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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 2 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 3 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 4 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 5 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 6 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 7 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. 8 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 9 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. 10 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. 11 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 12 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. 13 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. 14 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, 15 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 16 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 17 Planning Commission Meeting July 13, 2004