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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