. Commissioner Oelkers questioned the snow removal. Mr. Rau answered that the snow on this site would need to be hauled away as there is not room for snow storage on the site. Commissioner Oelkers asked what the height of the retaining wall would be. Mr. Rau stated that the architect has indicated to him that more details would be needed and after they meet with the landscape architect this information would be provided. At the present time it looks as if the retaining wall would be 3'-4". The car New Hope Planning Commission - 8 - May 7, 1996 wash floor and drive aisle drQps down somewhat, therefore, what would be seen from Jordan Avenue looking toward the drive aisle might only be the top of the vehicles. Chairman Sonsin asked for clarification on the highest point of the berm and was told it would be 3'-4" as measured when MnDOT was at the site. The street is lower than the elevation of the car wash. Commissioner Oelkers stated that the revised plans resolved a lot of the issues discussed at Design & Review. Commissioner Cassen questioned how trucks would get in close enough to make a pick up at the recycling center on the north side of the building with parking stalls right up to the gates. Mr. Rau explained that the gates of the trash enclosure are faced toward the west instead of toward the houses so there would be less damage done to the gates if inadvertently left open and the aesthetics of the enclosure wall to the north facing the residential area would be more pleasing than gates that might be left open. He stated that the parking stalls right there are hardly ever used. Commissioner Cassen stated that the three vacuum islands are on the north side of the building by these parking stalls also and possibly parking stalls five and six could be eliminated or crossed out since there are two more stalls provided than code requires. Rau stated that the parking lot will be restriped when construction is completed. The City Engineer recommended that the car wash driveway be realigned to be perpendicular to the shared driveway, which may warrant a concrete median. The petitioner stated they wanted to show that they could do everything on site without bothering adjoining properties. The petitioner stated he is agreeable to exiting straight out of the car wash. Hydraulic floor heat would be installed at the exit and would extend past the exit for about 20 feet so there will not be any ice build-up at the exit. Commissioner Cassen reminded the petitioner that Design & Review did recommend arrows out to the street to direct traffic away from the parking lot. The directional arrows should direct traffic from cutting through the parking lot of the shopping center to exit the car wash and the petitioner was agreeable with this. Commissioner Damiani inquired about the lighting plan on the new drive. Mr. Rau responded that the only lighting that would be added on the outside is a pole light that shines downward at the west end of the car wash at the exit. There is one light at the east end of the car wash. The berm will be wrapped around the corner. They tried not to add too much lighting so as not to bother the neighbors. The height of the roof is higher than the canopy so a lot of the lights would be blocked to the north. Commissioner Damiani questioned if there would be some type of lighting in the drive aisle as cars would enter the car wash. Mr. Rau stated he discussed this with the electrician and stated that some down lights might be needed, but the only lighting that could be put in there would be on the step retaining wall. On the first platform of the retaining wall, which would be shown on the landscape plan, more shrubs would be added and lighting in between the shrubs. This would keep the lighting Iow to the ground and not bother the residents on Jordan Avenue. Commissioner Damiani questioned the height of the car wash and if a large van would be able to run through it. Mr. Rau stated that there is 90" clearance and the equipment is the tallest that they could purchase. Commissioner Stulberg asked how the snow would be removed from the drive aisle that leads to the car wash entrance. Mr. Rau stated that there would be a snow melt system along the entire length of this drive aisle, which is set at 70 degrees. Commissioner Stulberg wondered what would New Hope Planning Commission -9- May 7, 1996 happen if there was a large snowfall of 15-20" or more and if the snow melt system would accommodate this type of snowfall. Mr. Rau responded that he does his own plowing, and with a large snowfall, he might need to back drag the snow out of the alley. Commissioner Svendsen questioned if a large vehicle, such as a Suburban, would be able to easily turn the corner into the car wash. Mr. Rau stated that the Building Official measured the turning radius and found it to be in accordance with code. Commissioner Cassen asked about signage at the entrance to the car wash. Mr. Rau stated that at other locations he uses 2'x 2' directional signs stating "Do Not Enter - Car Wash Only". Commissioner Cassen pointed out this should be indicated on the plan. Chairman Sonsin asked for the sequence of operation in terms of purchasing gas, paying, vacuuming, going through the car wash and leaving. Mr. Rau stated this is an exterior wash only, and the driver would stay in the vehicle and ride through to the end. The c'ustomer would first come into the convenience store to buy a ticket for the car wash, however not all of the gas customers utilize the car wash. The customer then gets in line for the car wash. The attendant meets the customer at the entrance to assist the customer on the conveyor, the car is prepped and then continues through the wash. The vacuuming can be done before or after the wash. The vacuum islands are on the north side of the building so the vehicles then need to go out and around to the vacuums. The cars would then probably exit onto Jordan Avenue using the shopping center driveway. Chairman Sonsin wondered what percent of the customer would use the vacuum. Mr. Rau replied that during the winter there are very few and at this time of the year the average might be 20 percent. Chairman Sonsin wanted clarification on how many cars can be stacked in the drive aisle. Mr. Rau answered that ten cars can be stacked in the drive aisle. On some days, it might be possible that more cars would be in line waiting for the car wash. Typically the speed of the conveyor moves about 50 cars per hour, or one car per minute, through the wash. An example would be from the Brooklyn Center store on a 500 car day, the most cars in line was about 15 at one time. At this location if the drive aisle would be full, cars could also stack in front of the island just west of the entrance. There would be room enough for double stacked cars and still have room for cars purchasing gas at the gas island. Chairman Sonsin wondered if anything would be done at the entrance so customers would not block this entrance while waiting in line for the car wash. Mr. Rau state this is a concern and signage would be installed stating "Do Not Block Entrance". The hours of operation now are 6 a.m. to 10 p.m. and the new hours would be 7 a.m. to 9 p.m. The attendant tries to shut the line down about an hour before closing so that the car wash itself can be washed down each night by closing time. If there are several cars in line, the attendant tells the cashier to stop selling tickets. Chairman $onsin asked the audience if anyone was in attendance concerning this case and, if so, to come to the podium. Ms. Joan Johnson, 3551 Independence Avenue North, came forward. She stated she is the closest residential neighbor and felt that the Petitioner ran a fairly good operation. She had concerns regarding the transport drops after closing, or after dark. The transit parks in front of the island just west of the Mobil Mart entrance and there is about one drop every day or New Hope Planning Commission - 10 - May 7, 1996 two. Mr. Rau explained that when he orders gasoline, he gives instructions for it to b~ dblivered before 9 p.m. Ms. Johnson was concerned that when the transport is dumping no cars can be stacked in that area waiting for the car wash. She was also concerned that there is not enough lighting in that area because when a transport is dumping after closing, the outside lights are turned off, the area is very dark, and the trucks do not leave on any lights. It is difficult to see in this area after dark and she would like to see more lights required in this area. Ms. Johnson is also concerned about the limited visibility behind the car wash and neighborhood kids hanging out by the shopping center. Ms. Johnson questioned whether the waste water from the car wash would go into the storm sewer. Mr. Rau explained that they have three holding bays and they reclaim some of the water for pre-wash. The EPA does not require special handling of the waste water. He does, however, pump out the sand and sediment that is washed off the cars. They do have a flammable waste trap for oil and grease so that does not go into the sewers. Chairman Sonsin questioned if there would be a problem with adding additional lighting on the island where the transport dumps. Mr. Rau stated he thought there were existing lights there and would check into this lighting issue. Commissioner Cassen stated that the plan indicates eliminating existing lighting and adding new lighting. Commissioner Stulberg asked if when the tanker is dumping whether the car wash would shut down. Mr. Rau indicated that cars can get around the tanker to get in line for the car wash. Commissioner Stulberg questioned if it is reasonable to assume that tankers would not be dumping after dark in winter when it gets dark early. Ms. Johnson interjected that she is concerned with the dumping after closing when all the lights are turned off and the tankers do not leave on any lights while dumping. Commissioner Stulberg asked if the lights could be put on timers so the lights would be on an additional hour after closing. Commissioner Svendsen asked if there is a problem with anyone dumping any foreign materials into the tanks and was told this has not been a problem. Chairman Sonsin asked if there is any leakage from the tanks. Mr. Rau answered that this site had a spill when the previous owner was at this site. The spill has been cleaned up and the EPA has cleared the site. Commissioner Underdahl wondered if it is possible to leave on some of the lights and Mr. Rau stated he would take care of this immediately. MOTION Item 3.2 Motion by Commissioner Oelkers, seconded by Commissioner Stulberg, to approve Planning Case 96-11, Request for Site and Building Plan Review/Approval and a Conditional Use Permit to Allow Car Wash Expansion, 9400 36th Avenue North, Randy Rau/Mobil Mart, Petitioner, subject to the following condition: 1. All building and ground signs to comply with Sign Code and all directional signs and painted arrows on pavement to be clarified on plans. 2. Height of retaining wall to be indicated on plan. 3. Grading plan to clearly indicate all contour elevations. 4. Snow to be hauled off the site if adequate storage is not available and this is to be indicated on plan. 5. Car wash driveway exit to be realigned perpendicular to the shared driveway. 6. Existing traffic flow, lane widths, parking isles and drive aisles be shown for the shopping center and car wash site to ensure there is New Hope Planning Commission - 11 - May 7, 1996 not a conflict with the flow of traffic through the shopping center parking lot. 7. Two parking spaces on north side near recycling center (numbers 5 an 6) to be deleted and be marked with crossouts on pavement. 8. Annual inspection by staff. Voting in favor: Keefe, Stulberg, Underdahl, Oelkers, Damiani, Svendsen Voting against: None Absent: Landy Motion carried. Sonsin, Cassen, This planning case will be presented to the City Council on May 13, 1996. PC96-14 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3 Request for Site and Building Plan Approval for Warehouse Addition and a Variance from the Side Yard Driveway Setback Requirement to Allow Relocation of Curbing on North Side of the Building for Truck Maneuvering, 3501 Nevada Avenue North, Marv Schmidtz/Pro Engineering, Inc., Petitioner. Ms. Bellefuil stated the petitioner, Pro Engineering, is requesting site and building plan approval to allow the construction of a warehouse addition and a variance from the side yard driveway setback requirement to allow the relocation of curbing on the north side of the building to allow for truck maneuvering. The addition would be 8,458 square feet and would be constructed on the rear side of the existing 25,000 square foot building. The petitioner is also requesting a five-foot variance from the ten-foot parking setback requirement which is required for parking lots in non- residential areas. The variance would accommodate truck maneuvering as shown on the plan. The property is 2.01 acres and is located on the west side of Nevada Avenue just south of 36th Avenue. The property is located in an I-1 Zoning District and is surrounded by I-1 zoning on the north and south, R-4 multi-family and I-2 industrial to the west and the city of Crystal to the east. Pro Engineering is a metal stamping company that has been in business since 1973. They currently employ about 25 people and they expect to add eight employees once the addition is complete. The petitioner stated on the application that the site and building plan approval and variance request should be granted because the business is growing and all other requirements are met. Ms. Bellefuil pointed out the purpose of a variance is to permit relief from strict application of the zoning code where undue hardships prevent reasonable use of the property. Hardships can include the size or shape of the property, topographical conditions or water issues. The hardship cannot be created by the owner, or if the variance is granted, it should not alter the character of the neighborhood or unreasonably diminish or impair the neighboring properties. Ms. Bellefuil stated that this variance is necessary to allow for adequate truck maneuvering by the truck dock that would be added on the north side of the building. The ten-foot parking lot setback would be reduced to five feet for about 130 feet. The setback requirements for this property are met, with the front yard setback requirement at 50 feet and the actual setback at 83 feet, the side yards are to be 20 feet and the actual setbacks are 42 feet on the north and 20 feet on the south. The rear setback should be 35 feet and the actual setback is 74 feet. Staff feel that the five-foot variance is justified because the lot is long and narrow, New Hope Planning Commission - 12 - May 7, 1996 the building meets all setback requirements, the variance will occur at the rear of the lot instead of at the front, and the industrial building to the north is located at the northern property line of that site with a parking lot between the buildings, therefore the adjacent property would not be negatively impacted by the variance. Ms. Bellefuil reported that a pre-application meeting was held with the petitioner. The Department Heads reviewed the plans and the Design & Review Committee met with the petitioner to discuss the plans. Revised plans were submitted as a result of the Design & Review meeting. In reviewing the revised plan, a total of 47 parking stalls are provided with a total of 28 stalls required, snow storage and the trash enclosure are noted on the plans, wall pek light fixtures (new and existing) are shown on the plans, there is no new landscaping proposed as there is substantial landscaping on the site, which is shown on the plan. The exterior would be finished in similar materials as the existing building, and one new rooftop unit would be added, which is not included on the plan, but would be painted to match existing. Ms. Bellefuil reviewed the City Engineer's comments saying that the storm water runoff from the western portion of the site runs to an existing drainage swale located along the west property line, which in turn conveys drainage north to a ponding area located south of 36th Avenue. There would be no drainage upgrades at this time, but if in the event that this business and surrounding businesses want storm sewer, they would need to petition the City in the future. The grading plan indicates that there is an existing drainage tile on the south side of the building, and the plan should indicate the size, depth, and location of discharge. Also, the grades should be revised to provide a minimum of one percent in the new trucking area. Ms. Bellefuil stated that staff recommends approval of the five-foot parking lot setback variance and site/building plan review/approval subject to conditions that include rooftop equipment to be painted to match building or be screened and implementation of City Engineer's recommendations. Chairman Sonsin asked the petitioner to come forward to answer questions from the Commission. Mr. Marv Schmidtz, owner of Pro Engineering, came to the podium. He stated he has been at this location since 1990. Mr. Bob Olson, general contractor, could answer any technical questions from the Commission. Commissioner Damiani asked whether the new rooftop equipment would be painted to match the existing. Mr. Schmidtz replied that most of the existing rooftop units are toward the front of the existing building and one additional unit would be at the rear of the new building addition. The entire building would be repainted when the construction is completed. Commissioner Damiani questioned if a retaining wall would be built in the area of the variance since there is such a steep drop-off. Mr. Schmidtz stated he would rather have Mr. Olson answer that question. Commissioner Damiani questioned if the pallets and other items stored outside would continue or if it is temporary. Mr. Schmidtz replied that this is very temporary and the truck drivers are to pick these items up and return them. About every week or two there is a private party that picks up these items and hauls them away. The steel scraps are kept inside. New Hope Planning Commission - 13 - May 7, 1996 Commissioner Damiani redirected the retaining wall question to Mr. Olson. Mr. Olson replied that the grade problem in this area relates also to one of the concerns of the City Engineer regarding the one percent drainage from the trucking area out to the northwest corner. By lowering the grades through that area, the petitioner can address some of the grade changes with the parking lot to the north. If needed, they could do some retainage along the curb. They will determine what is needed during construction and grading. Commissioner Damiani asked for clarification on the grading and paving of that whole area on the west. Mr. Olson stated that the western area would be repaved after the grading is finished. The bituminous on the eastern portion of the site is in good condition. MOTION Item 3.3 Motion by Commissioner Damiani, seconded by Commissioner Cassen, to approve Planning Case 96-14, Request for Site and Building Plan Approval for Warehouse Addition and a Variance from the Side Yard Driveway Setback Requirement to Allow Relocation of Curbing on North Side of the Building for Truck Maneuvering, 3501 Nevada Avenue North, Marv Schmidtz/Pro Engineering, Inc., Petitioner, subject to the following conditions: Rooftop equipment to be painted to match building or be screened. Implementation of City Engineer's recommendations, including: A. Storm water conveyed overland to the west property line shall be properly protected to prevent erosion, i.e., geotextile fabric and Class 2 rip rap. B. The grading plan shall show the slopes between this parking lot (additional bituminous maneuvering strip) and the parking lot to the north and reflect the new slopes that will result due to the construction of the maneuvering strip. In the event slope easements of retaining wall construction is warranted, it shall be noted on the plan. C. The grading in the flat area that may result immediately south of the new addition shall not block drainage from the south and shall convey drainage along the common lot line to the west. D. The plan shall indicate the size, depth, location of discharge, and what function the existing drain tile along the south side of the building serves. E. Grades should be revised to provide a minimum of one percent along the north curb line to the existing building and proposed addition. Voting in favor: Keefe, Stulberg, Underdahl, Oelkers, Damiani, Svendsen Voting against: None Absent: Landy Motion carried. Sonsin, Cassen, This planning case will be presented to the City Council on May 13, 1996. PC95-31 Item 3.4 Chairman Sonsin asked the Commission for a motion to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Chairman Sonsin explained that Autohaus had again requested that this planning case be tabled for another month. Staff did notify the petitioner New Hope Planning Commission - 14 - May 7, 1996 that the Commission Wou!d take some action in June. Chairman Sonsin stated the petitioner could Withdraw the request or the Commission may deny the request based on the sign plan submitted in January. Mr. McDonald indicated that there have been some recent changes in the management/ownership of the property and he thought revised sign plans would be forthcoming. Motion by Commissioner Underdahl, seconded by Commissioner Cassen, to table Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Voting in favor: Keefe, Stulberg, Underdahl, Oelkers, Damiani, Svendsen Voting against: None Absent: Landy Motion carried. Sonsin, Cassen, Chairman Sonsin requested that staff take the appropriate action with the petitioner in checking into the existing signs on the building that have not been approved by the Commission. COMMITTEE REPORTS Design & Review Item 4.1 Codes & Standards Item 4.2 OLD BUSINESS Miscellaneous Issues Commissioner Cassen reported the Design & Review Committee met in April with Pro Engineering, Mobil Mart and Brad Hoyt. Chairman Sonsin stated that Codes & Standards met in April to continue discussion on Pawn Shops and one of the police officers joined in the discussion. There will be public hearings on a few of the other topics at upcoming meetings. Mr. McDonald added that staff met to prepare reports for the next Codes meeting. Commissioner Oelkers questioned whether there would be a study on the curbing issue and whether the code could be changes so it would be required to have concrete, not bituminous, curbing on the properties. Mr. McDonald stated that staff would be supportive of this change and would pursue it with the Codes Committee so there are no questions when the Commission requests concrete curbing. Commissioner Svendsen reported that at the GTS training session the new Commissioners attended, one topic discussed was the open meeting law. As he understands the law, the Codes & Standards Committee might be in violation if there is a quorum present. Chairman Sonsin stated that there are only four official members of the Commission on the Committee. Commissioner Svendsen and Keefe are considered observers until they are officially appointed to one of the Committees. The City Attorney is looking into this matter. Commissioner Damiani asked about the status of Phoenix Manufacturing. Mr. McDonald replied that Phoenix is vacating the building as of July 31 and the building will probably be demolished this fall. Chairman Sonsin questioned the status of Ben Franklin. Mr. McDonald stated that the building is sold and new tenants would be moving in. New Hope Planning Commission - 15 - May 7, 1996 NEW BUSINESS ANNOUNCEMENT ADJOURNMENT Commissioner Svendsen stated that during the training session that he attended the issue of the retention of the Planning Commission tapes came up and that as he understood it, the City should retain the tapes for at lease a period of three years. The tape recordings should be kept in case of any litigation as the recordings would be admissible. The recording secretary will check with the City Clerk to find out the retention schedule for the tapes. The Planning Commission minutes were approved as written. Mr. McDonald inquired if the Commission would be available for a July meeting if it is necessary and indicated that it would be held on July 2. Several Commissioners stated that they would not be in attendance in July, however there would still be a quorum with only a few Commissioners absent. Mr. McDonald added that there will be a Design & Review meeting on May 16 for the Ambassador Nursing Home expansion. There are also a couple minor variances that would be on the agenda in June, The Planning Commission meeting was unanimously adjourned at 9:07 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary New Hope Planning Commission - 16 - May 7, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES June 4, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Stulberg, Landy, Sonsin, Cassen, Damiani, Svendsen Underdahl, Oelkers Sarah Bellefuil, Community Development Specialist, Dan Licht, Planning Consultant CONSENT ITEMS No Consent Items. PUBLIC HEARING PC96-16 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for a Variance from the Rear Yard Setback Requirement to Allow Construction of a Sun Room Addition, 4076 Ensign Avenue North, Clifford and Elizabeth Miller, Petitioner. Ms. Bellefuil stated that the petitioner is requesting a nine-foot variance to allow construction of a 12' x 18' sun room. The addition would place the building 26 feet from the rear property line. The existing .home is "L- shaped" and is located 38 feet from the rear yard property line. The rear setback for residential property is 35 feet, therefore the request is for a nine-foot variance. The sun room addition would be located on the east side of the property and extend nine feet into the rear property line setback. The property is located in an R-1 Single Family Residential District and is surrounded by single family homes. The property owners within 350' were notified and staff received no comments. Ms. Beliefuil continued saying that after reviewing the proposal against the criteria for permitting a variance, staff felt that several factors were met with this request. There may be undue hardship because the house design and lot depth were beyond the control of the petitioner. The porch design would not alter the character of the neighborhood. Regarding use compatibility, many of the homes in the area already have porches. Property values in the neighborhood would not decrease because of the porch addition but may increase. Ms. Bellefuil pointed out that after talking to the Planning Consultant, he stated that he did not see this as a hardship because many of the lots are the same size and all residents in the 'area would be dealing with the same situation if they wanted to construct an addition to the property. The Consultant did mention that the Planning Commission might want to examine the current setback requirements. Ms. Bellefuil added that the petitioner submitted a booklet that shows the design of the sun room, which was included in the planning packet. The building materials of the proposed addition would be white enamel frame with windows. In reviewing the plans, staff noticed that the roof style on the sun room addition would be a shed style roof which is different than the gable roof on the existing home. The Commission should question the petitioner if it would be possible to change the roof style to a gable roof New Hope Planning Commission - I - June 4, 1996 MOTION Item 3.1 on the proposed addition. Ms. Bellefuil stated that the contractor is also in the audience if the Commission would need to ask questions of him. Pending public comment, staff recommends approval of the nine-foot rear yard setback variance to allow the sun porch addition, subject to consideration be given to upgrading the porch roof to a gable roof. The petitioner, Clifford Miller, 4076 Ensign Avenue North, and Tom Crotteau, SRC Sun Rooms, came forward to answer questions. Commissioner Landy asked if it is feasible to change the style of the roof pitch. Mr. Crotteau replied that it is possible to change the style of the roof, however, the petitioner came to his business during a promotion of one type of sun room. In order to change the pitch of the roof, the cost would increase dramatically. Mr. Miller interjected that the additional cost would not enable them to build the addition. The petitioner also said that his neighbor, has an addition with a roof line identical to this, which was granted in 1981. Commissioner Svendsen expressed concern over the load capabilities of the flat roof. Mr. Crotteau stated that there would be a l-inch drop per foot, which equals 40 pounds per square foot. This meets/exceeds state guidelines for the snow load. Commissioner Keefe asked for clarification on the tree and shrub cover at the rear of the property and the height of the trees. Mr. Miller responded that he does not have any large trees on his property. The neighbor right behind his property has large trees. The petitioner stated that he has some small dogwoods on his property at the fence line. Chairman Sonsin wondered how the building materials of the addition would wear compared to the building materials of the existing house. Mr. Crotteau explained that the building materials are all aluminum alloy steel and hardboard, which would be expected to last a long time. A security door and electricity have been added to the sun room and there would be no heat as it is a three- season porch. Mr. Crotteau added that there is a lifetime warranty on the product. Motion by Commissioner Landy, seconded by Commissioner Keefe, to approve Planning Case 96-16, Request for a Variance from the Rear Yard Setback Requirement to Allow Construction of a Sun Room Addition, 4076 Ensign Avenue North, Clifford and Elizabeth Miller, Petitioners, subject to the following condition: 1. Consideration be given to upgrading the roof pitch to match the house roof pitch of 4:12. The petitioner stated again that it would not be financially feasible to change the roof pitch and would this be a problem. Commissioner Landy explained that the Commission would like to see the pitch changed, but it is just a suggestion. Chairman Sonsin interjected that if the Planning Commission approves this case, the City Council will review it on June 10. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Damiani, Svendsen None Underdahl, Oelkers This planning case will proceed to the City Council on June 10, 1996. New Hope Planning Commission - 2 - June 4, 1996 PC 96-17 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, Request for Conditional Use Permit Amendment for Nursing Home Expansion, Ambassador Good Samaritan Center, 8100 27th Avenue North, Petitioner. Ms. Bellefuil stated that petitioner is requesting a conditional use permit amendment for the expansion of Ambassador Good Samaritan Center on Medicine Lake Road. Ambassador is proposing to construct a two-story addition on the east side of the existing building. The addition would include an 8,565 square foot first story and a 1,948 square foot addition to the basement. The expansion will include remodeling of the existing building, adding an elevator, fire sprinkling both the new and the old portions of the building, decreas!ng the bed count in the building from 114 beds to 94 beds. Currently there are three beds per room and with the expansion this will be decreased to two beds per room. Because the building is located in an R-O Zoning District where nursing homes are allowed by conditional use permit, the proposal requires an amendment to the existing conditional use permit. Property owners were notified within 350' and the property owner in the adjacent apartment complex came in to review the plans. He was concerned that the expansion would increase the parking problems in the area, however this concern was eliminated when he realized that the bed count would be reduced. Ms. Bellefuil reported that after reviewing the plans, staff found that the criteria and requirements for a conditional use permit are met for the proposed building expansion. The Design & Review Committee met with the petitioner on May 15 and the issues discussed included the purpose of the expansion, sprinkling the building, the addition of an elevator, exterior lighting and landscaping, building materials, water service to the site because of the fire sprinkling, and deliveries by vendors to the site. Ms. Bellefuil continued saying that in response to the Design & Review Committee's requests, the petitioner submitted revised plans. Items addressed included setbacks and Ambassador meets all the setbacks required, a new 6-inch watermain would be brought to the site from Medicine Lake Road for fire sprinklers, 55 parking spaces are provided although only 35 are required, two new rooftop units will be added and they would be color-clad to match the existing building, a retaining wall and stairway would be installed on the east side of the addition. The Design & Review Committee discussed truck deliveries with the petitioner. There was some discussion about a hammer-head for semi-trucks, but because of the large amount of space needed to accommodate this it was decided that this would not be feasible. Parking lot striping was completed at the site about two years ago and would not need to be done at the time of the addition. Ms. Bellefuil reported that the Consultant and City Engineer reviewed the plans and the Engineer recommended that the overland drainage from the Virginia Avenue cul-de-sac be directed along the northeast line in the area where grading is required to construct the addition. The grading for the new addition should not encroach into the overland drainage swale from the Virginia Avenue cul-de-sac to the east. The existing storm sewer in the easement area should be protected and any damage that results should be repaired by the contractor. The proposed retaining wall requires engineering drawings which should be provided by the petitioner. Erosion control along the east should be in place during construction. Ms. Bellefuil stated that staff recommends approval of the CUP New Hope Planning Commission -3- June 4,1996 amendment for the expansion subject to compliance with the City Engineer's requirements and annual review by City staff. Mr. Jim Jasper, Administrator of Ambassador Nursing Home, and Mr. Steve Knutson, Wolfgram Knutson Architects, came to the podium. Commissioner Svendsen remarked that all of the changes the Design & Review Committee suggested were made on the revised plans, including the wall pak lighting on the lower level exit. It was noted on the plan that the new rooftop units would be color-clad or painted similar to the other units and he wondered whether the older rooftop units would be painted because they would be a different color. Mr. Jasper stated that some of the units were added last summer and these units plus the new units would be painted to match the building. Commissioner Svendsen raised the issue of the trash enclosure and the fact that there are no gates on it so that the dumpsters are in plain view of Medicine Lake Road. Mr. Jasper maintained that there were doors in the past and that the with the large size of the opening of the trash enclosure, one door was too heavy and two doors did not work correctly either. He noted that the wall of the enclosure was built so that residents of the nursing home would not see the garbage and stated that they would look into this matter. Commissioner Svendsen wondered whether the additional trees shown on the plans that were to be a gift to the nursing home would still be provided. Mr. Jasper stated that a staff member would be donating some trees. Some of the trees were rearranged near the back wall to break up the long mass of wall. Mr. Knutson added that they were considering a rock face retaining wall instead of a concrete wall. Commissioner Svendsen asked if any consideration was given to a turn-around area for semi-trucks that would be delivering food for the nursing home. Mr. Knutson replied that there are no state monies to construct a turn-around area and when the Building Official reviewed the plans he agreed that there really was not enough area on the site without bringing trucks right up to the resident's rooms. Commissioner Cassen questioned what type of items are put in the trash. Mr. Jasper replied that there is a cardboard recycling bin, glass/can bin, and regular trash. Commissioner Cassen asked where the used medical supplies are kept. Mr. Jasper responded that these are disposed of with a separate company and are stored in containers inside the building, and the company comes inside to remove the containers. These items cannot be placed in regular garbage as it is infectiuous waste and needs to be incinerated. These items are disposed of according to state law. Commissioner Cassen strongly recommended that the trash enclosure have doors in consideration of neighboring properties. The plans indicate that there is a fence around this area. The plans also show a door, however, there is no door on the enclosure. Commissioner Cassen indicated that she wanted to make the inclusion of doors to the trash enclosure one of the conditions of approval. The petitioners stated that they would look into this issue. The problem with two doors and a support in the middle is that the garbage trucks then cannot pull up all the way to the entrance. Commissioner Damiani interjected that there are some supports that can be removed when the garbage trucks pick up and then replaced. Commissioner Cassen commented that there seems to be a large amount of shrubs that died over the winter and wondered whether these would be replaced. Mr. Jasper responded that there were trees and shrubs lost over the winter and when the City constructed the sidewalk along Medicine New Hope Planning Commission June 4,1996 Lake Road a few years.,ago. Also part of the sprinkler system was damaged then. The Petitioner added that they are looking at replacing the lost trees and shrubs. Commissioner Cassen stated that there still is concern over the large trucks going into the delivery area because they have to back onto the property from Medicine Lake Road and questioned what the garbage trucks and small delivery trucks do. Mr. Jasper replied that these trucks pull straight in to unload and back out onto the street. Commissioner Cassen questioned whether the driveway at the northwest corner of the area could be widened so some of the smaller panel trucks could turn around on the property or if one or two of the parking stalls could be eliminated that are close to the delivery area. Mr. Jasper answered that he didn't feel that enough space would be provided for a turn-around by eliminating a couple parking stalls in this area. The new parking area on the far northern portion of the site was to eliminate any parking on the street by,staff during the daytime hours. Commissioner Cassen pointed out that this is a safety issue because of the long driveway. Mr. Jasper stated they would review this. MOTION Item 3.2 Motion by Commissioner Svendsen, seconded by Commissioner Landy, to approve Planning Case 96-17, Request for Conditional Use Permit Amendment for Nursing Home Expansion, Ambassador Good Samaritan Center, 8100 27th Avenue North, Petitioner, subject to the following conditions: 1. Compliance with City Engineer's recommendations. 2. Attachment of single or double doors onto the existing trash enclosure. 3. Existing and new rooftop units to be painted to match building. 4. Eliminate one or two parking stalls near trash enclosure/delivery area to allow garbage trucks and small delivery trucks to turn around and exit the site more efficiently. 5. Annual review by staff. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Damiani, Svendsen None Underdahl, Oelkers This planning case will be presented to the City Council on June 10, 1996. PC96-18 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3 Request for a Variance from the Side Yard Setback Requirement to Allow Construction of a Garage Addition, 3840 Gettysburg Avenue North, Leona Bigelow, Petitioner. Ms. Bellefuil stated that the petitioner is requesting a two-foot variance from the side yard setback requirement to allow for the construction of an 8' x 17' "L-shaped" garage addition. The addition would place the building three feet from the side yard property line. The setback requirement for a residential property line is ten feet or five feet for a garage. The petitioner currently has a single car garage and the addition would make the garage a standard 22-foot double garage. The property is 9,000 square feet. The property is located in an R-1 Single Family Residential District and is surrounded by single family homes. The property owners New Hope Planning Commission - 5 - June 4, 1996 within 350' of this property were notified and staff have received no comments. Ms. Bellefuil continued saying that in reviewing the proposal against the criteria for permitting a variance, staff feels that several factors are met by the request. Regarding undue hardship, a single car garage may be considered a hardship by today's standards. Many of the homes in this area already have double car garages. Property values in the area may not be diminished by the addition of the garage by may be enhanced. In talking with the Planning Consultant, he does not feel that this is a situation of hardship, the Commission may want to review the setback requirements as far as today's standards are concerned. In the area where the garage is currently located, there is a concrete slab along with a fence to block the neighbor's view. The adjacent neighbor's property to the north has a garage next to the proposed addition. The new garage would be stucco to match the existing house and the petitioner has stated that they would be re-roofing the whole house when the addition is completed. Ms. Bellefuil added that pending public comment, staff recommend approval of the two-foot side yard setback variance to allow the garage addition subject to the building materials matching the existing home. Ms. Leona Bigelow and Mr. Rollie Benson, 3840 Gettysburg Avenue North, came forward to answer questions of the Commission. Commissioner Stulberg wondered whether additional bituminous will need to be laid to extend the driveway the entire width of the proposed garage. Mr. Benson stated that the driveway would be the same size as the garage. Commissioner Stulberg questioned what would happen to the existing concrete pad beside the garage. Mr. Benson replied that the concrete would be removed before the construction of the addition. Chairman Sonsin wondered how close the concrete pad is to the property line and was told that it is about one foot from the line. The storage building on the slab will be removed. Chairman Sonsin wanted clarification that this will be a two-car garage and not two one-car garages and this point was confirmed. Mr. Benson clarified one point in the planning report by saying that the addition would be 8' on the front x 31.5' deep x 17' at the rear of the garage. MOTION Item 3.3 Motion by Commissioner Stulberg, seconded by Commissioner Landy, to approve Planning Case 96-18, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of a Garage Addition, 3840 Gettysburg Avenue North, Leona Bigelow, Petitioner, subject to the following condition: 1. Building materials of addition to match existing home. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Damiani, Svendsen None Underdahl, Oelkers This planning case will be presented to the City Council on June 1 O, 1996. PC95-31 Chairman Sonsin introduced for discussion Item 3.4, Request for Sign New Hope Planning Commission - 6 - June 4, 1996 Item 3.4 Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign COde Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Chairman Sonsin reported that this planning case was heard and tabled at the January meeting and has been tabled every month since that time. Ms. Bellefuil stated that the petitioners came in to City Hall the last week of May with rough sketches of plans, which were not sufficient for the Planning Commission. Staff is asking the Commission whether they want to table this matter again or deny the request. Motion by Commissioner Landy, seconded by Commissioner Stulberg, to deny Planning Case 95-31, Request for Sign Variances/Approval of Comprehensive Sign Plan to Allow Wall and Ground Signs that Exceed Sign Code. Requirements in Number and Size, 7709 42nd Avenue North, Autohaus of Minneapolis/Thomas Boettcher, Petitioner. Chairman Sonsin further stated that he felt the petitioners have not acted in good faith, have put up non-conforming signs and have not responded to staff for reasonable requests for information. He also stated that he would support denial of this request. Commissioner Cassen agreed with the Chairman. Commissioner Keefe questioned parts of the Sign Code and if a certain section was violated would the petitioner be prohibited from applying for any variances for 12 months. Chairman Sonsin responded that would be up to staff to determine this point. Ms. Bellefuil reported that Mr. Jeff Benzinger from AutoBody Plus did talk to the City Manager to ask if the ground sign lettering could be replaced, which approved by the City Manager. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Damiani, Svendsen None Underdahl, Oelkers This planning case will appear before City Council on June 10, 1996. COMMITTEE REPORTS Design & Review Item 4.1 Commissioner Cassen reported the Design & Review Committee met in May with Ambassador Good Samaritan Center. At this time there are no new planning cases for July. Codes & Standards Item 4.2 Chairman Sonsin stated that Codes & Standards met in May and will meet again on June 19. They will continue to work on the pawn shop issue and a couple of minor issues. Staff should determine if the setback requirement issue is something that the Codes & Standards Committee should be reviewing. Any major variances should be reviewed by the Planning Commission. Ms. Bellefuil stated that staff would ask Council if this is something that should be pursued. Commissioner Cassen added that she understands that the City does not have an ordinance requiring a turn-around area or loading berth for semi- trucks at nursing home facilities. This may be something that staff should review at not only nursing homes, but also for other large buildings similar New Hope Planning Commission - 7 - June 4, 1996 to this. She felt this should be a requirement because of the safety concerns. Chairman Sonsin suggested that staff check with Council to see if they want the Planning Commission to proceed on this matter. Commissioner Cassen wondered if the City would change the ordinance to require a turn-around area for trucks, could the Planning Commission request that petitioners change the turn-around area if they come to the City for a variance or other type of request. Chairman Sonsin replied that staff should check with the City Attorney to see if non-conforming items could be reopened. Commissioner Cassen added that there might be other types of buildings that do not allow for loading berths, but have large semi-truck deliveries and/or large garbage trucks/recycling trucks. Commissioner Svendsen expressed concern about the dumpsters on the north side of Midland Shopping Center and if anything could be done about this. Chairman Sonsin stated that this has been discussed several times during the last few years. Each time this condition was included the planning case was withdrawn. OLD BUSINESS Miscellaneous Issues Chairman Sonsin stated that there were some letters included in the packet from the City Attorney regarding the.open meeting law. This was discussed at the last Codes & Standards meeting. It is the opinion of the City Attorney that any time a quorum is present, five Commissioners, the meeting would be subject to the open meeting law. The City Attorney also felt that any time the Design & Review Committee meets with petitioners the meeting would be subject to the open meeting law regardless of the number of Commissioners present. A notice should be posted for the Design & Review Committee meetings. Chairman Sonsin added that citizens have the right to come to the meetings to listen, but they do not always have the right to address the Committee. The only time the citizens can address the Committee or Commission is during the public hearing. Chairman Sonsin reported that Commissioner Underdahl is stepping off of the Codes & Standards Committee until after November elections, so the Committee will remain with four Commissioners. Chairman Sonsin officially appointed Commissioner Svendsen to the Design & Review Committee and Commissioner Keefe to the Codes & Standards Committee. NEW BUSINESS The Planning Commission minutes were approved as written. ANNOUNCEMENT Ms. Bellefuil announced that there would probably not be a July Planning Commission meeting since there have been no new planning applications at this time. Staff will notify the Commissioners after the application deadline regarding the July meeting. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:49 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary New Hope Planning Commission - 8 - June 4, 1996 CITY oF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES August 6, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Stulberg, Landy, Underdahl, Sonsin, Cassen, Svendsen Oelkers, Damiani Kirk McDonald, Management Assistant, Sarah Bellefuil, Community Development Specialist, Steve Sondrall, City Attorney PUBLIC HEARING PC96-28 Item 2.1 Chairman Sonsin introduced for discussion Item 2.1, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of a Two-Car Garage Addition, 4057 Boone Avenue North, Doug Norwick, Petitioner. Ms. Bellefuil stated that this is a request for a one foot variance from the side yard setback requirement to allow for the construction of a 26' x 30' two-car garage. The property is located on a 9,375 square foot lot and the existing structure meets all setbacks. The proposed garage addition would meet front and rear yard setback requirements, but not the side yard setback requirement which is the reason for the variance request. The property is located on the west side of Boone Avenue and is surrounded by single family homes on the north, west and south and Gethsemane Cemetery is across the street. Currently, the petitioner has a one-car detached garage, and the petitioner desires to demolish the single- car garage and construct an attached two-car garage. The double-car garage would be located four feet from the north property tine, therefore, a one-foot variance from the five-foot side yard setback requirement is required. The property owners within 350' have been notified but no one has responded. Ms. Bellefuil continued saying that after analyzing the property, staff believes that there are a number of factors which warrant a variance including the following: 1) the construction of a two-car garage is compatible because all the surrounding homes have attached two-car garages; 2) the addition of the attached two-car garage will add value to the house and the surrounding neighborhood; 3) the variance will not impact the neighbors to the north because their garage is on the south part of the property, therefore the garages will be side-by-side; 4) variances for garages have been approved by the Planning Commission numerous times in the past. Pending public comment, staff recommends approval of the one-foot side yard setback variance to allow the addition of a new attached double garage, subject to the condition that the building materials and roof pitch match the existing structure. Mr. Doug Norwick, 4057 'Boone Avenue North, came to the podium to answer questions of the Commissioners. Mr. Norwick informed the Commissioners that the roof pitch has been changed in order to save a New Hope Planning Commission - I - August 6, 1996 window on the existing house. The new pitch would be 3.5/12 instead of 4/12. The existing pitch on the house is 4/12 and therefore the new garage pitch would not exactly match the house. Commissioner Landy asked the petitioner whether there would be a problem with the building materials matching the existing house and was informed that this would not be a problem. Commissioner Svendsen stated that after a review of the plans he did not see a reason for a one-foot variance. By making the inside entryway one foot shallower so there is a 20-foot width for the cars, the extension from the house would be 25 feet and, therefore, no variance would be needed. Commissioner Svendsen felt that there is no real hardship created by cutting the size back to 25 feet instead of 26 feet. Mr. Norwick stated he felt that a 26-foot garage would be a legitimate request. Commissioner Svendsen also questioned the plans that show a 40-foot extension to the rear. Mr. Norwick stated that the architect drew up the plans with the 40-foot extension and the petitioner later felt that would be too large and then decided on the 30-foot length. Commissioner Keefe questioned whether the existing structure meets all setbacks. Ms. Bellefuil replied that the existing detached garage and house meet the setbacks, but the new garage addition would not meet the setback on the side yard. Commissioner Keefe continued saying the current detached garage is five feet from the property line, and according to code, the garage should be ten feet from the property line. Ms. Bellefuil explained that the existing garage may have been built before setback requirements were incorporated into City code. The site survey is dated 1964. Chairman Sonsin clarified the variance request by saying that the garage would be 26' x 30' and a one-foot variance is needed on the north side because of the 26' width. The roof pitch would be 3.5/12. Commissioner Cassen stated she did not feel that this was a hardship situation. A hardship would be having only a single-car garage. A double- car garage would definitely add to the neighborhood and to the value of the home. The proposed garage is oversized. Another reason this would not be a hardship is that the lot is not unusually narrow or unusually shaped, which is why the Planning Commission has granted variances in the past. Typically a garage is 20' or 22' wide. Commissioner Cassen questioned the petitioner whether he would have a problem making the garage narrower. Mrs. Norwick commented that building materials are cut to even lengths (in two-foot intervals) and by making the garage one-foot narrower, they would still need to buy the 26-foot lengths. The other alternative would be to make the garage 24 feet, which would cut the side entry to four feet. Commissioner Cassen stated that the average hallway is about three or three and one/half feet wide. Mrs. Norwick replied that the area in question is intended to be a mud room and not just a hallway. Currently they enter directly into the kitchen or living room areas with no place to remove muddy shoes, etc. Mr. Norwick added that they felt the size was appropriate. The 26-foot addition allows for the extra square footage in that room. Mr. Howard Shapiro, 4056 Cavell Avenue, came forward from the audience with a concern regarding the hours of building construction during weekdays and weekends. He stated that the Planning Commission New Hope Planning Commission - 2 - August 6, 1996 MOTION Item 2.1 granted a variance ~o an~0~hgr.neighbor for driveway construction and the people working on that job started construction very early in the morning on weekdays and weekends. Mr. McDonald stated he believes that the construction hours are 7 a.m. to 9 p.m. and 9 a.m. to 9 p.m. on weekends. Mr. Sondrall added that the construction hours are regulated by code in the noise ordinance. Mr. Shapiro questioned the length of the project. Mr. Norwick stated that the total project would take approximately four weeks since they would be taking down the existing garage themselves. Chairman Sonsin instructed Mr. Shapiro that if there would be problems with noise to contact the Inspection's Department. Motion by Commissioner Landy, seconded by Commissioner Keefe, to approve Planning Case 96-28, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of a Two-Car Garage Addition, 4057 Boone Avenue North, Doug Norwick, Petitioner, subject to the following conditions: 1. Building materials to match existing structure. 2. ' Roof pitch to be 3.5/12. 3. Garage dimensions to be 26' wide by 30' long. Voting in favor: Keefe, Stulberg, Cassen Voting against: Svendsen Absent: Oelkers, Damiani Motion carried. Landy, Underdahl, Sonsin, This planning case will proceed to the City Council on August 12, 1996. PC 96-29 Item 2.2 Chairman Sonsin introduced for discussion Item 2.2, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of an Addition, 3532 Ensign Avenue North, Jonathan & Christy Arnoldy, Petitioner. Mr. McDonald stated that the petitioners, are requesting a variance from the side yard setback requirement to allow construction of a 12' x 13' addition and a 12' x 13' open porch/deck onto the rear of the existing residence. They are proposing to construct a master bedroom addition, which would be on the north side of the home. The addition would extend out 12 feet from the existing structure and would be 26 feet wide. The rear portion would contain an upper level porch and open deck with an open exposed roof. City code states that the side yard setback requirement is 10 feet for interior lots, with the exception that an attached garage can be located five feet from the property line. The proposed house addition would be located three feet from the side yard property line, therefore, a seven foot variance from the ten-foot setback requirement is being requested. This property is located on a l O0-foot deep lot with a 90-foot wide frontage on Ensign Avenue. The property is located on the east side of Ensign Avenue just south of the 36th Avenue intersection. The property is located in a Single Family Residential-Zoning District and is surrounded by single family homes. The new Kimball Subdivision is located to the east of the property. Mr. McDonald continued saying that the petitioner stated on the application that he would reside the entire house with maintenance-free siding, aluminum soffit and facia, and a new asphalt shingle roo~ would also be installed. The petitioners also stated on the application that New Hope Planning Commission - 3 - August 6, 1996 they feel the request should be granted so that they gain additional living space and to improve the aesthetics and appearance of the home. The petitioner met with the staff in a pre-application meeting, which is routine procedure now with the 60-day notification law. Property owners within 350 feet of the request were notified. The only comment received was a letter from the adjacent property owner to the north saying they were aware of the variance and have no objections. Mr. McDonald stated that the criteria for granting a variance were listed in the planning report. Staff indicated that there might be some justification for the variance to accommodate the expansion due to the shallowness of the lot. If the petitioner constructed an addition onto the rear, a variance would also be required because of the shallow lot. The use compatibility is maintained since many of the homes in the area have completed additions. The other requirements in the code for light and air, street congestion, and public safety are not in conflict with this request. Property values preservation is enhanced with the addition because it will not be too close to the adjacent home. There is a 90- foot distance between the existing house and the house to the north.' The only condition from staff's point-of-view is that, if approved, building materials and roof pitch should match the existing structure.' Mr. Jonathan Arnoldy, 3532 Ensign Avenue, came forward to answer questions of the Commissioners. Commissioner Stulberg directed the first question to the City Attorney by asking if there would be a problem in the future if the adjacent property ever sold and the new owner objected to the variance. The City Attorney responded that there would be no liability. Commissioner Stulberg asked about the length of the project from start to finish. Mr. Arnoldy stated that his contractor has explained that there is a three to four week wait for trusses, therefore the length of the project would be from four to six months long. The project would be started this summer. The petitioner would be doing all of the interior work and the contractor would be doing the exterior work, excavation, pulling the permit, roof, etc. Commissioner Svendsen commented that after looking at pictures of the property, a rear yard variance must already have been granted since that addition does not meet the rear yard requirements. He stated he has a concern with the seven-foot variance for a side yard, leaving only three feet to the property line. He continued saying that in this case there is a large amount of property between homes, but wondered what would happen if another petitioner came in and also wanted a large variance d leaving a minimum of distance between homes. The ordinances set the standards for the City and this variance, he feels, goes too far beyond what is reasonable. Commissioner Svendsen felt that there was no hardship presented by not adding on. After reviewing the planning report and the plans, it seems that the lilacs and other bushes on the side yard property line would have to be removed. Mr. Arnoldy stated that he planted these shrubs before the idea of an addition came along. This is a 1965 rambler with extremely poor closet space. The addition would provide for a large walk-in closet. They are also adding another shower with the three-quarter bathroom in the master bedroom. It may not be a hardship without the addition, however, it is a real enhancement to the City and to the neighborhood to add on to the home. Mr. Arnoldy also stated that he has put a large amount of money New Hope Planning Commission - 4 - August 6, 1996 into the house and that-the values of New Hope do not necessarily support it, but he feels that the addition will increase the value of the home to about $150,000 within a few years. He likes New Hope and would prefer to stay in the City. Mr. Arnoldy informed the Commissioners that he would be matching the roof lines, installing high- quality steel siding, and a new roof. The adjacent home is parallel to 36th Avenue and there is a large amount of distance between the rear of that home and the rear property line, so if that home owner wanted to add on to the back of the house, there would still be a large back yard. The petitioner continued saying that the addition would be a real enhancement to the neighborhood with the Kimball Addition $200,000+ homes behind his property. Commissioner Svendsen questioned where the air conditioner would be located. Mr. Arnoldy responded that the air conditioner would be moved to a. location under the deck where it would be hidden from view, yet accessible for service. The gas meter would be moved to the front and screened with a bush. The lilacs would be moved to another part of the property. The Japanese yews would be moved from the side to the front of the property. Commissioner Cassen asked staff if a variance has ever been granted to within three feet of the property line. Mr. McDonald stated this would need to be researched. Commissioner Cassen stressed that if this variance is granted a precedent will be set. A five foot variance would be better and she asked the petitioner if they would consider a lO-foot addition instead of 12 feet. Mr. Arnoldy pointed out that changing the plans by two feet would drastically change the bathroom to a half bath instead of a three-quarter bath and they would lose the shower. The proposed bathroom is approximately 8' x 6' so changing the footage by two feet would affect the floor plan a lot. Deleting two feet also affects the storage space capabilities of the home. Commissioner Cassen asked what the size of the master bedroom would be and was told it would be 16' x 13'. Commissioner Cassen suggested that if the addition would be cut back by two feet, the size of the bedroom would be 14' x 13' and the petitioners could still maintain the three-quarter bath and the walk-in closet.. Mr. Arnoldy stated that the pr.oject would be more worthwhile by leaving the size as is. Something else to consider is the limited storage space in the home. The mechanical area in the basement also takes up badly needed storage space. With the extra space in the home, he felt he would not need to construct a storage shed in the yard. Commissioner Cassen emphasized again the fact that the Commission would rather not set a precedent with such a large variance and the small side yard. Chairman Sonsin stated he had a concern with the large variance request. Variances of this sort do create a precedent that the Commission needs to live with when dealing with other requests. Mr. Arnoldy stated he can understand about creating precedents, however, he reiterated that there is a great deal of distance between his property and the adjacent property. The petitioner stated that it seemed to be worthwhile to pursue the project and construct a significant addition. In defense of the project, Mr. Arnoldy again stated that the distance to the adjacent home is so large and storage space is badly needed. Chairman Sonsin said he looked at both properties and could see that argument. Chairman Sonsin stated that if the variance would be granted, a precedent would then be set by creating a variance that runs seven feet into a ten-foot setback. Mr. Arnoldy asked why the code does not include a statement regarding the New Hope Planning Commission - 5 - August 6, 1996 MOTION Item 2.2 distance to an adjacent home. Chairman Sonsin asked the petitioner how he would feel if the Commission tabled this for one month so staff could research this issue to see if a variance this large has ever been granted. Mr. Arnoldy replied that he wants to move forward as quickly as possible to complete the project in a timely manner. Chairman Sonsin asked the petitioner to review the plans to see if the addition could be constructed so that the variance request would be four or five feet. A seven-foot variance is extreme in the eyes of the Commission. The Commission does not have a problem with rear yard variances. A front yard variance is rarely granted and a side yard variance of seven to ten feet is a big variance. Mr. Arnoldy asked for clarification if the addition should be 10~ x 13' which would be a five-foot variance. Chairman Sonsin stated that the Commission is viewing this from a precedent setting point-of-view and that they are not against the proposed addition. Commissioner Sonsin asked that staff check to see if a variance was needed for the porch on the rear of the house. Several of the Commissioners concurred with Chairman Sonsin. Commissioner Keefe wondered about the possibility of the adjacent neighbor replatting his property and selling part of it to Mr. Arnoldy. Motion by Commissioner Stulberg, seconded by Commissioner LandY, to table for one month Planning Case 96-29, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of an Addition, 3532 Ensign Avenue North, Jonathan & Christy Arnoldy, Petitioners. Voting in favor: Keefe, Stulberg, Cassen, Svendsen Voting against: None Absent: Oelkers, Damiani Motion carried. Landy, Underdahl Sonsin, Mr. Arnoldy wanted clarification on the procedure for next month and whether he needed to return with new plans and/or variance. Chairman Sonsin replied that staff would research previous variance requests of this size and whether or not the variance was granted or denied, and if so, under what conditions. The petitioner should also work with his architect and look at the plans to see if the size could be cut down to something the Commission can work with comfortably. Mr. Arnoldy asked if a five- foot variance has ever been approved. Chairman Sonsin stated that staff should research this first because he did not know for sure what has been done in the past. The petitioner should check with staff in a couple weeks to see what has been determined on past variances. Chairman Sonsin stated that after the Planning Commission moves this issue on to the City Council, the Council will make their own decision after reviewing the facts. CONSENT ITEMS Chairman Sonsin explained that there are four items on the Consent Agenda. These are all ordinances that the Codes & Standards Committee has been working on for several months. One public hearing will be held for all four ordinances. A separate discussion can be requested for each ordinance, if needed. Each ordinance would require a separate motion. After discussion of each ordinance the public hearing was closed. Motion New Hope Planning Commission - 6 - August 6, 1996 Case 96-21 Item 3.1 MOTION Item 3.1 was made by ~ Commissioner Landy, seconded by Commissioner Underdahl. Voting in favor: All. Motion carried. Chairman Sonsin introduced for discussion Item 3.1, An Ordinance Amending New Hope City Code Section 4.036(4)(h)(xv) Regulating Off- Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. Chairman Sonsin commented that some of the wording has been changed in this ordinance amendment. This began from the Lasky case where asphalt curbing was requested by the petitioner rather than concrete curbing. The precedent has been concrete curbing but this wording change formalizes the ordinance. Commissioner Cassen stated she understands why single family and two family is an exception for this ordinance, but wondered why townhouses and condos aren't required to have concrete curbing. Many times there are townhouses that have a legal description as condo so how does the City determine what the right definition is. What happens in the future if' townhouses are rehabbed or a new development is constructed. Concrete curbing would be required at these developments. Commissioner Cas~en suggested that townhouses not be exempted from the ordinance amendment. The City Attorney clarified that Commissioner Cassen wanted townhouses and condos to be required to install continuous concrete curbing. Commissioner Cassen confirmed this saying there is guest parking included at these developments. Many times townhouses are considered a condo because of the legal description. Mr. Sondrall stated that in New Hope the condos are mostly double units. Commissioner Underdahl stated that there are several townhouses just south of Bass Lake Road between Boone and Winnetka. Chairman Sonsin questioned the zoning of townhouses in the code and it was determined that townhouses are in the R-3 District, which, by definition, is something other than single family or two family homes. The City Attorney stated that R-3 uses are subject to this ordinance. The only Zoning Districts that are exempt are Single Family (R-l) and Two Family (R-2). If the use does not fit in either Single or Two Family Districts, then the use is not exempt. The City Attorney explained that the revision mainly involved commercial/ industrial uses and not any type of residential uses, however the wording could be changed to include R-3 uses as well. The Commissioners recommended that the wording be changed before a vote is taken on this ordinance. Chairman Sonsin suggested tabling this ordinance until the wording is changed and the Commission can review the revision. Mr. McDonald interjected that staff and Codes & Standards only studied the issue of concrete curbing at industrial/commercial sites and did not consider residential areas. Additional time would give staff time to identify the definition of townhouse, where the townhouses are located in the City, what type of curbing there is now, and provide more information to the Commission. Commissioner Cassen added that this ordinance would then apply to any new developments. Motion by Commissioner Landy, seconded by Commissioner Underdahl, to table for one month Planning Case 96-21, An Ordinance Amending New Hope Code Section 4.036(4)(h)(xv) Regulating Off-Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. New Hope Planning Commission - 7 - August 6, 1996 Voting in favor: Keefe, Stulberg, Cassen, Svendsen Voting against: None Absent: Oelkers, Damiani Motion carried. Landy, Underdahl Sonsin, Case 96-23 Item 3.2 MOTION Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, An Ordinance Amending New Hope City Code Section 3.463 by Permitting Wall Signs on Churches, Schools, Non-Profit Institutions and Governmental Buildings, City of New Hope, Petitioner. Chairman Sonsin stated that this ordinance deals with signage for the new Ice Arena addition and making the Ice Arena equivalent to similar buildings. Commissioner Underdahl questioned if a church could now put up a sign on the side of the building and this was confirmed. Commissioner Svendsen wondered if this ordinance gave preferential treatment to the City. The City Attorney responded that the ordinance was studied because of a request by the City, but it is applicable to all of the uses that are within the code. The need for the ordinance is in response to the desire of the City to put up a significantly large sign on the Ice Arena. Mr. McDonald added that as City projects are being initiated, staff is learning that City Code does not always specifically address City buildings. In 1992 when the City Hall remodeling project was being done, staff found that the City Code did not allow any ground signage for public buildings. At that time the code was amended to allow a 75 square foot ground sign for the City Hall because the Sign Code did not allow it, yet the Code allows signage for all other commercial or industrial businesses in the City. In 1995 the Wall Sign Code was amended for the bowling alley because they wanted to put up a large wall sign and the Sign Code said that a business could have two 100 square foot front wall signs but did not allow the business to combine the signs into one sign. At that time the ordinance was amended to allow for one 250 square foot wall sign. Staff did not realize until the Ice Arena project that the Sign Code does not address or allow for any wall signs on public recreational buildings. The City should be allowed the same type of signage as any other single occupancy business. Chairman Sonsin concurred with staff. Motion by Commissioner Stulberg, seconded by Commissioner Landy, to approve Planning Case 96-23, An Ordinance Amending New Hope Code Section 3.463 by Permitting Wall Signs on Churches, Schools, Non-Profit Institutions and Governmental Buildings, City of New Hope, Petitioner. Voting in favor: Keefe, Stulberg, Cassen, Svendsen Voting against: None Absent: Oelkers, Damiani Motion carried. Landy, Underdahl, Sonsin, This Planning Case will proceed to the City Council on August 12, 1996. Case 96-25 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3, An Ordinance Amending New Hope City Code Section 4.125(2)(d) Regulating Food Handling Licenses as Subordinate Uses for Automobile Service Stations, New Hope Planning Commission - 8 - August 6, 1996 MOTION Item 3.3 City of New Hope, PetitiOner. Chairman Sonsin stated that this ordinance amendment was requested by the City Council after they passed the enabling ordinance to get the code in compliance with past action. This is basically a language change in the ordinance. Commissioner Underdahl wondered if this in relation to the SuperAmerica with the deli bar. Chairman Sonsin stated that this refers to any establishment that sells food to be taken out or heated on the premises. Mr. Sondrall added that this is in response to a request from staff to clarify definitions pertaining to what licenses should apply to which uses. Motion by Commissioner Landy, seconded by Commissioner Stulberg, to approve Planning Case 96-23, An Ordinance Amending New Hope Code Section 3.463 by Permitting Wall Signs on Churches, Schools, Non-Profit Institutions and Governmental Buildings, City of New Hope, Petitioner. Voting in favor: Keefe, Stulberg, Cassen, Svendsen Voting against: None Absent: Oelkers, Damiani Motion carried. Landy, Underdahl, Sonsin, This Planning Case will proceed to the City Council on August 12, 1996. Case 96-06 Item 3.4 Chairman Sonsin introduced for discussion Item 3.4 An Ordinance Amending New Hope City Code Section 4.036(10)(z) Regulating Parking Requirements for Shopping Centers, City of New Hope, Petitioner. Chairman Sonsin explained that this ordinance amendment is to simplify parking requirements for shopping centers. Commissioner Underdahl wondered if there will be less blacktop around shopping centers with this change. Chairman Sonsin explained that the ordinance is simplified. The ordinance now requires six spaces per 1,000 square feet of area. Mr. McDonald added that during the Lasky development discussions there was some concern among staff as to whether it was a shopping center or not. If it would be defined as a shopping center, then it had to be processed as a PUD. The discussion consisted of how many stores were considered a shopping center. The Planner studied the issue and reported that the Lasky development would be a shopping center and had to be processed as a PUD, therefore Codes & Standards studied the parking requirements to see if the ordinance should be changed. The decision was that it should not be changed. If the shopping center parking requirements are applied to the small developments, the Lasky development would have been required to provide 117 spaces. Chairman Sonsin stated that the change would reduce the amount of parking area required. The change is for 6 spaces for every 1,000 square feet instead of 10 spaces for the first 20,000 square feet an additional 8 for the next 10,000 square feet and then 6 spaces for any footage over 30,000 square feet. A developer can provide more if they want. Commissioner Underdahl questioned if the City could require more spaces. Mr. Sondrall stated that the City could not require more spaces without legislating a different ordinance into effect. Commissioner Svendsen clarified that this has nothing to do with the New Hope Planning Commission - 9 - August 6, 1996 MOTION Item 3.4 COMMITTEE REPORTS Design & Review Item 4.1 handicap parking requirements. Commissioner Cassen stated that there is a definite shortage of parking at the New Hope City Center where the health club is located and wondered what ratio of parking was applied to that center since there is a shortage of space. Mr. McDonald reported that six spaces are required for over 30,000 square feet. Mr. Sondrall explained that there were some other issues that were dealt with that concerned those two separate shopping centers and the mixed uses in the centers. The health club is a use that does generate a lot of parking at certain times during the day. If the Planning Commission felt that a commercial recreational facility in a B-4 Zoning District required a need for more parking than what this ordinance would provide, this issue should be referred back to staff or the Planner to study. Mr. McDonald pointed out that this ordinance does not reduce the amount of parking required for large shopping centers. Commissioner Cassen stated that her concern was that this is not enough, however a health club is a unique situation. The City should not put such limitations on parking which would create more problems. Mr. Sondrall stated that the direction has been to require less parking because the thought is that the parking standards have been too strict and thus preventing new developments from coming into the City. Chairman Sonsin reminded the Commission that several years ago the parking space width was reduced, which allowed for more spaces to be provided in the same amount of space. Motion by Commissioner Keefe, seconded by Commissioner Svendsen, to approve Planning Case 96-06, An Ordinance Amending New Hope Code Section 4.036(10)(z) Regulating Parking Requirements for Shopping Centers, City of New Hope, Petitioner. Voting in favor: Keefe, Stulberg, Cassen, Svendsen Voting against: None Absent: Oelkers, Damiani Motion carried. Landy, Underdahl, Sonsin, This Planning Case will proceed to the City Council on August 12, 1996. Commissioner Cassen reported the Design & Review Committee did not meet in June or July. Mr. McDonald reported that September applications are due on August 9. There is a possibility of a new plan being submitted for the Hoyt property for one building and a large expansion on the Archives building south of 36th and Nevada Avenues. Chairman Sonsin asked about the Tasks Unlimited project. Ms. Bellefuil replied that there is a twin home located on 36th and Independence Avenues. Tasks Unlimited would purchase the property for a group home. The Council approved the purchase and Northwest Hennepin Human Services (CHDO) also would have to approve the funding for the project. The City is not involved with the project other than to give a loan to Tasks Unlimited which they would have to pay back. Mr. McDonald added that this is a permitted use. Mr. McDonald added that there is also one minor variance for a garage addition on the September agenda. New Hope Planning Commission - 10 - August 6, 1996 Codes & Standards Item 4.2 OLD BUSINESS Miscellaneous Issues Chairman Sonsin stated that Codes & Standards met in June and July and will meet again on August 28. They continued to work on the pawn shop issue and met with a member of the Minneapolis Police Department to discuss the Automated Pawn System, The intent of the Committee is to wrap up their work in the next month or two and bring the information to the Planning Commission for discussion and some action, The Automated System will be ready sometime during or shortly after the first quarter of 1997 and the Council would not want to move ahead with this until the APS is ready for use. The Committee is also reviewing accessory buildings and setbacks. Commissioner Svendsen wondered if there is a sunset time for the Planning Commission meetings, Mr. Sondrall stated that the Chairman controls the meeting, The Council has a policy that says they will not meet beyond 11 p,m. The Commission would need to be reasonable and allow for public discussion otherwise the public hearing becomes meaningless, There can be a limit to the amount of time each person would address the Commission. Commissioner Svendsen stated he talked to a member of the Moundsview Planning Commission and they set up a time limit of 10:30 p.m. where they would move to adjourn the meeting and by election of all the Commissioners then hold a special meeting to continue, NEW BUSINESS ANNOUNCEMENT ADJOURNMENT The Planning Commission minutes were approved as written. There were no other announcements The Planning Commission meeting was unanimously adjourned at 8:15 p.m, Respectfully submitted, Pamela Sylvester, Recording Secretary New Hope Planning Commission - 11 - August 6, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES September 3, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Stulberg, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani Svendsen None Kirk McDonald, Management Assistant, Sarah Bellefuil, Community Development Specialist CONSENT ITEMS There were no consent items presented. PUBLIC HEARING PC96-29 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of an Addition, 3532 Ensign Avenue North, Jonathan & Christy Arnoldy, Petitioners. Chairman Sonsin asked for a motion to remove this item from last month's action to table. Motion by Commissioner Landy, seconded by Commissioner Svendsen to remove from table. All in favor. Motion carried. Mr. McDonald reported that at the August Planning Commission meeting the petitioners requested a variance from the side yard setback requirement to allow the construction of a 12' x 13' addition and a 12' x 13' open porch/deck onto the existing house. They were proposing to construct a master bedroom addition to the north. The addition would have extended 12 feet out from the existing structure and would have been 26 feet wide. The side yard setback requirement in a Single Family Residential Zoning District is 10 feet, therefore, the addition would have come within three feet of the side yard property line and a seven-foot variance would have been needed. The Planning Commission discussed this case at length at the August meeting and the majority of the Commissioners did not favor granting the original request. The request was tabled until the September meeting and three actions were requested by the Commission. First, staff was to research past variances to determine if a seven-foot variance from the side yard setback requirement had ever been granted. Second, the Commission asked that the petitioner consider revising the plans for the addition by several feet so that such a large variance was not necessary. Third, staff was to research the deck/porch addition in the rear yard. Staff completed the research on variances back to 1980 and found that the largest variance ever granted for a house addition where there was a 10-foot side yard setback was five feet, which was granted in 1985. There have been other variances for rear yard additions, garage additions on the side yard, or for non- conforming houses on a corner lot. Specifically for a situation like this with a lO-foot side yard setback for a house addition, the largest variance ever granted was five feet. This information was sent to Mr. Arnoldy and Chairman Sonsin and staff recommended that Mr. Arnoldy strongly consider revising the plans because staff felt that the Commission would New Hope Planning Commission - 1 - September 3, 1996 not recommend approval of the original request. Mr. McDonald stated that the petitioner met with staff and submitted a revised site plan, floor plan, cross sections, and new elevation photos, which showed a two-foot reduction in the width of the addition from the original request. The revised plans show a 10-foot wide addition, which would encroach five feet into the side yard setback requirement at the closest point on the northwest corner. The northeast corner of the addition would be about 7,5 feet to the property line. Mr. Arnoldy can explain the floor plan to the Commission. Staff was mainly concerned with the outside dimensions of the house and the encroachment into the setback. Staff felt that the petitioner has done a good job revising the plans and followed the recommendations of the Commission and staff. The petitioner also submitted a letter stating that the entire home and addition would be re-sided with new high quality steel siding and a new asphalt shingle roof would be installed on the existing home. The existing windows in the house would be reused in the addition and the building materials of the addition would exactly match the existing structure. Mr. McDonald continued explaining that staff researched the porch issue and found that the house was built in 1965. In 1986 the former owner applied for a building permit to construct the elevated deck in the rear yard. At that time the former owner submitted a site plan that was inaccurate. Staff reminded the Commission that decks are allowed as encroachments in rear yard setback areas. The building permit was allowed for the elevated deck. The home was then sold in 1990. In 1991 Mr. Arnoldy applied for a building permit using the same site plan and applied for a permit to enclose the deck and construct the porch. The Zoning Code states that when decks become enclosed they are considered part of the structure and are then supposed to meet the setback requirements. Since the building plan and site plan had already been approved, the lnspection's Department approved the permit. There was probably an error on the part of the City as well as the former owner. Staff discussed this matter with the City Attorney and it was determined that no action by the Planning Commission was necessary on this particular issue. It would be considered a legal non-conforming use. The Building Official would need to be more careful checking lot sizes and setbacks in the future. In order to have everything perfect, each homeowner would need to have a certified survey of their property when applying for a variance. In place of the survey, a site plan has been used for many years, which is not always 100 percent accurate. Mr. Jonathan Arnoldy, 3532 Ensign Avenue North, came to the podium to answer questions of the Commission. Mr. Arnoldy stated that at the last meeting it was brought to his attention that the Commission did not want to set a precedent by approving a seven-foot variance and he was told to modify the plans somewhat. Mr. Arnoldy explained that the addition was reduced by two feet so the variance requested now would be five feet at the closest point to the property line. By requesting a five-foot variance, there would be no new precedent set since this was done in the past. Mr. Arnoldy called attention to the signed letter that was submitted with the planning report from the adjacent neighbor pointing out the great distance between the two homes, He stated that on the north side of the home where the addition would be constructed there are the lilac bushes, pine trees and maple tree which offer a buffer between the two homes. Mr. Arnoldy reiterated that the building materials of the addition would be all steel siding. All building materials would match the existing structure. There are no changes in the windows since the windows from the New Hope Planning Commission - 2 - September 3, 1996 eXiSting structu~b ~ill b~i~e~§ed in the new addition. The ,roof line will remain the same. A lot of thought and care went into planning for this addition so it would not look like an addition, but rather a part of the house. Commissioner Stulberg commented that the petitioner has done a great job revising the plans to meet the recommendations of the Commission and had no further questions. Commissioner Oelkers wondered what would be done under the deck. Mr. Arnoldy answered that there would be rock under the deck and landscaping. The existing rock would be moved. There would be a full basement under the bedroom. The air conditioner unit would be moved under the deck and out of site. Chairman Sonsin stated he was impressed with the plan and his concerns with the size of the variance have been resolved with the reduction to a five-foot variance. He explained again his concern from the previous month and not wanting to set a precedent with the seven-foot variance. Chairman Sonsin added his appreciation with the petitioner's willingness to work with the Commission on this issue. MOTION Item 3.1 Motion by Commissioner Stulberg, seconded by Commissioner Svendsen, to approve Planning Case 96-29, Request for a Variance from the Side Yard Setback Requirement to Allow Construction of a 10-foot Wide Addition, 3532 Ensign Avenue North, Jonathan & Christy Arnoldy, Petitioners. 1. Building materials and roof pitch to match existing structure. Commissioner Oelkers questioned staff whether there is a utility easement in the side yard setback. Mr. McDonald responded that the easement is five feet on each side of the property line. Commissioner Oelkers wondered why the City does not require an "As Built Survey" from each petitioner as that would eliminate any error on the City's part or the petitioner's part. Several other cities in the area do require the survey as part of the application process. Chairman Sonsin and Commissioner Cassen confirmed this was a good point. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Underdahl Cassen, Oelkers, Damiani, Svendsen None None Sonsin, This planning case will proceed to the City Council on September 9, 1996. PC 96-30 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2, Request for a Variance from the Rear Yard Setback Requirement to Allow Construction of a Garage Addition, 7251 40m Avenue North, Richard & Patricia Bruins, Petitioners. Ms. Bellefuil reported that this request is for a 10-foot variance from the rear yard setback for the construction of a garage addition. The petitioner currently has an attached single car garage on the east side of the house and would like to construct a 12' x 22.8' addition that would expand the existing garage into an attached double garage. The addition would be located 25 feet from the rear yard property line, which is the reason for the lO-foot variance. The property is in a R-1 Residential District and is New Hope Planning Commission - 3 ~ September 3, 1996 surrounded by single family residential properties. The lot is 77.5 feet on the front and 117.5 feet in depth. The house was built perpendicular to the front lot line and the front door faces the side yard along 40th Avenue. If the addition were to be built in the side yard, only a five-foot setback would be needed, but since the addition would be built in the rear 35-foot setback, a lO-foot variance is required. Ms. Bellefuil continued saying that after analyzing the variance request, staff found that undue hardship can be argued because the lot is undersized and the fact that the house faces the wrong way, which is out of the control of the current owners. In addition, the garage addition would not alter the character of the house. Most of the houses in the area already have two-car garages. The home to the east was also built facing north with the garage adjacent to the petitioner's garage. The two garages would be 50 feet apart once the addition is built. No other options are available for this property for a garage addition Ms. Beilefuil explained that the Planning Commission and City Council approved a variance on this property in 1984 for a porch which is eight feet from the side yard property line. Pending comment from neighbors, staff recommends approval of the lO-foot rear yard setback variance subject to the condition that exterior building materials match the existing structure. Mr. & Mrs. Richard Bruins, 7251 40m Avenue, came to the podium to answer questions from the Commission. Commissioner Keefe questioned staff whether the house on the east is spaced appropriately from the side yard. Ms. Bellefuil replied that since the houses would be 50 feet apart after the addition that the adjacent house would probably be encroaching into their rear yard setback also. Commissioner Keefe asked whether the driveway would be enlarged to service the double garage. Mr. Bruins responded that the driveway is a single entry from the street and expands out near the garage to double size and that the curb cut onto the street would not be enlarged. Mrs. Bruins added that the existing structure has cedar shake siding and everything will be replaced with vinyl siding and the home will be re- roofed. Commissioner Keefe inquired if the garage doors would match and it was confirmed the doors would match. Commissioner Svendsen commented on the actual front of the property being different than the address, which is 40th Avenue. Mr. McDonald explained that the Zoning Code defines the front yard as the portion of the lot with the narrowest width. Chairman Sonsin pointed out that this issue was studied several years ago, and since there are so many non- conforming houses on corner lots, staff and the Commission decided to leave this ordinance as it was. MOTION Item 3.2 Motion by Commissioner Keefe, seconded by Commissioner Landy, to approve Planning Case 96-30, Request for a Variance from the Rear Yard Setback Requirement to Allow Construction of a Garage Addition, 7251 40th Avenue North, Richard & Patricia Bruins, Petitioners. 1. Exterior construction materials of addition to match existing structure. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Underdahl Cassen, Oelkers, Damiani, Svendsen None None Sonsin, New Hope Planning Commission 4 September 3, 1996 Case 96-21 Item 3.3 MOTION Item 3.3 This planning case: Will PrOceed to the City Council on September 9, 1996. Chairman Sonsin introduced for discussion Item 3.3, An Ordinance Amending New Hope City Code Section 4.036(4)(h)(xv) Regulating Off- Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. Chairman Sonsin reported that this issue was considered last month. Commissioner Cassen raised the question whether townhomes and condominiums should be included or not. The planning case was referred back to staff and staff requested tabling this issue for another month for further study. Mr. McDonald interjected he wanted the Commission to be certain of what would be voted on. Staff would like further study by the Planning Consultant regarding the size of the complex, guest parking areas, etc. Motion by Commissioner Landy, seconded by Commissioner Underdahl, to table for one month Planning Case 96-21, An Ordinance Amending New Hope Code Section 4.036(4)(h)(xv) Regulating Off-Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. Commissioner Cassen expressed that she would like to see apartment buildings included in the study and to be sure the study is complete so these issues do not come up again. Chairman Sonsin suggested that this issue be reviewed by Codes & Standards before being presented to the Planning Commission. Commissioner Cassen added that staff should be sure to include all commercial/industrial developments, multiple dwelling units, including twin homes if they are within an association, and other townhomes if they are within an association. Twin homes by themselves would not need to be included. Voting in favor: Keefe, Stulberg, Landy, Underdahl Cassen, Oelkers, Damiani, Svendsen Voting against: None Absent: None Motion carried. Sonsin, COMMITTEE REPORTS Design & Review Item 4.1 Codes & Standards Item 4.2 Commissioner Cassen reported the Design & Review Committee did not meet in August. Mr. McDonald stated that the deadline for planning appliqations for October is the end of the week. There is a possibility of a new one-building proposal on the Hoyt property and St. Therese Nursing Home site improvements. St. Therese bought the duplex to the north and a rezoning and a site and building plan review would be required to expand the parking lot. The property from the first duplex St. Therese bought was never rezoned so the additional properties would now be rezoned to make the entire property consistent with the R-4 zoning. Chairman Sonsin stated that Codes & Standards met in August and most of the meeting was devoted to pawn shops. The next meeting is scheduled for September 25 to continue pawn shop discussion and a few other issues. New Hope Planning Commission -5- September 3, 1996 OLD BUSINESS Miscellaneous Issues There was no discussion on miscellaneous issues. Chairman Sonsin reported that construction had begun at the Mobil Station on 36~ Avenue. Mr. McDonald stated that there was a noise violation reported by a citizen because construction crews started working long before 6 a.m. The Police Department responded and the issue was resolved Commissioner Underdahl wondered about the acquisition of the homes at Sumter and Bass Lake Road and if all of th® homes would be demolished and the sites left vacant. She also wondered if there was any time frame for the acquisition of the homes. Mr. McDonald responded that the homes are being acquired on a voluntary basis only. The last home purchased was in poor condition and would be a key property for future redevelopment of the area. All of the properties would be seeded and maintained by the City. Commissioner Cassen added that by purchasing the properties on a voluntary sale basis, the City would not be responsible for relocation costs for the sellers. NEW BUSINESS The Planning Commission minutes were approved as written. The October agenda could include the Hoyt expansion, St. Therese, a variance for a house addition on a cul-de-sac lot, the perimeter curb ordinance, and pawn shop discussion. ANNOUNCEMENT Chairman Sonsin asked staff to distribute the Pawn Shop Notebooks to the balance of the Planning Commissioners along with updates for the Codes & Standards Committee members. Chairman Sonsin explained that the proposed ordinance would be found in Section 9 of the notebook. The desire of the Codes & Standards Committee would be to have an informal discussion in October with the full Commission and a formal public hearing in November. Council would then have time to review this issue before the moratorium expires in March 1997. If Commissioners have questions or comments regarding the materials in the notebook, calls could be directed to Mr. McDonald or any of the members of Codes & Standards Committee. Any changes or recommendations from the Commission could then be reviewed at the Codes & Standards meeting at the end of September. Chairman Sonsin pointed out that the November Planning Commission meeting date of Monday, November 4, was established before knowing that two Commissioners would be running for office in the November elections. It is the desire of the Chair to have a full Commission and in respect of the Commissioners running for office, a suggestion was made to hold the Planning Commission meeting on Wednesday, November 6. It was the consensus of the Commission to change the date of the meeting to Wednesday, November 6, which would follow instead of precede the November 5 General Election. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:35 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary New Hope Planning Commission - 6 - September 3, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES October 1, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen Underdahl, Oelkers, Damiani Kirk McDonald, Management Assistant, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant, Mark Hanson, City Engineer CONSENT ITEMS There were no consent items presented. PUBLIC HEARING PC96-34 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for a Variance from the Rear Yard Setback Requirement to Allow Expansion of an Existing Screened Porch to a Four-Season Porch, 3809 Xylon Avenue North, Michael & Pamela Terres, Petitioners. Mr. McDonald reported the petitioners are requesting a variance from the rear yard setback requirement to allow the expansion of an existing screened porch to a four-season porch. This case also involves a variance to expand a non-conforming use. The property is located in an R-1 Zoning District and is surrounded by single family homes on the north, east and south. The rear yard of the property, where the variance is being requested, abuts up to Northwood Park. The property is located on a 9,500 square foot lot on the west side of the cul-de-sac where Xylon Avenue and 38~ Avenue intersect. Mr. McDonald explained that the petitioners are proposing to expand the existing 10' x 13', 130 square foot, screened porch, located at the southwest corner of the home, and convert it into a 20' x 21', 420 square foot, four-season, main level porch. City code states that the rear yard setback requirement is 35 feet. The proposed porch expansion would be located 11 feet from the rear yard property line at the closest point, therefore a 24-foot variance from the 35-foot setback requirement is being requested. The existing home was constructed on this oddly shaped cul-de-sac lot in 1962. The existing home does not meet the 35-foot setback requirement, because the existing porch is located 21 feet from the rear yard property line. The petitioner stated on the application that the request is due to the shallow lot and the fact that they want to invest in the home and upgrade the current living spaces. Mr. McDonald pointed out that the criteria for granting a variance was explained in the planning report. There needs to be an undue hardship that prevents the reasonable use of the property, where circumstances are unique to the property, and a hardship may exist by reason of narrowness, shallowness, or shape of the property. City staff found that there are several criteria in the code that may be met with this request. Undue hardship could pertain because the lot is very shallow. The original home and lot were approved by the City when the property was platted. The lot is only 83 feet deep at the center and therefore nearly impossible Planning Commission Meeting I October 1, 1996 to build any home that complied with all the zoning setbacks. Use compatibility is maintained with the request since many of the homes in the area have porches of this type. No expansion or investment is really possible without a variance somewhere on the property. Property values preservation is met because the porch expansion would not alter the essential character of the neighborhood. Mr. McDonald added that the petitioner had submitted the details on the porch addition. The porch would be sided with 12-foot masonite lap siding to match the existing structure. Shingles would be light gray asphalt and would match the existing structure. Quality Anderson type windows and doors would be installed in the porch. The planned roof pitch would change at the bearing wall that separates the garage from the expansion. The interior ceiling would be vaulted at the same pitch as the roof. The one concern that the Building Official noted was the inconsistent roof styles. He feels that a more attractive roof connection would be a matching slope gable roof. Currently the existing roof has a 4:12 pitch and the proposed roof has a 2.4:12 pitch. Staff is recommending approval of the variance with the conditions that the building materials of addition match existing structure and petitioner cooperate with the Planning Commission and staff and consider an upgrade in the roof design that would match the house more appropriately. Mr. Michael Terres, 3809 Xylon Avenue, approached the podium. Commissioner Landy commented that his concern was not so much the variance request because of the odd shape of the lot, but rather the roof and asked the petitioner to expand on that and his conversations with the Building Official. Mr. Terres replied that he had talked with a structural engineer about some other ideas. An alternate design could be implemented to keep the pitch as it is and just raise it up and move the center peak further to the west. The petitioner stated he is agreeable to this change. Commissioner Cassen agreed that the variance request would be acceptable because of the odd lot shape and the rear yard abutting a park. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Stulberg, to approve Planning Case 96-34, Request for a Variance from the Rear Yard Setback Requirement to Allow Expansion of an Existing Screened Porch to a Four-Season Porch, 3809 Xylon Avenue North, Michael & Pamela Tetras, Petitioners. Building materials and roof pitch to match existing structure. Petitioner consider an upgrade in the roof design and meet with the Building Official to fine tune a more conventional and attractive roof line. Mr. McDonald advised the petitioner to submit a revised plan before the Council meeting on October 14. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996. PC 96-33 Chairman Sonsin introduced for discussion Item 3.2, Request for Rezoning Item 3.2 From R-2 (Single and Two Family Residential) Zoning District to R-4 (High Planning Commission Meeting 2 October 1, 1996 Density Residenti~i) zoning 5istrict and' Site/Building Plan 5801/5803 and andReview/Approval for Parking Lot Expansion at 5801/5803 & and and 5805/5807 Winnetka Avenue North, and 8000 Bass Lake Road, St. Therese Home of New Hope, Petitioner. Mr. Alan Brixius, Planning Consultant, stated that the property in question is located north of Bass Lake Road, just north of St. Therese's existing parking lots. The proposal is for the acquisition of a twin home lot, which would be converted into an expanded parking lot that would net an additional 19 spaces. St. Therese also owns a twin home lot just south of the newest acquisition. As part of the application, St. Therese is proposing to combine all of the property into one parcel and rezone the entire property. The subject property is currently zoned R-4, Multiple Family. The site abuts an R-2 area. The site in question is also zoned R-2. The first application for consideration would be for rezoning. The criteria that is established in New Hope's history for considering any change in zoning has to meet one of two questions. First, was the request a result of a past zoning mistake. The mere existence of the twin home on the lot was consistent with the R-2 zoning, therefore no mistake was originally made in establishing the original zoning. Secondly, has the character of the area changed to warrant consideration of a zoning change. In this respect, staff feels that St. Therese is an on-going vital land use in this area of New Hope. Any expansion and on-going maintenance to insure the continued operation and function is appropriate for the area. It is staff's opinion that, due to the influence of this multiple family use, the character of the area has changed with the use of St. Therese and the need for additional parking. The Planner recommended to the Planning Commission to make the same finding. In addition, the Planner emphasized that the proposed expansion and maintenance of St. Therese is consistent with the Comprehensive Plan and the Housing Plan that New Hope recently adopted with regard to providing a full variety of housing, providing sufficient levels of accessory uses to service the facility, such as parking, the need to provide safe and adequate access to the site. Mr. Brixius explained that this acquisition was an intrusion on the R-2 area. In respect staff met with St. Therese and asked for certain concessions in site design to insure that compatibility would occur. The original plan proposed a five-foot setback on the northeast property line. At the request of staff, this setback has been increased from five feet to 13 feet, a 48-inch fence is being proposed and a row of 7-foot conifer trees are also being proposed in this area. The Planner pointed out that St. Therese gave specific attention to maintaining the compatibility of this use in relationship to the remaining twin home to the north. This area would be used exclusively for parking and not an expansion of the building, therefore the use still maintains a significant setback. In considering the rezoning, the individual lots that have been acquired do not meet the 15,000 R-4 or R-5 zoning standard. Staff is strongly recommending and is agreeable to St. Therese replatting all of the lots into one parcel, which would include all of the land that St. Therese owns. The proposed use will not overburden existing facilities. This would be a parking lot and the change in use would lessen the actual land use on site. Traffic generation is within the capability of streets. One curb cut would be eliminated and the traffic would be circulated through another curb cut and will reduce some congestion by providing additional on-street parking. The internal on-site circulation will function better. Mr. Brixius stated that the request was for R-4 zoning was consistent with current zoning on the site. Upon examination of the use of St. Planning Commission Meeting 3 October 1, 1996 Therese as a nursing home and elderly housing, the R-5, Senior Citizen Housing, would be more in tune with the housing provided by St. Therese. Therefore, it is staff's recommendation that instead of expanding the R-4, Multiple Family, the entire St. Therese site plus the two additional lots to the north should be rezoned to R-5, to be more restrictive. Mr. Brixius continued saying the second application requested was for site plan review for expansion of the parking lot to add an additional 19 spaces. The Design & Review Committee met with the petitioner and raised several points and St. Therese has addressed each point as requested. First they increased the setback on the north property line from five feet to 13 feet and are providing a 48 inch board-on-board fence. The landscape plan illustrated a provision for seven-foot high white spruce trees along the north property line. Staff feels that St. Therese has provided adequate screening of the parking lot area between the trees/ landscaping and the fence. State statute requires a specified number of handicap parking stalls, 1:25 parking stall ratio and St. Therese would be providing 10 handicap stalls and a total of 243 stalls. There was concern over the storm sewer discharge at the northwest corner of the property. A retaining wall would be replaced and the storm sewer extended. It would be connected into an existing storm sewer pipe, per staff requirements, to eliminate some of the overland drainage. Site lighting has been provided with information as far as lighting patterns and illumination patterns. The Building Official has verified that this meets the City's requirements of less than one foot candle at the property line. The current curb cut onto Winnetka that currently serves the twin home would be eliminated and it would be replaced with proper curbing along Winnetka. The previous site plan showed the drive aisle between the northern parking stalls and the east/west parking stalls was at 22.5 feet. The petitioner has eliminated a curb barrier at that location to provide the proper 24 foot distance. A fence detail was provided. The petitioner has agreed to platting the property. This would be a subsequent application. Mr. Brixius added that Design & Review requested additional plantings along Winnetka and this has been provided. In the original landscape plan there were several trees planted right on the property line, which have now been moved back two feet from the property line per the request of the Design & Review Committee. In conclusion, Mr. Brixius stated that the proposed zoning was consistent with the Comprehensive Plan and compatible with the area. With the approval of the rezoning, staff recommends approval of the site plan. The petitioners have fulfilled the requests of the Design & Review Committee. Chairman Sonsin wondered which request should be approved first and if there would be a need to approve the site plan if rezoning did not take place. The Planner suggested rezoning the property regardless of how it would be used. Mr. Mark Hanson, City Engineer, came forward to explain the drainage and storm sewer plans. The existing parking lot collects all the storm water and discharges it into an existing catch basin through a pipe. It then overlands along the golf course/property line to an existing 30-inch storm sewer. This 30-inch storm sewer is a significant storm sewer in that it provides drainage for all of the golf course. With the parking lot expansion, all the drainage will continue north/ northwest and then collect in the northwest corner with the slope coming back towards the golf course. St. Therese has abandoned the existing Planning Commission Meeting 4 October 1, 1996 storm sewer sd ther~ Would not be any discharge of storm water along the golf course/property line to the 30-inch pipe. A new catch basin would be built to collect the water from the existing lot and the new lot which would discharge directly into the storm sewer. There would not be any overland drainage along the common golf course/property lot line. Another item of concern was the retaining wall on the northwest side of the property. The retaining wall is there because the grade difference in that area was relatively steep, Staff asked the petitioners to remove the retaining wall, extend the storm sewer pipe approximately 18 feet, reconnect the existing flared end and provide a gentle slope over the pipe, thereby eliminating the wall. This has been accomplished. An easement over the 30-inch pipe, which is a public storm sewer, is shown on the plan. The storm sewer that connects to it would be private and St Therese's responsibility. At this time there is no record of an easement over the pipe and this would be secured in addition to the other construction that has been requested. Through the platting process it is staff's hope to resolve and improve a wet area on the golf course adjacent to Fairway No. 2 where storm water is accepted from the St. Therese site. Mr. Dan Swedberg, principal architect with HGA Architects, came forward to answer questions of the Commission. Commissioner Cassen expressed her pleasure in working with all the people involved from St. Therese and commended them on the good job in the changes that were made. She added that by working together the changes to the plans were made in a timely manner. Commissioner Cassen stated that she would be in favor of the R-5 zoning since it would offer a more exact definition of the use of the property rather than using the R-4 zoning. Commissioner Cassen stated she would be in favor of platting all of the properties into one parcel. Commissioner Svendsen commended the petitioner on the good job done in revising the plans and stated it was a pleasure to work with them. Mr. Swedberg voiced his appreciation in working with City staff and how quick this request has moved along. Sr. Bernice, CEO and president of St. Therese, also thanked City staff for working with them and all of the help offered. The City Attorney suggested using two separate motions, one for rezoning and one for the site/building plan review/approval. There should not be any conditions attached to the motion for the rezoning. The conditions in the planning report should be attached to the site plan review. MOTION Item 3.2 Motion by Commissioner Cassen, seconded by Commissioner Landy, to approve Request for Rezoning to R-5 (Senior/Disabled Residential) Zoning at 5801/5803 & 5805/5807 Winnetka Avenue North, and 8000 Bass Lake Road, St. Therese Home of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996. Planning Commission Meeting 5 October 1, 1996 MOTION Item 3.2 Motion by Commissioner Cassen, seconded by Commissioner Landy, to approve Planning Case 96-33, Request Site/Building Plan Review/Approval at 5801/5803 & 5805/5807 Winnetka Avenue North, and 8000 Bass Lake Road, St. Theresa Home of New Hope, Petitioner, subject to the following conditions:: 1. Performance bond be submitted for improvements; amount to be determined by City Engineer and Building Official. 2. Complete platting of all parcels into one lot within six months and provide necessary easements. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996 The City Attorney stated that two motions were necessary because the rezoning was required to have a 4/Sths vote by the City Council and the site/building plan approval requires a majority vote. Case 96-21 Item 3.3 Chairman Sonsin introduced for discussion Item 3.3, An Ordinance Amending New Hope City Code Section 4.036(4)(h)(xv) Regulating Off- Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. Chairman Sonsin reminded the Commission that this item was tabled at the September Planning Commission due to a question by one of the Commissioners regarding types of properties to include, was referred back to Codes & Standards for review, and was now back before the Commission. There was a request for a motion to remove from table. MOTION Item 3.3 Motion by Commissioner Landy, seconded be Commissioner Stulberg, to remove from table Planning Case 96-21, An Ordinance Amending New Hope Code Section 4.036(4)(h){xv! Regulating Off-Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. All in favor. Motion carried. Mr. McDonald reported that the ordinance was sent to Commissioner Cassen after the Codes & Standards meeting and that he discussed the changes with Commissioner Cassen. The City Attorney then prepared the final ordinance which states that all off-street parking areas would be required to construct perimeter concrete curbing around parking areas with the exception of single family, two family and townhouse units with direct access to garages. The Planner did a lot of research on this issue and further questions could be directed to him. Commissioner Svendsen added that the qualification of being able to drive from the street into the garage makes a definite distinction of how to separate what properties are included or not included in this ordinance. Commissioner CaSsen added that she did several drive-bys of all the townhouse areas so she could determine exactly what was meant. One development had a combination of the short driveway to garage, a long driveway, and an area for guest parking - Sandpiper Cove. In this instance the developer would be required to install concrete curbing in some areas. Mr. Brixius stated that in the case of a Planned Unit Development the Planning Commission would need to make a distinction between what constitutes a driveway with direct access to a garage and what is a private street. After determining this, Planning Commission Meeting 6 October 1, 1996 MOTION Item 3.3 PC96-06 Item 3.4 MOTION Item 3.4 then a determination can be made to insist on concrete curbing on the private streets. There are not too many townhomes having access to public streets, but there are several twin homes that do have access to public streets and these homes should not be treated any differently than a single family home. A three-unit building, under the same conditions, should not be treated any differently. That was the rationale for the language in the proposed ordinance. Commissioner Cassen felt the language used was good. She stated that other cities do not have the continuous curbing, but rather "tire bumper" type curbing. Motion by Commissioner Keefe, seconded by Commissioner Svendsen, to approve Planning Case 96-21, An Ordinance Amending New Hope Code Section 4.036{4)(h)(xv) Regulating Off-Street Parking by Requiring Perimeter Concrete Curbing Around Off-Street Parking Areas, City of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996. Chairman Sonsin introduced for discussion Item 3.4, An Ordinance Amending New Hope Code §4.036(10)(z) Regulating Parking Requirements for Shopping Centers, City of New Hope, Petitioner. Chairman Sonsin reminded the Commission that this item was discussed at the September meeting, it moved forward to the City Council, was referred back to the Codes & Standards Committee and Planner to review the ratio of parking spaces to the square footage of shopping centers, and the recommendation of the Planning Commission to the Council is for no change. The Codes & Standards Committee felt the ordinance is adequate with the additional research done to back up the recommendation. Commissioner Svendsen commented that in looking at the parking lots at different times of the day and the drawings of the shopping centers, there really are no problems with the smaller units. Some of the larger centers, especially at New Hope City Center, the parking lot seems to always be full. The ratio for this center would be the same as what is proposed, so he felt there would be no reason not to change the ratio for the smaller centers. Commissioner Svendsen stated that it would be better for the smaller centers to have the number of required parking spaces changed. Chairman Sonsin added that shopping center developers usually do not build parking lots too small to serve their clientel. Motion by Commissioner Stulberg, seconded by Commissioner Landy, to approve Planning Case 96-06, An Ordinance Amending New Hope Code Section 4.036(10)(z) Regulating Parking Requirements for Shopping Centers, City of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996. Planning Commission Meeting 7 October 1, 1996 PC96-35 Item 3.5 Chairman Sonsin introduced for discussion Item 3.5, Recommendation/ Response to City of Plymouth Comprehensive Plan Amendment to Re- Guide 5.76 Acre Parcel from CL, Limited Commercial, to CS, Commercial Service, City of New Hope, Petitioner. Mr. Brixius stated that the parcel of land in question is located in the southwest quadrant of Highway 169 and 49"` Avenue/Schmidt Lake Road. The City of Plymouth is proposing a land use change from the current Comprehensive Plan from Limited Commercial to Commercial Service. This would be accompanied by rezoning to accommodate a convenience gas/grocery, a 6,500 square foot restaurant and an automobile service center. To accommodate this, Plymouth would have to change the land use plan, which requires a Comprehensive Plan amendment. As part of the Metropolitan Land Planning Act, Plymouth is required to refer this to other affected jurisdictions, which would be New Hope. Mr. Brixius explained that in reviewing this amendment there are a couple of issues that are applicable to New Hope. First, this area is directly across from a single family subdivision that'is oriented toward Highway 169, however, there is a significant separation with the highway right-of- way, a wetland, and Erickson Drive. Visibility of the site could be a issue and the Comprehensive Plan amendment that was submitted did not include any landscaping or treatment along the highway. Second, there would be a significant increase in traffic associated with the change in land use. Staff raised the issue of how it would affect traffic on 49"` Avenue. The document submitted stated that approximately 40 percent of the traffic would use 49"` Avenue coming into New Hope. The City Engineer reviewed to amendment to make sure 49"` Avenue had sufficient capacity and also that traffic movement over the 49"` Avenue bridge and movement into New Hope would be sufficient as far as safety and capacity to handle any increase in traffic. After review of the plan, it was reported that the increase in traffic would not cause a degradation of the service level. There would be a significant impact on the service road as far as queuing of the signals and traffic in and out of that area. The Planner continued saying that staff has prepared a resolution for the Planning Commission that indicates the review and expresses the concerns which would be forwarded to Met Council and the City of Plymouth. Mr. Hanson pointed out that the traffic along 49"` Avenue in New Hope is high currently. The average daily count on 49"' Avenue was at 7,300 in 1992 and 7,000 in 1996. The traffic to this development is estimated at 1,760 trips per day coming from New Hope. In assuming that some of this traffic is dual trips, a more realistic approach would be 1,000 trips per day, therefore the count could be as high as 8,300. That roadway, based on its width, design, section, etc., could easily accommodate 10,000 vehicles per day and, if need be, could accommodate up to 14,000. Staff does not see the additional traffic as being a significant impact. There is no development foreseen in New Hope that would cause the traffic count to increase significantly. The issue that most concerns staff are the signals proposed to be built at the exit/entrance ramps for the highway, such as what is built at 36"` Avenue and Highway 169. These signals are proposed to be built in 1998. The concern is with the traffic on the service road and the potential for this traffic to back up depending upon when the traffic signal is installed. There could be some striping done to offset this situation. It is staff's opinion that this would not be a substantial impact. Planning Commission Meeting 8 October 1, 1996 Chairman sonSin wona~ed if the reduction of vehicles between 1992 and 1995 was a significant amount. Mr, Hanson replied that the counts are done every two to three years and the numbers have not fluctuated significantly even from the 1980s, Chairman Sonsin commented that after reading the draft resolution he had some concerns with paragraph #2 regarding the landscaping/screening/ buffering and wondered if this was needed since there is a major highway and wetland area between the proposed development and the residential area in New Hope. Mr. McDonald pointed out that this was included in the Planner's report and that there was not enough landscaping information provided from Plymouth. Chairman Sonsin reiterated that this would not impact New Hope significantly with the highway between the two cities. Commissioner Landy stated that would be consistent with New Hope's views of screening and buffering with any other development in the City and saw nothing wrong with keeping that paragraph in the resolution. Commissioner Cassen added that the development would still need to be aesthetically pleasing. Chairman Sonsin asked for a motion to pass the resolution. Commissioner Keefe questioned the length of the resolution. Mr. McDonald responded that in the past the Planning Commission has laid out all the findings in the resolution, with the City Council ratifying the Planning Commission's resolution of findings.. MOTION Item 3.5 Motion by Commissioner Landy, seconded bY Commissioner Cassen, to approve Planning Commission Resolution No. 96-1, Regarding Comments on City of Plymouth Comprehensive Plan Amendment, Planning Case 96- 35, Recommendation/Response to City of Plymouth Comprehensive Plan Amendment to Re-Guide 5.76 Acre Parcel from CL, Limited Commercial, to CS, Commercial Service, City of New Hope, Petitioner. Voting in favor: Voting against: Absent: Motion carried. Keefe, Stulberg, Landy, Sonsin, Cassen, Svendsen None Underdahl, Oelkers, Damiani This planning case will proceed to the City Council on October 14, 1996. PC96-04 Item 3.6 Chairman Sonsin introduced for discussion Item 3.6, Informal Discussion/Consideration of An Ordinance Amending Chapter 8 of the New Hope City Code by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers and An Ordinance Amending the New Hope Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District, City of New Hope, Petitioner Chairman Sonsin reported that the Codes & Standards Committee began work on this item in February, did extensive research, and have discussed this many times. The City Council enacted a moratorium on March 11, 1996, and subsequently extended it to March 11, 1997, against the establishment of any kind of pawn brokering or any related activity. The notebooks that were passed out in September contain work completed by the Planner, the City Attorney, and staff. It contains information from the City of Minneapolis on the Automated Pawn System (APS), which will be explained at this meeting. This is the informal discussion, and assuming there are no major problems with the presentation, the formal public Planning Commission Meeting 9 October 1, 1996 hearing would take place in November after which the ordinance would be passed on to the City Council for consideration. The Planner will discuss the zoning issues, the City Attorney will explain the licensing, and a representative from the Minneapolis Police Department will explain the Automated Pawn System. Mr. Brixius explained that the ordinance amendment included in the planning report is twofold. The first pertains to zoning and the second is a business licensing ordinance. Initially staff gathered as much information as possible pertaining to how the City should deal with these uses. New Hope was not the only city studying this issue. Bloomington's City Attorney, Greg Brooker, prepared a survey of pawn broker ordinances in Minnesota and had done an analysis of state and local regulations on pawn brokers. Other information and ordinances pertaining to these items was included in the notebook. Any ordinance that would outright prohibit pawn shops as a permitted use is undefendable and the City Attorney concurs with this. These are commercial operations and have the same type land use characteristics as other commercial operations, both retail, lending institutions, etc. As a result, their reputation alone is not the basis for prohibition. The next step to determine is where pawn shops should be allowed. Typically these are similar in character as retailing and financial lending institutions, with regard to building size, customer base, character, customer attraction, parking and circulation. As such, the most appropriate land use district is the Commercial Zoning District. Other communities have provided for buffer zones to provide separations between sensitive uses. In the case of adult uses, there were numerous studies and documentation that indicated negative secondary impacts associated with adult use operations that justified limitation of location and buffer separations, or required setbacks from sensitive uses. In this respect, research done on this issue indicated that there are no negative impacts associated with this. Different professionals will give opinions as to their perceptions and their influences, but there is no real documentation. Therefore, the buffer zones that other communities have implemented are put in place mainly because someone else included it in their ordinance. The bUffer zone in most communities had not been challenged. In research conducted by the Planner, it was found that if pawn shops would be confined to the commercial district, these districts provides some separation of uses from less intense districts and some separation with regard to setback and proximity. The buffer zone element is not something recommended in New Hope. Mr. Brixius next discussed whether this should be addressed as a conditional use or a permitted use within the district. The language used clarifies that it would be a permitted use in the B-4 District. The basis for this, similarly to commercial recreational uses, is that if the use is in full compliance with code, the emotional debate should be removed relating to whether the use is a negative impact on the area. The City cannot prohibit pawn shops as the background information supports. If the City sets the criteria and say they are a permitted use, the form for emotional debate is avoided. It was the recommendation of Codes & Standards to look at this as a permitted use within the most intense commercial district. Business licensing would provide more regulation. The City Attorney explained the licensing ordinance. This ordinance is based on an ordinance from the City of Minneapolis since New Hope is very interested in using the Automated Pawn System (APS) when the system is ready for use. The City of Minneapolis is developing the system for the purpose of creating a data base and assisting the New Hope Police Planning Commission Meeting 10 October 1, 1996 Department, among others, in regulating the pawn industry which appears to be an industry that is a growth industry in Minnesota and essentially is an industry that could not be zoned out of existence in the City. About two years ago the City Attorney issued an opinion suggesting that it might be possible to defend an ordinance that indicated that pawn shops were a prohibited use within the City. An argument for this would be that the pawn industry is an inherently bad industry and is susceptible to crime, fencing operations, the promotion of burglary operations. The State of Minnesota and the legislature in the State have passed four statutes dealing with the pawn industry. The most recent of these statutes implement minimum regulations for the regulation of the industry. The City Attorney added that it would be hard to argue that the pawn industry is not a legitimate industry when the State and legislature said that it is. Therefore, if there is a finding that the pawn industry is legitimate, the City would not be allowed to zone out of the City any industry and still pass constitutional muster of due process and protection. Just because a City doesn't like a business, does not mean that people cannot engage in that business within the City if it is determined that it is a legitimate business. Due to the fact that New Hope had a specific and expressed interest by a pawn broker, the staff felt that it was necessary to develop regulations to deal with this industry that is essentially going to be here sooner or later. As a result, staff felt that by implementing regulations now the City could better work with legitimate pawn brokers. Mr. Sondrall explained the content of the ordinance section by section: 8.33 deals with the purpose of the ordinance. There are two purposes including crime prevention and consumer protection. The pawn brokering business is not primarily a fencing operation or an operation to launder money or receive stolen merchandise. Police Departments do have concerns about that and the regulations in the licensing ordinance should help to effectively eliminate the people in the business who are not legitimate and who are attempting to engage in that type of activity. This ordinance, especially when the APS is operational, will assist the New Hope Police Department insuring that the pawn brokering businesses in the City would not be engaged in those kind of activities. 8.332 lists the definitions. The important thing to note about the definitions is that the definition of a pawnbroker does not include banks, savings and loans, or credit unions. The definition of precious metal dealer and second hand dealer includes persons dealing in used goods, which would be the main concern. The source of the goods is unknown when dealing with these items and the City needs to be sure these are the types of goods that are not a part of a burglary, robbery or illegal transaction. As a result, the definitions deal with individuals who are going to be dealing in used goods. The other important definition deals with a reportable transaction, which is every transaction involving merchandise. Each transaction that comes through the pawn brokering business would be a reportable transaction. The only transaction that would be excluded from a reportable transaction would be one that has been reported, such as one being redeemed or extended or renewed. Bulk purchases would not be a reportable transaction, nor would retail and wholesale sales of merchandise. Commissione~ Svendsen asked whether precious metal as permitted in the B-1 Zoning District as reported in §4.102(10) and which states the definition of coins and philatelic (stamps) store is included in this ordinance. Since coins are a Planning Commission Meeting 11 October 1, 1996 Planning Commission Meeting permitted use in the B-1 District, would the ordinance have to be amended by taking this out of the B-1 District and putting it into the B-4 District. The City Attorney confirmed that the permitted uses in all districts may need to be reviewed. A coin dealer could possibly fall under the definition of a precious metal dealer. Precious metal dealers are regulated by the State of Minnesota. Coins are definitely part of the regulation under this ordinance. 8.333 licensing would be required. The license cannot be transferred to a different person or location. Multiple licenses would be allowed, but each separate location would need its own license. No limit has been set yet, but a limit could be set. A problem might occur in setting a limit if a justifiable reason cannot be found. If a justifiable reason can be found for limiting the number of pawn shops in the City, because they are' not a protected class, the City would only need to show that there is a governmental interest to limiting the number of shops in the City. Unlike liquor, the liquor statute gives the City the authority to limit licenses. The new State law on minimum regulations does not provide for that, which does not mean that the City cannot be more stringent than the minimum State law, but if the City would be challenged on that point, a legitimate governmental basis for the limitation would be required. Chairman Sonsin added that this point was discussed at one Codes & Standards meeting and it was decided that the limitation for liquor licenses came about because it was a controlled substance and pawn brokering is not. Mr. Sondrall stated that the marketplace would govern the amount of businesses that can come in the city as well as the availability of locations if pawn shops would be limited to the B-4 Zoning District. 8.334 deals with exceptions to the license requirement. This statute states that precious metal dealers would not need a license as long as they meet certain provisions of the ordinance. The State Consumer Protection Law provides for the licensing of precious metal dealers. The language that was inserted into this ordinance comes right out of Minnesota Statutes dealing with precious metal dealers and is found in §§325F.734 to 325F.742, which is the section dealing with trade regulations for consumer protections. That statutory reference deals with precious metal dealer licenses and all of the exceptions that the State law provides for people who deal with precious metal. They are not required to have a license under State law. Additionally, there is a reference to Chapter 80A included in the ordinance which deals with regulation of securities. There are such things as metal investment contracts and precious gem contracts which is why a securities regulation is found in the precious metal dealers license. Chairman Sonsin added this would deal with buying and selling futures contracts with gold, platinum, silver or other metals. Mr. Sondrall continued saying that those are people who do not need a precious metal license in the state either. Anyone dealing with the occasional garage, yard or estate sale, would have to comply with the requirements that are imposed on the precious metal dealers despite the fact that they are not licensed by the state. Paragraph 2 of this section deals with transactions that do not require a second hand dealers license. Most of this section deals with yard sales, garage sales, and sales that are not going to extend over a 72-hour period and where people own the property that is being sold. As a result the thought was that licensing those types of transactions would not be appropriate. 12 October 1, 1996 Planning Commission Meeting 8.335 deals With the business'manager issue of the ordinance. If the entity that is interested in a pawn operation in the New Hope is a corporation, the concern would be that there is someone on site who has been investigated and who has supervisory capacity. Incorporated into the ordinance is the provision that if the actual licensee is a corporation, the corporation would be required to name an individual as the business manager. If the licensee is a partnership or an individual who is not going to be on site providing supervisory capacity of the business, the actual business manager on site needs to be named so there is some accountability. The minimum requirement of time for the licensee to spend on site would be 40 hours per month. If the licensee would not be spending that amount of time on site, the named business manager would also be investigated and that person would be required and accountable for the day-to-day operation of the business. The purpose of the section is to insure that the City always knows who that individual is and that this individual has been investigated for the appropriateness to run the operation if the licensee is not going to be the person on site doing that. 8.336 deals with the license forms which would be provided by the City. 8.337 deals with application execution. The information will be sworn information so it would have to be attested to by the applicant and any false representation made on the application would be grounds for denial of the initial application or cause for revocation if the City finds out after the license was granted that the information provided on the application was incorrect and was falsely misrepresented. 8.338 deals with the application verification. The Police Department would be doing the investigation and verifying the information that was provided by the applicant, which is consistent with the process used for liquor license applications. 8.339 deals with application consideration. This deals with new construction and says that any building under construction will not be issued a license until there is a certificate of occupancy issued for the building. 8.340 deals with the fees. Lt. Phil Hafvenstein of the Minneapolis Police Department can share more information on fees when he explains the APS. Mr. Sondrall explained that there are four different fees factored into the ordinance, which may seem somewhat ownerous. There is an application fee which is set at $500 and is non- refundable. There is an investigation fee which could be anywhere from $1,500 minimum to $10,000 maximum based on costs. Essentially this fee is broken into two parts. If the investigation can be completed within the State of Minnesota, or if all the information on the applicants would be contained within the State of Minnesota and staff is dealing with residents in Minnesota, the fee would be a flat fee of $1,500. If the Police Department needs to investigate the applicants outside Minnesota, the fee would be based on the actual cost of the investigation, but not to exceed $10,000. These are the two fees relating to obtaining the license. The next two fees deal with the license fee and the billable transaction fee. The Codes & Standards Committee discussed the fees and together with staff set the annual license fee of $12,000. A neighboring municipality (Golden Valley) has an ordinance like this and uses a fee of 13 October 1, 1996 Planning Commission Meeting $12,000; and that fee has been challenged and upheld in court. Therefore, Codes & Standards and staff decided to adopt $12,000 for the license fee. License fees are fees that can be implemented by the City to reimburse itself for costs of regulation. License fees cannot be used as revenue producing fees nor can they be structured as a tax. The City needs to show that by implementing the fee they are simply reimbursing the costs for the regulation on the industry. The pawn industry is perceived as labor intensive and time intensive. Prior to the APS, when the work had to be done manually, the estimated amount of time taken was half of one police officer's time and two clerical people at an estimated rate of $28,000-30,000 and $72,000, respectively, per year. The purpose of APS is that hopefully this will reduce the time intensity of regulating the industry and may produce a more equitable way to regulate the industry. The billable transaction fee is a fee paid by the pawnbroker every time a pawn occurs within the business. The information would be transmitted to the Police Department-via a computer modem and would cut down on the cost to regulate the industry. As a result the license fee should probably be lower than $12,000 because it might be assumed that there is some overcharging being done by charging both fees. City staff have been talking to people from Cash 'N' Pawn, who may make application to the City, and who seem to be a legitimate business. Their point is that if the City charges a $12,000 annual license fee and also charge a billable transaction fee, such as $1.50 per transaction times 10,000 pawns per year, the total charge would be $27,000 per year to operate the business. According to pawn brokers, they are the "poor person's bank" and they make loans as small as $10 and that people actually have a need to obtain such a small loan, which could not be obtained from a bank. It would not be cost effective for the pawn broker to make that type of loan with the proposed license fee and billable transaction fee, which is their argument for the City charging both fees. They do not have a problem being charged either the high annual license fee or the billable transaction fee, but not both fees at the same time during the course of the year. The Commission should discuss this issue and come to a consensus before passing this issue on to the City Council. Chairman Sonsin indicated the feeling he received was that the Council would rather not see a pawn shop in the City and, therefore, was following that line of thought by having stringent regulations and fees. it was his feeling to leave the fees as proposed and let the City Council make the final decision. Mr. Sondrall pointed out that it is possible the City may not be able to justify a high annual license feel and a billable transaction fee that produces a revenue to the City from pawn transactions in the $27,000 to $30,000 range. Golden Valley does not have a billable transaction fee, just the $12,OOO annual license fee. Mr. Sondrall pointed out that if the City would charge that amount of money, that staff needs to be able to justify the cost. If staff would not use the APS and would do the work manually, the cost may be justified, however, by using the APS the cost would be lower to regulate the industry. Maybe the City should not charge the high annual license fee being proposed if also charging the billable transaction fee as a basis for the billing system. If ever there would be two pawn brokering businesses in the City, by using the billable transaction fee they each would be paying for usage, which seems to be a more equitable fee than a flat fee that was adopted because it was upheld 14 October 1, 1996 Planning Commission Meeting in the past. Chairman Sonsin added that a decision needs to be made on exactly what type of fee to be used. The argument could be made for the annual license fee for the base cost of setting up and maintaining a pawn broker on the system whether they send in one transaction a month or several hundred transactions. The billable transaction fee would be for processing the cost of the transaction once everything is all set up. The dollar amount may not be correct at this point, but it was his feeling that the approach makes sense. Mr. Sondrall stated that Minneapolis charges a smaller annual license fee and uses the billable transaction fee. 8.341 deals with the $5,000 bond that would be charged. This is to insure that the individuals comply with all of the requirements of the ordinance and it would potentially be forfeited if the business was mismanaged. 8.342 makes the licenses renewable each year. 8.343 would deal with the death of a licensee in the event that the licensee was a partnership or an individual. If this did occur, the estate of that individual would have 90 days to close the pawn business. 8.344 deals with conditions of approval for license. This section contains information on who cannot obtain a license. Chairman Sonsin questioned whether the condition pertaining to an applicant also holding an intoxicating liquor license was just for an establishment in New Hope or anywhere. Mr. Sondrall interpreted this to mean in New Hope because it deals with the license under this code. The requirements are the same for all three entities, individual, partnership or corporation. Section (b) contains some language from the Minnesota Statutes §364.03, which is the criminal rehabilitation law. This prevents a city from denying someone a license to operate a business despite the fact that the individual had been convicted of some crime that was related to the business if he can show proper rehabilitation. If someone had at one time been convicted of a crime that relates to the pawn brokering business, such as receiving stolen property, this would put him in the category of occupation related. If he could show that he had been rehabilitated under that statute, the City could not deny him a license. Commissioner Svendsen commented that something he read in another ordinance that was well written was whether or not the pawn broker had his license revoked elsewhere. If that was so, he felt that would be grounds to deny a license. Another determining factor would be whether the individual was a U.S. citizen or an alien. Several other commissioners agreed with these points. Mr. Sondrall responded that if the individual had his license revoked elsewhere and it was industry related and the individual could show rehabilitation then even though the City had that terminology in the ordinance, the City not deny the license. Mr. McDonald questioned why the individual could not have an intoxicating liquor license at one establishment in the City and also have a pawn brokering license. Lt. Phil Hafvenstein, Minneapolis Police Department and Commander of the License Division which has responsibility for pawn shops, second hand goods dealers, all the liquor and gun permits to purchase and carry, and lawful gambling in Minneapolis, answered that having a license for both liquor and pawn breeds an unhealthy relationship for an indigent or a person unable to overcome the temptation to drink 15 October 1, 1996 by pawning the family heirlooms. Mr. Sondrall continued by explaining the Commission should-look at expanding eligible locations to the B-3 and B-4 Districts and dealing with the coin/stamp dealer. The Planner interjected that coin dealers are one of the exemptions from the pawn dealerships because of the precious metals. The Codes & Standards Committee could determine if this needed to be addressed further. It may be exempted from the pawn licensing requirement. Mr. Sondrall pointed out that the old Ponderosa site in question was zoned B-3 and Codes & Standards concluded that this location is an appropriate place for a pawn shop. The Planner noted that while the Ponderosa site in the B-3 District may be appropriate, there may be other B-3 District sites that are not appropriate. Therefore, a rezoning of that site may be a better idea than allowing pawn shops anywhere in the B-3 District. Planning Commission Meeting 8.345 begins to deal with licensing restrictions and the technical record- keeping system that the APS will help with. Most of this section comes directly from State Statutes. One thing the City Attorney pointed out was the part dealing with photographing the pawned item and the seller. The photographing specifically needs to be cross referenced with all of the other information. All of the information would have to be available to the police, and the customer must be made aware of the photographing process both verbally and by signage on the site. This may deter a burglar from trying to pawn stolen goods if he knows that a photograph will be taken, he would need to provide identification, and all the information 'would be supplied to the police on a daily basis. The people in the pawn industry want to keep their business above board and assist the police in deterring crime and catching the individuals who are involved in illegal activity. There is a 60-day holding period on the merchandise being pawned. A pledgor has to attest to a statement that the goods are not stolen and the statement acknowledges that the person to redeem the property can only be the seller of the property or someone he has assigned to redeem in writing. The information of the pawn broker needs to be available to the City during business hours and the records have to be kept for three years. The section on billable transaction fees deals with if the APS fails and pawn brokers need to record it manually. If the City's computer fails and is unable to accept the information from the APS, then the charge would still be by the modem rate. (The idea of a manual charge vs. a modem charge has not been discussed or incorporated into the ordinance at this time.) A weekly report also needs to be submitted to the Police Department on items that have the potential to be stolen, which are listed in the ordinance. Lt. Hafvenstein felt this part was unnecessary to include in the ordinance. This originated from the old Minneapolis second hand goods dealer ordinance which provided some exclusions for reporting to the police certain transactions. His recommendation was to delete this part from the ordinance. Mr. Sondrall continued explaining paragraph 7 deals with a 90-day holding period. (After some discussion the consensus was to change the paragraph 2 under record keeping to 90 days.) This section prevents the pledgor from redeeming the property for 72 hours. The hours of operation would be from 7 a.m. to 10 p.m. There would be no purchases from minors. There would be no gambling allowed at these establishments other than the purchase of State lottery tickets. Goods that would not be accepted for pawn would include items with altered or obliterated serial numbers. The pawn dealer has to provide a regular 16 October 1, 1996 business day for the last day of redemption and cannot make that redemption day a holiday or other day the operation is not open. There is no obligation for the pledgor to redeem the property. It was the consensus of the Commission to change the 60-day time frame in paragraph 18, effect of redemption, to read 90 days. The section regarding transactions involving only holding title to property was taken from Minnesota Statutes~ which deals with abandoned motor vehicles and the Uniform Commercial Code. If there would be a pawn transaction with a car as security, the pawn broker would be subject to that law. The ordinance states that all payments would be by check and there would be no cash payments by the pawn broker to the pledgor. This policy must also be posted by the Pawn broker which would also deter the criminal coming in hoping to get instant cash for' something obtained illegally. It also provides an audit trail that can be checked when the check is cashed. A pawn broker would not be able to deal in firearms and guns unless there is also a federal firearms license. The pawn broker would be informed that he is not to deal with illegal weapons, which are listed in the ordinance. 8.346 indicates that the license is not transferable. 8.347 deals with suspension or revocation of license, or convictions for theft. It also deals with suspension provisions and hearing provisions. It explains when suspension can take place without a hearing and when a hearing is required. 8.348 deals with permitted charges, three percent per month. This section also allows for a $20.00 storage fee, which is a monthly storage fee, possibly for a car, etc. Mr. McDonald wondered whether outside storage would be allowed. The Planner stated that in the B-4 District outdoor storage would require a conditional use permit. In this ordinance outdoor storage had not been addressed. A pawn broker cannot divide the transaction to increase the fees. Any interest or fees in excess of the law will violate the pawn. The schedule of charges would have to be posted in a visible location. 8.349 deals with prohibited acts. 8.350 says that the pawn broker is a bailee and is accepting a bailment, and if the individual comes back to redeem the property, and it is not there, the pawn broker is subject to a civil suit for the value of the property. Chairman Sonsin questioned the wording under Section 2 on the investigation fee where it states that the Minnesota only investigation fee shall not exceed $1,500 and stated this should read the fee is $1,500 as opposed to shall not exceed $1,500. Commissioner Svendsen wondered whether the definition for storage should be added to the ordinance. Mr. Sondrall responded that it was his opinion that storage would be charged on everything. The pawn broker could charge interest and a storage fee. Commissioner Keefe suggested no deletion of the section on the weekly reporting in the case of manual reporting, which could serve as a synopsis of the hot sheets. Mr. Sondrall reiterated that the pawn broker would be required to turn in a daily manual report. Planning Commission Meeting 17 October 1, 1996 Planning Commission Lt. Hafvenstein came forward and the Commission thanked him for coming to the meeting to explain the Automated Pawn System. In the old Minneapolis second hand goods ordinance, there was a clause that read the same as the section relating to "items for which reports to police are required" which stated reports did not need to be sent in except for specified items. This information would be reported either manuatly or through the APS daily and, therefore, would probably eliminate the need for a weekly recap. The APS provides the ability to use the information reported in a timely fashion. Mr. Sondrall stated that one criticism voiced by Jack Hartsoe of Cash 'N' Pawn was the requirement of pawn brokers to take digitized pictures of every single pawn transaction or trying to describe the property through digitized photographing., Jewelry especially does not show up well in the digitized pictures and may not produce any useful information. It may be very difficult for the system to accept it because it takes seven minutes to send the transaction over the modem. If there are thousands of transactions a day, the volume would be too much, and the picture of a small item of jewelry may not be real clear anyway. Lt. Hafvenstein stated that the transmission was not correct that was provided to Mr. Hartsoe. If that were true CompuServe and America On-Line could not exist because the first page that drops down would take seven minutes to get to there. Lt. Hafvenstein continued saying that the actual running of tests of the "jay-peg" compression process indicates that the down-loading of the typical number of daily transactions (less than 100 in most stores) and of those probably half would have to have photographs attached would only be several minutes for the entire day's activity. Mr. Sondrall reminded the Commission that the moratorium runs through March 11, 1997, and the recommendation to the Council should be to continue the moratorium until the APS is complete, even if the moratorium would have to be extended again. When the APS is running, the moratorium could be terminated and the ordinance implemented. Lt. Hafvenstein reported that the status of the APS is on time. It is anticipated that the acquisition of the hardware for the operating platform would be in house in October and the quality assurance and functional testing'of it completed in October. It is anticipated that there would be bata testing and roll out in November and December; and depending upon. how fast qualified point-of-sale venders are brought on board, testing in one or two stores from Minneapolis and St. Paul would take place in January. Hopefully, the entire system would be ready in the first quarter. St. Paul has passed its ordinance which embraces the APS and which provides for billable transaction fees and is very similar to this proposed ordinance. Minneapolis has started billing their transactions as if they were electronic at the $1.50 fee that the Minneapolis Council set in January. Therefore, the shop that sends in five transactions a day is treated the same way as the shop that sends in 100 per day. The position is defensible when it comes to correlating the license costs to what is being charged to the pawn brokers. The billable transaction fee in Minneapolis is structured around the APS fee, which is structured on a projection that over five years the city will get to the point where they are able to recover the cost of developing the APS, which is in excess of $300,000, and Minneapolis is covering this cost. Through the sharing of the system and through billing the individual communities that are a part of it, the City of Minneapolis should be able to recapture that equitably from everyone benefiting from the system. The cost of the system is about 90¢ to 95¢ per transaction based upon all the estimates.. At the end of the month a bill wouldl be provided that lists all of the pawn shops and how many transactions took place at 90-95¢. Each community can then "value add" their cost to the operation to recover the true cost Meeting 18 October 1, 1996 of regulating the industry. The pawn shops who are a client of APS, would then be billed for all of the transactions that went through the system. Lt. Hafvenstein next pointed out some things about the APS that could be appreciated by elected officials. First, it gives a "plug-in-play" solution to regulation for pawn dealers that is not intrusive or ownerous, and would be recoverable in cost. Second, it provides the only way to share information about pawn transactions among jurisdictions. Any burglary items from New Hope would probably be pawned in another municipality. The pawn system would allow someone in New Hope to go into the program on his computer and view every transaction that was reported anyplace in the metro. It is the only system in the country that would allow multiple jurisdictions sharing information related to pawn transactions, which would be a huge crime fighting tool. It would also allow identification of several items taken at one burglary and to trace where all items have been pawned. Some pawns shops are known for specific items, such as jewelry, musical instruments, etc. Burglars know this and therefore go to the shop they can get the most money for the item to be pawned. Lt. Hafvenstein believes there is a need for pawn shops. They are the poor person's bank and the fact that they provide a necessary service is not questionable. Regulation cuts to the issue because for years they were not regulated. At the last legislative session, the State legislature provided a lot of the input for this by setting minimum standards for communities that decide to license and regulate pawn shops in Minnesota. Among those standards were a number of consumer oriented issues that were driven by the consumer union people at the legislature. Some of the issues included things like what is printed on the receipt, your responsibilities, and interest charges. The lieutenant pointed out that the $20 storage charge only applies to those items which are not in the pawn brokers possession. Translation if the broker takes the title to a vehicle and the pledgor continues driving the car, the broker cannot charge $100 per month to store the title at the pawn shop. There is no limitation of reasonable storage and handling charges in the present law. There is a three percent per month interest cap, but no storage minimum. Title pawn is bigger in other parts of the country as opposed to Minnesota. Another item mentioned earlier was the $10 transaction. The average transaction is between $40 and $60 based on the numbers from information gathered by Minneapolis, There are some $10 transactions, but that is rare. The $1.50 charge is passed straight on to the consumer and there have been no complaints from the industry or from the consumers. The interest limit is three percent per month on the item based uPon what was advanced on it. There is only reasonable storage and handling fees, so you go right back to the 20-30 percent per month that the industry is built on and survives on. The Automated Pawn System in its present configuration will first come as data collection without the video imaging, which is part of phase 3. The development of phase 3 is for late 1997. However, everything is being built in such a way as to allow easy acceptance of the video imaging. The industry that is providing the technology to capture and send this to Minneapolis states that this is being done in other aspects. The other part of the Automated Pawn System that bodes well for communities is that it becomes a crime fighting tool just by the enactment of the ordinance. The inclusion of video cameras, signage, responsibility, keeps burglars from trying to pawn the merchandise. Including precious metal dealers and second hand goods dealers in the ordinance is good because these are businesses that can be compromised by elements of Planning Commission Meeting 19 October 1, 1996 society that would try to pawn stolen merchandise. The pawn industry can be a victim just the same as anyone else in business. If the broker takes in stolen merchandise and the police match a serial number and take the item from the shop, the pawn dealer out that money. The APS would allow for a greater number of investigators to compare their losses against a greater data base than ever before. It will not eliminate the need for individual departments to generate individual queries on items that qualify to be in the NClC system (National Crime Information Computer). When making a police report, it has a serialized item and a value in excess of $250 in theory and is entered as a lost item under those criteria into the NClC. There is no method presently to have the APS computer talk to the NClC computer to make these runs. There would still be clerical costs to obtain this information. A report can be generated from the system that gives the information on every item that would be in NClC. APS would generate management reports, hit reports, and is working on a "frequent . flyer" report (someone who has been in the pawn industry more than three times in the last 30 days with more than three televisions). Lt. Hafvenstein reported that the actual APS service would be housed at the Minneapolis Police Department. The pawn shops in each municipality would be connected by modem and down loaded on a daily basis to the APS server. The server would then combine it with information from every other pawn shop in the metro area and send it back to each city on a query basis for the Police Department to utilize. It would generate the monthly billing process for the City's use. Another aspect of APS which would enhance the citizen's chance of recovering stolen merchandise would be the intended use with insurance companies. At the last legislative session, the data privacy laws were modified to make all information regarding pawn transactions available - the product is public, the people is private. The citizen would not be able to see who brought the item to the pawn shop, but they will be able to see whether the TV with a certain serial number/model number is in the system. The pawn industry has been involved with the development of this from the beginning. The bottom line is that responsible dealers want to be able to advertise that they are regulated. There would be a certain amount of stolen items that gets through the system. Hopefully, there would be a higher percentage of item found than ever before. The APS program for New Hope is being developed. One of the driving forces is that by August 1, 1997, the minimum standards that were passed in the last legislative session have to be included into any jurisdiction's regulation scheme. APS happens to fulfill about 95 percent of those requirements. Chairman Sonsin confirmed that the City of New Hope has given their letter of intent to participate in the APS when it is operational. Lt. Hafvenstein stated that the letter of intent was well received and was shared with the Mayor of Minneapolis, who is a strong supporter of APS. Lt. Hafvenstein emphasized they are dedicated to making it run. The same team has been working on the system from the beginning and will continue to work together through the first year of operation. Mr. Brixius questioned the average number of transactions for a pawn shop in Minneapolis. Lt. Hafvenstein responded that the average would be about 8,000, however, the high and Iow is in excess of 20,000 and less than 400. St. Paul has in excess of 60,000 transactions with 10 licensees. Pawn shops can be very small shops or very large businesses. The Planner then asked about the charge per transaction to the cities. Lt. Hafvenstein replied that the 90-95¢ is an estimate and would be finalized closer to the end of the year. That number represents the anticipated total cost of developing and operating the APS for five years divided by the Planning Commission Meeting 20 October 1, 1996 total number of transactions that are projected to go through the system. The cost of the clerical help and the pawn detail officer is added to that figure. The manual transaction fee would be $2.50 because it would take about $ l's worth of energy, people, equipment, etc. to input from a piece of paper what the electronic people send over the modem. The manual transactions need to be in the system. That is something that would be dealt with within the department in Minneapolis because though the facility is provided through APS there is no central pool for entering that data. By being a service provider, Minneapolis provides a service for each city and takes none of the regulatory authority and none of the obligation or responsibility from the city. If they took over some of the responsibility from the city, there would need to be a joint powers act agreement. The Planner wanted clarification on the fees. The pawn shop interested in the site in New Hope could generate in excess of 15,O00 transactions per year, because it would be in a good location and is an up-tempo store. The Minneapolis fee structure was driven by input from the large pawn dealers in Minneapolis. Dealers suggested keeping a high annual fee because they knew the projection of the billable transaction fee, and if there was a high annual fee, the billable transaction fee would be less. The annual fee is $2,500 in Minneapolis and that amount may be evaluated again in the next six months. When there is a billable transaction fee in place, you are able to quickly adapt to whatever the costs are and pass them through. The Planner raised the issue of whether or not a dealer could transfer some of the transactions to a municipality not using the APS in order to get by with fewer billable transactions. Lt. Hafvenstein answered that it could be possible, but the dealer would be in violation of the ordinance because business should be done at the location recorded and is not transferable. The biggest advantage to having the APS in place and proactively stopping thieves from coming through the door is that it gives investigators an opportunity to do some good proactive investigation as to whether dealers are accurately reporting what is coming in. An investigator can pull off the computer a random sampling of transactions from any given day and then go to the shop and check to be sure everything checks out correctly. Chairman Sonsin thanked Lt. Hafvenstein for sharing this information with the Commission. The Lieutenant added that he would be glad to help in any other way he can in the future. COMMITTEE REPORTS Design & Review Item 4.1 Commissioner Cassen reported the Design & Review Committee met twice with St. Therese because the first set of plans were not complete and the Commission would not have been able to move that item on to Council. Codes & Standards Item 4.2 Chairman Sonsin stated that Codes & Standards met and the results were presented at this meeting. There were a couple other items that were discussed. One being sales of outdoor plants/temporary greenhouses which would be left as is, and if staff ever does want to allow that, it would be subject to the same standards as the outdoor produce regulation with a very small stand only. It is not the desire of the Commission to have the small stands in competition with established businesses in the City. There was also a brief discussion on opinion signs. Code does not allow these signs at this time and it is the desire of Codes & Standards and staff to leave the ordinance as is. Chairman Sonsin wondered when the Planning Commission should forward all of the pawn shop information to the Council. Mr. McDonald Planning Commission Meeting 21 October 1, 1996 OLD BUSINESS Miscellaneous Issues replied that on the present schedule it would go to the Council in November and would probably be tabled until a work session. Mr. Sondrall stated that wOuld be his recommendation since the APS is not in operation yet. The City could justify another extension of the moratorium because the basis of the ordinance is for operation with the APS. Mr. Brixius added that as long as progress is made in completing the APS, the study is in place. Mr. Sondrall stated no one would challenge when the ordinance would go into effect if told the ordinance would go into effect when the APS is on line, which should be in a couple months, after which time the moratorium would be canceled and the ordinance would take effect. It was the consensus to go ahead with the public hearing in November. The City Attorney pointed out that a public hearing would not be needed for the pawn licensing ordinance because that is contained in Chapter 8, but the public hearing would be needed to decide where the pawn shops would be located. There was no discussion on miscellaneous issues. Commissioner Cassen commented that Council did not feel the seven-foot variance approved for 3532 Ensign set a precedent. Mr. Sondrall stated that you have to qualify whether you are setting a precedent or not based on when the applications come in and how you treat individual applicants, such as applicants being distanced by time. Most variances for side yard a rear yard setback cannot be justified under the statute as a hardshiip because they are all economically driven. Most of them are not related to the uniqueness of the property but are primarily related to a property owner wanting to overuse his property. Just because a variance was granted in the past, the City does have a right to enforce the zoning ordinance despite the fact that it was not enforced in the past. This does not prevent the City from enforcing it in the future. We don't totally emasculate the ordinance and basically dismantle it because we granted a variance in the past. It is not so much a legal issue as a fairness and policy issue. Commissioner Cassen expressed a concern to have Planning Commissioners and City Councilmembers take classes in planning and zoning issues so that they have an understanding as to why the rules and regulations and ordinances are the way they are, especially since there will be several new Councilmembers after the election this fall. Mr. McDonald stated that new Planning Commissioners do take classes after their appointment. Commissioner Cassen continued saying that the ordinances are in place for a reason and the citizens would only be hurt in the long run, for instance by allowing such a large variance. Things do change and ordinances do need to be reviewed from time to time. Chairman Sonsin suggested that maybe the Council and Planning Commission hold a joint session after the beginning of the year or possibly have someone come in for a training session. Mr. McDonald stated that City code does allow for a Councilmember to sit in on the Planning Commission. Even though Council has wanted the Planning Commission to be independent, having a Councilmember on the Planning Commission would lend some continuity between the two. NEW BUSINESS One correction to the Planning Commission minutes was pointed out and this will be corrected. ANNOUNCEMENTS Chairman Sonsin called attention to the old Ponderosa building and the Planning Commission Meeting 22 ' October 1, 1996 ADJOURNMENT fact that is looks more like an abandoned building with all the weeds on the property. Mr. McDonald replied that a notice has been sent out and that he would follow up on this. Chairman Sonsin reminded the Commissioners that the next meeting would be on Wednesday, November 6, in respect for two Commissioners running for office. For the 1997 schedule, the only conflict might be in November, which would be election day. He wondered if the Commission can still meet on Tuesday if there is not an election in New Hope. Mr. McDonald responded that staff would check on this when putting together the 1997 schedule. Chairman Sonsin stated he took exception to the statement by one Councilmember that she thought that the Commission had not driven by 3532 Ensign Avenue before the Planning Commission meeting to view the site. He asked for a show of hands from the Commissioners as to how many of them drove by 3532 Ensign Avenue and all of the Commissioners had driven by the site at least once and he asked that this be noted in the record. One of the Commissioners also lives within 350 feet and received a public hearing notice. Chairman Sonsin pointed out that Codes & Standards had discussed putting a blanket requirement in the code regarding property owners paying their property taxes before applying for a variance, building permit, etc. There was an interesting discussion at the last Council meeting about unpaid utility bills and felt this should also be included in the code. He felt this issue should be reviewed further next year. The Planning Commission meeting was unanimously adjourned at 10:00 p.m. Pamela Sylvester Recording Secretary Planning Commission Meeting 23 October 1, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES November 6, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani Stulberg, Svendsen Kirk McDonald, Management Assistant, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant, Sarah Bellefuil, Community Development Specialist CONSENT ITEMS There were no consent items presented. PUBLIC HEARING PC96-36 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, Request for Site/Building Plan Review/Approval and a Conditional Use Permit Amendment to Expand Veterinarian Clinic, 8119 Bass Lake Road, Bass Lake Pet Hospital/Dr. Richard Cameron, Petitioner. Mr. McDonald reported the petitioner is requesting site and building plan review/approval and a conditional use permit amendment to construct an addition onto an existing building. The Bass Lake Pet Hospital is proposing to construct a 46' x 20', 920 square foot, addition on the south side of the existing building. The existing building is 1860 square feet and the addition would increase the total building size to 2780 square feet. The property is located in an R-O, Residential Office, Zoning District at the southeast quadrant of Bass Lake Road and Wisconsin Avenue. Veterinarian clinics are allowed as a conditional use in this Zoning District, which is why the building addition requires an amendment to the existing conditional use permit. The original vet clinic was constructed in 1977 and a CUP was granted by the City for the use at that time. Surrounding land uses are single family to the east and south, R-1 single family and R-4 high density residential across Wisconsin Avenue and across Bass Lake Road to the north are R-4 apartments and Village Green Golf Course. The petitioner stated on the application that the purpose of the one-story addition is to add more dog and cat kennels, office, surgical room, break room and employee entrance. The petitioner met with staff on October 28. Property owners were notified. The property owner to the east, adjacent to the property in a single family home, came in to review the plans and did not have any problem with the expansion. Another neighbor came in to look at the plans and is in the audience. Mr. McDonald outlined the code requirements for a conditional use permit. The purpose of a CUP is 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, whether or not a similar use is already in existence and located on the same premises, effects upon traffic and any other factors deemed as a requisite. Other general criteria to be considered include: whether or not the use is consistent with the Comprehensive Plan, Planning Commission Meeting 1 November 6, 1996 compatibility with adjacent land uses, conformance with all applicable performance standards, and no depreciation in value. There are specific zoning criteria that should be considered for residential zones including non-residential traffic being channeled onto thoroughfares or onto a street abutting a business leading directly to thoroughfares, the proposed use would be sufficiently separated by distance or screening from adjacent residential land so existing homes will not be materially depreciated in value, and the structure and site should not have an appearance that would have an adverse affect upon adjacent properties. There are three other criteria for an R-O District which include street access, traffic flow and buffers. Mr. McDonald stated that the proposal meets the criteria. Staff feels the use-is consistent with the Comprehensive Plan, is compatible with adjacent land uses, the performance standards of the Zoning Ordinance have been complied with, the use would not depreciate the area along Bass Lake Road as the expansion should increase the values in the neighborhood, non-residential traffic would be channeled onto Bass Lake Road via Wisconsin Avenue, additional landscaping/screening is being proposed with the expansion, and due to the residential appearance of the existing building, the addition will aesthetically match the existing building and will not have an adverse effect upon adjacent residential properties. The Commission should take into consideration that this is an expansion of a use that is already in existence and the expansion would probably produce a nominal increase in passenger cars. Mr. McDonald informed the Commission of setback requirements and explained that the existing building and proposed addition meet the zoning setback requirements. The front yard abuts Wisconsin Avenue and the setback requirement is 35 feet with the proposed setback at 95 feet. The rear yard (east) setback is 35 feet. The north side yard along Bass Lake Road is 35 feet at the closest point, with the setback requirement along a thoroughfare at 35 feet. The requirement for the side yard to the south is 10 feet and the proposed setback would be 20 feet. Mr. McDonald reported that plans were submitted to the City Engineer for review and comment. The Department Heads reviewed the plans and the major issues discussed were parking, landscaping, outdoor dog walk area, building materials, security lighting and drainage. The Design & Review Committee met with the petitioner and discussed the same issues along with parking spaces, dog walk area, survey, retaining wall, snow storage, signage, trash enclosure, and County right-of-way. Revised plans were submitted as a result of that meeting. City Code requires 14 parking spaces and the revised plans included an improved parking lot design with 16 straight-in 90° parking spaces with a hammerhead area on the north end for cars to back out of the parking spaces. The lot meets all code requirements with stalls dimensioned at 8'9" x 19' and a 24' drive aisle. One handicapped parking space with ramp is provided at the southeast corner of the lot. The trash enclosure is shown on the Site Plan at the southeast corner of the parking lot. A future seven-foot right-of-way easement to Hennepin County is shown on the Site Plan. The Grading Plan shows B6/12 concrete curb and gutter for the parking lot. The Landscaping Plan shows the existing and new landscaping. New plantings would include two Dogwoods, three Spruce, two Juniper and three Honeysuckle. The existing ground sign is shown on the Landscape Plan and no new signage is proposed. Adjacent residential structures are shown on the plans. Corrections have been made to the elevation drawings to include windows on the west side of the building. The Planning Commission Meeting 2 November 6, 1998 building addition~'WO61d-b~e similar to the existing building. The gable roof and asphalt shingles of the addition would match the existing building. The existing building materials are an embossed concrete brick block with a pattern and a painted background. The contractor stated that these materials are no longer available, therefore, the west elevation and south corner of the building would be brick painted to match the existing building. The south and west elevations would be painted block to match the color of the building, but would not have the brick type texture. The addition would be trimmed in wood to match the existing building. There is an existing wall pack on the north side of the building that is controlled by a timer. The petitioner submitted correspondence stating they are proposing to install additional security lights over the existing east exit door and the two south doors of the proposed building, which is what the Police Department suggested. The City Engineer commented that this does not require review by the Shingle Creek Watershed District. The plans and grading have been revised so that a storm sewer is not necessary at this time. Staff feels that the petitioner addressed the concerns of the Design & Review Committee. The one concern of staff is that pets are not allowed in the dog walk area without supervision. Chairman Sonsin questioned whether platting should be required or not. Mr. Sondrall, City Attorney, replied that platting is not required for a conditional use permit. The Planner, Mr. Brixius, stated that as long as there is one owner and one use there would not be any concerns for platting. Dr. Richard Cameron, owner, and Mr. Edward Anderson, Olson General Contractors came forward to answer questions of the Commission. Mr. Anderson announced that the application was signed by Dr. Gary Gibbons and the ownership changed on November I when Dr. Cameron bought the business. Dr. Cameron has been operating the clinic for the past nine years. Commissioner Damiani called attention to the trash enclosure and wondered if there would be a gate on the front side of the enclosure. Mr. Anderson answered that the enclosure would have three sides and no gate so that the trash pick up would be easier. Commissioner Damiani pointed out that the City typically requires a gate. The gate could be removable or one that would swing open. Mr. Anderson stated that they could add either type, but that the removable gates seem to be a problem in winter. The trash containers in the enclosure are completely enclosed so it should not be an eyesore. An employee car would be parked in front of the enclosure during working hours. Commissioner Damiani emphasized that a gate would be required to screen this area from the adjoining residential area. Commissioner Damiani wondered whether the exterior lighting would be a sensor type or timer controlled. The petitioner stated he preferred a sensor light for security reasons, so if thece was any movement the light would come on. Commissioner Damiani next asked if the lot would be resurfaced and restriped after the work was completed and that this should be shown on the plans. Mr. Anderson responded that there would be parking stalls added along the west side of the lot. A utility/plumbing line would be cut through the existing lot so the lot would need to be sealcoated and striped when the work is completed. Commissioner Damiani questioned the location for snow storage and noted that this should be shown on the plan. The petitioner answered that there is a lot of room for snow storage and that the pattern of plowing may determine where it will go. The lot in the past has been plowed south Planning Commission Meeting 3 November 6, 1996 to north so snow probably would be stored on the north and/or west sides of the lot. Commissioner Landy asked Dr. Cameron how many animals are kenneled on the premises and how many more kennels are being proposed with the expansion. Dr. Cameron replied that they do not board animals. The kenneling would be mainly for an overnight stay after surgery and there could be up to 10 or 12 animals on that day. This expansion of kennel spacing would basically provide more room to move around. The addition adds a surgery room and a separate, enclosed radiology room. It is not anticipated that there would be much of an increase in the number of animals being serviced, the would just be more efficient with the services they are providing. They mostly service dogs and cats and an occasional rabbit, Commissioner Landy requested clarification from staff regarding the right- of-way along Bass Lake Road. Mr. McDonald stated that the County had indicated to City staff that at some time in the future when they would widen Bass Lake Road that they were interested in a seven-foot right-of- way. The petitioner was not agreeable to 'ded. icating it at this time, so staff asked that the right-of-way be shown on the Site Plan for future use. Chairman Sonsin confirmed with the petitioner that this would be a possible future need. Dr. Cameron expressed his concern in holding down unnecessary expenses at this time. Commissioner Oelkers questioned if the setback for the parking lot would be affected by the right-of-way. Mr. Brixius answered that the easement becomes the property line because the right-of-way extends onto the property. It should not affect the setback because there would be sufficient setback from the parking lot to accommodate the right-of-way easement line. Commissioner Cassen commented that the petitioner did a nice job in revising the plans. She suggested that the new plantings not be in the dog walk area and instead be around the fence on the outside. Chairman Sonsin asked if there was anyone in the audience concerning this case. Mr. Randy Jaques, 5621 Wisconsin Avenue, came forward to discuss his concerns regarding the trash enclosure and parking. Mr. Jaques asked for clarification regarding the right-of-way for Hennepin County and whether this meant there would be a curb cut onto Bass Lake Road. The Planner stated that it would not be likely that a direct access to Bass Lake Road would be approved. Chairman Sonsin added that the contour of the property is not conducive to allowing a curb cut and the City does not generally approve direct access onto County roads.' Mr. Jaques felt that aesthetically the building looks fine and suggested a few more plantings on the south side for screening from the adjacent residential home. MOTION Item 3.1 Motion by Commissioner Damiani, seconded by Commissioner Landy, to approve Planning Case 96-36, Request for Site/Building Plan Review/ Approval and a Conditional Use Permit Amendment to Expand Veterinarian Clinic, 8119 Bass Lake Road, Bass Lake Pet Hospital/Dr. Richard Cameron, Petitioner. 1. Escort or supervision required in dog walk area at all times. 2. Trash enclosure to include a gate on the front for screening purposes. 3. Snow storage to be shown on site plan. Planning Commission Meeting 4 November 6, 1996 4. Move new Dogwood from inside dog walk area to another area. 5. Annual review by staff to include review of parking Chairman Sonsin informed the petitioner that if parking spills onto the street, the City might request him to expand the parking lot on the pr°perty. Voting in favor: Voting against: Absent: Motion carded. Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani None Stulberg, Svendsen This planning case will proceed to the City Council on November 12, 1996. PC96-04 Item 3.2 Chairman Sonsin introduced for discussion Item 3.2 An Ordinance Amending Chapter 8 of the New Hope City Cod~ by Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers and An Ordinance Amending the New Hope Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District, City of New Hope, Petitioner. Mr. Brixius explained that there are two regulations being considered. First land use issues as far as zoning, and secondly the operation characteristics, which are dealt with in the licensing ordinance. Codes & Standards studied a variety of ordinances and saw that several other cities have adopted ordinances which have specific requirements such as spacing, buffering, separation, etc. In evaluating these codes the Committee could not find any information that justified any negative secondary impacts that would separate this use from any other retail or lending operation. During the adult use study, there were specific findings prepared by the Attorney General's office that stated the introduction of adult use had negative secondary impacts on surrounding properties. There was no information found that was pertinent to pawn shops. Consideration was given to whether pawn shops should be a conditional use permit or a permitted use. When looking at all of the information, pawn shops are legitimate businesses and have the same characteristics as other retail businesses or lending institutions. Codes & Standards concurred that the most appropriate zone would be the B-4 Zoning District, which is the most intense Zoning District allowing for a full range of commercial operations. The Committee and staff felt that the pawn shop would blend with existing uses and the B-4 District would provide adequate separation from lesser intense land uses. At the informal discussion in October, the issue of location was addressed. An inquiry had been received by the City regarding the old Ponderosa building on Bass Lake Road, which is zoned B-3. That site may be appropriate for this type of operation. It is in close proximity to commercial operations in New Hope and Crystal and may be an appropriate re-use of that building. There was some discussion whether pawn shops should be allowed in the B-3 District. The Planner stated that it is his opinion and the opinion of staff that rather than change the ordinance to allow pawn shops in B-3 Districts, which are generally smaller more confined sites, to possibly rezone this particular site to B-4. The advantage of rezoning this site would be that it would be geographically specific and would not expand to other areas. A question raised by a Commissioner at the informal discussion regarded the B-1 Zoning District and allowing coin and philatelic stores and whether this conflicted with the ordinance. In the Planning Commission Meeting 5 November 6, 1996 license provisions, there are certain exemptions from the precious metal dealers license, i.e. selling of coins and bullion or ingots, and therefore would not be in conflict with the B-1 District. The recommendation presented at this meeting is to allow pawn shops in the B-4 Zoning District as a permitted use. Mr. Sondrall explained that the purpose of the licensing ordinance is two- fold. The first would be crime prevention and the second would be consumer protection. These are two governmental purposes for why the City is implementing this ordinance. The ordinance would license pawn shops, and included under the requirements of the licensing provisions, are second hand goods dealers and precious metal dealers. The license provides for four separate fees to be charged as part of the license. There would be a non-refundable application fee of $500. There would be an investigation fee, which allows for the investigation of corporations or individuals. If the investigation occurs within the state, the investigation fee would be $1,500. If the investigation requires the Police Department to go outside of the state, the minimum would be $1,500 to a maximum of $10,000, based on the actual costs of the investigation. The ordinance provides for an annual license fee of $2,500,_ which was reduced from $12,000 in the draft ordinance. A billable transaction fee would also be implemented, which bills the licensee for transactions as they are made. The billable transaction fee would be either $2 or $3 per transaction. The difference between the two fees would be whether the transaction is reported utilizing the Automated Pawn System or reported manually. The billable transaction fee allows the City to recoup its costs for the expenses it incurs in regulating pawn shops, second hand goods dealers and precious metal dealers. Approximately 50 percent of the billable transaction fee would be the City's user fee and would be paid to the City of Minneapolis for the use of the Automated Pawn System. Mr. Sondrall continued by explaining the general license requirements that would be implemented by the City when the APS is in operation. The APS is a very thorough computerized data base collection system that would allow the Police Department to track every merchandise transaction that occurs in any pawn shop or second hand goods or precious metal shop. Every licensee would be required to transmit to the Police Department on a daily basis information about the various transactions that have occurred within the business. The ordinance would also require the licensee to inform the customer about the fact that the information is being provided to the Police Department. The customer would be made aware of the identification and photographic requirements and that this information would be transmitted to the Police Department. The purpose would be to let criminals know that pawn shops are not in business to facilitate the perpetrating of crime in the form of stolen property. Mr. Sondrall reviewed the changes that have been made as a result of the informal discussion with the Planning Commission in October. There have been some general licensing requirements imposed on the licensee. One of the requirements is that if there is any change in ownership by the licensee, whether a sole proprietor, partnership or a corporation, that this would require a new investigation of the new owner. A suggestion from the Commission at the last meeting was that a new investigation be completed only if there was a ten percent change in ownership, which seemed reasonable. However, the new state regulation on pawn shops and pawn licenses requires a new investigation whenever there is any change in ownership. Due to the fact that state regulations are minimum standards, the City could be more stringent than those regulations, but Planning Commission Meeting 6 November 6, 1996 the City cannot be less-stringent. Codes & Standards was concerned about some of the provisions of license eligibility, therefore a requirement was added that the licensee be of good moral character and repute, which is also a requirement of the state law. The ordinance also requires that the proposed licensee be a citizen of the United States or a resident alien. All of the holding periods were changed from 60 days to 90 days. The reqUirement for a weekly report was eliminated that required the itemization of various things, because the transactions would be reported to the Police Department on a daily basis. The requirement for pawn shops to make payment by check only was eliminated, which allows the pawn shops to pay cash for the transactions. The pawn shop is essentially a bank for the monetarily disadvantaged and it Would not make sense for this person to have to pay a fee to cash the check from the pawn shop. Regarding the difference in the billable transaction fee of $2 or $3, it is believed that if the computer system would go down and the transactions would need to be reported manually, the cost would increase somewhat, Chairman Sonsin asked whether any consideration should be given for a maximum amount of cash paid for any one. transaction, The thought behind the check was for tracking purposes and the person needing to provide identification when cashing the check, Mr, Sondrall stated that the petitioner or Police Department could probably better discuss this and inform the Commission of the average amount of a pawn transaction, Commissioner Landy asked whether there is a means of increasing the billable transaction fee if the cost to the City would increase, Mr, Sondrall replied that this fee could be increased at any time through an ordinance change by the City Council, The Police Department and Council would need to monitor the cost to the City regularly and adjust the fee when necessary, Commissioner Underdahl wondered whether the Automated Pawn System would really hinder burglars from pawning stolen merchandise in the pawn shops. The City Attorney stated he believes that this ordinance should have a deterrent effect on the crime problem. Assuming that pawn shops are a legitimate business, this ordinance will insure that the businesses in New Hope are doing everything they can to prevent laundered money and stolen property from coming through the businesses. The Planner added that the difference is that by entering into the APS, New Hope would be sharing information with other cities so that if a crime does occur the stolen merchandise can be tracked with other communities that are a part of the system. The APS would be a deterrent for criminals in New Hope because there are many communities not a part of the system and who have tracking capabilities. Mr. Sondrall added that the photographic identification of both the property and the person pledging the pawn and the fact that the pawn dealer is required to verbally tell the person as well as display this information in writing on the premises, would be another deterrent for pawning stolen property. Commissioner Underdahl called attention to the fact that with adult uses there was an increase in crime in the surrounding area and wondered if that would be true of pawn shops. Mr. Sondrall responded that there have not been any studies done to document any negative impact of pawn businesses. Lt. Phil Hafvenstein, Commander of the License Division of the Minneapolis Police Department which is spearheading the development and implementation of the Automated Pawn System, came forward to answer questions of the Commission. Lt. Hafvenstein stated that the City Planning Commission Meeting 7 November 6, 1996 of Minneapolis has estimated the cost for each billable transaction fee to be 95¢. He also stated that the benefit of the Automated Pawn System is the ability for participating communities to track merchandise that may be stolen with each other. The only other way for Police Departments to track this merchandise is through the National Information Computer System (NCIC). Because most communities have manual reporting systems, the information is not shared from one community to another and stolen merchandise can be pawned in another community without being traced. There have been two more communities that have joined together with Minneapolis' APS since New Hope joined. Regarding the issue of negative impact on communities with pawn shops, there has been no correlation documented between a pawn shop and an increase in crime. There is, historically, an association with poorer communities and the pawn industry and the relationship with the financially disadvantaged in these communities. Pawn shops serve a legitimate business function in this regard. The City of Minneapolis requires payment by check from second hand goods dealers and allows payment with cash from pawn dealers. The logic behind this is so a finance charge is not levied on the person cashing the check at another financial institution. Minneapolis has not studied the concept of paying by check over a certain dollar amount. At this time one of the two large pawn dealers does pay by check. Lt. Hafvenstein stated that all of the changes that have been made in the ordinance since the last meeting are good. Commissioner Keefe asked for clarification on the relationship between New Hope and Minneapolis through the APS. Lt. Hafvenstein responded that the Minneapolis Police Department would be providing a service to the subscribing communities. Minneapolis would collect the information from the transactions sent from the pawn shops and give it back to the New Hope Police Department along with all the information from every community that is a part of the Automated Pawn System. It would be a non-joint powers proposition. New Hope would be, in effect, a contract vendor taking advantage of a centralized computer system. Some communities may want to join APS on a viewer only basis if these communities do not have a pawn shop. Commissioner Keefe wondered if the ordinance is adopted and a pawn shop does not come into New Hope for several years, would the City still join on a viewer only basis. Mr. McDonald commented that New Hope has sent a Letter of Intent to join. Lt. Hafvenstein called attention to the fact that the billable transaction fee would be $2 if the failure of the APS would be the fault of the service provider. If the community's computer is at fault, the transaction fee would increase to $3 for the manual reporting. Commissioner Cassen asked about the range in value for pawned merchandise is and what the average transaction dollar amount. Mr. Bernard Brennan, area manager for Cash 'N' Pawn, came forward to answer questions of the Commission. He stated that from his experience the range in value can start at $5 and go as high as $25,000, which was for several Kodak computer printers at one of his shops (this was paid by check). Mr. Brennan stated that Cash 'N' Pawn pays by cash because they feel that it is a disadvantage for their customers to give them a check. The customer would then have to go to a check cashing establishment or a bank to cash the check. The majority of their customers do not have a bank account which is why they go to the pawn shop in the first place. Most check cashing establishments charge 10 percent to cash a check and Cash 'N' Pawn feels it is unfair to their customers to lose another 10 percent. The average loan is about $50 to Planning Commission Meeting 8 November 6, 1996 $55 and about 80 percent:~,;all loans .are for $100 or less. Cash 'N' Pawn operates 10 pawn shops in several markets with four shops in the Twin Cities area. They are interested in the old Ponderosa site on Bass Lake Road, Their plan is to open another six stores in the Twin Cities area within the next 12 months. Mr. Brennan stated that he received a copy of the ordinance and had a few items to discuss with the Commission, The first item was Section 8.344(5)(a) regarding a license .not being granted if the owner of the property being leased/rented is ineligible for a license, Mr. Brennan stated that they do not own the buildings in which they do business. They lease for five to seven year periods with options to renew. He questioned what would happen if the owner of the property would fail to meet all the requirements of the Code, since they do not know the backgrounds of all the property owners. Mr, Sondrall responded that if the property owner did not meet all of the requirements, the site would be ineligible for a license, Lt. Hafvenstein interjected that this verbiage is in the Minneapolis ordinance and is there specifically to disallow a strongman operation being fronted by someone else. Mr, Sondrall added that the ordinance is set up to only allow pawn shops in the B-4 District, where most of the locations would be shopping centers and not free-standing stores. Mr. Brennan next questioned Section 8.345(6) dealing with the holding period for pawnbrokers. He stated that this ordinance requires a 90-day holding period, whereas the cities of Fridley, Hopkins and St. Paul all have a smaller amount of time required for holding the goods before resale. There is a difference between items purchased and loans. Items purchased in Hopkins have to be held for 10 days from the date the transaction took place. The holding time for purchased items in Fridley is 30 days, which was just changed from 10 days. Cash 'N' Pawn holds all purchased items for at least 15 days, or longer if there is a request from the Police Department. St. Paul's ordinance states purchased items are to be held for a period of 30 days. Mr. Brennan asked the Commission to consider changing New Hope's ordinance to reflect a similar holding period. Lt. Hafvenstein pointed out that the State Statute requires a 60- day holding period. The City of Minneapolis had a 120-da¥ holding period and has since gone to 90 days for pawned items. The point that Mr. Brennan makes is legitimate in that the item that is pawned is pledged and the pawn shop cannot sell it to someone other than the pledger for a period of 90 days. The concept of buying the item and reselling it is different. Minneapolis has a 30-day hold on these items which was recently increased from 15 days. This allows adequate time for the Police Department to check on stolen items. Lt. Hafvenstein stated that 30 days is an adequate hold time for purchased products and 90 days is typical for pawned items. Chairman Sonsin asked Lt. Hafvenstein if he was familiar with the lO-day holding period that Mr. Brennan referred to and Lt. Hafvenstein stated that was the minimum amount of time but that 15 or 30 days was more common. Thirty days allows a little more time for the Police Department to track the items, especially when holidays and weekends are included in the time frame. The City Attorney and Commission concurred that a 30-day hold for purchased items would be incorporated into the ordinance, and that the hold for pawned items would remain at 90 days. Mr. Brennan continued with his review of the ordinance with Section 8.345(7)(e) regarding the receipt and the fact that the date and amount for the item pawned be written on the receipt. None of the other cities they operate in require Cash 'N' Pawn to do this. All of the cities have Planning Commission Meeting 9 November 6, 1996 slightly different requirements. When the State law went into effect on August 1, they tried to make the tickets unifOrm so that all of their locations were the same. This is one reason they went with the 30-day hold for purchased items and the 90-day hold for pawned items, even though the State Statute and not all of the cities require this time frame. Twenty percent of all loans during the year are forfeited and the merchandise is put up for sale. The pick-up ratio is about 80 percent and most loans are in the store for a period of 45 days. Mr. Brennan went on to explain their policy of redeeming the pawned items to the pledger and the time frame in which the pledger comes back to the pawn shop. Mr. Brennan asked that this section be removed from the ordinance. Chairman Sonsin pointed out that 8.345(7)(e) correlates with State Statute Section 4(1). Lt. Hafvenstein interjected that the maturity date in the State Statute was intended to be the ending date of the 60 day requirement of the State law. The ordinances of Minneapolis and St. Paul stated that the last regular day of business which the item must be redeemed by the pledger without risk that the item would be sold and the amount necessary to redeem the item on that date be printed on the receipt. Most pawns do not go the full 90 days, but this is the reality of the contract being entered into. It was the Consumer Advocacy Group that brought forward the changes to State law since they felt it was necessary to inform the pledger of the total finance charge due at the end of the holding period that the ordinance sets. The statement in the ordinance was included to show the pledger the maximum amount they would have to pay in order to redeem the pawn. Mr. Sondrall stated that there is some confusion in the State Statute referring to entries on pawn tickets. It indicated that at the time of the transaction the pawnbroker shall record, in a computerized record approved by the municipality, the date of the maturity and the amount due. In subdivision 2 it goes on to say what needs to be printed on the pawn ticket and this section does not indicate specifically that the maturity date and amount need to appear on the ticket. Chairman Sonsin maintained that subdivision 2 was additional verbiage that was needed to be on the ticket for 'the protection of the consumer doing the transaction, which is. over and above the data required. Mr. Sondrall emphasized that subdivision 2 clearly states that "the following shall be printed on all pawn tickets," whereas subdivision 1 states that "the pawnbroker shall immediately and legibly record in English the following information on a computerized record approved by the municipality." As part of the computerized record, the City could require the pawnbroker to print this information on the pawn ticket. Mr. Sondrall pointed out that the City can be more stringent than the State requirements so New Hope could require this information on the ticket, however State Statute would not require us to make the pawnbroker include this information on the printed ticket. Lt. Hafvenstein added that he felt the first section of the State Statute addressed the minimum information needed and the second part was additional information to be included on the ticket. The Minneapolis ordinance requires all the information. Lt. Hafvenstein stated he could appreciate the concerns of Mr. Brennan and the need to include the maturity date and amount for the full 90 days when most pawns do not extend beyond 45 days. Mr. Sondrall added that each municipality had its own ordinance and requirements, and in the future there might be some state guidelines for municipalities to be consistent with what is required. Mr. Brennan stated he did not remember this wording in the St. Paul ordinance. Lt. Hafvenstein expressed skepticism that it would have been left out of St. Paul's ordinance since St. Paul based their ordinance on the Minneapolis ordinance which includes this wording. Chairman Sonsin commented that at this time he felt the wording should remain in the ordinance. The City Planning Commission Meeting 10 November 6, 1996 Council may make additional changes when they study this issue. Mr. Brennan next reviewed Section 8.349(1)(b) and (d) regarding the possession of stolen goods and disclosing to the pledger the name of the purchaser. Before Mr. Brennan continued with this section, he briefly explained to the Commission his background and how he got involved in the pawn industry. He stated that the Cash 'N' Pawn stores more closely resemble a high-class retail store than a pawn shop. They work closely with the Police Departments in all the communities that they operate a pawn shop. As a company, they work with the police if they think that the pledger is bringing in stolen merchandise and have been responsible for a lot of stolen merchandise being recovered. The reality is that there is nothing that anyone can do to eliminate stolen merchandise from being pawned, The national statistic of stolen goods in pawn shops in America that is recovered in pawn shops is one tenth of one percent. The Automated Pawn System is a wonderful idea because it will find more stolen merchandise. Mr. Brennan stated that there are signs in all of his stores that say they report everything to the Police Department daily. Chairman Sonsin stated that this ordinance is being drafted to be pawnbroker neutral. Someone may apply to the City who is a legitimate business and there may be someone apply who is not legitimate. Mr. Sondrall pointed out that the statement in the ordinance "possess stolen goods" means intentionally possessing stolen goods and Chairman Sonsin suggested changing the wording as such. Mr. Brennan next commented on (d) of the same section regarding disclosing to the pledger the purchaser's name and the purchase price. He believed this infringed on the right of privacy of anyone who buys anything in a pawn shop. The ordinances for Fridley, Hopkins, Brooklyn Center, St. Paul and probably Minneapolis, state that the requirement for any sale over $75 is to get the name, address and telephone number of the person purchasing the item and for the pawn shop to keep it on file. A worst case scenario would be that the pledger did not come back within the 90-day holding period, the item was sold, and then the pledger came back and demanded the name of the person who purchased the item. Under this ordinance, the pawn shop would be required to provide this information. The pledger then could go to the purchaser's home and demand they give the item back. Mr. Brennan stated that they keep the name and address of all purchasers over $75. The ordinance for Hopkins states under the disposition of articles: "When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, the interest and charges accrued and the amount for which the article was sold and in the case of items sold for more than $75, the name, address and telephone number of the purchaser." Fridley's ordinance is similar except the amount is $100. He felt that this wording should be changed to reflect something similar to the ordinance of Hopkins or Fridleyo Chairman Sonsin asked staff where this wording came from. Lt. Hafvenstein said he could not find similar language in the Minneapolis ordinance, however this is not unique language. The State Statute says "Any personal property pledged to a pawn broker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal or extension. No further notice is necessary." Mr. Sondrall pointed out that an individual who does not redeem a piece of property within the allotted period loses all title and right to the property. It does not make a lot of sense that the pawn shop dealer be required to disclose to the pledger, who has given up his right to the property, the identity of the person to whom the item was Planning Commission Meeting 11 November 6, 1996 sold. The pawnbroker should still be required to collect this information, but it should not be mandatory that the pledger needs to have this information. The Commission and staff concurred that subsection (1)(d) should be removed from the ordinance. Lt. Hafvenstein informed the Commission that the APS purges the information from the system after the allotted holding period. Commissioner Underdahl questioned whether the name, address and phone number then needed to remain on file. This was confirmed, however disclosure was the issue with this. Mr. Sondrall stated he wasn't sure if the pawnbroker needed to keep this information on file because the APS purges the information after 90 days. Lt. Hafvenstein interjected that no identification information is requested for people who buy products from a pawn shop because the only product they could buy is something that has been held for the 15 or 30-day period or something that has come out of pawn 60 or 90 days out. As long as the product is sold after the legal time limit, it does not matter who bought the merchandise. Mr. Sondrall added that by not keeping track of all of the purchasers, there would be some finality to the transaction. Mr. Brennan suggested that the ordinance more clearly define a police hold Section 8.345(5) because as stated in the ordinance an item could stay on hold forever. All the other ordinances, including Minneapolis, have a specified period of time for the police hold. Lt. Hafvenstein stated that police holds are defined into categories including an investigative hold, which is 15 days and has to be confirmed in writing within 72 hours and a police hold, which is 90 days and can be renewed every 90 days. Mr. Sondrall suggested that New Hope adopt the verbiage from the Minneapolis ordinance. Commissioner Land¥ pointed out that the annual license fee as stated in the ordinance is $25 instead of $2,500 and this would be corrected. Mr. $ondrall wondered whether the proposed changes should be brought back to the Commission or presented to the Council and it was the consensus of the Commission to move the ordinance forward. Commissioner Underdahl questioned how Cash 'N' Pawn determines the locations for the pawn shops. Mr. Brennan responded that locations are based on demographics and income levels of $36,000 - $38,000 or more. Commissioner Oelkers questioned why pawn shops are allowed and not billiard halls. Chairman Sonsin replied that the state regulates pawn shops. Mr. Sondrall added that the City allows billiard halls, but that particular petitioner withdrew the application. Chairman Sonsin questioned whether there should be one or two motions and Mr. Sondrall replied there should be three motions: to close the public hearing, to approve the rezoning ordinance and to approve the licensing ordinance. Motion by Commissioner Underdahl and seconded by Commissioner Cassen to close the public hearing. All approved. Motion carried. Chairman Sonsin emphasized that the Commission would be voting on a generic ordinance and it does not refer to any specific piece of property nor does it refer to any specific operator of such businesses. MOTION Motion by Commissioner Landy, seconded by Commissioner Keefe, to Item 3.2 approve Planning Case 96-04, An Ordinance Amending Chapter 8 of the Planning Commission Meeting 12 November 6, 1996 New Hope CitY Code by' Establishing Licensing Regulations for Pawnbrokers, Precious Metal and Second Hand Goods Dealers, City of New Hope, Petitioner, subject to the changes discussed at this meeting. Voting in favor: Voting against: Absent: Motion carried. Keefe, Landy, Underdahl, Sonsin, Cassen, Oelkers, Damiani None Stulberg, Svendsen MOTION Item 3.2 Motion by Commissioner Landy, seconded by Commissioner Cassen, to approve Planning Case 96-04, An Ordinance Amending The New Hope Zoning Code by Establishing Pawn Shops as a Permitted Use in the B-4 Zoning District, City of New Hope, Petitioner. Voting in favor: Voting against: Abstain: Absent: Motion carried. Keefe, Landy, Sonsin, Cassen, Damiani Oelkers Underdahl Stulberg, Svendsen This Planning Case will proceed to the City Council on November 25, 1996. Chairman Sonsin suggested that Mr. Brennan contact staff before the meeting whether or not his presence is required at the meeting. COMMITTEE REPORTS Design & Review Item 4.1 Commissioner Cassen reported the Design & Review Committee met with the Pet Hospital. Codes & Standards Item 4.2 Chairman Sonsin reported that Codes & Standards did not meet in October and would not be meeting in November or December. Codes & Standards will meet on January 24 to discuss a proposed ordinance related to DNR Shoreland and a proposed ordinance relating to the regulation of antennas and towers. He suggested finding out if the City is interested in pursuing an ordinance requiring petitioners being current on both property taxes and utilities bills before submitting an application for a variance, CUP, etc., and include a sunset provision in this ordinance. He also suggested consideration of an ordinance regulating political lawn signs. Commissioner Landy questioned whether Codes & Standards would be in violation of the open meeting law with Commissioner Underdahl back from her leave of absence on the Committee. Chairman Sonsin replied that Commissioner Underdahl is a member-at-large, and this will need to be discussed in the next couple of months. OLD BUSINESS Miscellaneous Issues There was no discussion on miscellaneous issues. NEW BUSINESS Planning Commission minutes were approved as written. Chairman Sonsin asked if there were any new applications for the December meeting and Mr. McDonald replied that there is one code change on the December agenda at this time. ANNOUNCEMENTS Chairman Sonsin stated that there would be a small celebration with cake and coffee in honor of the two candidates, Commissioners Cassen and Planning Commission Meeting 13 November 6, 1996 ADJOURNMENT Underdahl, who ran for office during the election. The Planning Commission meeting was unanimously adjourned at 9:10 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary Planning Commissiqn Meeting 14 November 6, 1996 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES December 3, 1996 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; Chairman Sonsin called the meeting to order at 7:00 p.m. ROLL CALL Present: Absent: Also Present: Keefe, Landy, Stulberg, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen None Kirk McDonald, Management Assistant, Sarah Bellefuil, Community Development Specialist Alan Brixius, Planning Consultant, CONSENT ITEMS There were no consent items presented. PUBLIC HEARING PC96-37 Item 3.1 Chairman Sonsin introduced for discussion Item 3.1, An Ordinance Amending the New Hope Code by Permitting Two Family Dwellings Within the R-3 and R-4 Zoning Districts, City of New Hope, Petitioner. Planning Consultant Alan Brixius pointed out that the Stuhr property, which is zoned R-4, has had a history of development requests. At the present time there is a request for a twinhome on the petitioner's property located at 5641 Wisconsin Avenue. The size of the site is approximately 21,000 square feet with a 98-foot width, and is located on the southwest quadrant of Wisconsin Avenue and Bass Lake Road. The narrow access to the site on Wisconsin Avenue complicates the site design. As late as' 1988 there was consideration of a seven-unit apartment building on this site. Staff feels that the twinhome concept is an appropriate use of the site based on the size, location, and constraint of the site. Mr. Brixius explained that two options were available. The first was to amend the R-3 District and have the use roll-over to the R-4 District to allow twinhomes in this District. The second would be rezoning the site. Staff feels that the twinhome use in the R-4 was appropriate since the use is similar in character to a townhome and has the same medium density characteristics, which would be five to ten units per acre according to the Comprehensive Plan. As far as the application throughout the community, tf~ere are numerous R-3 and R-4 Districts, but after reviewing these Districts with the Building Official, there are no other vacant sites other than the Stuhr property that would be immediately available. In most cases the R-3 and R-4 properties are developed to the maximum density. If the Code text would be amended it would basically address the Stuhr property and proposed development. With respect to rezoning, it is staff's opinion that there was a mistake in the past in that the site is not of a size and location capable of handling anything more intense than a twinhome. Staff would recommend an amendment to the R-3 District rather than rezoning. A single lot rezoning can create some problems as far as land use compatibility and proximity, and staff does not feel that the zoning amendment allowing a twinhome in the R-3 and R-4 District would be inappropriate. Commissioner Keefe wondered why the Multiple Family section of the Planning Commission Meeting 1 December 3, 1996 Code would be amended rather than including a separate section relating to twinhomes. Mr. Brixius stated that there needs to be some separation of uses in residential districts rather than rolling all uses into one which can present some compatibility concerns. The proposed amendment relates specifically to one property and staff does not see it being applied elsewhere within the R-3 or R-4 Districts. The simplest and easiest way to accommodate this use would be to add two family uses into the medium density district and the R-3 is a medium density residential district. Twinhomes, as defined in the Comprehensive Plan, fit into this district and are in character with other medium density housing types. MOTION Item 3.1 Motion by Commissioner Landy, seconded by Commissioner Svendsen, to approve Planning Case 96-37, An Ordinance Amending the New Hope Code by Permitting Two Family Dwellings Within the R-3 and R-4 Zoning Districts, City of New Hope, Petitioner. Commissioner Cassen questioned why the foundation for the twinhome is already in place at the site on Wisconsin Avenue. Mr. McDonald answered that the City Manager had approved the request. The Stuhrs toured the 'twinhomes built by the City, they liked the designs, and obtained a copy of the blueprints. The error in the Code was discovered at the time the Stuhrs came in to apply for the building permit. Staff had assumed that an R-2 use rolled over into the R-3 and R-4 zone. At that point the City Manager was asked whether the twinhome should be put on hold until the Code was amended, and he felt that since this was clearly an error in the Zoning Code, the project could proceed. Commissioner Oelkers wondered what would happen if the Planning Commission did not approve the amendment. Mr. McDonald stated that the amendment would move forward to the City Council. Chairman Sonsin added that the Council had the power to override the decision of the Planning Commission. It was the consensus of the Commission that the twinhome would be a good use for the property. Voting in favor: Keefe, Landy, Stulberg, Underdahl, Sonsin, Cassen, Oelkers, Damiani, Svendsen Voting against: None Absent: None Motion carried. This planning case will proceed to the City Council on December 9, 1996. COMMITTEE REPORTS Design & Review Item 4.1 Commissioner Cassen reported the Design & Review Committee did not meet in November. Mr. McDonald stated that the application deadline for January is not for another week and one-half. At this time there are no pre-application meetings scheduled and, therefore, there may not be a January Planning Commission meeting. Codes & Standards Item 4.2 Chairman Sonsin reported that Codes & Standards did not meet in November and would not meet again until January 22. Items to be discussed would include the DNR Shoreland ordinance, cable towers, unpaid property tax/utility bills and political campaign signs. OLD BUSINESS Miscellaneous Issues There was no discussion on miscellaneous issues. Commissioner Oelkers asked about the status of the Lasky development. Planning Commission Meeting 2 December 3, 1996 NEW BUSINESS ANNOUNCEMENTS ADJOURNMENT Mr. McDonald reported that the project is on hold. Mr. Lasky had requested TIF assistance from the City, the Council gave concept approval, and then Mr. Lasky contacted City staff and asked that the project be put on hold because Car-X withdrew. Mr, Lasky is seeking another use for the property. Commissioner Oelkers stated that there is a new "build to suit" sign on the property. Planning Commission minutes were approved as written. Chairman Sonsin pointed out that there would be one vacancy on the Commission in January due to the fact that Commissioner Cassen would be moving on to the City Council. Commissioner Underdahl's term expires at the end of 1996 and she stated she would like to be re-appointed. Chairman Sonsin asked about the time frame for appointing new Commissioner. Mr. McDonald stated that Commission openings would be advertised in the newspaper in December and that Council could then interview candidates in January. Chairman Sonsin stated that if there are no planning applications for January and there is no meeting, officers will be elected at the February meeting and committee assignments would be completed at that time. Mr. McDonald reminded the Commission that Bob Gundershaug had resigned at the end of 1995 and about the same time was in a serious automobile accident. He had served for 20 years on the Planning Commission and for most of those years was the Chair of Design & Review. He was Chairman of the Planning Commission during 1995. The Council passed a resolution honoring him at the beginning of 1996, but because of his slow recovery had not made a special presentation to him at a Council meeting. The presentation of a watch will be made by Mayor Ed Erickson at the beginning of the December 9 Council meeting and Commissioners are encouraged to attend. The Planning Commission meeting was unanimously adjourned at 7:14 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary Planning Commission Meeting 3 December 3, 1996