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020519 Planning CommissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES February 5, 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: Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski Absent: Scott Clark, Michael Redden Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Jeff Alger, Community Development Coordinator/Management Analyst; Stacy Woods, Assistant City Attorney; Al Brixius, Planning Consultant; Jessi Weber, Recording Secretary NEW BUSINESS None PUBLIC HEARING Planning Case 19-01 Item 4.1 Chair Schmidt introduced Item 4.1, a 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. Mr. Aaron Chirpich, Community Development Specialist, gave background on the case. The church plans to start out using a 1,182 square foot conference room for their services and related activities. As the church grows, they plan to utilize a larger space in suite 330, which gives a total footprint of 5,682 square feet. Next, Chirpich reviewed parking requirements for the church. Based on the proposed maximum occupancy of 250 chairs, 83 parking spaces would be required. The submitted site plan shows 220 available parking stalls for the entire building. All building tenants, other than the proposed church, operate during the normal business hours of 7:00 am to 6:00 pm, Monday through Friday. Two tenants have hours on Saturday mornings from 9:00 am – 12:00 pm. As a result, the available off-street parking supply is considered adequate for all building operations. Chirpich relayed that Commissioner Clark wanted the Commission to consider and discuss the idea of adding a stop sign at the parking lot exit. This would ensure safety when all parishioners are leaving the parking lot at the same time. Part of the conditional use permit application process requires the church spaces to meet all applicable building and fire code requirements. The submitted fire prevention plan is subject to the approval of the Fire Marshal. The proposed use of the building is consistent with the intent of the 2 Planning Commission Meeting February 5, 2019 Comprehensive Plan and compatible with current and future land uses. Chirpich concluded that proper legal notice and mailing notice were given. Staff did receive inquiry from residents via phone and the email correspondence is included with the packet. The inquiries mainly focused on hours of operation for the church. Staff recommends approval of the requested conditional use permit with the conditions outlined in the report. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, no one had questions. Chair Schmidt then invited the petitioner to the podium. David Grams, Pastor of Valiant Church came to the podium to answer any questions. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. Bill Gabrys, 9209 59th Ave N, New Hope asked for clarification on parking in the event the church expands to the full capacity indicated in the presentation. Commissioner Landy responded street parking is not allowed. Director Sargent clarified the plan was presented based on their maximum capacity, so what was proposed will accommodate all parking needs. If the need should arise in the future for more parking, another parking analysis would be done. Trish Gabrys, 9209 59th Ave N, New Hope asked what the church’s hours were and if there would be any outdoor events. Mr. Grams stated the doors open at 9:30 am, the services start at 10:30 am, and services end at noon. On a rare occasion, an event might happen that would involve a tent set-up on a designated area on the grass the building owner has set aside for that use. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the public hearing. All present voted in favor. Motion carried. Commissioner Brinkman asked if the main entrance to the building would be used for services. Also, if there would be any sort of security at the doors or inside the building. Brinkman expressed concern for the other businesses in the building and if anyone would come in the building not for services. Mr. Grams stated there would be volunteers acting as security on Sundays. There would be volunteers at the door and within the building before, during, and after the services to make sure everyone in the building is for the church services. Motion Item 4.1 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 19-01, a 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, with the following conditions outlined in the report and the additional condition from Commissioner Clark to add a stop sign at the parking lot exit: 3 Planning Commission Meeting February 5, 2019 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. 3. Installation of a stop sign at the parking lot exit. Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski Voting against: None Absent: Clark, Redden Motion approved 7-0 Chair Schmidt stated the case will move forward to the February 25, 2019 City Council meeting. PUBLIC HEARING Planning Case 19-02 Item 4.2 Chair Schmidt introduced Item 4.2, a conditional use permit (CUP) and variance to allow for expanded outdoor storage located at 9101 International Parkway, Clariant Corporation, petitioner. Mr. Aaron Chirpich gave background on the case. Clariant Corporation has continually grown the past couple years resulting in the warehouse space becoming overcrowded. Clariant is utilizing their outdoor storage as a place to store surplus materials in semi-truck trailers. Chirpich showed an aerial view of the property denoting the three outdoor storage areas. Storage area A is located in the rear yard and is in compliance. Storage areas B and C are located in the front yard of the property and are not in compliance. Next, Chirpich reviewed parking requirements for the property. City Code requires one parking stall per 500 square feet of building space. Based on the size of the building, 86 parking spaces would be required. Between the north parking area and south parking area, they have 89 parking spaces. All of Clariant’s staff and guests are able to park in the north lot, so they would like to utilize storage area C in the southern parking lot as a temporary storage area on an as-needed basis. Clariant has installed screening along storage area B. Screening consists of fencing with a vegetative-look fabric covering. This screening meets the requirements of the CUP. No new lighting has been proposed; if new lights are added they would need to be compliant with city 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 to allow for inspections and fire protection. 4 Planning Commission Meeting February 5, 2019 Chirpich concluded that proper legal notice and mailing notice were given. Staff did not receive any questions or comments. Staff recommends approval of the requested conditional use permit a nd variance with the conditions outlined in the report. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, no one did. Chair Schmidt then invited the applicant to the podium. Rob Bouley, 9101 International Parkway, New Hope, Facilities Coordinator for Clariant Corporation approached the podium. Commissioner Landy asked Mr. Bouley if he was comfortable with the conditions outlined in the report and that no hazardous materials were stored on site. Mr. Bouley responded he was comfortable with the conditions and he stated that a report was submitted explaining what was stored in the containers and nothing is considered hazardous. Motion by Commissioner Landy, seconded by Commissioner Brinkman, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wanted to address the commission. Motion by Commissioner Landy, seconded by Commissioner Brinkman, to close the public hearing. All present voted in favor. Motion carried. Mr. Brouley made another note that a drawing was submitted that showed all the turning detail for the loading dock. Motion Item 4.2 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 19-02, a conditional use permit (CUP) and variance to allow for expanded outdoor storage located at 9101 International Parkway, Clariant Corporation, petitioner, with the following conditions: 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. 5 Planning Commission Meeting February 5, 2019 Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski Voting against: None Absent: Clark, Redden Motion approved 7-0 Chair Schmidt stated the case will move forward to the February 25, 2019 City Council meeting. PUBLIC HEARING Planning Case 19-03 Item 4.3 Chair Schmidt introduced Item 4.3, a text amendment to allow ground- mounted solar, 9220 Bass Lake Road, Smartflower MN, petitioner. Jeff Alger gave background on the case. Smartflower MN has requested to amend the city’s zoning code to allow for ground-mounted solar collection systems. The New Hope City Code does not specifically regulate solar panels. Under this provision, freestanding solar equipment is currently not 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 of interest and has not been identified as a permitted use. Alger then gave an overview of the new ordinance in relation to roof- mounted and ground-mounted solar systems. For both roof-mounted and ground-mounted systems, the ordinance will define solar energy systems, requires all systems meet minimum safety standards and code requirements, requires the removal of any systems that have been nonfunctional for a year or more, and applies the city’s tree replacement standards. Roof-mounted systems cannot extend more than 15 feet above flat roof surfaces. Systems may not have a finished pitch steeper than the roof on which they are mounted and may not be higher than 10 inches above the roof. Systems cannot extend beyond the exterior perimeter of the building, must allow a three-foot aisle spacing between panels, prohibits reflectors, and requires building and electrical plans. Ground-mounted solar is allowed in the Limited Business (LB), Community Business (CB), City Center (CC), Governmental, Park, and Open Space (GPO), and Industrial (I) zoning districts. Limits the systems to 20 feet in height and a maximum area of no more than 30% of the floor area of the building. The ordinance requires setbacks of: front yard 30’, side yard interior 5’, side yard abutting a street 20’, and rear yard 5’. It prohibits system from interfering with traffic and requires the minimization of glare. Any electrical feeder lines must be placed underground. The Codes and Standards Committee supported the creation of a solar energy ordinance but did not review the draft ordinance prepared by the 6 Planning Commission Meeting February 5, 2019 city planner. Smartflower of Minnesota has reviewed and supports the draft ordinance. Staff recommends approval of the proposed text amendment. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff, Al Brixius stated the R-O and R-B zoning districts should be added to the ordinance for zoning districts solar energy systems are permitted in. Commissioner Smith asked if the Smartflower pictured in the presentation was located in New Hope. Mr. Brixius stated it was not located in New Hope. Commissioner Korkwoski asked how non-functioning solar systems would be identified and the removal of those systems would be enforced. Mr. Brixius stated staff would not be out monitoring if each system was still in use, but if there are obvious signs it in non-functioning it would be addressed. Chair Schmidt invited the applicant to the podium. Michael Popovich, Smartflower MN, 9220 Bass Lake Rd, New Hope, approached the podium. Commissioner Smith asked how the cleaning process works. Mr. Popovich explained there are brushes on the petals, so when the system opens and closes the brush cleans the dust, debris, snow, etc. off the panels. No liquids are used. Motion by Commissioner Landy, seconded by Commissioner Mannix, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wanted to address the commission. Motion by Commissioner Landy, seconded by Commissioner Mannix, to close the public hearing. All present voted in favor. Motion carried. Commissioner Brinkman asked if the applicant had a location in mind for setting up a Smartflower system and if Mr. Popovich was comfortable with the ordinance. Mr. Popovich said they would like to set up a system at their location and that they were comfortable with the ordinance. Mr. Sargent said city staff did not want to prohibit any building from utilizing this system by limiting the placement locations to side or rear yards. Motion Item 4.3 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 19-03, a text amendment to allow ground mounted solar, 9220 Bass Lake Road, Smartflower MN, petitioner, with the addition of the R-O and R-B zoning districts. Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski Voting against: None Absent: Clark, Redden 7 Planning Commission Meeting February 5, 2019 Motion approved 7-0 Chair Schmidt stated the case will move forward to the February 25, 2019 City Council meeting. PUBLIC HEARING Planning Case 18-06, 18- 07, 18-08, 18-09, 18-10 Item 4.4 Chair Schmidt introduced Item 4.4, text amendments to Sections 4-2, 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. Jeff Alger gave background on the text amendments. This batch of the text amendments is the second and final portion of the Property Maintenance Reference Guide. Next, Alger gave a description of the text amendments. 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. The amendment establishes dimensional parking standards; 5-foot setbacks from side & rear yards, 10-foot setback from front & side yards abutting a street, and allows parking in designated off-street loading areas when meeting code requirements. Exterior storage amendment quantifies screening requirements. Defines “screened” as at least 80% concealed or hidden from adjoining properties or ROW. Vehicles will be allowed to have expired tabs for up to three months before it is considered exterior storage. The amendment applies front yard recreational vehicle storage requirements to side yard corner lots with curb cut access, vehicles are to be stored on a hard surface, 15- foot setback required, and cannot be located in required parking spaces. Recreational vehicles in all yards must be placed on bituminous, asphalt, or other hard surface. Recreational vehicles are to be at least 50% screened through landscaping or fencing. The proposed text amendment expands the definition of temporary storage units to include cargo containers, portable on demand storage units, and dumpsters. These need to be on hard surface in front yards and cannot be located on sidewalks. The text amendment expands the list of exterior storage exceptions to include firewood in residential districts. Firewood has to be stored in the rear yard; placed in neat and secure stacks on decay resistant surface or be elevated 4” from the ground; stacks cannot exceed 400 cubic feet per lot and may not contain wood from oak, ash, or elm trees. The proposed text amendment for driveway and parking requirements changes the location of driveway width measurement to the actual property line. The amendment also prohibits commercial vehicles from 8 Planning Commission Meeting February 5, 2019 occupying required parking spaces. The definition of an easement is changed from “a strip of land” to a “portion of land”. The proposed text amendment would reduce the required setback from the curb for passenger vehicles from 15’ to 8’. The required setback from the curb for commercial vehicles remains 15’ and the 3-foot setback remains in regards to rear & side yards. Commissioner Smith asked for clarification about hard surfaces for driveways. Mr. Alger verified the driveway width is measured at the property line. From the property line to the garage, the driveway can be a wider width. The current City Code does not address freestanding flagpoles. The proposed text amendment establishes a 5-foot setback requirement for freestanding flagpoles. The proposed text amendment expands the definition of recreational uses to include playground equipment and swing sets. 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: electric; barbed or razor wire; sheet metal, scrap metal, corrugated metal, or metal building, siding or roofing material; plywood or scrap wood; canvass, nylon, or other non-rigid material or fabric; cast- off, secondhand, or other materials not originally intended to be used for constructing a fence. Commissioner Korkowski asked if pallets would be included in those prohibited materials. Alger replied it would be included. Mr. Sargent stated any legally non-conforming items can remain in place and be maintained. If the non-conforming item is removed for a period of six months, it will need to be replaced in a way that is code compliant. Al Brixius further explained that any structural or building items completed without the appropriate permits would need to be removed. Commissioner Mannix asked if the fencing requirements are for industrial or residential districts. Alger said the requirements would apply to all zoning districts. Alger concluded that proper legal notice was given and staff did not received any questions in r egards to these proposed text amendments. Staff recommends approval of the proposed text amendments. Commissioner Korkowski asked if there were any limits to the number of stacks of firewood per property. Alger said it is limited to 400 cubic feet per property and showed a picture of a storage locker, which is 400 cubic feet, for comparison purposes. Mr. Sargent stated that the code enforcement is complaint based and will respond when complaints are received. Mr. Alger said yard waste and piles of brush would not qualify as firewood. 9 Planning Commission Meeting February 5, 2019 Motion by Commissioner Landy, seconded by Commissioner Brinkman, to open the Public Hearing. All present voted in favor. Motion carried. No one from the audience wanted to address the commission. Motion by Commissioner Landy, seconded by Commissioner Brinkman, to close the public hearing. All present voted in favor. Motion carried. Motion Item 4.4 Motion by Commissioner Landy, seconded by Commissioner Mannix, to approve Planning Case 18-07, 18-11, 18-12, 18-13, 18-14, 18-20, 18-21, 18- 27, text amendments to Sections 4-2, 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. Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Korkowski Voting against: None Absent: Clark, Redden Motion approved 7-0 Chair Schmidt stated the case will move forward to the February 25, 2019 City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 A Design and Review meeting is scheduled for February 14, 2019. Staff is anticipating two items will be discussed. Commissioner Landy asked to be made aware if he will be needed to fill in at the meeting. Codes and Standards Committee Item 5.2 There currently is no meeting scheduled. NEW BUSINESS None OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Landy, seconded by Commissioner Brinkman, to approve the Planning Commission minutes of January 2, 2019, Motion carried. ANNOUNCEMENTS Commissioners commented on how the new Power Point template is a good improvement. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:07 p.m. Respectfully submitted, 10 Planning Commission Meeting February 5, 2019 Jessi Weber, Recording Secretary