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060722 Planning CommissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES June 7, 2022 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 Landy called the meeting to order at 7:00 p.m. ROLL CALL Present: Ray Alkalai, Jim Brinkman, Howard Kaplan, Heather Koshiol, Roger Landy, Matt Mannix, Michael Redden Absent: Mike Terres Also Present: Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Specialist; Brandon Bell, Community Development Coordinator; Al Brixius, City Planner; Stacy Woods, Assistant City Attorney; Jessi Weber, Recording Secretary NEW BUSINESS Swearing in of new Commissioners Ray Alkalai and Howard Kaplan. Commission discussion to reappoint chair positions. The Commission voted on the following officer positions: Commissioner Landy, Chair; Commissioner Redden, Vice Chair; Commissioner Mannix, Third Officer. Appoint members of Design & Review and Codes & Standards sub- committees. The Commission agreed on the following subcommittees: Design & Review: Commissioner Alkalai, Commissioner Kaplan, Commissioner Brinkman, Commissioner Landy Codes & Standards: Commissioner Koshiol, Commissioner Redden, Commissioner Mannix, Commissioner Terres PUBLIC HEARING Planning Case 22-01 Items 4.1 Chair Landy introduced the planning case. Item 4.1, Planning Case 22-01, Conditional Use Permit to allow for open outdoor storage, 9210 Science Center Drive, Pallet One MN, Inc., petitioner. Mr. Brandon Bell, Community Development Coordinator, gave background information on the planning case. Pallet One is requesting the approval of a CUP to allow storage of up to 45 locked semi-trailers on the site’s east parking lot. Bell then reviewed the zoning analysis. Open outdoor storage areas are required to be screened and landscaped from adjacent public rights-of- way. The site plan calls for 18 Colorado Spruces trees, four to six feet in height, along southern portion of the property to screen the proposed storage from Science Center Drive. The applicant will need to amend 2 Planning Commission Meeting June 7, 2022 their plan and add three to four trees to the east side of the east parking lot entrance. No additional fencing would be required. Surfacing of the outdoor storage is required by code to be concrete or bituminous material. The CUP approval requires the outdoor storage area be paved and provide perimeter curbing. The parking lot will be expanded 50 feet to the north and 15 feet to the east. The stormwater and drainage impacts shall all be reviewed and approved by the City Engineer prior to any changes being made. Next, Mr. Bell reviewed setbacks and parking. The setbacks required by City Code for the outdoor storage area are in compliance based on the site plan. The minimum requirement for the number of parking stalls on the property is 52, and the site plan indicates there will be 53 on-site parking stalls. The applicant has indicated they do not typically use more than 36 stalls. The applicant has indicated that no new lighting will be added to the site. If any lighting should be added in the future, a photometric lighting plan shall be submitted for review. The snow storage plan indicates snow will be moved and stored to the north and east sides of the proposed lot expansion. Chair Landy invited the applicant to the podium. Todd Ernst, Director of Operations for Pallet One introduced himself. Chair Landy asked Mr. Ernst if he was comfortable with the list of conditions that would accommodate the CUP. Mr. Ernst confirmed he was. Motion by Commissioner Redden, seconded by Commissioner Koshiol, to open the Public Hearing. All present voted in favor. Motion carried. No one addressed the commission. Motion by Commissioner Redden, seconded by Commissioner Koshiol, to close the Public Hearing. All present voted in favor. Motion carried. Chair Landy asked if any of the commissioners had any questions. No commissioners had questions. Motion Item 4.1 Motion by Commissioner Redden, seconded by Commissioner Alkalai, to approve Planning Case 22-01, Conditional Use Permit to allow for open outdoor storage, 9210 Science Center Drive; Pallet One MN, Inc., petitioner with the following conditions, 1. All outdoor storage areas be screened and landscaped from the adjacent right-of-way. 2. The applicant must add three to four Colorado Green Spruce trees to their plan and locate them on the east side of the east parking lot entrance, in line with those on the west side of said entrance. 3 Planning Commission Meeting June 7, 2022 3. Outdoor storage is exclusive to semi-trailers and the semi- trailers stored on the lot must be locked and secured. 4. The outdoor storage will be surfaced with concrete or bituminous material, a perimeter curbing provided in the areas directed by the City Engineer. 5. Grading, drainage, storm water management, and wetland delineation, protection, and restoration plans shall be subject to review and final approval by the City Engineer and Stormwater Specialist. 6. Outdoor storage areas shall not occupy required off-street parking, loading areas or access drives. 7. If the applicant plans to add outdoor lighting they shall submit a photometric plan shall meet minimum lighting standards for buildings, parking lots, and pedestrian areas. 8. Applicant shall enter into storm water maintenance agreement with city (to be prepared by city attorney). 9. Property owners are required to address refuse and upkeep of properties used for outdoor storage activities. 10. Snow removed from the outdoor storage area will be stored at the east and north ends of the proposed lot expansion. 11. An as-built plan shall be provided to the city once the project is completed. Voting in favor: Alkalai, Brinkman, Kaplan, Koshiol, Landy, Mannix, Redden Voting against: None Absent: Terres Motion approved: 7-0 Chair Landy stated the case will be brought to the June 27, 2022 City Council meeting. PUBLIC HEARING Planning Case 22-02 Items 4.2 Chair Landy introduced the planning case. Item 4.2, Planning Case 22-02, Conditional Use Permit to allow for a church within a multi-tenant building, located at 9220 Bass Lake Road; The River of Covenant International Ministry, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the planning case. The River of Covenant Church is requesting a CUP to open a church at 9220 Bass Lake Road in Suite LL85, in a 1,200 square foot space on the lower level. The building is home to two other churches and several offices and service businesses. The church would offer services, bible study sessions, and conferences. It is estimated between two and 20 people would attend the various service events. 4 Planning Commission Meeting June 7, 2022 Other churches operating inside of the building include Valiant Church and Calvary Chapel. Valiant Church obtained a CUP in 2019 for use of up to 5,682 square feet of space with a seating capacity of 250 people on the first floor. Cavalry Chapel obtained a CUP in 2020 for use of up to 6,300 square feet of space with a capacity of 250 people. Mr. Alger then reviewed the zoning analysis. Site plan illustrates a total of 220 available parking stalls for the entire building. Guests of The River of Covenant International Ministry would park in the west part of the parking lot and enter through a west-facing door. Per the deputy fire marshal, the maximum occupancy load for this space is 120 people. The applicant states that it is expected that 15 to 20 people will attend service every Sunday. Staff is recommending a condition of approval limiting occupancy to 50 people. If all three churches reached a maximum capacity (550) people, City Code would require 183 parking stalls. The tenant list states that all other offices/businesses within the building operate Monday through Friday between 8:00 am and 5:00 pm. As a result, the available off-street parking supply is considered adequate for all building operations. The application anticipates that the church will grow to 25 to 30 people within the next five to 10 years. The applicant states that the church hopes to have its own facility within that timeframe. Signage will be installed to direct visitors to where the church is located. Signage will be installed at the front lobby, outside of the building, and inside of the building. Next, Alger discussed building and fire codes. The floor plan will need to be modified to include a scale to allow for measurements and the identification of the intended uses within the floor tenant space. The applicant should also provide a plan identifying the location of the tenant space within the building, detailing building access to the church, bathroom facilities, and other ancillary areas that may be available to the church as a tenant. The building official and deputy fire marshal completed a Business Use Certificate of Occupancy inspection. The space appeared to be set up to hold services. Staff conveyed to the applicant that services could not be held in this location unless a CUP had been granted. A letter summarizing this information was mailed to the applicant and property owner. A letter was mailed to the applicant and building owner indicating work that needs to be done to bring the space into compliance with building and fire codes. Installation of one-hour fire walls between the church’s suite and other suites, the addition of a second exit out of the church’s suite, and the addition of a second exit out of the building from the basement. Chair Landy invited the applicant to the podium. Isaiah Pantoe, Pastor for The River of Covenant International Ministry introduced himself. Commissioner Redden asked staff when maximum capacity was 5 Planning Commission Meeting June 7, 2022 reached, if it is based off the 50-person maximum capacity for this church. Mr. Alger stated it was based off the 50-person maximum capacity. If all churches reached their maximum capacities, there would still be and extra 15 parking stalls. Chair Landy asked Isaiah about the Friday Healing service that was from 9:30 pm to 10:30 pm. Mr. Pantoe stated they are adjusting the time to end by 9:30 pm. Chair Landy asked Mr. Pantoe if he was comfortable with the conditionals of approval. Mr. Pantoe stated he was. Motion by Commissioner Mannix, seconded by Commissioner Koshiol, to open the Public Hearing. All present voted in favor. Motion carried. Bill Gabres and Patricia Toro-Gabres, 9209 59th Ave N, New Hope. Stated their back yard is adjacent to the business building. There was not an issue with the proposed church but an issue with the lack of screening between the business property and the single-family properties adjacent. It was mentioned that a prior planning case had the requirement to provide screening from the parking lot and the neighboring properties. Staff acknowledged the concern and stated it would be looked into. Mr. Gabres left his contact information for staff to follow up with him on findings. Chair Landy asked Mr. Pantoe if there would still be signage directing parishioners through the building to the church location. Mr. Pantoe confirmed there would be signage and ushers to help navigate. Motion by Commissioner Mannix, seconded by Commissioner Redden, to close the Public Hearing. All present voted in favor. Motion carried. Chair Landy asked if any of the commissioners had any questions. No commissioners had questions. Motion Item 4.2 Motion by Commissioner Redden, seconded by Commissioner Brinkman, to approve Planning Case 22-02, Conditional Use permit to allow for a church within multi-tenant building, 9220 Bass Lake Road; The River of Covenant International Ministry, petitioner with the following conditions 1. Service and meeting times shall be limited to the hours of operation specified in the application. If conditions change that create an increase in parking demand beyond current capacity, the applicant and building owner shall construct additional parking or adjust building operations to fit within the parking available on site. 2. Seating capacity shall be limited to no more than 50 people within Suite LL85. If a greater seating capacity becomes necessary, an amendment to the conditional use permit shall be required. 6 Planning Commission Meeting June 7, 2022 3. Applicant shall provide a seating diagram illustrating seat arrangements, aisle widths, access and egress, and other features of the assembly area. 4. Building and fire code assessment and architectural drawings shall be prepared by a registered architect illustrating the improvements needed for the introduction of a church into the proposed suite. 5. Building plans shall identify the location of the church within the building and proposed access routes to the church, bathrooms, and other ancillary areas of the building that may be available to the church. 6. A complete review and approval of building and fire prevention plans by the deputy fire marshal and building official shall be completed. Services shall not take place until the suite and building meet minimum requirements for the proposed use and an occupancy permit has been issued. Voting in favor: Alkalai, Brinkman, Kaplan, Koshiol, Landy, Mannix, Redden Voting against: None Absent: Terres Motion approved: 7-0 Chair Landy stated the case will be brought to the June 27, 2022 City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 The next meeting is scheduled for June 16, 2022. If an application is submitted, staff will notify commissioners of the meetings. Codes and Standards Committee Item 5.2 There currently is no meeting scheduled. NEW BUSINESS OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Mannix, seconded by Commissioner Redden, to approve the Planning Commission minutes of November 2, 2021. Motion carried. ANNOUNCEMENTS Director Sargent welcomed the new Commissioners. Sub-committee assignments were reviewed. Staff will look into what numbers would equal a quorum. Commissioner Koshiol asked for an update on the gas station at the intersection of Bass Lake Rd and Winnetka Ave N. Director Sargent stated the owner resides out of state and the construction has stalled. City Code does not prevent a property from being vacant. The owners are making 7 Planning Commission Meeting June 7, 2022 proper payments. Staff will keep an eye on the property. Chair Landy asked if staff knew anything about the United Hardware building located in Plymouth. It looks like was recently torn down and wanted to know if the City of Plymouth had provided notice to New Hope city staff. Director Sargent confirmed that he was not aware of what is happening in that location. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:53 p.m. Respectfully submitted, Jessi Weber, Community Development Administrative Specialist