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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. 2 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 3 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 4 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. 5 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 6 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 7 Planning Commission Meeting June 1, 2004