040715 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES April 7, 2015
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: Scott Clark, Jim Brinkman, Tom Schmidt, Steve Svendsen,
Christopher McKenzie, Greg Gehring, Roger Landy,
Absent: Wade English
Also Present: Jeff Sargent, Director of Community Development, Aaron
Chirpich, Community Development Specialist, Stacy Woods,
Assistant City Attorney, Alan Brixius, Planning Consultant,
Bob Paschke, Director of Public Works, Chris Long, City
Engineer, Emily Becker, Recording Secretary
CONSENT BUSINESS No consent business.
PUBLIC HEARING
Planning Case 15-02 Chair Svendsen introduced Item 4.1, request for a preliminary plat,
rezoning of property from R-1, Single-Family to R-2, One and Two Family
Item 4.1
Residential, and a Conditional Use Permit for a Planned Unit
Development, 7940 Winnetka Avenue, Centra Homes, Inc., petitioner.
Mr. Jeff Sargent, Community Development Director, explained that the
petitioner is under contract to purchase the property located at the
Northwest corner of 55 Avenue and Winnetka Avenue, the former
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Winnetka Learning Center site, for the purpose of subdividing. This area
is located in Planning District 4, which specifically calls this area out for
redevelopment.
Mr. Sargent provided background information on the development,
detailing that the applicant will be platting 60 single-family housing units,
29 traditional family homes and 31 “detached townhomes” controlled by
a Homeowner’s Association and by-laws. A Comprehensive Plan
amendment was approved to re-guide this area to Low Density/Medium
Density Residential. Poor soil conditions required Centra Homes to revise
the original plat layout. The architectural types of both Single Family and
Associated Maintained Housing that will be in the development were
presented.
Mr. Sargent stated that the applicant is also petitioning for a Conditional
Use Permit (CUP) for a Planned Unit Development (PUD), which will
allow the applicant flexibility to rezone the property and adjust setbacks,
lot widths and lot area requirements to meet their design, layout, and
density needs.
Mr. Sargent outlined the required and proposed setbacks and lot
requirements as shown below and displayed on a preliminary plat the
lots that would be in need of the proposed changes in requirements.
R-2 District R-2 District
(Traditional Single-Family) (Association Maintained)
Required Proposed Required Proposed
Front Yard 25 feet 25 feet 25 feet 25 feet
Side Yard -Interior 10 feet 7 feet 10 feet 7 feet
(5 feet along (5 feet along
garage) garage)
Side Yard –Corner 20 feet 25 feet 20 feet 25 feet
Rear Yard 25 feet 40 feet 25 feet 35 feet
Lot Area 8,400 SF 8,397.9 8,400 SF 5,000 SF
Lot Width 70 feet 65 feet 70 feet 40 feet
Sargent went on to explain the pedestrian access the petitioner was
proposing, which includes a 5-foot sidewalk throughout the development
and pedestrian access from the development onto Winnetka Avenue
sidewalk system. He maintained that staff requires that a connection to
Begin Park be added and that a second pedestrian access point to
Winnetka Avenue be added.
Mr. Sargent stated that staff had some concerns regarding where guests
of the development’s residents would park within the association-
maintained area.Centra Homes has submitted a revised plan and
indicated that they will provide on-street parallel parking spaces around
the North and South side of the private drive “loop” to help provide for
extra parking. The private streets along the areas that will include
parking will be required to be widened to 32 feet in width.
Sargent then addressed the submitted landscaping plan, which shows
utilization of a variety of new trees throughout the development, meeting
the minimum code requirements. The developers indicated that their
intent is to add more landscaping once they figure out the final grading
patterns throughout the development. Staff requires that the final
landscape plan will indicate where the added landscaping will be placed
in order for it to be incorporated into the development agreement.
In order to address poor soils within the development area, Sargent
explained that Centra Homes increased the size of the on-site storm water
pond. This pond incorporates an infiltration basin and will take in water
from surrounding areas, hopefully alleviating some area flooding. It will
be City-owned and maintained.
The Homeowner’s Association, Sargent clarified, will be responsible for
snow storage. City Code requires that ten percent of the area of removal
for snow must be dedicated to the storage of said snow.The applicant
calculated the required amount of snow removal needed for the
development and determined that the area indicated on the site plan
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Planning Commission Meeting April 7, 2015
would exceed this amount. Staff will require a snow removal plan if
snow piles exceed eight feet in height.
Sargent stated that the necessary findings of fact needed to rezone the
property and approve a Conditional Use Permit have been met.
Property owners within 350 feet, Sargent explained, were notified by mail
and a public hearing notice was published in the SunPost. The only
objection regarding this proposal that had been communicated to staff to
date was a letter written by a concerned citizen on April 4, 2015
addressing concerns about parking availability and the potential increase
in traffic and property taxes. This was distributed to the Planning
Commission and Staff.
In conclusion, Mr. Sargent explained that Staff recommends the Planning
Commission recommendapproval of the Preliminary Plat of a 60 parcel
subdivision and rezoning of the property from R-1, Single Family
Residential to R-2, One and Two Family Residential with the following
conditions:
1.The applicant pay a park dedication fee of $90,000 prior to
recording the final plat
2.The plat and title is subject to the review and approval of
the City Attorney.
Sargent went on to explain that Staff recommends that the Planning
Commission recommend approval of a Conditional Use Permit for a
Planned Unit Development with the following conditions:
1.The following minimum standards apply to the proposed
lots:
Traditional Lots, Including Block 1, Lots 1-4 and Block 2 and
Block 6:
Minimum Lot Area 8,400 square feet
Minimum Lot Width 65 feet
Setbacks
Front Yard 25 feet
Side Yard – Interior 7.5 feet
Side Yard – Corner 20 feet
Rear Yard 25 feet
Association Maintained Lots, Including Block 2, Lots 5-11 and
Blocks 3, 4, and 5:
Minimum Lot Area 5,000 square feet
Minimum Lot Width 40 feet
Setbacks
Front Yard 25 feet
Side Yard – Interior 7.0 feet
Side Yard – Corner
(on public street) 20 feet
Rear Yard 25 feet
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Planning Commission Meeting April 7, 2015
2.The houses constructed within the subdivision shall be
consistent with models provided by the applicant and
approved with this Planned Unit Development. Alternative
models may be approved by city staff, provided they offer
similar finished floor areas, meet all required setbacks, and
maintain the exterior finishes of the approved models.
3.To accommodate on-street parking on the north and south
sides of Block 4, the minimum street width in these areas shall
be increased to 32 feet in width.
4.Outlot A shall be owned by both the association and by each
lot owner in the association, each owning an equal and
undivided share of the outlot.
5.The applicant shall install a second sidewalk connection to
the Winnetka Avenue sidewalk aligned with the south edge of
the southern private street. The applicant shall also install a
pedestrian ramp and a striped crosswalk connecting the 55th
Avenue sidewalk to Begin Park. The location of said crossing
shall be approved by the City Engineer.
6.The applicant shall provide a revised landscape plan and
details that include:
a. The rear yard screening of double frontage lots in
Blocks 1 and 3 along 55th Avenue.
b. A provision of two trees per lot in the traditional lots
with property owner flexibility in the placement of the
trees.
c. A provision of a typical association maintained lot
landscaping plan that locates front yard trees and
foundation plantings. Front yard trees cannot interfere
with driveway locations or utility services
7.The City Engineer and Public Works Department shall
review and approve the utility, grading and drainage plans
and approve the proposed utility and drainage easements
related to location and size
8.The applicant shall provide a description of existing
easements to be vacated.
9.The applicant shall expand the snow storage area to reflect
the expanded private street width and to provide 10% of the
total paved area of the association maintained homes,
including private streets with parking, sidewalks, and
driveways. A snow removal plan shall be included if the
snow storage area is overwhelmed with snow piles in excess
of eight feet and/or snow storage encroaching into adjoining
lots.
10.The applicant shall adhere to all of the City Engineer
requirements as outlined in the Stantec letter dated 4/2/2015.
11.The applicant shall adhere to all of the West Metro Fire and
Rescue requirements as outlined in the letter dated 3/18/2015.
12.The developer shall enter into a development agreement
and a Planned Unit Development agreement with the
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Planning Commission Meeting April 7, 2015
approval of the Final Plat.
Commissioner Brinkman questioned if the sidewalk along the North side
of 55th Avenue and Winnetka Avenue would remain and questioned if
sidewalks were in fact needed in the development. Mr. Sargent said that
these sidewalks would remain and that the sidewalks assisted mobility
issues; Mr. Alan Brixius, City Planner, concurred that there is a need in
the community for sidewalks. Commissioner Brinkman also asked about
parking on Virginia and Utah Avenues, and Sargent replied that parking
would remain on these streets. Commissioner Brinkman was concerned
about who would be plowing the sidewalks. Mr. Sargent explained that it
is ultimately the property owner’s responsibility to plow sidewalks.
Brinkman lastly inquired about snow storage and if Outlot B may be a
possible area for snow storage. Sargent responded that there are several
contingencies that would make it difficult for snow to be stored in this
area.
Chair Svendsen questioned how the City, which would take over
ownership and maintenance of Outlot B, would access the area. Mr. Bob
Paschke, Public Works Director, maintained that there would not be an
issue accessing this area.
Commissioner McKenzie questioned where poor soils were found. Mr.
Sargent expounded that the area of the development that was found to
have poor soil was platted to be the location of the pond and went on to
clarify that said soils were better described as inadequate for
construction. Sargent disclosed that further investigation needed to
occur regarding soils and that there is a possibility that there are four lots
to the west of Outlot B that are in danger of having inadequate soil for
construction. Mr. McKenzie was concerned if the filtration basin was
adequate and if sump pumps would be used actively in the houses. Mr.
Chris Long, City Engineer, maintained that the filtration basin was
adequate, and that sump drains would be installed off the curb so that
sump pumps could connect to them.
Commissioner McKenzie inquired if the driveways were of adequate size
to accommodate parking. Mr. Sargent addressed that there were
designated parking areas in the development for the Association
Maintained Housing. There was discussion about where No Parking
signs on Utah Avenue would be posted. Mr. Brixius asked for the record
that the City verify with Public Safety if No Parking signs are needed, as
Utah Avenue is a public street.
Mr. Long addressed further concern about the filtration basin, explaining
that this area, along with the entire North side of the property, is being
further reviewed.
Ms. Stacy Woods, Assistant City Attorney, added that there are additional
conditions to the recommended issuance of the Conditional Use Permit
and rezoning of 7940 Winnetka Avenue. It was addressed in the purchase
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Planning Commission Meeting April 7, 2015
agreement between the City and Centra Homes that leasing of each home
after the initial sale for 12 months was prohibited, so that the homes
would be owner-occupied. Additionally, the Homeowners Association
document was subject to City Attorney Review and approval.
Chair Svendsen motioned that the applicant come forward to address the
Commission. Mr. David Pattberg, representative for Centra Homes,
stepped forward.
Mr. Pattberg first spoke to concerns about soil, stating inadequate soil
would be removed from the property. He then petitioned for removal
from the conditions the mandates of the second pedestrian access on
Winnetka as well as the pedestrian ramp on 55 Avenue and Begin Park.
th
He suggested that the park fees be used for this endeavor.
Commissioner Brinkman, Chair Svendsen, and Commissioner Landy
agreed with the applicant that a second pedestrian access to Winnetka
Avenue was not needed. Suggestions were made that this area could
either be landscaped or that instead there be a connection to Begin Park.
Mr. Alan Brixius voiced concern about the soil in Lots One through Six of
the Single Family Development. Mr. Pattberg assured that the current
information showed that the soil would be adequate. Chair Svendsen
asked if there would be further exploratory information gathered.
Pattberg said that no further investigation will be done before
development began. Commissioner McKenzie was concerned about the
amount of soil borings taken in the proposed street section. Pattberg
replied that the locations of the streets were moved due to information
gathered from the soil borings.
Commissioner Clark pointed out that not all of the area that is association
maintained has private streets and inquired if all residents in this area
would be paying association fees. Mr. Pattberg said that all residents of
the association will pay the same association fee. Commissioner Clark
suggested that the City be considered as a contractor for the private
streets so as to avoid members of the association objecting to paying the
same fees regardless of whether they live on a private street or not.
Chair Svendsen invited anyone from the audience to come forward to
address the applicant or staff. Jeremy Enge-Frey of Boisclar Corporation
of 8007 Bass Lake Road stepped forward.
Mr. Enge-Frey clarified that Boisclar Corporation supports the proposed
Centra Homes development. Enge-Frey’s concern is overcoming flooding
issues on his property. Boisclar has experienced two floods in the last five
years, and Enge-Frey states that there is concern about future flooding.
Enge-Frey asked that the Planning Commission take this in to
consideration when reviewing the plan. Mr. Long, City Engineer, stated
that this is being evaluated and effort is being made to alleviate this
flooding.
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Planning Commission Meeting April 7, 2015
Chair Svendsen inquired if anyone in the audience wished to address the
Commission. Being that there was no one else in the audience that
wished to speak at the public hearing, he asked for a motion to close the
Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Schmidt to
close the public hearing. All voted in favor. Motion carried.
Chair Svendsen opened opportunity for any further discussion.
Svendsen inquired who would maintain Outlot B. Mr. Robert Paschke
stated that Public Works would be responsible for this.
Chair Svendsen confirmed with Assistant City Attorney Stacy Woods that
two motions needed to pass.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman,
Item 4.1 to approve Planning Case 15-02, request of rezoning from R-1, Single-
Family to R-2, One and Two Family Residential located at 7940 Winnetka
Avenue, Centra Homes, Inc., petitioner, subject to the following
conditions with the following conditions:
1.The applicant pay a park dedication fee of $90,000 prior to
recording the final plat
2.The plat and title is subject to the review and approval of
the City Attorney.
Voting in favor: Landy, Gehring, Clark, Brinkman, Schmidt, Svendsen
Voting against: McKenzie
Absent: English
Motion approved 7-1
Mr. Sargent requested a reason for the dissenting vote. It was explained
there was concern over some of the roads in Outlot A being under private
control of the homeowners association and too many properties on a
public street paying the homeowners association fee.
Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
approve Planning Case 15-02, a preliminary plat and Conditional Use
Permit for a Planned Unit Development at 7940 Winnetka Avenue,
Centra Homes, Inc., petitioner, subject to the following conditions:
1.The site is rezoned to R-2 and through the approved
Conditional Use/Planned Unit Development, the following
minimum standards apply to the proposed lots:
Traditional Lots, Including Block 1, Lots 1-4 and Block 2 and
Block 6:
Minimum Lot Area 8,400 square feet
Minimum Lot Width 65 feet
Setbacks
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Planning Commission Meeting April 7, 2015
Front Yard 25 feet
Side Yard – Interior 7.5 feet
Side Yard – Corner 20 feet
Rear Yard 25 feet
Association Maintained Lots, Including Block 2, Lots 5-11 and
Blocks 3, 4, and 5:
Minimum Lot Area 5,000 square feet
Minimum Lot Width 40 feet
Setbacks
Front Yard 25 feet
Side Yard – Interior 7.0 feet
Side Yard – Corner
(on public street) 20 feet
Rear Yard 25 feet
2.The houses constructed within the subdivision shall be
consistent with models provided by the applicant and
approved with this Planned Unit Development. Alternative
models may be approved by city staff, provided they offer
similar finished floor areas, meet all required setbacks, and
maintain the exterior finishes of the approved models.
3.To accommodate on-street parking on the north and south
sides of Block 4, the minimum street width in these areas shall
be increased to 32 feet in width.
4.Outlot A shall be owned by both the association and by each
lot owner in the association, each owning an equal and
undivided share of the outlot.
5.The applicant shall also install a pedestrian ramp and a
striped crosswalk connecting the 55th Avenue sidewalk to
Begin Park. The location of said crossing shall be approved
by the City Engineer.
6.The applicant shall provide a revised landscape plan and
details that include:
a. The rear yard screening of double frontage lots in
Blocks 1 and 3 along 55th Avenue.
b. A provision of two trees per lot in the traditional lots
with property owner flexibility in the placement of the
trees.
c. A provision of a typical association maintained lot
landscaping plan that locates front yard trees and
foundation plantings. Front yard trees cannot interfere
with driveway locations or utility services
7.The City Engineer and Public Works Department shall
review and approve the utility, grading and drainage plans
and approve the proposed utility and drainage easements
related to location and size
8.The applicant shall provide a description of existing
easements to be vacated.
9.The applicant shall expand the snow storage area to reflect
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Planning Commission Meeting April 7, 2015
the expanded private street width and to provide 10% of the
total paved area of the association maintained homes,
including private streets with parking, sidewalks, and
driveways. A snow removal plan shall be included if the
snow storage area is overwhelmed with snow piles in excess
of eight feet and/or snow storage encroaching into adjoining
lots.
10.The applicant shall adhere to all of the City Engineer
requirements as outlined in the Stantec letter dated 4/2/2015.
11.The applicant shall adhere to all of the West Metro Fire and
Rescue requirements as outlined in the letter dated 3/18/2015.
12.The developer shall enter into a development agreement
and a Planned Unit Development agreement with the
approval of the Final Plat.
13.The leasing of any home after the initial sale for 12 months is
prohibited.
14. The Homeowners Association document was subject to
City Attorney Review and approval.
15.Public safety must review and make a determination if
parking should be allowed on Utah Avenue.
Voting in favor: McKenzie, Landy, Gehring, Clark, Brinkman, Schmidt,
Svendsen
Voting against: None
Absent: English
Motion approved 8-0
Chair Svendsen stated that the City Council would consider this planning
case at its April 27 meeting.
COMMITTEE
REPORTS
Design and Review Chair Svendsen stated the Design and Review Committee was held on
March 19, 2015 and that the next potential meeting was scheduled for
Committee
April 16, 2015.
Item 5.1
Codes and Standards Chair Svendsen stated that the Codes and Standards Committee was held
March 25, 2015 and asked if there was anything to present from that
Committee
meeting. Mr. Sargent believed that staff would be able to present
Item 5.2
information from that meeting to the next Planning Commission Meeting.
NEW BUSINESS
6.1 Welcome Emily Emily Becker, Community Development Administrative Specialist, was
introduced.
Becker
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Brinkman,
Item 7.1 to approve the Planning Commission minutes of March 3, 2015 as
revised. All voted in favor. Motion carried.
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Planning Commission Meeting April 7, 2015
ANNOUNCEMENTS Commissioner Brinkman asked about the potential development at 36
th
Avenue and Winnetka Avenue. Mr. Sargent explained that he believed
that after meeting with City Staff, the prospective developer may have
found the project to be too cost prohibitive to pursue at this time.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:32
p.m.
Respectfully submitted,
Emily Becker, Recording Secretary
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Planning Commission Meeting April 7, 2015