060104 planning
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 1, 2004
City Hall, 7:00 p.m.
CALL TO ORDERThe 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: Anderson, Brauch, Buggy, Hemken, Landy, O’Brien, Oelkers,
Svendsen
Absent: None
Also Present: Kirk McDonald, Director of Community Development, Doug
Debner, Assistant City Attorney, Alan Brixius, Planning
Consultant, Vince Vander Top, City Engineer, Pamela
Sylvester, Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC04-03 Chairman Svendsen introduced for discussion Item 4.1, Request for
preliminary plat approval for property to be known as Hillside Terrace, 35th
Item 4.1
and Ensign avenues, Alan Chazin Homes, Inc., Petitioner.
Mr. Kirk McDonald, director of community development, stated that the
Parish Community of St. Joseph received approval in 2003 for a
conditional use permit and preliminary plat for the purpose of expanding its
church structure with a new sanctuary and an eventual residential
development on the proposed outlot. The final plat was approved by the
City Council on June 23, 2003. Construction of the church addition began
in September and is currently in process. The church solicited proposals
from developers for the residential development of the outlot in December
and staff has coordinated with the current applicant since that time. The
developer conducted a neighborhood meeting without city involvement.
Staff felt this was a good idea to present the plan to the neighbors prior to
the planning commission meeting. McDonald stated that the applicant had
not formally requested waiver of the final plat by the Planning Commission,
however, felt that was their intention. The closing on the property was
scheduled for July 1, therefore, if they request and the Planning
Commission does waive the final plat review, it would be possible that the
City Council could review the final plat at its June 28 meeting.
Mr. Alan Brixius, planning consultant, explained that the petitioner, Alan
Chazin Homes, was requesting a seven-lot subdivision to be titled Hillside
Terrace. The application was for subdivision and platting and the zoning is
R-1, single family residential. The location of the property is approximately
160 feet east of Ensign Avenue along 35th Avenue. The proposed site
contains 2.4 acres in total area. The street access would be from 35th
Avenue into a cul-de-sac. Single-family homes are located to the west and
north of the site. Sonnesyn Elementary School is located to the south of
the site and St. Joseph Church to the east. This outlot was created with the
subdivision of St. Joseph’s parcel, which created an 8.9 acre lot for the
church, and the 2.4 acre outlot with the intention of subdividing the outlot
for a single family residential development. The property is zoned R-1 and
the purpose of the R-1 district is to allow for low-density, single family
detached homes. The R-1 District requires a 9,500 square foot lot area and
75-foot lot width. All lots meet or exceed that requirement. The smallest lot
would contain 9,821 square feet and the largest would contain 18,528
square feet. All setback requirements would be met.
The Development Team met to review the plat 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.
The Design and Review Committee met with the petitioner on May 13 and
indicated it was supportive of the request. The same issues were discussed
with the petitioner as listed above.
The standard street width is 60 feet with right of way and a 45-foot cul-de-
sac radius is shown, therefore, the 35th Avenue extension is compliant.
Sanitary sewer would be extended through the property from 35th Avenue.
The water main extension would be extended between Lots 4 and 5 from
the church site and looped with 35th Avenue. Storm water drainage would
be directed to the regional storm water pond on the church site. Grading
and drainage of the site raised several issues from a planning perspective.
The building pads and the type of units being proposed, look-out and walk-
out units, dictates the grading and drainage of the site. The site currently is
heavily wooded, however, few significant trees exist on the property. The
proposed grading plan would result in nearly a total clear cutting of the site.
There are some areas of preservation along the north property line and a
small area in the southwest corner. The look-out design on Lot 1 would
require two retaining walls, which would be tiered so neither wall would
exceed four feet in height. Wall details should be provided for city
approval. The walls would complicate access to the northwest corner of Lot
1 for yard maintenance.
Drainage swales run through the backyards of some of the properties
restricting use of those areas. The swales should fall within a drainage and
utility easement so they would be preserved in their design intent. The
grading plan indicated grading would extend across the property line on the
south into the school district property. This could only occur with an
easement and permission from the school district.
Brixius noted that a tree preservation area was shown along the north
property line. This strip of vegetation is approximately six to 10 feet in
width and extends onto adjacent properties. No narrative was received
explaining tree preservation measures or whether the trees were worth
saving. The developer should identify the type, size, and species of the
trees and shrubs to be saved in the preservation areas. A description of the
efforts to be implemented during the grading, such as no filling or grading
within the drip lines of trees or significant vegetation, and fencing details
should be submitted. The applicant’s vegetation plan proposed the
installation of 19 Black Hills spruce along the south property line. Half of
those trees would be located south of the property line on school district
property and should be relocated within the plat. The trees are identified as
3.5 feet in height and staff recommends the plantings be a minimum of six
to eight feet in height to screen the homes from the school district site.
Brixius indicated that the New Hope Code requires at least one tree,
minimum two inch in diameter, per lot in a subdivision.
Brixius stated that the proposed plat was consistent with all zoning and
subdivision requirements.
Mr. Vince Vander Top, city engineer, stated that the revised plans
addressed the comments raised at the Design and Review meeting with
regard to utilities. The regional pond would be constructed behind St.
Joseph’s Church. Some of the preliminary work began last fall on the pond.
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Planning Commission Meeting June 1, 2004
The City Council discussed constructing a storm sewer through the ravine,
which was completed. An outlet structure was constructed for the pond and
a sediment area for the pond was constructed. The full pond has not yet
been completed. With the grading of the development, additional material
would be required. The developer could use some borrow material from the
regional pond area to balance and complete the site. If there are poor soils
in the area of the building pads of the homes, that poor material could be
exchanged for better material in the pond area. From an overall storm
water standpoint, the storm sewer from Hidden Valley Park would drain into
the pond. Runoff from St. Joseph’s Church would drain into the pond as
well as water from 35th and Ensign avenues. The existing runoff at 35th
and Ensign avenues is captured in a storm sewer and is routed toward 36th
Avenue. The Surface Water Management Plan indicated that the water at
35th and Ensign avenues would eventually be intercepted and routed
through the pond for additional water quality treatment prior to the water
proceeding to Northwood Lake. This strategy was discussed when Hidden
Valley Park was improved. It was not accomplished at that time, due to the
fact that the church anticipated selling the outlot, and wanted to coordinate
its storm water drainage with the new development. The storm sewer would
be routed through the cul-de-sac and between Lots 4 and 5 and into the
pond. There would also be catch basins that would pick up the drainage
from the cul-de-sac, as well as a storm sewer between Lots 6 and 7 to the
south property line. Vander Top suggested that a catch basin be installed at
the south property line and the flared end be extended farther south so the
natural drainage from the ballfields at Hidden Valley Park be directed
toward the storm sewer for distribution to the pond. In the event the storm
sewer cannot take the water from the ballfields, a swale graded along the
back yards of Lots 5 and 6 would direct the overflow to the pond. That
swale would be covered by a drainage and utility easement. The developer
shifted the swale closer to the property line at the suggested of the Design
and Review Committee. The swale on the north side of the development
has been moved as close to the property line as feasible and is covered by
a drainage and utility easement. The retaining wall on Lot 1 was modified
at the city’s suggestion. Vander Top commented that the grading of the
property would need to be monitored carefully for impacts on the wetland
to the east. Normally developments are required to construct a NURP
pond, however, the regional pond would meet that requirement. This
development, like St. Joseph Church, will contribute a cash fee toward the
construction of the pond.
Vander Top explained that when St. Joseph Church constructed its
improvements last fall and the city did the storm sewer improvement in the
ravine, the city also extended the water main from Boone Avenue along
the property line to the southeast corner of the outlot. The water main
would now be extended through the development into the cul-de-sac and
connected to the water main at 35th and Ensign. This water main would
serve the development and with the additional loop connection to Boone
Avenue, it should help to stabilize water pressure in these neighborhoods.
Sanitary sewer would be extended from the intersection back to the cul-de-
sac. Lots 3, 4 and 5 would have basements just over the minimum invert
elevation of the sewer. Vander Top indicated city staff felt that
arrangement would be feasible. The sewer service would need to be
sleeved through the foundation of those homes.
Vander Top explained that this regional pond was part of Bassett Creek
Watershed. As part of Bassett Creek’s Second Generation Plan, a list of
improvements was identified. Those capital improvement projects would be
funded via Bassett Creek through fees that are paid to the city and Bassett
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Planning Commission Meeting June 1, 2004
Creek. Funding cannot be received until the Second Generation Plan is
approved. The city cannot receive funding for the ponds that were built in
Hidden Valley Park two years ago because they are already completed.
The city would not construct this pond until the Second Generation Plan is
approved, which may be in August or September of this year. The city has
discussed with the developer the possibility of leaving Lot 4 open so that
this fall, after the plan is approved, the city could utilize Lot 4 for access to
the pond and complete the improvements. The city will discuss with the
Watershed the fact that the developer may utilize some materials from the
pond, which would be made clear to the Watershed was not part of the
construction of the pond. The applicant would be submitting plans to the
Watershed for review and approval at its June meeting. The city would
coordinate with the sequencing of work on the construction of the pond and
the city’s reimbursement for costs.
Chairman Svendsen questioned what would happen with the drainage ditch
for the properties on Decatur Court. Vander Top replied that the ravine
would stay in place. Any drainage that flows to the ravine would be picked
up by a flared end structure at 36th Avenue. As part of the improvements
in the ravine, a six-inch PVC was installed so some of the water would
trickle out of the PVC to continually flow through the ravine to keep it wet.
This was part of the mitigation results of the storm sewer to insure the
ravine remains natural, wet, and in a wetland type of state. It is being
restored to that state based on feedback from the residents and also from
an environmental standpoint.
Mr. Brixius stated that staff reviewed the plans and found them to be
consistent with the subdivision regulations for the R-1 zoning. Staff
recommends approval subject to the conditions in the planning report.
Mr. Alan Chazin, 11685 Cedar Pass, Minnetonka, came forward to address
the Commission. He stated they were happy to present this exciting
proposal to the city of New Hope. He indicated that with regard to the tree
preservation line shown on the plans, a fence would be installed and there
would be no grading past that line. He stated they could identify the
plantings in that area, and reiterated nothing would be disturbed there.
Chazin stated that most of the comments from the neighborhood meeting
dealt with the regional pond, the timing, activity, construction, noise, trucks,
etc. Approximately 12 people attended the meeting.
Chairman Svendsen inquired whether the developer was requesting that
the Planning Commission waive review of the final plat and the response
was in the affirmative.
Commissioner Landy questioned whether the developer could realistically
suggest sales prices of $600,000 to $800,000 for each home. Mr. Chazin
stated his company does a lot of infill developments with new construction.
The lot prices are approximately $150,000 to $175,000 plus new home
construction costs of $130 to $160 per square foot. Many new homes today
contain up to 3,000 square feet with a triple car garage, and higher end
construction materials, such as granite.
Commissioner Anderson clarified that the developer was in agreement with
the city engineer’s memorandum and recommendations as outlined in the
May 13 and 26 memorandums. Mr. Chazin replied that if they received
permission from the school district to accomplish some grading on the
school property, they may also receive permission to place some trees on
that site. McDonald interjected that a copy of the staff report had been sent
to the school district. Chazin indicated he would contact the school district
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Planning Commission Meeting June 1, 2004
to discuss the grading and trees.
Commissioner Hemken wondered who would be determining what trees
should be preserved in those specific areas. Mr. Brixius stated that the tree
preservation area would be defined by the developer’s grading plan. Any
vegetation would be maintained if it were deemed significant. Due to the
relocation of the swales, the tree preservation areas were diminished from
the original plans. It may be better to have a manicured lawn from the
beginning rather than try to preserve some existing trees. Generally, the
city requires a written plan to indicate the tree preservation areas. Once the
city receives a plan indicating the types and sizes of the plantings, a better
determination can be made. Discussion ensued on the possible types of
vegetation in the area and what could be retained and what could be
removed. Mr. Chazin stated that with this high value of home, typically,
landscaping and trees are included.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motionsecondedto
by Commissioner Landy, by Commissioner Hemken,
close the Public Hearing
on Planning Case 04-03. All voted in favor.
Motion carried.
Commissioner Oelkers stated that he has had a professional relationship
with Alan Chazin Homes in the past. He also stated that after working with
Mr. Chazin in a professional manner, everything he built was first class.
Commissioner Landy concurred. Oelkers stated there were many homes in
New Hope built by Mr. Chazin’s father.
Chairman Svendsen questioned the request for six-foot trees on the school
district property line and whether the taller trees would make an impact to
screen the ballfields from the bottom of the swale. Brixius stated that when
the natural vegetation was removed, there would be full exposure to the
athletic fields. If Mr. Chazin can work out an arrangement with the school
district to take ownership and maintain the plantings on that property, the
city would not object. The city was looking to add some vegetation back
and provide a screening from the ballfields.
MOTION Motionsecondedto
by Commissioner Landy, by Commissioner Oelkers,
Item 4.1 approve Planning Case 04-03, Request for preliminary plat approval
for property to be known as Hillside Terrace, 35th and Ensign
avenues, Alan Chazin Homes, Inc., Petitioner, 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 waive review of final plat.
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.
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Planning Commission Meeting June 1, 2004
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.
Mr. Doug Debner, assistant city attorney, noted that a prior professional
relationship with an applicant did not require a commissioner to abstain
from voting.
Voting in favor:
Anderson, Brauch, Buggy, Hemken, Landy, O’Brien,
Oelkers, Svendsen
Voting against:
None
Absent:
None
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on June 14 and asked the petitioner to be in attendance.
Design and Review Svendsen reported that the Design and Review Committee met with the
petitioners in May. McDonald added that Master Transfer would be bringing
Committee
in revised plans for the July meeting, due to the fact that their application
Item 5.1
was not complete for the June meeting, and that PPL would be submitting
plans for an apartment/ condominium project. Staff was scheduled to meet
this week with four residential property owners requesting variances. The
Committee would meet on June 17 at 7:30 a.m.
Codes and Standards Hemken reported that the Codes and Standards Committee met on May 19
to discuss the transit shelters, temporary tent structures, and the side yard
Committee
setback for garages with living space above. McDonald added that the
Item 5.2
Committee also discussed another ordinance with a number of minor
amendments that would be brought to the Commission in July. The next
meeting was scheduled for June 23. McDonald reported that the
Committee would be discussing the all night computer game operation at
Winnetka Center. A new trend was for kids to buy a membership and
compete in teams with kids all over the country on computer games. The
current ordinance does not allow this type of all night operation. Staff,
including the police chief, and consultants met with the owner and would be
recommending to Codes and Standards to allow the use with an
administrative special use permit.
Oelkers initiated additional discussion on the five-foot setback for living
space above garages. McDonald indicated that the issue would be
discussed further at Codes and Standards and then brought to the full
Commission for discussion.
McDonald pointed out that the July Planning Commission meeting would
be held on the second Tuesday, July 13, due to the holiday the first week
of the month.
OLD BUSINESS Commissioner Landy questioned when construction would begin on the
Sinclair station on Medicine Lake Road. McDonald stated that they would
Miscellaneous Issues
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Planning Commission Meeting June 1, 2004
be starting construction soon. Originally, they planned on a two-phase
process, and after approvals by the Planning Commission and Council last
year, determined they would do all the demolition and construction this
summer.
Discussion ensued on the 42nd and Quebec site. McDonald stated that
Culvers backed out of the project. The site had now been turned over to a
marketer to find a dining establishment(s) to complete the site. The City
Council approved an office/condominium project for the east portion of the
lot.
Commissioner Buggy stressed that he felt the lights at the Shell station on
36th Avenue and Highway 169 were still too bright. McDonald stated he
would have the building official check into this again.
Commissioner Oelkers wondered whether any progress had been made on
the Mid America Financial Plaza matter. McDonald stated that the
residents had contacted the city clerk regarding obtaining information from
the city. One resident contacted city staff regarding information on fence
height.
McDonald added that Mid America had contacted city staff with regard to a
parking lot expansion on the eastern portion of the property. Any significant
change may need an amendment to the existing conditional use permit.
Commissioner Landy commented that he never felt pressured to vote in
any particular manner as was indicated in a letter received from a former
commissioner.
McDonald reported that the Winnetka Townhome development contained
two components, the architect/developer and the financer. The financer
was the component that the city struck a development agreement with
based on the plans presented. The developer now wished to sell the same
development to another financer. The City Council would need to approve
a reassignment of the development agreement to a new financial party.
NEW BUSINESSMotionseconded
was made by Commissioner Landy, by Commissioner
to approve the Planning Commission minutes of April 20 and
Brauch,
May 4, 2004.
All voted in favor. Motion carried.
City Council/EDA minutes were reviewed.
ANNOUNCEMENTSChairman Svendsen mentioned that Ken Doresky, community
development specialist, would be moving on to the Minnesota Housing
Finance Agency, and wished him well.
McDonald stated that the city was recruiting for the empty seat on the
Commission.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:56
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
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Planning Commission Meeting June 1, 2004