071304 planning
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES July 13, 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.
OATH OF OFFICE The Oath of Office was administered by Kirk McDonald to Mr. Jeffrey
Houle and the Commission welcomed him.
ROLL CALL Present: Brauch, Buggy, Hemken, Houle, Landy, O’Brien, Oelkers,
Svendsen
Absent: Anderson
Also Present: Kirk McDonald, Director of Community Development, Steve
Sondrall, City Attorney, Alan Brixius, Planning Consultant,
Vince Vander Top, City Engineer, Amy Baldwin,
Community Development Assistant, Pamela Sylvester,
Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC04-16 and PC04-08 Chairman Svendsen introduced for discussion Item 5.1, Request for text
amendment (Ordinance No. 04-08, An ordinance amending New Hope
Item 5.1
Code Section 8-9 by establishing a special event permit for computer
gaming centers), 4311 Winnetka Avenue North, LAN Game Centers and
Kensington Cottages Corporation, IA, Petitioners.
Mr. Kirk McDonald, director of community development, stated that Mr.
Doug Peterson opened a business in New Hope called LAN Game Centers
at 4311 Winnetka Avenue in Winnetka Center. Mr. Peterson was
requesting a text amendment to establish a special event permit for
computer gaming centers which would allow businesses to remain open
all night a couple nights per month. This request was brought to the
Planning Commission due to the request for extended hours of operation
for the business. The ordinance amendment adds language requiring a
license for computer games technology and includes a new special events
permit exclusive for computer gaming center to operate between the
hours of 1 and 6 a.m. once a week on the condition that the business
obtain a special events permit. McDonald noted that the current
ordinance prohibits recreational businesses from being open between 1
and 6 a.m. The ordinance defines computer gaming centers as containing
only computer games or computer technology connected to the Internet
to permit computer gaming with other players on a worldwide basis.
McDonald explained that the main changes to Section 8-9 were listed
under hours of operation. Permits would be issued annually and would
permit special events on a weekly basis, with 72-hours notice to the police
chief and city manager, and would be limited to participation by players
at least 18 years of age or older. Players would need to be in the center
prior to 1 a.m. on the day of the event and at least one employee would be
on site during the event. The fee for the special events permit would be
$500 annually.
LAN Game Centers opened in December 2003 and offers customers the
opportunity to play computer games with other gamers throughout the
world via the Internet. LAN Games offers gaming leagues, tournaments
and hosts special events, such as birthday parties. Staff, including the
police chief, building official, and fire inspector, met with the applicant to
discuss the operation of the business. The Codes and Standards
Committee also reviewed this ordinance amendment and the petitioner
attended the meeting in June. Currently LAN Games is open from 2 p.m.
to 12 a.m. Sunday through Thursday and 2 p.m. to 1 a.m. on Friday and
Saturday.
Mr. Doug Peterson, 4342 Adair Avenue North, Crystal, came forward to
address the Commission. He indicated that the age range is from high
school to about 30 years of age. The customers come to the business and
quietly play computer games. LAN stands for Local Area Network. There
are tens of thousands of centers in Asia and Europe and thousands on the
west coast and in the south. This is not an arcade. Mr. Peterson explained
how teams of players play against each other in other parts of the country
and world. The computers are programmed so that players can only play
games and cannot access any other Internet sites. Mr. Peterson indicated
that in the future they might offer computer training, as the computers are
not utilized prior to 2 p.m. daily.
Discussion ensued on the hours of operation and the fact that once a
customer leaves during one of the special events, the customer cannot
reenter the facility. Outside lighting at the shopping center is adequate for
safety reasons. The facility is smoking and alcohol free. Anyone desiring
to smoke would need to go outside at the back of the facility. The manager
on duty is stationed by the front door and can see all of the computer
stations and the back door. The business sells pop and candy; there is an
occasional pizza delivery.
The city attorney, Steve Sondrall, added that during the discussion at the
Codes and Standards Committee meeting, the point was made that the
smoking area would need to somehow be an extension of the building so
customers would not be “leaving” the building to smoke. In that way,
none of Mr. Peterson’s customers could be accused of any mishaps in the
area.
Mr. Peterson indicated that the special events would almost always be on
a Friday night approximately two times per month.
Commissioner Brauch initiated discussion on whether this might establish
precedent and what impact it might have. Mr. Sondrall stated that the
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Planning Commission Meeting July 13, 2004
ordinance was drafted in a way that it would not set a precedent and it
would not permit arcades, pool halls, or bowling alleys, etc. to be open for
a special event. Mr. Peterson’s operation would not be open to the public
between 1 and 6 a.m. This would be considered a private event. One way
to distinguish this event from a YMCA lock-in or a request by a pool hall
or bowling alley for a special event is by determining that the customers
are on the Internet playing worldwide against various LAN teams. A
person cannot play pool or bowl with someone off site. The computer
gaming centers are unique in this way and can be set apart from other
establishments. The LAN parties are limited to players only, not
observers, plus one or two staff people.
Commissioner Houle initiated discussion on whether or not the special
event permit could be denied if there was a problem with the business.
McDonald added that this would probably be reviewed by the City
Council the same as other business licenses. Mr. Sondrall interjected that
the business was subject to all the rules and regulations in the code and if
those rules were violated the business could be subject to revocation of
the license.
A question was raised as to the fee amount. Mr. McDonald replied that
the fee was due in part to cover costs related to police checking the facility
during an event and the hours spent would be tracked over a period of
time to determine if the fee was appropriate as established. Mr. Peterson
added that since mid-December there has only been one call, which was
something unrelated to the business.
McDonald stated that a new computer game center desiring to locate in
New Hope would need to fill out a business license application and a
background check would be conducted by the Police Department.
There was no one in the audience to address the Commission.
MOTION Motion by Commissioner Landy, seconded by Commissioner Hemken, to
Item 5.1 approve Planning Case 04-16 and Planning Case 04-08, Request for text
amendment (Ordinance No. 04-08, An ordinance amending New Hope
Code Section 8-9 by establishing a special event permit for computer
gaming centers), 4311 Winnetka Avenue North, LAN Game Centers and
Kensington Cottages Corporation, IA, Petitioners.
Voting in favor: Brauch, Buggy, Hemken, Houle, Landy, O’Brien,
Oelkers, Svendsen
Voting against: None
Absent: Anderson
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on July 26 and asked the petitioner to be in attendance.
PC04-14 Chairman Svendsen introduced for discussion Item 5.2, Request for
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Planning Commission Meeting July 13, 2004
Item 5.2 preliminary plat approval for property to be known as Masters New Hope
Addition, conditional use permit for outside storage and a 10-foot fence,
and site/building plan review, 8501 54th Avenue North, Mark and Chad
Master (Master Transfer) and Frank Feela, Petitioners.
Mr. Alan Brixius, planning consultant, reported that the petitioners were
requesting preliminary plat approval, conditional use permit for outside
storage in excess of 20 percent of the area of the principal building,
conditional use permit for a fence over eight feet in height, and
site/building plan review. The site is zoned industrial. The lot was
subdivided with the Thompson Addition and currently exists as an outlot.
Master Transfer Company was established in 1973 in Robbinsdale and
moved to Crystal in the late 1970s. They now desire to expand the
business into New Hope. Master Transfer provides local cartage for many
corporations in the manufacturing sector. The core business is with the
printing and recycling industry and 90 percent of the work is same day
delivery. Trucks begin about 7 a.m. and return to the site between 3 and 5
p.m. with a few trucks returning between 7 and 8 p.m., Monday through
Friday.
Mr. Brixius reported that the Thompson subdivision created one lot and
one outlot. By city ordinance outlots cannot be developed, therefore, the
outlot is now being platted with the proposed development and extension
of utilities to the site. The proposed lot contains 3.2 acres and is 227 feet in
width. The floating easement in the southeast corner of the site would
need to be vacated and an easement would need to be described for the
pond in the northwest corner of the property. As part of the Thompson
Addition, there was a cross easement recorded over the outlot and Lot 1,
which would need to be relocated. The Masters New Hope Addition plat
indicated a third access point from 54th Avenue along the shared
property line between the two lots. A specific cross easement would need
to be described between the two properties. A park dedication fee would
apply to this subdivision.
Revised plans and a narrative were submitted as a result of staff and
Design and Review Committee meetings. Brixius stated that the plans
illustrated the large parking stalls east of the building that were sized for
semi trailers and traffic circulation on the site. Master Transfer indicated it
had eight dock trucks and 19 semis. Two dock trucks and three semis are
stored at customers’ sites. Non-hazmat palletized materials may be stored
inside the building or in a trailer overnight for next day delivery. Trailers
will not contain any merchandise when on site for maintenance.
Customers’ trailers due for maintenance would be parked in the spaces
along the east property line north of the fence. Master Waste, refuse
business, would remain at the Crystal location, however, the trucks would
be brought to the New Hope site for maintenance.
Brixius stated the building height was compliant with city code. The total
parking required for the building size would be eight spaces and the site
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Planning Commission Meeting July 13, 2004
plan indicated 26 automobile parking stalls. Staff was concerned with the
number of parking stalls north of the fence and the intermixing of
automobile and truck parking north of the fence. Staff recommended that
the excess parking be eliminated and turned into green space. Brixius
indicated that city code states outdoor storage should be located to the
side or rear of the property and screened from adjacent residential
properties. The site plan indicated there would be 10 trailer stalls forward
of the fence and outside the screened area. Three access points are
proposed for the two properties with one of the access points a shared
driveway. The shared curb cut is not compliant with code and does not
line up with Zealand Avenue to the north. Brixius stated that at the
Design and Review meeting, the applicant indicated a need for the shared
curb cut so Red Wing Foods could have its own truck staging area
separate from Master’s operation. If the Planning Commission is in
agreement with the shared access, staff recommends it be an ingress
access only and the applicant indicated they would agree with that
recommendation.
Brixius pointed out the location of the loading docks on the building and
the location of the trash enclosure. Detail should be provided on the trash
enclosure, which should match the construction materials of the principal
building. The landscape plan illustrated the 10-foot fence around the rear
portion of the property, which would require a conditional use permit.
Staff was supportive of the fence height due to the trailer storage. There
would be a gate located on both sides of the building. Plantings were
identified on the plans in the planting strip between the employee parking
and the parking area forward of the building. Plantings would also be
placed at the north side of the building, and staff recommended irrigation
of the landscaped areas. The applicant should comply with the city
forester’s recommendations. Staff suggested that the excess parking be
eliminated and the area landscaped or left as green space. Based on the
city code, up to 80 percent of the property could be impervious surface,
and the grading plan indicated 21.5 percent green space. The photometric
plan indicated compliance with city code, however, the applicant should
provide a sample of the light shield proposed to prevent glare from
spilling onto adjacent properties. Snow storage is proposed for the
ponding area or removed from the site. The building materials would be a
masonry construction with windows. The proposed 98-square foot wall
sign and 40-square foot monument sign would be compliant with the sign
code.
Brixius reiterated the criteria for outdoor storage by conditional use
permit: 1) area to be screened and landscaped from adjacent residential
uses, 2) wire weave or chain link security fence around the area, 3)
surfaced with concrete or bituminous, 4) not located in a front yard or
side yard abutting a public right-of-way and set back five feet from all side
and rear lot lines and shall not be located in an easement, 5) shall not
utilize any required off-street parking, and 6) shall not be used for the
storage of hazardous materials. Brixius stressed that the rear yard was
compliant, however, staff was concerned with the side yard forward of
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Planning Commission Meeting July 13, 2004
the fenced area adjacent to 54th Avenue and the Begin Park residential
area.
A question was raised as to whether or not a variance should be requested
for the third access.
Mr. Vince Vander Top, city engineer, stated that the additional traffic
along 54th and the impact on the adjacent residential properties had been
discussed, but the proposal is a permitted use in the industrial area.
Sanitary sewer service would be provided to the building from 54th
Avenue. A six-inch water main would be provided to the site from a cast
iron water main located in Zealand Avenue across 54th Avenue and a
hydrant would be located near the pond. The building would be
sprinkled. Vander Top explained the storm water and drainage in detail,
and stated that after a thorough review of the site, the pond would be
placed in the northwest corner of the property. The pond would drain
into a storm sewer and flow west along 54th Avenue to Boone Avenue
and eventually to Victory Pond. He mentioned that the storm sewer from
Waymouth Farms at the southeast corner of 54th and Boone avenues
discharges to the existing storm sewer in Boone Avenue. The Boone
Avenue storm sewer is undersized and cannot take all of the water and
water backs up into the ditch on the Waymouth property. The issue will
be compounded with the addition of water from the Red Wing Foods
property and this property. Per staff’s suggestion, the applicant would
construct the pond so the storm sewer would discharge to the Waymouth
ditch. An easement would need to be provided for the ditch if one is not
already in place. Staff met with Waymouth representatives to explain the
proposal and they indicated a willingness to work with the applicant and
the city to find a feasible solution. An alternative to utilizing the
Waymouth ditch would be to discharge the storm water into the storm
sewer along the boulevard and tie directly into the storm sewer in Boone
Avenue. Due to the inadequate capacity in Boone Avenue, the catch
basins in the intersection would surcharge and during a major rain event,
water would come out of the catch basins and run down Boone Avenue.
By utilizing the ditch, storm water flowing down Boone Avenue would be
limited.
A question was raised as to who would have ownership of the storm
sewer in the boulevard and provide maintenance in the future. Vander
Top replied that the applicant would be required to provide maintenance
over the pond. The Waymouth ditch would possibly be a city
responsibility, as it would serve several properties.
Mr. Frank Feela, representative for Master Transfer, came forward to
answer questions of the Commission. He stated that at the time they
purchased the property, there was an easement in place for the east
driveway access across the property and a shared agreement. He
explained that currently the Red Wing trucks enter at the east driveway
and travel through Master’s site in front of the location for the proposed
building and parking area. Their own trucks would also be entering the
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Planning Commission Meeting July 13, 2004
site from that driveway and there would be a lot of congestion at the front
of their site. The third access would allow all trucks to enter and then
proceed to the business and leave out the respective driveways. All
employee vehicles would enter the site from their own driveway. Mr.
Feela stated that the shared driveway was an important issue for them.
The shared driveway would be mainly utilized from 3 to 5 p.m. weekdays.
Mr. Feela addressed the recommendation to reduce automobile parking
areas. He understands that city code parking requirements are based on
the size of the building, however, Master Transfer has 36 employees - one
for each truck, plus four office staff, three mechanics and janitorial
service. He stressed that the pond was located toward the front of the
property and nearly all of the green space was toward the front of the
property to screen the site from the residential areas.
Mr. Feela stated that Master Transfer does maintenance work on trucks
and trailers for other companies and they desire to have those trailers
parked outside the fence for security purposes and to allow those
businesses the opportunity to drop off or pick up trailers after hours, if
necessary. There would be at most three or four trailers parked there on
any given day. Trucks are not left there for any length of time nor are the
trucks left running.
Mr. Mark Master, president of Master Transfer, came forward to explain
that Master delivers trailers for other trucking companies. Sometimes
these trailers are dropped off after hours and they do not want the trailers
parked in the automobile parking areas. He stressed that they need a
minimum of four to six trailer stalls outside the fenced area.
Brixius reiterated that the main concerns were outside storage was not to
be in the front or side yard, storage area was to be fenced, and the
visibility of trailers from 54th Avenue. Discussion ensued on alternate
designs for the parking and screening of trailers and a wider green space
by the automobile parking area.
Mr. Feela distributed photographs of the existing conditions and
unscreened truck parking at the existing businesses along 54th Avenue.
After a lengthy discussion, Brixius clarified that the stalls forward of the
building would be exclusively automobile parking, six trailer stalls along
the east side of the building would be retained, and the green space
between parking areas to be increased. He recommended that the
automobile parking area be duplicated and that automobiles only utilize
it. Consider shifting the automobile parking area to the south and add
more landscaping along 54th Avenue. Mr. McDonald suggested that a few
trees be added along the eastern edge of the pond.
A question was raised regarding the business relationship with the city of
Crystal, and Mark Master explained what had happened with the
previous business owners and Crystal and stated the situation had been
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Planning Commission Meeting July 13, 2004
cleared up.
The issue of outstanding administrative fees was mentioned and Mr.
McDonald explained that the applicant for the Thompson Addition plat,
owner of the Red Wing Foods building, had not paid the city’s invoices. A
condition of approval would be that those fees be paid. Mr. Feela stated
that they were coordinating with the representative of the Red Wing
Food’s property owner to get the invoices paid.
There being 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 04-14. All voted in favor.
Motion carried.
Question was raised on the storm water issue and whether staff felt it
would be resolved to the city’s satisfaction. Vander Top indicated that
storm water was identified in his comments which would be a condition
of approval
Mr. McDonald suggested that the applicant provide revised plans for the
City Council meeting showing the changes as recommended by the
Planning Commission.
MOTION Motion by Commissioner Landy, seconded by Commissioner O’Brien, to
Item 5.2 approve Planning Case 04-14, Request for preliminary plat approval for
property to be known as Masters New Hope Addition, conditional use
permits for outside storage and a 10-foot fence, and site/building plan
review, Mark and Chad Master (Master Transfer) and Frank Feela,
Petitioners, subject to the following conditions:
1. Enter into a development agreement with the city and provide
performance bond (amount to be determined by city engineer and
building official).
2. Comply with city engineer recommendations, including those dated
June 16 and July 7, 2004.
3. Comply with city attorney’s plat recommendations dated June 22,
2004.
4. Approval of plans by building official.
5. Approval of plans by West Metro Fire-Rescue District and comply
with recommendations.
6. Comply with planning consultant recommendations including:
A. The existing ponding easement in the southeast corner be
formally vacated by the city.
B. Verification be provided that a cross access easement has been
established and a cross access agreement executed between the
subject property and the neighboring property to the west.
C. Shared access should be signed and designed for ingress truck
access only, and variance approved.
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Planning Commission Meeting July 13, 2004
D. Redesign parking lot for exclusive use of automobiles.
E. Allow six truck parking stalls east of building in front of the
fenced area.
F. A detail of the trash enclosure elevation be provided. The
exterior of the trash enclosure shall match that of the principal
building.
G. Landscaping be provided along the front building foundation,
subject site be irrigated and comply with city forester
recommendations.
H. The applicant verify that impervious surface coverage on the
site does not exceed 80 percent.
I. The source of outdoor lighting shall not be visible from
surrounding properties and rights-of-way.
J. All site signage meet applicable ordinance requirements.
7. Approval of a conditional use permit to allow outdoor storage to
exceed 20 percent of the area of the building subject to the
following conditions:
A. Outdoor storage on the east side of the building shall limited to
six drop-off trailer stalls.
B. The outdoor storage area be surfaced in bituminous or concrete.
C. The open outdoor storage area not be used for the storage of
hazardous liquids, solids, gases or wastes.
D. Outdoor storage shall be limited to the storage of trucks and
truck trailers. Any desired change to this requirement shall
require the processing of a CUP amendment.
8. Approval of a conditional use permit to allow a fence in excess of
eight feet subject to the following conditions:
A. City approval of fence fabric.
B. The proposed fence height is found to be acceptable by the city
fire inspector.
C. The fence not to exceed 10 feet in height.
9. Planning Commission to waive review of final plat.
10.
Park dedication fees to be paid at the time final plat is submitted to
the city.
11.
Payment of outstanding fees associated with Thompson Addition.
Voting in favor: Brauch, Buggy, Hemken, Landy, O’Brien, Oelkers,
Svendsen
Voting against: None
Absent: Anderson
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on July 26 and asked the petitioner to be in attendance.
PC04-17 Chairman Svendsen introduced for discussion Item 5.3, Request for
Comprehensive Plan amendment, rezoning of property from I, Industrial,
Item 5.3
to R-4, High Density Residential, planned unit development, site/building
plan review and preliminary plat approval for property to be known as
Science Industry Park 5th Addition, 5501 Boone Avenue North, Project for
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Planning Commission Meeting July 13, 2004
Pride in Living, Inc. (PPL), Petitioner.
Mr. Kirk McDonald, director of community development, stated that the
petitioner was requesting comprehensive plan amendment, rezoning of
the property from industrial to high density residential, preliminary plat
for property to be known as Science Industry Park 5th Addition, planned
unit development, site and building plan review to allow the construction
of a 35-unit rental apartment building and a 41-unit owner-occupied
condominium. The property is located on Boone Avenue south of East
Research Center Road. Adjacent land uses include industrial to the north
and south, public works facility to the west, and R-4 and R-5 residential to
the east across Boone Avenue. The site contains 3.9 acres – Lot 1 is 1.45
acres, Lot 2 is 1.79 acres, and the outlot is .7 acres. The proposed
apartment building would contain 14,400 square feet and the
condominium would contain 19,140 square feet.
Mr. McDonald stated the city purchased the vacant land in 1993 and gave
a brief update of events leading to 2003 when PPL approached the city
inquiring whether there were additional sites for development and this
site was suggested. The majority of the EDA approved a term sheet in
May 2004, which outlined the proposed tax increment assistance to the
developer. The total project cost is estimated to be $14 million with $1.2
million in TIF assistance from the city for piling costs. There would be a
variety of funding sources utilized by the developer for this project.
The petitioner’s narrative explained that the proposal was to construct a
four-story wood frame apartment building with underground parking on
the north side of the parcel containing 35 two, three, and four-bedroom
units. The condominium building would be a three-story wood frame
structure with underground parking and would contain 41 one+den, two,
two+den, and three-bedroom units. Both buildings would be fully
sprinkled and have an elevator.
Mr. McDonald stated that this site was located within Planning District 3
of the Comprehensive Plan. The Planning Commission should determine
if this proposal is consistent with the plan using the following criteria: 1)
was a past zoning mistake made, 2) has the character of the area changed
to warrant an amendment, and 3) is the proposed action consistent with
the specific policies of the Comprehensive Plan. As mentioned in the
planning report, the city’s Comprehensive Plan did recommend changing
the land use for this vacant site from industrial to residential.
The preliminary plat was submitted to city staff, consultants and utility
companies for review. Staff is recommending approval subject to the
comments received from the city engineer and city attorney. Upon
discussion with the applicant, the Planning Commission may wish to
waive review of the final plat.
The project was reviewed by city staff and the Design and Review
Committee and as a result revised plans were submitted.
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Planning Commission Meeting July 13, 2004
One of the primary concerns was the screening of the residential use from
the public works facility to the west with its sand storage, snow plows and
equipment storage in close proximity. The condominium complex would
be set back 150 feet from the property line, with the outlot creating
additional separation. The apartment building would be designed to
mitigate visual impacts from the public works facility with the primary
views being north and south. Additional screening and landscaping
would be concentrated in that area and specific building materials and
triple-pane windows would be utilized to buffer noise in the apartment
building.
McDonald stated that city code requires 2,200 square feet per unit for
multi-family units. The Zoning Code grants density bonuses based on
certain elements that can give up to a 20 percent reduction of the area.
Those elements include durable exterior finishes, underground parking,
proximity to mass transit and outdoor recreational facilities. This project
meets all of those elements. The outlot would provide additional green
space.
All setbacks have been met with the development. Three 24-foot access
locations would be provided from Boone Avenue. A bus stop area would
be located adjacent to the apartment complex. The apartment building
complies with the 79 parking spaces required. The condominium building
requires 92 parking spaces and 90 spaces are proposed. Two additional
surface stalls would be required. Eight handicap parking stalls would be
provided on the site. A play area would be located between the two
buildings, a trail system is proposed around the outlot, two garden lots
are proposed, and a hard-court basketball court was identified on the
plans. These areas would meet the city’s requirements regarding
recreational areas.
Mr. McDonald reported that the landscaping plan identified a mix of
trees, shrubs, and flowers within the site. Additional trees would be
planted to screen the area to the west. A prairie seed mix and wetland
seed mix is proposed near the ponding area. All landscaping would be
irrigated. A tree preservation plan should be provided. Minor
discrepancies between the plan and landscape schedule should be
corrected, and the applicant should comply with the city forester’s
recommendations. A photometric plan indicated compliance with city
code. Trash enclosures would be located within each building. One of the
conditions of approval would be additional lighting around the trail
system, the play area and building entrances. The exterior of both
buildings would use a combination of stone, brick, cement siding, and
stucco in earth tone colors. Interior apartment doors would require eye
viewers and metal frames. An adequate sight line must be established
between the apartment lobby and office, which is a requirement of the
multi-family crime free program. Two monument signs are proposed for
the site. Signs should be set back a minimum of 10 feet from the property
line.
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Planning Commission Meeting July 13, 2004
McDonald indicated concern with how snow storage would be handled
due to the fact that only one small area was shown on the plan at the
southwest corner of the site. Three fire hydrants are shown on the plan, as
well as the fire department connection on the east side of both buildings.
Mr. Vince Vander Top, city engineer, pointed out that parking bump outs
along Boone Avenue into the existing parking lane are proposed along the
length of the development. The bump out at the north end of the site
would be for the bus stop. The lane width of Boone Avenue would be 12
feet with a four-foot reaction lane, or 16 feet from the centerline to the face
of the curb. These measurements are the minimum dimensions according
to Municipal State Aid design standards. Vander Top suggested that at
the north end of the site the existing parking lane remain and act as a
turning lane into the property and the parking lane remain the same at the
south end of the property. The bump outs would occur between these
driveways and could be utilized for more green space. The plan does not
identify sidewalk improvements.
Vander Top explained the elevation of Boone Avenue is approximately
895, which is the same elevation as the garage floors for the underground
parking. The grade of the driveways into the site would be about a five
percent grade. It was recommended that the south driveway location be
adjusted to line up with the North Ridge driveway across Boone Avenue.
The sanitary sewer and water main connections would be provided from
Boone Avenue to both buildings. Service for the hydrants would also be
from Boone Avenue. Vander Top explained the storm water requirements
in detail. The existing pond serving this site and the public works site
would be relocated and have the same dimensions and volume. The
pond’s proposed location would be landlocked from an overflow
standpoint with excess water flowing to Boone Avenue and north toward
East Research Center Road flooding the intersection until the storm sewer
can manage the water. Vander Top cautioned that the elevation of the
intersection is 894.2 which is nearly the same elevation of the garage
floors. When the intersection floods, water will back up to the pond and to
the laterals that serve the storm drains of the building’s basements.
Typically, the city requires two feet of separation between the lowest
opening of a building and the 100-year high water flow elevation. The 100-
year flood elevation is 894.8 and the garage floor is at 894.5. Therefore, the
garage floor elevation should be raised or lower the tail-water effect of the
intersection. Another option may be to run the storm sewer directly north
toward East Research Center Road. The city may need to look at ways to
limit the high water elevation at that intersection.
Commissioner Brauch questioned whether the city had any long-range
plans to correct the flooding situation at that intersection. Vander Top
replied that the Surface Water Management Plan identified increasing the
storm sewer capacity as well as building water quality ponds in the area.
Costs for lowering the roadway and improving the storm sewer, water
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Planning Commission Meeting July 13, 2004
main, etc. would be estimated at $200 per lineal foot for a distance of
approximately 500 feet.
Discussion ensued on whether there was an easement over the property
for the city’s usage of the pond and who was responsible for maintaining
the pond. Vander Top indicated that Public Works would be responsible
for maintenance and the removal of sediment from its flared end portion
in the pond. The mowing, planting and pond maintenance at the other
flared ends would be the responsibility of PPL. The city attorney
concurred that an easement would be necessary for the city’s usage of the
pond.
Mr. Brixius added that a drainage and utility easement be incorporated
into the conditions of approval.
Mr. Chris Wilson, development manager at Project for Pride in Living,
came forward. He introduced the architect, Roger Howley, and Chris
Dettling, the project manager for PPL. Mr. Wilson suggested utilizing the
excess TIF funds that the project would generate for the storm sewer
improvements. McDonald interjected that the Planning Commission
could recommend that the City Council strongly consider the storm water
improvements. The Commission concurred that improvements should be
completed rather than dealing with flooding problems in the future.
Wilson stated that PPL would have no problem with an easement on a
portion of the pond. He added they would work with staff if the bump
outs needed to be modified.
A suggestion was made that doors with eye viewers be installed in the
condominiums as well as the apartments.
Mr. Wilson requested that the Planning Commission waive review of the
final plat. He stated that prices for the condominiums would range from
$135,000 to $175,000.
Discussion ensued on screening standards for potential tenants of the
rental building. Wilson reported that rent for a two-bedroom unit would
be $750, which would contain approximately 1,000 square feet.
Chairman Svendsen informed the commissioners that at the Design and
Review meeting, it was discussed how this project would fill a need for
affordable housing for residents that may be displaced in the future
during redevelopment of the site west of the golf course, as proposed
during the Livable Communities study.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Oelkers, seconded by Commissioner Brauch, to
close the Public Hearing on Planning Case 04-17. All voted in favor.
Motion carried.
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Planning Commission Meeting July 13, 2004
Commissioner O’Brien stated he did not feel the three zoning criteria have
been met with this project. He did not feel a past zoning mistake had been
made or that the character of the area had changed to warrant a zoning
change. He stated he felt there was an adequate supply of affordable
rental housing in New Hope.
MOTION Motion by Commissioner Oelkers, seconded by Commissioner Landy, to
Item 5.3 approve Planning Case 04-17, Request for Comprehensive Plan
amendment, rezoning of property from I, Industrial, to R-4, High
Density Residential, planned unit development, site/building plan
review and preliminary plat approval for property to be known as
Science Industry Park 5th Addition, 5501 Boone Avenue North, Project
for Pride in Living, Inc., Petitioner, subject to the following conditions:
1. Enter into a development agreement with the city and provide
performance bond (amount to be determined by city engineer and
building official).
2. Comply with city engineer recommendations, including those dated
June 16 and July 7, 2004.
3. Comply with city attorney recommendations on plat (July 7, 2004).
4. Approval of plans by building official.
5. Approval of plans by West Metro Fire-Rescue District and comply
with recommendations.
6. Comply with planning consultant recommendations including:
A. Access locations shall be subject to review and approval of the
city engineer.
B. Two additional surface parking stalls shall be required within
the condominium unit lot.
C. A screen effect of eight feet minimum shall be required along
the western portion of the site.
D. The landscaping plan shall be subject to the review and
approval of the city forester – comply with recommendations in
attached memo dated July 8, 2004.
E. Correct minor discrepancies in landscape plan/schedule.
F. Additional lighting shall be required around the trail system,
play areas, and building entrances.
G. Trash enclosure landing areas must be identified within both
buildings to ensure proper loading and unloading
maneuverability for all trash receptacles.
H. Windows that front the Public Works facility shall be insulated
and sound proofed.
I. All interior apartment and condominium doors shall require
eye viewers and metal frames.
J. An adequate sight line shall be established between the
apartment lobby and office.
K. The location of the tot lot shall be identified on the site plan.
L. A separate sign permit shall be applied for by the developer
and all signs associated with the development shall be the
responsibility of the developer.
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Planning Commission Meeting July 13, 2004
7. Planning Commission to waive review of final plat.
8. Park dedication fees to be paid at the time final plat is submitted to
the city.
9. Supply a drainage easement over the outlot.
10. City Council to consider improving storm sewer and drainage along
East Research Center Road west toward Victory Pond.
Voting in favor: Brauch, Buggy, Hemken, Landy, Oelkers, Svendsen
Voting against: Houle, O’Brien
Absent: Anderson
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on July 26 and asked the petitioner to be in attendance.
PC04-21 Chairman Svendsen introduced for discussion Item 5.4, Ordinance No.
04-07, An ordinance amending the New Hope Zoning Code relating to
Item 5.4
setbacks, antenna height, parking requirements, commercial and
industrial fences and access to commercial recreational facilities, City of
New Hope, Petitioner.
Ms. Amy Baldwin, community development assistant, explained that the
Codes and Standards Committee, staff and consultants were
recommending revisions to New Hope Code. She explained that Section
4-3(c)(6)b “setbacks along arterials and community collector streets”
would be repealed as it conflicts with setback requirements found in
specific zoning districts. Section 4-3(b)(6)h.1 “height” corrected the
language for an antenna support structure by adding the word “not” to
exceed five feet above the peak of the roof of the principal building. At the
time the code was codified in 2001, language regarding the five percent
open space for passage of air and light was inadvertently removed from
Section 4-3(d)(3)c.1 “commercial and industrial district fences” and this
simply puts back that verbiage. Section 4-3(3)(4)h.2 deletes the 45 degree
angle parking spaces. Section 4-20(e)(5)a deals with access to commercial
recreational facilities along a collector street as well as an arterial street.
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Hemken, seconded by Commissioner O’Brien,
to close the Public Hearing on Planning Case 04-21. All voted in favor.
Motion carried.
MOTION Motion by Commissioner O’Brien, seconded by Commissioner Hemken,
Item 5.4 to approve Planning Case 04-21, Ordinance No. 04-07, An ordinance
amending the New Hope Zoning Code relating to setbacks, antenna
height, parking requirements, commercial and industrial fences and
access to commercial recreational facilities, city of New Hope, Petitioner.
Voting in favor: Brauch, Buggy, Hemken, Landy, O’Brien, Oelkers,
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Planning Commission Meeting July 13, 2004
Svendsen
Voting against: None
Absent: Anderson
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on July 26.
PC04-20 Chairman Svendsen introduced for discussion Item 5.5, Ordinance No.
04-09, An ordinance amending the New Hope Sign Code regulating
Item 5.5
political and noncommercial signs, City of New Hope, Petitioner.
Ms. Amy Baldwin, community development assistant, stated that the city
was required to amend the New Hope Sign Code so that it would conform
with recently passed state legislative changes. The Minnesota state
legislature recently adopted a new law effective August 1, 2004, stating
that during any state general election year, the city cannot regulate the
size or number of political or noncommercial opinion signs. Currently, the
New Hope Sign Code limits political and opinion signs to 32 square feet
and one sign per candidate per lot. The city would need to make this
change to be compliant with state law.
Mr. Sondrall pointed out that this change did not apply to the city’s
setback regulations for placement of signs on private property. This
change only applied to size and number of political and noncommercial
signs during a specific time period in general election years.
There was no one in the audience to address the Commission.
MOTION Motion by Commissioner Buggy, seconded by Commissioner Hemken, to
Item 5.5 approve Planning Case 04-20, Ordinance No. 04-09, An ordinance
amending the New Hope Sign Code regulating political and
noncommercial signs, City of New Hope, Petitioner.
Voting in favor: Brauch, Buggy, Hemken, Landy, O’Brien, Oelkers,
Svendsen
Voting against: None
Absent: Anderson
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on July 26.
Design and Review Svendsen reported that the Design and Review Committee met with the
petitioners in June. No new applications were submitted for review,
Committee
therefore, there would be no July committee meeting.
Item 5.1
Codes and Standards Hemken reported that the Codes and Standards Committee met in June to
discuss the computer gaming centers, transit shelters, political signs, and
Committee
reduced side yard setback for garages with living space above.
Item 5.2
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Planning Commission Meeting July 13, 2004
OLD BUSINESS Chairman Svendsen questioned whether or not there was any concern by
neighboring residents with regard to the proposal on 54th Avenue by
Miscellaneous Issues
Master Transfer as proposed in Planning Case No. 04-14, and McDonald
stated no comments were received from neighbors.
McDonald updated the Commission on the Ryland project and the
potential for phase 3.
NEW BUSINESS Motion was made by Commissioner Buggy, seconded by Commissioner
Brauch, to approve the Planning Commission minutes of June 1, 2004.
All voted in favor. Motion carried.
City Council/EDA minutes were reviewed.
ANNOUNCEMENTS McDonald announced that the August Planning Commission meeting
would be held on Wednesday, August 4, due to National Night Out on
Tuesday evening to review a preliminary plat for the Winnetka
Townhomes and a flood plain ordinance amendment.
Chairman Svendsen explained the subcommittees to the new
commissioner and stated he would be appointed to the Codes and
Standards Committee for the balance of the year.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 10
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
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Planning Commission Meeting July 13, 2004