040516 planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES April 5, 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, Bill Smith,
Christopher Hanson, Jim Brinkman, Tom Schmidt, Roger
Landy
Absent: Greg Gehring, Scott Clark
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich, Community Development Specialist; Jeff Alger,
Community Development Assistant; Stacy Woods, Assistant
City Attorney; Al Brixius, City Planner; Eve Lomaistro,
Recording Secretary
NEW BUSINESS None
PUBLIC HEARING
Planning Case 16-04
Item 4.1
Chair Schmidt introduced Item 4.1, request for approval of a Conditional Use
Permit (CUP) amendment to expand an outdoor deck and request for CUP
for deferment of required parking, known as New Hope Bowl Lounge, Inc.,
7107 42nd Avenue North, New Hope Bowl Lounge, Inc./Greg Bender,
petitioner.
Mr. Jeff Alger, Community Development Assistant, gave background on
the planning case, elaborating that in December 2007, the applicant
requested a CUP to construct two seasonal volleyball courts, which was
tabled by the Planning Commission after several neighbors expressed
concerns. In January 2008, after the applicant amended the plans to address
some of the neighborhood’s concerns, the Planning Commission
recommended approval of the proposed project.
Alger went on to explain that the original CUP request included plans for
the construction of a 68-foot long deck to be built in front of the business.
As a condition of approval of the original CUP, the deck would not be able
to be expanded. Since its construction, there have been no police calls
generated by the business pertaining to the use of the volleyball courts o r
associated deck.
Alger explained that the applicant now wants to enlarge the deck, which
would require an amendment to the original CUP granted in 2008. As a
result of the expansion of the deck, the property would lose four parking
stalls. Because the property is already under parked, the applicant would
also need a CUP for a deferment of the lost parking stalls. The applicant
has submitted a proof-of-parking plan indicating where the four parking
Planning Commission Meeting April 5, 2016
2
stalls could be constructed if ever need be.
Next, Alger reviewed the zoning analysis needed for the Planning
Commission to take action on the proposed CUPs. He reviewed building
setbacks, lighting, hours of operation, traffic circulation and access, and the
outdoor dining requirements, finding that they all comply with City Code.
Alger also reviewed the Conditional Use Permit findings and indicated
that they also meet the intent of the Code.
Property owners within 350 feet of the parcel were notified by mail,
including those that resided in the City of Crystal , and a legal notice was
published in the SunPost newspaper.
Alger concluded that staff recommended approval of the amendment of
the original Conditional Use Permit to allow the extension of the deck, and
approval of the CUP for the deferment of parking.
Chair Schmidt questioned whether any of the Commissioners had any
questions for staff or the applicant, and none did. With that, Chair Schmidt
opened the Public Hearing for comments.
Scott Van Wey, 4125 Kentucky Circle in Crystal, MN addressed t he
Planning Commission. He stated that he was one of the neighboring
property owners who had a concern regarding the original CUP allowing
the volleyball courts and deck. He stated that once the deck was built, it
wasn’t as bad as they first feared it would be, but it is still a noisy situation.
He fears that the expansion of the deck would increase the amount of noise
generated from the property and thinks this would affect his property
value. Mr. Van Wey noted that on a couple of occasions, he has talked to
the New Hope Bowl staff about the excessive noise, but has never called
the police because of it. Commissioner Brinkman asked how many times
since 2008 that Mr. Van Wey has spoken with New Hope Bowl about it
being too noisy. Mr. Van Wey responded that he’s spoken with them about
2 to 3 times over the last 8 years.
Commissioner Smith asked the applicant what the reason was to go from a
previously proposed 8-foot fence along the eastern edge of the deck down to
7 feet. Greg Bender, owner of New Hope Bowl responded that an 8-foot
fence required engineering and that a 7-foot fence didn’t. He felt that a 7-foot
fence would also be sufficient in deterring excess noise.
Commissioner Brinkman asked Mr. Bender whether the bowling season and
the volleyball seasons overlap at all. Mr. Bender responded that they do not.
Being that there was no one else in the audience, Chair Schmidt asked for a
motion to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Svenden, to
close the public hearing. All present voted in favor. Motion carried.
Planning Commission Meeting April 5, 2016
3
Motion
Item 4.1
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve Planning Case 16-04, request for an amendment to a Conditional
Use Permit to allow the construction expansion of a deck located at 7107
42nd Avenue, New Hope Bowl Lounge, petitioner , with the following
conditions:
1. The condition of approval related to deck size that was approved
in 2008 shall be eliminated while the remaining nine conditions
shall remain as follows:
a. On site traffic circulation patterns must be maintained
and the east property line shall be posted as a fire lane.
b. Court lighting shall be directional toward the courts and
shall not exceed that shown in the photometric plan
submitted with the application.
c. Court lighting shall cease at 10:00 p.m.
d. No public address system shall be authorized.
e. The petitioner shall be responsible for court security and
no direct court access from the parking lot shall be
allowed.
f. Petitioner shall police the grounds daily for trash.
g. Petitioners shall make the east building exits, exit only,
including the installation of panic hardware.
h. Access to the courts shall be restricted to persons over
age 21 or legal drinking age.
i. The volleyball courts may be open seven days per week
during the daytime, but only Sunday through Thursday
in the evenings.
2. The applicant shall amend the outdoor dining and services
administrative permit to reflect changes related to the deck
addition.
3. The applicant shall obtain a building permit for the deck
addition.
Voting in favor: Svendsen, McKenzie, Smith, Hanson, Brinkman, Schmidt,
Landy
Voting against: None
Absent: Gehring, Clark
Motion approved 7-0
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve Planning Case 16-04, for a Conditional Use Permit for a deferment
of parking for the property located at 7107 42nd Avenue, New Hope Bowl,
petitioner, with the following conditions:
1. A restrictive covenant shall be recorded against the subject
Planning Commission Meeting April 5, 2016
4
property that mandates the construction of the proof of parking
area, if the city finds that the demand for on -site parking exceeds
the available supply. This covenant will also preserve the proof
of parking area from any other type of construction.
2. The applicant must submit a revised site plan that includes the
parking stall dimensions and setbacks for the proof of parking
area.
Voting in favor: Svendsen, McKenzie, Smith, Hanson, Brinkman, Schmidt,
Landy
Voting against: None
Absent: Gehring, Clark
Motion approved 7-0
Planning Case 16-05
Item 4.2
Chair Schmidt introduced Item 4.2, request for rezoning and subdivision of
the parcel located at 6065 Louisiana Avenue North in order to facilitate the
development of two new detached single-family homes, Economic
Development Authority in and for the City of New Hope, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. The New Hope Economic Development
Authority purchased the property in November of 2015, with the intent to
subdivide the property to create two single-family lots. The lot currently
contains a vacant and distressed home with two detached garages and the
property is scheduled for demolition by the end of April, 2016.
Chirpich explained the rationale for rezoning the property to R-2, One and
Two Family Residential, in that the zoning is consistent with zoning in the
area and would provide a nice transition from the medium density and
high density residential zones in the area. Next, he reviewed the findings
needed in order to rezone the property and established that the proposal is
consistent with the intent of the Code.
Chirpich then explained the subdivision process and indicated that the
subject parcel is an un-platted piece of land. For this reason, the property
needs to go through the full platting process. He indicated that the name of
the plat would be “McDonald’s Addition to the City of New Hope,” to pay
homage to the current City Manager, Kirk McDonald.
Next, Chirpich reviewed the minimum lot width and lot area requirements
and illustrated that the proposed subdivision would result in lots that
exceeded the minimum requirements. As part of the subdivision process,
he also mentioned that a park dedication fee in the amount of $1,500 would
be required.
Property owners within 350 feet of the parcel were notified by mail and a
legal notice was published in the SunPost newspaper, and the Design and
Review Committee met on March 17, 2016, to review the proposal.
Chirpich concluded that staff recommended approval of requested
Planning Commission Meeting April 5, 2016
5
Motion
Item 4.2
rezoning of the property to R-2, One and Two Family Residential and the
proposed subdivision of the property located at 6065 Louisiana Avenue.
When the opportunity for questions to staff arose, Commissioner Brinkman
asked whether this proposal would have the potential of attracting houses
that incorporated 3-car garages. Mr. Chirpich responded by indicating that
the size of the lots created would be sufficient to support 3-car garages.
Commissioner Smith asked if the City purchases properties for
redevelopment on a for-profit basis. Chirpich stated that the City purchases
lots and has the ability to use Hennepin County grant resources to cover
any losses. Community Development Director Jeff Sargent added that the
City does not operate on a for-profit basis.
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 McKenzie, 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 16-05, a request for rezoning and subdivision of the
parcel located at 6065 Louisiana Avenue North in order to facilitate the
development of two new detached single-family homes, Economic
Development Authority in and for the City of New Hope, petitioner, with the
following conditions:
1. Upon completion of the subdivision, the EDA shall pay park
dedication fees totaling $1,500.
2. The final plat is subject to the review and approval of the City
Attorney.
Voting in favor: Svendsen, McKenzie, Smith, Hanson, Brinkman, Schmidt,
Landy
Voting against: None
Absent: Gehring, Clark
Motion approved 7-0
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
Chair Schmidt stated the next Design & Review Committee meeting is
scheduled for Thursday, April 14, 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 Director Sargent addressed the Planning Commission to update them on a
Planning Commission Meeting April 5, 2016
6
Item 6.1
Director Sargent addressed the Planning Commission to update them on a
proposal by LifeTime Fitness to put an addition onto the back side of the
building and improve the appearance of the western elevation through the
incorporation of EFIS throughout the design. He indicated that although this
does not meet the minimum intent of the Design Guidelines, which requires
new construction to incorporate at least 60% brick or stone, that staff feels
that this could be viewed as maintenance to an existing structure. Sargent
reminded the Commission that LifeTime Fitness could just repaint the
building, but that that option would not be as appealing as the use of EFIS.
Sargent asked for the Planning Commission’s support of staff’s
interpretation to allow LifeTime Fitness to move forward with their proposal
by using EFIS throughout the design.
Commissioner Svendsen questioned whether LifeTime Fitness would be
incorporating new garbage can enclosures as part of their design. Sargent
stated that he was unsure of their intent, but that staff would address this
with them in the future.
Commissioner Svendsen questioned whether or not LifeTime would change
their entrance location with the proposed addition, and whether the city
would require the connection between Hy-Vee and Winnetka Avenue to be
installed as a result. Sargent stated that there will not be a patron entrance
associated with the proposed addition, and that the city would not be
pursuing the construction of the street connection between Hy-Vee’s
property and Winnetka Avenue.
The Planning Commission agreed with staff’s interpretation and would
allow LifeTime Fitness to pursue with the proposed construction with no
further action needed by the Commission.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy seconded by Commissioner Brinkman, to
approve the Planning Commission minutes of March 2, 2016. All present
voted in favor. Motion carried.
ANNOUNCEMENTS Director Sargent announced that the city filled the vacant Administrative
Specialist position in the Community Development Department and that she
will start on April 18.
Commissioner McKenzie asked if there was any update on the proposed
Dunkin Donuts lot at 7820 – 42nd Avenue or the Jimmy John’s restaurant at
3535 Winnetka Avenue. Sargent indicated that staff has not heard anything
new regarding the proposed Jimmy John’s Restaurant and Aaron Chirpich
explained that Dunkin Donuts is in the process of further refining their plans
before they submit for a building permit.
Chirpich also informed the Planning Commission that staff has recently been
contacted by the owners of the vacant gas station located at 7231 – 42nd
Avenue and that the owners are planning on demolishing the building in the
near future.
Planning Commission Meeting April 5, 2016
7
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:00 p.m.
Respectfully submitted,
Jeff Sargent, Community Development Director