020717 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES February 7, 2017
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 Schmidt called the meeting to order at
7:00 p.m.
ROLL CALL Present: Scott Clark, Jim Brinkman, Steve Svendsen, Tom Schmidt,
Roger Landy, Bill Smith, Chris Hanson, Matt Mannix
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Assistant; Aaron
Chirpich, Community Development Specialist; Stacy
Woods, Assistant City Attorney; Alan Brixius, Planning
Consultant.
NEW BUSINESS Chair Schmidt acknowledged that Commission Chris McKenzie had
resigned from the Planning Commission. He thanked Chris for his years
of service.
Item 3.1
Planning Commissioner Matt Mannix was officially sworn in by
Community Development Director, Jeff Sargent.
PUBLIC HEARING Chair Schmidt introduced Item 4.1, request for a Site Plan Review for the
Planning Case 17-04
Northwest Church of Christ, to allow an expansion of their building for
Item 4.1
a larger assembly area and classrooms at 8624 – 50th Avenue N,
Northwest Church of Christ, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. He explained that in May of 2016, the
Northwest Church of Christ received approval for a conditional use
permit, easement vacation and lot combination, in order to facilitate an
expansion of their existing building. Following these initial approvals,
the church completed a more thorough analysis of the costs associated
with their proposed project. Upon review, the church determined that
the scope of the original proposal was not economically feasible.
Ultimately, expenses related to storm water improvements proved too
costly. In response to the higher than anticipated costs, the church has
decided to change their site layout and storm water design in an effort
to meet their budget.
Next, Chirpich reviewed the zoning analysis. He reviewed the building
setbacks, parking requirements for churches, access and circulation
throughout the site, curbing and pavement, and landscaping and
screening requirements, stating that the applicant has sufficiently met
the minimum requirements of the code. He explained that the building
exterior materials will change slightly from the previously approved
plan, but would still meet the minimum Design Guideline standards.
Chirpich went on to state that the lighting and snow storage criteria
would also be met with the newly proposed site plan.
Mr. Chirpich informed the Commission that the need for the updated
site plan review was because of the major change in the storm water
management for the site. Initially, the applicant proposed underground
storage containers, and now they are designing an above-ground storm
water bio-filtration basin system. The design of this system will be
reviewed and approved by the City Engineer.
Chirpich added the Comprehensive Plan supports the continued
institutional use of the site, and that all other findings of fact needed to
approve a site plan have been satisfied.
Chirpich concluded that staff recommended approval of the site plan
review with the outlined conditions.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff or the applicant, no Commissioner had any
questions. Chair Schmidt then opened the Public Hearing, and no one
from the audience wished to address the Commission. Being that no one
wanted to speak, Chair Schmidt asked for a motion to close the Public
Hearing.
Motion by Commissioner Svendsen, seconded by Commissioner Landy,
to close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy,
Item 4.1 to approve Planning Case 17-04, request for a Site Plan Review for the
Northwest Church of Christ, to allow an expansion of their building for
a larger assembly area and classrooms at 8624 – 50th Avenue N., with
the following conditions:
1.The applicant shall enter into a site improvement agreement
with the city to ensure the completion of all required
improvements. (To be prepared by the City Attorney).
2.The applicant shall provide financial guarantee in the form of
an irrevocable letter of credit for landscaping and site
improvements (amount to be determined by city engineer and
building official)
3.The applicant shall enter into a storm water maintenance
agreement with the City (to be prepared by the City Attorney).
4.The site utility plan shall be subject to review and final
approval by the City Engineer, Fire Marshal, and Public
Works.
5.The storm water management, grading and drainage plans
shall be reviewed and be subject to final approval by the City
Engineer and Public Works.
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Planning Commission Meeting February 7, 2017
6.The applicant will provide record plans or as-built drawings
to the City following project completion.
7.The applicant shall make changes to the lighting plan in order
to bring the plan into compliance with city code.
8.The private sanitary sewer service for the home that was
removed needs to be fully disconnected from the city’s sewer
system.
9.The proposed fence along the east property line shall be re-
designed and constructed to meet all applicable City Codes.
Voting in favor: Clark, Brinkman, Svendsen, Schmidt, Landy, Smith,
Hanson, Mannix
Voting against: None
Absent: None
Motion approved 8-0
PUBLIC HEARING Chair Schmidt introduced Item 4.2, request for a Conditional Use Permit
Planning Case 17-05
(CUP) to allow conversion of the single-level warehouse building into a
Item 4.2
two-story self-storage facility at 2711 – Nevada Avenue N, Premier
Storage, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. He explained that the applicant is
requesting a CUP to convert an existing 83,600 square foot warehouse
building into a self-storage facility. The property has recently gone
through foreclosure and is currently bank owned. The applicant is under
contract to purchase the facility, and the purchase is contingent upon
approval of the requested CUP. The building, located at 2711 Nevada
Avenue, currently houses an adhesive labels company that has operated
at the location for the past eight years. This company will remain at the
building following the warehouse conversion to self-storage, occupying
the western 1/3 of the building. The remaining 2/3 of the building will
be divided into 630 climate controlled storage units. As part of the
development proposal, there will be several exterior modifications and
improvements, including fresh paint, new roof, added windows,
parking area improvements, and the construction of an outdoor storage
area.
Next, Chirpich reviewed the zoning analysis. He reviewed circulation
and traffic access into and out of the property, the curbing and pavement
plan, and the required parking needs. He indicated that the applicant
has designated some “proof-of-parking” stalls on the property that
would be constructed only if the city deemed that it was necessary to do
so. Chirpich then addressed the floor plan of the building and that a
second floor would be added to accommodate the business.
Chirpich then discussed the landscaping and screening requirements as
they relate to the outdoor storage component of the project. He briefly
explained that the outdoor storage area would be approved through the
Administrative Permit process. He then addressed the surfacing and
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Planning Commission Meeting February 7, 2017
paving needs of the parking lots, and the drainage and erosion control
measures that would be taken to fulfill the minimum code requirements.
Next, Chirpich explained that the proposed use meets the requirements
for outdoor storage, and the conditions of approval for the CUP for
warehouse conversion to self-storage. He then stated that the proposal
meets all the other required findings needed to be satisfied in order to
approve a Conditional Use Permit.
Chirpich concluded that staff recommended approval of the
Conditional Use Permit with the outlined conditions.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff or the applicant, Commissioner Smith asked if
there would be an employee at the facility checking items to be stored to
ensure that they were not hazardous materials. Mr. Chirpich stated that
there would not be, but deferred to the applicant to help answer the
question. Mr. Todd Jones, 206 Chestnut Street, Chaska MN, owner of
Premier Storage, addressed the Commission. Mr. Jones gave an
overview of his business and thanked the Commission for the
consideration of his application. He stated that there would be no on-
site employee checking content being stored to make sure it was not
hazardous, and reiterated that it is spelled out clearly in the tenants’
contract that storing this type of material is prohibited.
Chair Schmidt opened the Public Hearing, and no one from the audience
wished to address the Commission. Being that no one wanted to speak,
Chair Schmidt asked for a motion to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen,
to close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Landy, seconded by Commissioner Svendsen,
Item 4.2 to approve Planning Case 17-05, request for a Conditional Use Permit
(CUP) to allow conversion of the single-level warehouse building into a
two-story self-storage facility at 2711 – Nevada Avenue N, Premier
Storage, petitioner, with the following conditions:
1.The fire suppression system is subject to review and approval
by the Fire Marshal.
2.The facility shall prohibit all commercial or residential uses
other than storage.
3.Hazardous or toxic materials, as identified by local, State or
Federal government, shall be prohibited within the outdoor
storage area.
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Planning Commission Meeting February 7, 2017
4.The applicant shall construct additional parking in the
designated proof of parking area if it is determined that the
on-site parking supply is not sufficient to meet the parking
demands of the site.
5.Address numbers 6 inches or greater in height and of
contrasting color shall be installed on the building.
6.The property owner shall keep the open outdoor storage areas
free of refuse, trash, debris, weeds, and waste fill.
7.The applicant shall enter into a storm water maintenance
agreement with the City, detailing responsibilities related to
the sedimentation basin that is proposed in the northwest
corner of the site. (to be prepared by the City Attorney).
8.The storm water management and drainage plans relating to
the sedimentation basin that is proposed in the northwest
corner of the site, shall be reviewed and be subject to final
approval by the City Engineer and Public Works.
9.The conditional use permit shall be recorded with Hennepin
County.
Voting in favor: Brinkman, Svendsen, Schmidt, Landy, Smith, Hanson,
Mannix, Clark
Voting against: None
Absent: None
Motion approved 8-0
PUBLIC HEARING Chair Schmidt introduced Item 4.3, request for a Final Plat Approval and
Planning Case 17-06
vacation of easements at 8400 Bass Lake Road, Alatus, LLC, petitioner.
Item 4.3
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. He stated that he applicant, Alatus
LLC is under contract to purchase the vacant city owned site at 8400 Bass
Lake Road. In March of 2016, the city approved the development of a
182-unit, four-story luxury apartment community with several high-end
amenities for the site. As part of the approved project, Alatus proposed
to re-plat the property. At the time of the initial approval, the final plat
design was not available. Additionally, it was unclear if any of the
existing easements would remain intact with the re-platting of the
property. The applicant is now prepared to request the Final Plat of the
property and the vacation of the existing easements located on the
parcels.
Chirpich then indicated that the proposed plat meets all minimum
requirements of the Zoning Code, and that staff will work with the City
Attorney to process the easement vacations with Hennepin County.
Chirpich concluded that staff recommended approval of the Final Plat
and proposed vacation of easements with the outlined conditions.
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Planning Commission Meeting February 7, 2017
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Brinkman asked for clarification
on which easements would be vacated and whether those easements
were initially used for a driveway access purposes. Chirpich clarified
which easements would be vacated and that the new established
easements would enable access and utilities usage throughout the
property.
Al Brixius, City Planner, requested that the Planning Commission add a
fifth condition of approval to “provide all separate access easements as
necessary,” in order to ensure that all other easements are established as
part of the project.
Chair Schmidt opened the Public Hearing, and no one from the audience
wished to address the Commission. Being that no one wanted to speak,
Chair Schmidt asked for a motion to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen,
to close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy,
Item 4.3 to approve Planning Case 17-06, request for a Final Plat Approval and
vacation of easements at 8400 Bass Lake Road, Alatus, LLC, petitioner,
with the following conditions:
1.The applicant shall pay a park dedication in the amount of
$17,650 prior to recording the final plat.
2.The plat and title is subject to the review and final approval
of the City Attorney.
3.All existing easements on the property are to be vacated.
4.The final plat must establish all necessary new easements.
Easement locations and sizes must be approved by the City
Engineer.
5.An access easement between the applicant and the City for
the shared curb cut and driveway must be created and
recorded separate from the plat.
Voting in favor: Svendsen, Schmidt, Landy, Smith, Hanson, Mannix,
Clark, Brinkman
Voting against: None
Absent: None
Motion approved 8-0
PUBLIC HEARING Chair Schmidt introduced Item 4.4, a proposed text amendment to
Planning Case 17-01
Section 3-31 of the New Hope City Code in relation to rental licensing
Item 4.4
requirements for duplexes sharing the same Property Identification
Number and the required registration of group homes, convalescent
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Planning Commission Meeting February 7, 2017
care facilities, and nursing homes, City of New Hope, petitioner.
Mr. Jeff Alger, Community Development Assistant gave the
background as to why the text amendment is justified. He explained that
many duplexes in New Hope are located on a lot with one Property
Identification Number (PID). The current ordinance only requires one
rental license per PID, rather than one per rental unit for one and two
family rentals. A duplex requires two hours of inspection time as
opposed to one hour required for a single-family property. In order to
cover costs, and to be consistent with other licensing requirements for
duplexes, the ordinance should be amended to require two separate
rental licenses for duplexes sharing the same PID.
Alger also explained that the April 9, 2007, City Council meeting
included a motion requiring the registration of group homes under the
city’s rental program. The city began requiring group homes to register
with the 2007-2008 rental registration cycle, which began on July 1, 2007.
It is a practice of the city to require rental registration permits for
convalescent care facilities and nursing homes; however, Section 3-31(c)
of the City Code was not updated to reflect this amendment. The
proposed text amendment would clean up this issue.
Alger concluded that staff recommended approval of the proposed text
amendment.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, no one had any. Chair Schmidt then opened the
Public Hearing, and no one from the audience wished to address the
Commission. Being that no one wanted to speak, Chair Schmidt asked for
a motion to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen,
to close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy,
Item 4.4 to approve Planning Case 17-01, a proposed text amendment to Section
3-31 of the New Hope City Code in relation to rental licensing
requirements for duplexes sharing the same Property Identification
Number and the required registration of group homes, convalescent
care facilities, and nursing homes, City of New Hope, petitioner.
Voting in favor: Schmidt, Landy, Smith, Hanson, Mannix, Clark,
Brinkman, Svendsen
Voting against: None
Absent: None
Motion approved 8-0
PUBLIC HEARING Chair Schmidt introduced Item 4.5, a proposed text amendment to
Planning Case 17-02
Section 4-3 of the New Hope City Code in relation to the exterior storage
Item 4.5
of residential dumpster bags, City of New Hope, petitioner.
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Planning Commission Meeting February 7, 2017
Mr. Jeff Alger, Community Development Assistant gave the
background as to why the text amendment is justified. He explained the
nature of the types of bags in question, and that they are intended for a
temporary storage of construction material and debris. The city has
received complaints on the amount of time that some residents have left
these types of bags in their yards. Alger informed the Commission that
currently, the New Hope City Code does not regulate these types of
storage devices.
Alger explained that the proposed ordinance amendment would
address the bags in the same manner that temporary storage units are
addressed. The proposed ordinance would be allowed on the property
for no more than 30 consecutive days in one calendar year, or 90 days if
the owner also had an active building permit for the property. Alger also
reviewed the proposed setback requirements and stated that
enforcement of the ordinance would be by a complaint-basis only.
Alger concluded that staff recommended approval of the proposed text
amendment.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commission Smith asked whether the bags
would only be allowed on a hard surface. Alger responded by stating
that the ordinance does not regulate what surface they need to be stored
on. Chair Schmidt then opened the Public Hearing, and no one from the
audience wished to address the Commission. Being that no one wanted
to speak, Chair Schmidt asked for a motion to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen,
to close the public hearing. All present voted in favor. Motion carried.
Motion Motion by Commissioner Landy, seconded by Commissioner Clark, to
Item 4.5 approve Planning Case 17-02, a proposed text amendment to Section 4-
3 of the New Hope City Code in relation to the exterior storage of
residential dumpster bags, City of New Hope, petitioner.
Voting in favor: Landy, Smith, Hanson, Mannix, Clark, Brinkman,
Svendsen, Schmidt
Voting against: None
Absent: None
Motion approved 8-0
PUBLIC HEARING Chair Schmidt introduced Item 4.6, a proposed text amendment to
Planning Case 17-03
Section 8-6 of the New Hope City Code in relation to the required
Item 4.6
licensing of mobile food units, City of New Hope, petitioner.
Mr. Jeff Alger, Community Development Assistant gave the
background as to why the text amendment is justified. He stated that the
original ordinance was adopted in 2014 with the expectation that it
would be reviewed and amended when changes were deemed
necessary. Alger informed the Commission that the city has received
many complaints about the existing mobile food units (food trucks),
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Planning Commission Meeting February 7, 2017
based mostly on the amount of time a food truck is parked at each
location, the noise generated by the food truck, and the unsightly
appearance of some of the food trucks.
Alger reviewed the current ordinance by informing the Commission
how long each food truck may occupy a space and what the hours of
operation are. He then reviewed the proposed text amendment, stating
that new regulations would restrict overnight parking (no parking
between 12:00 a.m. and 6:00 a.m.), and that each license would be good
for a 21-day period. Permits may also be re-issued for up to 4 total 21-
day periods per property. He also informed the Commission that the
license fee would increase from $50 to $100 when the 2018 fee schedule
was adopted. Alger also reviewed the ordinance regulations for these
trucks in the surrounding communities, and reiterated that the
proposed changes directly address the complaints that city staff has
received pertaining to these vehicles.
Alger concluded that staff recommended approval of the proposed text
amendment.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Landy questioned what the
reasoning was to restrict the overnight parking. Alger explained that the
current ordinance would allow overnight parking, and the proposed
ordinance would require food trucks to vacate the property each night
and return the next day. Commissioner Svendsen asked what types of
problems occurred when the food trucks were allowed to park
overnight. Alger explained that residents were concerned that the food
trucks were becoming too permanent in nature, with some having flat
tires. He also mentioned that residents were also concerned with the
noise generated by the food trucks and the unsightly appearance of
some of the trucks.
Commissioner Svendsen asked whether the proposed ordinance would
negatively affect civic functions that food trucks would be at such as
Duk Duk Daze or the Farmer’s Market because of the time restriction.
Commission Landy explained that the Farmer’s Market typically begins
at 8:00 a.m. with a 1-hour set-up period.
Chair Schmidt then opened the Public Hearing. Liz Gannon, 7980 – 36th
Avenue, New Hope addressed the Commission. She informed the
Commission that she and her husband own The Printmakers in New
Hope, and that they allow a mobile food unit on their property. She
explained that they are wonderful tenants, that they bring a vibrancy to
the neighborhood and that many people thank them for allowing the
truck to be there. She explained that it would be very difficult to require
this food truck to leave the property daily because of the inconvenience
of packing materials up, etc. and the proposed ordinance would most
likely put the food truck owners out of business. She provided the
Commission with petitions from customers that expressed support for
the food truck in question.
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Planning Commission Meeting February 7, 2017
Brenda and Regelio Cardoso, 7980 – 36 Avenue, New Hope addressed
th
the Commission as well. The Cardosos represent the owners of the food
truck parked at The Printmakers property. Ms. Cardoso explained that
it would be difficult for them to move the food truck trailer because it is
cumbersome and because they do not have a large enough truck to pull
the trailer. She also expressed concern that their customers would not be
able to find them if they had to move daily.
Commissioner Smith asked again what the need would be to restrict
overnight parking. Commission Clark addressed this concern by
explaining to the Commission that the city has put forth great effort in
revitalizing its image with the recent redevelopment efforts and have
required a certain amount of design guidelines for new buildings. His
concern was that by allowed semi-permanent, unregulated standalone
businesses such as food trucks, without requiring them to leave the
property each night, all the efforts the city has made to revamp its image
would be for naught. Clark then questioned if the city even had the
ability to regulate the appearance of a food truck. Commission Smith
stated that he felt it was still a huge hardship to require food trucks to
leave on a nightly basis. Director Sargent reiterated the intent of the
proposed ordinance and that it was a way to address concerns that
residents have had with the existing food trucks and how the existing
ordinance is able to address those concerns.
Assistant City Attorney, Stacy Woods stated that the city would have
the Zoning Code authority to govern the food truck use pertaining to
aesthetics.
Commissioner Hanson suggested that he feels the issue revolves mostly
on the unsightly appearance of some of the food trucks and that perhaps
the ordinance should address aesthetics as well.
Motion by Chair Schmidt, seconded by Commissioner Svendsen,to close
the public hearing. All present voted in favor. Motion carried.
Motion Commission Svendsen then made a motion to table the ordinance in order
Item 4.6
for staff to look at the condition of the mobility of the food trucks in an
attempt to remove the requirement that mobile food units would have to
vacate the premises daily, seconded by Commissioner Smith. Director
Sargent suggested that staff would look at language that addressed the
required mobility of the units as well as design standards to address the
aesthetics of the units.
Voting in favor: Smith, Hanson, Mannix, Clark, Brinkman, Svendsen,
Schmidt, Landy
Voting against: None
Absent: None
Motion approved 8-0
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Planning Commission Meeting February 7, 2017
COMMITTEE REPORTS Director Sargent stated that the city has yet to receive any planning
Design and Review
applications, and that if a Design and Review Committee meeting is
Committee
necessary, staff will inform the committee appropriately.
Item 5.1
Codes and Standards Chair Schmidt stated the next Codes & Standards Committee has not yet
Committee
been scheduled. Director Sargent commented that staff will work on
Item 5.2
realigning the Mobile Food Unit ordinance and then set up a Codes and
Standards Committee meeting to discuss the proposed revisions.
NEW BUSINESS Director Sargent reminded the Commission that staff is looking to form
Item 6.1
a Comprehensive Plan Update Committee comprised of Planning
Commission and Citizens Advisory Commission members, and
explained the role of the committee. He then urged the Commission
members to consider joining the committee.
Item 6.2 Election of Officers for 2017
Motion Motion by Commissioner Svendsen to appoint Commissioner Tom
Item 6.2
Schmidt as Chairman, Commissioner Scott Clark as Vice Chair, and
Commissioner Bill Smith as Third Chair, seconded by Commissioner
Landy,to close the public hearing. All present voted in favor. Motion
carried. All present voted in favor. Motion carried.
Commissioner Matt Mannix was appointed to the Codes and Standards
Committee.
OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Svendsen,
Approval of Minutes to approve the Planning Commission minutes of October 4, 2016. All
Item 7.1
present voted in favor. Motion carried.
ANNOUNCEMENTS None
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:07
p.m.
Respectfully submitted,
Jeff Sargent, Community Development Director
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Planning Commission Meeting February 7, 2017