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100323 Planning CommissionCITY OF NEW HOPE 4401 XYLON AVE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES October 3, 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: Absent: Also Present: Ray Alkalai, Natalie Brown, Don Collier, Howard Kaplan, Roger Landy, Matt Mannix, Michael Redden, Mike Terres Heather Koshiol Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Specialist; Al Brixius, City Panner; Stacy Woods, Assistant City Attorney, Linda Bergemann, Recording Secretary NEW BUSINESS Swearing in new Commissioner Natalie Brown. Commission discussion to reappoint chair positions. The Commission voted on the following officer positions: Commissioner Mannix, Chair; Commissioner Redden, Vice Chair; Commissioner Koshiol, Third Officer. Appoint members of Design & Review and Codes & Standards sub- committees. The Commission agreed on the following sub-committees: Design & Review: Commissioner Alkalai, Commissioner Brown, Commissioner Kaplan, Commissioner Landy Codes & Standards: Commissioner Koshiol, Commissioner Mannix, Commissioner Redden, Commissioner Terres Floater: Commissioner Collier PUBLIC HEARING Planning Case 23-02 Items 4.1 Chair Mannix introduced the planning case. Item 4.1, Planning Case 23-02, Conditional Use Permit for deferment of required parking at 5017 Boone Ave North; Kurt Scepaniak, Petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the planning case. The owner of 5017 Boone Ave 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 an open 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 Committee, the applicant withdrew that portion of the application 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. Regarding the Conditional Use Permit request, the building requires a minimum of 71 on- site parking stalls. The site plan submitted by the applicant includes 54 parking stalls, resulting in the required deferment of 17 parking stalls. The site plan includes 20 possible future parking stalls, which is the proof of parking area, within the open outdoor storage area on the west side of the building. The building is currently occupied by three tenants with a total of 20 employees based out of the location. Alger then reviewed the zoning analysis. The applicant is not proposing any changes to the footprint of the building or the size of the parking lots or outdoor storage area. The interior floor plan indicates that there is about 8,600 square feet of office space and about 75,000 square feet of warehouse space within the building. Per city code regulations, this requires a minimum of 71 parking stalls. The site plan includes 54 parking stalls, and 71 stalls are required resulting in the deferment of 17 parking stalls. The plan includes 20 possible future parking stalls the proof of parking area within the paved open outdoor storage area on the west side of the property. 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. This request would result in the building having 76% of the stalls required by 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. The building owner intends to make some repairs and stripe areas of the parking lot and open outdoor storage area in the fall of 2023. The parking stalls and drive aisles must match what is depicted on the submitted plans. Snow will be moved and stored to the east of 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. 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. Several parking stalls within the west parking lot are occupied by exterior storage. Exterior storage is restricted to the approved outdoor storage areas and may not take place within designated parking areas. There are also a few propane tanks being stored within the west parking lot. The storage of these tanks is not permitted within side yards abutting public streets. Therefore, the applicant must obtain a Special Hazard permit for the storage of these propane or LP gas tanks and that is subject to approval by the Deputy Fire Marshal. Alger 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 Landy, seconded by Commissioner Redden, to open the Public Hearing. All present voted in favor. Motion carried. No one addressed the commission. Motion by Commissioner Landy, seconded by Commissioner Redden, to close the Public hearing. All present voted in favor. Motion carried. Chair Mannix asked if any of the commissioners had any questions. Kurt Scepaniak from 5017 Boone Ave North approached the podium. Commissioner Landy asked about on-street parking that is currently taking place and how it would be discouraged. Mr. Scepaniak stated he has discussed with staff that on-street parking is not allowed. Commissioner Landy then asked about the materials in the parking stalls and Mr. Scepaniak stated that they are working on consolidating the materials and restricting it to the approved outdoor storage areas. Commissioner Landy asked Mr. Scepaniak if he was in agreement with the conditions of approval listed. Mr. Scepaniak stated that he was okay with the conditions. Chair Mannix asked the commission for any discussion. Commissioner Redden stated that he does not foresee the applicant needing 74 stalls within the foreseeable future. Mr. Scepaniak confirmed that the parking lot is already striped and repairs are being completed on the parking lot. Motion Item 4.1 Motion by Commissioner Redden, seconded by Commissioner Roger. To approve Planning Case 23-02, Conditional Use Permit for deferment of required parking at 5017 Boone Ave North, Kurt Scepaniak, petitioner, with the following conditions: 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. Voting in favor: Alkalai, Brown, Collier, Kaplan, Landy, Mannix, Redden, Terres Voting against: None Absent: Koshiol Motion approved: 8-0 Chair Mannix state the case will be brought to the October 23, 2023, City Council meeting. COMMITTEE REPORTS Design & Review Committee Item 5.1 The next meeting is scheduled for October 18, 2023. If an application is submitted, staff will notify commissioners of the meetings. Mr. Sargent explained the purpose of this subcommittee to the new member of the commission. Codes and Standards Committee Item 5.2 There currently is no meeting scheduled. Mr. Sargent explained the purpose of this subcommittee to the new member of the commission. CONSENT BUSINESS None OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Roger, seconded by Commissioner Redden, to approve the Planning Commission minutes of February 7, 2023. Motion carried. ANNOUNCEMENTS Commissioner Landy welcomed Linda Bergemann, Recording Secretary, to the Planning Commission. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:21 p.m. Respectfully submitted, Linda Bergemann, Community Development Administrative Specialist