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
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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:
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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.
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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.
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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
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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
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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
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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.
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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,
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Planning Commission Meeting February 5, 2019
Jessi Weber, Recording Secretary