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070709 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES July 7, 2009 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Oelkers called the meeting to order at 7 p.m. ROLL CALL Present: Paul Anderson, Jim Brinkman, Pat Crough, Jeff Houle, Sandra Hunten, Roger Landy, Ranjan Nirgudé, Bill Oelkers, Tom Schmidt, Steve Svendsen Absent: None Also Present: Curtis Jacobsen, Director of Community Development, Steve Sondrall, City Attorney, Eric Weiss, Community Development Assistant, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC09-10 Chair Oelkers introduced Item 4.1, request for conditional use permit amendment, 8401 54th Avenue North, Hanson Family Investments, Item 4.1 LLC/Master Transfer, LLC, petitioners. Mr. Curtis Jacobsen stated that the petitioner was requesting an amendment to the existing conditional use permit to allow additional outdoor storage for commercial HVAC units, boilers and miscellaneous equipment. There would be no other changes to the site. The building is in an industrial zoning district and is surrounded by industrial properties to the east, west and south, high-density residential to the northwest, and single family residential to the north and northeast. The site contains approximately 3.24 acres. The existing building contains 5,048 square feet. Lot area ratios are 3.5 percent building area, 68.66 percent paved area, and 27.7 percent green area. The site is located in planning district no. 5. Mr. Jacobsen explained that the business consisted of a mobile crane service that operated 10 mobile cranes and six trucks. The trucking portion of the business consists of 20 trucks and 30 trailers. The proposed use would be less intense than the current use as developed by Master Transfer in 2005. The proposed use would be over the road trucking and only the excess trailers would be regularly stored on site. Hanson Family Investments would be relocating due to dislocation from its current Minneapolis site. The purchase of the building was contingent on the approval of the CUP amendment. The equipment Hanson would be storing outdoors would include HVAC equipment, wood blocking pieces to go under the equipment, pallets, compressors, crane jib sections, semi tractors and trailers and hydro cranes. Stacked height would be limited to 14 feet. The storage area would be from approximately 30 feet from the rear of the building to the south fence – approximately 78 feet wide by 300 feet long (option no. 2 on the plan). Property owners within 350 feet of the site were notified and the city did not receive any comments. The applicant’s proposal for the site is considered a significant change to the existing outdoor storage CUP. The existing CUP allowed for storage of no more than six trailers in designated stalls; surfacing of all outdoor storage areas; no storage of hazardous liquids, solids, gases or wastes; and no storage of any items other than the truck trailers. If approved, the amendment would allow the storage of trucks, trailers, cranes, and other equipment related to the business. Mr. Jacobsen reported that the Development Review Team reviewed the proposal and suggested the applicant provide a list of items to be stored outside, limit the stacking to 13 feet, provide details on the exact size of storage area, and that staff preferred option 2. The Design and Review Committee met with the applicant and modified the stacking to allow 14 feet in height. The reason for the increase in height was that the legal load height is 13 feet 6 inches, and with the addition of wood blocking under the product, the height could be 14 feet. The intensity of the site would be reduced and not all of the existing parking would be required, therefore, a portion of the excess would be converted into the outdoor storage area. If the applicant would need new signage, they would have to apply for a sign permit. This proposal is in line with the goals of the Comprehensive Plan, which promotes redevelopment and enhancement of the city’s industrial properties. The Design Guidelines do not apply to this project as the site, building and landscaping would not be altered. Mr. Jacobsen summarized that Hanson Family Investments planned to purchase the site and relocate its business. The mobile crane service primarily was involved in the setting of HVAC equipment at its customer’s locations. The trucking company is over-the-road versus local cartage. The hours of operation generally are between the hours of 7 a.m. and 5 p.m., Monday through Friday. The Design and Review Committee and staff recommend approval of the conditional use permit amendment, subject to the two conditions in the planning report. Commissioner Houle questioned whether or not the recent diesel spill had been cleaned up on the site. Mr. Jacobsen responded that the spill had been cleaned up all the way to Victory Pond. The Pollution Control Agency was following up and the city’s inspection’s department would continue to monitor the site as well. The applicant was aware of the spill and it had been addressed in the purchase agreement. Commissioner Houle confirmed that the original CUP agreement did not allow the parking of trucks or trailers in front of the building. Mr. 2 Planning Commission Meeting July 7, 2009 Jacobsen stated that the applicant intended for all storage to be located to the rear of the building behind the fence. Discussion ensued regarding whether or not the storage area needed to be specified. The applicant would need truck maneuvering space on the site as well. Chair Oelkers interjected that the Design and Review Committee preferred the storage in that location to screen it from the residential properties to the north. Houle maintained that due to the fact that the property was zoned industrial, he felt specifying an area may be an unnecessary restriction and storage could take place anywhere on the site. Mr. Jacobsen added that the city would be concerned that a maximum amount of storage be identified. Mr. Sondrall, city attorney, added that it was vital to specify the storage area. Control and enforcement of storage areas are problematic and without a specified plan for the storage, it would be difficult to control the conditional use permit requirement. The city code indicates that the outdoor storage area should be fenced. Mr. Sondrall recommended that storage area be specifically designated and the diagram of the storage area be attached to the CUP agreement. It was mentioned that the property from the building to the rear property line is currently fenced. The property slopes downward from front to rear, which would help with screening the storage area from the residential properties to the north of 54th Avenue. The fence also provides security. Commissioner Hunten stated she felt that the items stored in this area were operational equipment. The equipment would be stored on site temporarily until it was ready to install at their customer’s location. Mr. Sondrall interjected that all equipment outside was considered storage. Mr. Peter Hanson, Hanson Family Investments, came forward to address the Commission. Mr. Hanson confirmed that the items to be stored on site would be HVAC units that had been purchased and would be held on site until their customer was ready for the installation. Cranes and trailers would also be stored on site. Commissioner Nirgudé clarified that the hours of operation would be from 7 a.m. to 5 p.m. Mr. Hanson added that occasionally there may be some overtime. Currently, Master Transfer operates much longer hours. Commissioner Houle wondered where the old HVAC units were stored. Mr. Hanson stated that most of the time the units were sent to the scrap yard the same day. Occasionally, a unit may be held overnight if the job was completed late in the day. No one was in the audience to address the Commission. Motion by Commissioner Svendsen, seconded by Commissioner Houle, to close the public hearing on Planning Case 09-10. All voted in favor. Motion carried. MOTION Motion by Commissioner Svendsen, seconded by Commissioner Item 4.1 Brinkman, to approve Planning Case 09-10, request for conditional use 3 Planning Commission Meeting July 7, 2009 permit amendment, 8401 54th Avenue North, Hanson Family Investments, LLC/Master Transfer, LLC, petitioners, subject to the following conditions: 1.The height of all stored material shall be limited to a maximum of 14 feet. 2.The area of the outdoor storage shall be as identified in Option #2 as submitted by the applicant. Voting in favor: Anderson, Brinkman, Crough, Houle, Hunten, Landy, Nirgudé, Oelkers, Schmidt, Svendsen Voting against: None Absent: None Motion carried. Chair Oelkers stated that this planning case would be considered by the City Council at its meeting on July 27 and asked that the petitioner attend that meeting. PC09-06 Chair Oelkers introduced Item 4.2, request for conditional use permit, 5040 Winnetka Avenue North, FMHC Corporation for T-Mobile Central Item 4.2 LLC, petitioner. MOTION Motion by Commissioner Landy, seconded by Commissioner Svendsen, Item 4.2 to deny Planning Case 09-06, request for conditional use permit due to the applicant’s failure to provide the necessary information to review the planning application, 5040 Winnetka Avenue North, FMHC Corporation for T-Mobile Central LLC, petitioner. Voting in favor: Anderson, Brinkman, Crough, Houle, Hunten, Landy, Nirgudé, Oelkers, Schmidt, Svendsen Voting against: None Absent: None Motion carried. Chair Oelkers stated that the Commission’s recommendation for denial would be considered by the City Council at its meeting on July 27. COMMITTEE REPORTS Design and Review Commissioner Svendsen reported that the Design and Review Committee met with Mr. Hanson and another applicant whose variance request for a Committee garage addition in the front yard was denied. A letter of withdrawing the Item 5.1 application was received by the city. Mr. Jacobsen added he was not aware of any applications to be submitted by Friday’s deadline. The committee will be notified if a meeting is necessary on July 16. Codes and Standards Commissioner Schmidt reported that the Codes and Standards Committee did not meet in June. Chair Oelkers suggested that the Codes Committee and Standards Committee study front/side yards on corner lots and Item 5.2 4 Planning Commission Meeting July 7, 2009 whether or not the legal front (least frontage) definition should be changed. Mr. Sondrall suggested that the city planner review this policy. He added that every city he worked with had the same definition for a corner lot. He recommended that the city deal with the variance requests on a case-by-case basis rather than change the code. Mr. Jacobsen added that staff may schedule a committee meeting sometime in August to discuss several issues. OLD BUSINESS Mr. Weiss gave a brief update of Planning Case 04-01, Winnetka Green housing development, located at the southeast quadrant of Bass Lake Miscellaneous Issues Road and Winnetka Avenue. The request from Ryland Homes was for Item 6.1 rezoning, platting, Comprehensive Plan amendment, and street vacation. Mr. Weiss stated that city staff and the Homeowners’ Association met monthly for the first couple years after the project was completed to deal with several issues. The HOA now monitors the project and works closely with the police department. Mr. Jacobsen added that the calls for service have been reduced to fewer than 10 per month, which is very good for the size of the development. Rental units in the development have dropped due to the HOA’s monitoring the resale of the units. Mr. Sondrall mentioned that the developer had initially indicated that there would not be any more than 10 percent of the units sold as rental units. Rather than put a limitation on rental units in the bylaws and declaration, the Council opted for a requirement that the units not be rented to transient renters and all leases be for a minimum of one year. The rental units were never a major concern. Mr. Jacobsen explained that the planning review process was done very well. The transition of the units from Ryland to the Homeowners’ Association did not take place until all the units were sold, which did not get the first home owners involved early on in the process. Mr. Sondrall initiated discussion on the cleanup costs associated with the contamination on one of the properties during construction. The city had estimated $50,000 and in reality the final cost was closer to $500,000 to haul contaminated soil off the site. A lawsuit was initiated against Sinclair Oil to recoup some of the money. Former Mayor Opem played a major role in helping the city recover approximately $250,000. A suggestion was made to keep the contamination issue in mind if the school bus garage site was redeveloped. Chair Oelkers stated he was troubled by people degrading renters in the city, as sometimes the problem is that landlords do not take care of their properties. Rental properties are a part of a healthy community and are necessary. Most of us were renters at one point. He stated he felt the best place to have rental properties was where there was an association that took care of the outside of the building. 5 Planning Commission Meeting July 7, 2009 Oelkers stated he was also concerned with the density and lack of green space. In the future, the city should be certain that adequate green space would be provided. Mr. Sondrall commented that at the time of this development, the city was looking to add empty nester housing, which would not have a lot of children associated with it. There is a park in close proximity to the development. Mr. Jacobsen stated that the Metropolitan Council had estimated that the city would add over 450 housing units to the city in the next 20 to 30 years. Mr. Weiss added that the city cannot meet the Met Council’s goal in the current Comprehensive Plan. The review of the current Comprehensive Plan is being held up because of this statistic. Commissioner Nirgudé added that he was also concerned with the density of the development, although he thought the property as a whole looked good. Mr. Jacobsen added that the project was viable with the 175 unit total and would not have worked financially with less than half that number. Redevelopment is very expensive with acquisition, relocation, and demolition. In order for a project to break even, the density had to be higher. The city acquired all of the properties and sold them to Ryland. Mr. Sondrall added that Phase 3 would have demolished another eight to 10 homes and the City Council at the time rejected Phase 3. Commissioner Brinkman stated that he felt the Winnetka Green development was a real positive for the city, however, he did not feel there was enough lighting on the outside perimeter of the project. Mr. Jacobsen stated that representatives from adjacent cities have indicated to him they thought this was a good project and would like to see a redevelopment project like this in their own city. Commissioner Landy reminded the commissioners that this was the first project of this kind and the city could learn from its earlier mistakes. He stated he felt there were more positives than negatives. Commissioner Schmidt stated he felt it seemed to be better than what was there, however, felt it looked out of place. There should have been some transition housing between the high density and single family properties. Commissioner Crough stated he felt it was a good project and good for the city. Chair Oelkers agreed that it was a good project, but was concerned with the density. He suggested that if there ever was a development project on the vacant, city-owned property at 52nd and Pennsylvania avenues that it should be single-level, high-density properties. NEW BUSINESS Motion to Approve Motion by Commissioner Landy, seconded by Commissioner Schmidt, to Minutes approve the Planning Commission minutes of June 2, 2009. All voted in 6 Planning Commission Meeting July 7, 2009 Item 7.1 favor. Motion carried. ANNOUNCEMENTS Chair Oelkers reminded the Commission that it would be meeting with the City Council on July 20 starting at 6:30 p.m. Commissioner Brinkman stated that he has retired and sold his business to the Sir Speedy in Fridley. A question was raised on how the emerald ash borer was affecting the ash trees in the city. A brief discussion ensued regarding Ryan Companies, the school district administration building, and the potential city center redevelopment. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:20 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary 7 Planning Commission Meeting July 7, 2009