060215 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 2, 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: Tom Schmidt, Steve Svendsen, Christopher McKenzie,
Wade English, Greg Gehring, Roger Landy, Bill Smith, Scott
Clark, Jim Brinkman
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich, Community Development Specialist; Stacy Woods,
Assistant City Attorney; Alan Brixius, Planning Consultant;
Jeff Alger, Community Development Assistant; Emily
Becker, Recording Secretary
PUBLIC HEARING
Planning Case 15-09 Chair Svendsen introduced Item 4.1, request for a variance and site plan
review to allow construction of a sandwich shop, 7820 42 Ave N, Patrick
Item 4.1
nd
Sarver, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, stated that Java
Capital Partners wishes to redevelop the site located at 7820 42nd Avenue
by removing all existing site improvements and constructing a 2200
square foot sandwich shop with a drive-through and outdoor dining area.
The name of the shop was not disclosed due to the request of their client.
The existing site contains the remnants of a now vacant gas station and
car wash. There are known underground storage tanks on the site that
will be removed by the developer as part of the project. He elaborated
that the City has long been interested in redevelopment of this property,
as the current buildings on the site have fallen into disrepair. This project
proposal represents an opportunity to clean up the site both aesthetically
and environmentally.
The proposed building, Mr. Chirpich explained, fails to meet the CC
District front yard build-to setback requirement of 10-25 feet. The
applicant is requesting a variance to allow a 48.7 foot setback from the
south lot line. Approval of this request would require a 23.7 foot variance.
Mr. Chirpich clarified that the site plan met zoning code criteria in the
following ways: it is consistent with specific goals of the Comprehensive
Plan that direct the City to pursue the redevelopment of marginal
commercial sites along 42 Avenue; it is generally consistent with the
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purposes of the Code; the preservation of the existing site conditions is
not desirable as the site is nearly completely covered by hard surfaces
with little landscaping, and the proposed project will improve the site in
total by reducing impervious coverage on the property by 14.1%; the
proposal for site and building improvements is adequate and will be of a
harmonious nature; the proposed site plan creates a good internal sense
of order, delivers a desirable environment for occupants, visitors and the
general community; the arrangement and amount of open space and
landscaping are appropriate given the design and function of the
proposed development and the limitations of the site; the proposed
building materials, textures and construction details are found to be
appropriate and compatible with neighboring structures; there is
adequate vehicular, pedestrian, and cycling circulation shown on the
proposed site plan; the proposed new construction of the building will
comply with all current building code standards that relate to energy
efficiency; proposed grading and drainage plan will maintain existing
drainage patterns and meet the requirements for surface water
management, and the proposed project will not interfere with the views
or limit access to light and air of the adjacent properties.
Mr. Chirpich went on that staff has found that a variance is warranted in
this case as the site poses the following practical difficulties in complying
with the city’s zoning code: physical conditions of the subject lot such as
shape, narrowness, and size limit its redevelopment potential; the
limiting size and physical configuration of the lot existed before the
applicant’s interest in the property; the adjoining commercial sites to the
property have setbacks greater than the applicant’s proposed 48.7 feet so
will not alter the essential character of the locality; the increased setback
will not impair light or air to adjoining properties, contribute to increased
traffic congestion or increase the danger of fire or endanger public safety;
the requested variance is design-driven and not prompted by economics.
Chirpich then described the proposed site plan. He explained that the
proposed curbing and pavement would be replaced and meets the
minimum specifications set forth by Public Works. A pedestrian access
will be provided via a sidewalk connection between the sidewalk along
42 Avenue and the building entrance. The proposed site plan provides
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13 parking stalls, two of which have restricted hours for parking
availability and two for disable motorists, meeting City Center District
standards. The amount and type of bicycle parking proposed is also
compliant with City requirements. Chirpich elaborated that in response
to staff concerns regarding employee parking, the applicant is working to
arrange an employee parking agreement with a neighboring property.
There will be no delivery service. In response to staff concerns regarding
ample customer parking, the applicant responded that 65% of the
business will be operated through the drive-through service lane, which
meets all requirements of the CC District as planned. Additionally, the
original site plan’s outdoor dining area was decreased to five tables and
ten seats in order to help reduce parking demand. Delivery and loading
traffic will be handled in the morning before the store opens and the
drive-through will facilitate truck movement.
Mr. Chirpich then presented other design attributes of the site plan. The
landscaping plan, Chirpich said, is generally well conceived; the
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Planning Commission Meeting June 2, 2015
proposed project will increase green space on the site by 14.1%. The
increase in this impervious surface, along with the best management
practice of the installation of the three feet wide sump catch basin,
provides the storm water treatment required. The lighting plan meets
City Code requirements. Although the applicant has not yet provided
information on the signs so as to not disclose the business name, the
comprehensive sign plan should include all site signage including: wall
signs and location; freestanding signs size, location, height and design;
on-site traffic directional signs; drive-through service lane menu boards.
The City Fire Marshal has required that the plan include address numbers
on the street side of the building at least six inches tall. The building
materials used will include a combination of stucco, brick, and glass as
well as metal canopies and metal rail features. The proposed building
uses a commercial architectural style and will be one story tall with a roof
that will include variations in height.
Mr. Chirpich stated that the Design and Review Committee met with the
applicant on May 14 and was in favor of the proposed development and
request for variance. Property owners within 350 feet of the parcel were
notified by mail and a legal notice was published in the SunPost
newspaper.
Mr. Chirpich concluded that staff recommends the Planning Commission
recommend approval of the site plan and outlined conditions of the
approval.
Commissioner Clark inquired if there was discussion of the elimination of
one of the two access points to the business as this is a high traffic area
and he believes two access points may be problematic. Mr. Chirpich
replied that both access points are critical to the function of the site and
that they were narrowed as a revision of the originally submitted plan.
Mr. Alan Brixius, Planning Consultant, added that the west curb cut will
be egress and right turn only.
Commissioner Brinkman was concerned if the vast amount of items that
needed to be addressed with the site plan would in fact be able to be
accomplished. Mr. Brixius asserted that there are still a number of items
that still need approval and indicated that had this been an existing
business in the area, the site plan would have been reviewed
administratively and not by the Planning Commission.
Chair Svendsen wanted clarification on whether or not there would be a
pedestrian door in the rear of the building and if there would be lighting
above this door. David Knaeble, Civil Engineer of Civil Site Group, came
forward and clarified that the architect would have to include this feature
in the final design of the building.
Commissioner McKenzie wanted clarification on where employees who
utilized the shared parking would cross from the neighboring business to
the sandwich shop. Mark Krogh, Principle of Java Properties, replied that
they are still unsure as to which business they would have the shared
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Planning Commission Meeting June 2, 2015
parking agreement with, so was unsure as to where employees would
cross. Mr. Aaron Chirpich stated that the shared parking situation has
not been factored in to this assessment and would need to be dealt with
independently.
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 Landyto close the public hearing. All voted in
favor. Motion carried.
Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman,
Item 4.1 to approve Planning Case 15-09, request for a variance and site plan
review to allow construction of a sandwich shop, 7820 42 Ave N, Patrick
nd
Sarver, petitioner, with the following conditions:
1.The applicant must identify any rooftop equipment and
meet all screening requirements for such equipment.
2.Address numbers of a contrasting color and minimum
height of 6” shall be added to the south elevation (facing
42nd Avenue North) of the building.
3.The applicant shall submit a comprehensive sign plan that
details all proposed signage for the site. This plan is subject
to review and approval by the City.
4.The applicant shall enter into a site improvement agreement
with the city to ensure the completion of all required
improvements (to be prepared by the City Attorney).
5.The applicant shall enter into a storm water maintenance
agreement with the City (to be prepared by the City
Attorney).
6.The grading, utility, and erosion control plans shall be
reviewed and be subject to final approval by the City
Engineer.
7.The applicant shall provide a color elevation of the
proposed building.
8.The applicant will provide record plans or as-built drawings
to the City following project completion.
9.The applicant will secure administrative use permits for the
outdoor dining area and drive through service lane.
10.Additional lighting above the rear door near the trash
enclosure will be included.
11.The rooftop equipment will be painted to match the
building.
Voting in favor: Schmidt, Svendsen, Mckenzie, English, Gehring, Landy,
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Planning Commission Meeting June 2, 2015
Smith, Brinkman
Voting against: Clark
Absent: None
Motion approved 8-1
Mr. Jeff Sargent, Community Development Director, requested rationale
for the dissenting vote so that the City Council could be informed.
Commissioner Clark replied that he believed a new site should not ever
be allowed dual access, or that there should at least be a detailed
explanation as to why a single point access is not plausible.
Chair Svendsen stated that the City Council would consider this planning
case at its June 22nd meeting.
Planning Case 15-10 Chair Svendsen introduced Item 4.2, request for a site plan review to
allow construction of North Memorial Health Clinic at 8100 42 Ave N,
Item 4.2
nd
Patrick Giordana, petitioner.
Mr. Jeff Alger, Community Development Assistant, gave background
information on the potential development. The proposed site plan would
be located in the New Hope City Center, an area that has been the focus
of city staff, consultants, and community stakeholders to redevelop since
2010. During this process, the lot where Kmart formerly existed was
bought and sold by the City to Hy-Vee for the construction of a grocery
store on the condition that the project include construction of an office or
retail space at property located at Lot 3, Block 1, 8100 42 Avenue North
nd
begin by October of 2017 and be completed by the end of October 2018.
The proposed site plan would satisfy this requirement, including a 14,740
square foot North Memorial primary care medical clinic which would
continue to be owned by Hy-Vee.
Mr. Alger went on to describe the site plan, touching first on accessibility.
The vehicle access points will be located at the southwest corner of the
parcel along 42 Avenue North and at the corner of the parcel adjacent to
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the New Hope City Center Mall/Applebee’s. There are three proposed
entrances to the parking lot and no anticipated issues from an emergency
access or turning radius standpoint. The parking lot will be paved with
curbs and striped accordingly. The location, design, and paving
materials used for sidewalks and crosswalks are consistent with the PUD
Master Plan. The proposed parking arrangement meets the City Center
district standard with 67 stalls, four disability parking stalls and four
bicycle parking spaces. The proposed loading area will be utilized
during the clinic’s after-hour timeframe.
Alger then presented the design elements of the site plan. The proposed
site plan includes 25.1% green space coverage, which meets the City
Center District standards. The landscaping plan includes a variety of
trees, shrubs, perennials, and fencing consistent with the Hy-Vee grocery
store parking lot. The parking lot light fixtures will also match the styling
of the nearby Hy-Vee. The signage will include two wall signs and a
proposed monument sign. The address numbers are to be visible to 42
nd
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Planning Commission Meeting June 2, 2015
Avenue North as requested by the Deputy Fire Marshall. The storm
water would be treated by an underground storm water retention facility
and is required to be cleaned annually. The nearby Hy-Vee grocery store
parking area will be utilized for snow storage. The majority of the
proposed building design meets the city’s Design Guidelines, but the west
façade does not, exceeding the 10% maximum of accent materials
allowed. Requiring compliance with the architectural standards is a
policy decision for the Planning Commission and City Council.
Alger explained the site plan met zoning code criteria in the following
ways: the proposal is consistent with specific goals of the Comprehensive
Plan to redevelop this land; it is generally consistent with the purposes of
the City Code; the proposed plans introduce a vast array of green space
not currently on the site; the proposal for site and building is believed to
be adequate and of a harmonious nature; it creates an internal sense of
order as it incorporates design elements from PUD Master Plan; the
landscaping is approved with the PUD Master Plan; the majority of
proposed building materials and colors are consistent with the intent of
the New Hope Design Guidelines; the vehicle access points, three
proposed entrances to the main parking lot as well as parking lot design
are sufficient; the proposed building will use modern building materials
and technologies to maximize energy conservation; the storm water will
be treated with an underground tank, and the impact to sound and sight
buffers will be minimal as will alterations to views, light and air.
Mr. Alger stated that the Design and Review Committee met with the
applicant on May 14, 2014 and was in favor of the proposed development
and was pleased that the applicant intends to coordinate the opening of
the clinic with that of the Hy-Vee grocery store. Property owners within
350 feet of the parcel were notified by mail and a legal notice was
published in the SunPost newspaper on May 21, 2015. Staff has not
received any questions or opposition regarding the development.
Alger concluded that staff recommends that the Planning Commission
recommend approval of the site plan review and outlined conditions of
approval.
Commissioner McKenzie inquired if the first condition of approval from
the staff recommendation as stated by Alger was administratively valid.
Ms. Stacy Woods, Assistant City Attorney, clarified that the site plan
could be approved with the outlined condition. Mr. Jeff Sargent added
that the Planned Unit Development (PUD) District allows for flexibility in
design requirements.
Chair Svendsen motioned for the applicant to come forward to address
the Commission. Mr. Patrick Giordana of 877 Kingsway Road in Hudson,
Wisconsin stepped to the podium.
Chair Svendsen questioned the reason for the amount of metal on the
building. Mr. Giordana clarified that this design element is believed to
make the building distinctive from the future neighboring grocery store.
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Planning Commission Meeting June 2, 2015
Chair Svendsen invited interested parties from the audience to come
forward to address the applicant or staff. No one came forward to
address the applicant or staff.
Svendsen opened the case up to further discussion. Being that there was
no further discussion, he opened for a motion.
Motion by Commissioner Landy seconded by Commissioner Brinkman
to close the public hearing. All voted in favor. Motion carried.
Motion Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
Item 4.2 approve Planning Case 15-10, request for a site plan review to allow
construction of North Memorial Health Clinic at 8100 42 Ave N, Patrick
nd
Giordana, petitioner, with the following conditions:
1.Determination of acceptability of building materials on west
façade by Planning Commission, which may involve
reduction of percentage of metal or approval of design as
proposed by applicant.
2.Applicant must identify any rooftop equipment and meet all
screening requirements.
3.Parking lot light fixtures shall match those of Hy-Vee in
fixture design, color, and pole height.
4.Lighting at the building entrance shall be adjusted to
increase the amount of foot candles to an average of 5.0.
5.Landscaping shall be removed around Fire Department
Connection to create 5 foot clearance.
6.Address numbers of a contrasting color and a minimum
height of 6” shall be added to the south elevation (facing
42nd Avenue North) of the building.
7.Sign permits shall be obtained for each individual sign along
with other required building permits.
8.Crosswalk paving materials shall match the crosswalks in
the balance of the Hy-Vee PUD Master Plan.
9.Applicant shall enter into site improvement agreement with
city to ensure the installation of all required improvements,
including storm water maintenance agreement for
underground storm water system (to be prepared by the
city attorney).
10.Applicant shall provide financial guarantee/performance
bond for landscaping and site improvements (amount to be
determined by city engineer and building official).
11.Storm water plans shall be approved by the city engineer
and the Shingle Creek Watershed Management
Commission.
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Planning Commission Meeting June 2, 2015
12.Grading, utility, and erosion control plans shall be reviewed
and approved by the city engineer.
Voting in favor: Schmidt, Svendsen, Mckenzie, English, Gehring, Landy,
Smith, Clark, Brinkman
Voting against: None
Absent: None
Motion approved 9-0
Chair Svendsen stated that the City Council would consider this planning
case at its June 22nd meeting and welcomed the applicant to New Hope.
COMMITTEE
REPORTS
Design and Review Chair Svendsen stated the Design and Review Committee was held on
May 14, 2015 and that the next potential meeting was scheduled for June
Committee
18, 2015. It was stated there was potential for two cases to be reviewed at
Item 5.1
this meeting.
Codes and Standards Chair Svendsen stated that the next Codes and Standards Committee was
scheduled for Wednesday, June 10, 2015.
Committee
Item 5.2
NEW BUSINESS No new business.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Schmidt, to
Item 7.1 approve the Planning Commission minutes of May 5, 2015. All voted in
favor. Motion carried.
ANNOUNCEMENTS Chair Svendsen announced that he and Commissioner Landy are serving
on the Space Needs Committee that will be reviewing the need for a
change to City Hall. The committee will determine if City Hall should be
remodeled, relocated, rebuilt, or if no change is needed.
Chair Svendsen requested that members of the Commission reply to
meeting invitation or reminders conveying whether or not they will be in
attendance.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:20
p.m.
Respectfully submitted,
Emily Becker, Recording Secretary
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Planning Commission Meeting June 2, 2015