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120704 planning CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES December 7, 2004 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chairman Svendsen called the meeting to order at 7 p.m. ROLL CALL Present: Anderson, Brauch, Buggy, Hemken, Houle, Landy, O’Brien, Svendsen Absent: Oelkers Also Present: Kirk McDonald, Director of Community Development, Alan Brixius, Planning Consultant, Steve Sondrall, City Attorney, 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 PC03-18 Chairman Svendsen introduced for discussion Item 4.1, Request for conditional use permit amendment to allow expansion of outdoor storage Item 4.1 area, 4990 Highway 169 North, Collins Electrical Systems, Inc. d/b/a ColliSys, Petitioners. Mr. Kirk McDonald, director of community development, stated that petitioner was requesting a conditional use permit to allow expansion of the outdoor storage area and development of the rear lot. The proposed future building identified on the site plan would require a separate future CUP/PUD application to allow a second building on the site. The site is located in an industrial zoning district with other industrial uses adjacent to the site on the north, south, and east. Highway 169 and the city of Plymouth are to the west of the site. The total site area contains 3.741 acres. The existing building contains 15,070 square feet. The current green area on the site is approximately 57 percent which would decrease to 41 percent with the development of the outdoor storage area. The zoning code requires 20 percent green space in the industrial district. McDonald stated the Comprehensive Plan indicated the primary goal in this district is the preservation and enhancement of the industrial land used and the city would work with existing industries to encourage business retention and in-place expansion. McDonald stated that ColliSys purchased this site in 1994 and the Planning Commission and City Council approved a conditional use permit to allow outdoor storage in the rear yard. At that time a ponding easement was included to expand the DNR wetland at the north and back of the site, due to the fact that the New Hope Surface Water Management Plan called for construction of a ponding area in the vicinity in the future. McDonald explained that ColliSys coordinated with the city over the past several years with regard to storm water quantity/quality requirements. They agreed to participate in the 49th Avenue regional pond project and pay their share of the cost of that project to address its storm water needs. Improvements to the pond were completed this summer and a condition of approval of the CUP would be payment to the city in the amount of $18,125. The narrative submitted by ColliSys indicated the company has grown dramatically over the last several years, which resulted in the addition of many company vehicles and equipment. Generally these vehicles and equipment are stored on job sites, however, when that is not possible, it needs to be parked in their yard. Property owners within 350 feet of the property were notified, including the city of Plymouth, and staff did not receive any comments. McDonald explained the purpose of a conditional use permit and criteria to consider including nature of adjoining land or buildings, similar uses close by, effect upon traffic, and other factors bearing on general welfare, health and safety. Specific criteria to consider include consistency with the Comprehensive Plan, compatibility with adjacent uses, performance standards, and no depreciation in value in the area. Items specific to the industrial district include nuisance characteristics to adjacent areas and providing an economic return to the community. A conditional use permit is required for open outdoor storage when the area exceeds 20 percent of the gross floor area of the principal structure. The CUP can be approved if the request complies with requirements for screening and landscaping, fencing, surfacing, setbacks, on site parking areas, no storage of hazardous materials, and keeping area free of refuse and general upkeep of the area. McDonald stated that staff and consultants reviewed the plans and the Design and Review Committee met with the petitioner and discussed several items. Revised plans were submitted as a result of those meetings. The site plan shows the existing building area is 15, 070 square feet. Twenty percent of that is 3,014 square feet, which would be allowed for outdoor storage without a CUP. The proposed outdoor storage area is 27,007 square feet, therefore, a CUP is required. No additional plantings are proposed for the site. There were some plantings installed as part of the ponding project. The city and ColliSys have agreed that the area north of the proposed storage area would be re-examined in spring 2005 to determine if additional plantings would be required for erosion control and to discuss access and maintenance of the area. A new six-foot high chain link fence with visual barrier slats is proposed around the perimeter of the storage area. The fence would have a top rail with three strands of barbed wire. A portion of the existing fence would be removed to allow access to the proposed storage area and an existing gate would be relocated to the north side of the new fence for access to the ponding area for snow storage and maintenance of the north side of the fenced area. A 2 Planning Commission Meeting December 7, 2004 new bituminous surface and B612 concrete curb and gutter is proposed for the outdoor storage area. All setbacks are in compliance. No hazardous or flammable liquids would be stored on the site. No additional parking stalls are proposed as part of this request. If the applicant submits plans for a future storage building, parking would need to be revisited. Two new light standards would be added to the site. The application would be forwarded to the Shingle Creek Watershed District for review and comment. No additional signage was proposed. McDonald reported that staff supports the conditional use permit request for additional outside storage, subject to the conditions listed in the planning report. Mr. Vince Vander Top, city engineer, addressed the Commission on storm water issues. The Surface Water Management Plan indicated existing wetlands and waterbodies and called for water quality ponds on the entire parcel where the Plymouth Heights Pet Hospital was constructed. The pet hospital was constructed on the front two thirds of the site and the back portion of the property was constructed as a water quality pond. At the time the 49th Avenue pond was constructed, and knowing that ColliSys was contemplating expanding its outdoor storage area, the city constructed a sediment trap as directed by the Surface Water Management Plan. The sediment trap was constructed in an easement on the ColliSys property and would be maintained by the city. A storm sewer from Plymouth and Highway 169 discharges into the 49th Avenue wetland. All properties are treated equally according to the Surface Water Management Plan. Staff identified in 2003 the financial responsibility for ColliSys toward the overall project. The improvements were constructed this past summer. Commissioner O’Brien initiated discussion on access to the sediment trap. Vander Top replied that the weed maintenance would be the responsibility of ColliSys and the area was restored with natural vegetation that would not require regular mowing, other than once in the spring. Public Works would have to access the sediment trap from 50th Avenue and remove sediments with a backhoe. If that cannot be done during summer conditions, the sediment would need to be removed in winter when the ground is frozen. A question was raised with regard to the site improvement agreement that is one of the conditions of approval. McDonald explained that a site improvement agreement was typical of every project, along with a bond, to cover the improvements and insure completion. Upon completion of the improvements, the City Council releases the bond. Mr. Rick Boe, president of ColliSys, stated they were fortunate to be in New Hope and liked their location, which provided great access to the highway. The company has grown a lot during the last few years and they have added more vehicles and equipment, which was why they needed to expand the outdoor storage area They recently completed the Hiawatha 3 Planning Commission Meeting December 7, 2004 Light Rail project. There being no one in the audience to address the Commission, the public hearing was closed. Motion by Commissioner Landy, seconded by Commissioner Brauch, to close the public hearing on Planning Case 03-18. All voted in favor. Motion carried. Commissioner Brauch stated he felt it was great for the city that ColliSys elected to stay in New Hope and expand its business. Chairman Svendsen read comments from Commissioner Oelkers who wrote that he was in “complete support for the ColliSys application. They are a great community business, which we need to keep in New Hope. They responded positively to all the requests of the Design and Review Committee.” MOTION Motion by Commissioner Landy, seconded by Commissioner Hemken, to Item 4.1 approve Planning Case 03-18, Request for conditional use permit amendment to allow expansion of outdoor storage area, 4990 Highway 169 North, Collins Electrical Systems, Inc. d/b/a ColliSys, Petitioners, subject to the following conditions: Execute Site Improvement Agreement with city and provide 1. financial security for improvements (amount to be determined by building official and city engineer). Comply with city engineer recommendations outlined in report. 2. Payment of previously agreed upon storm water ponding project fee. 3. Landscaping, access and erosion control to be reviewed in spring 4. 2005 by city and ColliSys to determine if additional work is necessary. Fence slats shall be required for the entire fence. 5. No hazardous or flammable liquids shall be allowed to be stored 6. within the outdoor storage area. The application is subject to the review and comment of the Shingle 7. Creek Watershed District. All grading, drainage, and storm water issues shall be subject to the 8. review and approval of the city engineer. The applicant shall be responsible for the upkeep and maintenance 9. of the area between the easement located north of the storage area and the fence line. This approval does not include the proposed second “future” 10. building on the site; that will require a future application if it is detached from the existing building. Voting in favor: Anderson, Brauch, Buggy, Hemken, Houle, Landy, O’Brien, Svendsen Voting against: None Absent: Oelkers 4 Planning Commission Meeting December 7, 2004 Motion carried. Svendsen stated that this planning case would be considered by the City Council on December 13 and asked the petitioners to be in attendance. PC04-28 Chairman Svendsen introduced for discussion Item 4.2, Request for approval of Comprehensive Plan updates, city of New Hope, Petitioner. Item 4.2 Mr. Alan Brixius, planning consultant, explained that the Comprehensive Plan is the document that addresses community issues and lays the foundation for community planning and land use development. The current plan was finalized in 1998 and outlined the projected land use through the year 2020. Updates to the plan are to be completed periodically and the formal amendment application submitted to the Metropolitan Council for approval and inclusion in New Hope’s Comprehensive Plan. Brixius stated that over the last year New Hope has had a number of projects that were approved and with those applications minor Comprehensive Plan changes were required to make the proposed rezonings consistent with the Comprehensive Plan. Projects included Winnetka Green, Winnetka Townhomes, Project for Pride in Living (PPL) at 5501 Boone Avenue, and CVS Pharmacy. Brixius explained the changes on the land use plan map included: Winnetka Green from low/medium density to high density; former Frank’s Nursery site from commercial to high density; St. Joseph Church outlot from public/semipublic to low density single family residential; PPL project from public/semipublic to high density residential, and the CVS project site increased the commercial land area. A mixed-use area was introduced for the City Center area that would include both commercial and residential as proposed in the City Center Task Force recommendations. Other changes to the Development Framework section of the Comprehensive Plan included: proposed land use acreages and densities on page 27; Residential Redevelopment and Maintenance Target Areas map on page 35 included completed projects and City Center; general land use description on page 37; change in quantity of medium and high density residential in the community on page 38; added 5501 Boone Avenue (PPL) site and 42nd and Quebec site to the potential redevelopment sites on page 39; added language for Winnetka Green townhomes, Winnetka Townhomes, and PPL housing on page 40; included commercial and mixed use land uses to the general commercial description on page 42; included a description of the City Center Task Force recommendations for 42nd and Winnetka avenues on page 44; map on page 45 now includes commercial redevelopment target sites – this map also includes Midland Shopping Center as a potential area to revitalize. Brixius indicated that Planning District 11 was reconfigured to encompass all of the proposed City Center area. Changes to specific planning districts include: District 3 referenced the PPL new development on page 85; District 6 references the redevelopment for Winnetka Green 5 Planning Commission Meeting December 7, 2004 and Winnetka Townhomes and the Franks Nursery site on Bass Lake Road on pages 89 and 90; District 11 references the proposed City Center area by describing the new boundaries and redevelopment goals of the City Center Framework Manual. Brixius noted that the changes for Winnetka Green, Winnetka Townhomes, and PPL sites were approved at the time of the planning applications, therefore, these changes are housekeeping items. The introduction of the City Center area into the Comprehensive Plan is a new change and the Planning Commission should make a determination on whether or not it should be included in this amendment. Staff felt that there may be future opportunities for the Midland Shopping Center for improvements or redevelopment and was included as a target area. Discussion was initiated on the apartments to the west of the golf course and Brixius affirmed that site was already included in the 1998 plan as a target site. Commissioner Brauch clarified that most of these changes were for projects that had already been approved or completed. He wondered what the advantage was for completing the periodic update now rather than waiting until closer to the year 2020. Brixius stressed that these changes had to be forwarded to the Metropolitan Council and the zoning had to be consistent with the Comprehensive Plan. A decision should be made on whether or not to include the proposed City Center changes as part of the amendment to the Comprehensive Plan. Brixius pointed out that when the city pursues a livable communities grant application, one of the criteria for getting a project funded was whether the project was consistent with the Comprehensive Plan. If not, an amendment had to be processed to make it consistent because any funding application had to be worded as pending or already consistent. Consistency with the Comprehensive Plan provides additional leverage with grant applications. Upon receiving the formal amendment application, the Metropolitan Council Review Authority would review the changes and approve it so the maps could be changed and become part of the city’s Comprehensive Plan. The city received grant funds for the Livable Communities project area from Metropolitan Council. The City Center Task Force incorporated the same type of objectives as endorsed in the Livable Communities concepts, which the Metropolitan Council promoted. Commissioner Landy concurred that the Metropolitan Council would agree with the changes. Brixius added that the Blueprint 2030 was leaning toward the Livable Communities objectives with compact development, diversity of housing styles, pedestrian friendly environments, mass transit, etc. A question was raised whether there were additional areas the city was considering with regard to redevelopment. Brixius noted that the 1998 plan was still a vital document for the city because it promotes reinvestment in the community, promotes opportunities for single family neighborhoods to be improved, promotes continued maintenance of infrastructure, and revitalization of shopping centers. The city tries to be 6 Planning Commission Meeting December 7, 2004 proactive in the zoning, redevelopment, and scattered site housing projects. Chairman Svendsen read into the records comments from Commissioner Oelkers who stated he “reviewed the Comprehensive Plan updates and supports staff in their thoughts. I am very concerned that we keep on track on the great improvements we have approved and are making in the city.” Chairman Svendsen stated he felt the city has a lot of great things going and was headed in the right direction. Commissioner Houle asked for clarification on the amendment process with the Comprehensive Plan and forwarding items to Metropolitan Council. Brixius responded that due to the number of planning applications in a relatively short amount of time, the city was accomplishing all of these changes to the Comprehensive Plan at one time rather than individually. At the time of the individual applications, the city also advertised for comprehensive plan amendments along with the zoning applications. Chairman Svendsen asked for comments from the audience. Mayor Elect Martin Opem came to the podium and stated this was the first time he had attended a Planning Commission meeting. He thanked the commissioners for the work they do. He stated he was in complete agreement with the ColliSys application and about 90 percent of the amendments to the Comprehensive Plan. Mayor Elect Opem explained his platform during the election campaign and found most people he talked with were not in favor of the high density housing projects in New Hope. He stated he felt references to the City Center portion of the amendment should be removed at this time and that proposed redevelopment area discussed by the new Council after the first of the year. Chairman Svendsen stated that even if the Planning Commission recommended approval, the City Council could table action until next year and when the new council members are seated. Mayor Elect Opem responded he preferred the Planning Commission table action on the amendment at its meeting. He stated he had discussed the City Center project with the School District and a potential sale of its property to the city and felt the School District was not in favor of selling. He reiterated that city residents do not want more high density housing. He stated he would prefer more commercial opportunities in the City Center area. Mr. Ranjan Nirgude, 7780 48th Avenue North, came forward to address the Commission. He stated he had talked to many residents during his campaign for election and also found city residents did not approve of the high density housing being constructed. He recommended removing references to City Center in the Comprehensive Plan amendment. 7 Planning Commission Meeting December 7, 2004 McDonald stated he did not disagree with the comments from the audience. However, he preferred not to hold up all of the Comprehensive Plan amendments because of the City Center issue. Therefore, he would support approving the amendments for previously approved projects and forward them on to the Metropolitan Council. It was obvious that there would be continued discussion on the City Center redevelopment after the first of the year. It would not be worthwhile to approve an amendment that the new City Council may not support. A suggestion was made to delete all City Center references from the amendment and approve the balance. Brixius confirmed that all City Center items could be deleted from the amendment and forward the balance to the Metropolitan Council for approval. The City Center redevelopment area could be addressed in the future. Commissioner Brauch stated he heard both gentlemen state that they had talked to many residents, however, the task force conducted meetings for over a year and solicited input from citizens on the proposed concept plans. The task force came to a consensus on the recommendations and the citizens were a part of that through comments solicited at the open house. He agreed the city desired citizen input, but thought it had accomplished that goal with the opportunities offered the community. Mayor Elect Opem reported that residents he talked to were not happy with the similarity of the City Center concept plans. He reiterated that residents were not happy with the density of Winnetka Green and the proposed density on the concept plans for City Center were even higher. He felt the square footage for commercial opportunities, less the proposed grocery store, did not offer much in the way of shopping for New Hope residents. Mayor Elect Opem stated he felt city staff, the Planning Commission and City Council should work together on a new, more appropriate concept for the City Center area. Commissioner Landy stated he was part of the City Center Task Force and indicated residents did not come forward or disagree with the findings. The task force looked at the high density for this area and made recommendations prior to the start of Winnetka Green. Landy agreed that the density for the City Center area should be looked at again. The task force considered a grocery store for the area. In the past, a grocery store has not been successful in New Hope. Input was sought from citizens with regard to a grocery store and there was no definitive direction. At the time the task force was meeting, they did not feel the density was too great. Mr. Nirgude questioned financing of the City Center project. He stated the new council members have a lot of good ideas and decisions on City Center should wait until after they are seated. The new council members proposed to seek information from and listen closely to the residents. There being no one else in the audience to address the Commission, the 8 Planning Commission Meeting December 7, 2004 public hearing was closed. Motion by Commissioner O’Brien, seconded by Commissioner Buggy, to close the public hearing on Planning Case 04-28. All voted in favor. Motion carried. MOTION Motion by Commissioner Landy, seconded by Commissioner O’Brien, to Item 4.2 approve Planning Case 04-28, Request for approval of Comprehensive Plan updates with the exception of all references to City Center, city of New Hope, Petitioner. Voting in favor: Anderson, Brauch, Buggy, Hemken, Houle, Landy, O’Brien, Svendsen Voting against: None Absent: Oelkers Motion carried. The City Council will consider this planning case on December 13. Design and Review Svendsen reported that the Design and Review Committee met in November with the petitioner. The next meeting would be December 16, if Committee needed. At this time staff was not aware of any applications for the Item 5.1 January meeting. McDonald added that the Planning Commission had previously approved a phase 3 and 4 for Paddock Laboratories. Phase 3 had been completed and Paddock would be ready to construct the 10,000 square foot phase 4 addition in 2005. Staff met with Crystal Free Church regarding several smaller additions to the church for construction in 2006 with approvals some time in 2005. Staff hoped to bring a commercial development forward for the 42nd and Quebec avenue site soon after the first of the year. Codes and Standards Hemken reported that the Codes and Standards Committee met in October and another meeting was scheduled for December 22 to discuss Committee the sign code, above garage living space, and satellite dish placement. Item 5.2 OLD BUSINESS There was no old business. Miscellaneous Issues NEW BUSINESS Motion was made by Commissioner Buggy, seconded by Commissioner Landy, to approve the Planning Commission minutes of September 7, 2004. All voted in favor. Motion carried. City Council/EDA minutes were reviewed. ANNOUNCEMENTS Chairman Svendsen stated he would be out of town on the regular January meeting night. McDonald inquired if the Commission wanted to meet in January if there were no applications and only minor ordinance amendments to consider and the Commission agreed not to meet unless planning applications were submitted. 9 Planning Commission Meeting December 7, 2004 Commission elections will be conducted at the first meeting held in 2005. Commissioners Brauch and O’Brien were commended for their years of service on the commission. Brauch reported he enjoyed serving on the commission and complimented city staff for the comprehensive reviews of the projects and information supplied to the commissioners. The Design and Review Committee takes its job seriously when reviewing plans and making recommendations. McDonald indicated the city would be advertising for the two openings on the commission. If any of the commissioners would like to change subcommittees, they should contact the chairman. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary 10 Planning Commission Meeting December 7, 2004