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.
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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
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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
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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.
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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
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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
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Planning Commission Meeting July 7, 2009