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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, th 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 th 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. th 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 th 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. th 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 th 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