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020519 PlanningKa:Ans 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS 4. PUBLIC HEARING PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, February 5, 2019 7:00 p.m. 4.1 PC 19-01, Conditional Use Permit (CUP) to allow the location of a church within the multi -tenant building located at 9220 Bass Lake Road, Valiant Church, petitioner 4.2 PC 19-02, Conditional Use Permit (CUP) and variance to allow for expanded outdoor storage located at 9101 International Parkway, Clariant Corporation, petitioner 4.3 PC 19-03, text amendment to allow ground mounted solar, 9220 Bass Lake Road, Smartflower MN, petitioner 4.4 PC 18-07,18-11,18-12,18-13,18-14,18-20,18-21,18-27, text amendments to Sections 4-2, 4-3, 4-20, and 13-2 of the New Hope City Code in relation to semi - truck parking, exterior storage screening requirements, storage and surfacing requirements for vehicles and recreational vehicles, temporary storage units, firewood stacks, driveway parking requirements, flagpoles, recreational uses, and fencing regulations, city of New Hope, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee - next meeting February 14, 2019 5.2 Codes and Standards Committee - next meeting 6. NEW BUSINESS 7. OLD BUSINESS 7.1 Approve January 2, 2019, Planning Commission minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting PLANNING CASE REPORT City of New Hope Meeting Date: February 5, 2019 Report Date: February 2, 2019 Planning Case: PC 19-01 Petitioner: David Grams - Valiant Church Address: 9220 Bass Lake Road, Suite E-7 Project Name: Valiant Church Project Description: Valiant Church has applied for a conditional use permit to locate a church within the multi -tenant building located at 9220 Bass Lake Road. I. Type of Planning Request A. Conditional Use Permit (CUP) II. Zoning Code References Section(s) 4-33 Administration - Conditional Use Permit (CLIP) 4-10 (e) (1) - R -O, CUP - public, educational and religious buildings III. Property Specifications Zoning: R -O, Residential Office. Location: 9220 Bass Lake Road, Suite E-7. Adjacent Land Uses: R-1 Single Family Residential to the north and east. I - Industrial to the south, and Highway 169 to the west. Site Area: 6.98 acres, or 303,991 square feet Building Area: 80,000 square feet Planning District: Planning District 1. The Comprehensive Plan supports the requested conditional use within the district, and directs the city to thoughtfully plan transitions between distinctly differing types of land uses in and orderly fashion to minimize the potential negative impacts on adjoining developments. IV. Background The applicant wishes to open a church in the multi -tenant building located at 9220 Bass Lake Road, which is zoned R -O, Residential Office. Public, educational, and religious uses are allowed by conditional use permit within the district. The church will operate within a small portion of the building by utilizing an existing 1,182 square foot conference room for their services and related Planning Case Report 19-01 Page 1 2/01/19 activities. To accommodate the expected growth of the church, the applicant has appheci for a CUP that will allow the church to expand into a larger 4,500 square foot space within the same building. At that time, church activities would be conducted in both spaces, for a total footprint of 5,682 square feet. The expansion area is located in a separate area of the building, and not connected to the smaller conference room. V. Zoning Analysis A. Plan Description 1. Parking Religious buildings are required to have one parking stall per three seats in the main assembly hall. The applicant ultimately wants to occupy a total of 5,700 square feet within the commercial facility, with a total seating capacity of 250. In all cases, parishioners will be seated on individual chairs. Based upon this desired future capacity and seating arrangement, the church will require 83 off-street parking spaces. The site plan illustrates a total of 220 available parking stalls for the entire building. When calculating the parking demand for this proposal, it is important to consider the hours of operation for other tenants that are located within the building and compare their operations to those of the church. The proposed hours of operation and attendance for the initial church uses are listed in the table below. Use Time Occupancy Sunday Service 10:30 -12:00 20-60 persons Other Meetings One weeknight a month, one hour after normal business hours of other tenants 50 persons max Wednesday Bible Study c 7:00 - 8:30 p.m. 12 persons max ` To provide an understanding of potential overlap issues, the applicant has provided a listing of current tenants. All building tenants, other than the proposed church, operate during the normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. The Hope Clinic and Bass Lake Chiropractic are also open on Saturday mornings from 9:00 a.m. to 12:00 p.m. The hours of other building tenants are complementary to the proposed church related uses. As a result, the available off-street parking supply is considered adequate for all building operations. 2. Signage A signage plan was not submitted with the application. Any new signage will require a sign permit after staff review. Planning Case Report 19-01 Page 2 2/01/19 3. Building and Fire Code As part of the conditional use permit application process, the applicant must demonstrate that the church spaces to be occupied meet all applicable building and fire code requirements. The applicant has submitted a fire prevention plan, and this plan is subject to the review and approval of the Fire Marshal. A copy of the Fire Marshal's preliminary assessment of the proposed use is attached to this report. B. Zoning Code Criteria 1. Conditional Use Permit (CUP) Criteria. The Planning Commission and City Council shall consider the possible adverse effects of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the City Council and Planning Commission shall find that the conditional use permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. (1) Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city. Findings. The proposed use of the building is consistent with the intent of the Comprehensive Plan, which calls for thoughtful land use transitions between distinctly different land uses. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. Findings. The proposed use of the building is consistent with allowable uses in the R- 0 O District. The addition of the proposed use to the multi -tenant building is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms to all applicable performance standards outlined in the Zoning Code. Findings. Staff concluded that the proposed use conforms to all applicable performance standards outlined in the Zoning Code. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Findings. The use of a portion of the building as a church will not depreciate the area's value. The addition of a new church to the community should contribute to the character of the neighborhood in a positive way. Planning Case Report 19-01 Page 3 2/01/19 (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. Per Code Section 4-10(e) (1), Public, educational and religious buildings are a conditional use within the R -O Residential Office District with the following criteria: • Side yards shall be double that required for the district, but not greater than 30 feet. Findings. This prescribed side yard setback standard is being met. C. Design and Review Committee The Design and Review Committee met on January 17, 2019, to consider the proposal. The committee was in favor of the project. D. Approval 1. Type of Approvals 2. Timeline a. Conditional Use Permit - quasi judicial a. Date Application Received: January 11, 2019 b. End of 60 -Day Decision Period: March 12, 2019 c. End of 120 -Day Decision Period: May 11, 2019 VI. Petitioner's Comments Petitioner's comments are attached. Vll. Notification Property owners within 500 feet of parcel were notified by mail, a land use petition sign was placed on the property, and a legal notice was published in the SunPost newspaper. Staff has received some questions and comments regarding the proposal. Most questions have centered on the church's hours of operation and parking requirements. A copy of email correspondence with one New Hope resident is attached to this report. Vill. Summary The proposed church operating within the multi -tenant building located at 922U (sass Lake Road is allowed by conditional use permit. Because the church will be placed in an existing building with other tenants, the primary concern from a site planning perspective is available off-street parking. The applicant has demonstrated that there is ample parking available to meet the needs of all building users. If the church exceeds its present growth goals, the issue of available parking and hours of operation may be addressed at a later date through the CUP amendment process. Planning Case Report 19-01 Page 4 2/01/19 IX. Recommendation Based on review of the application, staff recommends approval of the requested conditional use permit with the following conditions: 1. The CUP is approved based on the tenant occupancy and church hours of operation presented with this application. If conditions change that create an increase in parking demand beyond current capacity, the property owner will be required to construct additional parking or adjust building operations to fit within the current parking available. 2. Approval of the CUP is contingent upon a complete review and approval of the building and fire prevention plans by the Fire Marshal and Building Official. Attachments: • Application, narrative, and plans • Planning consultant memorandum (1/30/19) i West Metro Fire memorandum (1/16/19) • Fire protection plan • Resident comments and questions Planning Case Report 19-01 Page 5 2/01/19 City of New Hope Community Development P 4401 Xyion Ave N •New Hope MN 55428 •Phone: 763-531-5110 • Fax: 763-531-5136 • newhopemn.pv J,Application to Planning Commission and City Council Case # 0, " a I Planning Deadline k I v51 I Receipt # _. Q�ftN _ Received by Basic Fee Deposit Land Use Petition Signs(s) Name of Applicant Y Phone: {►tea 1 ��1rJ 1 Applicant Address: Street Location of Property-�= FAi5 j a kto-Road PID: f Legal Description of Property: 1 JA Wdilt- OWNER OF RECORD: Name: 162 r ... 1-0 M i 1 K K/I 1r4-0 P r9�t11 A Home Phone:' -763 9— Work Phone:r a y 561 15373 7 t Fax: Applicant's nature of Legal or Equitable Interest: 55 Type of Request: (pertaining to what section of City Code) Please outline Description of Request, (use additional pages if necessary) Why Should Request be Granted: (Attach narrative to application form if necessary) ri T44 City of New Hope Community Development IV 4401 Xylon Ave N • New Hope MN 55428 • Phone: 763-531-5110 • Fax: 763-531-5136 • newhopen.gov Application to Planning Commission and City Council m Applicant acknowledges that before this request can be considered and/or approved, all fees, including the basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city. There are three city consultants — legal, planning, and engineering - that generate additional expenses. Expenses incurred that exceed the amount of the zoning deposit will be billed and are the responsibility of the applicant. The city hereby notifies the applicant that state law requires that the development review be completed within 60 days from the city's acceptance of this application. If the development review cannot be completed within 60 days, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state.law. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant in writing. The Community Development Department will notify you of all meet Signed: Fee Owner (print or type name) r Applicant Other than Owner (print or type) Evidence of Ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting:. FOR CITY USE ONLY Yes No Required Yes No Required Yes No Required Yes No Required Date of Planning Corrunission Meeting: Approved: By Planning Commission on: Approved: By City Council on: Subject to the following conditions: Denied: Denied: -r City of New Hope Community Development 4441 Xylon Ave N • New Hope MN 55426 • Phone: 763-531-5110 • Fax: 763-531-5136 • newhopemn.gov Application to Planning Commission and City Council ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action, and that I am responsible for complying with all city requirements with regard to this request. This application should be processed in my name and I am the party whom the city should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines ,for submission of material and of the progress of this application. I understand that this application may be reviewed by city staff and consultants. I further understand that additional information may be required for review of this application. I agree to pay to the city upon demand, expenses, determined by the city, that the city incurs in reviewing this application and shall provide an escrow deposit to the city in an amount to be determined by the city's established fee schedule. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses, other consultant expenses, and finance charges which may include late payments and collection fees. I understand that if expenses for these services exceed the amount of the escrow deposit, they will be billed to me by the city and I agree to pay them. I agree to allow access by city personnel to the property for purpose of review of my application and to place a temporary sign indicating the application proposed (if required). Signature zlmw—� Date l 1 / 1 Name of applicant Date1./19(please print) Fee owner contact information (if other than applicant) Name Address'IRCLS M 11—-4 - / ! ■ ,V Date: January 24, 2019 To: City of New Hope From: David GramsNaliant Church Subject: Extended Narrative of Church Activities (Description of Request): 1. Every Sunday (and only on Sundays) from 10:30-12pm, we will hold a church service with an expected attendance of 20-60 people in the conference room of the building (1,182 square feet at 9220 Bass Lake Rd). To accommodate future growth of the church's attendance numbers, we will be moving Sunday services into a larger space in the building (Suite 330; approximately 4500 square feet) once we meet the maximum occupancy of 60 in the conference room. We plan to lease and move into Suite 330 in June of 2019. Our plan is to occupy only half of the space available in Suite 330, which would amount to about 2400 square feet. No walls or partitions will be added to the church space at that time. 2_ On occasion (typically once per month on a weeknight, as our monthly schedule determines), we will hold volunteer appreciation meetings, small groups training sessions, or various celebrations in the conference room (1,182 square feet), with an expected attendance of 10-50 people. These meetings will take glace at least one hour after the other tenants normal business fours. 3. As of early -mid 2019, Valiant Church will not be organizing a segregated Children's Ministry/Sunday School; children will be welcomed in the main services in the conference room. When the day comes that weekly attendance in the main service grows enough that we be required to move out of the conference room and into the larger space (suite 330), children's ministry will then be provided in the conference room (occupancy remains 60 people). 4. Current scheduled activities are as follows: A. Wednesday Bible Study, 7-8:30 p.m., held in the conference room with five, and up to twelve people. B. Sunday Bible Study, 9:30-12:30 p.m., held in the conference room with 5-20 people. C. Upon city approval, we will begin regular Sunday church services in the conference room. Once we move from the conference room into Suite 330 (June 2019), if attendance exceeds 250 people, we will hold two services on Sunday as the Landlord will not permit more than 250 people at one time in Suite 330. 5. NOTE: According to the Fire Marshall, occupancy loads are 60 people for the floor area in the Conference Room and up to 643 in Suite 330. However, we will ensure that total attendance at each event/service does not exceed 250 people, as the Landlord has required. 6. A drop-off parking lane is clearly marked at the Main Entrance to the building which includes a marked side entrance with handicapped accessibility. There are handicapped parking spaces available near the drop-off and the main entrance. A standing, exterior sign will be posted to mark the main entrance to the building. 7. There will be no street parking as it is not allowed by the Landlord. All parking will be in the designated off street parking in the parking lot which has 220 parking stalls (9220 Bass Lake Road) 8. An exterior building sign is permitted by the Landlord on the southwest or west side of the building. The sign allowed may be up to four feet wide, by twenty-five feet long, and must not be lit. One, large exterior stand-alone sign is permitted but we do not foresee that at the present. 9. A listing of the current building tenants is attached. All of the tenant's normal business hours are from 7:00 am. - 6:00 p.m. Monday — Friday. The following tenant's are also open on Saturday mornings from 9:00 a.m. - 12:00 p.m.: Hope Clinic and Bass Lake Chiropractic. Valiant Church activities/events will not be held during the other tenant's normal business hours and. will begin at 7:00 p.m., or later Monday — Friday. Weekend events are posted on a building calendar so that the tenants and the Landlord are made aware of all scheduled activities in the building. The Landlord requests that prior approval for use of common areas (the Atrium or the Conference Room), is required from all tenants. 10. A floor plan is attached which illustrates the locations in the building which Valiant Church will be using. All exits are marked on the floor plan and a fire exit map is posted inside the door of Suite 330. All fire exits in the building are clearly marked with panic hardware. Panic hardware will be installed, along with a second exit door, prior to Valiant Church moving into Suite 330. 11. The building is currently in compliance with fire codes. The Landlord has been made aware of the requirements for panic hardware on the Suite 330 exit door and for a second exit door to be installed by June 1, when Valiant Church plans to lease 2400 square feet of Suite 330. * All and any other activities, under the administration of Valiant Church not noted here, will take place at different locations (not on the property of 9220 Bass Lake Road). January 2019 To: City of New Hope From: David Grams January 25, 2019 Tenant List business hours are Monday through Friday, 7:00 a.m. to 6:00 pm., unless noted otherwise: Adams Realty AgapKind Media Ministry All Around Supply America Family Insurance American National Ins. Amin Aasar Attorneys Title Bass Lake Chiropractic: Saturdays: 9:00 - 11:00 a.m. Cady Building Maintenance CCS Community Mediation Crosstown Insurance Delight Transportation Downstairs Storage Edge Home Finance Fairview Medical Greater Midwest Realty Hanson Agencies/Landahl Hoissen, Inc Jason Alexander Jetts Express Lighting of Minnesota Living Life Home Care McMillan Wallace Law MCPA Midwest Cam Solutions Millenium Ctr for Arts Hope Clinic: Sat, 9 a.m.-12p PCCS Primerica Prudential Insurance Square D Storage Susan Riekels Thrivent Financial VONA Volunteers of America Valiant Ministries (David Grams): Bible Studies - night and weekends PLAN Br By Paul Stroth�er UPPER 20 BABE LAKE ROAD NEW ROPE ONNE80TA �.' ARCMTK T r� owl l�OI IWIrI Chi fog CkNMti YPACZ (Confej�62 Rcr)m) I& 5eA4iT -I;r- 5 lxty CO Jr� )' 6/6 I 5542:{. NORTHWEST ASSOCIATED CONSULTANTS" INC. 4150 Olson Memorial Highway, Telephone: 763.957.1100 www.nacp[anning.com MEMORANDUM TO: Jeff Sargent FROM: Bob Kirmis /Alan Brixius DATE: January 30, 2019 RE: New Hope Valiant Church CUP FILE NO: 131.01 - 19.01 BACKGROUND Ste. 320, Golden Valley, MN Website: David Grams, on behalf of Valiant Church, has requested the approval of a conditional use permit to allow the location of a church use within a portion of an approximate 80,000 square foot, multi -tenant commercial center located north of Bass Lake Road and east of U.S. Highway 169 (9220 Bass Lake Road). The applicants wish to occupy approximately 5,700 of the building to conduct religious and ministry services. The subject property is zoned R -O, Residential -Office. In such districts, religious uses (churches, chapels, temples and synagogues) are allowed by conditional use permit. Thus, approval of a conditional use permit (CUP) is necessary to accommodate the proposed site activities. ISSUES AND ANALYSIS Facility Uses I Schedule. Maximum use of the religious facility will be Sunday morning services which are to be held from 10:30 am to 12:00 pm. Additional facility uses and schedules include the following: Uses Time Comments Sunday Services10;30 — 12;00 20 -60 persons Group meetings, volunteer ; Once weeknight a month; at Maximum of 50 persons association meetings, least one hour after the normal training sessions, business hours of other celebrations etc. building tenants Wednesday Bible Stud 7:00-8:30 prn Maximum of 12 persons Sunday Bible Stud 19:30-12:30 pm I Maximum of 20 persons Off -Street Parking Parking Supply, In consideration of the proposed off-street parking supply, a determination must be made that ample off-street parking can be provided upon the subject site to serve expectant demand. The site plan illustrates a total of 220 off street parking stalls. Of particular issue is the handling of off-street parking during special church events which may conflict with peak demand time of other building tenants (such as Saturday weddings). According to the Zoning Ordinance, church uses must provide at least one off- street parking space for each three seats based on the design capacity of the main assembly hall. Additional facilities (uses) provided in conjunction the assembly activity are subject to additional parking supply requirements of the Ordinance. As noted, the applicants wish to occupy approximately 5,700 square feet of the commercial center. Initially, the applicants plan to use a 1,182 square foot conference room for church services (with a maximum capacity of 60 persons). At such time when additional assembly space is needed (due to congregation growth), the applicants plan to utilize a 4,500 square foot suite within the building for services. Also, at that time, the previous conference room assembly space will be utilized for children's ministry (a maximum of 60 persons). Following the move to the larger assembly space, the applicants have indicated that their Sunday religious services will not exceed 250 persons. In consideration of off-street parking supply requirements, the maximum assembly capacity of 250 persons must be considered (the children's ministry space can be excluded). In this regard, a minimum of 83 off-street parking stalls are required, plus those required for other simultaneous uses. Provided there are no Sunday conflicts with other building tenants, the proposed parking supply is considered adequate. Joint Parking. The Zoning Ordinance allows for joint parking by conditional use permit when church activities are scheduled at times which will not conflict with the peak parking times of the other business uses in the building. Up to 80 percent of the required parking for the church may consist of joint parking. To provide an understanding of potential overlap of off-street parking demands, the applicant has provided a listing of current building tenants. All building tenants, other than the proposed church use, have normal business hours of 7:00 am to 2 6:00 pm Monday through Friday. The Hope Clinic and Bass Lake Chiropractic are also open on Saturday mornings (from 9:00 am to 12:00 pm). The hours of other building tenants are considered complementary to the proposed church -related uses. As a result, the proposed off-street parking supply is considered adequate and the processing of a conditional use permit for joint parking is not considered necessary. Parking for the Disabled. The applicant has indicated that ample parking for the disables is presently provided near the commercial center's primary entrance in the southwest corner of the building. Access to church -related uses will be provided from such main entrance. For a parking supply of 220 spaces, seven spaces must be reserved for use by disabled persons. As a condition of conditional use permit approval, the applicant must demonstrate that at least seven spaces presently exist upon the subject site. Drop-off Lane. The church use will utilize an existing drop-off lane located at the southwest corner of the building. Building and Fire Code Requirements. As a condition of conditional use permit approval, the applicants must demonstrate that space to be occupied meets applicable Building and Fire Code requirements for places of assembly. Appropriately, a fire prevention plan has been submitted for review by the applicants. As a condition of conditional use permit approval, such plan must be subject to review and approval by the City Fire Marshal. To be noted is that no kitchen or cooking facilities are proposed. The applicants have indicated that any food service activities which take place in the building will be catered. Signage. The applicants have indicated that a wall sign up to 100 square feet in size (25'x 4') sign is allowed by building management. It has not however, been indicated if a new (or replacement) wall sign is proposed. If a new (or replacement?) wall sign is proposed, a sign plan must be submitted which illustrates the location and dimensions of all new exterior signage (freestanding and wall signs). All signs must be subject to sign permit. RECOMMENDATION The proposed church is an allowed conditional use in the R -O, Residential -Office zoning district. Based on the preceding review, our office recommends approval of the requested conditional use permit for the Church and Joint parking subject to the fulfillment of the following conditions: 3 1. The applicant provides documentation that seven parking stalls, reserved for use by the disabled, exist upon the subject site. Joint parking CUP is approved based on the tenant occupancy and the Church hours of operation presented with this application. If conditions change that create parking on -street or on-site parking outside of approved parking stalls the applicant /property owner will be required to construct additional parking to meet the site's parking demand. 2. The applicants demonstrate that space to be occupied by the religious facility meets applicable Building and Fire Code requirements for places of assembly. 3. The submitted fire prevention plan shall be subject to review and approval by the City Fire Inspector. 4. Cooking 1 kitchen facilities within the subject tenant space shall not be allowed without proper review and permitting by the City Fire Marshall andlor Building Official. 5. Any new signs to be erected upon the subject property, including wall signs, shall be subject to sign permit. 6. Comments of other City Staff. CC. Aaron Chirpich Jeff Alger Jessi Weber Dean Blom 4 WEST METRO FIRE -RESCUE DISTRICT serving the Cities of •Crystal -New Nope Neigbbors ,Serving Neigbbors 4251 Xylon Ave N. New Hope, MN 55428 Voice 763.230.7000 Fax 7633.230.7029 January 16, 2019 Re: Review and Comments from West Metro Fire -Rescue District for 9220 Bass Lake Road. Suite 330 and Conference room. West Metro Fire -Rescue conducted a preliminary review for Valiant Church at the above mentioned address. The following items that are listed below are either comments or requirements per West Metro Fire -Rescue Districts Policies, City Ordinances and the 2015 Minnesota Fire Code and NFPA Standards: I , A I hour separation will be required between the church (assembly Occupancy), and the business offices (Suite 330 and conference room). 2. Conference room we will need to verify exits signs are working properly and there is an occupant load sign stating 60 people. 3. Here are the occupant load requirements for suite #330: 2400 N, p.: * 343 people (chairs only) 160 people (tables and chairs only 480 people(No chairs or tables) 4500 K. ft.: • 643 people (chairs only) • 300 people (tables and chairs only) ■ 900 people (no chairs or tables) Provide occupancy signage by exit door indicated occupant loads. 4. Panic hardware would be required on all exit doors. 5. A minimum of 2 exits would be required for the 2400 sq. ft. area. The 4500 sq. ft. area 3 exits would be required. 6. Provide a detailed floor pian of how the space would be used (Example worship area and Sunday school areas). 7. Will you be adding additional walls to make rooms, or will it just stay an open space? if you are adding walls permits will be required, and fine alarm and sprinkler system may have to be adjusted for proper coverage. 8. Verify that there is the proper number of exit and emergency lights in the space, and they are working. You may need additional exit and emergency lights. 9. Verify that fire extinguisher coverage is adequate for spaces. Additional lire extinguishers may be required. 1f you have any questions or concerns feel free to contact Shelby Wolf, Deputy Fire Marshal at (763) 230-7006. Sincerely, Shelby Wolf Deputy Fire Marshal www.westme-trofire.com Fire Prevention Plan For Valiant Church Fire Prevention Plan Table of Contents 1. Objective II. Background III.. Assignment of Responsibility IV. Plan Implementation A. Good Housekeeping B. Maintenance V Types of Hazards A. Electrical Hazards B. Portable Heaters C. Office Fire Hazards D. Cutting, Welding, and Open Flame Work E. Flammable and Combustible Materials F. Smoking VI. Training VII. Program Review VIII:. Attachments A. Fire Risk Survey B. General Fire Prevention Checklist C. Exits Checklist D. Flammable and Combustible Material Checklist Valiant Church Fire Prevention Plan L OBJECTIVE The purpose of this Fire Prevention Plan is to eliminate the causes of fire, prevent loss of life and property by fire. It provides employees with information and guidelines that will assist them in recognizing, reporting, and controlling fire hazards. IL BACKGROUND Valiant Church is committed to minimizing the threat of fire to employees, visitors, and property, Valiant Church complies with all applicable laws, regulations, codes, and good practices pertaining to fire prevention_ Valiant Church's separate Emergency Action Plan spells out the procedures for responding to fires. This Fire Prevention Plan serves to reduce the risk of fires at Valiant Church New Hope SIN in the following ways: A. identifies materials that are potential fire hazards and their proper handling and storage procedures; B. distinguishes potential ignition sources and the proper control procedures of those materials; C. describes fire protection equipment and/or systems used to control fire hazards; D. identifies persons responsible for maintaining the equipment and systems installed to prevent or control ignition of fires; E. identifies persons responsible for the control and accumulation of flammable or combustible material; F. describes good housekeeping procedures necessary to insure the control of accumulated flammable and combustible waste material and residues to avoid a fire emergency; and G. provides training to employees with regard to fire hazards to which they may be exposed. Illi. ASSIGNMENT OF RESPONSIBILITY Fire safety is everyone's responsibility. All employees should know how to prevent and respond to fires, and are responsible for adhering to company policy regarding fire emergencies. A. Management Management determines the Valiant Church fire prevention and protection policies. Management will provide adequate controls to provide a safe workplace, and will provide adequate resources and training to its employees to encourage fire prevention and the safest possible response in the event of a fire emergency. B. Plan Administrator Marcy Grams s shall manage the Fire Prevention Plan for Valiant Church, and shall maintain all records pertaining to the plan. The Plan Administrator shall also: 1. Develop and administer the Valiant Church fire prevention training program. 2. Ensure that fire control equipment and systems are properly maintained. 3. Control fuel source hazards. 4. Conduct fire risk surveys (see Appendix A) and make recommendations. C. Supervisors Supervisors are responsible for ensuring that employees receive appropriate fire safety training, and for notifying building landlord when changes in operation increase the risk of fire. Supervisors are also responsible for enforcing Valiant Church fire prevention and protection policies. D. Employees All employees shall: 1. Complete all required training before working without supervision. 2. Conduct operations safely to limit the risk of fire. 3. Report potential fire hazards to their supervisors. 4. Follow fire emergency procedures. IV. PLAN INWLEMENTATION A. Good Housekeeping To limit the risk of fires, employees shall take the following precautions: 1. Minimize the storage of combustible materials. 2. Make sure that doors, hallways, stairs, and other exit routes are kept free of obstructions. 3. Dispose of combustible waste in covered, airtight, metal containers. 4. Use and store flammable materials in well -ventilated areas away from ignition sources. 5. Use only nonflammable cleaning products. 6. Keep incompatible (i.e., chemically reactive) substances away from each other. 7. Perform "hot work" (i.e., welding or working with an open flame or other ignition sources) in controlled and well -ventilated areas. 8. Keep equipment in good working order (i.e., inspect electrical wiring and appliances regularly and keep motors and machine tools free of dust and grease. 9. Ensure that heating units are safeguarded. 10. Report all gas leaks immediately. Building Landlord shall ensure that all gas leaks are repaired immediately upon notification. 11. Repair and clean up flammable liquid leaks immediately. 12. Keep work areas free of dust, lint, sawdust, scraps, and similar material. 13. Do not rely on extension cords if wiring improvements are needed, and take care not to overload circuits with multiple pieces of equipment. 14. Ensure that required hot work permits are obtained. 15. Turn off electrical equipment when not in use. B. Maintenance The butidinir landlord will ensure that equipment is maintained according to manufacturers' specifications. Valiant Church will also comply with requirements of the National Fire Protection Association (NFPA) codes for specific equipment. Only properly trained individuals shall perform maintenance work_ The following equipment is subject to the maintenance, inspection, and testing procedures: 1, equipment installed to detect fuel leaks, control heating, and control pressurized systems; 2. portable fire extinguishers, automatic sprinkler systems, and fixed extinguishing systems; 3. detection systems for smoke, heat, or flame; 4. fire alarm systems; and 5. emergency backup systems and the equipment they support. The following sections address the major workplace fire hazards at Valiant Church's facilities and the procedures for controlling the hazards. A. Electrical Fire Hazards Electrical system failures and the misuse of electrical equipment are leading causes of workplace fires. Fires can result from loose ground connections, wiring with frayed insulation, or overloaded fuses, circuits, motors, or outlets. To prevent electrical fres, employees shall. 1. Make sure that worn wires are replaced. 2. Use only appropriately rated fuses. 3. Never use extension cords as substitutes for wiring improvements. 4. Use only approved extension cords [i.e., those with the Underwriters Laboratory (UL) or Factory Mutual (FM) label]. 5. Check wiring in hazardous locations where the risk of fire is especially high. 6. Check electrical equipment to ensure that it is either properly grounded or double insulated. 7. Ensure adequate spacing while performing maintenance. B. Portable Heaters All portable heaters shall be approved by building landlord. Portable electric heaters shall have tip -over protection that automatically shuts off the unit when it is tipped over. There shall be adequate clearance between the heater and combustible furnishings or other materials at all times. C. Office Fire Hazards Fire risks are not limited toValiant Church's industrial facilities. Fires in offices have become more likely because of the increased use of electrical equipment, such as computers and fax machines. To prevent office fires, employees shall; 1. Avoid overloading circuits with office equipment. 2. Turn off nonessential electrical equipment at the end of each workday. I Keep storage areas clear of rubbish. 4. Ensure that extension cords are not placed under carpets. 5. Ensure that trash and paper set aside for recycling is not allowed to accumulate. D. Cutting, Welding, and Open Flame Work Building landlord will ensure the following: 1. All necessary hot work permits have been obtained prior to work beginning. 2. Cutting and welding are done by authorized personnel in designated cutting and welding areas whenever possible. I Adequate ventilation is provided. 4. Torches, regulators, pressure -reducing valves, and manifolds are UL listed or FM approved. 5. Oxygen -fuel gas systems are equipped with listed and/or approved backflow valves and pressure -relief devices. 6. Cutters, welders, and helpers are wearing eye protection and protective clothing as appropriate. 7. Cutting or welding is prohibited in sprinklered areas while sprinkler protection is out of service. 8. Cutting or welding is prohibited in areas where explosive atmospheres of gases, vapors, or dusts could develop from residues or accumulations in confined spaces. 9. Cutting or welding is prohibited on metal walls, ceilings, or roofs built of combustible sandwich -type panel construction or having combustible covering. 10. Confined spaces such as tanks are tested to ensure that the atmosphere is not over ten percent of the lower flammable limit before cutting or welding in or on the tank. 11. Small tanks, piping, or containers that cannot be entered are cleaned, purged, and tested before cutting or welding on them begins. 12. Fire watch has been established. E. Flammable and Combustible Materials Buildingandlord shall regularly evaluate the presence of combustible materials at Valiant Church (see Appendix D). Certain types of substances can ignite at relatively low temperatures or pose a risk of catastrophic explosion if ignited Such substances obviously require special care and handling. 1. Class A combustibles. These include common combustible materials (wood, paper, cloth, rubber, and plastics) that can act as fuel and are found in non -specialized areas such as offices. To handle Class A combustibles safely; a. Dispose of waste daily. b. Keep trash in metal -lined receptacles with tight -fitting covers (metal wastebaskets that are emptied every day do not need to be covered). c. Keep work areas clean and free of fuel paths that could allow a fire to spread. d. Keep combustibles away from accidental ignition sources, such as hot plates, soldering irons, or other heat- or spark -producing devices. c. Store paper stock in metal cabinets. f Store rags in metal bins with self-closing lids. g. Do not order excessive amounts of combustibles. h. Make frequent inspections to anticipate fires before they start. Water, multi-purpose dry chemical (ABC), and halon 1211 are approved fire extinguishing agents for Class A combustibles. 2. Class B combustibles. These include flammable and combustible liquids (oils, greases, tars, oil-based paints, and lacquers), flammable gases, and flammable aerosols. To handle Class B combustibles safely_ a. Use only approved pumps, taking suction from the top, to dispense liquids from tanks, drums, barrels, or similar containers (or use approved self-closing valves or faucets). b_ Do not dispense Class B flammable liquids into containers unless the nozzle and container are electrically interconnected by contact or by a bonding wire. Either the tank or container must be grounded. c. Store, handle, and use Class B combustibles only in approved locations where vapors are prevented from reaching ignition sources such as heating or electric equipment, open flames, or mechanical or electric sparks. d. Do not use a flammable liquid as a cleaning agent inside a building (the only exception is in a closed machine approved for cleaning with flammable liquids). e. Do not use, handle, or store Class B combustibles near exits, stairs, or any other areas normally used as exits. f: Do not weld, cut, grind, or use unsafe electrical appliances or equipment near Class B combustibles. g. Do not generate heat, allow an open flame, or smoke near Class B combustibles. h. Know the location of and how to use the nearest portable fire extinguisher rated for Class B fire. Water should not be used to extinguish Class B fires caused by flammable liquids. Water can cause the burning liquid to spread, making the fire worse. To extinguish a fire caused by flammable liquids, exclude the air around the burning liquid. The following fire -extinguishing agents are approved for Class B combustibles: carbon dioxide, multi-purpose dry chemical (ABC), halon 1301, and halon 1211. (NOTE: Halon has been determined to be an ozone-depleting substance and is no longer being manufactured. Existing systems using halon can be kept in place.) F. Smoking Smoking is prohibited in all Valiant Church buildings. Certain outdoor areas may also be designated as no smoking areas. The areas in which smoking is prohibited outdoors are identified by NO SMOKING signs. Marcy Grams shall present basic fire prevention training to all. employees upon employment, and all maintain documentation of the training, which includes: A. review of 29 CFR 1910.38, including how it can be accessed, B. this Fire Prevention Plan, including how it can be accessed; C. good housekeeping practices; D. proper response and notification in the event of a fire; E. instruction on the use of portable fire extinguishers (as determined by company policy in the Emergency Action Plan); and F. recognition of potential fire hazards. Supervisors shall train employees about the fire hazards associated with the specific materials and processes to which they are exposed, and will maintain documentation of the training. Employees will receive this training: A. at their initial assignment; B. annually; and C. when changes in work Processes necessitate additional training. VII. PROGRAM REVIEW Marry Grams shall review this Fire Prevention Plan at least annually for necessary changes. Appendix A Fire Risk Survey Valian Church Type of Fire Hazard Location Emerg_qncy Actions Required PPE Completed by: Date: Appendix B Valiant Church General Fire Prevention Checklist Use this checklist to ensure fire prevention measures conform with the general fire prevention requirements found in OSHA standards. Li Yes ❑ No Is the local fire department acquainted with your facility, its location, and specific hazards? Yes Li No If you have a fire alarm system, is it tested at least annually? ❑ Yes o No If you have interior stand pipes and valves, are they inspected. regularly? Yes o No If you have outside private fire hydrants, are they on a routine preventive maintenance schedule and flushed at least once a year? ❑ Yes ❑ No Are fire doors and shutters in good operating condition? ❑ Yes ❑ No Are fire doors and shutters unobstructed and protected against obstructions, including their counterweights? ❑ Yes ❑ No Are automatic sprinkler system water control valves, air pressure, and water pressure checked weekly or periodically? o Yes ❑ No Has responsibility for the maintenance of automatic sprinkler systems been assigned to an employee or contractor? ❑ Yes ❑ No Are sprinkler heads protected by metal guards? ❑ Yes ❑ No Is proper clearance maintained below sprinkler heads? Yes ❑ No Are portable fire extinguishers provided in adequate number and type?* n Yes ❑ No Are fire extinguishers mounted in readily accessible locations?* ❑ Yes ❑ No Are fire extinguishers recharged regularly with the recharge date noted on an inspection tag?* ❑ Yes ❑ No Are employees periodically instructed in the use of extinguishers and fire protection procedures?* *(NOTE: Usc of fire extinguishers is based on company policy regarding employee fire fighting is your Emergency Action Plan and local fire code_) Completed by: Date: Appendix C Variant Church Exits Checklist Use this checklist to evaluate Valiant Church's compliance with OSHA's standard. on emergency exit routes. u Yes ❑ No Is each exit marred with an exit sign and illuminated by a reliable light source? Yes No Are the directions to exits, when not immediately apparent, marked with visible signs? ❑ Yes ❑ No Are doors, passageways, or stairways that are neither exits nor access to exits, and which could be mistaken for exits, marked "NOT AN EXIT" or other appropriate marking? a Yes No Are exit signs provided with the word "EXIT" in letters at least five inches high and with lettering at least one inch wide? Yes p No Are exit doors side -hinged? Yes ❑ No Are all exits kept free of obstructions? o Yes --No Are there at least two exit routes provided from elevated platforms, pits, or rooms where the absence of a second exit would increase the risk of injury from hot, poisonous, corrosive, suffocating, flammable, or explosive substances? a Yes ❑ No Is the number of exits from each floor of building and from the building itself appropriate for the building occupancy? (NOTE: Do not count revolving, sliding, or overhead doors when evaluating whether there are sufficient exits.) Yes No Are exit stairways that are required to be separated from other parts of a building enclosed by at least one-hour fire-resistant walls (or at least two-hour fire-resistant walls in buildings over four stories high)? ❑ Yes o No Are the slopes of ramps used as part of emergency building exits limited to one foot vertical and 12 feet horizontal? o Yes --,,No Are glass doors or storm doors fully tempered, and do they meet the safety requirements for human impact? ❑ Yes ❑ No Can exit doors be opened from the direction of exit travel without the use of a key or any special knowledge or effort? ❑ Yes --,.,No Are doors on cold storage rooms provided with an inside release mechanism that will release the latch and open the door even if it's padlocked or otherwise locked on the outside? n. Yes ❑ No Where exit doors open directly onto any street, alley, or other area where vehicles may be operated, are adequate barriers and warnings provided to prevent employees from stepping into the path of traffic? Yes ❑ No Are doors that swing in moth directions and are located between rooms where there is frequent traffic equipped with glass viewing panels? Completed by: Date: Appendix D Valiant Church Flammable and Combustible Material Checklist Use this checklist to evaluate Valiant Church's compliance with OSHA's standards on flammable and combustible materials.- Dyes aterials; ❑Yes ONO Are combustible scrap, debris, and waste materials such as oily rags stored in: covered metal receptacles and removed from the worksite promptly? ❑Yes ONO Are approved containers and tanks used for the storage and handling of flammable and combustible liquids? Dyes ONO Are all connections on drums and combustible liquid piping vapor and liquid tight? Dyes ONO Are all flammable liquids kept in closed containers when not in use? ❑Yes ❑No Are metal drums of flammable liquids electrically grounded during dispensing? ❑Yes ONO Do storage rooms for flammable and combustible liquids have appropriate ventilation systems? Dyes ONO Are NO SMOKING signs posted on liquefied petroleum gas tanks? Dyes ❑No Are all solvent wastes and flammable liquids kept in fire-resistant covered containers until they are removed from the worksite? Dyes ONO Is vacuuming used whenever possible rather than blowing or sweeping combustible dust? ❑Yes ❑No Are fuel gas cylinders and oxygen cylinders separated by distances or fire- resistant barriers while in storage? ❑Yes ONO Are fire extinguishers appropriate for the materials in the areas where they are mounted?* Dyes ONO Are appropriate fire extinguishers mounted within 75 feet of outside areas containing flammable liquids and within 10 feet of any inside storage area for such materials?* Dyes ONO Are extinguishers free from obstruction or blockage?* [ayes ❑No Are all extinguishers serviced, maintained, and tagged at least once a year?* Dyes ONO Are all extinguishers fully charged and in their designated places?* ❑Yes ONO Where sprinkler systems are permanently installed, are the nozzle heads directed or arranged so that water will not be sprayed into operating electrical switchboards and equipment? Dyes ❑No Are NO SMOKING signs posted in areas where flammable or combustible materials are used or stored? Dyes ONO Are safety cans utilized for dispensing flammable or combustible liquids at the point of use? Dyes ONO Are all spills of flammable or combustible liquids cleaned up promptly? Dyes ONO Are storage tanks adequately vented to prevent the development of an excessive vacuum or pressure that could result from filling, emptying, or temperature changes? *(NOTE.- Use of fire extinguishers is based on company policy regarding employee fire fighting in your Emergency Action Plan and local fire code.) Completed by- Date: Sargent Jeff From: Debbie <dkt310@aol.com> Sent: Friday, January 25, 2019 9:15 AM To: Sargent Jeff Subject: Re: question about proposed church 9220 Bass Lake Road Thanks so much. 30-40 people, in my thoughts, is fine. I was just afraid that it would be a new "mega" church. Thanks much! Debbie Sent from my Whone On Jan 25, 2019, at 8:38 AM, Sargent Jeff <jsar ent 4,newhobemn^grov> wrote: Ms. Pawlowski, Thank you for your questions related to the proposed church located at 9220 Bass Lake Road. I've attached the narrative that the applicant submitted that explains a bit about their operations and plans for growth in the future. Currently, they are looking to occupy a 1,182 square foot room in the building, which would accommodate about 20-40 parishioners. Their plans are to grow into a 4,500 square foot conference room, which could accommodate 250 or so parishioners. They are not looking to take over the entire building. There are also no plans to add an entrance to the building from Bass Lake Road, as all traffic will enter from Gettysburg. The city does not require the applicant to disclose the type of religion that will be practiced, so we do not know. If you have any other questions, please let me know. The public hearing to review this proposal will be held on February 5 at 7:00 p.m. in the Council Chambers room at city hall. You are welcome to attend. If you would like to give the Planning Commission a letter regarding your concerns, we can include that with the packet of information we send to them prior to the meeting. I would only ask that we get that letter by next week. Otherwise, we could hand a letter out at the time of the meeting as well. Have a nice weekend! Jeff Sargent Director of Community Development j City of New hope 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5196 I Fax: 763-531-5136 jsargenteci.new-hope.mmus I ci.new-hope.mn.us � LP.r From: Debbie Pawlowski <dkt3100aol.com> Sent: Thursday, January 24, 2019 9:55 PM To: Sargent Jeff <!sareent@newhopemn.goy> Subject: question about proposed church 9220 Bass Lake road Hi Jeff, I live on Ensign and Bass Lake Road. I just have a couple of questions about this proposed church. Can you tell me, are they planning on being in just one of the building sections or taking over the entire building? What religion is this proposed church? Will there be a new entrance into this church from Bass Lake Road? orjust the current entrance from Gettysburg? My main concern is the traffic it will add to our neighborhood. And will it be just Sunday mornings, or many days 1 evenings a week? We have such a nice, pretty quiet street. I'm not again religion, I just don't know if is fits into our area.... Thanks much! Debbie <PC 19-01 Narrative.pdf5 PLANNING CASE REPORT City of New Hope Meeting Date: February 5, 2029 Report Date: February 1, 2019 Planning Case: PC 19-02 Petitioner: Clariant Corporation Address: 9101 International Parkway Project Name: Clariant Outdoor Storage Project Description: The applicant desires to expand the outdoor storage capacity on the property. The expansion will require a Conditional Use Permit (CUP) for additional outdoor storage. Planning Request: By code, open outdoor storage areas are not allowed to be placed within any front yard or side yard abutting a public right of way. To secure the requested CUP, the applicant will require a variance, as the proposed location for the primary storage area is located within the side yard of the property that abuts International Parkway. I. Type of Planning Request A. Variance B. Conditional Use Permit (CUP) II. Zoning Code References Section(s) 4-36 Administration - Variances 4-33 Administration - Conditional use permit 4-20 (e) (1) - Open Outdoor Storage III. Property Specifications Zoning: I, Industrial. Location: 9101 International Parkway Adjacent Land Uses: Industrial to the north, south, east, and west. Site Area: 5.75 acres, or 250,371 square feet Building Area: Approximately 65,000 square feet Planning District: Planning District 3. The Comprehensive Plan supports the requested conditional use permit and encourages appropriate screening of outdoor storage areas. This industrial park is nearly fully developed. Future industrial growth depends on creative in-place expansions and re -use of existing space. Planning Case Report 19-02 Page 1 02/01/19 IV. Background Clariant Corporation has experienced continual growth in their manufacturing operations over the past decade, and their warehouse space has become crowded. To ensure that their production lines keep running on schedule, the company must increase their on-site storage capacity for equipment and surplus products. Expansion of their outdoor storage will allow Clariant to grow on their current site, and manage spikes in demand more efficiently. The surplus materials and equipment that are located in the outdoor storage area will be placed inside of semi -trailers and shipping containers. To accommodate their storage needs, Clariant has applied for a Conditional Use Permit (CUP) to allow outdoor storage that exceeds 20 percent of the building's gross floor area. By code, open outdoor storage areas are not allowed to be placed within any front yard or side yard abutting a public right of way. The requested CUP will require a variance, as the primary storage area is proposed to be located in a side yard abutting International Parkway. V. Zoning Analysis A. Plan Description 1. Setbacks The table below illustrates setback requirements for the outdoor storage area. The eastern side yard setback is non-compliant because the proposed storage area is located in a side yard that abuts a public street. Therefore, a variance is required to locate the storage area in this location. The property is unique, as the lot has 850 feet of street frontage on International Parkway. As a result, the property does not contain any open areas that qualify for outdoor storage. 2. Parking By code, a manufacturing facility is required to have one parking stall per 500 square feet. The building is estimated at 65,500 square feet, therefore, 86 parking spaces are required for this site. The site plan shows 54 parking stalls (as the south parking area is no longer used). The applicant has indicated that they only have 50 employees on-site at shift change, and two guest stalls. The reduced parking is sufficient based on current operations. Storage area C, as outlined on the site plan, eliminates approximately 30 parking stalls on the south side of the lot. This storage area may be used, however, it will also serve as proof -of - parking. The parking in this area shall be reestablished if the business's parking demand exceeds the capacity of the northern parking lot. Planning Case Report 19-02 Page 2 02/01/19 Required Proposed Compliant Side Yard - East 5 feet 20 feet No Side Yard - West 5 feet 28 feet Yes Rear Yard - South 5 feet 10 feet Yes 2. Parking By code, a manufacturing facility is required to have one parking stall per 500 square feet. The building is estimated at 65,500 square feet, therefore, 86 parking spaces are required for this site. The site plan shows 54 parking stalls (as the south parking area is no longer used). The applicant has indicated that they only have 50 employees on-site at shift change, and two guest stalls. The reduced parking is sufficient based on current operations. Storage area C, as outlined on the site plan, eliminates approximately 30 parking stalls on the south side of the lot. This storage area may be used, however, it will also serve as proof -of - parking. The parking in this area shall be reestablished if the business's parking demand exceeds the capacity of the northern parking lot. Planning Case Report 19-02 Page 2 02/01/19 3. Loading The existing loading area is on the south side of the building and will remain in use. The proposed storage areas are on both sides of this loading area. The applicant must demonstrate that there is adequate space to maneuver large trucks with the expansion of the outdoor storage area. 4. Landscaping and Screening Hardcover surfaces represent approximately 65 percent of the total lot area, meeting the city code requirement of 80 percent maximum impervious surface within the industrial district. There is no new pavement planned as part of this project. Outdoor storage areas must be fully screened from public rights-of-way. For screening, the applicant has installed an 8 -foot tall chain-link fence with a fabric privacy curtain around the perimeter of the outdoor storage area abutting International Parkway, meeting the intent of the code. 5. Lighting The applicant has not submitted a photometric plan for the site. If new lights are added to serve the outdoor storage area, the applicant must demonstrate code compliant light levels. 6. Surfacing and Paving Open outdoor storage areas need to be surfaced with concrete or bituminous. The proposed outdoor storage area will be placed on existing bituminous pavement. 7. Fire Code The Fire Marshal has requested that the storage containers and other outdoor storage materials maintain a 15 -foot setback from the building, and maintain a 10 -foot aisle through the northern portion of Storage area B, on the site plan, to allow for inspections and fire protection. B. Zoning Code Criteria 1. Conditional Use Permit (CUP) Criteria. The Planning Commission and City Council shall consider the possible adverse effects of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the City Council and Planning Commission shall find that the conditional use permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. (1) Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city. Planning Case Report 19-02 Page 3 02/01/19 Findinp, The comprehensive plan promotes in-place expansion, improved screening, and general site and building upgrades for all industrial properties in New Hope. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. Findings. The proposed use of the building and site are consistent with allowable uses in the industrial district. (3) Performance standards. The proposed use conforms to all applicable performance standards outlined in the Zoning Code. Per Code Section 4-20(e) (1), open outdoor storage areas that exceed 20 percent of the gross floor area of the principal structure are a conditional use with the following criteria: (a) Screening/landscaping. The open outdoor storage area is screened and landscaped from adjacent residential uses and public right-of-way in compliance with subsection 4-3(d) of this Code. Findings. The applicant has proposed adequate screening for the outdoor storage area from public rights-of-way. No residential uses are adjacent to the site. (b) Fencing. A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt form the required security fencing provided the storage area is delineated and the individual trailers are secured. Findings. The fencing proposed by the applicant meets this standard. (c) Surfacing. The open outdoor storage area is surfaced with concrete or bituminous. Findings. The proposed outdoor storage area will be placed on existing bituminous pavement. (d) Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be set back five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. Findings. The outdoor storage area meets all required setbacks from property lines. However, the outdoor storage area will extend into the side yard abutting International Parkway. The applicant has applied for a variance for this reason, as city code does not allow for outdoor storage to be placed within a side yard abutting a public right-of-way. The storage area that encroaches into this side yard is approximately 20 feet away from Planning Case Report 19-02 Page 4 02/01/19 the public right-of-way. The property is unique, as the lot has 850 feet of street frontage on International Parkway, and has a triangular shape. As a result, the property does not contain any open areas that qualify for outdoor storage. (e) Required space. The open outdoor storage area shall not utilize any required off-street parking, loading areas, or access space, as required by subsection 4-3(f) and 4-3)e) of this Code. Findings. The area that will be used for outdoor storage was previously used as a parking lot. The applicant has indicated that this area is no longer needed for parking, as all parking is contained on the north end of the property. The applicant must demonstrate adequate turning space for large trucks utilizing the loading area. The storage containers and materials shall maintain a 15 -foot setback from the building, and a 10 -foot aisle through the northern portion of storage area B to allow for inspections and fire protection. (f) Hazardous materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases, or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. Findings. The applicant's narrative indicates that this standard will be met. (g) Refuse and upkeep. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Findings. This standard will be maintained through enforcement of current city ordinances. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Fi.ndinp. The use of the site as proposed by the applicant will not depreciate the area's value. The proposed use is also unobtrusive to the area and fits well in the industrial setting. (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. Findings. Staff has concluded that the proposed use complies with all other zoning district criteria. (6) In industrial districts (I): Planning Case Report 19-02 Page 5 02/01/19 a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. Findings. Staff concludes that the proposed use will not generate nuisance characteristics because of the low impact that the use will have on the surrounding area. b. Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the community, the planning commission and city council may give weight to the sociological impact of a proposed use, both positive and negative. Findings. Staff anticipates a positive economic return to the community with the proposed use of the site and building. The applicant's proposal will allow the city to retain the company through in-place expansion. 2. Variance The purpose of a variance is to permit relief from the strict application of the terms of the zoning code. Variances may be granted when they are in harmony with the general purpose and intent of the zoning code, they are consistent with the comprehensive plan, and the applicant for the variance establishes that there are practical difficulties in complying with the city's zoning code. An application for a variance requires a public hearing. Practical difficulties. As used in connection with granting an application for a variance, practical difficulties means as follows: (a) The property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code. Findings. Outdoor storage is allowed within the Industrial District as a conditional use. The requested variance will permit outdoor storage in a location on the property that is otherwise not allowed. The placement of the outdoor storage area, as requested by the applicant, is reasonable, as there are no alternative compliant areas on the site to locate the storage area. (b) The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner. Findings. The property has approximately 850 feet of street frontage along International Parkway, and is triangular in shape. As a result, the property does not contain any open areas that would qualify for outdoor storage. This circumstance has not been created by the property owner. Planning Case Report 19-02 Page 6 02/01/19 (c) The variance will not alter the essential character of the locality or permit a use not allowed within the respective zoning district. Findings. The site is surrounded by other industrial uses. The requested use is allowed by conditional use permit. The character of the neighborhood is not expected to change by granting the variance. (d) The variance will not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety. Findings. The requested variance will not present issues associated with increased traffic congestion, increased fire danger, or endanger public safety. C. Design and Review Committee The Design and Review Committee met on January 17, 2019, to consider the proposal. The committee was generally supportive of the request. D. Approval 1. Type of Approvals 2. Timeline a. Variance - quasi judicial b. Conditional Use Permit - quasi judicial a. Date Application Received: January 11, 2019 b. End of 60 -Day Decision Period: March 12, 2019 c. End of 120 -Day Decision Period: May 11, 2019 VI. Petitioner's Comments Petitioner's comments are attached. VII. Notification Property owners within 500 feet of parcel were notified by mail, a land use application sign was placed on the property, and a legal notice was published in the SunPost newspaper. Staff has received no questions or concerns regarding the proposal. IX. Recommendation Based on review of the application for variance and conditional use permit for additional outdoor storage, staff recommends approval with the following conditions: Planning Case Report 19-02 Page 7 02/01/19 1. Storage area C, as depicted on the supplied site plan, will serve as a proof of parking area and will be converted back to parking if the business parking demand exceeds the capacity of the northern parking lot. 2. The storage containers and materials within the outdoor storage area shall maintain a 15 -foot setback from the building and a 10 -foot aisle through the northern portion of storage area to allow for inspection and fire protection. 3. Items stored within the outdoor storage area shall not be stacked above the screening fence. 4. The applicant shall provide turning diagrams illustrating adequate space to maneuver large trucks within the loading area. 5. No storage of hazardous material shall be allowed in the outdoor storage areas. 6. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Attachments: • Application, narrative, and site plan • Planning consultant (NAC) memorandum —1/30/19 Planning Case Report 19-02 Page 8 02/01/19 I Case #_ I ra -- Planning Deadline Receipt # CC - Received by F City of New Hope Community Development 4401 Xylon Ave N- New Hope MN 55428 - Phone: 763-531-5110- Fax: 763-531-5136 - newhopemn.gov Application to Planning Commission and City Council Basic Fee Deposit Land Use Petition Signs(s) 'JUo 11 Name of Applicant fig l / a rl ura. Phone: 7 _17/ — 41 7!Z Applicant Address: Street Location of Property: a/'d^--e— FID: ©/P —//f"Z / 3z/—cy/ y Legal Description of Property: _ _. �t C,4 OWNER OF RECORD: Name: e i tvrtu tom/ U Address: dW Horne Phone: Work Phone: _ ? 7/ r /o5 rcl Fax: Applicant's nature of Legal or Equitable Interest: Type of Request- (pertaining to what section of City Code) .� �� �5 �t .U4 042- Please outline Description of Request: (use additional pages if necessary) -6 Why Should Request be Granted: (Attach narrative to application form if necessary) City of New Hope Community Development 4401 Xylan Ave N •New Hope MN 55428 -Phone; 763-531-5 110 -Fax: 763-531-5136 • newhnpenm.gov Application to Planning Commission and City Council Applicant acknowledges that before this request can be considered and/or approved, all fees, including the basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city. There are three city consultants — legal, planning, and engineering - that generate additional expenses. Expenses incurred that exceed the amount of the zoning deposit will be billed and are the responsibility of the applicant. The city hereby notifies the applicant that state law requires that the development review be completed within 60 days from the city's acceptance of this application. If the development review cannot be completed within 60 days, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state law. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant in writing. The Community Development Department will notify you of all meetings. Signed: Fee Owner (print or type name) Applicant Other than Owner (print or type) Evidence of Ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting: FOR CITY USE O >~Y Yes No Required Yes No Required Yes No Required Yes No Required Date of Planning Commission Meeting: Approved: Denied: By Planning Commission on: Approved: Denied: By City Council on: Subject to the following conditions: City of New Hope Community Development 4401 xylon Ave N • New Hope MN 5542$ • Phone: 763-531-5110 • Fax: 763-531-5136 • newhopemn.gov Application to Planning Commission and City Council ACKNOWI&DGEMENT OF RESPONSIBILITY This is to certify that I am making application for the described action, and that I am responsible for complying with all city requirements with regard to this request. This application should be processed in my name and I am the party whom the city should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadIines for submission of material and of the progress of this application. I understand that this application may be reviewed by city staff and consultants. I further understand that additional information may be required for review of this application. I agree to pay to the city upon demand, expenses, determined by the city, that the city incurs in reviewing this application and shall provide an escrow deposit to the city in an amount to be determined by the city's established fee schedule. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses, other consultant expenses, and finance charges which may include late payments and collection fees. I understand that if expenses for these services exceed the amount of the escrow deposit, they will be billed to me by the city and I agree to pay them. I agree to allow access by city personnel to the property for purpose of review of my application and to place a temporary sign indicating the application proposed (if required). Signature Date ! i L Name of applicant Date �' 1 l ` (please print) Fee owner contact information (if other than applicant) Name Phone Address Planning Commission City of New Hope, Please use this letter as an agreement from Clariant International Ltd that if we have need for future parking, we will eliminate trailers in area 'V of the storage plan presented to you. We will not use the street as overflow or permanent parking. Thank You, Robert Bouley Clariant International Ltd Storage plan for Clariant Corp. Here is a breakdown of the outside storage that we are seeking a Conditional Use Permit for. Some of the reasons that we need the storage are as follows: Clariant has recently lost our offsite storage with Dedicated Logistics, due to them getting a large contract with another client. Clariant has grown continuously over the years and therefore we are crowded in our warehouse space. 3. Clariant needs to have backup equiptment to insure that our production lines will continue to run and produce product. 4. Clariant uses large Packaging boxes and drums that take up valuable floor space and are better stored in trailers. Our suppliers switch out empty trailers with full trailers. 5. Certain times of the year we will have spikes in orders due to certain holidays etc. and will pre make product so as to meet our clients needs. Storage Area A These trailers will more than likely never go away, but will never increase due to the fact we need to keep the area to the north of them accessable for our resin trucks that fill our silos. These are the trailers that hold our backup machinery Storage Area B This area can fluctuate in the amount of -trailers throughout the year. This area is where we store our semi loads of pallets we use each month. The trailers in this area are mostly filled with finished product waiting to be shipped. There are a few that have raw materials stored in them. We also use a trailer for recycling our used pallets. This is also where we store our Gaylord boxes and drums for packaging. Storage Area C These trailers are currently being used to store Raw materials and will most likely go away in the near future. Parking requirements The employees of Clariant no longer utilize the hack parking lot. Every Employee is required to park in the front lot. The front lot has 54 parking spaces for employees, 2 spaces for visitors and 2 handicap spaces. Our 15t shift consists of 40 employees 2"d shift consists of 10 employees 31 shift consists of 10 employees 1/0 G -- 8'Atyq, = t't ' Screen FENCESCREEK ENC 22961 ARROYO VISTA RANCHO SANTA MARGARffA, CA 92688 949215-6313 Fax # 949-269-0422 Bill To Clariant (3) 9101 IntemationaI Pkwy New Hope, MN 55428 lis Ship To Clariant (3) Rob Bouley 9101 International Pkwy New Hope, MN 55428 USA Invoice DATE 11V 1010E # 8/13/2017 14$465 P.O. Number Sales Rep Payment Terms Due Data Shipping Method 37894 web Prepaid:�i 8!1312017 Federal Egress Item Code Description Quantity Sales Price Til 211-78-75-A ��, Fer�±s - ~:e-"'r'q--d Dewoner se es i, t sR (?' -''�, 92 14.99 1379.08T 5p, _ !L i..,.:_%•.i['.i 14 '-�1►17 ��1 Inciudes Meat we,.,, wk blact Grommets 211 -DESIGN -FI 211 Series- Ficus - Graphic Design 50 0.00 211 -DESIGN -FI 211 Series. Ficus - Graphic Design 0,00 211 -DESIGN -FI 211 Series- Ficus - Graphic Design 25 0.00 0.00 Custom Sizing... Custom Sizing Fee for Customer Specified Sizing 17 1 0.00 0.00 (Non -Standard Length) 25.00 25.00T Shipping Fees Shipping Charges 1 27.95 27.95 (1)50'XTV (1)25'X7'9" (1)17'X7'9" Thank you for choosing Fencescreen.com. Your #1 source for fencescreen products and accessories. Subtotal $1,432.03 "Returns of standard sizes must be made within 30 days of product being delivered. ALL authorized returns are charged a 20% restocking "CUSTOM SIZED ORDERS ARE NON RETURNABLE" Sales Tax (0.0%) $0.00 Payments/Credits -$1,432.03 Balance Due $0.00 L3o 48.04 n `^ peck Area 03, I o 1.21'.ru en f'r'dA 5 r ,.'f ♦ i - `' .. '.►: '�'� ? Rte..` �.��"'_'�` �a...w4 ow NORT"WEST ASSOCIATED CONSULTANT'S, INC. 4150 Olsen Memorial Highway, Ste. 320, Golden Malley, MN 55422 Telephone: 763.957.1100 Website: www.nacpianning.com PLANNING REPORT TO: New Hope Planning Commission FROM: Alan Brixius 1 Ryan Grittman DATE: January 30, 2019 RE: City of New Hope — Clariant Corp -- Conditional Use Permit and Variance FILE NO: 131.01 19.02 BACKGROUND Clariant Corporation has submitted an application for a conditional use permit and variance for outdoor storage at their property located at 9101 International Parkway. The site is zoned I Industrial. Under the I zoning district, outdoor storage that exceeds 20% of the gross floor space of the building is a conditional use. The site is currently occupied by the applicant. The building is approximately 65,600 square feet. The site is adjacent to industrial zoning to the south, and west; and governmental, park and open space to the north and east. The project will require the following: • A building and site plan review and approval. • A conditional use permit to allow for outdoor storage in excess of 20% of the gross total area of the building. • A variance to allow to allow outdoor storage in a side yard that abuts a street. • A deferred parking agreement for 77 parking spaces. ISSUES ANALYSIS Zoning. The subject site is zoned I Industrial. Within the I district, manufacturing is an allowed use. The applicants are seeking a conditional use permit and variance to allow for the expansion of their outdoor storage. Setbacks. The following table illustrates that the proposed building will meet the required setbacks: Maximum Site Coverage. Within the I District, the total impervious surface is limited to 80%. The site contains a large lawn on the east side of the property to meet this requirement. No new pavement is proposed as part of this project. Site Lighting. If any new exterior lighting is proposed for the site the applicant must submit a photometric and lighting plan demonstrating compliance with the city lighting standards.. Parking. By code, a manufacturing facility is required to have one parking stalls per 500 square feet. The building is estimated at 65,500 square feet; therefore, 86 parking spaces are required for this site. The site plan shows 54 parking stalls (as the south parking area is no longer used). The applicant has indicated that they only have 50 employees on-site at shift change and two guests. The reduced parking is sufficient based on current operations. Storage area C eliminates approximately 30 parking stalls on the south side of the lot. The applicant has agreed to eliminate storage area C and reestablish this area as striped parking lot if park demand exceeds the available striped parking in the northern parking lot. Loading Area. The existing loading area is on the south side of the building. The proposed storage areas are on both sides of the loading area. As part of the application process, staff will confirm that truck turnaround will be possible with the next storage areas. Conditional Use Permit. The applicants have applied for a conditional use permit to allow outdoor storage that exceeds 20 percent of the building's gross floor area. The zoning ordinance lists seven requirements for outdoor storage: E Building Setbacks Required Existing Compliant Front Yard north 30 ft. 50 ft. Yes Side Yard east 30 ft. 285 ft. Yes Side Yard west 10 ft. 40 ft. Yes Rear Yard south 30 ft. 115 ft. Yes Outdoor Storage Area Setbacks Required Proposed Compliant Side Yard east 5 ft. 20 ft. area B No* Side Yard west 5 ft. 28 ft. area A Yes Rear Yard south 5 ft. 10 ft. area C Yes *Area is abutting a public street, therefore, a variance is required. Maximum Site Coverage. Within the I District, the total impervious surface is limited to 80%. The site contains a large lawn on the east side of the property to meet this requirement. No new pavement is proposed as part of this project. Site Lighting. If any new exterior lighting is proposed for the site the applicant must submit a photometric and lighting plan demonstrating compliance with the city lighting standards.. Parking. By code, a manufacturing facility is required to have one parking stalls per 500 square feet. The building is estimated at 65,500 square feet; therefore, 86 parking spaces are required for this site. The site plan shows 54 parking stalls (as the south parking area is no longer used). The applicant has indicated that they only have 50 employees on-site at shift change and two guests. The reduced parking is sufficient based on current operations. Storage area C eliminates approximately 30 parking stalls on the south side of the lot. The applicant has agreed to eliminate storage area C and reestablish this area as striped parking lot if park demand exceeds the available striped parking in the northern parking lot. Loading Area. The existing loading area is on the south side of the building. The proposed storage areas are on both sides of the loading area. As part of the application process, staff will confirm that truck turnaround will be possible with the next storage areas. Conditional Use Permit. The applicants have applied for a conditional use permit to allow outdoor storage that exceeds 20 percent of the building's gross floor area. The zoning ordinance lists seven requirements for outdoor storage: E Screen ingllandscaping. The open outdoor storage area is screened and landscaped from adjacent residential uses and public right-of-way in compliance with subsection 4-3(d) of this Code. Staff Comment: The property is adjacent to industrial uses and governmental uses. No residential uses are adjacent to this site. 2. Fencing. A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. Staff Comment. The property is heavily wooded on the southeast part of the property. In addition, the north and east areas where the outdoor storage is proposed contains a fence with a fabric screening material. A sample has been provided for review. The applicant has submitted information on the fence which states it's eight feet in height. The applicant shall clarify if this will screen all the items behind the fence, or if the outdoor storage will be taller than eight feet. Fencing may be required along the south property line. This is an item that staff should discuss. The applicants have indicated that the storage will be in semi- trailers. Staff should confirm that a conditional use permit is required in this case. 3. Surfacing. The open outdoor storage area is surfaced with concrete or bituminous. Staff Comment. The area has previously been used for outdoor storage and parking. No additional surfacing will be needed. 4. Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be set back five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. Staff Comment. The surfaced area is setback from the south property line by approximately 10 feet. However, the outdoor storage area will extend into the side yard that abuts International Parkway. The applicant is applying for a variance for this reason. By code, outdoor storage is not permitted in a side yard that abuts a street. The applicants are proposing using the existing blacktop for outdoor storage. The paved area is approximately 18 feet away from the public right-of-way. In addition to the setbacks from the lot lines, the fire inspector recommends that the storage items in area B maintain a 15 foot setback from the building and the applicant also maintain a 10 foo aisle through the balance of this area for access and public safety. 3 5. Required space. The open outdoor storage area shall not utilize any required off- street parking, loading areas, or access space, as required by subsection 4-3(f) and 4-3(e) of this Code. Staff Comment. The area that will be used for outdoor storage was previously used as a parking lot. The applicants have indicated that this area is no longer used for parking and that all parking is contained on the north part of the property. The storage containers and materials shall maintain a 15 foot setback from the building and maintain a 10 foot aisle though the northern portion of Storage area B to allow for inspection and fire protection. 6. Hazardous materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection (d)(5) of this Code. Staff Comment. The applicants have indicated that they intend to store backup machinery, finished product, raw materials, pallets, boxes, and drums. It should be noted that these items will be stored inside semi -trailers and not out in the open. The applicant shall clarify if the resins they use contain any hazardous materials. 7. Refuse and upkeep. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Staff Comment. Staff is not expecting an issue with this requirement. Variance Criteria. The applicants have applied for a variance to allow outdoor storage in the side yard abutting the street. The zoning ordinance outlines the following criteria when considering a variance: That the property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code; Staff Comment. The variance is to permit outdoor storage in a location on the property that's otherwise not allowed. The zoning ordinance allows outdoor storage by conditional use. The proposed variance appears to be a reasonable use of the property. 2. The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner; Staff Comment. The property has approximately 850 feet of street frontage on International Parkway. As a result, the property does not contain any open areas 4 that would qualify for outdoor storage. This is not due to the circumstances created by the property owner. 3. The variance will not alter the essential character of the locality or permit a use not allowed within the respective zoning district; Staff Comment. The location is surrounded by other industrial uses. The use is permitted by conditional use permit. The character of the neighborhood is not expected to change by granting this variance. 4. The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety. Staff Comment Staff does not have any major concerns regarding this requirement. RECOMMENDATION Based on our preliminary review of the proposed conditional use permit and variance, we recommend the following be submitted for formal review: 1. Storage area C will serve as a proof of parking area and will be converted back to parking if the business parking demand exceeds the capacity of the northern parking lot. 2. No material or container stacking shall exceed the fence height. 3. No storage of hazardous materials shall be allowed in the outdoor storage areas. 4. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. 5. The storage containers and materials shall maintain a 15 foot setback from the building and maintain a 10 foot aisle though the northern portion of Storage area B to allow for inspection and fire protection. cc. Aaron Chirpich Jeff Alger Jessi Weber Dean Blom 1.1 PLANNING CASE REPORT City of New Hope Meeting Date: February 5, 2019 Report Date: February 1, 2019 Planning Cases: 19-03 Petitioner: SmartFlower of Minnesota Planning Request: Solar Energy Systems I. Request SmartFlower of Minnesota has submitted a request for a text amendment to the city's zoning code in order to allow for the installation of a solar energy system. The president of Lighting of Minnesota - SmartFlower Minnesota contacted the city in July of 2018, to discuss installing a SmartFlower solar energy system in the city. SmartFlower is an all -in -one, ground -mounted solar system with a tracker that follows the sun. Solar cells on the system are arranged on individual "petals" that open at the beginning of each day. After the sun goes down, the petals fold up and a self-cleaning process takes place. The New Hope City Code does not specifically regulate solar panels, as the use is not listed as permitted, accessory, administrative, or conditional within any of the city's zoning districts. Section 4- 1(g) of the City Code states that "whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited." Under this provision, freestanding solar equipment is not currently allowed. In the past, the city has allowed solar energy systems to be affixed to a building, treating the panels as an architectural feature of the principal building. Freestanding solar raises issues of placement, setback, and integration with the other operations on the site (i.e. parking, loading, on-site traffic circulation, screening, etc.) and has not been identified as a permitted use. Section 4-1(g) of the City Code allows an applicant or the city to initiate a request for a zoning ordinance amendment to study a use in order to determine if it is acceptable, and if so, in which zoning district it should be located. The president of Lighting of Minnesota - SmartFlower Minnesota attended the August 3, 2018, pre -application meeting to discuss the concept with staff, and was informed that the item would be discussed at a future Codes and Standards Committee meeting. The topic was discussed at the October 17, 2018, Codes and Standards meeting, where the city planner shared solar equipment ordinances from other cities that allow ground mounted equipment. The Codes and Standards Committee encouraged SmartFlower Minnesota to submit a request for a zoning ordinance amendment. SmartFlower Minnesota has done so and the city planner has prepared a draft ordinance. The draft ordinance accomplishes the following: Planning Case Report 19-03 Page 1 2/1/19 General • Defines passive solar energy systems as systems that capture solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Such systems are exempt from the requirements of the proposed ordinance and regulated as any other building element in any zoning district. • Allows ground -mounted solar energy systems in the Limited Business (LB), Community Business (CB), City Center (CC), Governmental, Park and Open Space (GPO), and Industrial (I) zoning districts. • Requires that all solar energy systems meet minimum safety standards and state and/or national building, HVAC, electrical, and plumbing code requirements. • Requires the removal of any system that has been nonfunctional or inoperative for a year or more. • Applies city's tree replacement standards to any installations. Roof -mounted Solar Energy Systems • Requires compliance with maximum height requirements for zoning district and prohibits systems from extending more than 15 feet above flat roof surfaces.. • On pitched roofs, systems may not have a finished pitch steeper than the roof on which they are mounted and they may not be higher than ten inches above the roof surface. • Requires compliance with principal or accessory building setback requirements and prohibits system from extending beyond the exterior perimeter of the building on which it is mounted. • Allows flush or bracket mounted systems. • Requires three-foot aisle spacing between panels to allow for fire access and equipment maintenance. • Prohibits reflectors in residential districts and prohibits reflectors from casting glare toward adjoining properties or public rights-of-way in commercial and industrial zoning districts. • Requires building and electrical plans. Ground -mounted Solar Energy Systems • Limits systems to 20 feet in height and a maximum area of no more than 30% of the floor area of the principal building. • Requires the following setbacks: o Front yard: 30 feet o Side yard interior: 5 feet o Side yard abutting a street: 20 feet o Rear yard: 5 feet • Prohibits systems from interfering with on-site traffic circulation patterns and from being located within easements or required parking areas. • Requires minimization of glare towards vehicle traffic and adjacent properties. • Requires placement of electrical feeder lines underground within the interior of each lot. Planning Case Report 19-03 Page 2 2/1/19 11. Recommendation The Codes and Standards Committee supported the creation of a solar energy ordinance but did not review the draft ordinance prepared by the city planner. The draft ordinance was prepared upon submission of an application by SmartFlower of Minnesota. It addresses the various concerns that were discussed at the October 17, 2018, Codes and Standards meeting related to placement, setbacks, and integration with other operations on the site (i.e. parking, loading, on-site traffic circulation, screening, etc.). SmartFlower of Minnesota has reviewed and supports the draft ordinance. Staff recommends approval of the proposed text amendment. Attachments • Ordinance 19-01 • Application Qanuary 25, 2019) * Northwest Associated Consultants memorandum from Alan Brixius (January 30, 2019) Planning Case Report 19-03 Page 3 2/1/19 ORDINANCE NO. 19-01 AN ORDINANCE AMENDING CHAPTER 4 OF THE NEW HOPE CITY CODE ESTABLISHING SOLAR ENERGY SYSTEM REGULATIONS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2, Zoning — Rules and definitions is hereby amended to add the underlined text as follows: (b) Definitions. The following words and terms, wherever they occur in this zoning code, shall be interpreted as follows: Ground -mounted solar eng= system means a solar energy system that is freestanding with its own foundation and structural support system. Passive solar eneM system means a system that ca tures solar light or heat without transforming it to another form of energy or transferring the engM via a heat exchanger. Photovoltaics stem means a solar energy system that converts solar energy directly into electricity. Roof -mounted solar engM system means a solar energy system that is an inte alart of a rinci al or accessga building, rather than a separatearound-mounted mechanical device replacingLeplacing or substituting for an architectural or structural corn onent of the buildin includinjq, but not limited to photovoltaic or hot water solar systerns contained within roofing materials, windows, skyliWhts and awnings Solar eneM system means a device or structural design feature a substantial purpose of which is to provide dgylight for interior lighting or provide for the collection storage and distribution of solar energy fors ace heating or cooling, electrieftygeneration or water heating. Section 2. Section 4-3, General provisions is hereby amended to add the underlined text as follows: Un Solar energysystems. l PmMose and Intent. The ose of this section is to: a. Accommodate solar energy s tems that may be integrated into local buildings and sites and create a clear regulatory path for approving solar energsystems. b. Create a livable community where development inco orates sustainable desi elements such as resource and energy conservation and use of renewable energy. c. Protect and enhance air quality and decrease use of fossil fuels. d. Accommodate solar energy development in locations where the technology is viable and environmental economic and social impacts can be mitigated. (2) Solar enemy systems zoning district allowances a. Exemption. Passive solar energy systems are exempt from the r uirements of this section and shall be readated as my other building element in all zoning districts. b. Roof -mounted solar energy systems in accordance with the standards in this section are allowed as a permitted accessM use in all zoning districts. c. Ground -mounted solar energy systems in accordance with the standards of this section shall be allowed with an administrative permit in the LB, CB, CC, GPO, and I zoning districts. 3 General r uirements. The following standards are a licable to all solar ever systems in the city. a. Exemption. Passive solar energy systems are exempt from the rgquirements of this section and shall be regWated as any other building element in all zoning districts. 1. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Heating, Refrigerating, and Air-conditioning Engineers ASHRAE ASTM International British Standards Institution SI International Electrotechnical Commission (IEC), International Organization for Standardization (ISO, Underwriter's Laboratory (UL), the Solar Rating and Certification Comoration (SRCC), or other standards as determined by the city building official. 2. Certification. Solar energy systems shall be certified by the Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Communijy Development Director. The city reserves the right to deny a building permit for proposed solar energy systems if deemed to have inadequate certification. 3. Utility connection. All gbd-connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility. 4. Building Code. All solar enagy systems shall meet approval of the city building official, consistent with the Minnesota State Building Code, and solar thermals stems shall col]aply with HVAC -related requirements of the Ener Code. S. Electrical Code. All photovoltaic systems shall comply with applicable National Electrical Code requirements. 6. Plumbing Code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements. 7. Abandonment. If a solar enffU system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The property owner shall remove the abandoned system and restore vegetation upon the site at his/her expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. S. Tree removal associated with the installation of a solar energy system shall be subject to tree replacement standards of Section 4-3(d)(4)c. of this Code. b. Roof -mounted solar energy systems. 1. Shall comply with maximum height requirements in the applicable zoning district. 2. Systems on pitch roofs shall not have a finished pitch steeper than the roof pitch on which it is mounted. The system and its framing shall be no higher than ten inches above the roof surface. 3. On _flat roofs solar energy systems shall not extend more than 15_ feet above the roof surface. 4. Shall comply with applicable principal or accessory building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. 5. May be flush -mounted or bracket -mounted. Bracket -mounted collectors shall be permitted only when the city building official makes a determination that the underlying roof structure will support apparatus, wind, and snow loads and all applicable building standards are satisfied. 6. Shall be spaced to provide a three-foot aisle between solar panel arrays to allow for fire access and equipment maintenance. 7. Reflectors used to enhance solar production shall be prohibited for roof - mounted solar. systems in residential zoning districts. In commercial and industrial zoning districts, reflectors shall not cast glare toward adioining properties or public rights-of-wa. c. Ground -mounted solar systems: 1. Height. Ground -mounted solar energy systems shall not exceed 20 feet in heigLt. 2. Setbacks. Ground -mounted solar energy systems shall comply with the following setbacks: Front yard: 30 feet Side yard interior: 5 feet Side yard abutting a street: 20 feet Rear yard: 5 feet 3. Easements. Solar eneruv systems shall not encroach on public drainaEe. utilit roadway or trail easements. 4. Parking. Ground -mounted solar systems shall not be located in required parking areas and shall not interfere with the on-site traffic circulation patterns. 5. Maximum area. Ground -mounted solar energy systems shall be limited in lot coverage to no more than 30 percent of the floor area of the principal building on the lot provided all setbacks and locational restrictions are adhered to. 6. Glare. All solar enerav systems shall minimize alare towards vehicular traffic and adjacent properties. 7. Feeder lines. The electrical collections stem shall be laced underground within the interior of each lot. The collection systemmay be placed overhead near substations or uoints of interconnection to the electric grid. 8. Tree removal associated with the installation of a solar energy system shall be subject to tree rpplacement standards of Section 4-3 d 4 c. of this Code. (4) Review process. a. Roof -mounted solar energy systems shall be processed as a building ernit. Full building and electrical plans illustrating the proposed system design components and installation information for the building and the solar energy system are required. b. Ground -mounted solar enpM systems shall be pLocessed as an administrative permit per section 4-31 of this Code. Submission information for around -mounted solar energy systems shall consist of_a narrative and site plan including the informational requirements outlined in Section 4-35Lfl of this Code. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25a' day of February, 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk PLANNING APPLICATION TO PLANNING COMMISSION AND CITY COUNCIL City of New Hope, 4401 Xyion Avenue North, New Hope, MN 55428 Basic Fee Deposit Land Use Petition Case # I 0 ' C' 7 Signs(s) Planning Deadline ?.19 �~� 4 Receipt #iC` Received by RT FLOW fR f .Phone- Applicant (moi 2 X42 X414 Name of Applicant: �Y �.•^, *4 w►n a Phone: Applicant Address Su+&330 i�ew o $sYa� Street Location of Property: C4 u � Oeo PID: Legal Description of Property: OWNER OF RECORD: Name: Address: Home Phone: Work Phone: Fax: Applicant's nature of Legal or Equitable Interest: Type of Request: (pertaining to what section of City Code) Am e- /J m ged 6re- Please outline Description of Request: (use additional pages N necessary) hkl b d ar ? 2D �+ t Why Should Request be Granted: i s ey%zt ler S L� Si e S 10 A e CAS a+il��� (attach narrative to application form if necessary) MACOMMDGYVVWN1140VAM MAOSWUnrdre appRom mOoc (01.13) Applicant acknowledges that before this request can be considered and/or approved, all fees, including the basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city. There are three city consultants — legal, planning, and engineering - that generate additional expenses. Expenses incurred that exceed the amount of the zoning deposit will be billed and are the responsibility of the applicant. The city hereby notifies the applicant that state law requires that the development review be completed within 60 days from the city's acceptance of this application. If the development review cannot be completed within 60 days, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state law. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant in writing. The Community Development Department will notify you of all meetings. Signed. lZ .� rA, f,, c k r [t -e- Fee Owner (print or We name) Applicant Other than Owner (print or type) Evidence of Ownership Submitted: Certified Lot survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting: Date of Planning Commission Meeting: By Planning Commission on: By City Council on: Subject to the following conditions: OR CaX USE ONLY Yes No Required Yes No Required Yes No Required Yes No Required Approved: Denied: APproved: Denied: smartflower The all -irt-one sola r on..ergy,',i Mtei-i-i budlt for busin,,---.sses nlittQd. 0".1a bettef J- L.ItUre ��tRFEN BUSINESS CARD N 44 yam - 4A T1� IN 0 Starting—�-t $35,000 L I:q:; (1, ALLk SIMPLY SET UP, CONNECT AND PRODUCE CLEAN ENERGY SmartlFlower SolarTM Take the lead in creating a sustainable future A clear statement of your commitment Companies and institutions that make an active contribution to climate protection ] every reason to be proud and to make the commitment visible to the public. Howev this often proves to be difficult when it co to renewable energy - traditional solar erg systems are typically not visible and may' perceived as unpleasing to the eye. Smart is different: this innovative and elegant al one solar energy system is not only extrei efficient but also attracts attention throug elegant design, ensuring a positive response from your customers. As a highly visible symbol for "clean energy", the smartflower system is ideal for demonstrating your commitment to combatting climate change. Beautiful and sustainable, smartflower is your green business card Whether you are a sustainable construction firm, an eco - friendly hotel, a public institution, research lab or virtually any business, smartflower will inform your customers and guests clearly and beautifully that sustainability is at the forefront of your company's values 4-1 - SYnartfiower �s file peifect The Satanical Gardens in solution to power irrigMian Madrid, Spain offer children and lighting for both deco- and teens an outdoor learning rabve arwl working garderva space called Nawm s Mass - whether at home, outside your room smartflower produces office building of on a. farm energy needed to ran activ- into tizroughout the day and into the evenfrng smartflower is theinerf tt an utign power irhrgdeco- At the Utuversnty.of Applied rattved li end W-- r�lt� seances 4MI Kutstein in o�bwd wld gmo�r on a e Your Austria, smartflower has multiple uses it is used and attention -grabbing -n generator for the FH, as well as teaching rposes .tri the field of "applied energy data manag;= Call us today for more details: State and local, "ovent of - SmartFlowe3r of Minnesota can>se at the f utgtheircommunitiesmore can e112 tLatA "smartflower is more than a solar system that produces electricity. It is a very visible sign of r your commitment to protecting the environment and helping to raise awareness about the importance of clean energy" - JIM GORDON, CFO of SmartFiower North America Thanks to its award-winning design and innovative smart features, smartflower operates automatically and generates up to 40% more energy than traditional solar systems. Dual axis tracking ensures that the smartflower unfurls its solar panels when the first rays of sun appear and follows the sun at the optimal angle throughout the day, like a sunflower. Smart cleaning and smart cooling features prevent the usual efficiency losses that occur due to heat or dirt. And thanks to smart mobility, smartflower can be easily transported when moving to a new location. Smartflower only requires a clearance space of 16 W and can be set up and connected in a few hours. E� ii a j f j @ 8 5KW VSE SwAPT TPACMO SMTP' SIMM WM y 11 V5 comma SMAPT GLEAMING For more information about smart features and available models please visit Smartflowerofminnesota.com SmartFlower Technical overview 16 General Specifications for North America Grid -Tied, Version - Nominal output 1s 2..5k p, Dual -axis tracking output ranges from roughly 4,000 — 6,500 kWh depending on region and local shading (reference: PVWatts) • Inverter: Fr nius Primo 3.8 16 'x 16 'x 16 ' Operating Envelope • Wind protection (two safety modes at 30 and 40 mph) • Operating temperature range: -20 (-4F) to 50C (122F) Am S,Matkl:l r Solar' Unique Product Features 1 • Efficient Cooling: SmartRower is designed with open back ventilated panels • Auto -Safety Features: System adjusts and/or retracts during severe weather • Self- leaning: System cleans the panels automatically trice per day Smr-Mow rr Solar r NORTHWEST ASSOCIATED CONSULTANT'S,, INC, 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacpianning.com MEMORANDUM: TO: Jeff Sargent FROM: Alan Brixius DATE: January 30, 2019 RE: Smart Flower — Zoning Text Amendment — Solar Energy Systems FILE NO: 131.01 19.03 BACKGROUND. Smartflower of Minnesota has made application requesting a zoning code text amendment to allow ground mounted solar energy systems within the city of New Hope. This would allow Smartflower to sell and install their Solar Energy devices within the City. The current Code is silent to these devices, as such they are considered prohibited. In discussion with the applicant, staff believe that this new technology is appropriate for the city and has prepare the attached zoning code language for the planning commission and council consideration. ISSUES AND ANALYSIS. The attached draft code amendment addresses both the roof mounted and ground mounted solar energy systems. In preparing the code amendment, staff attempts to outline conditions that allow these systems in a manner the recognizing existing development conditions within the city. Definitions: Section 1 of the code amendment establishes definitions of the solar energy systems that will be addressed in this proposed code amendment. General provisions. Section 2 of the Code amendment will introduce regulations for allowing solar energy systems into the city of New Hope. The general provisions of the New Hope are applicable on a city wide basis. This section of the solar energy regulations includes the following components. Intent and purpose: This section explains the reasons for pursuing the development of the solar energy systems in New Hope. District allowances: Please note that roof top systems will be allowed within all zoning districts of the city. The roof top systems are to be integrated into either the principal or accessory building and must meet the applicable building setbacks. These systems become an architectural extension of the current use of the property. Staff believes that this work within all zoning districts regardless of lot size. Staff is recommending that ground mounted solar systems be limited to commercial and industrial districts. These properties have the lot area and solar exposure to allow for the introduction of freestanding solar equipment. The introduction of ground mount systems will require an administrative permit and must demonstrate that they meet the established performance standards. General requirements. These requirements are applicable to both roof mounted and ground mounted solar energy systems. The general requirements address; system standards, certification, utility connections, building, electrical and plumbing code requirements. Please note that we have included a tree replacement requirement for properties that remove trees for solar access. These properties will need to include a tree replacement plan. Roof Mounted Solar Energy Systems. These requirements focus on integrating the solar energy system in to the design of the principal or accessory building. This is intended to have these systems to not look out of place in the residential, commercial or industrial environments in which they are introduced. Ground Mounted Solar Energy Systems. Ground mounted system introduces a new freestanding structure into a property. In this light, the performance standards are to allow the use in a manner that does not detract for the site appearance or its function. In establishing the performance standards, staff has treated these systems similarly to accessory buildings in regard to height, setbacks, maximum area. Review Process. Roof mounted systems will be processed as part of a building permit application. Ground mounted systems will be processed as an administrative approval to be reviewed for both zoning and building code compliance. CONCLUSION. The attached draft code amendment is offered for the planning commission and council consideration. If the code amendment found to be acceptable, staff is recommending approval. 2 PLANNING CASE REPORT City of New Hope Meeting Date: February 5, 2019 Report Date: February 1, 2019 Planning Cases: 18-07, 18-11, 18-12, 18-13, 18-14, 18-20, 18-21, 18-27 Petitioner: City of New Hope Planning Request: Semi -Truck Parking, Exterior Storage, Temporary Storage Units, Firewood Stacks, Driveways, Flagpoles, Recreational Uses, and Fencing Regulations !. Request At the November 8, 2017, Codes and Standards meeting, the Codes and Standards Committee discussed and supported development of a Property Maintenance Reference Guide. The Property Maintenance Reference Guide is intended to accomplish the following: • Summarize minimum requirements and standards for premises, structures, equipment, and facilities. • Establish and uphold standards for public health, safety, welfare, and basic livability. • Encourage the maintenance of buildings and homes in an effort to preserve and enhance community value. • Create a centralized document that addresses all property maintenance issues in "layman's terms." In conjunction with the development of the Property Maintenance Reference Guide, staff reviewed all areas the City Code related to applicable regulations and standards. As a result, staff is proposing several text amendments to the City Code. Some are significant policy changes, while others are minor changes necessary prior to publishing the Property Maintenance Reference Guide. At the May 9, 2018, and June 19, 2018, Codes and Standards meetings, the Codes and Standards Committee reviewed each of the proposed text amendments and made several recommendations. Any text amendments to the zoning code (Chapter 4) will be presented to the Planning Commission, as a public hearing is required. Text amendments not related to the zoning code will be presented directly to the City Council. Due to the large number of proposed text amendments, several have been grouped together to be presented at two meetings. lie first grouping was presented at the January 2, 2019, Planning Commission meeting. The second grouping to be considered includes amendments related to semi -truck parking, exterior storage, temporary storage units, firewood stacks, driveways, flagpoles, recreational uses, and fencing regulations. One public hearing will be conducted for the entire grouping. Semi -Truck Parking (Planning Case 18-07, Ordinance 18-09) The Planning Commission provided feedback on the proposed semi -truck parking ordinance at the January 2, 2019, meeting. The proposed text amendment no longer requires a 40 -foot setback from residential districts or the screening of parking areas from adjoining streets. It allows the parking of Planning Case Reports 18-07,18-11,18-12,18-13,18-14,18-20,18-21,18-27 Page 1 2/1/19 semi -trucks in front, side, and rear yards and permits parking in designated off-street loading areas when in compliance with Section of 4-3(e)(4) of the City Code. The proposed text amendments relating to the parking of semi -trucks include the following: 1. Defining tracks that are longer than 21 feet as semi -trucks and distinguishing semi -truck parking from trailer storage. 2. Amending the Industrial zoning district purpose statement to specify noncompatible uses, due to noise, smoke, odor, low pedestrian vehicle traffic volumes, and high semi -truck traffic volumes. 3. Limiting semi -truck parking to the industrial zoning district as an accessory use to the principal use, establishing dimensional parking standards utilizing a MnDOT template, referencing existing construction standards for parking areas denoted within the City Code, and specifying locational, setback, and screening requirements. Semi -trucks would need to maintain a five-foot setback from side and rear yards and a ten -foot setback from front and side yards abutting a street. Semi -trucks would not be allowed to occupy required automobile parking stalls and could not interfere with on-site traffic circulation patterns. They would be allowed to park in designated off-street loading areas when in compliance with Section of 4-3(e)(4) of the City Code. Exterior Storage (Planning Case 18-11, Ordinance 18-131 Exterior storage is addressed within the City Code in several places. When the property maintenance abatement ordinance was adopted in December 2018, an effort was made to centralize and simplify exterior storage requirements. The proposed text amendment attempts to quantify screening requirements to simplify enforcement of code violations. Additionally, there are several significant proposed changes related to the parking/storage of vehicles and recreational vehicles. The proposed text amendments include the following: 1. Establishing a definition for minimum screening requirements, stating that "screening" or "screened" means "at least 80% concealed or hidden from adjoining properties or public street rights-of-way." 2. Allowing vehicles to have expired license tabs for up to three months before being considered exterior storage. 3. Applying front yard recreational vehicle storage requirements to side yard corner lots with curb cut accesses. This includes requiring recreational vehicles to be stored on hard surfaces, 15 -foot setback requirements, and prohibiting such storage to be located in required parking spaces. 4. Requiring recreational vehicles stored in front yards and side yard corner lots with curb cut accesses to be placed on bituminous, asphalt, or another hard surface material other than Class 5 gravel. The City Code currently requires recreational vehicles stored in front yards to be placed on any type of hard surface, including Class 5 gravel. 5. Requiring that recreational vehicles in side and rear yards be placed on bituminous, asphalt, or other hard surface material other than Class 5 gravel. The City Code currently allows recreational vehicles to be stored on any surface in these areas. Planning Case Reports 18-07, 18-11, 18-12, 18-13, 18-14, 18-20, 18-21, 18-27 Page 2 2/1/19 6. Establishing a definition for the partial screening of recreational vehicles, stating that such vehicles stored in side or rear yards must be "at least 50% screened to break up the visual appearance of the exterior storage from adjoining properties through landscaping or fencing." Temporary Storage Units (Planning Case 18-12, Ordinance 18-14) Temporary storage units may be located on private property for up to 30 consecutive days in one calendar year, or in the case of an active building permit, up to 90 consecutive days in one calendar year. They must be located on a hard surface in the front yard and must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb. They may not intrude onto sidewalks and must be enclosed and secure. The proposed text amendment expands the definition of temporary storage units to include cargo containers, portable on demand storage units, and dumpsters, and prohibits them as permanent storage structures. Firewood Stacks Planning Case 18-13, Ordinance 18-151 Stacks of firewood are not currently addressed within the New Hope City Code. The proposed text amendment involves expanding the list of exterior storage exceptions to include stacks of firewood in residential districts and establishes the following standards: 1. Stacks shall be located in the rear yard in an area that does not promote rodent harborage and does not adversely affect adjoining premises. 2. Firewood shall be placed in neat and secure stacks on a decay resistant surface or elevated at least four inches off the ground. 3. Individual firewood stacks shall not exceed five feet in height, four feet in width, and 10 feet in length and no more than 400 cubic feet of stored firewood shall be allowed per lot. 4. Stacks shall not contain the types of wood specified in Chapter 9-80(c)(1)b. of this Code. Chapter 9-80(c)(1)b. of the City Code declares "any dead oak, ash or elm tree or part thereof, including logs, branches, stumps, firewood or other oak or elm material from which the bark has not been removed" as nuisances. Driveways. Parking Requirements, and Easements (Planning Case 18-14, Ordinance 18-16) Driveways Driveway/curb cut maximum widths are currently measured at a point setback 20 feet from the property line. The maximum width in a residential district is 24 feet, unless there is a three -car garage, which allows for a width of 28 feet. Commercial and industrial curb cuts are limited to 26 feet. The proposed text amendment includes changing where the curb cut width is measured from, currently a point of 20 feet from the property line, to the actual property lime. Maximum widths would still apply to the area between the curb line and property line. Beyond that point, there would be no width restrictions. In residential zoning districts, buildings and structures of any type, parking areas or other features may not occupy more than 65% of the lot area resulting in less than 35% open space. Parking The parking of commercial vehicles in designated parking stalls is not directly addressed within the City Code. The proposed text amendment involves specifying in the "Off-street parking requirements" section of City Code that a provision must be made for designated parking areas to accommodate commercial or business vehicles that are parked or stored on-site regularly. This will ensure that the Planning Case Reports 18-07,18-11,18-12,18-13,18-14,18-20,18-21,18-27 Page 3 2/1/19 minimum number of required off-street parking spaces are available when not occupied by vehicles parked temporarily on-site. It prohibits commercial vehicles from occupying required parking spaces. The City Code currently states, "there shall be no off-street parking within three feet of any property line." The proposed text amendments involve allowing parking in the right-of-way when a driveway and curb cut are present in the front or side yard. The required setback is reduced from 15 feet to eight feet from the curb for standard vehicles. The required setback for recreational vehicles remains 15 feet from the curb in the front or side yard, when a driveway and curb cut are present. Recreational vehicles stored in the side yard or rear yard must continue to maintain a three-foot setback from rear property lines and side property lines without driveways and curb cuts. The proposed text amendment also lists recreational vehicle parking requirements in the "Off-street parking requirements" section of the City Code and references where exceptions and complete standards can be found. Easements The proposed text amendment related to easements changes the definition of the area referenced from "a portion of land" to "a strip of land." Flagpoles (Planning Case 18-20, Ordinance 18-22J The City Code includes a building height exception for flagpoles mounted on a building, but does not address freestanding flagpoles. The proposed text amendment establishes a five-foot setback requirement for freestanding flagpoles. Recreational Uses(Planning Case 18-21 Ordinance 18-23 The City Code allows recreational uses, such as tents, playhouses, and similar structures for play or recreational purposes. The proposed text amendment expands the definition of recreational uses to include playground equipment and swing sets. Fences (Planning Case 18-27, Ordinance 18-261 The New Hope City Code requires that all posts or similar supporting instruments used in the construction of a fence face inward toward the property being fenced, unless symmetrical. Fences may not obstruct natural drainage and must be at least 5% open to allow for the passage of air and light. Fences not meeting this design standard are treated as walls and must meet building setback requirements. Height restrictions depend on the zoning district (residential or commercial and industrial) and where they are installed on the lot (front, side, or rear yard or corner lot). Fences primarily installed as a security measure in commercial and industrial districts may have projecting arms on which barbed wire can be fastened commencing at a point at least seven feet above the ground on condition that the arms and barbed wire do not encroach onto or over public right-of-way or property lines of adjacent property. The City Code does not prohibit certain types of fences or fence materials. The proposed text amendment adds a section that prohibits the following types of fences: 1. Electric. 2. Barbed wire or razor wire. 3. Sheet metal, scrap metal, corrugated metal, or metal building, siding, or roofing material. 4. Plywood or scrap wood. 5. Canvass, nylon, or other non -rigid material or fabric. Planning Case Reports 18-07, 18-11, 18-12, 18-13, 18-14, 18-20, 18-21, 18-27 Page 4 2/1/19 6. Cast-off, secondhand, or other materials not originally intended to be used for constructing or maintaining a fence. The proposed text amendment eliminates the existing provision allowing for barbed wire fences installed as a security measure in commercial and industrial districts. II. Recommendation The Codes and Standards Committee was in favor of the text amendments related to semi -truck parking, exterior storage, temporary storage units, firewood stacks, driveways, flagpoles, recreational uses, and fencing regulations. One public hearing will be conducted for the entire grouping. Staff recommends approval of the proposed text amendments. Attachments • Ordinances 18-09,18-13,18-14,18-15,18-16,18-22,18-23,18-26 Planning Case Reports 18-07, 18-11, 18-12, 18-13, 18-14, 18-20, 18-21, 18-27 Page 5 2/1/19 ORDINANCE NO. 18-09 AN ORDINANCE AMENDING SECTIONS 4-2 AND 4-20 OF THE NEW HOPE CITY CODE RELATED TO SEMI -TRUCK PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2, Zoning — Rules and definitions is hereby amended to add the underlined text as follows: (b) Definitions. The following words and terms, wherever they occur in this zoning code, shall be interpreted as follows: Semi -truck parking means any truck and trailer combination that has a length of 21 feet or more. Semi -truck parking is the parking of a semi -truck or semi -truck connected to a trailer meeting the performance standards of this Code. Semitrailers not connectedto a truck shall be outdoor storage and subject to the rules and conditions for outdoor storage in this Code Section 2. Section 4-20, is hereby amended to add the underlined text as follows: (a) Purpose. The purpose of the I, industrial district is to provide for the establishment of heavy industrial and manufacturing development use which, because of the nature of the product or character of activity, requires isolation from residential or noncompatible commercial uses due to noise, smoke, odor, low pedestrian vehicle traffic volumes, and high semi -truck traffic volumes. The I district is also intended to provide for large scale activities of a sociological nature not suited to other districts, but reasonably compatible with the same characteristics suitable for general industrial use. (c) Permitted accessory uses. The following are permitted accessory uses in an I district: 10 Semi -truck parking. Semi -truck parking as defined in section 4-2 of this Code shall be a ermitted accessga use when in accordance with the following rovisions: a. Semi -truck parldn& shall maintain a five-foot setback from side and rear yards and a ten -foot setback from front and side yards abutting a street b. Semi -truck parking shall not ocMy required automobile parking stalls and shall not interfere with on-site traffic circulation, access or egress to required parking or on-site loading areas. c. Semi -truck parking in desi ated off-street loading areas shall be permitted when the area complies with this subsection and section 4-3(e)(4) of this Code. d. Semi -truck 12arking shall comply with the stall and drive aisle dimensions as follows: e. Semi -truck parking shall comply with all the curbing, paving, and qd in requirements set forth in section 4-3 e 4 h of this Code. £ Semi -truck parking abutting a residential prov= shall be subject to screening standards set forth in section 4-3 d 3 d of this Code. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of February, 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 0 Parking Space data (based on 14ft x 75ft minimum stall len W (ALL 0311ENSIONS ARE IN FEET OR FRACTIONS W FEETI d A 1 B C 0 1 E F 0 M E-A Y 50-00106-00 100.00 38.00 24.86 75.75 14.00 15.00 T9.00 35' 55.00 1 70.55 95.69 24.41 20.00 75.90 10.00 10.00 92.00 47 54.00 70.31 91.79 21.74 16.49 ?5.10 86.00 21.00 106.00 45' 63-00163-00 89.10 19.60 14.00 755.10 32.00 95.00 130.00 50 67.00 56.22 87.46118-29 11.75 75.72 40.00 26.00 135.00 55 70.00 46.01 46.45 17.09 9.60 75.85 46.00 31.00 147.00 50 79.00 41.57 93.14 16..71 6.08 75.06 64.80 34.00 160.00 e. Semi -truck parking shall comply with all the curbing, paving, and qd in requirements set forth in section 4-3 e 4 h of this Code. £ Semi -truck parking abutting a residential prov= shall be subject to screening standards set forth in section 4-3 d 3 d of this Code. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of February, 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 0 ORDINANCE NO. 18-13 AN ORDINANCE AMENDING SECTIONS 4-2 AND 4-3 OF THE NEW HOPE CITY CODE RELATED TO EXTERIOR STORAGE SCREENING REQUIREMENTS AND STORAGE AND SURFACING REQUIREMENTS FOR VEHICLES AND RECREATIONAL VEHICLES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2, is hereby amended to add the underlined text as follows: Screening or screened means at least 80Der0ent concealed or hidden from admin no, properties or public street rights-of-way. Section 2. Section 4-3(d), is hereby amended to repeal the stricken text and add the underlined text as follows: (8) Exterior storage. The storage or accumulation of junk, refuse, and debris or items not intended for exterior use shall not be allowed. This includes, but is not limited to, appliances, upholstered furniture, waste fill, garbage, recyclables, inoperable vehicles or recreational vehicles, sensed vehicles or recreational vehicles with license Rlate tabs that are more than three months expired, vehicle parts, fluids and accessories, hazardous waste, maintenance equipment, bagged yard waste, and yard waste piles consisting of twigs, branches, or leaves not meeting the definition of a compost site as defined by section 1-2 of this Code. The storage of such items affects public peace and/or safety and constitutes a public nuisance which may be subject to administrative citation, civil penalty, abatement order, and/or charge of a misdemeanor. All materials and equipment, except as specifically authorized elsewhere in this Code shall be stored within a building or completely screened so as not to be visible from adjoining properties or public street right-of-way, except for the following: a. Clothesline pole and wires. b. Vehicles. All passenger vehicles including, but not limited to, cars, station wagons, trucks, motorized vehicles, trailers, campers that are licensed by the state and capable of movement under their own power. Such vehicles may not exceed a gross vehicle weight of 12,000 pounds (must have "A" through "F" sticker on license plate) in the R-1, R-2, R-3, R-4, R-5 and R -O districts. Vehicles incapable of movement under their own power, partially dismantled, used for repair or replacement parts or salvage of any kind, or unlicensed may not be parked or stored outside for a period in excess of seven consecutive days. 1. Vehicles with license plate tabs that are more than three months Mired -net or which are because of mechanical deficiency incapable of movement under their own power, parked or stored outside for a period in excess of seven consecutive days shall be removed from premises in the city. 2. In the R-1, R-2, R-3, R-4, R-5 and R -B zoning districts, the following commercial vehicles and equipment may be stored or parked in a building if said storage or parking does not utilize a minimum required parking space for the property per section 4-3(e)(10) of this Code and the vehicle or equipment is owned by a resident of the property. However, in no event may such vehicles and equipment be stored or parked outside as exterior storage in the R-1, R-2, R-3, R- 4, R-5 and R -B zoning districts: i. Farm tractors and equipment. ii. Military vehicles, including but not limited to, half-tracks, troop transports and tanks. iii. Semi -tractors or trailers. iv. Snow plow units detached from a truck or vehicle used to plow snow. v. Skid loaders. vi. Any commercial vehicles or trailers not defined as recreational vehicles with a registered or licensed gross vehicle weight greater than 12,000 pounds ("G" through "T" or "X" sticker on license plate. c. Recreational equipment and vehicles. 1. Recreational equipment and vehicles may be stored in the front, side, or rear yards except for recreational vehicles and equipment not licensed for or permitted to be operated on public streets such as boats, all terrain vehicles, off road vehicles, snowmobiles, golf carts, race cars and stock cars. Such vehicles must be stored or placed on or inside of a licensed trailer or licensed motor vehicle. Canoes, kayaks, and other small non -motorized boats not on trailers may be stored in the side or rear yard in the following manner: i. Hung off the ground on a garage or other accessory building or structure. ii. Stored on the ground if screened from view from any adjoining residential property and the public right-of-way in accordance with section 4-3(d)(8)hc.3.ii. and iii. of this Code. iii. On residential lots abutting Meadow Lake or Northwood Lake, canoes, kayaks, and other small boats may be stored or maintained on the ground at or within 20 feet of the shoreline of the lake provided that the three-foot side yard setback is maintained. 2. Front yard and side yard corner lots with curb cut access storage of recreational equipment or vehicles not otherwise prohibited from exterior storage in this section shall meet the following standards: i. Storage must be on bituminous, asphalt, or other hard surface material that is durable, weather resistant and suitable to control dust and drainage. Class 5 avel or rock and landscaped yard or grass areas are not suitable for storage. ii. Storage must be set back 15 feet from the street curb and shall not encroach on any sidewalk. 2 iii. Storage is not permitted in a minimum required parking space per section 4-3(e)(10) of this Code. 3. Side and rear yard storage of recreational equipment or vehicles not otherwise prohibited from exterior storage in this section shall meet the following standards: i. Storage must be on bituminous, asphalt, or other hard surface material that is durable, weather. resistant and suitable to control dust and drainage. Class 5 gravel or rock and landscaped yard or grass areas are not suitable for storage. ii. Storage of all recreational equipment or vehicles shall maintain at least. a three foot setback from the side or rear yard property lines except for canoes, kayaks, and other small boats stored at the shoreline of Meadow Lake and Northwood Lake as provided in section 4-3(d)(89)c. Liii. of this Code. ii . Storage must be at least 50 percent screened to break up the visual appearance of the exterior storage from adjoining properties through landscaping or fencing. Fences used for screening purposes shall be erected in accordance with section 4-3(d)(3) of this Code. d. Construction and landscaping material currently being used for an active project on the premises. e. Temporary storage units being used for household relocation and improvement projects are permitted subject to the following conditions: 1. The temporary storage unit is enclosed and secure. 2. The temporary storage unit is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the temporary storage unit may be located on the property for no more than 90 consecutive days. 3. The temporary storage unit is located on a driveway or hard surface area in the front yard, must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks. 4. No permit is required for the temporary storage unit. The city may require information pertaining to the dates upon which the temporary storage unit was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage unit is located on the property. f. Residential dumpster bags being used for household relocation and improvement projects are permitted subject to the following conditions: 1. The residential dumpster bag is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in 3 place for the property, in which case the residential dumpster bag may be located on the property for no more than 90 consecutive days. 2. The residential dumpster bag must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks. 3. No permit is required for the residential dumpster bag. The city may require information pertaining to the dates upon which the residential dumpster bag was placed on a property and when it will be removed if concerns are raised over the duration of time during which the residential dumpster bag is located on the property. Section 3. Section 4-3(e)(4), is hereby amended to add the underlined text as follows: f Residential off-street parking. The parking spaces of any off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, operable trucks not exceeding a licensed gross vehicle weight of 12,000 pounds ("A" through "F" sticker on license plate) and licensed and operable recreational vehicles and equipment as defined by section 4-2(b) of this Code. Passenger vehicles must have license Wate tabs that are active or no more than three months ex fired. Under no circumstances shall any off-street parking spaces or off-street parking facilities accessory to residential structures be used for the storage or parking of commercial vehicles or equipment or for the storage or parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments not a resident at the residential site. Section 4. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25a' day of February, 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor El ORDINANCE NO. 18-14 AN ORDINANCE AMENDING SECTION 4-3(d)(8)e OF THE NEW HOPE CITY CODE RELATED TO TEMPORARY STORAGE UNITS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(d), is hereby amended to repeal the stricken text and add the underlined text as follows: (8) Exterior storage. e. Temporary storage units including but not limited to, car-ao containers. Dortable on demand storage units and dum sters are not allowed as permanent storage structures. Temporary storage units being used for household relocation and improvement projects are permitted subject to the following conditions: 1. The temporary storage unit is enclosed and secure. 2. The temporary storage unit is located on a property for no more than 30 consecutive days in one calendar year, unless there is an active building permit in place for the property, in which case the temporary storage unit may be located on the property for no more than 90 consecutive days. 3. The temporary storage unit is located on a driveway or hard surface area in the front yard, must be setback a minimum of 15 feet from the public street curb and five feet from a private street curb, and five feet from side property lines, and may not intrude on sidewalks. 4. No permit is required for the temporary storage unit. The city may require information—aimagapDertainin to the dates upon which the temporary storage unit was placed on a property and when it will be removed if concerns are raised over the duration of time during which the storage unit is located on the property. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25' day of February, 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk ORDINANCE NO. 18-15 AN ORDINANCE AMENDING SECTION 4-3(d)(8) OF THE NEW HOPE CITY CODE RELATED TO FIREWOOD STACKS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(d), is hereby amended to add the underlined text as follows: (8) Exterior storage. g. Firewood stacks are ermitted in residential districts sub'ect to the followin conditions: 1. Stacks shall be located in the rear yard in an area that does not promote rodent harborage and does not adversely affect ad'oinin remises. 2. Firewood shall be laced in neat and secure stacks on a decay -resistant surface or elevated at least four inches off the around. 3. Individual firewood stacks shall not exceed five feet in heijaht, four feet in width and 10 feet in length and no more than 400 cubic feet of stored firewood shall be allowedep r lot. 4. Stacks shall not contain the t es of woodspecified in Chapter 9-80 c 1 b. of this Code. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of February, 2019. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk ORDINANCE NO. 18-16 AN ORDINANCE AMENDING SECTION 4-3(e) AND 13-2 OF THE NEW HOPE CITY CODE RELATED TO DRIVEWAY AND PARKING REQUIREMENTS AND THE DEFINITION OF AN EASEMENT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(e)(4)g. Calculating space, is hereby amended to add the underlined text as follows: 5. Commercial vehicles in parking stalls. Provision shall be made in the parking area for commercial or business vehicles to be regularly parked or stored on-site to ensure that the required number of spaces are available at all times. Section 2. Section 4-3(e)(4)h.6., is hereby amended to repeal the stricken text and add the underlined text as follows: 6. Curb cut maximum. No curb cut access shall exceed the following width dimensions measured the property line: Section 3. Section 4-3(e)(6), is hereby amended to add the underlined text as follows: (6) Location. All accessory off-street parking facilities required by this Code shall be located and restricted as follows: a. Same lot. Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being serviced, except under the provisions of subsections 4-3(e)(11) and 4-3(e)(12) of this Code. b. Head in parking. Except for single , two-family and townhouse dwellings, head -in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited. c. Parking distance from property line. There shall be no driveways or off-street parking within three feet of any property line. abuttin another pLoj2ertv. Parking in front yards and side yard comer lots with curry cut accesses must be setback at least eight feet from the street curb, shall not encroach on any sidewalk, and must be on an approved surface. This prohibition shall not apply to zero lot line parcels in any residential zoning district containing adjacent garages that share a common wall on the zero lot line when the driveway is shared by the dwelling units and the driveway curb cut also abuts the shared or zero lot line. Recreational vehicles stored in the front yard or side corner lots with curb cut access must be set back at least 15 feet from the street curb and shall not encroach on My sidewalk. Recreational vehicles stored in the side yard or rear yard shall maintain at least a three foot setback from the side or rear yard ro erty lines with exc tions and complete standards set forth in section 4-3(d)(8)c. of this Code. d. Boulevard parking prohibited. The boulevard portion of the street right-of-way shall not be used for parking. Section 4. Section 4-3(e), Off-street parking requirements, is hereby amended to repeal the stricken text and add the underlined text as follows: (7) Other use of required parking area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by subsection 4-3(d)(8)ba of this Code, and/or storage of snow. No parking area shall be used for sales, dead storage, body repair work, including, but not limited to, frame or fender repair, or mechanical repairs of any kind, except that this shall not apply to home maintenance work of a customary or routine nature necessary for the efficient operation of a vehicle, provided that it does not result in oil spillage, litter or other damage to the parking area surface, and provided that such routine home maintenance and upkeep work is completed within 48 hours. Section 5. Section 13-2, Rules and definitions, is hereby amended to repeal the stricken text and add the underlined text as follows: Easement is a grant by a property owner for the use of aop rtion of land for the purpose of constructing and maintaining drives, utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. Section 6. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of February, 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 2 ORDINANCE NO. 18-22 AN ORDINANCE AMENDING SECTION 4-3(b)(5)b. OF THE NEW HOPE CITY CODE RELATED TO REQUIRED FLAGPOLE SETBACK REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(b)(5)b., is hereby amended add the underlined text as follows: 7. Flag -poles mounted on a building, and freestanding flagpoles, which must be set back 5 feet from pLoj2erty lines. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25h day of February, 2019. Kathi Hemken, Mayor ATTEST - Valerie Leone, City Clerk ORDINANCE NO. 18-23 AN ORDINANCE AMENDING SECTION 4-3(b)(1)c. OF THE NEW HOPE CITY CODE RELATED TO THE DEFINITION OF RECREATIONAL USES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(b)(1), is hereby amended to add the underlined text as follows: c. Recreational uses. Tents, playhouses, play_ og ound equipment, swing sets, or similar structures may be used for play or recreational purposes. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of February, 2419. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk ORDINANCE NO. 18-26 AN ORDINANCE AMENDING SECTION 4-3(d)(3) OF THE NEW HOPE CITY CODE RELATED TO FENCES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(d), is hereby amended to repeal the stricken text and add the underlined text as follows: (3) Fencing and screening. a. General provisions. 1. The required screening provisions as specified in subsection (4) of this section, shall supersede, where applicable, the provisions of this subsection. 2. All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced, unless symmetrical. 3. No fence shall obstruct natural drainage. No fence shall be placed within an easement that obstructs or impedes the free flow of surface water from, or within any drainage easements. If a fence is constructed within the easement and it is required to be removed, the city shall not be required to pay compensation for any such fence. 4. The height of a fence, in the case of grade separation, shall be determined on the basis of measurement from the average point between the highest and lowest grade. 5. In the case of a corner lot with the building front oriented to the side yard abutting a street, fences over 42 inches may not encroach into either the required front yard setback or the required side yard setback abutting a street. 6. The following types of fences areprohibited: i. Electric. ii. Barbed wire or razor wire. iii. Sheet metal scrap metal corrugated metal or metal building—siding, building—siding,or roofing material. iv. Plywood or scrap wood. v. Canvass, nylon, or other non -rigid material or fabric vi. Cast-off, secondhand, or other materials not originally intended to be used for constructing or maintaining a fence. b. Residential fencing and screening. Subject to the general provisions of this section: 1. Fences shall be at least five percent open for passage of air and light. Fences not meeting this design standard will be treated as walls and will be required to meet building setbacks. 2. Short fences. Fences 42 inches in height or less may be located on any part of a lot. 3. Tall fences. Fences up to eight feet in height may be located within the required side and rear yard setbacks of a lot which is behind the required front yard building setback as defined within the applicable zoning district. c. Commercial and industrial district fences. Subject to the general provisions of this section: 1. Fences shall be at least five percent open for passage of air and light. Fences not meeting this design standard will be treated as walls and will be required to meet building setbacks. 2. Commercial and industrial fences may be erected up to eight feet in height Fences in excess of eight feet shall require a conditional use permit. 43. Commercial and industrial fencing may be located within the required side and rear yard setback of a lot which is behind the required front yard building setback as defined within the applicable zoning district. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25h day of February, 2019. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 0a CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMLSSION MINUTES January 2, 2019 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; Chair Schmidt called the meeting to order at 7:00 p.m. ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski, Michael Redden Absent: None Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Jeff Alger, Community Development Coordmator/Management Analyst; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Chair Schmidt introduced Item 4. 1, a variance to subdivide a parcel in the Planning Case 18-30 R-2, Single and Two -Family Residential District that currently contains a Item 4.1 twinhome, located at 3575 Independence Avenue North, Patricia Slatosky, petitioner. Mr. Aaron Chirpich, Community Development Specialist, gave background on the case. The applicant currently owns both units of the twinhome located at 3575 Independence Avenue North. The property was originally platted as two separate lots, one for each unit. Shortly after purchasing the property, the applicant combined the parcels into a single lot for tax reasons. The applicant originally resided in one unit while renting the other unit. The applicant has since moved out of the twinhome, and renters currently occupy both units. The applicant now wishes to split the single base lot back into two unit lots to allow for the separate sale of each dwelling unit. To accommodate the requested subdivision, the applicant is requesting a variance for reduced lot area for both parcels. Next, Chirpich reviewed lot areas for the property. The requested variance and lot split reestablishes the original unit lots in a manner that is consistent with the balance of twinhomes within the Highland 2nd Addition subdivision. The unit lot size for the R-2 District was increased in the 2006 zoning update, making the unit lots legally nonconforming. With the minimum lot size changed, the need arises for the variance to accommodate reduced lot sizes. Chirpich concluded that proper legal notice and mailing notice were given. Staff did not receive any questions or comments regarding the proposal. Staff recommends approval of the variance for reduced lot 1. The lot areas depicted on the survey submitted by the applicant are approved. 2. The New Hope Building Official shall inspect the twinhome to demonstrate that the current party wall between the twinhome units has no openings, or doorway connections. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski, Redden Voting against: None Absent. None -Motion approved 9-0 Chair Schmidt stated the case will move forward to the January 28, 2019 City Council meeting. PUBLIC HEARING Chair Schmidt introduced Item 4.2, text amendments to Sections 4-2, 4.3, Planning Case 18-06,18- 4.15, 4-16, 4-20, and 9-11 of the New Hope City Code in relation to open 07,18-08,18-09,18-10 outdoor storage, semi -truck parking, mechanical/rooftop equipment, Item 4.2 trash enclosures at multiple -family properties, and landscaping requirements. Mr. Jeff Alger gave background on the text amendments. The Codes and Standards Committee discussed establishing a Property Maintenance Reference Guide. The Property Maintenance Reference Guide will summarize minimum requirements and standards, encourage the maintenance of buildings and homes, and create a centralized document that addresses all property maintenance issues in "layman's terms." Next Alger gave a description of the text amendments. Open outdoor storage is allowed in the limited Business (LB) and Community Business (CB) zoning districts as a conditional use. This proposed text amendment will expand open outdoor storage to allow recreational vehicle storage in Industrial districts. With the exception of the maximum space requirements, setback, surfacing, fencing, screening/landscaping, required parking, hazardous material storage, refuse and upkeep, and lighting, requirements are made consistent within each of the three districts. The City Code does not define semi -trucks or the parking of such vehicles. 'I%is proposed text amendment will define trucks longer than 21 feet as semi -trucks and distinguishes semi -tuck parking from trailer storage. The amendment limits semi -truck parking to the industrial zoning district as an accessory use to the principal use, establishes parking standards utilizing a MnDOT template, and specifies locational, setback, and screening requirements. Mechanical and rooftop equipment. This proposed text amendment clarifies that ground mounted mechanical screening requirements do not apply to air-conditioning units and redirects to the appropriate section of code. 3 Planning Commission Meeting January 2, 2019 Comuddee 17, 2019. As usual, staff will update the committee on the meeting. Item 5.1 Commissioner Landy stated he would be taldng Commissioner Clark's place if there is a meeting. Codes and Standards There currently is no meeting scheduled. Committee Item 5.2 NEW BUSINESS None OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Brinkman, Approval of Minutes to approve the Planning Commission minutes of December 4, 2018, Item 7.1 Motion carried. ANNOUNCEMENTS None ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:32 p.m. Respectfully submitted, Jessi Weber, Recording Secretary 5 Planning Commission Meeting January 2, 2019