Loading...
120313 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES December 3, 2013 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Svendsen called the meeting to order at 7:00 p.m. ROLL CALL Present: Jim Brinkman, Mikel Dumonceaux, Wade English, Greg Gehring, Jeff Houle, Sandra Hunten, Roger Landy, Christopher McKenzie, Ranjan Nirgudé, Tom Schmidt, Steve Svendsen Also Present: Curtis Jacobsen, Director of Community Development, Jeff Sargent, Community Development Specialist, Steven Sondrall, City Attorney, Alan Brixius, Planning Consultant, Debra Somers, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING Chair Svendsen introduced Item 4.1, Planning Case 13-10, request for Planning Case 13-10 Comprehensive Sign Plan and site review for the remodel of Domino’s Pizza, Item 4.1 2720 Winnetka Avenue North, Eric Stadtherr, petitioner. Mr. Jeff Sargent, community development specialist, introduced planning case 13-10 which is a request for a Site Plan Review and a Comprehensive Sign Plan for Domino’s Pizza at 2720 Winnetka Avenue North. He stated a site plan review is required when modifications of or additions or enlargements to a building occur. He stated a comprehensive sign plan is needed for multi-tenant commercial buildings to ensure a consistent design for signs. He reviewed the zoning code references for the site plan review and comprehensive sign plan. Mr. Sargent indicated the property is currently zoned CB, Community Business and is located at the northeast corner of Medicine Lake Road and Winnetka Avenue North. He reported the adjacent land uses are Residential-Business to the north, High Density Residential to the east, and Commercial to the west and south. He stated Planning District 16 guides this site for commercial land uses. Mr. Sargent reported the applicant is currently located in the Midland Shopping Center. He stated Domino’s Pizza would utilize one-third of the building space at 2720 Winnetka and would lease the remaining two tenant spaces to other users. He explained the applicant intends to upgrade the appearance of the building by replacing brick with decorative stone veneer and EFIS panels, repainting the remainder of the building to match the new materials, and extending the front glass to the ground. He stated the property grounds would be upgraded by resurfacing and restriping the parking lot, constructing a trash enclosure, replacing the pylon sign, installing landscaping along the Winnetka Avenue sidewalk, fixing the perimeter fence, and installing a bicycle rack. Mr. Sargent stated a site plan review is needed to ensure there is adequate parking for the property and to make sure the proposed building materials are consistent with the New Hope Design Guidelines. He stated the change in property use triggers the need to review parking calculations, and the applicant could either assume the retail/shopping center ratio of 1:200 (20 required parking spaces) or use square footage estimates based on use areas for the proposed restaurant (41 required parking spaces). He noted the site plan reflects a total of 54 on-site parking stalls which meets the minimum requirements. Mr. Sargent reviewed the building materials and color schemes. Next he reviewed the site circulation and traffic and noted Domino’s Pizza delivery personnel and employees would park in the back and access the building from a rear door. He stated movement of delivery traffic should not conflict with patrons accessing the front doors. Mr. Sargent stated although the applicant was not required to submit a landscape plan, the applicant does intend to upgrade the landscaping along the Winnetka Avenue sidewalk with decorative concrete and planters. He also reported the existing rooftop units will be screened from view, and a new trash enclosure will be constructed to match the renovated building. Mr. Sargent illustrated building elevations and the proposed pylon sign which incorporates an electronic message board. He stated the new pylon sign is a double pylon sign that will have two posts instead of a single post. The sign will be about twenty feet tall, and each tenant will have their individual space with the electronic message board sign located at the bottom of the sign. Mr. Sargent stated no hearing notice notifications are required for a Site Plan Review request. Mr. Sargent stated staff recommends that the Planning Commission recommend approval of the Site Plan Review and Comprehensive Sign Plan with the following conditions of approval: 1.A detail of the proposed screen fencing around the rooftop equipment must be provided. 2.The parking lot must be striped. 3.A detail of the trash enclosure must be provided with elevations indicating the building materials. 4.The existing perimeter fence must be repaired. 5.A detail of the planters and decorative concrete treatment along Winnetka Avenue must be provided. 6.Lighting at the rear of the building must be 90 degree cutoff lighting as to not impact adjacent residential properties. 7.The site plan must be revised to show the location for the new multi- tenant sign that meets the required ten-foot setback from the property line. 8.Sign permits must be obtained for all site signage. Planning Commission Meeting 2 December 3, 2013 9.The new electronic reader board sign must comply with the signage regulations as outlined in Section 3-50 (k)(3)f of the Sign Code. Mr. Sargent reported staff and representatives for the applicant are present to answer any questions. Commissioners Brinkman, Hunten and Nirgudé questioned the positioning of the sign on the property and the bicycle rack in the same location. It was noted the sign would not block vehicular traffic and the sign would be visible to vehicles traveling northbound and southbound. Mr. Sargent indicated the new bicycle rack would be installed underneath the new pylon sign. Mr. Sargent stated all the parking lot and landscaping work would not be done until the spring of 2014. The applicant stated they would do the renovations in a timely and weather-friendly fashion. Chair Svendsen requested the petitioner to address the Commission. Mr. Eric Stadtherr, 809 Southeast Third Street, Palmer, Minnesota, acting as representative for Domino’s Pizza and Kaukauna Properties in Minnesota, was recognized. Mr. Stadtherr stated he would like to purchase this property and update the property. Chair Svendsen and Commissioner Houle questioned the photometric plan which showed about 3-1/2 foot candles at about 1-1/2 to 2 feet from the property line. Mr. Al Brixius, city planner, explained that the outdoor lighting ordinance does recognize existing conditions and gives the applicant some grandfather rights under the current conditions. He stated most of the light fixtures are existing lights. Mr. Brixius indicated he is working with the applicant regarding the 90 degree cutoff lights by reducing clarity of the luminary cast toward the joint properties. It was noted the lights are hooded and shielded providing downcast lighting. He also noted the applicant is complying with required lighting for sidewalk areas. A discussion took place with Chair Svendsen, Commissioner Brinkman and Mr. Stadtherr concerning the materials for the base of the new sign. Chair Svendsen suggested Mr. Stadtherr provide the city with the full name of the proposed product. Chair Svendsen questioned the landscape plans for Winnetka Avenue. The applicant explained he plans to install decorative, stamped concrete the width of the parking lot and installing flower planters every fifteen to twenty feet. He Planning Commission Meeting 3 December 3, 2013 noted the contractor will seek authorization from Hennepin County to allow concrete to butt up to the existing sidewalk from the property line. A discussion ensued about using a pervious material in this area instead of the decorative concrete. Mr. Stadtherr noted he believes the concrete would require less maintenance. Mr. Stadtherr expressed concerns regarding potential vandalism of pedestrian traffic along Winnetka Avenue. Commissioner Brinkman asked if there would be any outdoor dining at this location and was advised there will not be any at this location. Commissioner Nirgudé asked if the there would be new equipment added to the rooftop equipment already in place. Mr. Stadtherr stated the existing equipment on the roof will be replaced due to its deteriorated condition. Commissioner Nirgudé inquired of the size and frequency of delivery trucks. Mr. Stadtherr indicated that a semi truck comes twice per week at 4:30 am to deliver food to the restaurant. There was no one else in the audience who wished to speak at the public hearing. Motion by Commissioner Landy, seconded by Commissioner Houle, to close the public hearing. All voted in favor. Motion carried. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, to Item 4.1 approve Planning Case 13-10, request for Comprehensive Sign Plan and Site Plan Review for remodeling of Domino’s Pizza, 2720 Winnetka Avenue North, subject to the following nine conditions: 1.That a detail of the proposed screen fence around the rooftop equipment must be provided; 2.The parking lot must be striped; 3.A detail of the trash enclosure must be provided with elevations indicating the building materials; 4.The existing perimeter fence must be repaired; 5.A detail of the planters and decorative concrete treatment along Winnetka Avenue must be provided; 6.Lighting at the rear of the building must be 90 degree cutoff lighting as to not impact the adjacent residential properties; 7.The site plan must be revised to show the location of the new multi-tenant sign that meets the required ten-foot setback from the property line; 8.Sign permits must be obtained for all site signage; and 9.The new electronic reader board sign must comply with the signage regulations as outlined in our Sign Code. Voting in favor: Svendsen, Brinkman, Dumonceaux, English, Gehring, Houle, Hunten, Landy, McKenzie, Nirgudé, Schmidt Planning Commission Meeting 4 December 3, 2013 Voting against: None Absent: None Motion approved. Chair Svendsen stated that the City Council would consider this planning case at its December 9 meeting and asked the petitioner to be in attendance. Planning Case 13-09 Chair Svendsen introduced Item 4.2, Planning Case 13-09, request for rezoning Item 4.2 and Comprehensive Plan Amendment 9390 and 9398 27th Avenue North, Aaron Baruch, petitioner. Mr. Jeff Sargent, community development specialist, stated planning case 13-09 is a request for rezoning and of the properties located at 9390 and 9898 27 th Avenue North from LB, Limited Business to R-O, Residential Office; and Comprehensive Plan Amendment to re-guide the properties from commercial to high-density residential. Mr. Sargent reported the zoning district classification is currently LB, limited business, and the proposed zoning is R-O, residential office. He stated the properties are located at the northeast corner of Hillsboro Avenue North and 27th Avenue North. He stated the adjacent land uses include high-density residential to the north and west, medium-density residential to the east, and the city of Golden Valley to the south. He stated the area is located in Planning District 14 of the city’s comprehensive plan which guides this site for commercial land uses. Mr. Sargent reported the applicant has purchased the property at 9398 27th Avenue North with the intent of constructing a 21-unit apartment building on the site. He stated the site is currently occupied by a single-family house. The current Limited Business zoning classification does not allow for high-density residential. He stated the Comprehensive Plan guides the area for commercial and requires an amendment to allow for the proposed use. Mr. Sargent illustrated to the Planning Commission possible site plan and building elevations as an example only. Mr. Sargent reminded the Commission that the applicant is not seeking site plan approval at this time. Mr. Sargent reported the Planning Commission and City Council must consider the following factors when approving a rezoning request: 1. The character of the area has changed to warrant consideration of an amendment. The findings show that the surrounding area has been developed into medium and high-density residential uses. The shopping center to the south which is in the City of Golden Valley is marginal with an unusual mix of tenants and vacancies. He noted this supports the idea that commercial uses on the subject property may not be the best use and may not prosper well in the area. Planning Commission Meeting 5 December 3, 2013 2. The proposed action has been considered in relation to the specific policies and provisions and has been found to be consistent with the official city Comprehensive Plan. The findings show the Comprehensive plan guides this area for commercial use, and the proposed use of the land as high-density residential is not consistent with the Comprehensive Plan. He noted the Comprehensive Plan would need to be amended to accommodate a high-density residential use. Mr. Sargent stated amending the Comprehensive Plan for high density residential would be consistent with two housing goals: 1) provide a variety of housing types, styles and choices to meet the needs of New Hope’s changing demographics; and 2) maintain and enhance multiple family residential neighborhoods. Mr. Sargent stated the applicant indicated the proposed apartments would be market-rate with higher-end amenities, providing a different option than what is available in the area. He also reported the multiple family neighborhood would be enhanced by a new housing complex. Mr. Sargent reviewed the site plan and noted the property of 9398 27 Avenue is th 35,154 square feet in area. The R-O Zoning District would allow for up to 1 unit per each 2,200 square feet of land. He stated the calculations would permit the applicant to construct a 16-unit building. He noted the applicant is proposing a 21-unit building. Mr. Sargent stated that the zoning code allows a 20% density bonus increase if the property includes items such as durable exterior building material, underground parking, the incorporation of a recreational area (indoor or outdoor), and is located within 300 feet of a public transit. He pointed out that even with the bonus the applicant would only be allowed 19 units on the property. He stated the applicant has requested staff to review a possible text amendment that would increase the density allotments in some residential districts. He explained that staff will discuss this issue with the Codes and Standards Committee on December 10. Staff will get feedback from that committee to see if this should be presented to the Planning Commission for further consideration. Mr. Sargent noted when considering rezoning it is necessary to ensure the existing business (State Farm Insurance) at the 9390 property does not become non-compliant. He stated the State Farm office use would be a permitted use in the R-O zoning district. Mr. Sargent informed the Commission that the applicant has expressed interest in purchasing the State Farm property with the possibility of building on that property also. Mr. Sargent stated property owners within 350 feet were notified by mail and a public hearing notice was published in the SunPost. Staff has received no phone Planning Commission Meeting 6 December 3, 2013 calls or objections regarding this proposal. Mr. Sargent stated staff recommends that the Planning Commission recommend approval for rezoning the properties located at 9390 and 9398 – 27th Avenue from LB, Limited Business to R-O, Residential Office. He indicated staff felt it was prudent to include the property located at 9390 – 27th Avenue in the rezoning request in order to maintain zoning consistency in the area. He stated staff also recommended that the Planning Commission recommend approval for a Comprehensive Plan Amendment for the properties located at 9390 and 9398 – 27th Avenue to re-guide the properties from commercial to high-density residential. Commissioners Schmidt, Houle and Hunten asked if this was the same location where the SuperAmerica was denied a while back. Mr. Brixius indicated it was denied due to a variety of issues such as lighting issues, size, traffic and other gas stations in the area. Commissioner Houle questioned if staff contacted the property owners at 9390 – 27th Avenue and whether the owners are aware of or in support of this proposal. Staff indicated the contact the city had was through the notification process and the SunPost which is required by State law. Staff reiterated that the city would not be making the property non-conforming by rezoning it. Commissioners Hunten, Landy, Chair Svendsen and Mr. Brixius discussed the notification to the owners at 9390 27th Avenue and the size criteria for 19 or 21 units. Mr. Brixius stated the density issue will be referred to the applicant, and the Planning Commission will eventually consider the site plan. He noted it is prudent to change the zoning of the properties. Chair Svendsen asked the petitioner to address the Commission. Mr. Aaron Baruch, 9705 29th Avenue North, was recognized and offered to answer any questions. Commissioners Landy and Houle questioned the petitioner’s plans for a 19-unit apartment versus a 21-unit apartment and asked for an update regarding purchasing the other property. Mr. Baruch stated his goal is to construct up to a 21-unit complex if it fits within the city guidelines. He stated his intention of contacting the owners of 9390 27th Avenue. He stated the property is currently for sale, and the owners are aware the property may be rezoned. There was no one else in the audience who wished to speak at the public hearing. Motion by Commissioner Landy, seconded by Commissioner Houle, to close the public hearing. All voted in favor. Motion carried. Planning Commission Meeting 7 December 3, 2013 Chair Svendsen noted rezoning of the parcels will benefit the city as it will offer broader options for future development. Commissioner Houle commented that in the past the Council has not been in favor of higher density. Chair Svendsen mentioned the Met Council is promoting higher density. Commissioner Houle expressed concern that staff did not directly contact the owners of 9390 27th Avenue regarding the potential rezoning issue. Mr. Curtis Jacobson, director of community development, stated the applicant had prior conversations with the owner. He noted the owner was mailed the official legal notice from the city. Motion by Commissioner Landy, seconded by Commissioner Gehring, to approve Planning Case 13-09, request for Rezoning and Comprehensive Plan Amendment 9390 and 9398 – 27th Avenue North. Voting in favor: Dumonceaux, English, Gehring, Hunten, Landy, McKenzie, Schmidt, Svendsen, Brinkman Voting against: Houle, Nirgudé Absent: None Motion approved. Chair Svendsen stated that the City Council would consider this planning case at its December 9 meeting and asked the petitioner to be in attendance. Planning Case 13-08 Chair Svendsen introduced Item 4.3, Planning Case 13-08, an ordinance Item 4.3 amending the New Hope Zoning Code defining driveway and regulating driveway surfaces and exterior storage surfaces. Mr. Sargent explained the city does not currently require paved hard surface driveways within its R-1, Single Family and R-2, Single and Two Family Residential Districts. He stated staff has concerns related to neighborhood design, runoff from gravel driveways, and motor fluids being absorbed into the ground. He stated the Codes and Standards Committee met on this on April 10, 2013, and determined some ordinance changes were appropriate. He reviewed the amendments: 1. The first ordinance change provides a definition for driveways in Section 4.2. 2. The second amendment will require hard surface driveways for all lots within the city of New Hope. Driveway design standards would be outlined for both the sub-base and surfacing. 3. The third amendment addresses front yards and side yards abutting a street for exterior storage. It would require paved surfaces for storage of recreational vehicles on the street side of any home. These changes will only be applied with new construction or when a driveway Planning Commission Meeting 8 December 3, 2013 permit is requested for an alteration or expansion. There are legally non-conforming properties that the city has to be aware of. He stated if someone currently has a gravel driveway they can improve that driveway as far as adding more gravel on it. If they would come in for a driveway permit to widen or change it, the city would require that driveway at that point to be a hard surface driveway. Commissioner Houle asked what situation would cause the third amendment to take effect. Mr. Sargent stated a resident that is currently in compliance with storing their recreational vehicle on the side of their property could continue to store it in the same location until they came in to the city to request a permit for a hard surface for any particular reason. At that point the resident would need to put in a hard surface driveway. Various scenarios of RV parking were discussed. Mr. Brixius stated the city is setting a standard for all new construction that anything new has to meet the hard surface driveway criteria. He stated if a property owner requested a permit to correct an existing non-conforming condition the city will review the property on a case by case basis. City Attorney Sondrall suggested cobblestone be eliminated from the draft ordinance. There was no one else in the audience who wished to speak at the public hearing. Motion by Commissioner Landy, seconded by Commissioner Houle, to close the public hearing. All voted in favor. Motion carried. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, to Item 4.3 approve Planning Case 13-08, ordinance 13-12, an ordinance amending text in three areas in Section 4-2 of the New Hope City Code providing a definition for driveways, requiring paved driveways for all lots within the city and addressing front yards and side yards abutting a street for exterior storage, and that the term cobblestone be deleted from the proposed ordinance. Voting in favor: English, Gehring, Houle, Hunten, Landy, McKenzie, Nirgudé, Schmidt, Svendsen, Brinkman, Dumonceaux Voting against: None Absent: None Motion approved. Chair Svendsen stated that the City Council would consider the ordinance amendment at its December 9 meeting. COMMITTEE REPORTS Commissioner Brinkman stated the next meeting will be held on Tuesday, Codes & Standards December 10, 2013. Mr. Jacobsen reported there will be three items on the Planning Commission Meeting 9 December 3, 2013 Item 5.1 agenda. Design & Review Mr. Jacobsen stated there may be one or two items moving forward to the Item 5.2 Design and Review Committee. NEW BUSINESS Commissioner Schmidt mentioned a recent article on the Star Tribune’s website titled “Botched Bloomington Kitchen Project Leads to Charges Against Remodeler.” He stated the article noted some cities do not prosecute unlicensed remodeling contractors. City Attorney Sondrall advised that the city of New Hope does prosecute for offenses. OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Houle, to approve the Planning Commission minutes of August 7, 2013. All voted in favor. Approval of Minutes Item 7.1 Motion carried. ANNOUNCEMENTS Chair Svendsen welcomed Deb Somers to the Planning Commission. Chair Svendsen reminded everyone to respond regarding their interest in the Crossings Tour on Saturday morning, December 7, 2013. Mr. Jacobsen stated he has received six responses from interested Planning Commission members to date. Commissioner Schmidt commented that The Claws restaurant is open, and he inquired when the Goose Egg Restaurant may open. Mr. Jacobsen stated the restaurant owner is still obtaining the financing. ADJOURNMENT Motion by Commissioner Landy, seconded by Commissioner Houle, to close meeting. All voted in favor. Motion carried. The Planning Commission meeting was unanimously adjourned at 8:20 p.m. Respectfully submitted, Deb Somers, Recording Secretary Planning Commission Meeting 10 December 3, 2013