030717 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES March 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; Vice Chair Clark called the meeting to order
at 7:00 p.m.
ROLL CALL Present: Scott Clark, Jim Brinkman, Steve Svendsen, Roger Landy,
Bill Smith, Chris Hanson, Matt Mannix
Absent: Tom Schmidt
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 Vice Chair Clark acknowledged that there was no new business.
PUBLIC HEARING Vice Chair Clark introduced Item 4.1, request for a Variance to allow a
Planning Case 17-07
shed on the front campus of The Food Group’s property at 8501 – 54th
Item 4.1
Avenue N, The Food Group, petitioner.
Mr. Jeff Alger, Community Development Assistant, gave background
on the planning case. He explained that in 2016, a 10’ X 12’ storage shed
was donated to The Food Group to help with the operations of the
community garden and demonstration farm. Alger showed photos of
the storage shed and the seasonal “hoophouse” currently located on the
property. Next, Alger indicated the current location of the storage shed,
noting that in order to access the shed, community gardeners would
have to travel approximately 140 feet and would have to traverse across
a parking lot and drive aisle.
Next, Alger reviewed the zoning analysis. He reviewed the setbacks for
the proposed location of the storage shed and indicated that the variance
request is needed because of the placement of the shed in the front yard.
Alger explained that the practical difficulty surrounding the variance
request revolves around pedestrian safety, and that placing the shed in
compliance with the Zoning Code would require users of the shed to
cross a parking lot and drive aisle for the business. This is a cause of
concern, especially for users of the garden and demonstration farm with
limited mobility.
Alger discussed the current and proposed screening of the “hoophouse”
and proposed location of the storage shed, snow removal requirements,
and also outlined the operations of the community garden.
Alger then reviewed the criteria needed in order to approve a variance,
and indicated that the owner will be using the property in a reasonable
manner, as the shed would be used to store tools and equipment
specifically for the community garden that the City of New Hope
approved in 2012. He also stated that the location of the existing
principle building on the property would make it difficult to locate a
storage shed that met City Code requirements pertaining to setbacks
while reasonably servicing the community garden.
Alger concluded that staff recommended approval of the variance with
the conditions outlined in the staff report.
When Vice Chair Clark questioned whether any of the Commissioners
had any questions for staff or the applicant, Commissioner Brinkman
asked where the entrance to the shed would be in its new location. Alger
stated that the shed doors would face west. Commissioner Svendsen
asked Al Brixius, City Planner, whether the quantity of trees used for
screening the shed was discussed. Mr. Brixius indicated that staff left the
number of trees used to screen the shed up to the applicant and that the
provided screening would be approved at a staff level. Commissioner
Smith asked who was responsible for the maintenance of the property
to ensure that items to be placed in the shed would not be left in the
open. Scott Leonard, Director of Operations for The Food Group, 8501 –
54th Avenue N, stated that the maintenance responsibilities would be
taken care of by The Food Group’s staff. Commissioner Smith also
questioned whether approving the variance request would set
precedent for other properties in the area wanting to do the same thing.
Brixius responded by stating that staff views each variance application
separately, and that since there is no other community garden in New
Hope with the same building configuration on its property, that this
situation is unique and no precedent would be set. Commissioner
Mannix questioned whether the skeleton of the “hoophouse” is required
to be taken down, or just the plastic membrane. Brixius indicated that
staff only requires that poly membrane to be removed during the off-
growing season.
Vice Chair Clark then opened the Public Hearing, and no one from the
audience wished to address the Commission. Being that no one wanted
to speak, Vice Chair Clark 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 4.1 to approve Planning Case 17-07, request for a Variance to allow a shed
on the front campus of The Food Group’s property at 8501 – 54th
Avenue N, The Food Group, petitioner, with the following conditions:
1.Conifer trees shall be planted at a minimum height of 3 feet
to provide screening of the seasonal high tunnel (hoophouse)
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Planning Commission Meeting March 7, 2017
and shed from the right-of-way. Trees should reach a
minimum of 6 feet in height at maturity.
2.The west side of shed shall be aligned with west side of
seasonal high tunnel (hoophouse).
3.The shed shall be anchored to the ground.
4.The shed shall be limited to 120-square feet in size and 11.5
feet in height.
5.Hazardous or toxic materials, as identified by local, State or
Federal government, shall be not be stored within the shed.
6.All materials and supplies associated with outdoor activities,
including the community garden, seasonal high tunnel,
demonstration farm, and compost pile shall be stored within
the shed.
7.All exterior storage shall be removed from the site or screened
from view of right-of-way and adjacent properties.
8.The existing compost pile shall be repaired and maintained.
9.All poly membrane shall be removed from seasonal high
tunnel (hoophouse) by December 1, for the duration of the
snow season, each year.
Voting in favor: Brinkman, Svendsen, Landy, Smith, Hanson, Mannix,
Clark
Voting against: None
Absent: Schmidt
Motion approved 7-0
PUBLIC HEARING Vice Chair Clark introduced Item 4.2, request for a Conditional Use
Planning Case 17-08
Permit (CUP) for Planned Unit Development (PUD) to allow re-
Item 4.2
alignment of railway spur to accommodate the construction of a rail car
off-loading building and accessory storage building located at 7300 –
36th Avenue N, Dakota Growers Pasta Company, Inc., petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. He informed the Commission that
Dakota Growers Pasta receives nearly all of its flour by rail, and that
their current railway configuration and on-site storage capacity limits
their ability to receive adequate delivers of flour. The proposed
reconfiguration would allow ample storage and will give the facility the
ability to receive more train cars per delivery. The project includes the
construction of a flour storage bin building, a cold storage warehouse
building, and an outdoor storage area for semi-trailers.
Next, Chirpich reviewed the zoning analysis. He indicated that the
current number of parking stalls would be reduced by 16 stalls to make
room for the proposed improvements, and that this reduction would
need approval through the PUD process. He stated the rationale as to
why the reduced parking count is justified and that the applicants have
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Planning Commission Meeting March 7, 2017
identified areas on their property where additional parking could be
added if needed.
Chirpich addressed the site circulation, access, curbing and pavement
needs, and explained that PUD flexibility would be needed to allow a
proposed gravel surface driveway needed to service the rail cars. The
flexibility would be needed for both the surface material and setbacks
from the property line for the service drive.
When speaking about the building design, Chirpich informed the
Commission that PUD flexibility would be needed for the proposed
height of the bin storage building in that it exceeded the maximum
height requirements. Chirpich rationalized that the building’s height
would be offset by its location on the premises, along with natural
vegetation and a large berm on the north side of the property. The
buildings would also need flexibility through the PUD because of the
proposed building materials being used. Due to the nature of the
operation, metal buildings are preferable, but do not meet the city’s
Design Standards for new construction, as they would not be
constructed of similar building material as the principle structure. Being
that the proposed buildings would be adequately screened from
adjacent properties and the public right-of-way, the flexibility was
looked upon favorably by staff.
Mr. Chirpich then addressed the property’s grading, drainage and
erosion control measures, explaining that the plans are adequate and
that the property owner will work with the City Engineer to ensure
compliance with the code.
Next, Chirpich reviewed the proposed lighting plan and indicated that
the proposed lighting standards did not meet minimum code
requirements, as they did not incorporate 90-degree cutoff lights. A
condition of approval would address the need for the light standards to
meet City Code.
Chirpich outlined the findings of fact needed to approve the outdoor
storage component of the proposal and indicated that the applicant met
the requirements. He then outlined the finding of fact needed to approve
a CUP for PUD, and also indicated that the proposal meets the criteria.
Chirpich concluded that staff recommended approval of the
Conditional Use Permit for the Planned Unit Development with the
outlined conditions.
When Vice Chair Clark questioned whether any of the Commissioners
had any questions for staff or the applicant, Commissioner Svendsen
requested confirmation that when the rail cars enter the property to off-
load the flour, they will be placed inside the newly constructed silo
storage building and will not be unloaded until the doors to the building
are shut, thus reducing noise and particulate matter that would be
expelled. Victor Hutson, plant manager for Dakota Growers Pasta,
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Planning Commission Meeting March 7, 2017
located at 7300 – 36th Avenue stated that this was correct. Commissioner
Landy questioned whether the applicant was comfortable with the large
number of conditions imposed on the project, and Mr. Hutson indicated
that they were. Commissioner Brinkman wanted clarification on the
number of deliveries that the plant would receive and the need for the
re-alignment of the railway spurs. Mr. Hutson spoke of the plant’s
operations and indicated that the reconfiguration of the railway spurs
and the addition of the outbuildings would enable the plant to handle
larger deliveries and store larger quantities of product. Commissioner
Svendsen then asked for clarification that the number of deliveries to the
plant would be reduced, but the amount of product received per
delivery would increase, meaning that the neighborhood would see less
frequent railway deliveries than what is currently happening. Mr.
Hutson didn’t directly answer the question, but confirmed that the
proposed configuration and location of the buildings would greatly
reduce the noise and particulate matter currently emitting from the site
operations.
Vice Chair Clark opened the Public Hearing, and no one from the
audience wished to address the Commission. Being that no one wanted
to speak, Vice Chair Clark 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.
Al Brixius, City Planner, requested the Commission to consider a
sixteenth condition of approval being that “All offloading of rail cars take
place within the building with all doors closed.” Brixius stated that this
would ensure that the noise generated by the offloading operations would
be confined to the enclosed building.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy,
Item 4.2 to approve Planning Case 17-08, request for a Conditional Use Permit
(CUP) for Planned Unit Development (PUD) to allow re-alignment of
railway spur to accommodate the construction of a rail car off-loading
building and accessory storage building located at 7300 – 36th Avenue
N, Dakota Growers Pasta Company, Inc., petitioner, with the following
conditions:
1.The applicant shall provide evidence of the Canadian Pacific
approval of the 2/24/17 site plan with grading and site
improvements extending into the railroad right-of-way. The
applicant shall provide an easement or other recordable
document that allows the proposed site improvements
including, but not limited to, grading, drainage swale, catch
basin, storm sewer, and service road to be installed, operated,
and maintained for the perpetuity of business operations.
2.The applicant’s proposed parking design as shown on the
plans dated 2/24/17, is approved subject to the applicant
providing the following:
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Planning Commission Meeting March 7, 2017
Number of production shifts
Number of employees per shift
Maximum number of employees on site at shift
turnover
3.The outdoor storage is approved as illustrated on the site plan
dated 2/24/17. The storage area shall be used exclusively for
storage of semi-trailers. No outdoor storage shall be permitted
beyond the approved storage areas.
4.No hazardous liquids, solids, gases, or waste shall be stored
within the outdoor storage area.
5.The proposed height of the bin storage building as shown on
the site plan dated 2/24/17 and the elevation plans dated
2/10/17 is approved.
6.The proposed cold storage building with metal exterior
finishes, as shown on the site plan dated 2/24/17 and elevation
plans dated 2/10/17 is approved.
7.The gravel service road shown on the site plan dated 2/24/17
and its setback and crossing into the railroad right-of-way is
approved, if condition number 1 is met.
8.The wall mounted light fixtures shall be 90-degree cutoff
fixtures with a full shielded light source.
9.The applicant shall enter in to a storm water maintenance
agreement with the city (to be prepared by the city attorney).
10.The storm water management and drainage plans shall be
reviewed and be subject to final approval by the city engineer
and public works.
11.The site utility plan shall be subject to review and final
approval by the city engineer, fire marshal, and public works.
12.The applicant shall provide record plans or as-built drawings
to the city following project completion.
13.The conditional use permit for planned unit development
shall be recorded with Hennepin County.
14.The applicant shall enter into a site improvement agreement
with the city to ensure proper completion of all utility
improvements that impact city infrastructure.
15.The applicant shall provide financial guarantee in the form of
an irrevocable letter of credit to cover costs of the
improvements specified in the site improvement agreement
(amount to be determined by city engineer).
16.All offloading of rail cars shall take place within the building
with all doors closed.
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Planning Commission Meeting March 7, 2017
Voting in favor: Svendsen, Landy, Smith, Hanson, Mannix, Clark,
Brinkman
Voting against: None
Absent: Schmidt
Motion approved 7-0
COMMITTEE REPORTS Director Sargent stated that staff met with some applicants at a pre-
Design and Review
application meeting, however they were not yet ready to make a formal
Committee
application. He stated that if a Design and Review Committee meeting is
Item 5.1
necessary, staff will inform the committee appropriately.
Codes and Standards Director Sargent indicated that there were a couple items that staff was
Committee
working on and would schedule the next Codes and Standards
Item 5.2
Committee meeting when they were ready.
NEW BUSINESS In regards to the Comprehensive Plan Update, City Planner Al Brixius
Item 6.1
addressed the Commission stating that he would like to interview each
commission member separately to get their opinions on the current state
of the city and things that the commissioners would like to address in
the Comprehensive Plan. A sign-up sheet was passed around so that
commission members could sign up for specifics times to meet with Mr.
Brixius.
OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Brinkman,
Approval of Minutes to approve the Planning Commission minutes of February 7, 2017. All
Item 7.1
present voted in favor. Motion carried.
ANNOUNCEMENTS Commissioner Landy questioned whether staff knew of any update
regarding the proposed redevelopment of the Four Seasons Mall in
Plymouth. Director Sargent indicated that he had not heard anything
lately and that staff will get information to the commission within the next
couple of weeks.
Aaron Chirpich asked the commission members whether they would like
to continue receiving a paper copy of the Planning Commission packets
delivered to their homes, instead of receiving the packets via email only.
The commissioners responded that they would.
Commission Svendsen announced his retirement from the Planning
Commission after 21 years of service. He indicated that his last meeting
would most likely be in April.
Director Sargent announced that each commissioner has received a
magnetic name tag that commissioners could wear when they attended
public functions as Planning Commission members.
Director Sargent announced that Recording Secretary, Kaeley Cazin,
accepted a position with Anoka County and that the city has hired her
replacement.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18
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Planning Commission Meeting March 7, 2017
p.m.
Respectfully submitted,
Jeff Sargent, Community Development Director
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Planning Commission Meeting March 7, 2017