Loading...
090115 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES September 1, 2015 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 Svendsen called the meeting to order at 7:00 p.m. ROLL CALL Present: Christopher McKenzie, Greg Gehring, Wade English, Roger Landy, Bill Smith, Scott Clark, Jim Brinkman, Steve Svendsen Absent: Tom Schmidt Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Stacy Woods, Assistant City Attorney; Alan Brixius, Planning Consultant; Jeff Alger, Community Development Assistant; Emily Becker, Recording Secretary PUBLIC HEARING Planning Case 15-17 Chair Svendsen introduced Item 4.1, request for approved Conditional Use Permit amendment to allow a rental truck/trailer staging area outside Item 4.1 of the approved outdoor storage area, 9300 – 52 Avenue North, Sheldon nd Badzin of Mayflower New Hope Properties, LLC, petitioner. Mr. Aaron Chirpich, Community Development Specialist, stated that Mayflower New Hope Properties would like to amend an existing Conditional Use Permit, approved in January of 2015 to allow conversion of the outdoor building to a self storage facility, to allow the storage of rental trucks and trailers outside of their approved outdoor storage area. The request will require a deferment of required parking in conjunction with an amendment to the existing Conditional Use Permit. Chirpich explained that the City Building Official cited the property for storing rental trucks and trailers outside of the designated outdoor storage area. Staff met with property owners to discuss the issue and offer possible solutions. The applicants indicated that trucks and trailers are being parked outside of the storage area for the following reasons: some vehicles may be dropped off during non-business hours; the parking areas are being used as queuing areas for truck and trailer pickup. Chirpich presented a plan description. The parking requirements for a self storage facility were outlined, and it was indicated that the conversion of the current parking area to rental storage will create a shortage of 15 on-site parking spaces. The amendment to the conditional use permit would allow for a deferment in required parking. In order to obtain a parking deferment, the applicant must document the functional parking demand of the site and reserve enough space on the site that would meet the required parking. A covenant recorded against the property would prohibit construction in the parking area and require it be used for parking if it is deemed that more parking is needed. A wood privacy fence would screen the trucks and trailers from public rights of way. A one-way traffic flow system will control vehicle circulation. Signage would indicate that the area is restricted to rental parking. The parking lot will include directional flow arrows and will be striped to accommodate their new parking arrangement. A timeline will be set forth to limit the number of days the applicant has to complete the striping. It was explicated how zoning criteria is being met, as the proposed use: is improved in appearance by screening outdoor storage areas; is allowed in the industrial district; will not decrease property value; complies with all other zoning district criteria; will not generate nuisance characteristics; will provide an economic return; is primarily storage, limiting parking demand and customer and vehicle traffic; would provide over one half of the required parking spaces. Chirpich said that the Design and Review Committee met on August 13, 2015 with the applicant and was generally supportive of the request for a deferment of parking. Property owners within 350 feet of the parcel were notified by mail and a legal notice was published in the SunPost. Staff has not received any questions or concerns regarding the proposal. It was stated that staff recommends that the Planning Commission recommend approval of the conditional use permit amendment for a deferment of required parking with outlined conditions. Commissioner Smith asked if there were plans to widen the gates from eight to twelve feet in order to accommodate snow storage. Chirpich was confident that the applicant’s snow storage plan would suffice. Commissioner Brinkman inquired the height of the fence and if there would be sufficient parking on site. Chirpich answered the fence height is six feet and parking has been addressed on the site plan. Mr. Jeff Sargent, Community Development Director, added that the allowance for parking is not restricted to the U-Haul brand, but is for any rental truck company. Chair Svendsen motioned the applicant to come forward. Marinda Carr, Corporate Administrator of Mayflower Properties New Hope LLC, of 7760 France Avenue South, Suite 100 in Edina, MN, approached the podium. She first addressed snow storage and informed that this was the company’s tenth storage area; she was confident there wouldn’t be an issue. Chair Svendsen asked if 45 days would be enough time to complete the parking lot striping and inquired about parking along the intermediate wall going east and west. Ms. Carr felt the striping could possibly be completed within 30 days and also added that there would be “No Parking” signs along the existing cedar fence. Chair Svendsen inquired if anyone in the audience wished to address the Commission. Being that no one spoke, he asked for a motion to close the Public Hearing. 2 Planning Commission Meeting September 1, 2015 Motion by Commissioner Landy, seconded by Commissioner Brinkman, to close the public hearing. All present voted in favor. Motion carried. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 4.1 to approve Planning Case 15-17, request for approved Conditional Use Permit amendment to allow a rental truck/trailer staging area outside of the approved outdoor storage area, 9300 – 52 Avenue North, Sheldon nd Badzin of Mayflower New Hope Properties, LLC, petitioner, with the following conditions: 1.The applicant shall enter into a site improvement agreement with the City to ensure completion of all required improvements as illustrated in the site plan dated August 12, 2015. This agreement will be prepared by the City Attorney. 2.The designated staging/ storage area for the trucks and trailers shall be physically delineated on the site with paint and or/ signs. 3.All staged vehicles shall be screened from view of the public rights of way as indicated on the site plan dated August 12, 2015. 4.The parking lot shall be striped and directional arrows shall be provided within 30 days of approval. 5.Rental trucks and trailers that are kept outside of the fenced outdoor storage areas shall be limited to only the approved designated staging/storage area. The number of vehicles shall be limited such that no trucks and/or trailers shall exceed the boundaries of the designated staging/storage area or fenced outdoor storage area. 6.A restrictive covenant shall be recorded against the subject property to preserve the proof of parking area from any other type of construction. This covenant will also mandate that the owner revert the truck and trailer staging and storage area back to on-site parking if the City finds that the demand for on-site parking exceeds the available supply. Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark, Brinkman, Svendsen Voting against: None Absent: Schmidt Motion approved 8-0 Chair Svendsen stated that the City Council would consider this planning case at its September 28th meeting. 3 Planning Commission Meeting September 1, 2015 Planning Case 15-18 Chair Svendsen introduced Item 4.2, PC 15-18, request to consider text amendment to Section 3-50(f) of New Hope City Code regarding Item 4.2 temporary sign suspensions and temporary sign permit requirements, City of New Hope, petitioner. Mr. Jeff Alger, Community Development Assistant, stated that the Codes and Standards Committee discussed possible changes to the city’s temporary sign policies at its August 12, 2015 meeting after multiple businesses located along 42 Avenue North expressed concern regarding nd the restrictiveness of the city’s Sign Code. Concerns centered on temporary sign suspensions and temporary sign permit requirements. Currently, there is a 12-month forfeiture of sign permits if a property has multiple violations and has received multiple warnings. The Committee determined that that a three month suspension would be more appropriate and that a written warning prior would be required prior to suspension. Additionally, a proposal was made to change the current temporary sign allowance from five ten-day temporary sign permits costing $50 each to ten seven-day permits costing $40 each. New businesses would be allowed a temporary sign for up to 30 days after opening, fee waived, and businesses that are hiring or under construction would be allowed to display “now hiring” or “open during construction” temporary signs. Mr. Alger stated that the Committee was in favor of adopting a text amendment to the City Code regarding temporary signage suspensions and regulations. Staff recommends approval of the proposed text amendment. Commissioner Clark stated that normally 50 square feet was a normal size limit for temporary signs and that the 64 square feet size limit set forth in subsections 9 and 10 was a bit excessive. It was agreed that this restriction would be amended as requested. Commissioner English asked how many 12 month suspensions there had been and if there was a particular industry that was in constant violation. Mr. Alger replied that there have been two or three 12 month suspensions and that temporary signs are often displayed by restaurants and retail industries to advertise special events and promotions. Chair Svendsen opened the case up to further discussion. Being that there was no further discussion, he opened for a motion. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 4.2 to approve Planning Case 15-18, request to consider text amendment to Section 3-50(f) of New Hope City Code regarding temporary sign suspensions and temporary sign permit requirements, City of New Hope, petitioner, citing a change in size limit from 64 to 50 square feet in subsections 9 and 10. 4 Planning Commission Meeting September 1, 2015 Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark, Brinkman, Svendsen Voting against: None Absent: Schmidt Motion approved 8-0 Planning Case 15-19 Chair Svendsen introduced Item 4.3, request to consider text amendment to Sections 10-13(l) and 10-18(f) of New Hope City Code related to liquor Item 4.3 license restrictions near churches. Mr. Jeff Alger stated that the Codes and Standards Committee discussed possible changes to the city’s Liquor Code in regards to restrictions of licenses near churches at its August 12, 2015 meeting. Section 10-18(f) of the City Code and prohibits liquor licenses from being granted for premises located within 500 feet of any church. It was found through legal consultation that the two uses may have not been considered compatible at the time of original adoption and that there is no state statute prohibiting liquor establishments within 500 feet of churches. The committee felt that this restriction was outdated and that it may limit future businesses from locating within 500 feet of a church that potentially could locate in a commercial district. They did feel the restriction should continue to apply to properties located within 500 feet of schools. Staff recommends approval of the proposed text amendment. public schools Chair Svendsen inquired the definition of in subsection 10. Mr. Alan Brixius, City Planner replied that there was not currently a clear definition. He went on that public schools are allowed only in residential districts, so normally their proximity to properties with liquor licenses would not be close. It was decided staff would investigate the definition public schools of further. Being that there was no further discussion, Chair Svendsen opened for a motion. Motion Motion by Commissioner Landy, seconded by Commissioner McKenzie, Item 4.3 to approve Planning Case 15-19, request to consider text amendment to Sections 10-13(l) and 10-18(f) of New Hope City Code related to liquor license restrictions near churches; staff is to investigate definition of public schools. Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark, Brinkman, Svendsen Voting against: None Absent: Schmidt Motion approved 8-0 Chair Svendsen stated that the City Council would consider this planning case at its September 28, 2015 meeting. 5 Planning Commission Meeting September 1, 2015 Planning Case 15-12 Chair Svendsen introduced Item 4.4, request to consider text amendment to Sections 4‐2 and 4‐3 of New Hope City Code establishing tree Item 4.4 preservation policy, City of New Hope, petitioner. Mr. Jeff Alger proclaimed that after tabling discussion of a draft Tree Replacement Policy at the July 7, 2015 Planning Commission Meeting, staff met with the City Forester to discuss proposed changes and establish an unapproved tree list. The draft ordinance requires replacement for the loss of any significant, preferred trees due to building construction, site grading, construction of parking lots, loading areas, outdoor storage areas, or storm water management features. It defines significant trees as healthy trees “measuring a minimum of six inches in diameter for deciduous trees, or a minimum of twelve feet in height for coniferous trees,” and preferred trees as “any tree not appearing on the city’s Prohibited Tree list, as may be amended.” The replacement standard of 1:0.5 requires the replacement of one-half caliper inch of tree for each one caliper inch of tree that was removed. It also requires replacement of unhealthy trees or trees that die within two years after project closure date. The draft ordinance would require identification of preferred, significant trees by the City Forester along with a Tree Preservation Plan prior to the issuance of a building permit that would need to be implemented and adhered to until all grading and construction activity has been completed. City street construction projects would be exempt, as the city implemented a new practice for such projects in 2015. When city construction removes trees in residential areas, the City Forester contacts those who lose trees and offers replacements for no cost. Tree value was then elaborated. It was stated that staff recommends the Planning Commission continue and close the public hearing from the July 7, 2015 Planning Commission meeting and approve the proposed ordinance. Commissioner Smith asked if a tree that had begun to mature but had died within the two year time frame would need to be replaced with a tree of a similar size. Mr. Brixius replied that such trees would be replaced with nursery stock. Chair Svendsen inquired if anyone in the audience wished to address the Commission. Being that no one spoke, he asked for a motion to close the Public Hearing. Motion by Commissioner Landy seconded by Commissioner Brinkman to close the public hearing. All present voted in favor. Motion carried. Chair Svendsen inquired what occurs when a developer bulldozes a number of trees in a residential area to build a subdivision. Mr. Brixius replied because of the high density design subdivisions normally have, 6 Planning Commission Meeting September 1, 2015 the front and side yards rarely have room for a number of trees. Mr. Jeff Sargent, Community Development Director, added that such developments would need to go through the planning process, and therefore the site plan would be reviewed to ensure adequate landscaping. Mr. Jeff Alger also added that requiring tree replacement for residential areas may also discourage development. Chair Svendsen opened the case up to further discussion. Being that there was no further discussion, he opened for a motion. Motion Motion by Commissioner Landy, seconded by Commissioner McKenzie, Item 4.4 to approve Planning Case 15-12, request to consider text amendment to Sections 4‐2 and 4‐3 of New Hope City Code establishing tree preservation policy, City of New Hope, petitioner. Voting in favor: McKenzie, Gehring, English, Landy, Smith, Clark, Brinkman, Svendsen Voting against: None Absent: Schmidt Motion approved 8-0 Chair Svendsen stated that the City Council would consider this planning case at its September 28, 2015 meeting. COMMITTEE REPORTS Design and Review Chair Svendsen stated the last Design and Review Committee meeting was held on August 13, 2015 and that the next potential meeting was Committee scheduled for September 17, 2015, though there were no potential cases at Item 5.1 the time. Codes and Standards Chair Svendsen stated that the Codes and Standards Committee was held August 12, 2015. The next meeting date is to be determined. Committee Item 5.2 NEW BUSINESS No new business. OLD BUSINESS Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Clark, to Item 7.1 approve the Planning Commission minutes of July 7, 2015. All present voted in favor. Motion carried. ANNOUNCEMENTS Chair Svendsen announced that the Space Needs Task Force is proceeding to meet, and Commissioner Landy is Chair. Commissioner Landy proclaimed that the committee will be attending the Council Work Session on September 21, 2015 with a recommendation that a new City Hall and police station are needed. Further updates included the opening of the Hy-Vee gas station; the grand opening of Hy-Vee grocery store to occur September 222015; , change in plans for the future tenant of the former Gas ‘n’ Splash from sandwich shop to coffee shop; the possibility of Liberty Tax to occupy another former gas station in town; the city’s entrance into a preliminary 7 Planning Commission Meeting September 1, 2015 six month development agreement with Alatus for the potential development of the property west of the golf course to build a 150-or- more-unit apartment complex; and the progression of the construction of the Winnetka Quiet Zone. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:04 p.m. Respectfully submitted, Emily Becker, Recording Secretary 8 Planning Commission Meeting September 1, 2015