060104 PlanningPLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Tuesday, June 1, 2004
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
· 4.1 Case 04-03
Request for preliminary plat approval for property to be known s
Hillside Terrace, 35th and Ensign Avenues North, Alan Chazin
Homes, Inc., Petitioner
5. COMMITTEE REPORTS
5.1
5.2
Report of Design and Review Committee - June 17, 7:30 a.m.
Report of Codes and Standards Committee - June 23, 7 a.m.
6. OLD BUSINESS
6.1
Miscellaneous Issues
Stegman variance - Approved.
Slagle variance - Approved.
Frattallone Hardware CUP -Approved.
CVS Pharmacy preliminary plat, site plan review, sign variance/comp sign
plan, administrative permits - Approved.
~ AC Carlson Addition final plat - Approved.
~ Ryland Homes - Winnetka East and Winnetka Green final plats - Approved.
7. NEW BUSINESS
7.1 Review/Approval of Planning Commission Minutes of April 20 and May 4, 2004
7.2 Review of City Council Minutes of April 26 and May 10, 2004
7.3 Review of EDA Minutes of April 26 and May 10, 2004
8. ANNOUNCEMENTS
9. ADJOURNMENT
· Petitioners are required to be in attendance
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use. Th(
Planning Commission will recommend Council approval or denial of a land use proposal based upon the
Planning Commission's determination of whether the proposed use is permitted under the Zoning Code
and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the
surrounding neighborhood.
The Planning Commission holds informal public hearings on land use proposals to enable you to learn,
first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your
questions and comments become part of the record and will be used by the Council, along with the
Planning Commission's recommendation, in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the Planning Commission
will utilize the following procedure:
1. The Planning Commission Chair will introduce the proposal.
2. City staff will outline the proposal and staff's recommendations and answer any questions from the
Planning Commission.
3. The petitioner is iqvited to describe the proposal, make comments on the staff report, and answer
questions from the Planning Commission.
4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by
raising their hands. The Chair may set a time limit for individual questions/comments if a large
number of persons have indicated a desire to speak. Spokespersons for groups will have a longer
period of time for questions/comments.
5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give
their full name and address clearly. Remember, your questions/comments are for the record.
6. Direct your questions/comments to the Chair. The Chair will determine who will answer your
questions.
7. No one will be given the opportunity to speak a second time until everyone has had the opportunity
to speak initially. Please limit your second presentation to new information, not rebuttal.
8. At the close of the public hearingl the Planning Commission will discuss the proposal and take
appropriate action.
Al If the Planning'Commission recommends that the City Council approve or deny a request, the
planning case will be placed on the City Council agenda for the next regular meeting. Usually this
meeting is within one to two weeks of the Planning Commission meeting.
B. If the Planning Commission tables the request, the petitioner will be asked to return for the next
Commission meeting.
Planning Case:
Petitioner:
Address:
Request:
PLANNING CASE REPORT
City of New Hope
Meeting Date: June 1, 2004
Report Date: May 28, 2004
04-03
Alan Chazin Homes, Inc.
35th and Ensign Avenues
Preliminary Plat for Property to be Known as Hillside Terrace
I. Request
The petitioner is requesting preliminary plat approval for property to be known as Hillside Terrace to
subdivide the property into seven single-family lots, pursuant to Chapter 13 of the New Hope Code of
Ordinances.
I1. Zoning Code References
Chapter 13
Property Specifications
Zoning:
Location:
Adjacent Land Uses:
Site Area:
Lot Area Ratios:
Planning District:
Specific Information:
III.
Subdivision and Platting
R-l, Single Family Residential
Approximately 160 feet east of Ensign Avenue at the east end of 35th Avenue
R-1 single family homes to the north, west and south and St. Joseph Church
to the east
105,211 square feet = 2.4 acres
Proposed green area: 83,651 square feet = 80%
Proposed building area: 15,400 square feet = 14%
Proposed driveway area: 6,160 square feet = 6%
No. 16; The Comprehensive Plan does not specifically address this parcel of
land, however, the city promotes housing development and redevelopment
when land becomes available.
The Parish Community of St. Joseph received approval in June 2003 for a
conditional use permit and preliminary plat for the purpose of expanding the
existing church structure with a new sanctuary and an eventual residential
development of the proposed outlot. Staff had discussed the church addition
with church representatives for the last several years and suggested they may
want to consider subdividing and selling a portion of the excess property for
single-family residential development. The final plat was approved by the City
Council on June 23, 2003, and construction on the 15,420 square foot church
addition began in September 2003, and is currently in process. The church
solicited proposals from developers for the development of the outlot in
December/January 2004 and staff has been coordinating with the current
applicant since that time.
Planning Case Report 04-03
Page I 5/28/04
IV. Background
In July 2003, the Church of St. Joseph platted its property, creating an 8.9 acre Lot 1, Block
containing the church and a 2.42 Outlot A. The intent of the outlot is to be subdivided into residential
lots consistent with the overlaying R-1 single-family residential zoning district.
Alan Chazin Homes, Inc. has filed an application for preliminary plat for Outlot A Parish Community of
St. Joseph. The preliminary plat, located west of St. Joseph Church on 35th Avenue North, consists of
seven lots on 2.42 acres. The current zoning is R-1 single family residential.
V. Petitioner's Comments
The petitioner indicated on the application that he has a purchase agreement with St. Joseph Church to
purchase the property and subdivide the parcel into seven lots.
Staff encouraged the developer to conduct an informational meeting with neighboring property owners
prior to the Planning Commission meeting. The developer sent the following correspondence to the
same property owners that received the legal notice from the city:
"We have applied to the city of New Hope for permission to Subdivide the property currently known as
Outlot A, Parish Community of St. Joseph, for seven owner-occupied, single-family homes. The
property is located east of the intersection of 35th and Ensign avenues, south of the Kimball Addition,
west of the Church of St. Joseph, and north of Hidden Valley Park. We expect that the finished value of
the homes will be between $600,000 and $800,000 each.
"Our goal in developing the property is to be sensitive to the neighborhood's character and needs. We
would like the opportunity, therefore, to discuss our plans with you and to invite your input during an
early stage of our planning. We have scheduled an informal meeting for the neighborhood's residents
and property owners and would be pleased if you could attend. The meeting will be held at 7 p.m. on
Thursday, May 27, 2004, in Room C on the upper level of the Church of St. Joseph, 8701 36th Avenue
North. We look forward to seeing you there."
City staff was invited by the developer to attend the meeting, but due to meeting conflicts, staff did not
attend. Staff also felt that it might be more appropriate for the developer to meet with the adjacent
property owners separately, prior to the city meetings.
VI. Notification
Property owners within 350 feet of the property were notified and staff has received no comments.
VII. Development Analysis
A. Zoninq Code Criteria
Subdivision and Plattinq
The purpose of this chapter is to make certain regulations and requirements for the subdivision and
platting of land within the city of New Hope pursuant to the authority contained in Minnesota
Statutes 462.358, which regulations the City Council deems necessary for the health, safety and
general welfare of this community. It is also the purpose of this chapter to safeguard the best
interests of the city of New Hope and to assist the subdivider in harmonizing his interests with those
of the city at large.
Per routine policy, the preliminary plat was submitted to city department heads, city attorney, city
engineer, planning consultant, utility companies and Hennepin County for review and comment.
Comments received include the following:
Planning Case Report 04-03 Page 2 5/28/04
Planning Consultant
Zoning/Land Use - The site is zoned R-l, single-family residential district. The purpose of this distdct
is to allow for Iow-density single-family detached residential dwelling units. The proposed single-family
subdivision is consistent with the purpose of the zoning distdct and surrounding land uses.
Lot Size - The R-1 zoning district requires a minimum lot area and width of 9,500 square feet and 75
feet, respectively. The following table illustrates the lot size of each of the proposed lots. All lots
exceed the R-1 lot size standards.
Lot Area Lot Width
Lot 1 13,962 square feet 90 feet
Lot 2 11,107 square feet 77 feet
Lot 3 13,616 square feet 77 feet
Lot 4 11,506 square feet 79 feet
Lot 5 18,528 square feet 81 feet
Lot 6 9,821 square feet 78 feet
Lot 7 10,669 square feet 55 feet
Right-of-way 16,002 square feet
Setbacks - Within the R-1 zoning district, the following minimum setbacks are required:
Front Yard 25 feet
Side Yard 10/5' feet
Rear Yard 25 feet
* five-foot side yard setback for an attached garage.
The grading plan illustrates building pads that show compliance with required setbacks.
Utility Companies - no comments received.
City Engineer - see attached correspondence and comments.
Hennepin County - not located on a county right-of-way.
City Attorney - I have received the proposed preliminary plat for the property to be known as Hillside
Terrace and reviewed the plat for compliance with the city's preliminary plat ordinances and have
noted the following:
A. City Code: The plat is technically not in compliance with City Code Section 13-4(a)(2)(e) and (g) as
those two sections require the plat to provide information out to 350 feet, which it does not.
B. Evidence of Ownership: Plat approval applicants are required to submit to the city a commitment
for title insurance. Such a commitment will allow the city to verify that the proper individuals are
signing the plat. The commitment for title insurance must be submitted to the city attomey's office
pdor to final plat approval.
The City Code states that copies of the final plat shall be submitted to the Planning Commission for its
review and recommendation, unless this requirement is waived by the Planning Commission
during its review~ of the preliminary plat. The petitioner has not submitted corresponder~c~
requesting a waiver of the review of the final plat by the Plannin,q Commission, but the issuc
was discussed and the commission may want to discuss this further with the applicanl. The
Planning Commission will need to make a determination as to whether it wants to review the final plat
or not. Due to the simple nature of the plat, staff is recommending that the Planning Commission
waive the review of this final plat.
Planning Case Report 04-03 Page 3 5/28/04
Also, the park dedication fee ordinance that was adopted last year requires a payment of $1,500 per.~
lot for single family developments so the amount due for seven lots would be $10,500 and this will b~.
included as a condition for the approval of the final plat.
Development Review Team
The Development Review Team met to review the preliminary plat request and discussed the cul-
de-sac extension of 35th Avenue, park dedication fees, grading and drainage, retaining wall, storm
and sanitary sewer, water main, and tree preservation.
Design and Review Committee
The Design and Review Committee met with the applicant on May 13 and was supportive of the
request. The committee discussed the same issues with the applicant as noted for the Development
Review Team. The applicant submitted revised plans as a result of the meeting.
Plan Description
Other comments on the revised plans not previously discussed include:
1. Streets - Lots within the subdivision are served by a cul-de-sac extension of 35th Avenue North.
The cul-de-sac is provided a right-of-way width of 60 feet (which matches 35th Avenue North)
and a turnaround radius of 60 feet and is considered acceptable.
2. Utilities - It appears that the utility plan has been revised to respond to the recommendations of
staff and the Design and Review Committee. The city engineer should comment on the
acceptability of the utility plan revisions.
Gradinq and Drainaqe - Review of the grading and drainage plan raises the following issues:
A. The site is currently wooded. Although few significant trees exist on the property, the
majority of the site will be clear-cut to establish building pads and workable drainage
patterns. The size of the areas where vegetation is to be preserved is questionable. The
applicant must provide a more detailed tree preservation plan that outlines on-site efforts to
retain existing vegetation.
B. The lookout design of the house on Lot 1 requires two retaining walls to hold the slope along
the west property line. Both walls appear to be four feet in height. Wall details should be
provided for city approvals. The walls will complicate access to the northwest comer of Lot 1
for yard maintenance.
C. The drainage swales in Lots 1, 2 and 5 run through a large portion of their rear yards.
Drainage easements must be established over these swales.
D. The grading plan extends grading to the adjoining school property. The School District must
grant permission and drainage easements for the off-site grading.
E. The city engineer shall also comment on the acceptability of the grading plan.
Ve.qetation Preservation - The site is currently heavily vegetated though few significant trees
exist within Outlot A. Changes to the grading and drainage plan has further reduced the
vegetation preservation areas.
The north vegetation preservation area is a very narrow six to ten foot strip over Lots 1 and 2,
broadening out to approximately 25 in the northeast corner of Lot 3.
A very small preservation area is also illustrated in the southwest corner of Lot 7.
.3.
Planning Case Report 04-03 Page 4 5~28~04
These tree preservation areas have not identified the type or size of plants intended to be
preserved. Additionally, the size and configuration of the preservation area raises questions as
to whether it is practical to save these areas.
Staff recommends that the applicant provide the following information pertaining to tree
preservation:
A. The applicant to identify the type and size of trees and shrubs that are to be saved within the
tree preservation area.
B. The appli.cant to provide a description of preservation efforts to be implemented on site. 1) No grading or filling within the drip lines of trees or significant vegetation.
2) Fencing be used to define the preservation areas.
The applicant's vegetation protection plan proposes the installation of 19 Black Hills spruce
along the south property line.
A. The proposed trees are located outside of the plat. All planting must be contained within the
property.
B. The spruce trees are 3.5 feet in height. To be an effective screen of the playgrounds, these
plantings must be a minimum of six to eight feet in height.
5. Boulevard Trees - Section 13.7(d)(6) of the New Hope Subdivision Ordinance requires at least
one tree, minimum two inch in diameter, per lot in a subdivision.
Planning Considerations
The planner's report has been incorporated into this staff report.
Buildinq Considerations
The building official has been involved in the review of these plans and a condition of approval will
be approval of plans by the building official.
Leqal Considerations
The city attorney provided comments on the preliminary .plat and approval is subject to the city
attorney comments. The city attorney will also prepare the development agreement for the project.
En.qineerinq Considerations
The city engineer submitted the following comments on the preliminary plat and plans:
May 26 Memo
We have reviewed the submitted revised plans for the proposed development. Revisions have
incorporated most comments previously identified in our May 13, 2004 memo. Comments not
addressed are still considered a requirement of the development. The following comments are
based on the 5/21/04 submittal:
Grading Plan comments
1. The retaining wall on Lot 1 has been modified. It. appears the wall can be constructed without
impact to adjacent property.
a. The design of the west side of the house foundation will need to incorporate the side
embankment loads.
b. It is recommended that a landscaping plan be established for Lot 1 including the area above
the retaining wall and the steep slope along the north property line. This slope will need to be
stabilized with to prevent erosion.
Planning Case Report 04-03 Page 5 5/28/04
2. Lots 3 and 4 have a limited usable backyard area as the slopes falls to the ponding area at a-~
significant rate. This could be adjusted with small retaining walls near the rear property lines.
3. The proposed grading in the rear of Lots 3 encroaches and fills a portion of the natural ravine.
This ravine was classified as wetland during the review of the regional pond. The grading plan
may need to be altered or wetlands mitigated if required. We will continue to review this issue.
4. An Emergency Overflow must be maintained between Lots 4 and 5. Overflow from the
intersection of 35~ and Ensign Will flow down the new cul-de-sac and be directed to this lot line.
We have not estimated the 100-year overflow rate but it will be significant. The Garage Floor
elevation of Lots 3 and 4 should be raised to 948.0 and the EOF elevation between Lots 4 and 5
be maintained at 946.0.
5. Adjustments have been made to Lots 6 and 7 as requested. The swale in the backyard has
been moved to the rear property line and is covered by a drainage and utility easement.
a. The proposed grading will require coordination with School District 281. The city should
participate in this coordination.
b. This change will result in additional tree loss along the rear lot lines. The applicant has
proposed to replant spruce trees in this area.
6. A local storm sewer is shown between Lots 6 and 7. This will capture runoff from the Sonnesyn
ballfields.
a. It is recommended that a flat catch basin inlet be located where the FES is currently shown.
This will improve the grading and appearance of the rear yards.
b. It is recommended that the storm sewer be extended into the school property a short
distance and the FES be located between the existing bituminous trail and the southwest
corner of Lot 7. A shallow Iow point could be graded in the very northwest corner of the
school property to capture the runoff from the ball fields. This will require coordination with
the school district.
c. The storm sewer should be increased from a 12-inch to an 18-inch diameter. This will enable
the storm sewer to convey a 100-year runoff event from the ball fields and significantly limit
the frequency of overflows through the backyards.
7. Driveway elevations should not exceed 10%: The lot 1 driveway is shown at 10% from the front
of the garage to the curb.
8. Plans will need to be submitted to Bassett Creek Watershed for review. Water quality and
quantity requirements will be met via the regional pond.
9. Construction sequencing and the construction of the regional pond was addressed in the
previous review comments. It appears that the earliest the regional pond could be constructed is
late September 2004. Provisions will need to be discussed in the sequencing of work to assure
access for the pond construction.
Utility Plan comments
10. Sanitary sewer service will be provided via an extension from 35th Avenue and Ensign .Avenue.
The sewer will be eXtended at minimum grade. The basement elevations of Lots 3, 4, and 5 are
3.7 feet above the sewer invert. This appears to be adequate assuming the sewer service is
sleeved through the foundation.
11. The storm sewer will be extended from 35th and Ensign Avenue. The diameter will be 30 inches
for the entire-length. The portion under the cul-de-sac and the section discharging to the pond is
currently shown as only 15-inch,
12.8-inch water main will be looped through the site to connect with existing water main at 35~h and
Ensign. Drainage and utility easement is provided over the water main along the lot line between
Lots 4 and 5. Adequate spacing is provided from the storm sewer along the same lot line.
13. The typical street width and cul-de-sac radius are acceptable as shown.
May 13 Memo - see attachments
Planning Case Report 04-03 Page 6 5/28/04
I. Police Considerations
The police department was involved in the review of these plans.
J. Fire Considerations
The fire department was involved in the review of these plans and a condition of approval is
approval by West Metro Fire.
VIII. Summary
The city supports the development of this property with high quality single-family homes. The proposed
subdivision meets the performance standards of the R-1 zoning district with regard to lot area, lot width,
and setbacks, The site grading plan raises some issues related to the limits of grading, retaining walls,
and vegetation preservation. The grading plan is affected by the type of home being constructed. The
Planning Commission must determine if the preliminary plat is acceptable or if additional changes are
required to the plat design.
IX. Recommendation
Pending public input from adjacent property owners and comments from the Commission, staff
recommends approval of the preliminary plat request, subject to the following conditions.
1. Enter into a development agreement with city and provide appropriate financial guarantee (amount
to be determined by city engineer and building official).
2. Comply with city engineer recommendations (May 13 and 26, 2004, memorandums).
3. Approval of plans by building official.
4. Approval of plans by West Metro Fire.
5. Planning Commission to make determination on waiver of final plat review.
6. Payment of park dedication fee upon final plat approval.
7. Comply with planner's recommendations:
A. Retaining wall details to be provided for city review and approval.
B. Drainage easements be sized and configured to cover all backyard drainage swales.
C. The applicant to provide documentation of permission and easement to grade into the School
District property.
D. The developer to provide an inventory of vegetation to be preserved (i.e., description of planting
types and sizes).
E. The applicant to provide description of vegetation preservation measures that will be
implemented on site during construction.
F. All new plantings shall be located within the plat and new spruce trees shall be six to eight feet in
height.
G. The developer shall provide at least one tree, two inches in diameter, per lot.
Attachments:
Add ress/Zoning/Topo/Aedal Maps
Petitioner Letter/Neighborhood Meeting
Revised Plans:
Preliminary Plat
Site Data
Grading/Drainage
Stormwater Notes
Planning Case Report 04-03
Page 7
5/28/04
Lookout/Walkout Sections
Utility Plan
Street Detail
Vegetation Plan
Plant Schedule
Existing conditions
Planner's Report
City Attorney Plat Comments
City Engineer Comments
St. Joseph Church Plat
Plat Distribution Letter
Application Log
Planning Case Report 04-03 Page 8 5/28/04
AVE N
~816
3616 3617
36O8 36O9
9008
36TH AVE N
/2 AVE N
3438 ~.37
34~0 3429
34.22 3421
3414 3413
~ 34O5
AVE N
SONNESYN
ELEMENTARY
SCHOOL
34-21
HIDDEN
VALLEY
PARK
BOONE
CIR
NORTHWOOD
.361
AQUILA AVE N
Z
3513
35O7
3536 3~51
353O ~1
3524 ,3~31
3518 3521
..T~f:, J ,.~11 i
YUKON
34TH AVE
PL N
Z
38TH AVE h
34TH
..... --'7""-:"'": ..... '---'1,~
.................. ~F .................... u .......................... ~ .......
................... : ........ ~:--..,... __: ~y~-'..,~_ ......
HOPE ......... ' ......... 1'"'"'-~ ...... '~:~"'~x,
Al I IANCI~ ............ ~ .... . .._..._; >. ............
..... -: ~,-_......;¢...
' - ~:--- .................................... ~ ............... , ........................... _~.~E...... ^yE
SONNESYN
ELEMENTARY
SCHOOL
X
ALAN' CHAZIN -HOMES, .INC.
Stn-rE 602
5353 WAYZATA BOULEVARD
MINNEAPOLIS, MINNESOTA 55416
TELEPHONE (952) 546-3385
May 19, 2004
Dear Neighbor,
We have applied to the City of New Hope for permission to subdivide the property
currently known as Outlot A, Parish Community of St. Joseph, for seven owner-occupied,
single-family homes. The property is located east of the intersection of 35th and Ensign
Avenues North, south of the Kimball Addition, west of the Church of St. Joseph, and
north of Hidden Valley Park. We expect that the finished value of the homes will be
between $600,000 and $800,000 each.
Our goal in developing the property is to be sensitive to the neighborhood's character and
needs. We would like the opportunity, therefore, to discuss our plans with you and to
invite your input during an early stage of our planning. We have scheduled an informal
meeting for the neighborhood's residents and property owners and would be pleased if
you could attend. The meeting will be held at 7:00 p.m., on Thursday, May 27, 2004, in
Room C on the upper level of the Church of St. Joseph, 8701 36th Avenue North. Wc
look forward to seeing you there.
Sincerely,
Enclosure
._ jJ
n-Z.-,?
Z
]nN]AV NOISN]
1. PREUMINARY PLAT
2. PREUMINARY GRADING, DRAINAGE &: EROSION CONTROL PLAN
5. PRELIMINARY STREET &: UTIUTY PLAN
4. PRELIMINARY VEGETATION PRESERVATION a: PROTECTION PLAN
5. EXISTING CONDITIONS SURVEY
LOT DATA:
[ SF AC
.BLOCK 1 LOT 1 1,3,962 0.,.32
LOT 2 11,107 0.25
LOT ,3 1,3,616 0.,31
LOT 4- 11,506 0.26
LOT 5 18,528 0.4.,.3
. LOT 6 .9,821 0.23
LOT 7 10,669 0.25
ROW .1_6,_0_02 0.37
105, -2
SITE DATA:
ZONING; R--1 SINGLE FAMILY RESIDENTIAL
ADdACENT ZONING; R-1 SINGLE FAMILY RESIDENTIAL
NUMBER OF LOTS; 7
SITE AREA; 2.4.2 AC
MINIMUM LOT SIZE; 9,500 SF
MINIMUM LOT WIDTH; 75 FT
FRONT BUILDING SETBACK; 25 FT
SIDE YARD BUILDING SETBACK; 10 FT (5 FT GARAGE
SIDE)
REAR YARD BUILDING SETBACK; 25 FT
: CRIPTION:
zlSH COMMUNITY OF ST. JOSEPH, HENNEPIN COUNTY, MINNESOTA
STORMWATER POLLUTION PREVENTION PLAN NOTE:S:
1. GRADING CON~I~ACTOR SHALL ~IFY LOCA~ONS AND ELEVATIONS OF ALL
UNDERGROUND UTIUTIES ~H THE RES~ECTIV[ UTIUTY COMPANIES
· PRIOR TO CONSTRUCTION.
2- ALL EROSION CONTROL MEASURE~ CAI I p~ FOR ON 'I~IE~E PLANS AND
SPEC/RCATION$, t~IICH MAY INCLUDE SILT FEniCE, SEDIMENTATION BASINS - '
OR ~MPORARY SF'DIMENT TRAPS, SHALL BE CONSTRUCTED AND SERVICEABLE:
IN THE FOLLOWING ORDER:
A. ROCK CONSTRUCTION ENTRANCES A MINIMUM OF 50 ~1:~.~.
B. <~LT FENCE.
C. STRAW BALE BARRIERS AT NO--CUT/NO FiLL LOCATIONS.
D. TEMPORARY CULVERt.
E. TEMPORARY SEDIMENTATION BASINS AND OUTFALL FACiUTIES.
F. STORM WATER POND CONSTRUCTION.
G. COMMON EXCAVATION AND E]dBANKMENT (GRADING)
H. SEED AND MULCH OR SOO.
I. STRAW BALE BARRIERS IN FiNISHED GRADED AREAS.
J. INLET AND OUTLET FAClUTIES SUBSEQUENT TO STORM SEWER WORK.
3. GRADING CONTRACTOR SHALL PROVIDE AND MAINTAIN ALL EROSION CONTROL MEASURES IN
ACCORDANCE WITH NPDES PHASE: II PERMITTING REQUIREMENTS AS ~ AS EROSION CONtrOL
MEASURES AS MAY BE: SHO~I ON THESE PLANS OR S~ECIFICATIONS. GRADING CONTRACTOR SHALL
IMPLEMENT ANY ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED TO PROTECT
ADJACENT PROPE:RTY.
4. ALL EROSION CONTROL FACIUTIES SHALL BE MAINTAINED BY 'IHE
CONTRACTOR DURING GRADING OPERATIONS. ANY ~EIdPORARY FADILITIES WHICH
ARE TO BE REMOVED AS CALLED FOR ON THESE PLANS AND SPEDIFICA]]ONS
SHALL BE REMOVED BY THE GRADING CONTRACTOR WHEN DIRECTED BY
ENGINEER. THE GRADING CONTRACTOR SHALL THEN RESTORE THE SUBSEQUENTLY
DISTURBED AREA IN ACCORDANCE WITH THE~E PLANS AND SPECIFiCATIONS.
5. THE GRADING CONTRACTOR SHALL SCHEDULE THE SOILS ENGINEER SO THAT
CER1]FICATION O~ ALL CONTROLLED FiLLS WILL BE FURNISHED TO THE 'OWNER
DURING AND UPON COMPLETION OF' THE PROJECT.
6.
~=~L~ND.:~S2~,,?,@~,A",[,AS_., .~Xq..EP_T. A.,EAS TO a~ PAVED AND/OR SPEC:nCALLY BEaONED BY A LANDSCAPE
~, 3m/~t.~ I~. ~,uv~_l~lr..u WIIH A MINIMUM 4 OF TOP
& MULCHED AT TH PR SOIL. ALL DIS~JRBED AREAS SHALL BE SEEDED
E ESCRIBED RATS ~tTHIN 72 Hr..~IRS OF'
FINAL GRADING UNLESS OTHERW/SE: NOTE~.
SEED MIX: MNDOT NO. 50~ 50~//ACRE
MULCH TYPE 1 2 TONS/ACRE (DIS}(ANCHORED)
FE~]UZER: 150~/ACRE
7. THE EXISTING TOPOGRAPHY AND CONTOUR FLEVATIONS SHOWN ON
PLAN V~I~E TAKEN FROM A PLAN FURNISHED BY OWNER.
8. CONI~ACTORS GRADING AND EROSION CONTROL OPERA'nONS SHALL TAKE
PLACE: VtII'IHIN THE CONSTRUCTION UMITS.
9. IT IS REQUIRED THAT SOILS TRACKED FROM THE SiTE BY MOTOR VE~ICLES
BE CLEANED DAILY FROM PAVED ROADWAY SURFACES THROUGHOUT THE
DURA~ON OF CONSTRUCTION.
10. PROVIDE TEMPORARY SEDIMENTATIO~ BASINS AS DIRECTED BY TI-IE
ENGINI~.
11. ALL EEQUIRE]dENTS OF THE LOCAL WATERSHED DISTRICT SHALL BE
SATISFIED PER TI-IE APPROV~:D PERMIT.
12. ALL EROSION & SEDIMENT CONTROL ME:ASURES SHOWN ON THIS PLAN AND
IMPLEMEN?ED IN THE FIELD AS DIRECTED BY THE: ENGINEER SHALL CONFORM TO THE MPCA'S
'PRO'IECTING WA~_R QUAUTY IN URBAN AREAS: BEST MANAGEMENT PRACTICES FOR MINNESOTA".
13. DEWAlt_RING AND/OR BASIN DRAINING DISCHARGE SHALL BE DIREC'~'D TO SEOIMENTATION BASINS
WHEREVI'.-R POSSIBLE. ALL DISCHARGE POINTS SHALL BE ADEQUATELY PROTEC~:D FORM EROSION
SCOUR THROUGH USE OF APPROVED ENERGY DISSIPA1]ON DEVICES.
14. ALL SOLID WASTE/ CONSTRUCTION DEBRIS SHALL BE DISPOSED OF IN ACCORDANCE WITH MPCA
REQUIREMENTS. HAZARDOUS MATERIALS SHALL BE STORED/ DISPOSED OF IN COMPUANCE WITH
MPCA REGULATIONS
SILT FENCE
ROCK CONST.
ENTRANCE:
OUTLET SKIMMER
S~UCTURE
RIP--RAP &
FILTER
DElI[N'I1ON POND
SEED & MULCH
STORMWATER POLLUTION PREVENTION PLAN
SCHEDULE OF INSTALLATION &: MAINTENANCE
IJ~,S_T~,J.~t~]J~ INSP£CTICXN & MAINTENANC, F REMOVAL
PRIOR TO COMMENCEMENT
OF EARTHWORK OPERATIONS.
PRIOR TO COMMENCEMENT
OF EARTHWORK OPERATIONS.
AF"/~R POND GRADING
IS COMPLETED.
UPOfl COMPL~ON OF
POND GRADING. CONC.
SWALE CONST. AND
OUTLET INSTALLATION.
DURING EARTHWORK
OPERATIONS.
AFTER FINAL GRADING
OPERATIONS.
INSPECT & MAINT.
AF'IER EACH RUN-OFF'
REMOVE SEDIUENTS
AS REQUIRED.
INSPECT REGULARLY.
MAINTAIN AS NET:DED.
INSPECT REGULARLY.
MAINTAIN AS NEEDED.
INSPECT & MAINTAIN
AT LEAST ANNUALLY
AND AFYEN HEAVY
RAINFALL EVENTS.
INSPECT & MAINTAIN
AF'IER HEAVY RAINFALL
E~]~ITS. REMOVE
SEDIMENTS AS NEEDED.
INSPECT & MAINTAIN
AF'TER HEAVY RAINS.
REPLACE WASH--OUT
AREAS IMM~[')IAT~'~ [ v
AFTER ~RIBUTARY
DRAINAGE AREA IS
RESTORED.
PRIORTOPAVING.
PERMANENT.
PERMANENT.
PERMANENT.
NO REMOVAL
NECE:SSARY.
TOP-948.6
INV.=
D&U
ESIvlT.
R/W
30'
15'
30'
15'
R
D&U
ESOT.
30' WIDE $'I'FIEET (F-F)
SURMOUNTABLE
PAVEMENT SECTION PER CITY STANDARDS VERIFY
SECTION WITH GEO'I~CHNICAL ENGINEER.
ering of Minnesota, LLC
G AND LAND SURVEYING
'TH, MN 55441 TEL (763) 383-1084 FAX ('763) 383-1089
HILLSIDE TERRAC
NEW HOPE, MINNES
ALAN CHAZIN HOI~
' PLANT SCHEDULE
!QTY ID COMMON NAME BOTANICAL NAME SIZE t MTHD REMARKS
__19 PI BLACK HILLS SPRUCE PICEA GLAUCA .3.5' BB
6" Layer of compacted
woodchip mulch
Undisturbed soll or
compacted backfill
Rubber hose collars
12 Go. wire - 3 @ 120'
Inter, vol
Planting saucer
border
24" wood stake
Ling soil
6" to 12" planting
mixture as specified.
1. Provide and install plant .5.
materials that meet specifications
and are of the size' type
and species given in plant 6.
schedule or shown on the plans.
2. Remove dead or damaged
branches. Retain the natural 7.
form of the shrub.
3. Place weed barrier.
8.
4. Place 6" layer (:After
settlement) of shredded
hardwood bark mulch or 9.
as specified otherwise.
Place mulch to form
saucer to hold water.
Remove top 1/3 of
burlap from football.
Dig plant hole 2'-0"
min. larger than ball,
oll sides.
Backfill with planting
soil.
Scarify bottom of
planting hole.
P
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanninq.¢om
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixius
DATE: May 27, 2004
RE:
New Hope - Hillside Terrace Preliminary Plat
FILE NO:
131.01 - 04.15
BACKGROUND
In July 2003, the Church of St. Joseph platted their property, creating an 8.9 acre Lot 1,
Block 1 containing the church and a 2.42 Outlot A. The intent of the outlot is to be
subdivided into residential lots consistent with the overlaying R-l, Single Family
Residential Zoning District.
Alan Chazin Homes Inc. has filed an application for preliminary plat for Outlot A Parish
Community of St. Joseph. The preliminary plat, located west of St. Joseph Church on
35~h Avenue North, consists of seven lots on 2.42 acres. The current zoning is R-l,
Single Family Residential.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Existing Conditions
Preliminary Plat
Grading Plan
Utility Plan
Vegetation Preservation and Protection Plan
ISSUES ANALYSIS
Zoning/Land Use. The site is zoned R-l, Single Family Residential District. The
purpose of this district is to allow for Iow density single family detached residential
dwelling units. The proposed single family subdivision is consistent with the purpose of
the zoning district and surrounding land uses.
Direction Land Use Zoning
North Single Family R-1
South Elementary School/Playground R-1
East St. Joseph Church R-1
West Single Family R-1
Lot Size. The R-1 Zoning District requires a minimum lot area and width of 9,500
square feet and 75 feet, respectively. The following table illustrates the lot size of eaCh
of the proposed lots. All lots exceed the R-1 lot size standards.
Lot Area Lot Width
Lot 1 13,962 square feet 90 feet
Lot 2 11,107 square feet 77 feet
Lot 3 13,616 square feet 77 feet
Lot 4 11,506 square feet 79 feet
Lot 5 18,528 square feet 81 feet
Lot 6 9,821 square feet 78 feet
Lot 7 10,669 square feet 55 feet
Right-of-way 16,002 square feet
Setbacks.
required:
Within the R-1 Zoning District, the following minimum setbacks are
Front Yard 25 feet
Side Yard 10/5' feet
Rear Yard 25 feet
* 5 foot side yard setback for an attached garage
The grading plan illustrates building pads that show compliance with required setbacks.
Streets. Lots within the subdivision are served by a cul-de-sac extension of 35th
Avenue North. The cul-de-sac is provided a right-of-way width of 60 feet (which
matches 35th Avenue North) and a turnaround radius of 60 feet and is considered
acceptable.
Utilities. It appears that the utility plan has been revised to respond to the
~recommendations of staff and the Design and Review Committee. The City Engineer
should comment on the acceptability of the utility plan revisions.
Grading and Drainage. Review of the grading and drainage plan raises the following
issues:
The site is currently wooded. Although few significant trees exist on the property,
the majority of the site will be clear cut to establish building pads and workable
drainage patterns. The size of the areas where vegetation is to be preserved is
questionable. The applicant must provide a more detailed tree preservation plan
that outlines on-site efforts to retain existing vegetation.
2. The lookout design of the house on Lot 1 requires two retaining walls to hold the
slope along the west property line. Both walls appear to be four feet in height.
Wall details should be provided for City approvals. The walls will complicate
access to the northwest corner of Lot 1 for yard maintenance.
3. The drainage swales in Lots 1, 2 and 5 run through a large portion of their rear
yards. Drainage easements must be established over these swales.
4. The grading plan extends grading to the adjoining school property. The School
District must grant permission and drainage easements for the off-site grading.
5. The City Engineer shall also comment on the acceptability of the grading plan.
Vegetation Preservation. The site is currently heavily vegetated though few
significant trees exist within Outlot A, Changes to the grading and drainage plan has
further reduced the vegetation preservation areas.
The north vegetation preservation area is a very narrow six to ten foot strip over Lots 1
and 2, broadening out to approximately 25 in the northeast corner of Lot 3.
A very small preservation area is also illustrated in the southwest corner of Lot 7.
These tree preservation areas have not identified the type or size of plants intended to
be preserved. Additionally, the size and configuration of the preservation area raises
questions as to whether it is practical to save these areas.
Staff recommends that the applicant provide the following information pertaining to tree
preservation:
1. The applicant identify the type and size of trees and shrubs that are to be saved
within the tree preservation area.
2. The applicant provide a description of preservation efforts to be implemented on
site.
a. No grading or filling within the drip lines of trees or significant vegetation.
b. Fencing be used to define the preservation areas.
The applicant's vegetation protection plan proposes the installation of 19 Black Hills
spruce along the south property line.
3
The proposed trees are located outside of the plat. All-planting must be
contained within the property.
The spruce trees are 3.5 feet in height. To be an effective screen of the
playgrounds, these plantings must be a minimum of six to eight feet in height.
Boulevard Trees. Section 13.7(d)(6) of the New Hope Subdivision Ordinance requires
at least one tree, minimum two inch in diameter, per lot in a subdivision.
CONCLUSION
The proposed subdivision meets the performance standards of the R-1 Zoning District
with regard to lot area, lot width, and setbacks, however, the site grading plan raises
issues related to the limits of grading, retaining walls, and vegetation preservation. The
grading plan is effected by the type of home being constructed. The Planning
Commission must determine if the preliminary plat is acceptable or if additional changes
are required to the plat design.
If the preliminary plat is recommended for approval, staff recommends the following
conditions:
i. Retaining wall details be provided for City review and approval.
Drainage easements be sized and configured to cover all backyard drainage
swales.
The applicant provide documentation of permission and easement to grade into
the School District property.
Subject to the City Engineer review and comment of the plat's utility and grading
plan.
The developer provide an inventory of vegetation to be preserved (i.e.,
description of planting types and sizes).
The applicant provide description of vegetation preservation measures that Will
be implemented on site during construction.
All new plantings shall be located within the plat and new spruce trees shall be
six to eight feet in height.
8. The developer shall provide at least one tree, two inch in diameter, per lot.
pc: Vince Vandertop (via e-mail)
4
05/21/2004 12:06 FAX 763 493 5193 JENSEN & SONDRALL, P.A. ~]002
DOUGI,AS J. DF. BlqY~2
CORDON L. JENS~~
CLAR~A M. KL~G
GLEN A. NORTON
SONDi~LL
STAC¥ A. WOODS
OF COUNSEL
BRYNESTAD
Pmpe~ I~w
By
Minnesota SLate
JENSEN & SONDRALL, P.A.
Attorneys At Law "'
8525 EDINBROOK CROSSING, STE. ~..,
BROOKLYN PARK, MINNESOTA $5443-1968
TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193
e-mail law(~jensen-sondrall.com
Writer's Direct Diel No.: (7~$) 201-0217
e-n~l djd~jensen-sondmll, com
May 21, 2004
VIA FACSIMILE TO: (763) 531-5136
AND BY REGULAR U.S. MAIL
Kirk McDonald
Community Development Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re:
Prellmillary Plat for I-liH~de Terrace
Our File No.: 99.15063
Dear Kirk:
I have received the proposed preliminary plat for the property to be known as "Hillside Terrace"
(hereinafter "Plat"). I have reviewed the Plat for compliance with the City's preliminary plat
ordinances found at New Hope City Code Section 13-4(a) et seq. and have noted the following:
City Code: The Plat is technically not in compliance with City Code Section I3-
4(a}{2)(e) and (g) as those two sections require the Plat to provide reformation out to 350
feet, which it does not.
Evidence of Ownership: Plat approval applicants are required to submit to the City a
commitment for title insurance. Such a commiUnent will allow the City to verify that the
proper individuals are signing the plat. The commitment for title insurance must be
submitted to the City Attorney's Office prior to final plat approval.
Please contact me with any questions or comments.
f New H~e
O~sa M. ~ug, N~ H~ ~ Ci~ A~y (via ~1 m ~je~-~o~ll.~m)
~ P. ~, New ~ Co~ ~o~t S~c~ist (vm ~1 m ~~i.~-~e.~.~)
~ Syl~, N~ H~ A~J~fiv~ S~fl S~i~t (via ~1 m ~ylves~ci.~-h~.~.~)
Vi~nt T, V~ Top, N~ Ho~ ~r (vh e~Jl m ~v~~u~.~m)
Ain Brixi~, New ~ PIn~ Co~t (yin e~il to pl~~ln~.~m)
P:~Ataome,y%DSD~. CRy of' N~v M. I:HM3 - HilMdc Tem~:~gg. 15063 - O0l - Preltmim~ Plat ApprovaJ Lm~N~V as of 5-13-04) D7 - SHORT.doc
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. Marvin L. Sorvala, P.E. Glenn R. Cook, P.E. Robert G.
Schunicht, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P,E.
Senior Consultants: Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Richard 'E. Turner,
P.E. Susan M. Ebedin, C.P.A.
Associate Principals: Keith A. Gordon, P.E. Robert R. Pfefferle, P.E. Richard W. Foster,
P.E. David O. Loskota, P.E. Michael T. Rautmann, P.E. Ted K. Field, P.E. Kenneth P.
Anderson, P.E. MarkR. Rolls, P.E. David A. Bonestmo, M.B.A. Sidney P. Williamson, P.E.,
L.S. AgnesM. Ring, M.B.A. AllanRickSchmidt, P.E. ThomasW. Peterson, P.E. JamesR.
Maland, P.E. Miles B. Jensen, P.E. L. Phillip Gravel III, P.E. Daniel J. Edgerton, P.E.
Ismael Martinez, P.E. Thomas A. Syfko, P.E. Sheldon J. Johnson Dale A. Grove, P.E.
Thomas A. Roushar, P.E. Robert J. Devery, P.E.
Offices: St. Paul, St. Cloud, Rochester and Willmar, MN Milwaukee, WI Chicago, IL
Website: www.bonestroo.com
TO: Kirk McDonald
FROM:
Vince Vander Top
CC:
Mark Hanson, Guy Johnson
DATE: May 26, 2004
SUBJECT: Hillside Terrace Review
Our File No. 34-Gen E04-08
We have reviewed the submitted revised plans for the proposed development. Revisions have
incorporated most comments previously identified in our May 13, 2004 memo. Comments not
addressed are still considered a requirement of the development. The following comments are
based on the 5/21/04 submittal:
Grading Plan comments
The retaining wall on Lot 1 has been modified. It appears the wall can be constructed
without impact to adjacent property.
a. The design of the west side of the house foundation will need to incorporate the
side embankment loads.
b. It is recommended that a landscaping plan be established for Lot 1 including the
area above the retaining wall and the steep.slope along the north property line.
This slope will need to be stabilized with to prevent erosion.
Lots 3 and 4 have a limited usable backyard area as the slopes falls to the ponding
area at a significant rate. This could be adjusted with small retaining walls near the
rear property lines.
The proposed grading in the rear of Lots 3 encroaches and fills a portion of the
natural ravine. This ravine was classified as wetland during the review of the
regional pond. The grading plan may need to be altered or wetlands mitigated if
required. -We will continue to review this issue.
An Emergency Overflow must be maintained between Lots 4 and 5. Overflow fi.om
the intersection of 35th and Ensign will flow down the new cul-de-sac and be directed
to this lot line. We have not estimated the 100-year overflow rate but it will be
significant. The Garage Floor elevation of Lots 3 and 4 should be raised to 948.0
and the EOF elevation between Lots 4 and 5 be maintained at 946.0.
Adjustments have been made to Lots 6 and 7 as requested. The swale in the backyard
has been moved to the rear property line and is covered by a drainage and utility
easement.
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
o
a. The proposed grading will require coordination with SD 281. The City should
participate in this coordination.
b. This change will result in additional tree loss along the rear lot lines. The
applicant has proposed to replant spruce trees in this area.
A local storm sewer is shown between Lots 6 and 7. This will capture runoff from
the Sonnesyn ballfields.
a. It is recommended that a flat catch basin inlet be located where the FES is
currently shown. This will improve the grading and appearance of the rear yards.
b. It is recommended that the storm sewer be extended into the school property a
short distance and the FES be located between the existing bituminous trail and
the SW comer of Lot 7. A shallow low point could be graded in the very NW
comer of the school property to capture the runoff from the ball fields. This will
require coordination with the school district.
c. The storm sewer should be increased from a 12-inch to an 18-inch diameter. This
will enable the storm sewer to convey a 100-year runoff event from the ball fields
and significantly limit the frequency of overflows through the backyards.
Driveway elevations should not exceed 10%. The lot 1 driveway is shown at 10%
from the front of the garage to the curb.
Plans will need to be submitted to Bassett Creek Watershed for review. Water quality
and quantity requirements will be met via the regional pond.
Construction sequencing and the construction of the regional pond was addressed in
the previous review comments. It appears that the earliest the regional pond could be
constructed is late September, 2004. Provisions will need to be discussed in the
sequencing of work to assure access for the pond construction.
Utility Plan comments
10.
11.
12.
13.
Sanitary sewer service will be provided via an extension from 35th Avenue and
Ensign Avenue. The sewer will be extended at minimum grade. The basement
elevations of Lots 3, 4, and 5 are 3.7 feet above the sewer invert. This appears to be
adequate assuming the sewer service is sleeved through the foundation.
The storm sewer will be extended from 35th and Ensign Avenue. The diameter will
be 30 inches for the entire length. The portion under the cul-de-sac and the section
discharging to the pond is currently shown as only 15-inch.
8-inch water main will be looped through the site to connect with existing water main
at 35th and Ensign. Drainage and utility easement is provided over the water main
along the lot line between Lots 4 and 5. Adequate spacing is provided from the storm
sewer along the same lot line.
The typical street width and cul-de-sac radius are acceptable as shown.
End of memo
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. · Marvin L. Sorvala, P.E., Glenn R. Cook, P.E. · Robert G.
Schunicht, P.E, · Jerry A. Bourdon, P.E. · Mark A. Hanson, P.E.
Senior Consultants: Robert W. Rosene, P.E: · Joseph C. Andedik, P.E. · Richard E. Turner,
P.E. · Susan M. Eberlin, C.P.A.
Associate Principals: Keith A, Gordon, P,E, · Robert R. Pfeffede, P.E~, Richard W. Foster,
P.E. · David O. Loskota, P.E. · Michael T. Rautmann, P.E. - Ted K. Field, P.E. - Kenneth P.
Anderson, P.E. · Mark R. Rolfs, P.E. · David A. Bonestroo, M.B.A.· SiOney P. Williamson, P.E.
L.S. · Agnes M. Ring, M.B.A. · Allan Rick Schmidt, P.E. · Thomas W. Peterson, P.E. · James R.
Maland, P.E. · Miles B. Jensen, P.E. · L. Phillip Gravel III, P.E. · Daniel J. Edgerton, P.E. ·
Ismael Martinez, P.E. · Thomas A. Syfko, P.E. · Sheldon J. Johnson · Dale A. Grove, P.E, ·
Thomas A. Roushar, P.E. · Robert J. Devery, P.E.
Offices: St. Paul, St. Cloud, Rochester and Willmar, MN · Milwaukee, WI · Chicago, IL
Webaite: www. bonestroo, com
TO: Kirk McDonald
FROM:
Vince Vander Top
CC:
Mark Hanson, Guy Johnson
DATE: May 13, 2004
SUBJECT:
Hillside Terrace Review
Our File No. 34-Gen E04-08
We have reviewed the submitted plans for the proposed development. The following comments
are based on this submittal:
The grading plan depicts a large retaining wall across Lots 1 and 2. The wall will be
10 feet high at the highest point.
a. It does not appear feasible to construct the wall as shown without encroaching on
adjacent properties. The wall will design will need to be certified by a licensed
engineer. All tiebacks and backfill will need to be constructed within the limits of
the property.
b. The required distance between the wall and the house will need to be dictated by
the building official.
c. The wall will be located within a drainage and utility easement which is not
desired. Any future use of the easement may require removal of the wall.
d. The property owner of Lot 1 will not be able to access the area above the wall. It
is assumed that this area will remain natural; however, some maintenance may be
required. An access should be provided.
e. The trees to be saved above the wall should be identified. The wall construction
will impact areas identified to be preserved.
f. Adjusting the house on Lot 1 to a FB and Lot 2 to a LO would decrease the
requirements of the walt. This adjustment is recommended.
The swales through the backyards must be protected by drainage and utility
easements. The swale behind Lots 1, 2, and 3 does not follow the easement. Also,
the swale behind Lots 7, 6, and 5 is outside the easement area.
The low area behind Lots 6 and 7 is not desirable. Runoff from major rain events will
be very close to the house and the basement elevation. Lots 7 and 6, at a minimum,
should be LO units if not FBs. The storm sewer between units 6 and 7 will help
drainage but not completely resolve this issue.
2335 West Highway 36 · St. Paul, MN 55113 · 651-636.4600 · Fax: 651-636-1311
o
The storm sewer should be routed between Lots 4 and 5 to prevent short-circuiting in
the pond. Maintain 10 feet of separation between the storm and water main.
Additional easement would be required along this lot line or the water main route
should be altered to nm between Lots 3 and 4.
The drainage and utility easement along the east lot line of Lot 3 must cover the HWL
of the pond. This HWL must be verified according topond design calcs.
The application will need to be submitted to Bassett Creek Watershed for review.
Storm water quality requirements will be met via the regional pond.
The applicant and City will need to discuss the construction of the improvements.
The utility construction involves lateral sanitary sewer and water main and trunk
storm sewer. Necessary work also includes mass grading for the building pads and
street and the excavation and grading of a regional water quality pond. The following
sequence is recommended by the Public Works Director, Finance Director, and City
Engineer:
a. The developer will coordinate the completion of the site mass grading. Borrow
material can be excavated from the future regional pond area.
b. The City will publicly bid the construction of the trunk sanitary sewer and lateral
sanitary sewer and water main and C&G and street. The option of using Chapter
429/assessments as a financing method would need to be explored further with the
Finance Director. The City's ability to finance these charges until assessments
are paid will need to be verified.
The City will publicly bid the completion of the regional water quality pond
assuming that this work will not be completed as part of the mass grading. It is
anticipated that this work will ultimately be funded via the Bassett Creek
Watershed CI/~. It is not anticipated that this C~ will be approved until late
summer/early fall. As such, it is recommended that Lot 4 remain open until such
time the pond can be completed. Restoration of the pond area will be completed
in 2005.
End of memo
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311
FW: St Joe's Regional Pond grading sheet
McDonald Kirk
Page 1 of 1
From: Vander Top, Vince T [vvandertop@bonestroo.com]
Sent: Thursday, May 13. 2004 6:00 PM
To: randerson@andersonengineeringmn .corn
Cc: Johnson Guy; McDonald Kirk; abdxius@nacplanning.com
Subject: FW: St Joe's Regional Pond grading sheet
Roger,
The attached PDF shows the assumed limits of the St. Joes regional pond. Obviously we would want to
coordinate the contours with the proposed subdivision.
Let me know if the PDF is suitable for your needs or if you would like the actual line work.
Vince
651-604-4790
From: Quisberg, Jason P
Sent: Thursday, May 13, 2004 5:28 PM
To: Vander Top, Vince T
Subject: St Joe's Regional Pond grading sheet
<<3403148C301_Regional Pond C301 (1).pdf>>
1:\34\3403148\Cad\Dwg\3403148C301 Regional Pond C301 (1).pdf
Jason Quisberg
Bonestroo, Rosene, .4nderlik & ~lssoc.
Phone- 65.1-604-4938
Cell - 651- 775-5121
5/17/04
$1N31q]AO~ldPll ,l~J*'U/f'l ONV' ~.¥~ IN~IO£S $.Hd3SOt' 'tS
¥/OS3NNIPI '3dOH AL.qN
Memorandum
To;
From:
Date:
Subject:
Hennepin County Public Works
Center Point Energy Minnegasco
Xcel Energy
Qwest
Comcast
New Hope City Attorney
New Hope City Engineer
New Hope Planning Consultant
New Hope Building Official
New Hope Director of Public Works
Kirk McDonald, Director of Community Development
May 7, 2004
Preliminary Plat for Hillside Terrace
Enclosed please find the preliminary plat for Hillside Terrace. The purpose is to combine subdivide
Outlot A into seven single family lots for development purposes. Please review and return your
comments by 4:30 p.m. Friday, May 21, to:
Kirk McDonald
City of New. Hope
4401 Xylon Avenue North
New Hope, MN 55428
Phone: 763-531-5119
Fax: 763-531-5136
The preliminary plat will be considered by the New Hope Planning Commission on June 1,2004.
If you have any questions, please feel free to contact me at 763-531-5119.
Enclosure
Appli-
cation
number
04-03
B.
C.
D.
Applicant
Name
Address
Phone
Alan Chazin Homes Inc
5353 Wayzata Boulevard, Suite
602
Minneapolis, MN 55416
952-546-3385
19-118-21-21-0058
CITY OF NEW HOPE
SPECIAL ZONING PROCEDURES APPLICATION LOG
C D E F G H I j
Date
application
received
by City
Date Applicant
was sent
notice
that required
information
was missing
5/7/04
Date 60-
day time
limit
expires
7/6/04
Date 120-
day time
limit
expires
9/4/04
Date
Applicant
was notified
of
extension
Deadline
for City
action
under
extension
or waiver
Date City
approved or
denied the
application
Date City
sent response
to Applicant
Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application.
Assign each application a number.
List the Applicant (name, address and phone).
List the date the City received the application.
List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the
date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line.
To calculate the 60-day limit, include all calendar days.
To calculate the 120-day limit, include all calendar days.
DesPite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G
must come before the date in Boxes E and F.)
List the deadline under any extension or waiver.
The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.)
LiSt the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before
the time limit expires.
l¥"ld A~VNII/~I-13~d
S3~OH NIZYHO NV-IV
VIOSqNNIIq '3dOH MqN
':lOyaa-41 3QIS"I'IlH
DTI 'elosouuqAI. jo ~uuoom8u~, . uos~opuv
VV~:(]:INOi$3Q
VLO$3NNIIN 'XZNnO3 NId3NN3H 'Hd3SOP '.L$ JO A.LINflnnOD HSleVd '¥ /0'IL(IO
:NOtl dl~OS3a '1VO3-1
(3als
),...qAaris SN01LLIQN03 0NU. SIX3
NY-Id N011D':llOad ~ N011¥A~..qBd NOLLV. L.3~3A ,k.,b'YNllqr'B:dd 't,.
NV'Id .IJ. rlu. I1 ~ r:n~LLS ~L~IVNINr'[3Nd '£
NV'Id '10~:U. N00 NOIS0~I :~ 3OVNIYa(] '~)Nl(]yb~3 ,kb'YNIIqrI3ad '~
IV'Id Xb'VNIIqr13)4d '.t
aNOd a':llyM i~aots
dV~ ),J. INIOIA
3 0 31 3Cll9-1-11H
/
I
(.)) C ........ ./ _
L
FLL~ON
d
~_~0 ~
· ON '..ooI
N¥-ld -IO~ilNOO NOISO~13
~ 39¥NI¥~J(] '0N10¥~9
S3PIOH NIZVHO N¥3¥
VIOS3NNIPI '3dOH M3N
3OYa~13.L 301S'IIlH
D']q 'mosouu!I~ jo gu.uoou!gu~ uosaopuv
HSd
:(]3N01S3(]
::'9'
O0 + C '~ --'
OM %
OTt:6
t
· o. ,.~,~ NV-Id
HI,ON
Y
Ail]liN
/L~IVNIINI-Iq~d
S3~OH NIZVHO NV-IV
V.LOS3NNID '3dOH ~3N
30¥~1~13.L 3QIS-I-IIH
3TI 'elosoumlN. jo i~uuooud~uH. . uosaopu¥
318vzNnom~ns
(-4-~) l_-q:ll~i8 :iOIM ,OC
\ O~ e's~e 'l
/
/
/
/
/
OM
gO~6 ~1
~ '0~'6 8
G'Ot,6 8
Oq
9
_. '3'd 'NOSa3ON¥ 'V .390. I :x.
t
I
SNOIS~3B ~0 NO~dlaO$3O ~
NORVO~dd¥-3ad
1 '
g <:J'~6 O1
0¢g6 JJ
0'1
[NV~d
NOIlO31OMd
· 3AM3$3Md
NOIIVI393A AMVNII~IgqHd
S3~OH NIZVHO NV'IV
VIOS':INNI~ '3dOH ~]N
3OVMM3.1. 3OlS-I'IIH
OTI 'mosouu!lAI jo gupoou!~uH uosaopuv
HSd
:(]3N91S30
91VJ.,]Q 9NIIN'('Id 33~U. sno~J3:llN03
HI,ON
'N '3AV Hlg~
SNOIII(]NO0
I
I
I
1
9NIISIX3
S3~OH NIZVHO NV-IV
V.LOS3NNI~ '3dON ~A3N
3OV~la3.1. 301S-IqlH
DTI 'elosouuuAI. jo ~uuoou[~u3. . uosIopuv
.....................
HSd
:N,',AV~C)
VVEI
:03N91S30
D)OSaUU)~ ',(~unoO u!dauuaH 'Hd3SOP 'IS JO L±IN~WOO HSI~IYd '¥ .LO]J_nO
~!.~3sa0 ~o6an
D
?
-1
i
SNOISIA]~I JO NOkkdl:"lSS3a 3J'vo ON
H±~ON
Memorandum
To:
From:
Date:
Subject:
Planning Commission
Kirk McDonald, Director of Community Development
May 28, 2004
Miscellaneous Issues
NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with
additional detail on Council/EDA/HRA actions on Community Development related issues or
other city projects. It is not required reading and is optional information provided for your review,
at your discretion.
May 10 Council/EDA Meetings - At the May 10 Council/EDA meetings, the Council/EDA took
action on the following planning/development/housing issues:
· Resolution accepting resi.qnation of Cindy Barrick from the New Hope Planninq
Commission and extendin.q appreciation for her service: Approved, see attached Council
request.
· Resolution callinq for a public hearinq by the City Council of the city of New Hope on
behalf of the Evanqelical Lutheran Good Samaritan Society: Approved, see attached
Council request.
· Resolution orderinq construction of and awardinq a contract for the construction of the
2004 crack repair and seal coat improvement project: Approved, see attached Council
request.
· Proiect #724, Public hearinq - resolution modifyin.q the restated redevelopment plan for
redevelopment plan no. 1 and the TIF plans for TIF districts nos. 80-2, 81-1, 81-2, 85-1,
85-2, 86-1, 02-1, 03-1 (special law) and 04-1 (special law): Approved, see attached Council
request. (also on EDA agenda)
· PC04-12, Request for a 13-foot variance to the 25-foot front yard setback requirement tn
allow construction of a .qara.qe addition, 8233 39th Avenue: Approved as recommended by
the Planning Commission.
· PC04-13, Request for five-foot variance to the 10-f°ot side yard setback requirement to
allow construction of a livinq space addition above a .qara.qe addition, 6024 Hillsboro:
Approved as recommended by the Planning Commission.
· PC04,11, Request for CUP to allow accessory outdoor sales and services and to allow
construction of a 4,264 square foot .qarden center at Winnetka Commons Shoppin.n
Center, 3566 Winnetka: Approved as recommended by the Planning Commission.
· PC04-10, Request for preliminary plat, site/buildinq plan review, si.qn variance/comp
si.qn plan and administrative permits, 7901 Bass Lake Road: Approved as recommended
by the Planning Commission.
· Ordinance 04-06, An ordinance amendinq the New Hope si.qn code re.qulatin.q "for sale"
and "for rent" si.qns and penalties for siqn code violatiop_-? Adopted, see attached Council
request and ordinance.
¸3.
· Project #723, Discussion re,qardin.q 7615 Bass Lake Road (Alano) .qap request and
motion directinq staff to proceed with preliminary loan terms: Approved, see attached
EDA request.
· Project #749, Resolution authorizin.q approval of a term sheet between the EDA and ppL
for the redevelopment of 5501 Boone Avenue: Approved, see attached EDA request.
· Project #665, Resolution approvin.q exclusive representation a.qreement (Retail Sit~-
Development Services) sale of El site property: Approved, see attached EDA request.
· Project #714, Resolution approving purchase agreement and relocation benefits 5434
Winnetka Avenue: Approved, see attached EDA request.
May 24 Council/EDA Meetinqs - At the May 24 Council/EDA meetings, the Council/EDA took
action on the following planning/development/housing issues:
· PC04-02, Resolution amendinq resolution no. 2004-84 re.qardin.q correct final plat name
for 8801 Science Center Drive to be Science Industry Center 4th Addition: Approved, see
attached Council request.
· Project #751, Resolution authorizinq the vacation of sanitary sewer easement(s), storm
sewer easement(s), slope easement(s), street easements and riqht of way easement=
and callin.q for a public hearinq to initiate the proces-~: Approved, see attached Council
request.
· Multiple projects, Resolution awardinq demolition contract to Veit & Co. for $103,068.79:
Approved, see attached Council request.
· Project #725, Resolution authorizin,q application for a livable communitie=
demonstration account (LCDA) opportunity .qrant to study the relocation of the district
281 administration buildin.q and bus .qara.cle: Approved, see attached Council request.
· PC04-04, Request for final plat approval for property to be known as AC Carlson
Addition, 8901 Bass Lake Road: Approved, see attached Council request.
· PC04-01, Request for final plat approval for property to be known as Winnetka East (city
of New Hope): Approved, see attached Council request.
· PC04-01, Request for final plat approval for property to be known as Winnetka Green
(Ryland Homes): Approved, see attached Council request.
· Discussion re,qardin,q possible acquisition of 9101 36th Avenue: Council directed staff to
negotiation with property owner.
· Project #763, Resolution approvin.q purchase a.qreement and relocation benefits for
5531 Sumter Avenue: Approved, see attached Council request.
Codes and Standards Committee - The Codes and Standards Committee met on May 19 to
discuss the transit shelter ordinance and several minor code amendments. The Committee will
meet again on June 23 to consider an application for a text amendment for all night computer
game events and continue discussion on the transit shelter ordinance. Minor code amendments
will be considered at the July 13 Planning Commission meeting.
Desi.qn and Review Committee - The Design and Review Committee met in May to review the
plans for the Hillside Terrace plat and the 54th Avenue plat and plans. The deadline for the July
Planning Commission meeting is June 11. It is anticipated that several applications may be filed,
including:
· 8501 54th Avenue plat
· PPL project at 5501 Boone Avenue
· Potential garage variance
· Text amendment for all night computer game events.
5. Future Applications - Future applications or businesses that staff is currently working with
include:
10.
1. Collisys- amend CUP
2. Paddock Laboratories expansion
3. Waymouth Farms expansion
4. Restaurant and office condo project, 42na and Quebec - on hold
5. 4301/4317 Nevada - six housing units
6. Dakota Growers (Creamettes) expansion
7. YMCA addition
City Center Task Force Update - In April, the Council directed staff to focus on the potential
relocation/redevelopment of the School District site, per the recommendation of the task force, for
the remainder of 2004.
Real Estate Siqns - In April, the Council also directed staff to prepare an ordinance amendment
to make the setback for real estate signs similar to the setback for other temporary signs.
PlanninqlCouncil/EDA Minutes - Enclosed are Planning/Council/EDA meeting minutes for your
review.
Project Bulletins - Enclosed are project bulletins on Winnetka Green, 5538 Sumter, 7608 & 7643
Bass Lake Road, 5540 & 5446 Winnetka Avenue.
If you have any questions on any of these items, please feel free to contact city staff.
Attachments:
Cindy Bardck resignation
Evangelical Lutheran Good Samaritan Society
2004 Crack repair and seal coat project
TIF plan/district public hearing
Sign code ordinance
7615 Bass Lake Road
5501 Boone Avenue
Retail Site Development Services
5434 Winnetka Avenue
Science Industry Center 4th Addition
Set date for public hearing on vacation of easements for Ryland Homes project
Demo contract for remaining properties in East Winnetka area
AC Carlson final plat
Winnetka East final plat
Winnetka Green final plat
9101 36th Avenue
5531 Sumter Avenue
Project Bulletins
Planning/Council/EDA Minutes
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES
April 20, 2004
City Hall, 7:00 p.m.
CALL TO ORDER
The New Hope Planning Commission met in special session pursuant to due
call and notice thereof; Chairman Svendsen called the meeting to order at 7
p.m.
ROLL CALL
Present: Anderson, Barrick, Brauch, Buggy, Hemken, Landy, O'Brien,
Oelkers (left at 8 p.m.), Svendsen
Absent: None
Also Present: Kirk McDonald, Director of Community Development, Doug
Debner, Assistant City Attorney, Mark Hanson, City Engineer,
Amy Baldwin, Community Development Assistant, Pamela
Sylvester, Recording Secretary
CONSENT BUSINESS
There was no Consent Business on the agenda.
PUBLIC HEARING
PC04-06
Item 4.1
Chairman Svendsen introduced for discussion Item 4.1, Request for platting
of property, rezoning, Comprehensive Plan amendment, and concept/
development stage planned unit development approval, 5620 Winnetka
Avenue North, Armory Development/Master Development Group, Petitioners.
Mr. Kirk McDonald, community development specialist, thanked the
commission for calling a special meeting to review this application.
Mr. McDonald stated the petitioner was requesting rezoning of property from
CB, community business, to PUD, planned unit development, Comprehensive
Plan amendment, and concept/development stage planned unit development
approval to allow construction of 44 rowhouses, two-story rowhouses, and
two-story townhome units in six separate buildings. A condominium plat plat
would be required as a condition of approval. Condominium plats are
generally completed after the project is done and the plat would be submitted
at a later date for Planning Commission and City Council approval.
The property is located on the east side of Winnetka Avenue approximately
400 feet north of Bass' Lake Road. Adjacent land uses include community
business to the south, high density residential to the north, community
business and senior/disabled residential across Winnetka Avenue to the west,
and city of Crystal single-family homes to the east. The site contains 137,976
square feet or 3.17 acres. The proposed building area would cover 35 percent
of the parcel and the green area would be 24 percent, and the impervious
surface including the parking lot would cover 41 percent of the site. This site
was included in the Livable Communities Task Force study area and Armory
Development was selected as the preferred developer for this site by the City
Council. This was one of the concepts that was preferred and recommended
by the task force. McDonald explained that the city had been working with the
developer for over a year on this site. The developer has a purchase
agreement on the property. The City Council had reviewed preliminary
concept plans and approved a preliminary financial agreement with the
developer with the creation of a new tax increment financing district. The
agreement was based on 44 units with no storm water pond on the site and
the developer would make a cash contribution for ponding. McDonald
explained that the city would utilize the developer's pond contribution along
with other resources from the TIF District to make improvements to the
Wincrest Apartments pond. McDonald gave a brief explanation of the existing
pond and the flow of runoff from the site. The city's plan would be to make a
long-term infrastructure improvement along with this project whereby a new
storm sewer would be routed north on Winnetka Avenue and empty into the
Wincrest pond. City staff met with the owner of Wincrest Apartments and he
was agreeable with the city making improvements to the pond and providing
the city with an easement over the property at no cost to the owner of the
apartments. All of those improvements would need to be worked out. The
survey work on the pond would need to be completed and it is anticipated that
the area of the pond would be increased to have a greater holding capacity,
which should be a benefit to New Hope and Crystal residents. McDonald
added that the city's storm water ordinance allows for ponding to be provided
on the site or a payment be made in lieu of ponding.
The property is currently occupied by a stand-alone commercial building. The
applicant proposed to remove all existing buildings and parking areas to
accommodate the redevelopment of the site with urban-style townhomes. The
applicant revised the plans several times to address issues identified during
the review process.
Mr. McDonald stated that housing units would be divided into six buildings with
a design that allows for flexibility in the construction process and creates
green space around each unit. The plan creates higher density housing in a
layout that would maintain a sense of spaciousness and openness. Two of the
buildings would front Winnetka Avenue and consist of 12 rowhomes
approximately 1,500 to 1,800 square feet each, with main entries on Winnetka
and parking at the rear of each unit. The units would be priced between
$180,000 and $220,000. Four of the buildings would be set in the center of the
site and would be phased in during the sales cycle. These homes would
consist of two-story units approximately 1,700 to 1,900 square feet and would
be priced from $190,000 to $230,000. The exterior of the units would be a
mixture of brick and stone material, cedar trim, clad windows, hardi-plank, and
vinyl or comparable material siding. There would be professionally designed
and installed landscaping throughout the site. The interior of the units would
have upgraded standard finishes, including hardwood flooring, custom
designed cabinets, and energy efficient stainless steel appliances. The
developer hoped to break ground in the summer of 2004 with the first units
ready for occupancy in the spring of 2005.
The development would be maintained over the long-term by a condominium
association that would govern the entire parcel and the 44 townhomes. The
developer felt one condominium association would best govem the project.
Each townhome unit would be individually owned and maintained, but
condominium association rules and regulations would establish guidelines for
maintenance and upkeep of the building's exterior, landscaping, parking stalls,
and private streets. The association would charge monthly dues to each
homeowner to cover the costs of the shared maintenance and improvement
expenses. If snow loading on the site exceeded the snow storage areas, the
snow would be hauled off the site.
Property owners within 350 feet of the site, including the city of Crystal, were
notified of the original public hearing and city staff also sent a notice of the
continuation. The city received some calls from Crystal residents and Crystal
city staff who identified concerns with headlights coming out of the three curb
cuts on Sumter Avenue and drainage concerns. Crystal staff asked to be
included in the ponding improvement project.
Mr. McDonald explained that the development proposal would require a
change of the city's land use plan. The Comprehensive Plan land use plan
suggests commercial land uses at the corner of Bass Lake Road and
Winnetka Avenue. The Livable Communities Task Force identified the Franks
Planning Commission Meeting 2 April 20, 2004
Nursery site as a redevelopment target site. After task force review, it was
suggested that a redevelopment with medium to high-density residential land
use was appropriate for this site. The planner indicated that the past review of
the potential land uses for this site would suggest that the proposed land use
was appropriate and the land use change should be pursued. In the
evaluation of a PUD, comparisons were made to the city's R-.4, high-density
residential zoning district. The three criteria for a residential zoning change
include: is it necessary to correct a past zoning mistake, has the character of
the area changed, and is the change consistent with the Comprehensive Plan.
The planner indicated the character of the area had changed to warrant
consideration of a Comprehensive Plan amendment and the change in zoning
and proposed redevelopment was consistent with the land use objectives of
the Comprehensive Plan. McDonald stated that the planner compared this
project to recommendations in the 1997 Life Cycle Housing Study, which
recommended higher value, move up housing and owner-occupied, attached
housing. New Hope contains approximately 50 percent single-family homes
and 50 percent apartments. There are relatively few townhomes or
condominiums. This project would provide upscale urban-style townhomes,
which had been a recommended housing type for empty nesters looking for a
maintenance free life style.
McDonald explained that staff and consultants had met previously with the
applicant and discussed the plans in detail and most of those
recommendations had been incorporated into the plans. The Design and
Review Committee generally reviewed the plans prior to the Planning
Commission meeting and revised plans were submitted incorporating the
Committee's recommendations. Due to the tight timeline of this application,
revised plans were not submitted. The Design and Review Committee should
give feedback to the applicant and voice any concerns it has with the plans.
Access to the proposed development would be from both Winnetka and
Sumter avenues. The development would be served internally with private
streets. The total site area is approximately 138,000 square feet and locating
44 townhomes on the site would result in a gross density of one unit per 3,167
square feet or 13.9 units per acre. The applicant was requesting density
flexibility through the PUD for this type of density. The zoning ordinance
provides that within residential districts, buildings and structures of any type
and the parking area shall not occupy more than 65 percent of the lot area or
have less than 35 percent open space. The proposed development would
allow for 24 percent open space and the developer is requesting flexibility on
this requirement. The front yard setback requirement is 25 feet from the
property line and the proposed setback on Sumter Avenue is 16 feet. The
front yard setback on Winnetka Avenue is 30 feet and the proposed setback is
15 feet from the property line. The urban style planning pushes structures
closer to the street for an urban type feel. The planner felt the proposed
setback on Sumter Avenue was appropriate due to the fact that only four units
would be abutting Sumter Avenue. The planner indicated that a reduced
setback was acceptable if it provided an attractive urban streetscape appeal.
The architecture and appearance of the proposed townhome units abutting
Winnetka Avenue should complement the sidewalk areas and landscaping
and provide an attractive urban feeling along the street. The reduced setback
along Sumter Avenue was appropriate as a means of conserving space within
the overall development. In this area, only side elevations of two buildings are
exposed, limiting the number of units directly fronting along Sumter Avenue to
four units. The side yard setbacks from the adjoining properties are greater
than 10 feet with the exception of the northwest property line near Wincrest
Apartments. There would be a 10-foot separation between the two townhome
buildings located along Winnetka Avenue. McDonald stated that after much
discussion at a staff level and the Design and Review Committee, the feeling
was that this separation was adequate. The building official also felt the
Planning Commission Meeting 3 April 20, 2004
separation was adequate.
The site would be served by a single access from Winnetka Avenue and three
access drives from Sumter Avenue. The Winnetka Avenue access would be
shared with the funeral home. Staff encouraged the developer to pursue joint
access with the funeral home, which has been accomplished. To address
concerns regarding the use of the funeral home parking lot by through traffic,
the applicant was proposing to install "No Thru Traffic" signs so anyone
coming into the development knows to turn north into the development. The
applicant enlarged the turning radius from Winnetka Avenue to 20 feet to
address concerns regarding vehicular maneuverability. Traffic would be able
to circulate through the site by utilizing one of the three accesses on Sumter
Avenue. The radius on all the curves was increased to 20 feet. The city
realized that the accesses along Sumter need to be approached with
sensitivity to the existing single family homes on the east side of the street in
Crystal. McDonald showed a site section map to demonstrate vehicle
headlights toward the adjacent property at each access. McDonald stated that
staff had hoped to provide one access on Sumter, however, the fire
department and police department did not feel that was acceptable. The
internal private streets are 22 feet wide.
McDonald stated that the plans indicated approximately 8,700 square feet of
snow storage scattered throughout the site. The condominium association
rules would dictate that snow be hauled off the site if the snow could not be
contained in the specified areas. The zoning ordinance requires one enclosed
parking space and one and one-quarter surface parking spaces for each unit,
for a total of 99 spaces. Parking on the site would include 88 enclosed parking
stalls, 80 tandem parking, and 15 guest parking stalls. McDonald indicated
that when the City Council saw the preliminary plans where some of the units
had a one-car garage, the Council requested that each unit have a two-car
garage and the plans were revised to address this concern. Some of the units
have side-by-side garages, and some of the units have tandem garages
where one car is parked in front of another. The Design and Review
Committee and staff are satisfied with the sizes of the garages.
Sidewalks were provided from the entrance of the individual townhome units
to the driveway areas. Each townhome unit along Winnetka Avenue has a
sidewalk that extends and connects to the existing sidewalk on Winnetka
Avenue. The plans also illustrate a sidewalk extending from Winnetka Avenue
to the internal private drive at the northwest side of the site and a sidewalk
from Winnetka Avenue along the northern side of the Winnetka Avenue
access drive. Staff and Design and Review felt it was better to have more
green space throughout the site rather than additional sidewalks.
The applicant identified approximately 800 trees, shrubs and perennials to be
planted on the site. All landscaping would be irrigated. An enlarged entry plan
was submitted indicating the placement of gas meters and air conditioning
units in relation to the proposed landscaping. Ten trees along the north
property line would be retained. The caliper of the shade trees was increased
per the recommendation of the Design and Review Committee. A number of
over story trees along the north property line would be retained. Infill
landscaping would provide a visual screening of the Wincrest Apartments. A
streetscape plan along Winnetka Avenue would incorporate swamp white oak
trees along the front of the 12 townhome units. A similar streetscape was
proposed along Sumter Avenue. Plant materials for shade trees meet city
requirements. The applicant would utilize a series of shrubs along the
foundations of the buildings. The plans indicate that a retaining wall and fence
along the north property line would be removed.
The applicant was proposing monument signage for the development on the
Planning Commission Meeting 4 April 20, 2004
north side of the entrance on Winnetka Avenue and at the middle entrance
along Sumter Avenue. The signs would be six feet in height and eight feet in
length, and constructed of durable materials and supported by stone columns.
The sign face would consist of vertical siding to match the building exteriors,
painted wood trim, aluminum flashing and die cut aluminum letters. The signs
would be placed outside the visibility triangles. Other signage throughout the
development would include "no thru traffic" and "no parking fire lane" signs.
The applicant proposed two architectural styles within the subdivision. One
would be a back-to-back type structure and the other would be a mw style
townhome structure incorporating a combination of two story end units and
three story interior units. The Design and Review Committee discussed the
exterior treatment with the applicant, who had incorporated some of the
recommendations in the plans. The lighting plan indicated two different light
fixtures at 10 locations. The photometric plans indicated lighting of varying
intensity measuring a maximum of 0.8 foot candles on the northem property
line, 0.3 foot candles on the east, 0.5 on the south and 0.0 on the west
property line. The New Hope code states that lighting in a residential district
can be no greater than one foot candle at the property line. Three of the light
fixtures have one lamp and seven fixtures are a two-lamp type. The applicant
indicated on the site plan the location of mailboxes and building address
signage.
McDonald added that staff felt this proposal was an excellent developmen!
and the applicant had done a good job with the plans. Staff was
recommending approval subject to the conditions in the planning report.
Mr. Mark Hanson, city engineer, explained that there would be a sanitary
sewer connection in Winnetka Avenue and that would extend into the
property. Each of the buildings would be served by one sewer service. The
water main would connect to the existing water main in Winnetka Avenue and
loop through the site to Sumter Avenue. Each building would be served by one
water service. Storm water from the existing Frank's site currently drains
overland to the northwest corner where a storm sewer takes the runoff
through a storm sewer in Winnetka Avenue and through the Wincrest
Apartments site to the pond north of the apartments. The proposed storm
sewer would be similar, however, there would be storm sewer constructed in
the Iow pointes in each of the three east/west streets through the site to take
the runoff through the storm sewer to the northwest corner and connect to the
storm sewer in Winnetka and then to the Wincrest pond. Hanson stated that
the city would construct additional storm sewer to capture water from
surrounding properties along Bass Lake Road where there has been flooding
problems in the past, and take all that water through the Wincrest Apartments
site and discharge the water into the pond north of the apartments. The pond
would also be enlarged to increase the storm water capacity from a 10-year
event to a 25-year event. The city is currently developing plans for those
infrastructure improvements, and once the plans are done, bids would be
sought. A question was raised as to where the water flowed after leaving the
Wincrest pond. Hanson responded that there was a pipe in 58th Avenue that
went into the city of Crystal. The storm water was directed to a pipe in Bass
Lake Road to Middle Twin Lake. He added that the size of the pond would be
increased by 25 percent. Hanson stated that Shingle Creek Watershed did not
need to review this plan due to the fact that the project was under five acres.
However, a report for the Livable Communities redevelopment area was
developed for the watershed showing ponding proposed for the entire area.
Mr. Charlie Nester, one of the partners at Master Development Group,
approached the podium. He introduced Doug Hoskin with Armory
Development, Patricia Fitzgerald with Master Development Group, and Jeff
Wrede with Toushie Montgomery Architects. He indicated they had been
Planning Commission Meeting
5
April 20, 2004
working with city staff since January 2001 and the project had gone through
many variations of the plans since that time. He stated that original plans had
65 units which had now been reduced to 44 units and garage space
increased. The development group felt that the product offered met a need in
the city and was a competitive product and different from the Ryland
development.
Mr. Jeff Wrede of Toushie Montgomery Architects, stated that there were two
styles of buildings: back-to-back townhomes and see-through townhomes.
There would be four back-to-back townhome buildings, which have octagonal
spaces on the end units. Vertical vinyl siding elements were incorporated in
elevations. There would be small patios off the dining rooms of the units. The
end units were a little larger, more luxurious, and sell for a higher price. The
center units would be smaller. The back-to-back buildings would be located in
the interior of the site. The two buildings facing Winnetka Avenue contain six
units in each building. A brown and rust color palette would be utilized on
those buildings. On the internal elevation, there would be decks off the living
rooms, which are located over the garages. The elevation facing Winnetka
incorporated stone at the corners, as well as unique octagon spaces on the
corners. A number of different window styles would be used. Vertical siding
would be used as accents. Vegetation had been added along Winnetka. Wide
trim has been added to the windows and doors for a different effect. Decks
and outdoor porches have been added to the Winnetka elevation. Many of
these items add cost to the buildings. They were trying to keep the price
competitive with the Ryland development, however, these units would be
more expensive.
Discussion ensued on the design of the units and whether guests would use
the Winnetka entry door or enter from the garage side of the building. A
question was raised whether a fence would be installed along the Winnetka
side of the site and the response was negative. Mr. Nester interjected that the
design of the townhomes was urban in character where the buildings were
pushed near the street with a front entrance for visitors and street traffic and
the garage side would be used if visitors parked in the driveway.
Commissioner Hemken was concerned that residents would store items by
the back door in view of traffic along Winnetka Avenue. Nester stated that
outside storage concerns could be addressed in the condominium documents
and bylaws. Mr. Wrede added that he imagined occupants would keep
outdoor patio furniture in that area.
Commissioner Barrick initiated discussion on the common utility rooms. Mr.
Wrede stated that each building needed a water room and an electric room
and he indicated on the site plan where those rooms were located in each of
the building types. He stated that the water service enters the building, the
water meter and sprinkler riser would be located in the water room. The room
would be heated so pipes do not freeze. The electric room contains all of the
electric panels and the main distribution panel for the building.
Commissioner Oelkers commended the developers on the plans and he
stated he felt the architecture and development was great. (Oelkers left at this
time).
Discussion ensued on the headlight issue for cars exiting on Sumter Avenue.
Mr. Wrede replied that the north drive would have a six percent grade
downward so headlights would be driven down toward the street. The center
drive would be a two or three percent grade down. The south drive would have
a grade sloping up and would be a concern. The developer suggested adding
landscaping across the street to alleviate the headlight problem. He stated
that other plans showed a dead end at that location with knockdown bollards
for emergency access only, however, police and fire requested three access
Planning Commission Meeting 6 April 20, 2004
points along Sumter, He felt that the south access could possibly have less
traffic due to the fact that the center drive had more garages located along it.
He stated he felt the Winnetka access would be the busiest. A question was
raised whether those streets could be one-way. Mr. Wrede didn't know how
that could be enforced and there may be a lot of violating of the one-way
signs. Mr. Nester added that issue would be driven by public safety officials
rather than the developer. They would address the slope at that access
through additional grading or landscaping. Traffic studies would be completed
for that area as well to determine where the majority of the traffic would
enter/exit. The city engineer added that residents would probably be more
inclined to enter the site from Sumter and exit onto Winnetka Avenue.
Commissioner O'Brien asked for clarification on the see-through building
elevation along Winnetka Avenue and whether there were balconies above
the doors. He questioned the patio areas on the end units adjacent to Sumter
and whether any type of divider between the units would be installed for
privacy. Mr. Wrede explained that a portion of the building juts out
approximately five feet to divide the two patios. A suggestion was made to add
a lattice or screening to add a better sense of privacy between the two units.
O'Brien questioned how the shared driveway would be maintained and
whether there was an easement in place. Mr. Nester indicated there was an
existing easement for the driveway that had been in place for the last 35
years. That driveway is currently shared with the Frank's site.
Chairman Svendsen asked that the front elevation on the architectural plans
where it states vinyl siding be corrected to say stone.
Barrick initiated discussion on the type of family that would be attracted to
these units. Mr. Nester stated that generally a diverse population purchases
the units. There may be first time homeowners or transitioning empty nester
residents; single working women are attracted to this type of maintenance free
housing. He stated that there may be families with young children or a single
adult with teenage children. Barrick did not see seniors purchasing these units
with stairs. Nester stated that older seniors are not attracted to this housing
type, however, early retirees may be. One-level homes require a lot of land.
Barrick wondered where children would play and why there were so many
parking stalls and so little green space. Nester responded that eadier plans
had fewer guest parking stalls with more green space. Commissioner
Anderson pointed out that in urban developments such as this in other areas
of the country parents took their children to a neighborhood park. It was
mentioned that Elm Grove Park would be the closest park and would be
upgraded with the Ryland development. Commission members stressed that
children would need to cross Bass Lake Road to utilize that park. The
developer mentioned that they would be paying a park dedication fee. Mr.
Nester added that offering a play area within a condominium development
was a large insurance liability, not so much for the association families, .but
with neighborhood children utilizing the equipment.
Barrick asked for clarification on the private drive verbiage and was told that
term referred to the internal street system.
O'Brien questioned who determined when it was time to haul snow away. Mr.
Nester stated that would need to be worked out with city staff and could be
written into the condominium association rules.
Commissioner Anderson initiated discussion on why the police and fire
departments were requesting three accesses on Sumter rather than utilizing
the knockdown bollards as featured on an earlier plan. Svendsen answered
that it was an accessibility issue, as well as providing reom for garbage trucks,
delivery trucks, etc.
Planning Commission Meeting 7 April 20, 2004
Chairman Svendsen asked if anyone in the audience would like to address
the Commission.
Ms. Julie Siekkinen, 5660 Sumter Avenue in Crystal, came forward. She
stated that the project looked good. Her main concern was the curb cuts on
Sumter and headlights shining in the windows of the homes on the east side
of the street. She stated her home was located just north of the north access
and headlights may not affect her as much as her neighbors, especially the
home across from the south access point. She questioned whether the street
lights would be as bright as the lights that Frank's Nursery had and the
response was the light would be less. Ms. Siekkinen inquired as to the
construction process and where trucks would enter the project site. Mr. Nester
stated that the curb cuts on Sumter would be constructed at the same time
and they would instruct construction crews and trucks to utilize Winnetka
Avenue. He added that periodically there may be some traffic on Sumter. Ms.
Siekkinen was concerned that the 15 guest parking spaces may not be
enough and whether the developer envisioned overflow parking on Sumter
Avenue. At this time, overflow parking from the funeral home and sometimes
from the apartments takes place on Sumter Avenue. Mr. Nester responded
that each unit would have four parking stalls and could utilize the guest stalls
as well. New Hope and Crystal both have parking restrictions on residential
streets between 2 and 6 a.m. With the additional curb cuts, it may push the
overflow parking further north on Sumter. Ms. Siekkinen wondered if there
was an area for walking dogs and was informed that the condominium
documents would address this issue, as well as the number and size of
animals. Ms. Patricia Fitzgerald of Master Development stated in their other
condominium projects, they were restrictive with pets, but felt it was important
for owners to keep their pets. The number of animals was restricted to two,
such as two small dogs under 25 pounds, or one dog and one cat. There
would be restrictions on picking up after the animals and excessive noise was
cause for fines, and the pet could be removed by the association board if it
was troublesome. A neighboring resident could call the association if there
was a problem. Svendsen interjected that the city does have an ordinance for
picking up after the animal and keeping the pet on a leash.
Svendsen questioned Ms. Siekkinen if she had received adequate notification
for the date change for the meeting. She responded that she had talked with
city staff and did remember getting the notice in the mail.
There being no one else in the audience to address the Commission, the
public hearing was closed.
Motion :)y Commissioner Landy, seconded by Commissioner Anderson to
close the Public Hearing on Planning Case 04-06. All voted in favor. Motion
carried.
Commissioner O'Brien questioned the developer if they would be willing to
work with the neighbors across Sumter if a problem arose with regard to
headlights by installing additional screening or shrubbery and Mr. Nester
responded that they would work in good faith to resolve any issues.
Svendsen reiterated that the verbiage for private drives be labeled as private
streets in the conditions for approval, limit construction traffic to Winnetka
Avenue, and to provide a divider for the patios on the end units of the back-to-
back buildings. He initiated discussion on parking restrictions on the private
roads after 2 a.m. Mr. Doug Debrief, the assistant city attorney, responded
that the guest parking stalls would be considered off-street parking and would
not be subject to the 2 a.m. parking restriction.
Planning Commission Meeting 8 April 20, 2004
MOTION
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Buggy, to
approve Planning Case 04-06, Request for rezoning, Comprehensive
Plan amendment, and concept/development stage planned unit
development approval, 5620 Winnetka Avenue North, Armory
Development/Master Development Group, Petitioners, subject to the
following conditions:
3.
4.
5.
Execute PUD development agreement and provide the appropriate
financial security for site work (amount to be determined by
building official and city engineer).
Comply with city engineer recommendations, per April 15, 2004,
attached correspondence.
Approval of plans by building official.
Comply with West Metro Fire recommendations, as stated in
report.
Comply with planner recommendations/conditions:
(1) Site Plan
a. Site density shall be 13.9 units per acre.
b. The site shall include a minimum of 24 percent open
space.
c. Setbacks shall not vary from the setbacks illustrated on
Sheet LI.0 as revised 3/26/04.
d. All proposed townhome units shall have a minimum
width of 21 feet.
(2) Access and Circulation
a. The site will be served by a single access street to
Winnetka Avenue and three access streets to Sumter
Avenue. The site will be served internally by private
streets. Private streets shall be a minimum of 22 feet in
width.
b. The applicant will install "No Thru Traffic" signs to
address concerns regarding use of the funeral home
parking lot by through traffic.
c. The applicant will install "No Parking Fire Lane" signs
along the internal private streets at locations approved by
the city engineer. The applicant will incorporate
additional "no parking fire lane" signs along the center
internal street and midway along the side of each internal
perimeter street.
d. All snow storage for the site shall be accommodated on
site. The homeowners association shall keep the internal
streets free of snow.
e. The applicant shall provide additional screening or take
such other measures as may be required to mitigate the
impact of vehicle headlights on adjacent property
fronting Sumter Avenue to the east on the site.
(3) Parking
a. No parking will be allowed on private streets.
(4) Landscaping
a. Retaining walls are subject to review and comment of the
city engineer and Public Works.
b. Fencing must meet the requirements of the New Hope
Zoning Ordinance.
c. The applicant shall correct discrepancies between plan and
schedule.
d. All green spaces shall be irrigated.
(5) Signage
Planning Commission Meeting 9 April 20, 2004
a. Monument signage must meet required setback and
avoid traffic visibility triangles.
b. The applicant shall provide details for all address signs.
Unit addresses must be clearly visible from main drive
aisles.
c. The applicant shall submit revised plans illustrating a
signage plan indicating the location of all "no parking fire
lane" signs to be posted.
(6) Lighting
a. The applicant shall submit revised plans illustrating details
for all proposed light fixtures.
b. All light fixtures shall be hooded and direct light
downward.
c. The applicant shall provide lighting for all guest parking
areas and directory signage.
(7) Buildings
a. The applicant shall submit revised plans clearly
illustrating a stoop, landing or patio in conjunction with
the side doors for the end units.
(8) Grading, Drainage and Erosion Control.
a. The adequacy of all proposed grading, drainage and
erosion control is subject to the review and approval of the
city engineer.
b. The applicant shall provide storm water calculations.
(9) Utilities.
a. The applicant shall provide separate utility connections for
each townhome unit. Alternatively, the applicant shall
adequately address condominium ownership of the
townhome units.
b. Overhead utilities on the site shall be buried.
(10) Homeowners Association
a. The homeowners association documents are subject to
approval by the city attorney.
b. The homeowners association documents shall be filed with
the final plat.
(11) Subdivision
a. The applicant shall submit a preliminary or condominium
plat in accordance with the requirements of the New Hope
Subdivision Ordinance.
(12) All construction traffic to be routed along Winnetka
Avenue.
(13) Patio divider to be added on end units of back-to-back
buildings.
Voting in favor: Anderson, Barrick,
O'Brien, Svendsen
Voting against: None
Absent: Oelkers
Motion carried.
Brauch, Buggy, Hemken, Landy,
Chairman Svendsen stated that the City Council would consider this
application on April 26 and requested that the petitioner be in attendance.
ANNOUNCEMENTS
The next Planning Commission meeting would be held on May 4.
McDonald added that he may request the Design and Review Committee
meet regarding the issues at the Mid America Financial Plaza building. Staff
was trying to coordinate on a Codes and Standards Committee meeting.
Planning Commission Meeting 10 April 20, 2004
ADJOURNMENT
The Planning commisSion meeting was unanimously adjourned at 8:35 p.m.
./~ecffully sub_.._mitte~, .
Recording Secretary
Planning Commission Meeting
11
April 20, 2004
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES
May 4, 2004
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; Chairman Svendsen called the meeting to order at 7
p.m.
ROLL CALL
Present:
Absent:
Also Present:
Anderson, Brauch, Buggy (arrived at 7:05 p.m.), O'Brien,
Oelkers, Svendsen
Hemken, Landy
Kirk McDonald, Director of Community Development, Steve
Sondrall, City Attorney, Alan Brixius, Planning Consultant, Vince
Vander Top, City Engineer, Ken Doresky, Community
Development Specialist, Amy Baldwin, Community Department
Assistant, Pamela Sylvester, Recording Secretary
CONSENT BUSINESS
There was no Consent Business on the agenda.
PUBLIC HEARING
PC04-12
Item 4.1
Chairman Svendsen introduced for discussion Item 4.1, Request for front yard
setback variance, 8233 39th Avenue North, Loren Stegman, Petitioner.
Mr. Ken Doresky, community development specialist, stated that the petitioner
was requesting a 13-foot variance to the 25-foot front yard setback
requirement to allow construction of a third attached garage addition. The
property is zoned R-l, single family residential, and is surrounded by single
family homes. The lot is irregular in shape and contains 11,066 square feet.
Mr. Doresky explained that the Zoning Code defines the narrowest street
frontage as the front yard even though the actual front of the house faces
another street. This property faces 39th Avenue but the actual front yard fronts
Xylon Avenue. Therefore, the front yard setback requirements apply. The
existing garage is 440 square feet and the proposed addition would create an
additional 264 square foot garage stall for a total of 704 square feet.
The petitioner addressed items from the Design and Review meeting
including: verifying the location of the existing structure, indicating on the plans
that the addition would not encroach on the site triangle area, illustrating the
25-foot setback line on the site plan, and confirming that building materials
would match the existing structure. The entire house had been re-shingled
and the entire house would have new vinyl siding except for the front lower
portion which has vertical wood siding. The addition would match roofline of
the existing home.
Properties within 350 feet of the site were notified and staff received no
comments. Surrounding property owners submitted a petition in support of the
variance.
The planner's report outlined the criteria for approval of a variance and
indicated that due to the existing location of the home and garage, expansion
of the garage must occur to the west. While it may be possible to shift the third
garage stall to the north to lessen the setback encroachment, such a
modification would result in a staggered north building line and would not be
the most desirable from either an aesthetic or functional standpoint. The
subject property does not have a unique physical hardship that would justify
approval of the variance. However, the original placement of the house on the
lot facing the side yard could be considered a hardship. The home would lie
13 feet closer to Xylon Avenue than the neighboring properties to the north
and south. The Planning Commission should determine if the setback would
be in character with other neighboring residences. The goals of the city's
Comprehensive Plan, however, do promote reinvestment in the city's housing
stock. This type of reinvestment would add value to the neighborhood and
increase livability of the home. Based on that, the proposed third stall addition
would be considered positive. Some concern exists with establishing a
precedent with the approval of this variance request and allowing special
privileges to certain property owners. The planner indicated in his report that
the necessary width of a single car garage addition dictated the proposed front
yard setback along Xylon Avenue. While an opportunity to shift the third stall
to the north was possible, it would compromise the proposed building design.
Mr. Doresky explained that an overhead garage door would be installed in the
proposed 12 foot by 22 foot garage. No ingress or egress was proposed for
the new addition. One window would be installed on the west side of the
addition. Siding would be placed on all sides of the new addition. The
petitioner was also constructing a living space addition on the house that
complied with all setback requirements.
The Planning Commission and City Council have approved front yard
variances in the past on a case-by-case basis.
Staff is supportive of the petitioner's request. However, the planning report
offers options for approval or denial of the request, which should be
determined by the Planning Commission and City Council. Staff recommends
approval of the request subject to the conditions in the planning report.
Commissioner Brauch questioned whether the garage would meet the
setback requirements if the side yard would be on the Xylon Avenue side of
the property. The response was that the street side setback was 20 feet.
Mr. Loren Stegman, 8233 39th Avenue, stated that the original reason for the
variance request was for storage. He stated they have four small children and
they needed extra room to store wagons, bicycles, garbage cans, etc.
Currently, his car sits outside so everything else can go in the garage. He and
his wife discussed a storage shed, but decided on a garage addition to house
another vehicle in the future.
There was no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Brauch, seconded by Commissioner O'Brien to
close the Public Hearing on Planning Case 04-12. All voted in favor. Motion
carried.
Commissioner Oelkers pointed out a discussion at the Design and Review
Committee meeting regarding the location of property lines and the necessity
of submitting an as-built survey at the end of construction. Discussion ensued
on past requirements for residential properties to submit a certificate of survey
and the cost involved to the homeowner. Oelkers confirmed that the new
driveway would consist of asphalt.
Commissioner O'Brien reiterated that due to the house configuration on the lot
the garage was located in the front yard. Only an eight-foot variance would be
required if the west side of the property was considered the side yard. With a
20-foot setback, only a portion of the new addition would require the variance.
Commissioner Brauch stated that the feelings of the neighbors were important
in this type of situation and seven of the neighbors signed a petition in support
Planning Commission Meeting 2 May 4, 2004
MOTION
Item 4.1
with the project.
Motion by Commissioner Brauch, seconded by Commissioner Buggy, to
approve Planning Case 04-12, Request for front yard setback variance,
8233 39th Avenue North, Loren Stegman, Petitioner, subject to the
following conditions:
Approval of the request based on the following findings:
1. The New Hope Comprehensive Plan encourages reinvestment in
the city's residential housing stock.
2. The necessary garage width dictates the setback along Xylon
Avenue. In this regard, the variance is the minimum encroachment
required.
3. The proposed garage expansion will not negatively impact
adjoining uses in the area. Seven surrounding property owners
have indicated support for the project.
4. The proposed addition meets all other performance requirements
for the R-l, Single Family Residential zoning district.
Staff recommends approval of the variance subject to the following
conditions:
1. Exterior building materials to match.
2. Review and approval of plans by the building official.
3. No certificate of survey required.
Voting in favor: Anderson, Brauch,
Svendsen
Voting against: None
Absent: Hemken, Landy
Motion carried.
Buggy, Landy, O'Brien, Oelkers,
Svendsen stated that this planning case would be considered by the City
Council on May 10 and asked the petitioners to be in attendance.
PC04-13
Item 4.2
Chairman Svendsen introduced for discussion Item 4.2, Request for side yard
setback variance, 6024 Hillsboro Avenue North, Derrick Slagle, Petitioner.
Mr. Ken Doresky, community development specialist, stated that the petitioner
was requesting a five-foot variance to the 10-foot side yard setback
requirement to allow construction of a living space addition above an attached
garage addition. The property is zoned R-l, single family residential, and is
surrounded by single family residential homes. The lot consists of 11,852
square feet and is slightly irregular in shape. The zoning ordinance allows
garages within five feet of the interior side yard property line and living space
is required to be 10 feet from the property line.
The petitioner submitted additional comments following the Design and
Review Committee meeting. The petitioner originally requested a four-foot
variance to allow a 10-foot addition. The Design and Review Committee
suggested an l 1-foot addition with a five-foot variance request due to
construction feasibility. The length of the addition was changed from 26 feet to
28 feet to match up with the two-foot cantilever on the back of the house. The
petitioner submitted a revised plan showing the change in driveway, the
shingles would match existing, and the entire house and addition would be
resided with vinyl siding. A large maple tree would have to be removed if the
addition was placed on the back of the house.
Property owners within 350 feet of the site were notified and staff did not
receive any comments. The petitioner submitted two letters of support,
Planning Commission Meeting 3 May 4, 2004
including one from the neighbor directly impacted by the project to the east.
The planner's report addressed the variance criteria in the planning report.
Due to the existing location of the'home, a living area addition only six feet in
width could be constructed on either side of the home to meet the 10-foot side
yard setback. The ordinance allows attached garages to be constructed up to
five feet from the side yard lot line. The proposed second story living area
addition would basically result in a side building elevation of greater height.
This type of reinvestment should add value to the neighborhood and increase
the livability of the home. The addition would match the finish materials and
rooflines of the existing home. No windows were proposed on the east side of
the structure. The neighbor's home to the east has one window on the west
side. The requested side yard variance of five feet was the minimum
necessary to eliminate the hardship.
Mr. Doresky explained that the garage would be 11 feet by 28 feet and would
match up with the two-foot cantilever at the back, and an overhead garage
door would be installed. The first floor plan indicated that the entire lower
portion would be garage space and the second floor plan shows that the front
portion would be a bedroom and rear portion would be a walk-in closet. A
double window is proposed above the garage to match the existing windows
on the front elevation. A service door is proposed at the rear of the garage. A
single window would be installed in the closet. No window would be installed
on the east side of the addition.
The Planning Commission and City Council have approved side yard
variances in the past on a case-by-case basis.
This proposal has brought forward the issue of adding living space above
attached garages and its relationship to setbacks. If approved and so directed,
staff would bring this item to the Codes and Standards Committee in the near
future to determine if an amendment to the zoning code was needed.
Staff is supportive of the petitioner's request. However, the planning report
offers options for approval or denial of the request, which should be
determined by the Planning Commission and City Council. Staff recommends
approval of the request subject to the conditions in the planning report.
Commissioner Brauch inquired as to the distance between this property and
the home to the east. The response was at least 10 feet. He questioned the
distance in the event the neighbor to the east desired to expand which could
lead to a drainage problem. Doresky indicated that the building official and city
engineer would review any issues regarding drainage.
Mr. Derrick Slagle, 6024 Hillsboro, came to the podium.
Commissioner Oelkers asked that both the floor plan and elevation show the
window in the closet. Mr. Slagle added that the home to the east was
approximately 15 feet from the property line. That neighbor is supportive of the
addition.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner O'Brien, seconded by Commissioner Buggy to
close the Public Hearing on Planning Case 04-13. All voted in favor, Motion
carried.
Commissioner Oelkers recommended that staff review the zoning ordinance
with regard to living space above garages and Commissioner Buggy
Planning Commission Meeting 4 May 4, 2004
MOTION
Item 4.2
concurred. ~
Motion by Commissioner Oelkers, seconded by Commissioner O'Brien, to
approve Planning Case 04-13, Request for side yard setback variance,
6024 Hillsboro Avenue North, Derrick Slagle, Petitioner, subject to the
following conditions:
Approval of the request based on the following findings:
1. The New Hope Comprehensive Plan encourages reinvestment in
the city's residential housing stock.
2. The ground level garage width (which meets the applicable
setback requirements) dictated the width of the living area
addition. In this regard, the variance is the minimum
encroachment required.
3. Approval of the variance will not adversely affect the site or the
surrounding area.
4. A significant maple tree is located to the rear of the proposed
addition and the owner is not desirous of removing the tree to
facilitate an expansion into the rear yard.
5. The neighbor most impacted by the proposal submitted a letter
supporting the project.
6. The proposed addition meets all the other performance
requirements for the R-1 district.
Approval of the variance subject to the following conditions:
1. Exterior building materials to match.
2. Review and approval of plans by the building official.
3. No certificate of survey required.
Voting in favor: Anderson, Brauch,
Svendsen
Voting against: None
Absent: Hemken, Landy
Motion carried.
Buggy, Landy, O'Brien, Oelkers,
PC04-11
Item 4.3
Svendsen stated that this planning case would be considered by the City
Council on May 10 and asked the petitioners to be in attendance.
Chairman Svendsen introduced for discussion Item 4.3, Request for
conditional use permit for outdoor sales and services, 3566 Winnetka Avenue
North, Frattallone Ace Hardware, Petitioner.
Chairman Svendsen stated that he was employed by Frattallone Ace
Hardware and would abstain from a vote on this item.
Ms. Amy Baldwin, community development assistant, stated that the petitioner
was requesting a conditional use permit to allow accessory outdoor sales and
services limited to 30 percent of the gross floor area of the principal use and to
allow construction of a 4,264 square foot garden center adjacent to the new
store at Winnetka Commons Shopping Center. The site is zoned CB,
community business. Adjacent uses include R-4, high density residential to
the east, I, industrial to the south, R-4 and CB to the west, CB to the northwest
across the intersection of 36th and Winnetka avenues, and city of Crystal
across 36th Avenue to the north. The total site area contains 218,130 square
feet or approximately 5 acres. The store is proposed to contain 11,234 square
feet and the proposed outdoor sales area would be 4, 264 square feet. The
Comprehensive Plan provides specific commercial goals and policies
including maintaining and improving New Hope's commercial areas as vital
Planning Commission Meeting 5 May 4, 2004
retail and service locations.
Frattallonels Ace Hardware is a family owned business and operates 12
stores throughout the metro area. The New Hope store has been at the
Winnetka Center for the past 17 years. The business had decided to expand
the store and desired to remain in New Hope and is moving to the former
Walgreen's location in Winnetka Commons Shopping Center. The new
location would provide significantly more space than the current location and
the opportunity for a garden center. The store would be adding additional
employees to its staff.
The petitioner submitted correspondence which included a description of the
outdoor garden center. The center would be enclosed with rock face iron
fencing on the exterior. A public entrance would be located on the west side
and a service entrance gate on the east side. New landscaping would be
installed along the north and east sides of the garden center. The surface
would be asphalt with new lights installed on the north elevation. A service
door would be installed from the store into the garden center.
Property owners within 350 feet of the property, including the city of Crystal,
were notified and no comments were received.
Ms. Baldwin stated that the conditional use permit criteria was included in the
planning report. Specific criteria for the CB district include traffic, adjacent
residential property and existing businesses would not be adversely affected.
Specific criteria for outdoor sales and services includes: 1) area limited to 30
percent of the gross floor area of the principal use, 2) screened from view of
neighboring residential uses abutting a residential district, 3) lighting to be
hooded and directed so the light source is not visible from the public right-of-
way or neighboring residences, 4) sales area is grassed or surfaced to control
dust, and 5) use does not take up parking spaces.
The development review team and Design and Review Committee reviewed
the plans and was supportive of the request. Revised plans were submitted as
a result of these meetings.
Ms. Baldwin reported that in a CB district, a 20-foot setback was required from
a community collector street. The 20-foot setback was labeled on the site
plan, however, it scaled out to about 18 feet. Staff discussed this item with the
petitioner and was informed that it would be addressed at the time of
construction. Landscaping would be installed around the wrought iron fence.
The size and quantities of the landscaping was compliant with city landscaping
requirements. The existing four-inch ash tree on the northern property line
would be retained.
The planner's report indicated that the Frattallone tenant bay is 11,234 square
feet and would allow an outdoor sales area of 3,370 square feet. To address
this issue and allow the proposed 4,264 square foot area, the applicant
furnished a letter from the building owner that would allow them to use an
appropriate amount of the shopping center floor area (15,000 square feet) to
calculate their allocated outdoor sales area. The site abuts a high density
residential district and there is a row of coniferous trees that would provide a
strong screen along the east property line. The applicant provided details of
the exterior light fixtures which shows they are down lit, 90 degree cut off
lighting, and fiat lenses. A photometric plan was provided that revealed a .4
foot candle contour two feet from the light source. The sales area would be an
asphalt surface. The proposed sales area does not consume any of the
existing parking stalls. The proposed outdoor sales area does not interfere
with any of the vehicle maneuvering. Access to the sales area would be
through the gated area.
Planning Commission Meeting 6 May 4, 2004
Ms. Baldwin stated that city staff felt the overall site design was well conceived
for this location and was pleased that Frattallone's had decided to remain in
the community. The proposal provides an opportunity for infill at a currently
vacant commercial site. The development is consistent with the current zoning
and the Comprehensive Plan. Staff recommends approval of the application
subject to the conditions in the report.
Commissioner Buggy wondered whether the sales area had been calculated
using the 18 or 20-foot setback. Baldwin answered that there may be some
flexibility, in the calculation due to the fact that the area was based on 15,000
square feet for the shopping center rather than the actual store area. It was
noted that the gateway on the east side of the garden center would be used
for loading.
Mr. Jim Faulkner, architect and general contractor for the project and
representing Tom Frattallone, came forward to address the commission. He
stated they had completed the interior build out of the project and would open
at the end of the week. They were eager to obtain approval for the outdoor
sales area for the sale of flowers, trees, and other landscaping items for the
balance of the season. He stated the petitioner felt this use would be a nice
addition to the shopping center and to the hardware store. Garden centers are
an important function of the other Ace hardware stores. He stated the use
would be year round.
Commissioner Oelkers stated he remembered discussion at the Design and
Review Committee meeting that all foot traffic would come through the store.
Mr. Tom Frattallone, one of the owners of the store, responded that garden
center customers would enter through the store or directly from the parking lot
through the gated area. The eastern gate would be a service gate for the
store. All cash registers are inside the store. There would be very limited need
for any electrical outside other than possibly lights during the Christmas
holiday season.
Commissioner Oelkers initiated discussion on the 18 or 20-foot discrepancy
for the fence. Mr. Faulkner stated the setback was 20 feet and the piers and
fence would be inside that about one foot. The garden center would be
constructed from the setback toward the building. The surveyor would
complete an as-built survey after construction.
Chairman Svendsen asked if anyone in the audience wished to address the
Commission.
Mr. Bill Gabrys, 9209 59th Avenue, came forward and asked whether the
photos that were shown became part of the planning file and the answer was
in the affirmative.
There being no one else in the audience to address the Commission, the
public hearing was closed.
Motion by Commissioner Buggy, seconded by Commissioner Anderson to
close the Public Hearing on Planning Case 04-11. All voted in favor. Motion
carried.
Commissioner Oelkers initiated discussion regarding the on-site landscaping.
Mr. Alan Brixius, planning consultant, added that the large trees between the
apartments to the east and the shopping center were on the apartment's
property. Frattallone's would be planting several ornamental items along the
north fence that were not intended to screen the sales area from passing
traffic.
Planning Commission Meeting 7 May 4, 2004
MOTION
Item 4.3
Commissioner Buggy wondered why the square footage of the garden center
was based on the shopping center rather than just the hardware store. Mr.
Brixius stated that the conditional use permit would be attached to the
shopping center and the owner rather than the store. The owner would be
restricted on that basis. With every application, the shopping center owner and
the applicant needed to sign the application and agree to the terms. If another
tenant wanted a similar setup, the new area would need to be sized
accordingly.
Discussion ensued on whether or not the proposed landscaping and fence
was adequate for screening for the garden center. Commissioner Brauch
stated he felt it was a business decision. A question was raised as to whether
the area would be utilized for storage in the winter. Chairman Svendsen added
that there was a line of deciduous trees on the store's property all the way
back to the south property line.
Mr. Steve Sondrall, city attorney, stated that the Commission was to make a
factual determination whether the ordinance relative to screening had been
satisfied. One of the condition for the conditional use permit was that there be
adequate screening as required by the ordinance. If in the future and the
screening from the adjacent property was no longer there, then this
conditional use permit would be subject to review by the Planning Commission
and City Council as it related to the screening requirement. Mr. Brixius added
that the screening toward the street was adequate and needed some open
areas for traffic to see the sales area. The conifer trees to the east would
provide screening year round. The two and four-foot tall shrubs would be
spaced along the north fence line.
Mr. Sondrall clarified that the Commission would be approving a use by the
applicant and property owner for sales and service. The request was not for
outdoor storage unassociated with sales. A question was raised to the
petitioner where shelving, etc. would be stored in the off-season. Mr.
Frattallone responded that anything not in use would be stored in a
warehouse. The sales area would be used mainly for seasonal items.
Basically, the area would not be utilized from about the end of December until
mid-March. Mr. Sondrall stated his personal observation was that the shelves
were a fixture connected with the sales and service in the outdoor sales area.
If shelves were stored there that had nothing to do with the garden center that
would be different. Shelves used for the garden center would be an
appropriate thing to be allowed to stay there. Commissioner Brauch stated he
felt it was reasonable to assume that any business trying to attract customers
would not allow a condition to remain that would drive customers away from
the store. Mr. Frattallone added that they were hoping that the garden center
would add approximately 25 percent more sales to the business. Other
locations typically sell about 1,200 Christmas trees and wreaths during .the
holiday season. There may be water softener salt in the area year round. He
did not picture stacks of pallets or anything else placed in that area.
Commissioner Anderson concurred with Commissioner Brauch that the
Frattallone store had been good neighbors in the community for many years
and he was not too concerned with having to add specific language to the
conditions of approval stating no other outside storage in that area. The
request for the Commission was to approve outdoor sales not storage.
Motion by Commissioner Brauch. seconded by Commissioner O'Brien, to
approve Planning Case 04.11, Request for conditional use permit for
outdoor sales and services, 3566 Winnetka Avenue North, Frattallone
Ace Hardware, Petitioner, subject to the following conditions:
Planning Commission Meeting 8 May 4, 2004
1. Approval of plans by building official.
2. The applicant submit a revised survey that illustrates a scaled 20
foot setback between the fence and the 36th Avenue right-of-way.
Voting in favor:
Voting against:
Abstain:
Absent:
Motion carried.
Anderson, Brauch, Buggy, Landy, O'Brien, Oelkers
None
Svendsen
Hemken, Landy
Svendsen stated that this planning case would be considered by the City
Council on May 10 and asked the petitioners to be in attendance.
Mr. Faulkner commended Ms. Baldwin on her work on this project.
PC01-09
Item 4.4
Chairman Svendsen
neighborhood issues
Partnership, Petitioner.
introduced for discussion Item 4.4, Discussion of
regarding 9220 Bass Lake Road, Tharp Family
Chairman Svendsen stated that the Commission would hear only comments
that were new since the April 6 meeting.
Mr. Kirk McDonald, community development director, explained that this item
was tabled at the last Commission meeting and carried over until this meeting.
Detailed minutes had been prepared after the last meeting and staff and the
Tharps tried to address concerns that had been raised. The goal at this
meeting would be to reach a consensus as to how the concerns could be
addressed. Actions that were taken since the April meeting included: 1)
property owners at 9209 59th Avenue submitted additional photos showing
the view of the building from their property, 2) the building official prepared a
memorandum clarifying the type of windows that were installed, 3) the
planning consultant's office looked at the site to determine what landscaping
was in place compared to the original plan that was approved and photos
were taken of the site; they also prepared a list of additional plantings that
could be provided to supplement the existing landscaping; a memorandum
was prepared regarding the chronology of the fence, 4) the city attorney was in
the process of researching information regarding issues relating to the
conditions of the CUP, and 5) a copy of the April Planning Commission
minutes were sent to the owner of Mid Amedca Financial Plaza and city staff
met with Mr. Steve Tharp to review the concerns outlined in the minutes. Mr.
Tharp indicated at the meeting with city staff that he was willing to work with
the property owners to try and address their concerns, and he is present
tonight.
The planning consultant and city attomey spoke, Mr. Steve Tharp addressed
the commission and comments were taken from the audience.
Detailed minutes of the discussion will be inserted at a later date.
PC04-10
Item 4.5
Chairman Svendsen introduced for discussion Item 4.6, Request for
preliminary plat, rezoning, site/building plan review, sign variance/
comprehensive sign plan, and administrative permits for drive-through
facilities and outdoor dining, 7901 Bass Lake Road, Bear Creek Capital and
CVS Pharmacy, Petitioners.
Mr. Kirk McDonald, community development director, stated that this was one
of the four site the Livable Communities Task Force studied. The city had
been coordinating with Bear Creek Capital and CVS Pharmacy for over a year
on this project. The city's role had been to facilitate meetings and
Planning Commission Meeting 9 May 4, 2004
communications among all the property owners, including the Bauer property,
the Sinclair station; and School Distdct 281. He stated it was important to
remember that this was not like the Ryland project where the city owned the
property. This was a private development with no financial assistance from the
city. All of the goals of the Livable Communities Task Force may not be met,
but if the codes of the city are met, the project should be reviewed fairly.
Mr. Al Brixius, planning consultant, stated that several applications were being
requested including preliminary plat, rezoning, site/building plan review, sign
variance and comprehensive sign plan, and administrative permits for drive
through and outdoor dining facilities. Bear Creek Capital is proposing to
construct a 15,457 square foot retail facility at the corner of Bass Lake Road
and Winnetka Avenues. CVS Pharmacy would occupy approximately 13,013
square feet with another 2,430 square feet for an additional retail or restaurant
facility.
Several parcels would be combined to create one lot. The applicant would be
acquiring some property from the School District, the Bauer property, the
Sinclair site, and exchanging another portion of land with the School District to
make the project work. There are currently two zoning classifications for the
properties including CB, community business, and R-l, single family
residential. To facilitate the redevelopment, all of Lot 1, Block 1 and Outlot A of
CVS Winnetka Addition must be zoned CB. Lot 2, Block 1 is being conveyed
to the School District. The application for rezoning has three criteria, which
were explained by the planning consultant. The past zoning was appropriate
for past uses and property ownership configuration. The zoning amendment is
required to allow for a larger commercial site and to accommodate a
contemporary retail use. The character of the area has changed to warrant
consideration of an amendment. The Comprehensive Plan and Livable
Communities Task Force identified this site for redevelopment. The proposed
zoning change is consistent with the policies and recommendations of the
Comprehensive Plan. The plat shows Lot 1 and Lot 2 with an Outlot A. Outlot
A will contain a stormwater pond. Lot 1 and 2 are compliant with the CB
zoning classification and meets all width and area requirements, as well as
setback requirements. The plat illustrated utility easements around the
perimeter of the plat and in areas where the larger ponding area is proposed.
The preliminary plat is consistent with the policies and standards of the
subdivision ordinance, and staff recommends approval. The applicant has
requested a waiver of the final plat by the Planning Commission.
This area was a target site for Livable Communities Task Force, who
identified a need to retain some commercial development at this location.
Recommendations included: moving the building closer to the intersection,
promoting pedestrian access points, promoting a high quality development
with a masonry construction, and locating parking away from the intersection.
This is a private redevelopment, and when the Planning Commission
evaluates this request, it may be contrary to some of the task force objectives.
A pharmacy and restaurant/retail use are allowed in the community business
district. The lot area for Lot 1 is 2.35 acres and the lot width is 202 feet. All
setbacks are compliant with the city code and greatly exceed the setbacks of
the CB district. Brixius reported that Design and Review offered two
suggestions for parking. The ordinance requires 70 stalls for this type of retail
use and 75 stalls are shown on the revised site plan. The Design and Review
Committee suggested widening the stalls for easier maneuvering in and out of
the site. The Committee suggested reducing the number of stalls in the plaza
area which would increase the size of the plaza within the site. Traffic
circulation would enter the site from Bass Lake Road to the loading dock on
the west side of the building. There is a 70-foot by 10-foot loading area. The
trash compactor would .be accessed from the south. Staff raised a concern
with potential conflicts with drive through traffic. The applicant .suggested that
Planning Commission Meeting 10 May 4, 2004
to resolve those conflicts that they would schedule deliveries and trash pick
ups in the late evening or eady morning hours when the drive through traffic
was minimal.
Administrative permits could be issued for the outdoor dining and the drive
through lanes. The outdoor dining would be located on the southeast comer of
the restaurant facility. The applicant must indicate the locations of seating and
trash receptacles, and the area would be limited to 30 percent of the interior
dining area. The indoor dining area would be approximately 1,100 square feet
which equates to 330 square feet of outdoor dining area. The area would
consist of pavers with a landscape hedge located toward the parking lot.
Appropriate walk lanes between the building and dining area have been
provided. The drive through lanes are located in the southwest corner of the
building with a canopy over the two lanes at the pick up window. The applicant
must provide a minimum of 60 feet of stacking area for each lane. The
applicant submitted details on the audio equipment to be used. The highest
noise level at the speaker mount would be 75 dB and would quickly disburse
as it moves away from the site. The drive through is approximately 60 feet
away from the property line and at that distance the noise level would be 53
dB, equivalent to a conversation at three feet. This would be compliant with
code. The trash enclosure is at the southwest corner of the building facing
west. The trash compactor is located along the west side of the building. The
trash enclosure would be constructed of a brick design and blend with the
building. Design and Review requested that the trash compactor replicate
what was being done for the trash enclosure. Details of the enclosure gates
should be provided for the compactor enclosure, which should duplicate the
cedar slatted gates of the freestanding trash enclosure.
Mr. Brixius stated that the landscaping plan was very generous. A number of
discrepancies identified in the planning report should be corrected. Nine linden
trees would be placed around the property. Staff suggested that additional
lindens be placed along Bass Lake Road and Winnetka Avenue. Alpine
currents would be placed around the perimeter of the site. A fence would also
be placed around the property with stone pillars to add some attraction to the
site and offer a livable communities urban appeal. Low growing junipers would
be located at the entrance and should not create a problem with sight lines.
Serviceberry and balsam fir would be located along the south and west
property lines. Black chokecherry are at the entrance points and would
become a thick hedge material. A major concern would be to keep the sight
lines clear at the Winnetka Avenue access point. Another issue is that the
plaza area extends into the right-of-way along Bass Lake Road. Both the
landscaping and the insertion of brick pavers in that area would need to be
approved by Hennepin County. Staff believes this has been accomplished.
The applicant illustrated retaining walls along the east and west property lines
by the parking lots. For a retaining wall over four feet the applicant should
submit detailed plans for engineering and building official approval. A railing
would be required on top of the west retaining wall.
Brixius noted that the lighting plan and photometric plan complies with light
levels allowed by the New Hope Code. Details on the light fixtures have been
provided. Staff recommends fiat lens light fixtures as a means of reducing
glare. The fence would consist of wrought iron and masonry piers and be
located along the north and east property lines. The applicant has identified an
intersection plaza and a physical delineation for a pedestrian way to the front
entrance. Staff felt that the applicant should bring the same treatment across
the parking lot from both access points on Bass Lake Road and Winnetka due
to the amount of foot traffic along those streets, and to segregate pedestrian
and automobile traffic.
The building elevations indicate the primary material would be an EFIS with a
Planning Commission Meeting 11 May 4, 2004
brick treatment for the lower 3.5 feet and up the column areas. The applicant
added windows in areas where previously blank walls were proposed. The
applicant changed the screen wall for the trash compactor to brick per the
recommendations of the Design and Review Committee.
Brixius indicated a number of sign variances were being requested and a
comprehensive sign plan was submitted. Wall signage is limited for a multi-
tenant building to 15 percent of the tenant bay or 100 square feet. The
applicant was requesting two 112 square foot signs for CVS. They were
requesting the larger sign due to the store being set back some distance from
the street. Design and Review felt this variance would be appropriate in
exchange for no additional signage above the windows. The planning
consultant stated that staff was recommending approval of the tenant
identification wall signs but prohibiting the accessory "drive-through pharmacy/
l-hour photo/food shoppe signs." Two freestanding signs were being
requested at the entrance at Bass Lake Road and the entrance at Winnetka
Avenue. The Bass Lake Road freestanding sign is propOsed to be 24 feet high
and 132 square feet in sign face area. By ordinance, the applicant would be
allowed 100 square feet. Brixius stated that staff could not find a hardship to
justify the larger sign and would recommend 100 square feet, but the Planning
Commission can make the final determination on the size. The second
freestanding sign would be a monument sign located at the Winnetka Avenue
entrance and is 22 square feet in area. An area of concern regarding this sign
would be visibility for northbound traffic. There is a fairly steep slope along the
south property line that would limit the visibility to the north. The location of the
sign raises visibility concerns at a busy egress location. Staff recommends
that the monument sign variance be denied. The information signs include
"drive through pharmacy, full service drop off only, drive through instruction
panel" and driveway signs at the back of the building. Based on the
configuration and traffic circulation of the site, staff recommends approval of
these signs. The directional signs shown on the plans are sized at three feet
instead of two feet. Staff recommends that the "drive through pharmacy" and
"do not enter" signs be approved. The enter and exit signs are redundant and
staff recommends denial of those signs.
The applicant demonstrated snow storage for the site to be located in the
storm water pond. The landscaping plan shows an opening in this area to
accommodate pushing snow from the parking lot into the pond.
Brixius stated that staff recommends approval subject to the conditions in the
planning report.
Mr. Vince Vander Top, city engineer, mentioned that a memorandum dated
April 29, 2004, regarding the stormwater ponding was handed out at this
meeting. Any approval should be subject to the city engineer's
recommendations in this memo as well as two previous memos dated April. 29
and April 15 about the development. Mr. Vander Top explained that the
elevation of the Sinclair site was lower than the residential lots. With the
redevelopment of the site, the applicant had provided a storm water pond.
Runoff from this site would be directed through a storm sewer back to the
pond at the southwest comer of the site. The pond would discharge to a storm
sewer behind the new Frank's site. There is a Iow area at the back of Frank's
lot that floods during a large rain event. The City Council previously directed
the city engineer to complete a Livable Communities storm water study for the
entire area. Future drainage improvements were considered for existing
conditions such as the Frank's site as well as other conditions in the
redevelopment area. Specifically with this development, the city wanted to be
sure that the collection of storm water from the CVS site and running it to the
pond and then discharging the water through the existing storm sewer that the
existing conditions would not be worsened. Vander Top pointed out that, as
Planning Commission Meeting 12 May 4, 2004
stated in the April 29 memorandum, this proposal would not make the flooding
worse on the Frank's site.
Mr. Vander Top stated that with the general slope of the property, the grade of
the northern driveway would slope down five percent, the maximum slope
allowed for a commercial property, toward Bass Lake Road. CVS made
adjustments in the grading plan to provide a limited landing area near the end
of the driveway toward Bass Lake Road. The driveway on the east goes up at
a five percent slope toward Winnetka Avenue.
Vander Top pointed out that Bass Lake Road and Winnetka Avenue are both
county roads. The applicant must obtain driveway permits from Hennepin
County. Hennepin County recommended that the northern driveway at Bass
Lake Road be a "right in" only with no egress movement. The reason is that
there are 23,000 vehicles per day on Bass Lake Road. Hennepin County was
concerned that some vehicles exiting the driveway would seek to cross both
lanes of traffic to utilize the left turn lane to go northbound on Winnetka and/or
the left turn lane to make a u-turn to go westbound on Bass Lake Road. This
would present a safety concem from Hennepin County's standpoint. Vander
Top added that there was a median in Bass Lake Road along the northern
length of the property to prevent a left turn from Bass Lake Road into the
driveway. Hennepin County does not have any concerns with right or left turn
movements onto Winnetka Avenue. The county did recommend three lanes
for the eastern driveway, two outbound and one inbound lane.
Hennepin County would allow improvements for the plaza in the right-of-way
with the understanding in the future if there were transportation improvements
required in the right-of-way that would require the removal of the plaza, it
would be done at the owner's cost. Through maintenance agreements and
easements, the city would perform the work to remove the plaza with the cost
paid by the properly owner. Vander Top stressed that Hennepin County seeks
relationships with cities to perform the work rather than each property owner.
Mr. Bill Tippman, vice president of Bear Creek Capital of Cincinnati, Ohio, and
designated developer for CVS on projects in the Hennepin County area, came
forward. He explained that CVS was currently the largest pharmaceutical
company in the country with about 5,000 locations, mostly on the east coast.
About one and one-half years ago, the company identified the greater Twin
Cities area as a designated market. Bear Creek Capital was chosen as the
developer for the west side of the river and another developer for the east
side. He stated they have enjoyed working with city staff on this project.
Commissioner Oelkers wondered how CVS felt about the recommended
three lanes for the eastern driveway, and Tippmann responded that they
would be receptive to the three lanes. Oelkers thought that at the Design and
Review Committee meeting there had been discussion about taking the half
circle plaza out of the right-of-way and incorporating it into the parking lot, and
to provide a mirror effect with the Winnetka Green corner aesthetics.
McDonald stated that the petitioner had submitted a prospectus of how this
property would blend in with the Ryland development. It was noted that there
was some concern at the loss of parking stalls if the plaza was to be
incorporated onto the CVS site. The plaza area is approximately 50 to 60 feet
in diameter in a half-round design. The applicant stated he envisioned
benches in the plaza area. The Commission agreed that the proposed size
would be large enough. Commissioner Brauch wondered whether pedestrians
would cross at the intersection.
Chairman Svendsen mentioned that he remembered discussion about
relocating the pylon sign-at the driveway on Bass Lake Road closer to the
intersection to serve both Bass Lake Road and Winnetka Avenue. Mr.
Planning Commission Meeting 13 May 4, 2004
Tippmann stated that the purpose of the pylon sign by the driveway was to
identify the entrance for eastbound traffic on Bass Lake Road. The reason for
the monument sign at the Winnetka driveway was that it was the only
opportunity for northbound traffic and westbound traffic to enter the property.
Discussion ensued on the setback of 10 feet for the signs. Mr. Tippmann
questioned whether one of the fence posts could be enlarged near the
Winnetka Avenue driveway and incorporate signage into the post. Brixius
added that a corner property was allowed only one freestanding sign. When
asked, Mr. Tippmann stated that CVS could agree to a 100-foot pylon sign,
but stressed they would like to have some form of identification at the
Winnetka entrance. Both signs would be internally illuminated. Brixius added
that staff and the Design and Review Committee would agree to a 112 square
foot wall sign for CVS and a 100 square foot wall sign for the second tenant,
and Tippmann concurred.
Commissioner Oelkers wondered how the petitioner felt about continuing the
pedestrian paver areas from the sidewalk at each entrance through the
parking area to the store's entrance. Mr. Tippmann stated he did not feel it
would serve any purpose except to eliminate green space in the islands.
Brixius added that the paver treatment could be between the islands.
Commissioner Anderson mentioned that typically people take the shortest
distance between two points. Mr. Ross Fairbrother, engineer for CVS, pointed
out that there was a 12 percent grade change upward in the site toward the
driveway on Winnetka.
Commissioner Oelkers wondered whether there had been any information
provided for the demolition of the house on the Bauer property. McDonald
reported that was identified on the plat. Tippmann interjected that CVS had an
agreement with the school district where CVS and the school district would
trade approximately 15,000 square feet of land. CVS would either purchase
additional land from the school district or, through the use of an easement,
utilize land for the pond. The agreement states that CVS would demolish the
single family home and take care of any environmental issues. The staff report
recommends that CVS also remove the curb cut and repair the sidewalk.
Oelkers initiated discussion on the future pond on the School District site.
Vander Top responded that the Livable Communities Storm Water Study
anticipated the redevelopment of the school property. If that redevelopment
would happen, there would be a much larger pond on the school property.
Staff encouraged the applicant and school district to work together to build the
smaller pond in the permanent location. The arrangement the two entities
have come to is to construct a temporary pond. City staff encouraged CVS to
seek an easement from the school district so whenever the school property
would be redeveloped the easement could be vacated. The school district
would still own the property and could construct the pond in its permanent
location and redevelop this ponding area. In the long-term, this pond wouldbe
replaced in a more permanent location.
Brixius clarified the location of several trees on the landscaping plan along
Bass Lake Road and Winnetka Avenue.
Chairman Svendsen pointed out the recommendation from West Metro Fire
with regard to a no parking zone at the end of the loading dock.
Commissioner Anderson questioned the hours of operation. Mr. Tippmann
replied that CVS operates basically the same as Walgreens, its biggest
competitor. CVS intends to have five or six locations throughout the metro
area that would operate 24 hours. They were requesting 24-hour operation for
all of the locations, due to the fact they had not yet determined which stores
would be open 24-hours. The entire store would be open 24 hours, but was
Planning Commission Meeting 14 May 4, 2004
MOTION
Item 4.5
geared toward the pha~acy, Brixius stated that there was no restriction on
hours of operation for retail facilities. It was noted that the New Hope
Walgreens store was not a 24-hour operation.
Mr. Tippmann stated that he and CVS were in total agreement with the
conditions in the planning report with the following exceptions: 1 ) flat lens light
fixtures - Brixius interjected that the city did not want a bare bulb exposure,
but a hooded illuminary would be acceptable - the petitioner agreed with that
suggestion; 2) asked that the auxiliary signs stating drive through pharmacy
be allowed due to the fact that portion of the business was an important
element to CVS and the way the site was configured the drive through would
be completely shielded at the back of the store - Brixius interjected that some
of the wall signage for drive through would be approved. Svendsen added that
signage for the drive through at the back was all right.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Brauch, seconded by Commissioner Buggy to
close the Public Hearing on Planning Case 04-10. All voted in favor. Motion
carried.
Commissioner Oelkers stated he felt the biggest issue for the project was the
large amount of signage requested for the front of the building. The pylon sign
sized at 100 square feet was fine, but another monument sign was too much
signage. The informational signs should be according to code. Brixius stated
that he felt all the signage related to the drive through was appropriate; the
construction panels, the stacking lanes, directional signs were all
recommended for approval. His recommendation for the freestanding sign
was 100 square feet and denial of the secondary monument sign. The 10-foot
setback should be met. His wall sign recommendation was a variance for 112
square feet, but all miscellaneous signs including the drive through, one hour
photo, and food service would be prohibited. Svendsen questioned whether
there would be any proposed pylon signage area for the second tenant. Mr.
TiPpmann stated that tenant could share the pylon sign. Commissioner Buggy
suggested that the petitioner incorporate the Winnetka signage into the fence
post and bring details to the City Council meeting. It was noted that there
would not be any digital or electronic type readerboard sign.
Motion by Commissioner Oelkers, seconded by Commissioner Buggy, to
approve Planning Case 04-10, Request for preliminary plat, rezoning,
site/building plan review, sign variance/Comprehensive Sign Plan, and
administrative permits for drive-through facilities and outdoor dining,
7901 Bass Lake Road, Bear Creek Capital and CVS Pharmacy,
Petitioners.
Rezonin,q - Staff finds that conditions have changed that warrant the
expansion of the CB zoning in conjunction with this application. This
site has been identified for redevelopment and the Comprehensive
Plan identifies this area for commercial land use. Under these
circumstances, staff recommends approval of the zoning change.
Preliminary Plat - The proposed preliminary plat meets the standards
of the New Hope Subdivision Ordinance and CB Zoning District. Staff
recommends approval with the following conditions:
1. Comply with recommendations of city engineer (April 15 and 29,
2004, correspondence).
2. Comply with recommendations of city attorney (April 23, 2004,
correspondence).
Planning Commission Meeting 15 May 4, 2004
3. Subject to Hennepin County plat review and approval of street
access permits (May 6, 2004, correspondence received after
Planning Commission meeting).
4. Planning Commission agrees to waive review of final plat.
5. Park fees to be paid at time of final plat approval (2.35 acres x
$2,500 = $5,875).
Site and Buildinq Plan Review
1. Execute development agreement with city and provide the
appropriate financial security for site improvement work (amount
to be determined by building official and city engineer).
2. Comply with city engineer recommendations, per April 15 and 29,
and stormwater ponding memo dated April 29, 2004, attached
correspondence.
3. Approval of plans by building official.
4. Approval of plans by West Metro Fire.
5. Comply with planner recommendations, as follows:
a. Hennepin County providing written approval of the plaza
improvements and landscaping. Without this approval, the
proposed plaza should be expanded on site. This will change
the site plan design.
b. Provide a detail for trash compactor enclosure gates. Said
gates should duplicate the trash enclosure gates.
c. Landscape plan:
1) Extending over-story tree treatment along Bass Lake
Road and Winnetka Avenue.
2) Details on the retaining walls over four feet in height must
be submitted for review and approval by the New Hope
building official and city engineer. Railings must be
installed atop the west retaining wall.
3) Correct discrepancies between landscape plan and
schedule.
d. Parking lot lights shall use the hooded luminaire fixtures.
e. The following signage is approved for the CVS multi tenant
building:
1) Wall Siqns:
a) Approves a variance for two CVS walls signs at 112
square feet each (4 feet by 28 feet) in area.
b) Other miscellaneous signs (i.e., drive through, one
hOur photo, food center) shall be prohibited.
c) The other tenant bay shall receive a wall sign up to
100 square feet in area.
2) Freestanding Signs:
a) Freestanding sign on Bass Lake Road be reduced
from 132 to 100 square feet.
b) Second freestanding sign on Winnetka to be 22
square feet, incorporated into fence, detail to be
provided.
c) The freestanding signs be set back 10 feet from all
property lines.
3) Informational Si.qns - Per the sign packet submitted by
the applicant, the city approves the sign size and location
for Signs D, E, F, G, and H.
4)Directional Siqns:
a) The city approves the size and location for Signs I
and L per the applicant's sign plan.
b) The proposed Sign J (enter) and Sign K (exit) are
Planning Commission Meeting 16 May 4, 2004
Design and Review
Committee
Item 5.1
Codes and Standards
Committee
Item 5.2
OLD BUSINESS
Miscellaneous Issues
NEW BUSINESS
ANNOUNCEMENTS
ADJOURNMENT
prohibited.
Administrative Permit - Outdoor Dining - Administrative permit for
outdoor dining is approved with the following criteria:
1. Outdoor dining area shall be limited to 330 square feet, delineated
by landscaping and brick pavers.
2. The applicant is required to provide indoor storage space for any
movable dining area furniture for winter month storage.
Administrative Permit - Drive Through Facilities - Administrative
permit for drive through facilities is approved with the following
condition:
1. All deliveries and trash pick up shall be scheduled for late evening
hours or early morning hours when drive through traffic is
minimal.
Voting in favor:
Voting against:
Absent:
Motion carried.
Anderson, Brauch,
Oelkers, Svendsen
None
Barrick, Landy
Buggy, Hemken, Landy, O'Brien,
Svendsen stated that this planning case would be considered by the City
Council on May 10 and asked the petitioners to be in attendance.
Svendsen reported that the Design and Review Committee met with the
petitioners in April and had a special meeting with Tharps. He added that staff
was expecting two or three applications for the May meeting. The Committee
would meet on May 13 at 7:30 a.m.
McDonald reported that the Codes and Standards Committee would be
meeting on May 19 at 7 a.m. to discuss several items.
There was no old business.
Motion was made by Commissioner Buggy, seconded by Commissioner
Oelkers, to approve the Planning Commission minutes of April 6, 2004.
All voted in favor. Motion carried.
City Council/EDA minutes were reviewed.
Chairman Svendsen acknowledged the letter of resignation from Cindy
Barrick and thanked her for her years of service on the commission.
McDonald added that the city would be advertising for a new commissioner.
Commissioner Oelkers stated he had never felt forced to vote either for or
against a project they did not feel was an appropriate use for the site.
McDonald added that city staff tries very hard to give the Commission all the
facts so it can made the best decision.
The Planning Commission meeting was unanimously adjoumed at 10:25 p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Planning Commission Meeting 17 May 4, 2004
City Council Minutes
Regular Meeting
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
April 26, 2004
City Hall, 7:00 p.m.
CALL TO ORDER
PLEDGE OF
ALLEGIANCE
ROLLCALL
SPECIAL
RECOGNITION--
ESSAY CONTEST
AWARD OF
EXCELLENCE
New Hope City Council
Page 1
The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Pro rem Cassen called the meeting to order at 7:00 p.m.
The City Council and all present stood for the Pledge of Allegiance to the Flag.
Council Present:
Don Collier, Mayor (arrived at 8:10 p.m.)
Doug Andersen, Councilmember
Sharon Cassen, Mayor Pro tem
Mary Gwin-Lenth, Councilmember
Steve Sommer, Councilmember
Staff Present:
Dan Donahue, City Manager
Amy Baldwin, Community Development Intern
Jerry Beck, Communications Coordinator
Doug Debrief, Assistant City Attorney
Ken Doresky, Community Development Specialist
Guy Johnson, Director o£Public Works
Valerie Leone, City Clerk
Gary Link, Director of Police
Kirk McDonald, Director of Community Development
Steve Sondrall, City Attorney
Vince Vander Top, City Engineer
Mr. Gary Link, Director of Police and staff liaison to the Human Rights
Commission, introduced Human Rights Commission members Jackie Fraedrich
and Jim Cushenberry. Mr. Link and Ms. Fraedrich presented awards to winners of
the local essay contest sponsored by the New Hope Human Rights Commission.
The essay contest winners included Katelyn Hoerr and Amanda Leitch (15t place),
Ashley DeForest (2na place), and Laine Ferrara, Tessa House, Brittany Nelson,
Rowan Fakhoury (honorable mentions). Chief Link explained the purpose of the
essay contest involving participation by 139 eighth grade students. He cited the
essay question: "Fifty years ago, the Supreme Court ruled, in Brown vs. Board of
Education - Topeka, that segregated schools were unconstitutional and do not
provide a quality education to all students. Did this ruling put an end to
segregation in the United States? What can you do to promote
desegregation/integration in our society?"
Mr. Stan Mack, Superintendent of School District 281, was recognized.
Superintendent Mack thanked the students, Human Rights Commission, and the
city council for their involvement with the essay contest and promoting learning in
the schools.
Mayor Pro tem Cassen introduced for discussion Item 3.2, Recognition of
Homeland Security and Emergency Management Award of Excellence for Animal
Control Officer Tom Mahan.
Mr. Gary Link, director of police, recognized Tom Mahan, animal control officer.
April 26, 2004
APPROVAL OF
MINUTES
OPEN FORUM
ROTATING VOTES
CONSENT AGENDA
MOTION
Consent Items
FINANCIAL CLAIMS
Item 6.2
LIABILITY CLAIMS
Item 6.3
RESOLUTION 2004-80
Item 6.4
WEED INSPECTOR
Item 6.5
RESOLUTION 2004-81
Item 6.6
RESOLUTION 04-82
Item 6.7
New Hope City Council
Page 2
He reported that Tom Mahan has been employed by the city of New Hope since
1998 and has proven to be an exemplary employee.
In 1999 Tom became part of the Minnesota Animal Disaster Coalition. The group
developed an animal control disaster plan to address emergency response
operations for domestic animals during times of natural, mechanical, or terrorism
based disasters. Director Link shared that Tom Mahan has been given an Award of
Excellence by the Minnesota Department of Public Safety Division of Homeland
Security and Emergency Management for his contributions.
The city council congratulated Tom on the award.
Motion was made by Councilmember Sommer, seconded by Councilmember
Andersen, to approve regular meeting minutes of April 12, 2004. Voting in
favor: Andersen, Cassen, Sommer; Voting against: None; Abstained: Gwin-Lenth;
Absent: Collier. Motion carried.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to approve the work session minutes of April 19, 2004. Voting in
favor: Andersen, Cassen, Gwin-Lenth, Sommer; Voting against: None; Absent:
Collier. Motion carried.
Mr., Barbara Graham, Treasurer of NW Community Revitalization Corporation,
thanked the city council for supporting the 4317 Nevada Avenue project. She
reported on the funding sources to date.
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the Mayor's name first
followed by the Councilmembers in alphabetical order.
Mayor Pro tem Cassen introduced the consent items as listed for consideration and
stated that all items will be enacted by one motion unless requested that an item be
removed for discussion.
Motion was made by Councilmember Sommer, seconded by Councilmember
Gwin-Lenth, to approve all items on the Consent Agenda. Voting in favor:
Andersen, Cassen, Gwin-Lenth, Sommer; Voting against: None; Abstained: None;
Absent: Collier. Motion carried.
Approval of financial claims through April 26, 2004.
Acknowledgement of Liability Claim Nos. 04-10 (Janet Maki) and 04-11 (Tracee
DeNeui).
Resolution approving agreement with Off Broadway Musical Theatre.
Appointment of assistant weed inspector for 2004.
Resolution
authorizing
agreement.
relating to Northwest Hennepin Human Services Council and
the execution and delivery of an amended joint and cooperative
Resolution awarding city of New Hope contract for drilling services to Matrix
Environmental in the low quote amount (improvement project no. 751).
April 26, 2004
BID/PAINTING
TRUCK BODY
Item 6.8
INSURANCE
PREMIUMS
Item 6.9
LIABILITY
COVERAGE
Item 6.10
PUBLIC HEARING
Item 7.1
CLOSE HEARING
Item 7.1
RESOLUTION 04-83
Item 7.1
New Hope City Council
Page 3
Approval of bid from Minncor Industries for painting one truck body for
$3,010.74.
Approval of insurance premiums for general liability, property damage, employee
bond and worker's compensation for the period April 20, 2004 through April 20,
2005 through the League of Minnesota Cities Insurance Trust.
Motion to accept statutory limitations of $300,000 for individual claimant recovery
for insurance provided by League of Mirmesota Cities Insurance Trust.
Mayor Pro tem Cassen introduced for discussion Item 7.1, Public Hearing -
Resolution approving development contract for 4317 Nevada Avenue North
(improvement project no. 734).
Mr. Ken Doresky, Community Development Specialist, stated the sale and
development agreement will be subject to planning and zoning approvals
necessary by the planning commission and city council. He stated the Northwest
Community Revitalization Corporation (NCRC) Community Housing
Development Organization (CHDO) has been success in its funding efforts and
anticipates starting construction this fall.
The city council previously indicated support of selling the property that was
purchased with CDBG funds to the NCRC for $1.00. The NCRC presently owns
4301 Nevada Avenue North and desires to incorporate 4317 Nevada into the
development proposal to replace the two existing blighted single-family residential
properties with six affordable owner-occupied zero lot line homes (two tri-plexes)
on the combined lot. One of the units will be accessible.
Mr. Steve Sondrall, City Attorney, reported that the property will not be conveyed
to the CHDO until they receive project approval. He indicated adoption of the
resolution is similar to a letter of understanding between two parties. Also, Mr.
Sondrall clarified that the city of New Hope is the owner of the property and
therefore the city council is conducting the public hearing rather than the
Economic Development Authority.
Mayor Pro tem Cassen expressed support for the proposed project and pointed out
that New Hope's portion of property taxes will increase from $877 to $4,766.
The council asked staff to address the following concerns during the planning
process: possibility of changing the steep slope, whether the property to the north
is suitable for a similar project, whether basements will be included, and if more
than one unit could be fully accessible.
Mr. Doresky assured the council that it will have an opportunity to review the
plans in the future.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to close the public hearing. Voting in favor: Andersen, Cassen, Gwin-
Lenth, Sommer; ¥oting against: None; Abstained: None; Absent: Collier. Motion
carried.
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING DEVELOPMENT CONTRACT
FOR 4317 NEVADA AVENUE NORTH (IMPROVEMENT PROJECT NO.
April 26, 2004
PUBLIC HEARING
IMP. PROJECT 733
Item 7.2
PLANNING CASE
04-02
Item 8.1
RESOLUTION 04-84
Item 8.1
PLANNING CASE
04-06
Item 8.2
734)." The motion for the adoption of the foregoing resolution was seconded by
Councilmember Gwin-Lenth, and upon vote being taken thereon, the following
voted in favor thereof: Andersen, Cassen, Sommer, Gwin-Lenth; and the
following voted against the same: None; Abstained: None; Absent: Collier;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
Mayor Pro tem Cassen introduced for discussion Item 7.2, Public Hearing -
Resolution modifying the restated redevelopment plan and tax increment financing
plans for redevelopment project no. 1 and tax increment financing districts nos.
80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, and 03-1 (special law); creating tax
increment financing district no. 04-1 (special law) and adopting a tax increment
financing plan relating thereto (improvement project no. 733).
Mr. McDonald, director of community development, reported that Hennepih
County Board of Commissioners approved creation of TIF district 04-1 as outlined
in its memorandum dated April 2, 2004. The council directed the clerk to enter this
as part of the official record.
The public hearing was suspended at 7:35 p.m. for consideration of agenda items
8. I, 8.2, and EDA Item 4.
Mayor Pro tem Cassen introduced for discussion Item 8.1, Planning case 04-02,
request for f'mal plat approval for property to be known as Science Industry Center
3rd Addition, 8801 Science Center Drive, Science Center Drive, LLC, Petitioner.
Mr. Kirk McDonald, director of community development, stated the petitioner is
requesting final plat approval of Science Industry Center 3rd Addition to subdivide
one parcel into two lots to allow construction of a 21,600 square foot office/ware-
house building. He stated Mr. & Mrs. Richard Tieva, owners of Northland
Mechanical (Science Center Drive LLC), are in attendance.
The council thanked the business for remaining and expanding in New Hope.
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-02,
REQUEST FOR FINAL PLAT APPROVAL FOR PROPERTY TO BE
KNOWN AS SCIENCE INDUSTRY CENTER 3m) ADDITION, 8801
SCIENCE CENTER DRIVE, SCIENCE CENTER DRIVE, LLC,
PETITIONER." Thc motion for the adoption of the foregoing resolution was
seconded by Councilmember Andersen, and upon vote being taken thereon, the
following voted in favor thereof: Andersen, Cassen, Sommer, Gwin-Lenth; and
the following voted against the same: None; Abstained: None; Absent: Collier;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
Mayor Pro tem Cassen introduced for discussion Item 8~2, Planning case 04-06,
request for rezoning, comprehensive plan amendment, and concept/development
stage planned unit development approval, 5620 Winnetka Avenue North, Armory
Development/Master Development Group, petitioners.
Mr. McDonald, director of community development, stated the petitioner is
requesting rezoning of property from CB, community business, to PUD, planned unit
development, Comprehensive Plan amendment, and concept/development stage
planned unit development approval to allow construction of 44 rowhouses, two-story
rowhouses, and two-story townhome units in six separate buildings.
New Hope City Council
Page 4
April 26, 2004
New Hope City Council
Page 5
The property is located on the east side of Winnetka Avenue approximately 400 feet
north of Bass Lake Road. Adjacent land uses include community business to the
south, high density residential to the north, commumty business and senior/disabled
residential across Winnetka Avenue to the west, and city of Crystal single-family
homes to the east. The site contains 137,976 square feet or 3.17 acres. The proposed
building area would cover 35 percent of the parcel and the green area would be 24
percent, and the impervious surface including the parking lot would cover 41 percent
of the site. This site was included in the Livable Commumties Task Force study area
and Armory Development was selected as the preferred developer for this site by the
city council. This was one of the concepts that was preferred and recommended by
the task force. Mr. McDonald explained that the city had been working with the
developer for over a year on this site, and the developer has a purchase agreement on
the property. The City Council had reviewed preliminary concept plans and
approved a preliminary financial agreement with the developer with the creation of a
new tax increment financing district. The agreement was based on 44 umts with no
storm water pond on the site, but the developer would make a cash conlribution for
ponding. Mr. McDonald explained that the city would utilize the developer's pond
contribution along with other resources from the TI~ District to make improvements
to the Wincrest Apartments pond.
The property is currently occupied by a stand-alone commercial building. The
developer will remove all existing buildings and parking areas to accommodate the
redevelopment of the site with urban-style townhomes.
Mr. McDonald stated that housing units would be divided into six buildings with a
design that allows for flexibility in the construction process and creates green space
around each unit. The plan creates higher density housing in a layout that would
maintain a sense of spaciousness and openness. Two of the buildings would front
Winnetka Avenue and consist of 12 rowhomes approximately 1,500 to 1,800 square
feet each, with main entries on Winnetka and parking at the rear of each unit. The
units would be priced between $180,000 and $220,000. Four of the buildings would
be set in the center of the site and would be phased in during the sales cycle. These
homes would consist of two-story units approximately 1,700 to 1,900 square feet and
would be priced from $190,000 to $230,000. The exterior of the units would be a
mixture of brick and stone material, cedar trim, clad windows, hardi-plank, and vinyl
or cornparable material siding. There would be professionally designed and installed
landscaping throughout the site. The interior of the units would have upgraded
standard finishes, including hardwood flooring, custom designed cabinets, and
energy efficient stainless steel apphances. The developer desires to break ground in
the summer of 2004 with the first units ready for occupancy in the spring of 2005.
The development would be maintained over the long-term by a condominium
association that would govern the entire parcel and the 44 townhomes.
The front yard setback requirement is 25 feet fi:om the property line and the proposed
setback on Sumter Avenue is 16 feet. The front yard setback on Winnetka Avenue is
30 feet and the proposed setback is 15 feet from the property line. The urban style
planning pushes structures closer to the street for an urban type feel. The planner felt
the proposed setback on Sumter Avenue was appropriate due to the fact that only
four units would be abutting Sumter Avenue. The planner indicated that a reduced
setback was acceptable if it provided an attractive urban streetscape appeal. The
architecture and appearance of the proposed townhome units abutting Winnetka
Avenue should complement the sidewalk areas and landscaping and provide an
attractive urban feeling along the street. The reduced setback along Sumter Avenue
was appropriate as a means of conserving space within the overall development. In
this area, only side elevations of two buildings are exposed, limiting the number of
units directly fronting along Sumter Avenue to four units. The side yard setbacks
April 26, 2004
New Hope City Council
Page 6
from the adjoining properties are greater than I0 feet with the exception of the
northwest property line near Wincrest Apartments. There would be a 10-foot
separation between the two townhome buildings located along Winnetka Avenue.
Mr. McDonald stated that after much discussion at a staff level and the Design and
Review Committee, the feeling was that this separation was adequate. The building
official also felt the separation was adequate.
He reported that property owners within 350 feet of the site, including the city of
Crystal, were notified of the public hearing. The city received some calls from
Crystal residents and Crystal city staff who identified concerns with headlights
coming out of the three curb cuts on Sumter Avenue and drainage concerns. One
Crystal resident, Julie Siekkinen, spoke at the Planmng Commission but was
generally supportive of the project.
The site would be served by a single access from Winnetka Avenue and three access
drives from Sumter Avenue. The Winnetka Avenue access would be shared with the
funeral home. Staff encouraged the developer to pursue joint access with the funeral
home, which has been accomplished. To address concerns regarding the use of the
funeral home parking lot by through traffic, the applicant was proposing to install
"No Thru Traffic" signs so anyone coming into the development knows to mm north
into the development. The applicant enlarged the turmng radius from Winnetka
Avenue to 20 feet to address concerns regarding vehicular maneuverability. Traffic
would be able to circulate through the site by utilizing one of the three accesses on
Sumter Avenue. The radius on all the curves was increased to 20 feet. He noted that
landscaping and slopes will be placed to mitigate the headlight issue.
Mr. McDonald also reported on the proposed parking areas, garages, landscaping
plan, and lighting plan. He stated the development will include two monument type
signs - one on the north side of the entrance on Winnetka Avenue and the other at
the middle entrance along Sumter Avenue. The signs would be six feet in height and
eight feet in length, and constructed of durable materials and supported by stone
columns.
Mr. Vince VanderTop, city engineer, reviewed proposed locations of sanitary
sewer, water main, and storm sewer. He confirmed that the pond improvements
and additional storm sewer should alleviate flooding problems experienced at
Wincrest Apartments. He noted the utilities within the development will be
private. He stated the estimated cost of the pond improvements ranges from
$150,000 to $200,000, and the contribution from the development is $56,000.
Mayor Collier arrived at the meeting at 8:10 p.m.
Mr. Charlie Nester, Master Development Group, was recognized. He indicated
they have been working with city staff since January 2001, and the proposed
project has been altered several times. The current proposal includes 44 units and
garage space.
Mr. Jeff Wrede, Toushie Montgomery Architects, illustrated the two styles of
buildings (back-to-back townhomes and see-through townhomes). He described
the exterior building materials, windows, patios, and decks. Mr. Wrede explained
that each building will have a separate water/electricity room. He addressed
proposed landscaping for the end umts and their desire to retain existing trees as
much as possible.
Mr. Nester answered questions regarding privacy between patio areas. He stated
this issue was raised at the planning commission and a suggestion was made to add
lattice or screening for added privacy between the end units.
April 26, 2004
RESOLUTION 04-85
Item 8.2
CLOSE HEARING
Item 7.2
RESOLUTION 04-86
Item 7.2
2004 OPERATING
BUDGETS
Item 10.1
New Hope City Council
Page 7
Ms. Juanita Hoffe, 4632 Flag Avenue North, was recognized. She questioned the
purpose of the reduced setback~ She also questioned the calculation of the pond
fee.
Mr. McDonald replied that the urban style planning pushes structures closer to the
street for an urban type feel similar to the Ryland Homes development. He
confirmed that it results in less open space.
Mr. VanderTop addressed Ms. Hoffe's inquiry relative to the pond fee. He stated
the fee is based on the cost that the developer would have to pay to construct a
pond on the development.
Councilmember Cassen introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-06,
REQUEST FOR REZONING, COMPREHENSIVE PLAN AMENDMENT,
AND CONCEPT/DEVELOPMENT STAGE PLANNED UNIT
DEVELOPMENT APPROVAL, 5620 WINNETKA AVENUE NORTH,
ARMORY DEVELOPMENT/MASTER DEVELOPMENT GROUP,
PETITIONERS." The motion for the adoption of the foregoing resolution was
seconded by Councilmember Gwin-Lenth, and upon vote being taken thereon, the
following voted in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth,
Sommer; and thc following voted against the same: None; Abstained: None;
Absent: None; whereupon the resolution was declared duly passed and adopted,
signed by thc mayor which was attested to by the city clerk.
At 8:34 p.m. the City Council meeting was suspended and the EDA Meeting was
called to order.
At 8:45 p.m. the City Council reconvened and took action on Item 7.2.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Cassen, to close the public hearing. All present voted in favor. Motion carried.
Councilmember Gwin-Lenth introduced the following resolution and moved its
adoption: "RESOLUTION MODIFYING THE RESTATED
REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS
FOR REDEVELOPMENT PROJECT NO. I AND TAX INCREMENT
FINANCING DISTRICTS NOS. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, AND
03-1 (SPECIAL LAW); CREATING TAX INCREMENT FINANCING
DISTRICT NO. 04-1 (SPECIAL LAW) AND ADOPTING A TAX
INCREMENT FINANCING PLAN RELATING THERETO
(IMPROVEMENT PROJECT NO. 733)." The motion for the adoption of the
foregoing resolution was seconded by Councilmember Cassen, and upon vote
being taken thereon, the following voted in favor thereof: Collier, Andersen,
Cassen, Gwin-Lenth, Sommer; and the following voted against the same: None;
Abstained: None; Absent: None; whereupon the resolution was declared duly
passed and adopted, signed by the mayor which was attested to by the city clerk.
At 8:47 p.m. the council meeting was suspended to reconvene the EDA meeting.
At 8:51 p.m. following adjournment of the EDA meeting, the council meeting was
reconvened.
Mayor Collier introduced for discussion Item 10. I, Resolution amending the 2004
operating budgets to record adjustments to cable franchise fees, development
revenue and related expenditures and re-appropriate specific funding for programs
April 26, 2004
MOTION
Item 10.1
MOTION
Item 10.1
2004 WATER RATES
Item 10.2
ORDINANCE 04-05
Item 10.2
POLICE GRANT
Item 10.3
RESOLUTION 04-88
New Hope City Council
Page 8
not completed in 2003 and close specific funds in compliance with GASB 34.
Mr. Dan Donahue, city manager, explained the components of the proposed
budget amendment as outlined in schedule A.
Motion was made by Councilmember Sommer, seconded by Councilmember
Anderson, to adopt the resolution with the exception of the $5,412 arena
funding and the $15,000 community survey items. Councilmember Sommer
pointed out the council's intent to discuss these items at its May 17 work session,
and recommended considering amendments to the budget for these items after the
work session. Voting in favor: Sommer, Anderson; Voting against: Collier,
Cassen, Gwin-Lenth. Motion failed.
Councilmember Cassen introduced the following resolution and moved its
adoption: "RESOLUTION AMENDING THE 2004 OPERATING BUDGETS
TO RECORD ADJUSTMENTS TO CABLE FRANCHISE FEES,
DEVELOPMENT REVENUE AND RELATED EXPENDITURES AND RE-
APPROPRIATE SPECIFIC FUNDING FOR PROGRAMS NOT
COMPLETED IN 2003 AND CLOSE SPECIFIC FUNDS IN COMPLIANCE
WITH GASB 34." The motion for the adoption of the foregoing resolution was
seconded by Councilmember Gwin-Lenth, and upon vote being taken thereon, the
following voted in favor thereof: Collier, Cassen, Gwin-Lenth; and the following
voted against the same: Andersen, Sommer; Abstained; None; Absent: None;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 10.2, Ordinance no. 04-05, an
ordinance amending the water rate for 2004.
Mr. Dan Donahue, city manager, stated the joint water commission has undertaken
a study of the delivery of water but a decision has not been made yet. He reported
that the current water rate of $3.24/1,000 gallons is 7% short of raising the
required revenue to pay for the water utility service. He recommended increasing
the rate by 25 cents/I,000 gallons to restore the utility to a break-even cash flow.
He commented that the city coUld review and adjust the water rates depending on
the water source decision.
Councilmember Cassen introduced the following ordinance and moved its
adoption: "ORDINANCE NO. 04-05, AN ORDINANCE AMENDING THE
WATER RATE FOR 2004." The motion for the adoption of the foregoing
ordinance was seconded by Councilmember Gwin-Lenth, and upon vote being
taken thereon, the following voted in favor thereof: Collier, Andersen, Cassen,
Gwin-Lenth, Sommer; and the following voted against the same: None; Abstained:
None; Absent: None; whereupon the ordinance was declared duly passed and
adopted, signed by the mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 10.3, Resolution approving
acceptance of a juvenile accountability block grant.
Mr. Gary Link, director of police, explained that the amount of the juvenile
accountability block grant (JABG) awarded to New Hope is $5,835. He stated the
city received the grant in 2003 as well and utilized the funds to conduct extra
patrols near Cooper Senior High School and at school crossings. The 2004 grant
funds will be utilized in the same manner as 2003.
Councilmember Sommer introduced the following resolution and moved its
April 26, 2004
Item 10.3
adoption: ,RESOLUTION APPROVING ACCEPTANCE OF A JUVENILE
ACCOUNTABILITY BLOCK GRANT." 'Thc motion for the adoption of the
foregoing resolution was seconded by Cotmcilmember Gwin-Lenth, and upon vote
being taken thereon, the following voted in favor thereof: Collier, Andersen,
Cassen, Gwin-Lenth, Sommer; and thc following voted against the same: None;
Abstained; None; Absent: None; whereupon the resolution was declared duty
passed and adopted, signed by the mayor which was attested to by the city clerk.
NATIONAL POLICE
WEEK
Item 10.4
Mayor Colher introduced for discussion Item 10.4, Resolution by the city council
proclaiming May 8-16, 2004, as national police week in the city of New Hope.
Mr. Gary Link, director of police, explained that cities across the nation are
encouraged to participate in events which recognize and honor those who have
served their communities by making the ultimate sacrifice in the performance of
their duties. He stated fallen law enforcement professionals will be honored on
May 15 through a candlelight vigil at the state capitol grounds and by flying
American flags at half staff. He reported that since the fn:st recorded police death
in 1792, over 16,500 law enforcement professionals have been killed in the line of
duty in the United States.
Mr. Link also reported on the increase of violence. He stated criminals of
tomorrow are children and juveniles of today. Studies have revealed that one factor
responsible for the increase in violence is the media feeding of violence to children
as entertainment in the form of television, movies, and video games. In order to
stop the trend, it will be necessary to remove children from media violence. There
is an elementary school curriculum being tested as a tool to combat violence.
RESOLUTION 04-89
Item 10.4
Councilmember Andersen introduced the following resolution and moved its
adoption: "RESOLUTION PROCLAIMING MAY 8-16, 2004, AS
NATIONAL POLICE WEEK IN THE CITY OF NEW HOPE." The motion
for the adoption of the foregoing resolution was seconded by Councilmember
Gwin-Lenth, and upon vote being taken thereon, the following voted in favor
thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the following
voted against the same: None; Abstained; None; Absent: None; whereupon the
resolution was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
COMMUNICATIONS
Item 12.1
Mayor Collier introduced for discussion Item 12.1, Exchange of communication
between members of the city council.
Police Chief Link
· Reported on the April 13 incident involving the use of deadly force by a New
Hope police officer
Mayor Collier
· Announced that New Hope has been named a 2003 Tree City USA.
· Reported that he and Councilmember Andersen attended a DARE graduation
last week at Sounesyn Elementary and indicated his intent to attend the DARE
graduation on April 27 at Sunny Hollow Elementary School.
· Attended the first annual spaghetti dinner fundraiser at Ambassador Good
Samaritan on April 22.
· Attended a residents meeting at Broadway Village on April 24.
Councilmember Cassen
· Pointed out Home Free's direct appeal for financial support and noted their
worthy services.
· Reported that she attended the DARE graduation at Meadow Lake Elementary
and was pleased with the significant support shown by parents.
Councilmember Andersen
· Reported that he was impressed with the essays submitted as part of the
New Hope City Council
Page 9
April 26, 2004
ADJOURNMENT
DARE graduation at Sonnesyn Elementary. He noted his intent to attend the
Sunny Hollow DARE graduation on April 27.
City Manager Donahue
· Reminder of May 6 Local Board of Appeal and Equalization meeting.
· Council scheduled a work session following the May 6 meeting to discuss the
proposed PPL project.
· Inquired of council's interest in serving on the ISD 281 Government Advisory
Council that meets the fist Tuesday of each month during the school year. He
noted former Mayor Enck had served on the Advisory Council. Motion was
made by Mayor Collier, seconded by Councilmember Sommer, appointing
Mayor Pro tern Cassen to serve on the Advisory Council. All present voted
in favor. Motion carried.
Motion was made by Councilmember Cassen, seconded by Councilmember
Andersen, to adjourn the meeting, as there was no further business to come
before the Council. All present voted in favor. Motion carried. The New Hope
City Council adjourned at 9:45 p.m.
Respectfully submitted,
Valerie Leon~~'
City Clerk
New Hope City Council
Page 10
April 26, 2004
City Council Minutes
Regular Meeting
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
May 10, 2004
City Hall, 7:00 p.m.
CALL TO ORDER
PLEDGE OF
ALLEGIANCE
ROLL CALL
OATH OF OFFICE
HUG PROGRAM
APPROVAL OF
MINUTES
OPEN FORUM
New Hope City Council
Page 1
The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Collier called the meeting to order at 7:00 p.m.
The City Council and all present stood for the Pledge of Allegiance to the Flag.
Council Present:
Don Collier, Mayor
Doug Andersen, Councilmember
Sharon Cassen, Councilmember
Mary Gwin-Lenth, Councilmember
Steve Sommer, Councilmember
Staff Present:
Dan Donahue, City Manager
Amy Baldwin, Community Development Assistant
Jerry Beck, Communications Coordinator
Doug Debner, Assistant City Attorney
Ken Doresky, Community Development Specialist
Valerie Leone, City Clerk
Gary Link, Director of Police
Kirk McDonald, Director of Community Development
Steve Sondrall, City Attorney
Vince Vander Top, City Engineer
Police Chief Gary Link introduced the city's newest police officers, Nicole
Briercliffe and James Bardon. City Clerk Valerie Leone administered the oath of
office.
Ms. Melodie Hanson, Robbinsdale Area Redesign, updated the council regarding
the Helping Us Grow (HUG) prograrr~ She introduced Paula Watkins who has
coordinated the HUG program for over two years. Ms. Hanson explained that the
HUG program is a free, community-based, home visiting program created to
welcome our newest community members, support new parents and families, and
share information on early brain development.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to approve regular meeting minutes of April 26, 2004. All present
voted in favor. Motion carried.
Mayor Collier clarified that the "sign in sheet" at the front table is intended for
persons who wish to address the council so that the minutes will reflect the correct
spelling of the speaker's name and address. He noted the roster does not dictate the
order that individuals will be called upon.
Mayor Collier advised the audience of a decision made by the council at its May 6
work session to hold a public meeting regarding the water supply system if the
joint water commission recommends development of its own water source. He
noted if the JWC's recommendation is to continue purchasing water from the city
May 10, 2004
ROTATING VOTES
CONSENT AGENDA
MOTION
Consent Items
BUSINESS LICENSES
Item 6.1
FINANCIAL CLAIMS
Item 6.2
RESOLUTION 04-90
Item 6.4
RESOLUTION 04-91
Item 6.6
RESOLUTION 04-92
Item 6.7
of Minneapolis, then no pUblic meeting will be necessary. He also noted many
factors will dictate the timing of the meeting, but the city will post notice in
several sources and provide as much advance notice of the meeting as possible.
Ms. Juanita Hoffe, 4632 Flag Avenue North, representing Citizens for Sensible
Government in New Hope, expressed her appreciation to the city council regarding
their decision to hold a public meeting on the water supply issue.
Mr. Andy Hoffe, 4632 Flag Avenue North, representing Citizens for Sensible
Government in New Hope, presented a petition containing 684 signatures in
support of a public "town meeting" on the water supply issue. Mr. Hoffe cited the
petition language: "You are preparing to vote on an important issue: who will
provide our water supply for the next 30plus years? Before you vote, we want you
to hold a public "town meeting", for the purpose of: 1) Present the pros and cons
for all the proposals you are considering in a clear, concise easy to understand
way; 2) provide the financial information that supports each proposal along with
the assumptions you are using to make future projections; 3) have time for citizens
to ask questions that you or staff answer at the meeting; 4) accept and include in
your deliberations any additional information that citizens present to you. This
public town meeting should be held a minimum of two weeks before you vote on
our future water supply."
Mr. Ranjan Nirgude, 7780 48th Avenue North, representing Citizens for Sensible
Government in New Hope, commented that when he was circulating the petition,
several New Hope residents had not heard about the water issue and were not
aware of the March 23 water fair. He encouraged the city to mail postcards city-
wide to alert residents of the public meeting regarding the water supply issue.
Mayor Collier commented that the water fair was advertised in the Sun Post
Newspaper and through utility bill inserts.
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the Mayor's name first
followed by the Councilmembers in alphabetical order.
Mayor Collier introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Items 6.5 and 6.8 were removed for discussion.
Motion was made by Councilmember Cassen, seconded by Councilmember Gwin-
Lenth, to approve all remaining items on the Consent Agenda. All present
voted in favor. Motion carried.
Approval of business licenses.
Approval of f'mancial claims through May 10, 2004.
Resolution authorizing reduction of special assessment levy no. 015872
(improvement project no. 626).
Resolution calling for a public hearing by the city council of the city of New Hope
on behalf of the Evangelical Lutheran Good Samaritan Society.
Resolution authorizing entering into an agreement with LOGIS to develop and
operate a fiber optic communications network.
New Hope City Council
Page 2
May 10, 2004
ANTENNA SYSTEM
Item 6.9
RESOLUTION 04-93
Item 6.10
RESOLUTION 04-94
Item 6.11
PUBLIC HEARING
IMP. PROJECT 724
Item 7.1
CLOSE HEARING
Item 7.1
RESOLUTION 04-95
Item 7.1
PLANNING CASE
04-12
Item 8.1
Authorization to purchase a bi-directional amplifier antenna system from ANCOM
at a cost of $4,423.00.
Resolution delegating authority to the city manager and designated appointee to
pay certain claims made of the city via electronic payment.
Resolution Approving Agreement with the New Hope/Crystal/Plymouth Swim
Club for use of Milton C. Honsey pool for one mira meet.
Mayor Collier introduced for discussion Item 7.1, Public Hearing - Resolution
modifying the restated redevelopment plan for redevelopment plan no. 1 and the
tax increment financing plans for tax increment financing districts nos. 80-2, 8 l-l,
82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (special law) and 04-1 (special law)
(improvement project no. 724).
Mr. Kirk McDonald, director of community development, stated the public hearing
is to consider modifying the East Winnetka TIF District to include the 5519
Sumter Avenue North property.
The council meeting was suspended at 7:38 p.m. to consider EDA Item 4. The
council meeting was reconvened at 7:46 p.m.
The memorandum from the Hennepin County Board of County Commissioners
dated April 30, 2004, in support of the TIF District amendment was entered into
the record.
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Sommer, to close the public hearing. All present voted in favor. Motion carried.
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION MODIFYING THE RESTATED
REDEVELOPMENT PLAN FOR REDEVELOPMENT PLAN NO. 1 AND
THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT
FINANCING DISTRICTS NOS. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, 03-1
(SPECIAL LAW) AND 04-1 (SPECIAL LAW) (IMPROVEMENT
PROJECT NO. 724)." The motion for the adoption of the foregoing resolution
was seconded by Councilmember Andersen, and upon vote being taken thereon,
the following voted in favor thereof: Collier, Andersen, Cassen, Sommer, Gwin-
Lenth; and the following voted against the same: None; Abstained: None; Absent:
None; whereupon the resolution was declared duly passed and adopted, signed by
the mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 8.1, Planning Case 04-12, Request
for a 13-foot variance to the 25-foot front yard setback requirement to allow
coustmction of a garage addition, 8233 39th Avenue North, Loren Stegman,
petitioner.
Mr. Ken Doresky, community development specialist, stated the petitioner was
requesting a 13-foot variance to the 25-foot front yard setback requirement to allow
construction of a third attached garage addition. The property is zoned R-l, single
family residential, and is surrounded by single family homes. The lot is irregular in
shape and contains 11,066 square feet. Mr. Doresky explained that the Zoning Code
defines the narrowest street frontage as the front yard even though the actual from of
the house faces another street. This property faces 39th Avenue but the actual from
yard fronts Xylon Avenue. Therefore, the front yard setback requirements apply. The
existing garage is 440 square feet and the proposed addition would create an
New Hope City Council
Page 3
May 10, 2004
RESOLUTION 04-96
Item 8.1
PLANNING CASE
04-13
Item 8.2
additional 264 square foot garage stall for a total of 704 square feet.
Mr. Doresky noted properties within 350 feet of the site were notified and staff
received no comments. The property owner has submitted a petition containing
signatures of surrounding property owners in support of the variance.
The Council expressed support for the garage addition.
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-12,
REQUEST FOR A 13-FOOT VARIANCE TO THE 25-FOOT FRONT
YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A
GARAGE ADDITION, 8233 39TM AVENUE NORTH, LOREN STEGMAN,
PETITIONER." The motion for the adoption of the foregoing resolution was
seconded by Councilmember Cassen, and upon vote being taken thereon, the
following voted in favor thereofi Collier, Andersen, Cassen, Sommer, Gwin-
Lenth; and the following voted against the same: None; Abstained: None; Absent:
None; whereupon the resolution was declared duly passed and adopted, signed by
the mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 8.2, Planning Case 04-13, Request
for five-foot variance to the ten-foot side yard setback requirement to allow
construction of a living space addition above a garage addition, 6024 Hillsboro
Avenue North, Derrick Slagle, petitioner.
Mr. Ken Doresky, community development specialist, stated that the petitioner was
requesting a five-foot variance to the 10-foot side yard setback requirement to allow
construction of a living space addition above an attached garage addition. The
property is zoned R-l, single family residential, and is surrounded by single family
residential homes. The lot consists of 11,852 square feet and is slightly irregular in
shape. The zoning ordinance allows garages within five feet of the interior side yard
property line and living space is required to be 10 feet from the property line.
Mr. Doresky reported that property owners within 350 feet of the site were notified
and staff did not receive any comments. The petitioner submitted two letters of
support, including one from the neighbor to the east who is directly impacted by the
project.
He illustrated elevation drawings of the proposed addition. Mr. Doresky explained
that the garage would be 11 feet by 28 feet and would match up with the two-foot
cantilever at the back, and an overhead garage door would be installed. The first
floor plan indicated that the entire lower portion would be garage space and the
second floor plan shows that the front portion would be a bedroom and rear portion
would be a walk-in closet. A double window is proposed above the garage to match
the existing windows on the front elevation. A service door is proposed at the rear of
the garage. A single window would be installed in the closet. No window would be
installed on the east side of the addition.
He stated the City Council has approved side yard variances in the past on a case-by-
case basis.
Mr. Doresky explained that this proposal has brought forward the issue of adding
living space above attached garages and its relationship to setbacks. If so directed,
staff will bring this item to the Codes and Standards Committee in the near future to
determine if an amendment to the zoning code is warranted.
New Hope City Council
Page 4
May 10, 2004
RESOLUTION 04-97
Item 8.2
PLANNING CASE
04-11
Item 8.3
Mr. Derrick Slagle, property owner of 6024 Hillsboro Avenue North, was
recognized. Mr. Slagle responded to Mayor Collier's inquiry regarding the fire
hydrant proxLmity. Mr. Slagle stated the fire hydrant is approximately 16 feet from
the garage.
Ms. Juanita Hoffe, 4632 Flag Avenue North, was recognized. She asked staff
whether the city code differs concerning living space if the garage is attached versus
detached. She recalled denial of a past request by a homeowner for a proposed
addition. Mayor Collier indicated he could not recall the instance especially since
Ms. Hoffe did not specify the property address. He noted city records would reflect
the basis for the denial. He directed staff to report back to Ms. Hoffe on her inquiry.
The council expressed support for the Codes and Standards Committee of the
Planning Commission to review the code as it relates to adding living space above
attached garages and its relationship to setbacks. It was noted that many homes in
New Hope have tuck-under style garages, and adding living space above the garage
has become a popular remodeling plan.
Councilmember Gwin-Lenth introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-13,
REQUEST FOR FIVE-FOOT VARIANCE TO THE TEN-FOOT SIDE
YARD SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A
LIVING SPACE ADDITION ABOVE A GARAGE ADDITION, 6024
I-IILLSBORO AVENUE NORTH, DERRICK SLAGLE, PETITIONER."
The motion for the adoption of the foregoing resolution was seconded by
Councilmember Cassen, and upon vote being taken thereon, the following voted in
favor thereofi Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the following
voted against the same: None; Abstained: None; Absent: None; whereupon the
resolution was declared duly passed and adopted~ signed by the mayor which was
attested to by the city clerk.
Mayor Collier introduced for discussion Item 8.3, Planning Case 04-11, Request
for conditional use permit to allow accessory outdoor sales and services and to
allow construction of a 4,264 square foot garden center at Winnetka Commons
Shopping Center, 3566 Winnetka Avenue North, Frattallone Ace Hardware,
petitioner.
Ms. Amy Baldwin, community development assistant, stated the petitioner is
requesting a conditional use permit to allow accessory outdoor sales and services
limited to 30 percent of the gross floor area of the principal use and to allow
construction of a 4,264 square foot garden center at the former Walgreen's space at
Winnetka Commons Shopping Center. The site is zoned CB, community business.
Adjacent uses include R-4, high density residential to the east, I, industrial to the
south, R4 and CB to the west, CB to the northwest across the intersection of 36th
and Winnetka avenues, and city of Crystal across 36th Avenue to the north. The total
site area contains 218,130 square feet or approximately 5 acres. The store is
proposed to contain 11,234 square feet and the proposed outdoor sales area would be
4,264 square feet.
She stated Frattallone's Ace Hardware is a family owned business and operates 12
stores throughout the metro area. The New Hope store has been at the Winnetka
Center for the past 17 years. The business had decided to expand the store and
desired to remain in New Hope. The new location would provide significantly more
space than the current location and the opportunity for a garden center. The store
would be adding additional employees to its staff.
New Hope City Council
Page 5
May 10, 2004
RESOLUTION 04-98
Item 8.3
PLANNING CASE
04-10
Property owners within 350 feet of the property, including the city of Crystal, were
notified and no comments were received.
Ms. Baldwin stated that the conditional use permit criteria was included in the
planning report. Specific criteria for the CB district include traffic, adjacent
residential property and existing businesses would not be adversely affected.
Specific criteria for outdoor sales and services includes: 1) area limited to 30 percent
of the gross floor area of the principal use, 2) screened from view of neighboring
residential uses abutting a residential dislrict, 3) hghting to be hooded and directed so
the light source is not visible from the public right-of-way or neighboring residences,
4) sales area is grassed or surfaced to control dust, and 5) use does not take up
parking spaces.
Ms. Baldwin described the garden center, fencing, and the landscaping plan. She
reported that no additional parking is required and the garden center will not interfere
with automobile or track traffic circulation.
The council expressed its pleasure that the hardware store was remaimng in New
Hope. Questions posed by council included whether the store will have shopping
carts to assist with heavy or bulky purchases (to avoid a potential traffic problem if
cars pull up next to the store to pick up purchases), whether there is a designated
pick-up area, whether there will be an outdoor PA system, and whether the garden
center will be open year round.
Mr. Tom Frattallone, one of the principal owners of Frattallone Ace Hardware, was
recognized. He stated the store owns eight shopping carts; however, they intend to
remain a full service facility that includes assisting customers with loading
merchandise into their vehicles. He stated small shrubs and flowering plants rather
than large trees will be sold in the garden center. Some existing parking spaces will
be near the garden center for easy loading. The area in the rear can be used as a
loading dock if necessary. Mr. Frattallone stated the majority of sales will occur in
the garden center between March 15 to December 24. He stated employees will wear
radio units, but there will not be an outdoor PA system. He also explained that he
would like the landscaping to provide limited screening of the garden center.
Councilmember Cassen recommended installation of landscaping that offers year
round greenery.
The council congratulated Ms. Amy Baldwin on her new position as community
development assistant and thanked her for the presentation of planning case 04-11.
Councilmember Anderson introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-11,
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW ACCESSORY
OUTDOOR SALES AND SERVICES AND TO ALLOW CONSTRUCTION
OF A 4,264 SQUARE FOOT GARDEN CENTER AT WINNETKA
COMMONS SHOPPING CENTER, 3566 WINNETKA AVENUE NORTH,
FRATTALLONE ACE HARDWARE, PETITIONER." The motion for the
adoption of the foregoing resolution was seconded by Councilmcmber Sommer,
and upon vote being taken thereon, the following voted in favor thereof: Collier,
Andersen, Cassen, Gwin-Lenth, Sommer; and the following voted against the
same: None; Abstained: None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
Mayor Collier introduced for discussion Item 8.4, Planning Case 04-10, Request
for preliminary plat, rezoning, site/building plan review, sign
New Hope City Council
Page 6
May 10,2004
Item 8.4
variance/comprehensive sign plan and admimstrative permits for drive-through
facilities and outdoor dining, 7901 Bass Lake Road, Bear Creek Capital and CVS
Pharmacy, petitioners.
Mr. Kirk McDonald, community development director, stated the planning
commission considered the request at its May 4 meeting and recommended approval.
He stated the applicant is requesting approval of five items (preliminary plat,
rezonmg, site/building plan review, sign variance/comprehensive sign plan and
administrative permits for drive-through facilities and outdoor dining). The
property is located at the southwest quadrant of Bass Lake Road and Winnetka
Avenue. Bear Creek Capital is proposing to construct a 15,457 square foot retail
facility; CVS Pharmacy would occupy approximately 13,013 square feet with
another 2,430 square feet for an additional retail or restaurant facility.
Several parcels would be combined to create one lot. The applicant would be
acquiring some property from the School District, the Bauer property, the Sinclair
site, and exchanging another portion of land with the School District to make the
project work. There are currently two zoning classifications for the properties
including CB, community business, and R-l, single family residential. To facilitate
the redevelopment, all of Lot 1, Block 1 and Outlot A of CVS Winnetka Addition
must be zoned CB. Lot 2, Block 1 is being conveyed to the School District. The
zoning amendment is required to allow for a larger commercial site and to
accommodate a contemporary retail use. The character of the area has changed to
warrant consideration of an amendment. The Comprehensive Plan and Livable
Communities Task Force identified this site for redevelopment. The proposed zoning
change is consistent with the policies and recommendations of the Comprehensive
Plan. The plat shows Lot 1 and Lot 2 with an Outlot A. Outlot A will contain a
stormwater pond. Lot 1 and 2 are compliant with the CB zoning classification and
meets all width and area requirements, as well as setback requirements. The
preliminary plat is consistent with the policies and standards of the subdivision
ordinance, and staff recommends approval. The applicant has requested a waiver of
the final plat by the Planning Commission.
Mr. McDonald reviewed the proposed plans for the parking, signage, and
landscaping. He stated traffic circulation will enter the site from Bass Lake Road and
exit on Winnetka Avenue.
The applicant has identified an intersection plaza and a physical delineation for a
pedestrian way to the front entrance. Staff felt that the applicant should bring the
same treatment across the parking lot from both access points on Bass Lake Road
and Winnetka due to the amount of foot traffic along those streets, and to segregate
pedestrian and automobile traffic.
Mr. Vince Vander Top, city engineer, explained that the elevation of the Sinclair site
was lower than the residential lots. With the redevelopment of the site, the applicant
had provided a storm water pond. Runoff from this site would be directed through a
storm sewer back to the pond at the southwest comer of the site. The pond would
discharge to a storm sewer behind the new Frank's site.
Mr. Vander Top stated that with the general slope of the property, the grade of the
northern driveway would slope down five percent, the maximum slope allowed for a
commercial property, toward Bass Lake Road. The last 20 feet of the driveway will
be at a two percent grade to provide a flatter surface. There will be three lanes on the
Winnetka driveway (right lane exit, left lane exit and one entrance lane). He stated
since the site abuts two county roads, the applicant will need to obtain driveway
access permits from Hennepin County.
New Hope City Council
Page 7
May 10, 2004
RESOLUTION 04-99
Item 8.4
SIGN ORDINANCE
Item 10.1
New Hope City Council
Page 8
The council questioned whether the bus bench will be relocated. Mr. Vander Top
indicated he is uncertain but for safety purposes, it could be moved south on
Winnetka farther away from the intersection.
Mr. Ranjan Nirgnde, 7780 48th Avenue North, was recognized. He asked whether
the city has reviewed the amount of truck traffic from Bass Lake Road. He
questioned pedestrian safety and whether the city has plans to replace sidewalks
and landscaping along the right-of-way.
Mr. Vander Top stated the city will work with the applicant to determine the track
turning radius and pavement design. He stated the county does not foresee the need
for islands on Winnetka Avenue. The sidewalk along Winnetka Avenue will extend
on each side of the driveway similar to other businesses. He stated the public
sidewalks will be reviewed by the city to ensure they are acceptable throughout the
redevelopment area.
Ms. Juanita Hoffe, 4632 Flag Avenue North, was recognized. She inquired whether
the planning commission recommended waiving review of the "final plan" or "final
plat", if drivethru signage was approved, and if all the property along Winnetka
(south of Bass Lake Road) is proposed to be re-zoned as commercial property.
Mr. Kirk McDonald, director of community development, responded that the
planning commission recommended waiving review of the "final plat", they did not
support approval of the drivethru signs, and the Winnetka area outside the
development is residentially zoned. He stated there are no existing proposals for the
property farther south on Winnetka.
Mr. Bill Tippmann, vice president of Bear Creek Capital of Cincinnati, Ohio, was
recognized. He indicated they are in agreement with staff's recommendations.
Councilmember Cassen introduced the following resolution and moved its
adoption: "RESOLUTION APPROVING PLANNING CASE 04-10,
REQUEST FOR PRELIMINARY PLAT, REZONING, SITE/BUILDING
PLAN REVIEW, SIGN VARIANCE/COMPREHENSIVE SIGN PLAN AND
ADMINISTRATIVE PERMITS FOR DRIVE-THROUGH FACILITIES
AND OUTDOOR DINING, 7901 BASS LAKE ROAD, BEAR CREEK
CAPITAL AND CVS PHARMACY, PETITIONERS." The motion for the
adoption of the foregoing resolution was seconded by Councilmember Gwin-
Lenth, and upon vote being taken thereon, the following voted in favor thereof:
Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the following voted against
the same: None; Abstained; None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
Mayor Collier introduced for discussion Item 10.1, Ordinance no. 04-06, an
ordinance amending the New Hope sign code regulating "for sale" and "for rent"
signs and penakies for sign code violations.
Mr. Kirk McDonald, director of community development, explained that the
ordinance amendment was prepared as a result of the discussion held at the April
19 work session.
He stated the ordinance amendment 1) revises the setback requirement to 10 feet
from the back of the curb (apphcable to entire structure of sign to prevent any sign
overhand on sidewalk); 2) requires "Gopher State One Call" to be contacted prior
May 10, 2004
ORDINANCE 04-06
Item 10.1
ARBOR MONTH
Item 10.2
RESOLUTION 04-100
Item 10.2
TOBACCO
COMPLIANCE
CHECKS
Item 12.1
MOTION
Item 12.1
LIQUOR
COMPLIANCE
to the digging of a posthole two feet in depth or greater; 3) incorporates the same
removal language for improperly placed real estate signs as used for other
temporary signs and modifies the removal language by deleting the storage
requirements (the council determined that this was to be a policy rather than part
of the ordinance); 4) addresses city liability issues; and 5) prohibits the location of
signs in the site triangle.
Councilmember Sommer introduced the following ordinance and moved its
adoption: "ORDINANCE NO. 04-06, AN ORDINANCE AMENDING THE
NEW HOPE SIGN CODE REGULATING "FOR SALE" AND "FOR
RENT" SIGNS AND PENALTIES FOR SIGN CODE VIOLATIONS." The
motion for the adoption of the foregoing ordinance was seconded by
Councilmember Andersen, and upon vote being taken thereon, the following voted
in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the
following voted against the same: None; Abstained: None; Absent: None;
whereupon the ordinance was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 10.2, Resolution proclaiming the
month of May, 2004, as Arbor Month in the city of New Hope.
Councilmember Sommer introduced the following resolution and moved its
adoption: "RESOLUTION PROCLAIMING THE MONTH OF MAY, 2004,
AS ARBOR MONTH IN THE CITY OF NEW HOPE." The motion for the
adoption of the foregoing resolution was seconded by Councilmember Gwin-
Lenth, and upon vote being taken thereon, the following voted in favor thereof:
Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the following voted against
the same: None; Abstained; None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
Mayor Collier introduced for discussion Item 12.1, Appearances by tobacco
licensees regarding consequences for failing compliance check.
Mr. Dan Donahue, city manager, explained that compliance checks were
conducted on Monday, April 12, by the police department. Two of the 24
establishments failed the compliance check. The licensees have been asked to
attend tonight's meeting. It is the first violation within 24 months at both
businesses.
The council individually called upon Mr. Jim Faulds (representing Super America,
6144 West Broadway) and Mohamed Omer (Dollar plus Grocery Store &
Tobacco, 4441 Winnetka). Both licensees admitted to the illegal sale allegations
Motion was made by Councilmember Gwin-Lenth, seconded by Councilmember
Cassen, to impose a $250 fine and 3-day suspension to Super America (6144
West Broadway). All present voted in favor. Motion carried.
Motion was made by Councilmember Cassen, seconded by Councilmember
Sommer, to impose a $250 fine and 3-day suspension to Dollar Plus Grocery
(4441 Winnetka). All present voted in favor. Motion carried.
Mayor Collier provided a "notice of violation" to each of the licensees.
Mayor Collier introduced for discussion Item 12.2, Appearance by liquor licensee
regarding consequences for failing compliance check.
New Hope City Council
Page 9
May 10, 2004
CHECKS
Item 12.2
MOTION
Item 12.2
ITEMS REMOVED
FROM CONSENT--
RESIGNATION OF
CINDY BARRICK
Item 6.5
RESOLUTION 04-101
Item 6.5
2004 CRACK REPAIR/
SEAL COAT PROJECT
Item 6.8
Mr. Dan Donahue, city manager, explained that compliance checks were
conducted on March 19, 2004, by the police department. One of the 13 businesses
failed the compliance checks. The licensee has been notified to attend tonight's
meeting. The police department offers all liquor license holders free traimng
relating to alcoholic beverages and prevention of underage sales.
Ms. Manisone Phommahaxay, representing Winnetka Liquors (3544 Winnetka
Avenue North), was recognized. She admitted to the violation and provided an
explanation regarding the circumstances of the sale. Ms. Phommahaxay stated she
was not scheduled to work on March 19 as she had her wisdom teeth extracted.
She explained that she had looked at the customer's driver's license but did not
calculate properly. Immediately after the sale she realized her error and attempted
to try to reverse the sale.
The council empathized with Ms. Phommahaxay, and consulted the city attomey
for legal advice regarding the ordinance and penalty structure. Mr. Gary Link,
police chief, confirmed that Ms. Phommahaxay's statement matches the police
report. Mr. Sondrall stated the city council has the right to amend the penalty due
to extenuating circumstances.
Councilmember Sommer stated a second offense frae is $1,500 plus a 3-day
suspension. Due to the circumstances, he recommended fining the licensee $750
with no suspension which is the established f'me for a first violation. He advised
the licensee that if another violation occurs within the 24 month period, the penalty
will be based on a third offense fmc which is $2,000 plus a 10-day suspension.
Motion was made by Councilmember Sommer, seconded by Councilmember
Gwin-Lenth, to impose a fine of $750 to Winnetka Liquors. All present voted in
favor. Motion carried.
Mayor Collier provided a "notice of violation" to Ms. Phommahaxay.
Mayor Collier introduced for discussion the consent items which were removed for
discussion, Item 6.5, Resolution accepting resignation of Cindy Barrick from the
New Hope Planning Commission and extending appreciation for her service.
Councilmember Cassen noted that Ms. Barrick served on the planmng commission
since August of 2001, and expressed the council's appreciation for her volunteer
service.
Councilmember Cassen introduced the following resolution and moved its
adoption: "RESOLUTION ACCEPTING RESIGNATION OF CINDY
BARRICK FROM THE NEW HOPE PLANNING COMMISSION AND
EXTENDING APPRECIATION FOR HER SERVICE." The motion for the
adoption of the foregoing resolution was seconded by Councilmember Sommer,
and upon vote being taken thereon, the following voted in favor thereof: Collier,
Andersen, Cassen, Gwin-Lenth, Sommer; and the following voted against the
same: None; Abstained; None; Absent: None; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
Mayor Collier introduced for discussion Item 6.8, Resolution ordering construction
of and awarding a contract for construction of the 2004 crack repair and seal coat
improvement project.
Councilmember Cassen questioned the inclusion of Sumter Avenue when it is
New Hope City Council
Page 10
May 10, 2004
RESOLUTION 04-102
Item 6.8
CITY
COMMUNICATIONS
Item 12.3
COMMUNICATIONS
Item 12.4
slated for removal as part of the redevelopment project.
Mr. Vince Vander Top, City Engineer, stated the map was reflective of the original
report provided by Good Pointe Technology. He confn'med that Sumter Avenue
will not be included in the crack repair/seal coat project. The bid is on a per umt
basis and removal of Sumter Avenue will result in less material and a lower cost to
the city. The low bidder was Pearson Brothers at a total bid price of $58,712.
Councilmember Cassen introduced the following resolution and moved its
adoption: "RESOLUTION ORDERING CONSTRUCTION OF AND
AWARDING A CONTRACT FOR CONSTRUCTION OF THE 2004
CRACK REPAIR AND SEAL COAT IMPROVEMENT PROJECT." The
motion for the adoption of the foregoing resolution was seconded by
Councilmember Sommer, and upon vote being taken thereon, the following voted
in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the
following voted against the same: None; Abstained; None; Absent: None;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
Mayor Collier introduced for discussion Item 12.3, Council input on city
communications.
The council reviewed the list of city communications provided by the
communications coordinator.
Mayor Collier introduced for discussion Item 12.4, Exchange of communication
between members of the city council.
Mayor Collier
Advised that council interviewed commission candidates prior to tonight's
council meeting. Recommended appointment of Melodie Hanson to the
Human Rights Commission and postponing a decision regarding Rev. David
Kent until after the planning commission vacancy is advertised.
· Entered into the record a petition submitted by residents of Angeline Drive
regarding the noise level from the property at 5000 Winnetka. Mayor Collier
asked the community development director to research the noise complaint.
· Reported that the Metropolitan Council Environmental Services is holding
infiltration and inflow information meetings on May 19, 20, and 26 in the
metro area
· Stated the North Metro Mayors Association is hosting its 2nd annual
community partners appreciation dinner on May 6 at 4:30 p.m. at the
Northland Inn
· Congratulated the police explorers on their 1st place award in Interview and
2nd · .
Interrogation and place award for Street Dec~slons at the MN Law
Enforcement Exploring Conference.
Councilmember Cassen
· Invited community to attend the Hidden Valley Park celebration on May 18
from 6 to 7 p.m.
· Reported that she and the city manager recently attended the school district
government advisory meeting.
Councilmember Sommer
· Noted the pool opens June 5 - encouraged residents to purchase pool passes
Councilmember Gwin-Lenth
· Expressed concern about recreational fn:es. She requested a report from the
fire inspector to determine the magnitude of the problem and suggested
educating the public by an "In the Pipeline" article.
New Hope City Council
Page 11
May 1 O, 2004
ADJOURNMENT
Councilmember Andersen
Commented that he recently met with the president of the Twin West
Chamber of Commerce and plans to become actively involved with the
Crystal/New Hope Business Council.
Manager Donahue
· Reminded council of a work session scheduled for May 17, 2004
Motion was made by Councilmember Sommer, seconded by Councilmember
Cassen, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 10:14 p.m.
Re.~pectfully submitted,
Valerie Leone
City Clerk
New Hope City Council
Page 12
May 10, 2004
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
EDA Minutes
Regular Meeting
April 26, 2004
City Hall
CALL TO ORDER
ROLL CALL
APPROVE MINUTES
IMP. PROJECT 733
Item 4
EDA RESOLUTION
04-15
Item 4
EDA Meeting
Page 1
President Collier called the meeting of the Economic Development Authority to
order at 8:34 p.m.
Present:
Don Collier, President
Doug Andersen, Commissioner
Sharon Cassen, Commissioner
Mary Gwin-Lenth, Commissioner
Steve Sommer, Commissioner
Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner
Sommer, to approve the Regular Meeting Minutes of March 22, 2004. All
present voted in favor. Motion carried.
President Collier introduced for discussion Item 4, Resolution modifying the
restated redevelopment plan and tax increment financing plans for redevelopment
project no. 1 and tax increment financing districts nos. 80-2, 81-1, 82-1, 85-1, 85-2,
86-1, 02-1, and 03-1 (special law); creating tax increment financing district no. 04-1
(special law) and adopting a tax increment financing plan relating thereto
(improvement project no. 733).
Mr. Kirk McDonald, director of community development, stated staff and
consultants are recommending that the EDA adopt the resolution to modify the
redevelopment plan and create tax increment financing district 04-1 for the 5620
Winnetka Avenue property. He stated EDA item 5 relates to the private
redevelopment of this site by Armory Development II, LLC. Mr. McDonald noted
that the project will generate additional revenue for the city through increased
property taxes.
Mr. Jim Casserly, Krass Monroe, was recognized. Mr. Casserly explained the
resolution before the EDA. He noted the project is straight forward because it
involves only one property and the developer has site control. The proposed
development by Armory Development II, LLC includes the construction of 44
townhomes in 2004 and 2005 with an average selling price of $225,000 each. Upon
completion of the project it is anticipated that the project will increase the city's tax
base by approximately $9 million. Due to extensive land acquisition, costs, site
improvement and preparation costs, sidewalk and street improvements and the
installation of utilities, the redeveloper is requesting tax increment financing
assistance. Without such assistance, the project would not be economically feasible.
He stated the EDA is recommending that the city council establish TIF district 04-1.
He clarified that the public hearing is being held by the city council rather than the
EDA body.
Commissioner Sommer introduced the following resolution and moved its adoption
"RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT
PLAN AND TAX INCREMENT FINANCING PLANS FOR
REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT
FINANCING DISTRICTS NOS. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, AND
April 26, 2004
IMP PROJECT 733
Item 5
EDA RESOLUTION
04-16
Item 5
ADJOURNMENT
03-1 (SPECIAL LAW); CREATING TAX INCREMENT FINANCING
DISTRICT NO. 04-1 (SPECIAL LAW) AND ADOPTING A TAX
INCREMENT FINANCING PLAN RELATING THERETO
(IMPROVEMENT PROJECT NO. 733)." The motion for the adoption of the
foregoing resolution was seconded by Commissioner Andersen, and upon vote
being taken thereon, the following voted in favor thereof: Collier, Andersen,
Cassen, Gwin-Lenth, Sommer, and the following voted against the same: None;
Abstained: None; Absent: None; whereupon the resolution was declared duly
passed and adopted, signed by the president which was attested to by the executive
director.
The EDA meeting was suspended at 8:44 p.m. to conclude city council Item 7.2.
The EDA meeting reconvened at 8:48 p.m.
President Collier introduced for discussion Item 5, Resolution authorizing execution
and delivery of a contract for private redevelopment by and between the New Hope
Economic Development Authority and Armory Development II, LLC for the
redevelopment of the former Frank's Nursery property, 5620 Winnetka
(improvement project no. 733).
Mr. Jim Casserly introduced Gay Greiter and stated she is the attorney at Krass
Monroe who was instrumental in drafting the development agreement. The EDA
thanked Mr. Casserly and Ms. Greiter for their assistance.
Commissioner Sommer introduced the following resolution and moved its adoption
"RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A
CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN
THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND
ARMORY DEVELOPMENT II, LLC FOR THE REDEVELOPMENT OF
THE FORMER FRANK'S NURSERY PROPERTY (IMPROVEMENT
PROJECT NO. 733)." The motion for the adoption of the foregoing resolution
was seconded by Commissioner Gwin-Lenth, and upon vote being taken thereon,
the following voted in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth,
Sommer, and the following voted against the same: None; Abstained: None;
Absent: None; whereupon the resolution was declared duly passed and adopted~
signed by the president which was attested to by the executive director.
Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner
Andersen, to adjourn the meeting. All present voted in favor. Motion carried. The
New Hope EDA adjourned at 8:50 p.m.
Regpectfully submi~ed,
Valerie Leone
City Clerk
EDA Meeting
Page 2
April 26, 2004
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
EDA Minutes
Regular Meeting
May 10, 2004
City Hall
CALL TO ORDER
ROLL CALL
APPROVE MINUTES
IMP. PROJECT 724
Item 4
EDA RESOLUTION
04-17
Item 4
EDA Meeting
Page 1
President Collier called the meeting of the Economic Development Authority to
order at 7:39 p.m.
Present:
Don Collier, President
Doug Andersen, Commissioner
Sharon Cassen, Commissioner
Mary Gwin-Lenth, Commissioner
Steve Sommer, Commissioner
Motion was made by Commissioner Andersen, seconded by Commissioner
Sommer, to approve the Regular Meeting Minutes of April 26, 2004. All present
voted in favor. Motion carried.
President Collier introduced for discussion Item 4, Resolution modifying the
restated redevelopment plan for redevelopment plan no. 1 and the tax increment
financing plans for tax increment financing districts nos. 80-2, 81-1, 82-1, 85-1, 85-
2, 86-1, 02-1, 03-1 (special law) and 04-1 (special law) (improvement project no.
724).
Mr. Steve Sondrall, city attorney, clarified that the EDA will make a
recommendation to the city council regarding the amendment to the TIF District.
Then the EDA should suspend its meeting and return to the public hearing (Item
7.1) being conducted by the city council.
Mr. Kirk McDonald, director of community development, stated the resolution has
been prepared by Krass Monroe, the city's redevelopment financial consultant.
Approval of the resolution will modify the East Winnetka Tax Increment Financing
District to include 5519 Sumter Avenue North.
He reported that proper notifications of the public hearing were mailed to the
appropriate jurisdictions including Helmepin County and School District 281. He
stated the Hannepin County Board of Commissioners submitted a memorandum
dated April 30, 2004, in support of the amendment and requested that their response
be entered into the public hearing record.
The EDA expressed support of the amendment to the TIF District.
Commissioner Sommer introduced the following resolution and moved its adoption
"RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT
PLAN FOR REDEVELOPMENT PLAN NO. 1 AND THE TAX
INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING
DISTRICTS NOS. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (SPECIAL
LAW) AND 04-1 (SPECIAL LAW) (IMPROVEMENT PROJECT NO. 724)."
The motion for the adoption of the foregoing resolution was seconded by
Commissioner Cassen, and upon vote being taken thereon, the following voted in
favor thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer, and the following
voted against the same: None; Abstained: None; Absent: None; whereupon the
resolution was declared duly passed and adopted, signed by the president which was
May 10, 2004
IMP PROJECT 723
Item 5
MOTION/
Item 5
IMP PROJECT 749
Item 6
EDA Meeting
Page 2
attested to by the executive director.
The EDA meeting was suspended at 7:45 p.m. to conduct the public hearing (Item
7.1). The EDA meeting was reconvened at 10:141 p.m.
President Collier introduced for discussion Item 5, Discussion regarding 7615 Bass
Lake Road (New Hope Alano) gap request and motion directing staff to proceed
with preliminary loan terms (improvement project no. 723).
Mr. Kirk McDonald, director of community development, reported that Alano has
come to a verbal agreement with AC Carlson to purchase the building located at
7550 Bass Lake Road, but additional financing is required for acquisition and
remodeling. Staff is seeking authorization to review the proposal in greater detail to
determine if the city's business subsidy loan program is appropriate for this
application. He stated the financing request would be in the form of a low interest
loan. The loan agreement would be prepared for consideration at a future EDA
meeting.
Mr. McDonald reported that Alano has visited the site and is very interested in the
building due to its close proximity to Alano's present site. He stated the parking
requirements may have to be increased from 43 spaces to 53 spaces.
Mr. Steve Sondrall, city attorney, pointed out the reason behind the request is due to
the fact that the city is acquiring the Alano site for the Winnetka Green development
project.
Mr. Fred Boyes, New Hope Alano Group, reported that the 7550 Bass Lake Road
property is ideal. He stated they have a verbal agreement with AC Carlson to
purchase the property for substantially less than its value. Mr. Boyes and the EDA
expressed gratitude to AC Carlson for being a good neighbor.
Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner
Andersen, to direct staff to proceed with preparation of a low-interest loan for
the New Hope Alano Group. All present voted in favor. Motion carried.
President Collier introduced for discussion Item 6, Resolution authorizing approval
of a term sheet between the New Hope Economic Development Authority and
Project for Pride in Living, Inc. for the redevelopment of 5501 Boone Avenue North
(improvement project no. 749).
Mr. Kirk McDonald, director of community development, clarified that a majority
vote rather than a 4/5's vote will be needed on the future rezoning request for the
5500 Boone property.
President Collier inquired of the length of time that the 5501 Boone property has
been off the tax rolls. Mr. Donahue, city manager, reported that it has been at least
ten years.
Commissioner Sommer indicated he does not believe the housing proposal is right
for New Hope and that it is not a good investment for the city. He referred to past
housing studies that reveal there is not a need for more low income, affordable, or
rental housing. He stated his intent to vote against the project.
President Collier and Commissioners Andersen, Cassen, and Gwin-Lenth,
expressed support for the project. Reasons cited included redevelopment of a tax-
exempt property requiring soil correction, replacement of rental housing that may be
demolished, affordable units for empty nesters, wide range of housing choices, a
profit of 2.1 million dollars over 25 years, and PPL's favorable track record with the
Bass Lake Road project.
.May 10, 2004
EDA RESOLUTION
04-18
Item 6
Commissioner Gwin-Lenth introduced the following resolution and moved its
adoption "RESOLUTION AUTHORIZING APPROVAL OF A TERM SHEET
BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY
AND PROJECT FOR PRIDE IN LIVING, INC. FOR THE
REDEVELOPMENT OF 5501 BOONE AVENUE NORTH (IMPROVEMENT
PROJECT NO. 749)." The motion for the adoption of the foregoing resolution
was seconded by Commissioner Cassen, and upon vote being taken thereon, the
following voted in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth; and the
following voted against the same: Sommer; Abstained: None; Absent: None;
whereupon the resolution was declared duly passed and adopted, signed by the
president which was attested to by the executive director.
IMP PROJECT 665
Item 7
President Collier introduced for discussion Item 7, Resolution approving exclusive
representation agreement (retail site development services/sale of Electronic
Industries site property (improvement project no. 665).
Mr. Ken Doresky, community development specialist, reported that in January the
city was notified by the Culver's Restaurant developer that that approval of the New
Hope location was rescinded due to a franchisee complaint concerning proximity to
their restaurant in Brooklyn Center. The city was informed that the corporate
franchise proximity rules were changed based upon this complaint. Throughout the
late winter and spring, staff continued to work with the developer to eXhaust all
options with Culver's corporate office and an additional restaurant possibility for
the site. The developer has exhausted all their resources to locate a restaurant on the
site and is requesting that the purchase agreement be canceled and their $1,000
escrow deposit be returned. The city attorney will prepare a cancellation agreement.
The office condominium developer is still on board and is willing to cooperate with
the city until a use for the vacant portion of the site is secured.
He stated a marketing agreement was submitted for consideration from Dexter
Marston, Retail Site Development Services, the same broker that previously
represented Culver's Restaurant and is currently still representing the office
condominium developer. The agreement was revised by the city attorney. It is
essentially the same arrangement as the former one (the city will net $380,000, less
estimated closing costs and recording fees of $1,000 - $2,000 and provide the
broker with at least $20,000). Culver's would have paid the broker $20,000 under
the original arrangement. He noted if the property is sold for more than the listed
price of $460,000, the city will make a higher profit.
Due to the number of redevelopment activities managed by the community
development department, staff recommends that marketing of the property be
undertaken by a professional broker. With this agreement, the city will have the
right to accept and reject potential buyers in its sole discretion. The broker is aware
of the city's desire to obtain a quality restaurant at the site.
Mr. Dexter Marsden, Retail Site Development Services, was recognized. He
reviewed his letter dated May 10, 2004, and explained the definitions of various
restaurant classifications (fast food, quick serve, quick casual, casual dining,
freestanding restaurant, and in-line restaurant). He stated the property is best suited
for a quick casual dining concept and will be marketed for such.
EDA RESOLUTION
04-19
Item 7
EDA Meeting
Page 3
The EDA expressed support for the marketing direction presented by Mr. Marsden.
Commissioner Sommer introduced the following resolution and moved its adoption
"RESOLUTION APPROVING EXCLUSIVE REPRESENTATION
AGREEMENT (RETAIL SITE DEVELOPMENT SERVICES/SALE OF
ELECTRONIC INDUSTRIES SITE PROPERTY (IMPROVEMENT
PROJECT NO. 665)." The motion for the adoption of the foregoing resolution
was seconded by Commissioner Andersen, and upon vote being taken thereon, the
May 10, 2004
IMP PROJECT 714
Item 8
EDA RESOLUTION
04-20
Item 8
ADJOURNMENT
following voted in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer~
and the following voted against the same: None; Abstained: None; Absent: None;
whereupon the resolution was declared duly passed and adopted, signed by the
president which was attested to by the executive director.
President Collier introduced for discussion Item 8, Resolution approving purchase
agreement and relocation benefits 5434 Winnetka Avenue North (improvement
project no. 714).
Mr. Ken Doresky, community development specialist, stated the property located at
5434 Winnetka Avenue North is the final property to be acquired for phase I of the
east Winnetka redevelopment.
Commissioner Sommer introduced the following resolution and moved its adoption
"RESOLUTION APPROVING PURCHASE AGREEMENT AND
RELOCATION BENEFITS 5434 WINNETKA AVENUE NORTH
(IMPROVEMENT PROJECT NO. 714)." The motion for the adoption of the
foregoing resolution was seconded by Commissioner Gwin-Lenth, and upon vote
being taken thereon, the following voted in favor thereof: Collier, Andersen,
Cassen, Gwin-Lenth, Sommer, and the following voted against the same: None;
Abstained: None; Absent: None; whereupon the resolution was declared duly
passed and adopted, signed by the president which was attested to by the executive
director.
Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner
Andersen, to adjourn the meeting. All present voted in favor. Motion carried. The
New Hope EDA adjourned at 11:05 p.m.
~pectfully ~.ed,
Valerie Leone
City Clerk
EDA Meeting
Page 4
.May 10, 2004