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100323 PC Packet PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, October 3, 2023 7:00 p.m. Petitioner must be in attendance at the meeting 1. CALL TO ORDER 2. ROLL CALL 3. NEW BUSINESS 3.1 Swear in new Planning Commission member Natalie Brown 3.2 Elect chair, vice chair, and third officer positions 4. PUBLIC HEARING 4.1 PC 23-02, Conditional Use Permit for deferment of required parking; 5017 Boone Ave North; Kurt Scepaniak, petitioner 5. COMMITTEE REPORTS 5.1 Design and Review Committee – next meeting scheduled for Thursday, October 19, 2023, at 7:30 a.m. 5.2 Codes and Standards Committee 6. CONSENT BUSINESS 7. OLD BUSINESS 7.1 Approve February 7, 2023, Planning Commission minutes 8. ANNOUNCEMENTS 9. ADJOURNMENT Planning Case Report 23-02 Page 1 9/29/23 PLANNING CASE REPORT City of New Hope Meeting Date: October 3, 2023 Report Date: September 29, 2023 Planning Case: 23-02 Petitioner: Kurt Scepaniak Address: 5017 Boone Avenue North Project Name: Horizon Roofing Project Description: Conditional use permit for deferment of required parking at 5017 Boone Avenue North I. Type of Planning Request 1. Conditional Use Permit II. Zoning Code References Sections: 4-33 Administration – Conditional Use Permit 4-3(e)(13) – Deferment of Required Parking III. Property Specifications Zoning: Industrial Location: 5017 Boone Avenue North Adjacent Land Uses: North: Industrial West: Industrial (wetland) South: Industrial East: R-1, Single-family Residential (church) Site Area: 5.14 acres Planning District: Planning District 3. The Comprehensive Plan supports working with existing industries to encourage business retention and to promote the proper screening of outdoor storage areas, exterior treatments, and trash enclosures within the district. IV. Background The owner of 5017 Boone Avenue North is requesting a conditional use permit for the deferment of required parking. The initial application also included a request for a variance related to the open Planning Case Report 23-02 Page 2 9/29/23 outdoor storage area on the west side of the property. The variance would have exempted the applicant from fencing portions of the open outdoor storage area. After receiving feedback at the Design & Review meeting, the applicant withdrew this request and now plans to fence the entire area. Because the proposed open outdoor storage area was less than 20% of the gross floor area of the principal building, the request was processed administratively. Conditions associated with the approval are specified in the attached letter. With 8,573 square feet of office space and 75,240 square feet of warehouse space, the building requires a minimum of 71 on-site parking stalls. The site plan submitted by the applicant includes 54 parking stalls, resulting in a deferment of 17 parking stalls. The site plan includes 20 possible future parking stalls (proof of parking) within the open outdoor storage area on the west side of the property. The building is currently occupied by Horizon Roofing (primary tenant), The Dillon Group, and Ilham Trading. According to the applicant, approximately 20 employees are based out of the building. V. Zoning Analysis A. Plan Description 1. Setbacks The applicant is not proposing any changes to the footprint of the building or the size of the parking lots/open outdoor storage area. 2. Parking, Surfacing & Pavement The applicant’s narrative indicates the building is comprised of 8,573 square feet of office space and 75,240 square feet of warehouse space, resulting in a required parking count of at least 71 stalls. Floor Area Floor Area After 10% Deduction Ratio Required Parking Office 8,573 SF 7,716 SF 1 stall per 300 SF 26 stalls Warehouse 75,240 SF 67,716 SF 1 stall per 1,500 SF 45 stalls Total Required 71 stalls The site plan submitted by the applicant includes 54 parking stalls, requiring a deferment of 17 parking stalls. The site plan includes 20 possible future parking stalls (proof of parking) within the paved open outdoor storage area on the west side of the property. According to the applicant, approximately 20 employees are based out of the building and parking demand is significantly lower than what is required by City Code. The City Code allows for a deferment of required parking not less than one-half of the amount required by ordinance. The request would result in the building having 76% of the stalls required by City Code. In the event of changes to the building occupancy or parking demand, the city can require that the proof of parking area be converted into parking stalls. This would be possible through the recording of a restricted covenant against the property title providing that additional parking shall be constructed if the demand exceeds the actual on-site parking supply. Planning Case Report 23-02 Page 3 9/29/23 The building owner intends to make repairs and stripe areas of the parking lot and open outdoor storage area later this year. Parking stalls and drive aisles must match what is depicted on the submitted plans and meet the following dimensional standards: • Stall width: 8’ 9” • Stall length: 19’ • Drive aisle width: 24’ The parking lot must be surfaced with concrete or bituminous material. It must include two disability parking stalls and one van accessible disability parking stall. Parking may not take place within drive aisles, loading areas, fire lanes, or on the street. 3. Landscaping & Screening The request does not involve changes to the location of the existing parking lots/open outdoor storage area. There are some trees and shrubs that aid in screening the parking lot along 51st Avenue North, a cul-de-sac that provides access to another industrial property to the north. There are also trees located along Boone Avenue North, which aid in screening the westerly parking lot. No additional plantings or screening mechanisms are being proposed. 4. Snow Storage The applicant has provided a snow storage plan that indicates snow will be moved and stored to the east of the easterly parking lot and to the north of the westerly parking lot. There is a snow storage area depicted within the open outdoor storage area as well. 5. Trash Enclosure Industrial uses must provide trash enclosures for any waste containers that contain refuse and recyclable material or equipment. The enclosures must fully screen the containers from view from adjacent properties. The site plan indicates a trash enclosure will be constructed for the trash container located near the entrance to the open outdoor storage area at the northwest corner of the west parking lot. The applicant must submit a building permit for the enclosure, which must comply with standards for the district. Additionally, there are several containers and dumpsters located within the westerly parking lot. Waste containers must be located within an enclosure or inside of an approved open outdoor storage area. 6. Exterior Storage Several parking stalls within the westerly parking lot are occupied by exterior storage. The storage of any material, recreational vehicles and equipment, product, or semitrailers, accessory to the principal use of the property shall be restricted to approved open outdoor storage areas. The exterior storage may not take place within designated parking areas. There are several propane tanks being stored within the westerly parking lot. The storage of such tanks is not permitted within side yards abutting public streets. Storage tanks must be surrounded by 25 feet of open area and are subject to regulations specified in Section 4- 20(d)(5) of the City Code as well as the International Fire Code. The applicant must obtain a special hazard permit for the storage of any propane or LP gas tanks, which is subject to approval by the deputy fire marshal. Planning Case Report 23-02 Page 4 9/29/23 B. Zoning Code Criteria I. Conditional Use Permit (CUP) Criteria for decision. The Planning Commission and City Council shall consider the possible adverse effects of the proposed conditional use. In determining whether to approve or deny a Conditional Use Permit, the City Council and Planning Commission shall find that the Conditional Use Permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. (1) Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city. Findings. The proposal is consistent with the goals of the Comprehensive Plan, which supports retaining, maintaining, and promoting the in-place expansion of New Hope’s industrial businesses. It also supports attracting new industrial businesses to fully utilize the city’s industrial areas. Horizon Roofing moved into the property in 2022 and has since made upgrades to the building. (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. Findings. The site is located within one of the city’s industrial parks and the existing use is consistent with allowable uses within the industrial district and is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms to all applicable performance standards outlined in the Zoning Code. Findings. Per Section 4-3(e)(13) of the City Code, the deferment of required parking is a conditional use with the following criteria: a. Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under subsection 4-3(e) of this Code during the peak demand period. Factors to be considered when reviewing the proposed parking demand shall include, but not be limited to: 1. Size, type and use of building. Findings. The industrial building is occupied by Horizon Roofing (primary tenant), The Dillon Group, and Ilham Trading. The applicant’s narrative indicates the building is comprised of 8,573 square feet of office space and 75,240 square feet of warehouse space. 2. Number of employees. Findings. The current businesses employ approximately 20 employees that are based out of the subject building. The applicant is proposing 54 parking stalls along with 20 proof of parking stalls. Most Horizon Planning Case Report 23-02 Page 5 9/29/23 Roofing employees go directly to jobsites and are not based out of the property. 3. Projected volume and turnover of employee and/or customer traffic. Findings. Customer traffic is minimal to nonexistent for each of the three tenants. The property owner projects that any turnover would be replaced at an equal or lesser ratio. 4. Projected frequency and volume of delivery or service vehicles. Findings. Deliveries are minimal as most of the primary tenant’s product goes directly to jobsites. 5. Number of company owned vehicles. Findings. The primary tenant’s company vehicles are not picked up or dropped off at the property as employees and service crews take the company vehicles home with them. The applicant has stated that only 20 employees are based out of the building and that 54 available parking stalls will be more than sufficient. Parking may not take place within drive aisles, loading areas, fire lanes, or on the street. 6. Storage of vehicles on site. Findings. The primary tenant’s company vehicles are not picked up or dropped off at the property as employees and service crews take the company vehicles home with them. b. Required minimum parking. In no case shall the amount of parking provided be less than one-half to the amount of required parking by ordinance. Findings. The request would result in the building having 76% of the number of stalls required by City Code. c. Sufficient parking. The property owner must demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of parking if necessary. Findings. The applicant owns the building and has designated 20 possible future parking stalls (proof of parking) within the open outdoor storage area on the west side of the property. In the event of changes to the building occupancy or parking demand, the city can require that the proof of parking area be converted into parking stalls. d. On-site parking. On-site parking shall only occur in areas designed and constructed for parking in accordance with city code. The area reserved as “proof of parking” shall be sodded or seeded and maintained as green space. No permanent buildings shall be permitted in the “proof of parking” area. Findings. All proposed on-site parking must occur in designated code- compliant areas that meet all dimensional standards. The proof of parking area is already paved as it is located within the approved open outdoor storage Planning Case Report 23-02 Page 6 9/29/23 area for the building. Should the area be needed for parking, any open outdoor storage will need to be removed to allow access to the space. e. Restrictive covenant. The property owner shall record a restrictive covenant against the title to the property providing that additional parking shall be constructed in accordance with city code if the site parking demand exceeds the actual on-site parking supply in the sole opinion of the city. The form of the restrictive covenant shall be approved by the city attorney before the issuance of the conditional use permit. Findings. Staff will work with the applicant and the city attorney to draft a suitable covenant that meets this requirement and protects the proof of parking area from any building construction. This covenant will be recorded against the property. f. Zoning Compliance. To qualify for a parking deferment, the site plan must comply with all current zoning standards. Findings. The applicant’s proposed site plan configuration must be adjusted to ensure parking stalls and drive aisles meet dimensional standards specified within the City Code. Parking shall not take place within drive aisles, loading areas, fire lanes, or on the street. g. Application for and approval of a conditional use permit for deferment of required parking shall also be subject to the provisions of section 4-33 et al. of the New Hope city code. Findings. The applicant’s proposal meets all standards set for in section 4-33 of the New Hope City Code. Section 4-33 addresses the general administration of conditional use permits. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. Findings. The proposed use will not depreciate the area’s value. No structural changes are being proposed to the footprint of the building or the size of the parking lots/open outdoor storage area. (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. Findings. The proposed use complies with all other zoning district criteria. *Sections (7) and (8) apply to other zoning districts. (8) In industrial districts (B-W, I): a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. Findings. All traffic will continue to enter and exit the property from 51st Avenue North. It is not anticipated that the use will generate nuisance characteristics because of the low impact it will have on the surrounding area. Planning Case Report 23-02 Page 7 9/29/23 The storage of any material, recreational vehicles and equipment, product, or semitrailers, accessory to the principal use of the property shall be restricted to approved open outdoor storage areas. b. Economic Return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasible be used. In considering the economic return to the community, the planning commission and city council may give weight to the sociological impact of a proposed use, both positive and negative. Findings. No structural changes are being proposed to the footprint of the building or the size of the parking lots/open outdoor storage area. After being on the market for several years, the building has been fully occupied since it was purchased in 2022. This has resulted in upgrades to the building and additional jobs in the area, as compared to a previously vacant industrial building. 1. Type of Approval i. Conditional use permit – quasi judicial 2. Timeline i. Date Application Received: September 8, 2023 ii. End of 60-Day Decision Period: November 7, 2023 iii. End of 120-Day Decision Period: January 6, 2023 VI. Notifications Property owners within 500 feet of the parcel were notified of the application and public hearing by mail, a land use petition sign was placed at the property, and a legal notice was published in the Sun Post newspaper and on the city’s website. Staff did not receive feedback or questions about the project. VII. Summary The owner of 5017 Boone Avenue North is requesting a conditional use permit for the deferment of required parking. The building requires a minimum of 71 on-site parking stalls. The site plan submitted by the applicant includes 54 parking stalls, resulting in a deferment of 17 parking stalls. The site plan includes 20 possible future parking stalls (proof of parking) within the open outdoor storage area on the west side of the property. According to the applicant, approximately 20 employees are based out of the building. VIII. Recommendation Staff recommends that the Planning Commission conduct a public hearing and approve a conditional use permit for the deferment of required parking at 5017 Boone Avenue North, subject to the following conditions: Planning Case Report 23-02 Page 8 9/29/23 1. A restrictive covenant shall be recorded against the property that mandates the construction of the proof of parking area, if the city finds that the demand for on-site parking exceeds the available supply. This covenant shall preserve the proof of parking area from any type of construction. 2. All proposed on-site parking shall occur in designated code compliant areas that meet dimensional standards specified within the City Code. Parking shall not take place within drive aisles, loading areas, fire lanes, or on the street. 3. Exterior storage shall be restricted to approved open outdoor storage areas. 4. Special hazard permit shall be obtained for the storage of any propane or LP gas tanks, which is subject to approval by the deputy fire marshal. 5. Waste containers shall be located within enclosures or inside of approved open outdoor storage areas. A building permit shall be obtained for the construction of any trash enclosures, which must comply with standards for the district. Attachments • Application, narrative, and plans (September 8, 2023, and September 21, 2023) • Aerial map • Site photos • ABCities memorandum from Alan Brixius (September 11, 2023) • Administrative permit for open outdoor storage Please note that the variance request related to the open outdoor storage area was withdrawn by the applicant when the revised application was submitted on September 21, 2023. The memorandum from ABCities was written prior to withdrawal of the request. Revised application Hennepin County Property Map Date: 9/26/2023 Comments: 1 inch = 400 feet PARCEL ID: 0711 82124 0013 OWNER NAME: Prope rty C ents Llc PARCEL ADDRESS: 5 017 Boon e Ave N,New Hope MN 55428 PARCEL AREA: 5 .14 acres, 22 3,8 47 sq ft A-T-B: Abstract SALE PRICE: $5,900 ,000 SALE DATE: 01/2022 SALE CODE: Warranty De ed ASSESSED 2022, PAYABLE 2023 PRO PERTY TYPE: In dustria l-Non Preferred H OMESTEAD: No n-Homeste ad MARKET VALU E: $5,9 00,0 00 TAX TOTAL: $200 ,54 6.7 4 ASSESSED 2023, PAYABLE 2024 PROPERTY TYPE: Industrial HOMESTEAD: Non-Ho mestead MARKET VALUE: $6,191,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2023 5017 Boone Avenue North 5017 Boone Avenue North 5017 Boone Avenue North 5017 Boone Avenue North Abcities LLc PLANNING REPORT TO: Jeff Sargent FROM: Alan Brixius DATE: September 11, 2023 RE: 5017 Boone outdoor storage variance and parking deferment conditional use permit FILE NO: 131.01 23.06 PID: 0711821240013 BACKGROUND The property at 5017 Boone Avenue contains a multiple tenant industrial building. The property owner wishes to convert the parking area west of the building to outdoor storage to serve the building tenants. The site is zoned I industrial district which allows outdoor storage as either an administrative permit or conditional use permit. The proposed storage area is approximately 16,660 square feet in area which is less than 20% of the principal building which allows outdoor storage by administrative permit. The conversion of the parking area to outdoor storage reduces the on-site parking below the required parking count. The reduction in the available parking requires a conditional use permit for deferment of parking (proof of parking). Additionally, the applicant requesting a variance from the outdoor storage fence requirements. ANALYSIS Zoning. The site is zoned “I” Industrial Zoning District. The proposed uses: office, equipment maintenance, and warehousing are permitted uses within the “I” District. Outdoor storage less than 20% of the area of the principal buildings is allowed by Administrative Permit. 16405 78th Avenue n. MApLe Grove teL: 763-242-6955 eMAiL ALbrixius@GMAiL.coM Parking Deferment Conditional Use Permit. The applicant’s narrative indicates that the office and indoor warehouse uses within the building will require 75 parking spaces. The breakdown of floor space within the building shown on the site plan does not clearly identify the office and warehouse floor area to allow the City to verify the required parking count. Currently, the total number of employees within the entire building is 20 employees. Section 4-3 (e)(13) of the New Hope zoning code allows for a parking reduction in the number of required parking where the actual demand is below the City parking standards by conditional use permit provided the following criteria is met. 1. Evidence is provided demonstrating that the parking requirements of the proposed use will be less than the parking required under subsection 4-3(e) of this Code during the peak demand period. Comment: The current employee count within the building is 20 employees. The proposed on-site parking illustrated on the site significantly exceeds the current employee count. 2. In no case shall the amount of parking provided be less than one-half of the amount of parking required by ordinance. Comment: City staff must verify the 75 parking spaces correctly reflect the required parking for the size and uses within the building. The site plan (Exhibit A) shows 64 parking stalls. In review of the site plan, we find that certain stripped parking stalls do not appear to function per code. Exhibit B demonstrates that a number of the proposed stalls will not function. Six parking stalls located north of the concrete loading area cannot be accessed or used with trucks in the loading docks. The three parallel parking stalls along the north edge of the parking lot will interfere with access to the west loading area. Two parking stalls located between loading areas presents access and safety concerns. With the removal of the aforementioned eleven parking stalls the site will have 54 parking stalls or 73% of the required parking. 3. The property owner can demonstrate that the site has sufficient property under the same ownership to accommodate the expansion of the parking facilities to meet the minimum requirements of subsection 4-3(e) of this Code if the parking demand exceeds on-site supply. Comment: The conversion of the west parking lot removes portions of the available on-site parking. In the event that the occupancy of the building changes, creating a greater parking demand, a portion of the outdoor storage area will need to be reclaimed for on-site parking. The site plan must illustrate proof of parking area that the property owner may restore to parking in the future if needed. This will be a condition of the CUP approval. 4. On-site parking shall only occur in areas designed and constructed for parking in accordance with subsection 4-3(e) of this Code. The area reserved as "proof of parking" shall be sodded or seeded and maintained as a green space or a recreational area. No permanent buildings shall be permitted in the "proof of parking" area. Comment: Currently the parking is not striped on the lot. As a condition of approval, the parking lot must be striped showing the designated parking stalls. All stalls must meet City dimensional standards of 8.75 feet wide, 19 feet in length and a drive aisle of 24 feet wide. A parking lot having 51 to 75 stalls is required to provide 2 disability parking stalls and 1 van accessible stall. The site plan must illustrate compliance with the required disability parking. As noted earlier, some of the on-site parking stalls on the site plan will not function and do not meet City standards. The removal of these stalls will not negatively impact on the site. 5. The property owner shall record a restrictive covenant against the title to the property providing that additional parking shall be constructed in accordance with subsection 4-3(e) of this Code if the site parking demand exceeds the actual on-site parking supply in the sole opinion of the city. The form of the restrictive covenant shall be approved by the city attorney before the issuance of the conditional use permit. Comment: The site has the capability of expanding parking within the outdoor storage area if it becomes necessary. A condition of approval of the parking deferment conditional use permit, the City will require the property owner to convert some of the outdoor storage area back into parking if it is demonstrated that the reduced parking count proves to be inadequate for the uses within the building. Loading. The site identifies an area and access for large truck loading and unloading for the building. Shipping and receiving areas serving the building meet the requirements of City Code. Snow Storage / Removal. The site plan illustrates extensive hard surface. The applicant shall provide a plan for snow removal and snow storage areas parking, loading and outdoor storage areas. Open outdoor storage as a principal or accessory use. Open outdoor storage as a accessory use, where the open outdoor storage area is less than 20 percent of the gross floor area of the principal structure may be approved as an administrative permit provided that: 1. Accessory use. Open outdoor storage areas must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site. Comment: The proposed outdoor storage is an accessory to the permitted business within the building on site. This condition is met. 2. Maximum space. Open outdoor storage areas connected with the principal use are limited to 20 percent of the gross floor area of principal structure. Comment: The proposed outdoor storage is approximately 16,660 sq. ft. in area the principal building is 83,135 sq. ft. The storage area is 19.96% of the principal building floor area. 3. Setbacks. The open outdoor storage area is not located within any front yard or side yard abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side and rear lot lines and not located within a utility or drainage easement. Comment: The proposed outdoor storage area meets the required setbacks. As shown on the site plan a utility easement runs through the proposed outdoor storage. The plan must preserve access to the easement in the event that the City needs to access the utility within the easement. The applicant must provide the City with access through the entrance gate and limit storage outside the easement. 4. Surfacing. Open outdoor storage areas are surfaced with concrete or bituminous. Comment: The proposed outdoor storage area has a bituminous surface. There is no concrete curbing around the paved areas, as such there is a concern with storage growing into the unpaved areas of the lot. Applicant has indicated that indicated that the outdoor storage will be limited to the pavement through their operations. 5. Fencing. A wire weave/chain link security fence is erected around the open outdoor storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. Comment: The site plan shows an existing fence and gate along the east end of the outdoor storage area. The plan must include a means for City access into the storage area for access to the existing easement and for fire access. The applicant has requested a variance from the outdoor storage perimeter fence requirement along the north, west and south side of the site. The applicant indicates that the site is surrounded by wetland and woodland areas that limit access, define the limits of the storage area and effectively screen the storage area from public streets and adjoining properties. Section 4-36 of the New Hope Code outlines the criteria for considering a variance from the zoning standard including. • That the property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code. Comment: Outdoor storage as an accessory use, is an allowed use in the City’s Industrial zoning district. This is a reasonable use of the property. • The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner. Comment: The physical conditions (wetlands and woodlands) surrounding the site are unique to the property not common to other industrial lots in the city. These features present a practical difficulty that may warrant consideration of the requested variance. • The variance will not alter the essential character of the locality or permit a use not allowed within the respective zoning district. Comment: The physical conditions unique to the site isolates and screens the outdoor storage area from adjoining properties. The fence variance will not alter the essential character of the industrial area. • The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety. Comment: The fence variance will not impair light or air. • Practical difficulties are physical conditions unique to the property that result in practical difficulties when using the parcel or lot within the strict application of the terms of this Code. Economic conditions alone shall not constitute a practical difficulty if a reasonable use of the property exists under the terms of this Code. Practical difficulty shall be unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district. Comment: The site and fence variance meet the practical difficulties terms to warrant variance consideration. 6. Screening/landscaping. Open outdoor storage areas are landscaped, fenced, and screened from view of adjacent residential properties and public rights-of- way in accordance with the provisions of subsection 4-3(d)(3) of this Code. Comment: The existing vegetation provides screening of the outdoor storage area. Applicant must provide a detail of the fence and screening materials for the new fence along the east side of the storage area. 7. Required parking. Open outdoor storage areas do not utilize any required off- street parking, loading areas, or access space, as required by subsections 4- 3(e) and 4-3(f) of this Code. Comment: The proposed outdoor storage area will occupy some of the required parking. The applicant is requesting a parking deferment CUP based on a parking demand less than the required parking. With the approval of the CUP, the City will require the provision of more on-site parking if demand exceeds the provided striped parking stalls (a reduction in the outdoor storage area.). 8. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous liquids, solids, gases, or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. Comment: The outdoor storage area shall be limited to items accessory to the on- site businesses. Applicant shall provide a list of items intended to be stored within the outdoor storage area. Hazardous materials shall be prohibited. The administrative permit shall include the list of storage items. 9. Refuse and upkeep. Open outdoor storage areas are kept free of refuse, trash, debris, weeds, and waste fill. Comment: This shall be a condition of the administrative permit and variance approval 10. Lighting. All lighting is hooded and so directed that the light source is not visible from the public right-of-way or from neighboring residences. Comment: The site plan does not include any new exterior lighting. An new exterior lighting shall be submitted for City approval and shall meet the exterior lighting standards of Section 4-3(5) on the New Hope zoning code. CONCLUSION The businesses at 5017 Boone Avenue need accessory outdoor storage for their operation. The applicant is proposing to convert the west parking lot to an area of outdoor storage. To accomplish this site change they have filed applications for an administrative permit for outdoor storage, conditional use permit for a parking deferment, and a variance from the outdoor storage fence requirements. In review of the applicants’ request we offer the following recommendations. Administrative Permit: We recommend approval of the administrative permit for outdoor storage for 5017 Boone Avenue based on the site plan (Exhibit B) of this report with the following conditions. 1. Outdoor storage is limited to paved (asphalt) areas as shown on the attached approved site plan. Any storage encroachment beyond the paved area of the approved site is a violation and may result in the City requiring the installation of a physical barrier/ fence to prevent the expansion of storage beyond the paved area of the site. 2. Storage items shall not be located within the City utility easement. 3. The applicant shall provide the City with the means to access the outdoor storage area to access the utility easement or provide fire access. 4. The applicant shall provide a list of outdoor storage items for the site. The storage items shall be accessory to the businesses on-site and prohibit the storage of hazardous materials. 5. Applicant shall provide a site snow removal / storage area for the parking, loading areas and the outdoor storage area. 6. Compliance with the conditions of the outlined for the fence variance and CUP parking deferment. Fence Variance: We recommend approval of a variance from the outdoor storage fence requirements on the north, south and west perimeter of the storage area at 5017 Boone Avenue N. based on the variance findings outlined in this report. Said variance shall include the following condition of approval. 1. If outdoor storage items encroach into areas beyond the existing pavement, the property owner shall install a barrier / fence around the entire perimeter of the approved outdoor storage area upon directive of the City. Conditional Use Permit – Parking Deferment: Based on our review of the site plan and the CUP request we recommend approval of the CUP for a parking deferment with the following conditions. 1. Applicant shall provide a breakdown of uses by floor area within the building to allow the City Staff to verify the number of required parking stalls. 2. The site parking shall be striped per the site plan, parking stalls have a minimum dimension of 8.75 feet by 19 feet. Drive aisles shall have a minimum width of 24 feet. 3. The three parallel parking stalls and the 4-6 parking stalls located north of the concrete ramp, two stalls between the loading areas shall be eliminated from the site plan. 4. The site plan shall be revised to illustrate required disability parking meeting ADA standards. 5. If the on-site parking demand changes in the future, exceeding the number of available striped parking stalls. The property owner shall reduce the outdoor storage area and provide additional on-site striped parking stall to satisfy the parking demand. The property owner shall revise the site plan illustrating the proof of parking area that may be restored to parking. No parking shall be permitted on- street, within drive aisle, loading areas for fire lanes. September 22, 2023 Property Cents LLC Kurt Scepaniak 5017 Boone Ave N New Hope, MN 55448 Subject: Administrative permit for open outdoor storage at 5017 Boone Avenue North Dear Mr. Scepaniak, Please be advised that city staff has reviewed your administrative permit application for open outdoor storage at 5017 Boone Avenue North and has approved the request, subject to the following conditions: 1. Open outdoor storage shall be limited to fenced and screened areas in side and rear yards. 2. Permit shall be obtained for new eight-foot fence. 3. Open outdoor storage area shall be screened from view from adjacent public right-of-way. 4. Open outdoor storage shall be located on an approved paved surface. 5. No storage of any kind shall take place within the utility easement or drive aisle depicted on the site plan. Drive aisle shall be at least 20 feet wide in all locations to allow for fire access. 6. Utility easement and drive aisle shall be striped as shown on plan. Areas shall be restriped as needed. 7. Open outdoor storage area shall be limited to equipment and vehicles associated with on- site business. The accumulation or storage of junk, refuse, debris, weeds, hazardous materials, or other waste is prohibited. 8. Applicant shall provide Public Works Department and West Metro Fire-Rescue District with keys to gate(s) to be kept in lock box on building. As previously suggested, you may want to consider adding a second gate for emergency access and snow storage purposes. Once the fence and gate have been installed, please provide keys to Shelby Wolf, Deputy Fire Marshal with West Metro Fire-Rescue District and Bernie Weber, Director of Public Works. CITY OF NEW HOPE 4401 Xylon Avenue North ⬧ New Hope, Minnesota 55428-4898 ⬧ www.ci.new-hope.mn.us City Hall: 763-531-5100 ⬧ Police (non-emergency): 763-531-5170 ⬧ Public Works: 763-592-6777 ⬧ TDD: 763-531-5109 City Hall Fax: 763-531-5136 ⬧ Police Fax: 763-531-5174 ⬧ Public Works Fax: 763-592-6776 Mr. Scepaniak Page 2 September 22, 2023 If you would like to meet to review these conditions, please contact me and I will be happy to coordinate a meeting. Sincerely, Jeff Alger Community Development Specialist 763-531-5119 cc: Reece Bertholf, City Manager Jeff Sargent, Community Development Director Eric Hanson, Building Official Bernie Weber, Public Works Director Shelby Wolf, Deputy Fire Marshal Property File (5017 Boone Ave N) CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES February 7, 2023 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, Don Collier, Heather Koshiol, Roger Landy, Matt Mannix, Mike Terres Absent: Howard Kaplan, Michael Redden Also Present: Jeff Sargent, Director of Community Development; Brandon Bell, Community Development Coordinator; Al Brixius, City Planner; Stacy Woods, Assistant City Attorney; Jessi Weber, Recording Secretary NEW BUSINESS Swearing in of new Commissioner Don Collier. Commissioners discussed and agreed to move the item of assigning chair, vice chair, and third officer to the next scheduled meeting to allow all commissioners to be present. PUBLIC HEARING Planning Case 22-04 Items 4.1 Chair Landy introduced the planning case. Item 4.1, Planning Case 22-04, Conditional Use Permit for temporary outdoor storage, 7716 Winpark Drive; Winsupply, petitioner. Mr. Brandon Bell, Community Development Coordinator, gave background information on the planning case. Winsupply is proposing to utilize a portion of the site’s current parking lot for parking and storage of sewer, water, and mechanical materials. The proposed storage area would exceed 20 percent of the building’s approximately 30,000 square foot area which would trigger the need for a Conditional Use Permit. Bell then reviewed the zoning analysis. The site plan includes details on screening and fencing. The applicant is proposing a 7-foot fence with slat screening to meet the 80% opaque requirements. The applicant plans to have two manually operated 24-foot-wide gates on the east and west sides of the building. These will be secured with locks that will be accessible for emergency crews via lock boxes. There will also be two locked gates in the rear of the building, one on the northwest side of the fence perimeter and one on the northeast side. These will remain locked when not in use and will be utilized for snow storage in the winter months and mowing during the warmer months. The snow storage plan indicates snow will be stored to the northwest and northeast sides of the rear lot though the aforementioned gates. 2 Planning Commission Meeting February 7, 2023 Per CUP requirements, the applicant will be paving some areas in the rear of the building to store materials and some small areas in the front of the building to lengthen parking stalls to the required 19-foot length. Per City Code, 27 parking stalls are required. The sight plan indicates there will be 27 on-site parking stalls which meets requirements. Next, Bell discussed the drive aisle for the property. The site plan indicates a 24-foot drive aisle around the sides and rear of the property. This will allow for adequate movement for on-site traffic as well as emergency services if needed. The applicant has indicated that all outdoor storage will not be located within this drive aisle. The applicant has indicated minor lighting will be added to the back of the building. The submitted photometric plan shows that the proposed lighting is compliant with City Code. If any new exterior freestanding lighting or wall mounted fixtures are proposed in the future, a photometric lighting plan shall be submitted. Mr. Bell concluded that property owners within 500 feet of the parcel were notified of the public hearing by mail, a legal notice was published in the Sun Post newspaper, and a “Notice of Land Use Petition” sign was installed at the property. The city did not receive any inquiries regarding the case. Motion by Commissioner Mannix, seconded by Commissioner Alkalai, to open the Public Hearing. All present voted in favor. Motion carried. No one addressed the commission. Motion by Commissioner Mannix, seconded by Commissioner Collier, to close the Public Hearing. All present voted in favor. Motion carried. Chair Landy asked if any of the commissioners had any questions. Chair Landy invited the applicant to the podium. Trygve Hendriksen from Winsupply approached the podium. Chair Landy asked Mr. Hendriksen if he was in agreement with the conditions of approval listed. Mr. Hendriksen asked for a copy of the conditions to review, and he was okay with the conditions. He thanked staff for their patience in working with their submission. Motion Item 4.1 Motion by Commissioner Mannix, seconded by Commissioner Alkalai, to approve Planning Case 22-04, Conditional Use Permit for temporary outdoor storage, 7716 Winpark Drive; Winsupply, petitioner, with the following conditions: 1. All outdoor storage areas be screened and landscaped from the adjacent right-of-way and adjacent residential property to the East. 3 Planning Commission Meeting February 7, 2023 2. Outdoor storage shall not be stacked above the height of the screen fence. 3. Outdoor storage areas shall not occupy required off-street parking, loading areas or access drives. 4. The arrangement of outdoor storage areas on the site shall preserve a minimum 24-foot-wide drive aisle around the building with turn radii sufficient to allow for passage of large trucks and emergency vehicles. 5. Outdoor storage must be secured via locked gates during non- business hours. 6. The outdoor storage will be surfaced with concrete or bituminous material, a perimeter curbing provided in the areas directed by the City Engineer. 7. Applicant must submit screening details for fence to be approved by city staff prior to the installation of the material. 8. 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. 9. Property owners are required to address refuse and upkeep of properties used for outdoor storage activities. Voting in favor: Alkalai, Collier, Koshiol, Landy, Mannix, Terres Voting against: None Absent: Kaplan,Redden Motion approved: 8-0 Chair Landy stated the case will be brought to the February 27, 2023, City Council meeting. PUBLIC HEARING Planning Case 23-01 Items 4.2 Chair Landy introduced the planning case. Item 4.2, Planning Case 23-01, Variances for outdoor storage in the side yard and for a fence to be installed within 20-feet of the property line, 5701 International Parkway; Paul Bunyan Plumbing, petitioner. Mr. Brandon Bell, Community Development Coordinator, gave background information on the planning case. The applicant has experience growth and needs to utilize outdoor storage for their material. This would include fill materials, propane, fuel, and a small amount of miscellaneous sewer and water equipment, like trench boxes. Due to unusual layout of the property, the building is surrounded on three sides by streets, making the rear yard very small and still visible from the south street. In order to accommodate the outdoor storage for the site, a variance for side yard outdoor storage is required. Additionally, the layout of this site makes it difficult to install a fence within the 30-foot setback required for screen outdoor storage. Thus, the applicant is applying for a variance to allow storage in the side yard of their property and to also allow for a fence to be installed within 20-feet of the property line. 4 Planning Commission Meeting February 7, 2023 Next, Bell reviewed the zoning analysis. The corner side yard – south has a setback requirement of 30 feet, and the site plan is proposing a 20- foot setback variance to allow the fence to be installed as screening. Based on the mixed use of the building, the site would require 78 parking stalls and the current site has 95 parking stalls. The applicant is not proposing to remove any current parking stalls for outdoor storage areas. There are loading areas on the south and west sides of the building. The applicant has demonstrated that none of the storage areas will interfere with loading. The applicant is proposing to install a seven to eight-foot-tall chain-link fence with bottom locking double-wall slats around the perimeter of the outdoor storage area. The applicant has also agreed to a request from staff to plant vegetation every 40-50 feet to break up the appearance of the new fence. This was requested because of the length of the fence and the close proximity to the street. The applicant has agreed to submit a landscaping plan subject to city approval. The applicant has not submitted a photometric plan for the site. If new lights are added to service the outdoor storge area, the applicant must demonstrate code compliant light levels. The outdoor storage area will be placed on existing bituminous pavement. The applicant is proposing to add a minor amount of paving where the powered gate will be installed for easier maintenance. The Fire Marshal has requested access for the proposed west and east gate entrances in lock boxes or code access to the electric gat eon the east side of the building. Mr. Bell concluded that property owners within 500 feet of the parcel were notified of the public hearing by mail, a legal notice was published in the Sun Post newspaper, and a “Notice of Land Use Petition” sign was installed at the property. The city received one call from a resident who wanted to make sure the outdoor storage would be screened. Chair Landy asked if any of the commissioners had any questions. Commissioner Collier asked for clarification on the type of material stored within the cement blocks. Mr. Bell said the concrete blocks are not a requirement from the city, and they are already on site. Chair Landy invited the applicant to the podium. Justin Halpaus approached the podium. Mr. Halpaus replied the concrete barriers are already on site and help to contain the loose gravel and other fill material. There will never be more than 10 cubic yards on site. Mr. Sargent referred to a visual and stated the blue outlined areas are where current storage will be located. The yellow outlined area is for future storage areas that can contain material or equipment needed for their work. This can also include loose material. The screening fencing will block view of these materials from the street. Commission Mannix asked Mr. Bell if the corner of the fence was the only spot that was requiring the 20-foot setback variance. Mr. Bell explained it was the closest point and was used for the counterweight to 5 Planning Commission Meeting February 7, 2023 the gate mechanism. Commissioner Mannix asked if the remaining section of fence would meet setbacks. Mr. Bell responded that a 30-foot setback is required, and the remaining length of the fence is at 25-foot setback. So, a variance would be required for the fence along that section of the road. Motion by Commissioner Mannix, seconded by Commissioner Alkalai, to open the Public Hearing. All present voted in favor. Motion carried. No one addressed the commission. Motion by Commissioner Koshiol, seconded by Commissioner Collier, to close the Public Hearing. All present voted in favor. Motion carried. Chair Landy asked Mr. Halpaus if he had any questions about the case. Mr. Halpaus did not have any questions. Chair Landy asked if the applicant was comfortable with the conditions of approval. Mr. Halpaus confirmed they were comfortable with the conditions. Motion Item 4.2 Motion by Commissioner Mannix, seconded by Commissioner Alkalai, to approve Planning Case 23-01, Variances for outdoor storage in the side yard and for a fence to be installed within 20-feet of the property line, 5701 International Parkway; Paul Bunyan Plumbing, petitioner, with the following conditions: 1. The applicant shall provide a detailed plan of the outdoor storage areas showing how it will be delineated on the site. The delineation is needed to ensure that storage is managed and does not grow within the site. The site plan must show that the outdoor storage area is sized and configured to accommodate the proposed storage items. Outdoor storage beyond the approved area shall be prohibited. 2. All the storage areas must be paved with bituminous or concrete. Storage on the grass, dirt or landscaped areas is prohibited. 3. Applicant must provide details on fence and gate design (location, height, materials, screening materials, gate security, lock boxes etc.). Before the fence is erected, the applicant must provide exact details on the screening material and color that will be used for screening on the chain link fence. 4. A landscape plan shall be provided illustrating proposed plant species, location and size planting spaced along the proposed fence line prior to any plantings. This plan must be approved by city staff. 5. Outdoor storage items shall not be stacked above the height of the screen fence or landscape screen. 6 Planning Commission Meeting February 7, 2023 Voting in favor: Alkalai, Collier, Koshiol, Landy, Mannix, Terres Voting against: None Absent: Kaplan,Redden Motion approved: 8-0 Chair Landy stated the case will be brought to the February 27, 2023, City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 The next meeting is scheduled for February 16, 2023. If an application is submitted, staff will notify commissioners of the meetings. Mr. Sargent explained the purpose of this subcommittee to the newer members of the commission. It was discussed and agreed to further look at subcommittee assignments at the next meeting when chair assignments are discussed. Codes and Standards Committee Item 5.2 There currently is no meeting scheduled. Mr. Sargent explained the purpose of this subcommittee to the newer members of the commission. CONSENT BUSINESS Mr. Sargent provided an update to the commission on the possible further regulation of RVs and where and how they can be stored. There was an issue of the storage of a large boat near a side lot line. After discussing the topic and researching how other cities regulate RV and boat storage, it was decided to not further regulate these items and keep the regulations stated in the City Code. OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Mannix, seconded by Commissioner Alkalai, to approve the Planning Commission minutes of July 5, 2022. Motion carried. ANNOUNCEMENTS Chair Landy extended congratulations on behalf of the Commission to a few members of the staff. Mr. Sargent provided a reminder that the commission is one member short and for Commissioners to spread the word if they know of anyone to fill the vacancy. There may be someone interested in applying in the spring if a spot is still available. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:35 p.m. Respectfully submitted, 7 Planning Commission Meeting February 7, 2023 Jessi Weber, Community Development Administrative Specialist