060419 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 4, 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, Matt Korkowski, Michael
Redden
Absent: Bill Smith
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Stacy Woods,
Assistant City Attorney; Bob Kirmis, Planning Consultant;
Jessi Weber, Recording Secretary
NEW BUSINESS None
PUBLIC HEARING
Planning Case 19-07
Item 4.1
Chair Schmidt introduced Item 4.1, a site plan review and conditional use
permit (CUP) for planned unit development (PUD) to allow for the
removal of the current residential building and accessory buildings and
constructing a new 22,500 square foot custom car manufacturing facility,
2919 Nevada Avenue N, Automotive Concepts, petitioner.
Mr. Jeff Sargent, Community Development Director, gave background
on the case. The applicant has proposed to redevelop the site to create a
new custom car manufacturing facility. This new building will be a
“clean” facility and will create approximately 35 new jobs. There may
also be potential to lease a portion of the building upon completion. The
subject property is located in Planning District 15, and is land-locked
with access provided by a private drive. Two portions of the private
drive is owned by a separate property owner. Applicant must supply
the city with an executed agreement between both properties for shared
use and maintenance. The applicant is looking to request a tax increment
finance (TIF) district to help with the cost of grading the site for
development, to be reviewed by the City Council at a later date.
The private access drive is located on the south side of the property and
the proposed building will meet all required setbacks in the industrial
district. Parking is a premium for the business, so the applicant has
designated as much parking as possible in the proposed plan. They do
meet the minimum requirements for parking. The private access drive
needs to be repaired to meet minimum conditions. Since this is a private
drive, the distance between curb cuts will be sufficient. “No parking”
signs must be placed on the drive.
Sargent then discussed emergency access, building design, and
landscape plan. Staff is concerned with the property layout creating a
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dead-end affect for garbage haulers and emergency vehicles. The
applicant provided turning plans for trucks and emergency vehicles.
There are parking lot areas that will be striped as “No Parking”, which
are designated to allow for the turning radii of emergency vehicles.
There are some areas of concern with how tight the turning radius is and
closeness to light poles and utility boxes. Staff has advised the applicant
these would need to be moved to allow more space, and was included
as a condition of approval. The building design is precast concrete
panels with windows and metal accents that provide visual interest to
the exterior of the building. The proposed building meets industrial
standards for design guidelines. The trash enclosure is located at rear of
property and the turning radius plan does show garbage trucks could
make the turn-around maneuver. The landscaping plan will include
eight significant trees to be removed. City code requires 97 caliper inches
to be replaced and the proposed landscaping plans meets this
requirement.
Snow storage for the property consists of designated areas located at the
northeast and northwest portion of the property. Snow storage is also
proposed to use 7 parking stalls along west side of parking lot. A
concern of staff is if too much snow is pushed on the steep-sloped green
areas, it may slide onto neighboring properties.
The proposed lighting plan meets lighting standards with the exception
of a couple spots along the west and south property lines where the light
measures exceed the allowable foot-candles. As these areas are adjacent
to the railroad, staff will accept the light spillage through the PUD
process.
Demolition of the single-family home and out buildings are required.
The top elevation is 960’ and will be reduced to 945’ for the proposed
building and 940’ for the parking lots. The utility plan and storm water
management plan are subject to review by the city engineer. The
hydrants will be on a dead-end line and must be flushed periodically.
Staff suggested the water main be looped to create redundancy. The
underground tank system & storm water structure calculation will be
required. Engineering and public works have reviewed the utility plan
and deemed it satisfactory.
The subject property is a non-conforming property. The property was
utilized as a single-family property, and since it is non-conforming
could continue to be used this way if not discontinued for more than 1
year. This use has been discontinued for more than one year, so can no
longer be used as a single-family property. The two options for the
property are to let the house remain and not use the property or
redevelop the property. The applicant does want to redevelop the
property and needs a little help though the TIF district.
Sargent concluded that proper legal notice and mailing notice were
given. Staff did not receive feedback regarding this planning case. Staff
is going to recommend the Planning Commission does approve the site
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Planning Commission Meeting June 4, 2019
plan and CUP for the PUD.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Redden expressed concern with
snow storage on site potentially restricting fire trucks navigating the
site. Mr. Sargent replied that keeping the designated spaces for snow
storage and the separate spots for emergency will help to prevent issues.
If there ends up being a large amount of snow the site cannot
accommodate, the applicant will be responsible for moving it off site as
needed.
Commissioner Brinkman asked where the main entrance to the building
would be. The applicants, Branton Smith, General Contractor for Bauer
and Jerremy Foss, Civil Engineer for ISG, approached the podium. Mr.
Smith answered the main entrance is located near the southwest portion
of the building.
Commissioner Landy asked about the applicant’s view of combining all
parcels vs. recording a restricted deed. Mr. Smith said the applicant is
looking towards combining the lots. Commissioner Landy asked the
applicant if they were comfortable with all 9 conditions. Mr. Smith
stated they were with the understanding that specific details related
with item 5 could not be provided quite yet.
Commissioner Redden asked about condition 4 and if the applicant
knew which route they wanted to go. Mr. Smith stated the applicant is
leaning towards combining everything to one lot.
Commissioner Brinkman asked if there are doors to allow vehicle access
to the inside of building. Mr. Smith replied there are doors on the south,
west, and an exit on the north side of the building. There are also small
double doors for access to the show room.
Motion by Commissioner Landy, seconded by Commissioner Redden,
to open the Public Hearing. All present voted in favor. Motion carried.
Kelly Knutson 2916 Quebec Ave N, New Hope, had concerns regarding
the lighting plan and parking lot lights. All lights from the subject
property shine right into the yard and windows. Mr. Knutson pointed
out that the pole-mounted light that was chosen in the plan was TM4
and projects light backwards into the residential properties. It was
suggested the applicant look into the BLC or back light control lighting
option. This would reduce the amount of light projecting backwards to
the residential properties. It does not shine as far forwards, which is
maybe the reason why the applicant did not choose this style. There is
an optional optical control to allow for dimming at times when people
are not there. Mr. Knutson informed that with the parking lot facing
their homes, headlights would shine right at the residential homes when
workers leave at the end of the day. Mr. Knutson stated the proposed
trees would help block the headlights to a degree. Mr. Smith replied that
the BLC could be a possibility as long as the foot-candles right on the
parking lot did not decrease dramatically. They could also look at
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Planning Commission Meeting June 4, 2019
creating a shrub fence or a privacy fence just along the parking lot side
to create a light blockage. The applicant would likely not prefer
dimmable lights, as they would want to leave lights on at night for
security reasons. The fire department did not want the lot to be fully
enclosed with a fence, so that is why the lights are important.
Commissioner Redden asked what the current elevation is for the site.
Mr. Smith replied the current elevation is 960’ and it will be lowered to
945’. Commissioner Redden commented the elevation change might
help mitigate some of the unwanted light on neighboring properties.
Director Sargent stated it is a good thing the applicant is willing to work
with the resident on the light issues. An explanation was provided as to
why staff was okay with the light spillage at the property line. At the
property line of the subject property there is light overage. The railroad
right of way acts as a buffer between neighboring properties. By the time
light is measured at the residents’ property line, the light levels would
be in compliance.
Camille Freeman, Property manager for 7100 Medicine Lake Road,
approached the podium. She is a new property manager in the area, and
wanted to introduce herself and said their lot is being used as a
temporary storage for Automotive Concepts. They are in support of
their neighbors and of this proposed plan.
Janice Nowling, 2848 Quebec Avenue N, New Hope, stated the lights
from the nearby businesses is a concern. She asked what hours and shifts
Automotive Concepts will have with the new building. Sometimes
nearby businesses with third shifts can produce lots of noise late into the
night. Mr. Smith stated there is no night shift anticipated for the new
building. Chair Schmidt stated that the noise ordinance does restrict
noise after 10:00 pm. If there is loud noise taking place, the police should
be called. Director Sargent reiterated the noise levels need to be met by
all businesses.
Commissioner Brinkman asked for verification of shifts. Mr. Smith
stated Automotive Concepts currently operated between 8:00 am - 6:00
pm. As far as he is aware, the clean facility will have the same hours.
Deliveries can happen earlier or later, but there will be no work done
outside of those hours.
Motion by Commissioner Redden, seconded by Commissioner Landy, to
close the public hearing. All present voted in favor. Motion carried.
Commissioner Redden suggested a change to require the combination of
the lots to one parcel instead of allowing the option of a deed restriction.
Director Sargent stated if there are options for the applicant to pursue, it
should be left open to the applicant to choose the method they would
prefer. If it were included as a requirement to combine the lots, they
would need to complete that process before construction could start. This
would potentially delay the process a few months. It would be in the best
interest for the case to not require the lot combination before construction
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Planning Commission Meeting June 4, 2019
could start. Commissioner Hanson stated the property could exist on its
own and is meeting the zoning setbacks. He did not see a reason to require
them to replat before starting work since the property can function at this
point without combination.
Motion
Item 4.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
approve Planning Case 19-07, a site plan review and conditional use
permit (CUP) for planned unit development (PUD) to allow for the
removal of the current residential building and accessory buildings and
constructing a new 22,500 square foot custom car manufacturing facility,
2919 Nevada Avenue N, Automotive Concepts, petitioner, with the
following conditions: plus two additional. First: City shall retain the
option to require the applicant to remove extra snow offsite to prevent
issues with access to the site for emergency vehicles. Second: Before
the council meeting, the lighting and screening plan shall be
discussed to minimize the negative results to the neighbors.
1. Copy of access easement to ensure perpetual access to this
subject property (Easement document numbe r A9205253 may
be the document) is provided for the review and approval of
the City Attorney and recorded with the property.
2. Condition of the private street shall be upgraded to meet
City standards for private streets to allow the change in use
of the property from low density single-family to industrial.
Applicant shall provide a long-term maintenance agreement
to address the on-going maintenance and repair of the shared
private street and the responsibilities of both properties.
3. “No Parking” signs shall be placed along the private drive to
ensure that this area remains unencumbered.
4. The applicant shall either combine the three site properties
through a platted subdivision or the applicant shall provide
a deed restriction for the review and approval of the City
Attorney that prohibits the separate sale of either of the site’s
two lots.
5. Demolition of excavation plan must be submitted and
approved by the city as part of the building permit
application. No demolition or site grading shall occur prior
to the approval of the demolition and excavation plan. The
demolition and excavation plan shall include the following
information:
a. Quantity of dirt to be removed
b. Dump location and haul routes
c. Schedule and timeframe for removal
d. Daily street clean-up program
e. Waste disposal plan
f. Security for work performance
6. All site development shall occur in accordance with the
approved plan sets dated 5/10/19 and revised 5/24/19.
7. The site and landscape plans shall be revised to provide a
nine-foot clear overhang area behind the parking lot curb
north of the building to allow unencumbered movements of
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Planning Commission Meeting June 4, 2019
a fire truck exiting the site. The striped areas on the north
side of the building that are designated as “No Parking” to
aid in the turning movements of emergency vehicles shall
remain unencumbered at all times.
8. Utility and storm water management plans shall be subject
to the review comments of the City Engineer, Fire Official,
and Building Inspector.
9. Lighting Plan – the free standing light poles along the north
end of the parking lot be relocated outside of the fire truck
turning movement area to avoid damage to the poles. The
freestanding light pole at the northwest corner of the parking
lot is relocated to avoid damage from snow plowing and
snow storage.
10. City shall retain the option to require the applicant to remove
extra snow offsite to prevent issues with access to the site for
emergency vehicles.
11. Prior to the City Council meeting, the lighting and screening
plan shall be discussed to minimize the negative results to the
neighbors.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Korkowski, Redden
Voting against: None
Absent: Smith
Motion approved 8-0
Chair Schmidt stated the case will be brought to the June 24, 2019 City
Council meeting.
PUBLIC HEARING
Planning Case 19-08
Item 4.2
Chair Schmidt introduced Item 4.2, rezoning, subdivision, and platting
for the construction of a senior living care facility, 3216 Winnetka Avenue
N, Hampton Senior Care, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background on
the case. The applicant is proposing a 21,390 square foot senior care center,
which would provide 32 units of life cycle housing. This facility would
create 25 full and part-time jobs and would be staffed 24/7. Subject
property is located in Zoning District 15 North. Subdivision, amendment
to comprehensive plan, and rezoning from industrial to R-5 would be
required for this case. It would also require a CUP and a variance of the
rear yard setback when the site plan is review at a future Planning
Commission meeting. The applicant submitted a plan to show if the
building can fit within the lot. Staff did have some concerns with the
submitted plan that would be addressed during the site plan review
process.
Next, Alger provided details on the subdivision of the lot. The south lot,
where CubeSmart is located, would be 4.4 acres in size. The northern lot,
where Hampton Senior Care would be located, would be 1.8 acres in size.
Both properties would utilize the current cub cut and have a shared access
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Planning Commission Meeting June 4, 2019
point.
Comprehensive plan amendment and rezoning. If this request were
approved, the applicant would submit a separate request for CUP and
variance for rear yard setback for a future meeting. The Metropolitan
Council must review the comprehensive plan amendment. Since
Metropolitan Council is currently reviewing the comprehensive plan,
they are not reviewing amendments. This process will take anywhere
from 60-120 days after Met Council completes their initial review. Final
review would take place in either September or November. City would
receive park dedication fees at the rate of $5,000 per acre, which equals
$9,000 in total.
Subdivision and platting approval of preliminary plat is subject to city
attorney review & final plat including subdivision name, lot and block
numbers, property line drainage & utility easements, and access easement
description. Must include shared access maintenance agreement outlining
maintenance and upkeep responsibilities for shared drive. The character
of the area has changed to warrant consideration of an amendment. Staff
found this to be consistent with the official city comprehensive plan.
Alger concluded that proper legal notice and mailing notice were given
along with “Notice of Land Use Petition” signs being installed. Staff did
not receive feedback regarding this planning case. Staff is going to
recommend the Planning Commission discuss and provide opinion of
the land use change, this case does require a land use plan amendment.
Staff recommends approval of the rezoning and subdivision of the
property.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Mannix asked for clarification if
any variances would be required for the south lot. Mr. Alger replied that
no variance would be needed for the southern lot, and the variance for
the northern lot is not being considered at this meeting, but would be
requested in the future.
Commissioner Clark asked about how the rezoning process worked if
the property is rezoned to R-5 and the applicant decides to not develop
the property. Does the property remain R-5 or does it go back to
Industrial? Mr. Alger explained that if the applicant does not develop
the property, it would remain R-5. Commissioner Redden volunteered
that there may be more interest to use this site as an R-5 zoning
compared to Industrial. Mr. Sargent stated that rezoning the site to R-5
would work within the space and anticipated use. For any potential
interest or development, they would have to follow all the necessary
steps to ensure the proposed use and building would be compatible
with the lot.
Chair Schmidt invited the applicant to the podium. Joel Larson,
President of Hampton Companies and Suite Living, approached the
podium. Chair Schmidt asked Mr. Larson if the delay with Met Council
would be an issue with the project. Mr. Larson replied they would like
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Planning Commission Meeting June 4, 2019
to get in the ground this year if possible. If that ends up not being a
possibility, they will get in the ground as soon as possible in the spring.
Motion by Commissioner Redden, seconded by Commissioner Landy,
to open the Public Hearing. All present voted in favor. Motion carried.
Kathy Enselein, 3332 Utah Ave N, Crystal MN. Expressed concern with
how busy Winnetka Avenue is and there are many accidents and braking
last minute. She was concerned the addition of a new business may
increase the traffic entering and leaving the site, which may cause more
traffic issues. Director Sargent contributed that the county will have
review of the plat and they are very meticulous with traffic safety and will
make suggestions on how to better aid the traffic and flow. The developer
will not be adding any new curb cuts and will be utilizing the
entrance/exit at the curb cut site. Mr. Alger stated the county is discussing
adding a lane change on Winnetka that could happen in the near future.
Motion by Commissioner Redden, seconded by Commissioner Landy, to
close the public hearing. All present voted in favor. Motion carried.
Motion
Item 4.2
Motion by Commissioner Redden, seconded by Commissioner Landy, to
approve Planning Case 19-08, rezoning, subdivision, and platting for the
construction of a senior living care facility, 3216 Winnetka Avenue N,
Hampton Senior Care, petitioner, with the following conditions.
1. Approval of preliminary plat is subject to the final plat
including the subdivision name, lot block and numbers,
property line drainage and utility easements, and an access
easement description.
2. The plat and title are subject to review and approval of the city
attorney.
3. The plat is subject to the review and approval of Hennepin
County.
4. Applicant shall pay a park dedication in the amount of $9,000
prior to the recording the final plat.
5. Applicant shall demonstrate that southern 4.4-acre parcel does
not exceed impervious surface maximums.
6. The requested rezoning of the 1.8-acre parcel shall not take
effect until the requested amendment to the comprehensive
plan has been formally approved by Metropolitan Council.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Korkowski, Redden
Voting against: None
Absent: Smith
Motion approved 8-0
Chair Schmidt stated the case will be brought to the June 24, 2019 City
Council meeting.
COMMITTEE REPORTS There will likely be a meeting on June 13, 2019. Staff will update the
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Planning Commission Meeting June 4, 2019
Design and Review
Committee
Item 5.1
Planning Commission closer to the date.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS Commissioner Landy asked for clarification regarding the rumor of
potential land sale at Gethsemane Cemetery. Mr. Sargent stated the City
has been negotiating with Gethsemane to sell the easement to the City in
order to install streetlights. Commissioner Landy asked if Autohaus is
closed. Mr. Sargent stated they have not heard anything official, but it
does look like they are not in business.
Commissioner Clark stated he filled in for Chair Schmidt at the Council
meeting and it was suggested that when a commissioner votes no on a
case, they should provide an explanation as to why. The Mayor
extended her thanks to the commission for their work. Commissioner
Brinkman stated that he did go to a council meeting and explain why he
gave a no vote for the Cooper planning case.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve the Planning Commission minutes of April 2, 2019, subject
to one correction. Commissioner Landy pointed out an error in the
minutes stating the case was tabled when it was indeed passed. Ms.
Weber stated it would be corrected. Motion carried.
ANNOUNCEMENTS Chair Schmidt stated the Plymouth Planning Commission meeting will
be tomorrow night regarding the Four Seasons Mall property. Chair
Schmidt informed he will be on vacation during the next Planning
Commission meeting, so this will be his last Planning Commission
meeting in the current city hall.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:45
p.m.
Respectfully submitted,
Jessi Weber, Recording Secretary