030216 planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES March 2, 2016
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 Schmidt called the meeting to order at 7:00
p.m.
ROLL CALL Present: Steve Svendsen, Christopher McKenzie, Greg Gehring, Bill
Smith, Christopher Hanson, Jim Brinkman, Tom Schmidt,
Roger Landy, Scott Clark
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich, Community Development Specialist; Stacy Woods,
Assistant City Attorney; Al Brixius, City Planner; Chris Long,
City Engineer; Eve Lomaistro, Recording Secretary
NEW BUSINESS None
PUBLIC HEARING
Planning Case 16-02
Item 4.1
Chair Schmidt introduced Item 4.1, request for preliminary and final plat
approval, a rezoning of property from R-4, High Density Residential to PUD,
Planned Unit Development , and a Site Plan Review for the construction of a
four-story, 183-unit high amenity luxury apartment community, 8400 Bass
Lake Road, Alatus LLC, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case, elaborating that the city’s Economic
Development Authority purchased the property in 2008 and demolished
the five 12-unit apartment buildings on the site in preparation for future
redevelopment. Alatus, LLC was identified in 2015 as the preferred
developer of the site. The proposed development includes a 183-unit, four-
story luxury apartment community with several high-end amenities.
Chirpich reviewed the platting requirements with the Planning
Commission and explained that Hennepin County will need to review the
plat to determine that the right-of-way and site access points are
acceptable. Chirpich also indicated that there are several existing
easements that will need to be vacated and several future easements that
need to be added in order for the project to be approved.
Next, Chirpich discussed the proposal to rezone the property from R-4,
High Density Residential to PUD, Planned Unit Development, and went
over the required findings needed to rezone properties in New Hope. He
explained that the PUD zoning district would allow the City Council to
give flexibilities to the applicant pertaining to site design and architecture.
He explained that because of the size of the property, Alatus has requested
to take advantage of the PUD flexibilities in the following areas: Lot
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density, needed to increase lot density from 24 units per acre to 52 units per
acre; Parking, to allow a reduction in the required number of parking stalls
from 2.25 per unit to 1.41 per unit; Building setbacks, to allow the patios
and porches to encroach into the required side and rear property lines.
Chirpich went on to describe the project’s vehicular access into the site and
the circulation of the traffic within the site, reiterating that Hennepin
County would need to approve the relocation of the golf course driveway,
as it will be shifted onto Alatus’ land, and used jointly with them. Along
with the joint use of the entry along Bass Lake Road, Chirpich also pointed
out that Alatus will rebuild the trash enclosure on the golf course property
and jointly use the location for their trash storage needs. This would
require PUD flexibility, as the trash enclosure is located too close to the
property line, as well as an easement for the joint use.
In relation to the usable open space and landscaping, Chirpich cited that
the proposed design was well thought out and impressive. The applicants
propose to place some trees within the Yukon Avenue right-of-way, which
would be allowed through the PUD zoning.
Chirpich briefly reviewed the project’s proposed grading, drainage and
storm water retention areas, and explained that these elements are still
being engineered and will be finalized at a later date.
Mr. Chris Long, City Engineer, spoke about the site’s needed utility
upgrades and the possibility of the city constructing a new lift station and
grinder station to help service the golf course and the proposed project. Mr.
Long also explained that the water line along Yukon Avenue would most
likely need to be upsized to accommodate the new project’s capacity.
Mr. Aaron Chirpich continued the presentation by outlining the proposed
building elevations, the use of building materials, proposed signage and
the proposed lighting for the project. He stated that the building materials
were acceptable, although they did not precisely meet the requirements of
the Design Guidelines. He suggested that the proposed building materials
should be approved through the PUD zoning process.
Last, Chirpich stated that the proposal meets all the findings to support the
approval of the proposed site plan.
Property owners within 1,000 feet of the parcel were notified by mail and a
legal notice was published in the SunPost newspaper.
Chirpich concluded that staff recommended approval of the preliminary
plat, the rezoning of the property from R-4, Multiple-Family Residential to
PUD, Planned Unit Development and approval of the site plan.
When the opportunity for questions to staff arose, Commissioner Brinkman
asked when Hennepin County would approve the application. Chirpich
responded by informing Brinkman that Hennepin County reviews the plat
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concurrent with staff’s review and that staff would require the findings
from Hennepin County before the final plat is approved. Brinkman next
asked whether all of the trash generated by the Alatus development would
go to the proposed trash enclosure, or if some would be stored onsite.
Chirpich indicated that all of the garbage would be disposed of in the trash
enclosure and that trash pick-up would be every other day.
Commissioner Clark commented that from a regulatory standpoint, zoning
ordinances typically cannot deal with a redevelopment property the way
they typically do with a normal vacant piece of property, and that the
proposed project is located on a very difficult, small site, so there is a need
for a Planned Unit Development. He then commended the developer and
his team, along with staff for proposing a fabulous project. The investment
into the community of over $30 million will help catapult other
redevelopment that could happen in the city. He felt that the parking
analysis performed by the developer shows that what is being proposed
for parking is more in line with the market’s needs and he is confident that
the developer would not proposed building a project that is under parked.
Commissioner McKenzie asked about the status of burying the overhead
utility lines along Bass Lake Road from Yukon to Winnetka Avenue.
Chirpich indicated that staff is currently working with Xcel Energy to get
an estimate for the cost to bury the lines for the entire stretch. Director
Sargent added that a more comprehensive approach will be made to
ensure that the north side of the Bass Lake Road corridor becomes more
aesthetically appealing as a result of the project, including spacing out
street lights and removing existing power poles. McKenzie then questioned
whether the proposed upgrading of the waterline along Yukon Avenue
would trigger a large street project. Chirpich indicated that the waterline is
located in the right-of-way and should not require a disturbance of the
street when it’s upsized.
Chair Schmidt motioned the applicant to come forward. Dan Werry from
Alatus presented himself to help answer questions. Commissioner
Svendsen questioned the traffic study and was concerned about the
potential stacking problems that might arise in the morning peak hours
with traffic trying to leave the site. Mr. Werry stated that there would be
about a two-second waiting period for traffic leaving the site and they
didn’t think stacking would pose a problem.
Commissioner Smith asked whether the underground parking had two
dead-ends as part of the design, as was shown on the plans. Tod Elkins, the
project architect, stated that there are dead-ends, but each tenant would be
assigned their own spot. This would alleviate concerns of people having to
back out of the dead-end area when trying to find an open space.
Chair Schmidt inquired if anyone in the audience wished to address the
Commission. Being that no one spoke, he asked for a motion to close the
Public Hearing.
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Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
close the public hearing. All present voted in favor. Motion carried.
Motion
Item 4.1
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve Planning Case 16-02, request for a Subdivision and Preliminary
Plat approval for 8400 Bass Lake Road, Alatus, LLC, petitioner, with the
following conditions:
1. The applicant shall pay a park dedication in the amount of
$17,650 prior to recording the final plat.
2. The plat and title is subject to the review and approval of the
City Attorney.
3. The existing easements running through the center of the
property are vacated.
4. The final plat must establish all necessary new easements.
Easement locations and sizes must be approved by the City
Engineer.
5. An easement for the applicant to extend storm sewer across the
property line into the golf course pond must be created and
recorded separate from the plat.
6. An access easement between the applicant and the city for the
shared curb cut and driveway must be created and recorded
separate from the plat.
7. An access easement must be crated and recorded separate from
the plat outlining the shard usage of the trash enclosure.
Voting in favor: Svendsen, McKenzie, Gehring, Smith, Hanson, Brinkman,
Schmidt, Landy, Clark
Voting against: None
Absent: None
Motion approved 9-0
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve Planning Case 16-02, a rezoning of the property to PUD, Planned
Unit Development and Development Stage Approval, 8400 Bass Lake Road,
Alatus, LLC, petitioner, with the following conditions:
1. The developer shall enter into a development agreement and a
Planned Unit Development agreement with the city. This
agreement will include, but not be limited to the following:
The plan set may be amended that defines the physical
composition of the site and building.
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Language allowing easement and right-of-way
encroachments.
Language for shared use of the proposed trash enclosure.
Language for maintenance of shared facilities.
Language indemnifying the city from any damage to
private improvements located in easements or rights-of-
way.
Language that outlines the responsibility of the owner to
restore private improvements located in easements and
rights-of-way should they be damaged.
Language that addresses any of the agreed upon
operations that are integral to this development.
2. The city approve the development stage plans date 2 -19-16 for a
183 unit apartment building with a parking ratio of 1.41 stalls per
unit for the property located at 8400 Bass Lake Road.
3. The city approve the requested setback encroachments for the
decks located on the south and east side of the building.
4. The city approves the requested setback encroachment for the
drive isles, service drive and parking lot on the east side of the
building.
5. The access onto Bass Lake Road is approved by Hennepin
County.
6. The site plans be revised to provide seven disability parking
stalls.
7. The applicant provides a snow removal plan for the site that
includes provisions for clearing snow from the public s idewalks
surround the site.
8. The location of the proposed trash enclosure shall not interfere
with the design, location or operation of the city sanitary sewer
project along the sites east property line.
9. The applicant shall provide a description of how disability
parking users in the east parking lot will access the building.
10. The site plan shall provide a pedestrian connection to the golf
course.
11. The overhead utilities on the perimeter of the site shall be
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buried.
12. The City Engineer and Watershed District shall review and
approve the site grading and storm water management plans.
13. The applicant shall enter into a storm water maintenance and
management agreement with the City (to be prepared by the City
Attorney).
14. The site utility plan shall be subject to review and final approval
by the City Engineer, Fire Marshal, and Public Works.
15. The applicant will work the city and City Engineer to coordinate
the proposed sanitary sewer improvements along the eastern
property line.
16. The city shall approve the exterior building finishes as proposed
on the elevation plans dated 2-19-16.
17. The applicant shall submit a new cross section illustrating
rooftop equipment screened from a point across the street from
the project site.
18. The applicant shall shift the freestanding sign north to provide
for the required 10-foot setback.
19. The applicant shall provide sign details for the proposed traffic
control signs.
20. The applicant will agree to work with the city to develop plans
for enhancements of the shared storm water pond located on the
golf course.
21. The applicant shall provide financial guarantee and performance
bond for landscaping and site improvements (amount to be
determined by City Engineer and building official).
22. The applicant will provide record plans or as -built drawings to
the city following project completion.
Voting in favor: Svendsen, McKenzie, Gehring, Smith, Hanson, Brinkman,
Schmidt, Landy, Clark
Voting against: None
Absent: None
Motion approved 9-0
Planning Case 16-03
Item 4.2
Chair Schmidt introduced Item 4.2, request for variance related to lot width
and lot area to complete a parcel subdivision at 4415 Nevada Avenue North,
City of New Hope Economic Development Authority, petitioner.
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Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. The New Hope Economic Development
Authority purchased the property in July of 2015, with the intent to
subdivide the property to create two single-family lots. The property has
been demolished and cleaned up in preparation for construction.
Chirpich explained what the minimum lot with and lot area standards
were for the R-1, Single-Family Residential district, and that in order to
split the property into two equally sized lots, a variance for both lot area
and lot width on each of the properties would be required. He stated that
on two separate occasions in the past, an applicant requested the
subdivision and variance requests needed to split this property, and that
on each occasion, the City Council approved the requests. One request was
in 1963 and the other in 1974.
Next, Chirpich reviewed the zoning code criteria needed for the City
Council to approve variances for lot width and lot area, and indicated that
staff concluded that the findings support the approval of the requested
variances for the project.
Last, Chirpich stated that the property would be subject to pay a park
dedication fee of $1,500 for the subdivision.
Property owners within 350 feet of the parcel were notified by mail and a
legal notice was published in the SunPost newspaper.
Chirpich concluded that staff recommended approval of requested lot area
and lot width variances needed to subdivide the property into two
buildable lots at 4415 Nevada Avenue.
When the opportunity for questions to staff arose, Commissioner Svendsen
questioned whether approving the variances for a substandard lot would
set precedence for future developers wanting to subdivide small lots.
Director Sargent responded by saying that each variance request is unique
in its own right and should be reviewed independently. He also stated that
the Planning Commission and City Council should consider each request
in relation to the neighborhood, the size of the variance request and any
other issues that might play into the decision before acting on the request.
Pertaining to the variance request in this case, Sargent felt that the request
was a reasonable use of the land and should be approved. Alan Brixius,
City Planner, pointed out that the Comprehensive Plan was very specific
about the potential redevelopment of this area for single-family
development. Commissioner Clark stated that the proposal made sense
based on the lot width to lot depth ratio that would result after the
subdivision and single-family homes would work on the newly created
lots.
Commissioner Brinkman referred to a past City Council action denying a
lot split that would have resulted in the construction of two single-family
homes built with three-car garages and asked whether the Planning
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Motion
Item 4.2
Commission could make a condition of approval that no three-car garages
could be constructed. Chirpich indicated that most likely, two-car garages
would be constructed, but that staff would be open to a three-car garage
plan if it fit properly on the lot.
Chair Schmidt inquired if anyone in the audience wished to address the
Commission. Being that no one spoke, he asked for a motion to close the
Public Hearing.
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
close the public hearing. All present voted in favor. Motion carried.
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve Planning Case 16-03, request for a request for variance related to lot
width and lot area to complete a parcel subdivision at 4415 Nevada Avenue
North, City of New Hope Economic Development Authority, petitioner, with
the following conditions:
1. Upon completion of the minor subdivision, the city shall pay
park dedication fees totaling $1,500.
2. The lot areas and lot widths depicted on the submitted certificate
of survey are approved.
Voting in favor: Svendsen, McKenzie, Gehring, Smith, Hanson, Brinkman,
Schmidt, Landy, Clark
Voting against: None
Absent: None
Motion approved 9-0
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
Chair Schmidt stated the next Design & Review Committee meeting is
scheduled for Thursday, march 17, 2016. It is expected there will be at least
one case to review.
Codes and Standards
Committee
Item 5.2
Chair Schmidt stated the next Codes & Standards Committee has not yet
been scheduled.
NEW BUSINESS
Item 6.1
No New Business.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Svendsen seconded by Commissioner Brinkman,
to approve the Planning Commission minutes of February 2, 2016. All
present voted in favor. Motion carried.
ANNOUNCEMENTS Commissioner Landy questioned whether the redevelopment of the
property located at 3535 Winnetka was still a viable project now that it was
understood that the estimated for construction came in too high. Director
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Sargent indicated that staff met with the owner and went over some different
financing options with them, so hopefully the project will proceed as
approved.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:35 p.m.
Respectfully submitted,
Jeff Sargent, Community Development Director