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.
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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.
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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.
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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.
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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,
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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
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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
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Planning Commission Meeting September 1, 2015