010720 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES January 7, 2020
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, Bill Smith, Matt Korkowski
Absent: Michael Redden
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Brandon Bell,
Community Development Assistant; Stacy Woods,
Assistant City Attorney; Al Brixius, Planning Consultant;
Jessi Weber, Recording Secretary
NEW BUSINESS None
PUBLIC HEARING
Planning Case 20-04
Item 4.1
Chair Schmidt introduced Item 4.1, Planning Case 20-04, a Conditional
Use Permit (CUP) to allow microdistillery with cocktail room, 7530 42nd
Avenue North, A Davis Distillery LLC, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. A Davis Distillery would produce beverage-
grade spirits in small quantities and serve as mixed drinks in the cocktail
room. The cocktail room would be open to the public approximately 30
hours per week. The distilling portion of the business would operate
Mondays and Tuesdays and would not be open to the public. The
cocktail room would be open Wednesday through Sunday afternoon
and evenings, with Sundays primarily reserved for events. The business
would not serve food, although patrons could order food from local
restaurants. Food trucks may be utilized in the future.
Alger then reviewed the licenses and permits required for a
microdistillery and cocktail room. There are state and federal
licenses/permits that are required. Before those can be applied for, all
approvals at the city level must be in place. There are three city-issued
liquor licenses required for the distillery and cocktail room. One for an
on-sale cocktail room, one for off-sale, and one for Sunday on-sale.
Current City Code prohibits on-sale Sunday sales at microdistillery
cocktail rooms and malt liquor at breweries. Staff will propose a text
amendment to allow these uses later in the meeting.
Next, Alger discussed parking and traffic for the site. City Code requires
30 parking stalls for the size of the proposed microdistillery. There are
currently 156 stalls shared with the building to the east. Staff does not
anticipate any parking issues. The striping of the parking lot delineating
parking stalls has faded. An administrative notice was sent to the
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Planning Commission Meeting January 7, 2020
property owner to restripe the parking lot by July 1, 2020. The drive-thru
shall not be utilized and the awning over the drive-thru window shall
be removed. The curb cut on 42nd Ave. N. is intended for ingress only.
One of the requirements of this CUP is to reinstall a “Do Not Enter” sign
at the curb cut to instruct drivers not to use the driveway as an exit onto
42nd Avenue. Drivers are to exit the parking lot at the NW corner on
Quebec Ave N.
Deliveries are infrequent and small in scale. The deliveries are to go to
the west side of the building, located in the drive-thru lane. The owners
anticipate using the outdoor patio. An administrative permit would be
required to serve drinks on the patio. In addition, the edge of the patio
would need to be delineated with bollards or a fence. The petitioner has
indicated a fence would be used. The building façade has awnings in
disrepair. The awnings are to either be repaired, replaced, or removed,
and notice has been given to the property owner to do so. The missing
covers for the building light fixtures are to also be replaced. The business
would utilize the shared trash container on the north end of the
building. An administrate notice was sent to the building owner to
remove exterior storage by the trash enclosure. West Metro Fire has
indicated the lock box containing keys to each business in the building
shall be replaced on the west side of the building.
Alger concluded that proper legal notice and mailing notice were given.
Staff received no feedback regarding this planning case. Staff
recommends the Planning Commission approve the CUP to allow
microdistillery and cocktail room.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Landy questioned if staff had
heard from the property owner. Alger replied they have received no
reply in regards to the administrative notices that had been sent.
Commissioner Clark asked for clarification on which property issues
were included with the CUP and which were separate from the CUP.
Director Sargent explained the “Do Not Enter” sign and the lock box are
included with the CUP. All other property issues are separate and
addressed directly to the property owner.
Chair Schmidt invited the applicant to the podium. Alan Davis and Amy
Hotchkiss (formerly Davis) approached the podium. Chair Schmidt
asked why they decided to open the microdistillery in New Hope. Mr.
Davis said they all live locally and they liked the building location off
42nd Ave. N. The space previously being set up as a coffee shop
provided a good layout for them with minimal alterations.
Commissioner Brinkman asked which type of spirits would be offered.
Mr. Davis responded primarily gins, vodkas, and possibly rums. Down
the road, they are considering adding whiskeys. Commissioner
Brinkman asked if beer would be served. Mr. Davis replied that beer
would not be served, and legally they cannot serve it with their type of
licensing.
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Planning Commission Meeting January 7, 2020
Commissioner Smith asked what the seating capacity was. Mr. Davis
replied that around 49-50 would be about maximum capacity with their
seating plan. That includes tables, bar, and outdoor seating.
Chair Schmidt inquired if weekly events would be offered. Would
certain days of the week would have different specials/events? Mr.
Davis replied that they have had many discussions about events and
plan to do so to draw in customers.
Commissioner Brinkman asked what their hours of operation would be.
Mr. Davis replied Wednesday through Saturday from 4:00 pm – 11:00
pm or midnight. Ms. Hotchkiss added that Sundays would be primarily
aimed for private events to use the space. Mr. Davis explained the
production cannot be done while open to the public, so production days
and general public days need to be delineated, following the licensing
and insurance requirements.
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 wished to speak.
Motion by Commissioner Clark, seconded by Commissioner Landy, to
close the Public Hearing. All present voted in favor. Motion carried.
No further discussion.
Motion
Item 4.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
approve Planning Case 20-04, a Conditional Use Permit (CUP) to allow
microdistillery with cocktail room, 7530 42nd Avenue North, A Davis
Distillery LLC, petitioner, with the following conditions:
1. Applicant shall obtain all required licensing and permits from
the city, state, and federal government in order to serve
alcohol and operate microdistillery with cocktail room.
2. Use of drive-through window shall be prohibited. Drive -
through lane shall be used exclusively for deliveries. Awning
above drive-through window shall be removed.
3. Missing/damaged awnings above subject tenant’s windows
shall be repaired or replaced.
4. A “Do Not Enter” sign shall be installed to prevent motorists
from exiting parking lot onto 42nd Avenue North.
5. Administrative permit shall be obtained for outdoor seating
area. Compact and contiguous area where alcohol will be
consumed shall be delineated with bollard connectors or
fencing.
6. Lock box containing keys to all businesses within building
shall be installed on west side of building in coordination
with West Metro Fire-Rescue District.
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Planning Commission Meeting January 7, 2020
7. Odors from production process or resulting waste product
shall not permeate outdoors.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski,
Voting against: None
Absent: Redden
Motion approved 8-0
Chair Schmidt stated the case will be brought to the January 27, 2020
City Council meeting.
PUBLIC HEARING
Planning Case 20-03
Item 4.2
Chair Schmidt introduced Item 4.2, Planning Case 20-03, request for
amendment to Chapter 10 of the New Hope City Code allowing for on-
sale Sunday sales of malt liquor at brewery taprooms, on-sale Sunday
sales of distilled liquor at microdistillery cocktail rooms, and off-sale
intoxicating liquor sales at microdistillery cocktail rooms, city of New
Hope, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave background
information on the case. The recent CUP application from A Davis
Distillery LLC to open a microdistillery and cocktail room in New Hope
led staff to look into city codes. During the planning process, staff noticed
that the current city code does not allow for microdistilleries or taprooms
to sell on-sale beer and liquor on Sunday. It is the belief of staff that this
section of code was overlooked when changes were recently made to
reflect that the state eliminated the prohibition of Sunday beer and alcohol
sales back in 2017.
Staff believes that since both on and off-sale liquor and beer sales are now
allowed in the other venues in the city on Sundays, it would be in the best
interest of the city to have consistent and conforming code that does not
prohibit microdistillery and taproom sale on Sunday either.
Staff recommends approval of the proposed text amendments.
There were no questions for staff.
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 wished to speak.
Motion by Commissioner Landy, seconded by Commissioner Clark, to
close the Public Hearing. All present voted in favor. Motion carried.
No further discussion.
Motion
Item 4.2
Motion by Commissioner Landy, seconded by Commissioner Mannix, to
approve Planning Case 20-03, request for amendment to Chapter 10 of
the New Hope City Code allowing for on-sale Sunday sales of malt liquor
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Planning Commission Meeting January 7, 2020
at brewery taprooms, on-sale Sunday sales of distilled liquor at
microdistillery cocktail rooms, and off-sale intoxicating liquor sales at
microdistillery cocktail rooms, city of New Hope, petitioner.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski,
Voting against: None
Absent: Redden
Motion approved 8-0
Chair Schmidt stated the case will be brought to the January 27, 2020 City
Council meeting.
PUBLIC HEARING
Planning Case 20-02
Item 4.3
Chair Schmidt introduced Item 4.3, Planning Case 20-02, request for
amendment to Section 6-14(e)(3) of the New Hope City Code related to
right-of-way management and the exceptions to registration
requirements, city of New Hope, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave background
information on the case. The Codes and Standards Committee discussed
the possibility of adding and removing some allowable use exceptions in
the Right-Of-Way Management section of the code at its October 1, 2019
meeting. There were two exceptions that were proposed to be removed:
erecting fences and parking lots. The Codes and Standards Committee felt
that both of these should be removed since they are already not allowed
in the right-of-way due to setback requirements in other sections of the
city’s ordinances.
The Codes and Standards Committee also discussed adding “irrigation
systems” as one of the exceptions in the right-of-way management. Staff
looked into other city’s codes in the surrounding area, and many of them
provide for this exception. It would be in line with current code since
property owners are ultimately responsible for maintaining the
landscaping in the public right-of-way directly abutting their property,
and irrigation systems can be an exceptional way to having healthy
vegetation.
The Codes and Standards Committee was in favor of the text amendment
relating to the addition and subtractions of certain right-of-way
management exceptions.
Staff recommends approval of the proposed text amendments.
There were no questions for staff.
Motion by Commissioner Mannix, seconded by Commissioner Landy,
to open the Public Hearing. All present voted in favor. Motion carried.
No one from the audience wished to speak.
Motion by Commissioner Mannix, seconded by Commissioner Landy,
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Planning Commission Meeting January 7, 2020
to close the Public Hearing. All present voted in favor. Motion carried.
No further discussion
Motion
Item 4.3
Motion by Commissioner Landy, seconded by Commissioner Mannix, to
approve Planning Case 20-02, request for amendment to Section 6-
14(e)(3) of the New Hope City Code related to right-of-way management
and the exceptions to registration requirements, city of New Hope,
petitioner.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski,
Voting against: None
Absent: Redden
Motion approved 8-0
Chair Schmidt stated the case will be brought to the January 27, 2020 City
Council meeting.
PUBLIC HEARING
Planning Case 20-01
Item 4.4
Chair Schmidt introduced Item 4.4, Planning Case 20-01, request for
amendment to Chapter 4 (zoning) of the New Hope City Code adopting
a Business Warehouse zoning district, repealing self-storage as a
conditional use in the Industrial district, and requiring an administrative
permit for limited open outdoor storage in the Industrial district; request
for amendment to the zoning map of New Hope established by New
Hope Code Section 4-4(b) by rezoning certain properties from Industrial
to Business Warehouse, city of New Hope, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. The Codes and Standards Committee discussed
the possibility of creating a new Business Warehouse (B-W) zoning
district at its October 1, 2019, meeting. The purpose of the district would
be to provide for the establishment of wholesale and retail trade of large
volume or bulk commercial items, self-storage, and warehousing. This
includes uses that are industrial in nature but may bring customer traffic
and patronage to the site. In order to implement a new zoning district,
two text amendments must be approved.
The first text amendment establishes zoning requirements and consists of
the following. First, establishes permitted & conditional uses; minimum
lot, building & setback requirements. Second, repeals self-storage facilities
& conversion of industrial buildings into self-storage facilities as
conditional uses in Industrial district. Third, requires administrative
permit for limited open outdoor storage in Industrial district. Fourth,
amends reference in the sign code to specific zoning district to include B-
W zoning district.
Self-storage facilities would only be allowed in B-W district and would
also require a conditional use permit. Rezoning would be required to
open a self-storage facility in the Industrial district.
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Planning Commission Meeting January 7, 2020
Next, Alger reviewed the permitted uses in both districts. The B-W district
uses are similar to permitted uses in the Industrial district, with a few
differences. Automobile major repair, trade schools, and radio and TV
antenna farms are permitted uses in the Industrial district, but would not
be permitted in the B-W district. Radio & TV stations, indoor recreational
businesses, and off site service business are permitted uses in the B-W
zoning district, but would not be permitted in the Industrial district.
Alger then reviewed the conditional uses in B-W district have some
similarities to the Industrial district. Restaurants, motels, solid/hazardous
waste transfer stations, truck terminals and major truck repair, health and
social services, daycare centers, adult uses, and government buildings are
conditional uses in the industrial district, but would not be conditional
uses in the B-W district. Self-storage facilities and warehouse conversion
to self-storage facilities are conditional uses in the B-W district, but would
not be in the Industrial zoning district.
Lot requirements, building heights, and setbacks for the B-W district are
the same as the Industrial district.
The second part of the request involves an amendment to the zoning map.
There are currently eight properties with self-storage uses that would be
rezoned to the B-W zoning district.
Alger concluded that proper legal notice and mailing notice were given.
Staff did receive feedback from four property owners regarding this
planning case. Written feedback was received from a representative of
one property owner, which a copy was given to Commissioners before
the meeting. Staff recommends the Planning Commission approve both
of the proposed text amendments, which will require two public
hearings.
When Chair Schmidt asked if anyone had questions, Commissioner
Clark brought up that it is unusual to have specific lots called out for
rezoning based upon their business use type. It is more common to have
lots similar in geographic area that are rezoned. Mr. Brixus replied that
the properties being rezoned from Industrial to B-W are similar in
zoning and business use. The proposed rezoning should not have an
effect on geographic area. Commissioner Clark asked if another self-
storage business comes in and wants to rezone from Industrial to B-W
district, whether the city could decline the offer. Brixus replied that if
there is interest, the city has discretion to say yes or no for rezoning after
weighing the pros and cons.
Commissioner Landy questioned City Attorney Stacy Woods on the
feedback received from the property owner’s representative. Woods
said that all CUPs run with the land. Since the state has this as a law, the
city would not need to restate the same in the text amendment. Mr.
Sargent clarified that the current owner of the B-W district could no
longer pursue some land uses based upon the rezoning, but current uses
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Planning Commission Meeting January 7, 2020
could remain intact.
Commissioner Clark, wanted records to show that the commission
addressed the feedback from Louts Commercial Properties LLC.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the first Public Hearing. All present voted in favor. Motion
carried.
No one from the audience wished to speak.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to close the first Public Hearing. All present voted in favor. Motion
carried.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the second Public Hearing. All present voted in favor. Motion
carried.
No one from the audience wished to speak.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to close the second Public Hearing. All present voted in favor. Motion
carried.
No further discussion.
Motion
Item 4.4
Motion by Commissioner Landy, seconded by Commissioner Mannix, to
approve Planning Case 20-01, request for amendment to Chapter 4
(zoning) of the New Hope City Code adopting a Business Warehouse
zoning district, repealing self-storage as a conditional use in the Industrial
district, and requiring an administrative permit for limited open outdoor
storage in the Industrial district; request for amendment to the zoning
map of New Hope established by New Hope Code Section 4-4(b) by
rezoning certain properties from Industrial to Business Warehouse, city
of New Hope, petitioner.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski,
Voting against: None
Absent: Redden
Motion approved 8-0
Chair Schmidt stated the case will be brought to the January 27, 2020 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on January 16, 2020. Staff has not received
any applications at this point. If the meeting is cancelled, an update will
be provided.
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Planning Commission Meeting January 7, 2020
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS Chair Schmidt asked if officers needed to be elected. Mr. Sargent replied
he will need to check into which terms are up and can be discussed at
the next meeting. All commissioners were okay with holding elections at
the beginning of the next meeting.
Mr. Sargent said, with it being the beginning of the year, it might be
good to look at the subcommittee elections. Commissioner Redden
would be unable to make all the Design & Review meetings. Currently
Commissioner Landy is in the float position between subcommittees and
could plan on attend the Design & Review meetings as needed, and then
elections could remain the same. Commissioner Landy was okay with
this.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Mannix, to
approve the Planning Commission minutes of July 2, 2019, subject to the
records reflecting Vice Chair Clark filling in for Chair Schmidt. Motion
carried.
ANNOUNCEMENTS Commissioner Brinkman complimented the sound quality in the new
Chambers. Other Commissioners chimed in compliments regarding
having nine spaces at the dais and the overall improvement from the old
chambers.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:56
p.m.
Respectfully submitted,
Jessi Weber, Community Development
Administrative Specialist