040114 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES April 1, 2014
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,
Roger Landy, Christopher McKenzie, Ranjan Nirgudé Tom
Schmidt, Steve Svendsen
Absent: Jeff Houle
Also Present: Curtis Jacobsen, Director of Community Development, Jeff
Sargent, Community Development Specialist, Stacy Woods,
Assistant City Attorney, Alan Brixius, Planning Consultant, Chris
Long, City Engineer, Debra Somers, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING Chair Svendsen introduced Item 4.1, Planning Case 14-05, request for a
Planning Case 14-05
preliminary and final plat, site plan review, 10-foot rear yard setback variance
Item 4.1
and 3-foot side yard setback variance for the construction of 32-unit apartment
building known as the Gates of New Hope, 9390-9398 27 Avenue North,
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Baruch Associates, petitioner.
Mr. Jeff Sargent, community development specialist, explained that the
petitioner’s case, the Gates of New Hope, was requesting preliminary and final
plat approval to combine the properties at 9390 and 9398 27 Avenue North. He
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stated a site plan review is required when modifications of or additions or
enlargements to a building occur. He reported a variance is needed when
practical difficulties of the land result in the applicant not being able to meet
strict adherence to the zoning code.
Mr. Sargent briefly reviewed that in December, 2013, City Council approved the
rezoning of the property from LB, Limited Business, to RO, Residential Office.
City Council approved a comprehensive plan amendment to re-guide the land
from commercial to high-density residential. In February of 2014, City Council
approved an ordinance that would allow for higher densities in the RO district,
which would allow densities up to 20 units per acre.
Mr. Sargent explained that the Gates of New Hope would be a 32-unit, market
rate apartment complex. He explained amenities offered included building
security cameras, acceptable and adaptable unit designs, laundry hook-up in
each unit, two bedroom units with two baths, residential secure storage lockers
and closets on each floor, indoor parking and outdoor recreational area.
Mr. Sargent continued by stating the preliminary and final plat process ensured
the applicant did adhere to the minimum requirements of the city’s subdivision
ordinance. The applicant proposed a 10-foot utility easement around the
boundary of the property.
Mr. Sargent stated a site plan review was needed to ensure the proposed
development met the intent of the city’s zoning code. In relation to placement of
building, landscaping, parking, Design Guidelines, etc. The zoning code
analysis for circulation, access, traffic and emergency vehicles included the main
access off of Hillsboro Avenue North into the parking lot and parking garage.
He stated that the applicant installed a hammerhead turnaround area to
accommodate emergency vehicles, delivery trucks, moving vans, etc, as well as
adequate parking space size and drive aisle widths. Mr. Sargent stated that the
entrance to the above ground parking garage is on the west side of the building,
and the tenants enter, park and exit again from that same spot. Trash pickup is
on the north side of the building.
Mr. Sargent stated the pedestrian access included a sidewalk connected to the
entrances along the north side of the building with the sidewalk along Hillsboro
Avenue North; there is a bus stop in that area. He reported the other sidewalk
connected pedestrian exits along the south side of the building with the
sidewalk system along 27 Avenue North.
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Mr. Sargent reviewed on-site parking. He reported that the Zoning Code
required 2.25 parking stall per unit, one enclosed and 1¼ open stalls. He noted
the proposed 34 garage parking stalls and 39 surface parking stalls for a total of
73 stalls and bicycle parking shown near an entrance along the north side of the
building.
Mr. Sargent stated the applicant will use existing landscaping along the north
property line and will install 14 trees along the east property line to break up the
façade of the parking garage. He reported an additional 10 trees will be installed
on the south property line of aesthetic appeal. In addition, he stated landscaping
would be installed around the monument sign and pond areas.
Mr. Sargent informed the commissioners and audience of the lighting plan that
allowed for a light intensity of no more than 1.0 foot candle at the right-of-way
line, in which the applicant’s photometric plan did comply. He said the zoning
code allowed for a light intensity of no more than 0.4 candles along shared
property lines. Mr. Sargent stated applicant’s photometric plan appeared to
exceed these limits and staff has asked for an updated photometric plan that
does not exceed the 0.4 candle reading, and if adjustments are needed for
downcasts on to the light, staff would require that as well.
Regarding signage, Mr. Sargent reported the applicant incorporated one
Planning Commission Meeting 2 April 1, 2014
monument sign near the intersection of Hillsboro Avenue North and 27
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Avenue North, which met the minimum code requirements pertaining to the
size and height.
Mr. Sargent next discussed the grading, drainage and erosion control and noted
the property would utilize three basin filtration areas to control rain water
runoff. The water shed off the east side of the garage will be collected in
downspouts and transferred to the southern basin filtration area via an
underground 12” PVC pipe. A concern staff had was the long roof line and
water shedding off onto the adjacent land next to the garage that already has a
steep slope to the east. Mr. Sargent further stated that the applicants propose to
use five downspouts along that wall to be collected into a 12” piping system that
would pipe that water around to its southern holding area in front of the
building. Staff feels the pipe should be increased in size to help with runoff.
Mr. Sargent indicated the building materials met the intent of the Design
Guidelines with use of modular brick veneer, glass, vinyl siding, steel siding
and cement board siding. He added the overall design of the building used
residential architecture to help blend into the neighborhood. Soft brown colors
are used for the building materials.
Mr. Sargent informed the commissioners and audience that the site plan review
met the intent of the Comprehensive Plan, was consistent with the intent of the
City Code, with the exception of needed setback variances, preserved the
natural state of the site and created a harmonious relationship of buildings and a
functional design. He further stated the parking garage is located 20 feet from
the east property line and the zoning code requires a 30-foot setback. The garage
is located 17’5” from the north property line, and zoning code requires a 20-foot
setback. Mr. Sargent and staff felt the property was being used in a reasonable
manner. He advised the variances would not impair an adequate supply of light
and air to adjacent properties, would not increase congestion of the public
streets, would not increase the danger of fire or endanger public safety once
these variances are approved.
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
calls or objections regarding this proposal, but did speak with the adjacent
property owners regarding rain water runoff.
Mr. Sargent stated staff recommended the Planning Commission approve of the
proposed Preliminary and Final Plat approvals with the following conditions:
1.The applicant shall pay a park dedication in the amount of $8,100.00
prior to recording the final plat.
2.The plat and title is subject to the review and approval of the City
Attorney.
Mr. Sargent reported staff also recommended the Planning Commission
Planning Commission Meeting 3 April 1, 2014
recommend approval of the Site Plan Review with the following conditions:
1.A demolition permit will be required for the removal of existing
structures and utilities on the site. All existing site utilities to be
removed must be appropriately disconnected or capped.
2.Applicant shall provide a detail of the recreational area surfacing, play
equipment and grills for city review and approval. The recreational
area must be properly fenced to control access. A fence detail must be
provided for city review.
3.The site plan must illustrate ADA accessible sidewalk connections. The
sidewalk connections shall be provided to the outdoor recreational area,
and safety measures (e.g. crosswalk, striping and signage) shall be
implemented in the parking lot to provide safe pedestrian movement
across.
4.All construction drawings must be adjusted to account for the increase
in the aisle width to 24 feet for the four parking stalls north of the
surface parking lot.
5.The grading, drainage, stormwater treatment plans shall be subject to
review and comments of the City Engineer
6.A detailed planting and maintenance plans for the bio-filtration basins
must be submitted for city approval. The maintenance plan shall
address the efforts to insure that the basins function, and that the
landscaping in maintained in an attractive and managed appearance. A
maintenance plan/agreement for the stormwater storage and filtration
facility must be submitted and approved by the city. The agreement
shall then be filed with the county recorder to run with the title to the
property.
7.The City Fire Inspector and City Engineer shall review and comment on
the acceptability of the utility plans, hydrant location and fire
connection location.
8.A sign permit must be obtained.
9.The applicant shall provide lighting cut sheets illustrating the light
fixtures, pole heights, of wall exterior light fixtures. All light must
comply with the cutoff standards of the New Hope City Zoning
Ordinance.
10.The applicant shall submit a revised photometric plan that dictates the
light intensity readings along the north property line.
11.The driveway apron to the site does not meet existing sidewalks at
grade, a condition which must be revised to allow for continuing ADA
accessible pedestrian ways around the perimeter of the site.
12.The applicant shall enter into a development agreement prepared by
the City Attorney that outlines all conditions of approval and secures all
site improvements.
13.Per Hennepin County requirements, the existing concrete driveway
apron along 27th Avenue shall be removed and replaced with concrete
curb by the developer prior to an overlay project scheduled for late
summer 2014. In addition, any utility excavations planned as part of the
development that affect the county road pavement should be completed
Planning Commission Meeting 4 April 1, 2014
prior to the county’s overlay project.
Again, Mr. Sargent stated staff recommended the Planning Commission
approve of the proposed Preliminary and Final Plat approvals with the
following conditions:
1.Approval of the 10-foot rear year setback variance and the 3-foot side
yard setback variance for the construction of the attached 32-car parking
garage.
Chair Svendsen asked if the Commission had any questions for staff; there were
none.
Chair Svendsen asked Aaron Baruch to come forward to answer questions or
make comments.
Chris Long, city engineer, and Mr. Baruch had looked at the east side and
northeast corner of the site for additional drainage fixes due to ponding water.
Mr. Long stated that the applicant took care of most of the drainage with the
parking garage and filtration system to storm sewer. Mr. Long suggested staff
and Mr. Baruch consider changing the size of drainage pipe to 15”. He also
suggested the possibility of doing some grading to alleviate drainage and
possibly a 6” back yard drainage system to relieve ponding. Mr. Long would
take another look at this issue, if needed.
Chair Svendsen questioned Mr. Sargent’s comment about the drive aisle for the
four parking stalls near the north park area and noted there was a 24-foot drive
aisle because of the depth of these parking stalls was not deep enough.
Mr. Sargent indicated that when staff met with the applicant at the Design &
Review meeting, applicant’s plans did not show the four parking stalls at the
north parking area. Mr. Sargent stated the applicant added these stalls to help
alleviate some of the parking concerns. Mr. Sargent reported the fire lane
needed to be 20-feet wide and 120-feet long to accommodate the emergency
vehicles that would access and exit the site. He stated the applicant’s revised
plans showed a 20-foot width between the edge of pavement and the start of
those parking stalls. City code requires 24-feet for a drive aisle. Applicant was
asked to re-amend their plan to show a 24-foot drive island to accommodate the
four parking stalls.
The applicant amended the site plan to reflect the increase from 20 to 24-feet
where appropriate. Mr. Sargent indicated that everything was shifted to the
west and staff wanted to be sure all other plans showed an appropriate shift to 4
of feet.
Commission Brinkman asked several questions concerning the recreational area
and the area west of the four parking stalls. Mr. Sargent replied the recreational
area was to the west of the four parking stalls, and immediately west of that was
Planning Commission Meeting 5 April 1, 2014
one of the three filtration basins on the property. Mr. Sargent stated as one of the
conditions of approval, the appropriate sidewalks must connect there and have
appropriate striping to ensure safety of people crossing the parking area to gain
access to the recreational space and the space would be fenced.
Chair Svendsen asked for the applicant to come forward.
Aaron Baruch, 9705 29 Avenue North, Plymouth.
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Chair Svendsen, referred to the laundry hookup in each apartment, asked what
exactly that meant.
Mr. Baruch replied they were still going back and forth with the idea of putting
actual washers and dryers in each unit, or provided the hookup so residents
could bring their own washers and dryers. Applicant will still have the laundry
in the common area.
Commissioner Brinkman asked if Mr. Baruch agreed with the recommendations
staff made, which he did.
Commissioner McKenzie stated the list of recommendations was long and he
hoped these would work. Mr. Baruch thinks any project of this size would have
a long list of items. He is prepared to handle the list.
Chair Svendsen inquired whether Mr. Baruch had issues meeting Hennepin
County’s date of late summer to repair all sidewalks and curb repairs. Mr.
Baruch responded he was prepared to meet the deadline.
Commissioner Brinkman asked if the parking garage was against the side of the
building and if it was a tent roof. Mr. Baruch stated it was against the building
with a hip roof.
Commissioner McKenzie asked the applicant to speak to the snow removal and
snow storage plans.
The applicant replied that he has decided to use on-site snow blowing and
bobcat equipment to prevent compaction issues. Mr. Baruch planned to store
snow on the four parking stalls near the recreational area. He continued, stating
that if snow becomes an issue they will hire an established company to haul
away the snow.
Commissioner McKenzie asked where the access to the recreational area would
be located.
Don Baker, DBA Architects, contracted by applicant, came forward and
explained the access to the recreation area. Residents would use the sidewalk
from the street to the building, out to the parking lot and straight across the
parking lot and along the last parking stall to the east. He also mentioned there
Planning Commission Meeting 6 April 1, 2014
could be sidewalk on two sides of that area, on the east and south, basically off
the southeast corner of the recreational area.
Commissioner McKenzie questioned whether the first parking stall off the
southeast corner would not be impacted, especially if a car noses in and hangs
its bumper over the curb. Mr. Baker replied he allowed five feet between the
curbs but he would look at the space again.
Commissioner Nirgudé questioned the lighting of the indoor garage area and
asked if the city had any indoor lighting requirements and did the applicant
meet those requirements.
City Planner, Al Brixius responded by stating the entire city’s parking or
lighting standards were for exterior lighting. Mr. Brixius suspects there is a
building code that addresses the illumination, Mr. Brixius suspects there would
be emergency lighting requirements for this building.
Commissioner English understands the parking garage will be an unheated
envelope and asked if the applicant had explored how they will handle the
removal of snow that would drop off cars, and were there drains with catch
basins to ensure the salt does not get into the environment.
Mr. Baker replied the garage did have drains and there would be a flappable
wind strap to keep salt, etc. out of the sewer.
Chair Svendsen invited the public to come forward and address the
commission.
Dan Goldman, 9214 27 Avenue North, owns the Presidential Estates
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Townhouses located immediately to the east of the proposed project. He thinks
this is a great place for the project. Mr. Goldman’s concern has to do with the
proper drainage on the east side of the property.
Over the years Mr. Goldman has continually had problems with the west end
building of the townhomes due to the drainage from adjacent condominium
buildings. The drainage all ends up in the corner near the west end building.
When it rains the driveway becomes a virtual river. Over the years Mr.
Goldman has tried to alleviate the issue by improving the landscaping, adding
plastic and rock to the yard to reduce the drainage. His efforts could not keep
the water from running along the driveway. There is a swale/ditch along the
driveway and a huge drain where the stormwater should drain. Over the years
the ditch has flattened out and no longer drains as designed.
In addition, Mr. Goldman stated, the area at the west end building of his
townhomes became a slue filled with cattails. Mr. Goldman got estimates to
build up the area and enlisted help from the other property owners and got the
work done. Two years later the cattails were back, the ground sunk and it is
again a marshy area again.
Planning Commission Meeting 7 April 1, 2014
Mr. Goldman would like the owners of this property to take ownership of the
swale to be sure it is properly graded and other property owners are not flooded
out.
Chair Svendsen asked the city engineer to look at the above property.
City Engineer, Chris Long, explained when different properties come together
that were not properly developed, graded or maintained over time pockets
develop between the properties. Mr. Long would like to assess this area to see if
a 6-inch drainage pipe could keep the area dry. Mr. Long commented that this
idea would not resolve a big storm event coming down the driveway.
Commissioner Schmidt asked if the area in the back one-fifth of the garage, if
near the swale, could sink.
Mr. Long and staff asked the applicant to look into soil borings for filtration
reasons and look at the swale area as well.
Chair Svendsen asked Mr. Long if he felt good about the recommendation
stating grading and drainage and stormwater treatment plants would be subject
to review and comment by the city engineer.
Mr. Long replied he and staff had comments about the grading, drainage and
stormwater also, but he would be able to work with the applicant to address
these.
Al Brixius stated the staff and the city planner had a few concerns with the
new grading and landscape plans which included the swale area. He further
stated the applicant is on notice, and added to staff recommendation number
6, the Planning Commission requests the city engineer to review the offsite
drainage patterns in the area and provide suggested improvements to ensure
that this area is actually addressed as far as the landscape and grading plans.
If the city goes with an underground pipe, the city planner would like to be
sure it gets placed and sized properly. In looking at the aerial photo he had
concerns about the proximity of the northeast corner of the complex garage as
far as the soils and softness of the soils. Mr. Brixius also added to
recommendation number 6 that Mr. Long be given direction so the applicant is
on notice that he may have to install storm pipe improvements and possibly
soil improvements on that as part of the project.
Chair Svendsen asked if there was anyone else from the audience that wanted
to come forward.
Russell Severson, 2801 Flag Avenue North, which is the first condominium
unit to the west. Mr. Severson agreed there is a water problem at the corner
and asked if there currently was a drainage easement on the east property line.
Planning Commission Meeting 8 April 1, 2014
Mr. Sargent advised a survey was done for this project that showed no
description of any kind of easement along the east property line. He stated the
applicant is proposing a 10-foot easement on his property for the drainage
issue. Staff would ensure buildings would not be placed in the easement.
Mr. Severson requested that whatever is done in this area, there is a lot of
drainage there just because of the natural slope of the property lines and
existing property. He asked if there would be any elevation change to the plan.
Chair Svendsen replied that the ditch would remain fairly intact, but again
that is all part of the proposal. The city engineer will go through drainage area
and look at the proposed easement to make sure the flow works as the
construction progresses.
Mr. Severson asked several questions about the project itself. Chair Svendsen
said it was project was a four-story unit, with 8 units per floor, 32-units total.
The units are listed as market rate open to anyone who can afford one.
Chuck Plow is the civil engineer hired by Baruch Associates. He stated he has
some soil borings that were put in line to get tested. For the most part the soils
around the buildings, driveways and parking lots would withstand a rain
event. As the city planner mentioned earlier, the applicant and city engineer
will be reviewing this issue.
Jeannette Bockwitz, 2801 Flag Avenue North, in the in the first condominium.
The water comes from Hillsboro like a river and runs into slue area. She asked
if there were balconies on this building. She is not excited about where the
playground is as she doesn’t want to listen to that noise, kids screaming and
yelling. She would like to see the playground moved further out towards
Hillsboro Avenue North.
Chair Svendsen advised Ms. Bockwitz to talk to her association group.
Don Keefe, 4410 Polaris, Plymouth. He owns Sunnyhollow, just south of the
development. He lives downhill from the development. He was assuming all
the drain water would be handled on-site. Mr. Keefe asked why the water
does not go onto Hillsboro Avenue North around Medicine Lake Road.
Chair Svendsen replied that the water goes into the storm retention ponds and
from there it is funneled into the storm sewer.
Mr. Goldman asked if the trees being planted on the east side of the complex
would be away from the swale.
Chair Svendsen replied that the trees would probably be on the high side
away from the property line. Mr. Brixius added this item to the other
conditions that the city engineer and applicant are to look at and determine if
any adjustments should be made in moving the trees closer to the building.
Planning Commission Meeting 9 April 1, 2014
Mr. Baruch confirmed he is here to do what is right by the city and build
something for the city that will enhance what is existing in that current
property. The applicant is not trying to take shortcuts as far as the water is
concerned and is working with the civil engineer.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, to
close the public hearing. All voted in favor. Motion carried.
Motion Motion by Commissioner McKenzie, seconded by Commissioner Landy, that
Item 4.1 consideration of Planning Case 14-05, be continued to a subsequent
Planning Commission meeting.
Voting in favor: Brinkman, Dumonceaux, English, Gehring, Landy,
McKenzie, Nirgudé, Schmidt
Voting against: Svendsen
Absent: Houle
Motion approved.
Chair Svendsen stated this Planning Case would be postponed to a future
Planning Commission meeting to address the additional concerns.
Chair Svendsen asked Commissioner McKenzie to expound a little to the
applicant knows what he has to do.
Commissioner McKenzie stated that while the list staff recommendations is
long there are also some big rocks that need to be addressed. The civil
engineering letter from Mr. Chris Long was one of those. There are some big
items in there; drainage has been discussed. He believes the fire marshal also
has some items to be addressed, and that items published in the packets
should be addressed at the next meeting.
Chair Svendsen advised Mr. Baruch to speak with the city staff to get a list of
what they are looking for to bring to the next meeting.
Mr. Baruch voiced his main concern that when he came to the pre-meeting he
was given criteria to meet and he went back and satisfied all of this issues and
he wondered where the disconnect was.
Chair Svendsen indicated that the fire marshal has a long list in their letter and
have some specific questions they want addressed. The city engineer has a few
questions he is looking at and it is by the opinion of this Commission that
more information is required from the applicant than what is in the requests
from those two departments, being the fire marshal and city engineer.
Mr. Brixius stated that most of the questions from the fire marshal would be
reviewed in detail once staff received the actual building construction
Planning Commission Meeting 10 April 1, 2014
drawings. The engineering elements may still need attention but it may be
premature for them to put this all together before he has a site and building
plan approval.
Commissioner McKenzie revised his commentary to retract his comments
concerning the fire marshal.
Commissioner Brinkman made a comment to Mr. Baruch that the Commission
is uncomfortable with these recommendations.
Chair Svendsen advised there are still opportunities to meet with the City
Council to keep the project on track.
COMMITTEE REPORTS Chair Svendsen asked Director Jacobsen if there were any applicants coming
Design and Review
up on April 17. Director Jacobsen replied there were no applications as of yet
Item 5.1
but the deadline is April 4.
Chair Svendsen reiterated that if three members from the Planning
Commission that want to get together, he would call a special meeting to hear
Planning Case No. PC 14-05.
Codes and Standards Chair Svendsen asked if there were any meeting coming up or were they
Item 5.2
directed to work on anything.
Director Jacobsen stated they may have been directed to work on something
but we are not because staff has been so busy that there is not time until we
get re-staffed to a normal level. The department is going through a
considerable shake up in staff and that will continue for a number of months.
NEW BUSINESS None
OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Brinkman, to
Approval of Minutes approve the March 4, 2014 Planning Commission minutes.
Item 7.1
All voted in favor.
Motion approved.
Chair Svendsen had one note in the first Planning Case 14-04, Item 1, Motion,
it was missed that Nirgudé was absent.
ANNOUNCEMENTS Mr. Sargent advised there will be an open house for the proposed developer
and development for the City Center, which is Hy-Vee Grocery Store. The City
Council just approved a preliminary development agreement with them.
This means the city will not negotiate with any other developer for the
next six months until it can get through enough negotiations with Hy-Vee to
make a decision as to whether it wants to continue forward with the project or
not.
Planning Commission Meeting 11 April 1, 2014
Hy-Vee will be presenting an open house at the city hall on April 17 from
4:30 until 8:00 p.m. No formal presentations will be made. It will be a true
Open house format allowing people to come and go as they please during that
time. There will be representatives from Hy-Vee and the developer to help
answer questions. There will be a couple of stations set up for specific areas of
that development that they want people to comment on.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:05 p.m.
Respectfully submitted,
Deb Somers
Recording Secretary
Planning Commission Meeting 12 April 1, 2014