090517 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES September 5, 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, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Cedrick Frazier,
Michael Redden
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Aaron
Chirpich, Community Development Specialist; Jeff Alger,
Community Development Assistant; Stacy Woods,
Assistant City Attorney; Alan Brixius, Planning Consultant;
Jessi Weber, Recording Secretary
CONSENT BUSINESS None
PUBLIC HEARING
Planning Case 17-09
Item 4.1
Chair Schmidt introduced Item 4.1, request for a Conditional use Permit
(CUP) for Planned Unit Development (PUD) for the construction of a
gas station and detached car wash located at 7201 Bass Lake Rd; Robbins
Properties 1, LLC, petitioner.
Mr. Aaron Chirpich, Community Development Specialist, gave
background on the planning case. Current location and use of the subject
lot is a Bridal and Tux Shop; which, was in foreclosure and was bank
owned for a period before the applicant purchased it. The applicant
wishes to redevelop the site by constructing a 5,060 S.F. gas station and
convenience store, and a 3,780 S.F. detached car wash. The plan features
a storm water collection system that will retain all rainwater onsite used
to supply water for the car wash. A filtration system will recycle water
from the car wash for reuse. An integrated solar panel roof system for
the gas canopy is estimated to supply 50% of the electricity required to
run the convenience store.
Next, Chirpich reviewed the zoning analysis. In New Hope, the site is
located in Planning District 6, the 2040 Comprehensive Plan promotes
enhancement, and redevelopment of marginal sites along Bass Lake Rd.
Bordering properties are located in both Crystal and New Hope. The
proposal includes two principal buildings on one lot, which requires the
PUD.
Setbacks for the property are unique. The property lines extend into the
roadways and through the roadway into the neighboring property to
the east. Typical setback requirement for the rear property line is 20 feet;
applicant is seeking flexibility for the building on the south property line
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Planning Commission Meeting September 5, 2017
to allow a 5-foot setback. This would screen the properties to the south
from the gas canopy operations and some light and noise. This would
also allow large trucks to navigate the canopy for deliveries. The 5-foot
space would serve as a drainage area. Curbing of the western and
northern edges would be placed on the easement line. Setbacks for the
vacuum bays would typically be required from the property line. In this
case, the property line extends across the street, so staff decided to use
the easement line as the de-facto property line. The applicant has
requested that the vacuum bays be located 3 feet from the easement line,
which staff approves of through the flexibility allowed in the PUD
process. The owner would be responsible for any repairs to landscaping
if utility work performed within the easement.
City Code states canopies shall not exceed 20 feet in height and shall
have a minimum clearance of 15 feet. In order to maximize the function
of solar panels on the canopy, the flare design has a height of 26 feet and
would meet the minimum clearance requirements of 15 feet. Due to the
solar panels in the canopy, the lighting cannot be recessed. The applicant
would be required to provide 90 degree cut-offs for all canopy lights.
The city staff is comfortable with the gas pump intercom and the
materials and finishes used on the convenience store.
Chirpich then discussed the proposed car wash building. With the
current design, the building is dissimilar to other buildings in city. The
materials used area of high quality and durability and staff feels the
materials used meet the intent of the design guidelines. Flexibility is
being asked for regarding the color and types of materials to be used.
The car wash stacking, noise from car wash and vacuum motors, access
to and from the car wash are all adequate. The entrance/exit to Bass Lake
Road will be re-positioned 20 feet to the west, which has been approved
by Hennepin County. The propane sales and signage and other outdoor
sales comply with all standards. The trash enclosure meets the front
yard setback; however, would require flexibility for a 5-foot setback on
southern property line. The trash enclosure meets screening, materials,
and trash pick-up convenience, and staff would require pick-up during
daytime hours to reduce noise disturbance.
Chirpich concluded that staff recommended approval of the
amendment to a CUP for a PUD with the conditions outlined in the staff
report.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff or the applicant, Commissioner Redden asked if
all portions of the lot are contained within New Hope. Mr. Chirpich
replied that the lot is located in New Hope and the property across the
street is in New Hope. Commissioner Redden then asked if any
comments were received from the gas station on the corner of Winnetka
Ave N and Bass Lake Rd. Chirpich informed that no written comments
were received. Commissioner Redden also commented that Mark Ray,
who had questions from the City of Crystal, requested we notify
residents from Crystal or expand the public comment period. Redden
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Planning Commission Meeting September 5, 2017
wondered if staff had any feelings or concern regarding this. Chirpich
noted that all residents of Crystal within a 500-foot radius were notified
from the direct mailing, and that the public hearing is the comment
opportunity that staff is comfortable with and would not recommend
extending. Mr. Sargent added that previously the ordinance only
required a 350-foot radius and the City Council requested that the radius
be increased to 500 feet.
Commissioner Clark stated during a previous meeting the Building
Official was not comfortable with the acrylic roofing material being able
to accommodate the snow load; wondering if that was rectified.
Chirpich replied that the design parameters have not yet been received
to show the issue has been rectified; however, through building plan
review the issue would be addressed and required to be rectified.
Commissioner Clark then asked about the hours of operation. The
closing hours were previously discussed and was not aware of a
discussion on the opening hours. Chirpich stated that staff has not had
a discussion on the regulating of opening hours for the business and the
closing hours were proposed by the applicant and not staff. Chris
Robbins, owner of the property and applicant, answered the questions
on the hours of operation. He stated the previously discussed
convenience store closing of midnight was being changed to 11:00 p.m.
and opening at 5:00 a.m. The carwash hours of operation would be from
6:00 a.m. to 10:00 p.m. Commissioner Clark asked if the applicant would
be comfortable with those hours being added as a recommendation and
applicant responded “yes”.
Commissioner Redden asked about the schedules of deliveries for gas
and other items and concerns with traffic and buses from the school off
Nevada Ave N. Mr. Robbins responded they are able to coordinate their
deliveries to during the day to avoid traffic congestion.
Commissioner Landy asked about the noise related to the vacuums, as
it was stated in the report the motor would be located inside the carwash
building. Landy was wondering if any noise comes from the vacuums
themselves. Chris Robbins explained the bulk of the noise would come
from the motor, which would be housed in the car wash. Commissioner
Landy then asked if the applicant was comfortable with all the
conditions especially number 14, moving the monument sign away from
the right of way. Mr. Robbins responded he was comfortable with the
conditions. Commissioner Landy asked the applicant if there any noise
issues with the other stations he owned. Robbins stated there were no
issues that he was aware of.
Chair Schmidt verified the gas station locations the applicant owned
being on the other side of Hwy 169, Hwy 55 & Co Rd 24, which were the
closest to this model, and a third location in Wayzata.
Commissioner Frazier asked if any other gas stations Mr. Robbins
owned were similarly situated to residential areas. Mr. Robbins
responded the Plymouth station site is comparable with residential to
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Planning Commission Meeting September 5, 2017
the south with a street that intersects.
Commissioner Brinkman asked where trucks would park for deliveries
and drop offs. The applicant clarified and went through the potential
routes trucks would take for navigating through the gas canopy.
Commissioner Brinkman then asked about the staging area for the
carwash and how many cars could be serviced at a time. Mr. Robbins
explained the carwash is a conveyor type and could fit multiple cars at
one time with a faster pace than a typical carwash.
Chair Schmidt questioned the number of vacuums and if that number
was necessary. Mr. Robbins explained there is a national trend to
provide more than average number of vacuums. This model was based
off models in Michigan with the number of vacuums. The vacuums are
free and they want to provide enough space for the demand.
Commissioner Frazier inquired about the locations in Michigan and if
any gas stations were similarly located next to residential areas. Mr.
Robbins said yes, there were some locations that were very similar.
Commissioner Frazier asked if there were noise complaints. Robbins
responded there were no complaints that he was aware of. A sound
study of the car wash was included and showed the minimum code
requirements would be met for noise levels. Commissioner Frazier then
asked about the storm drain system and what amount of rainwater is
needed for the car wash to become self-sufficient from city water. Mr.
Robbins replied that around 10,000 gallons would be his best guess and
the collection period through the spring and summer during the
construction period would likely be an adequate amount of time.
Chair Schmidt inquired if anyone in the audience would like to address
the Planning Commission.
Dave Gable, 2843 Meadow Lark Lane N, Maplewood, MN, owner of the
townhomes directly south of the carwash stated he was concerned with
the number of exceptions being made for this case and the quality of life
for his tenants. He saw the Holiday off 42nd Ave N and liked that there
was a wall separating the car wash from residential areas and that it only
had 5 vacuum stalls.
Melody Hanson, 5624 - Nevada Ave N, Crystal, MN, had concerns about
the proposal and thanked Mr. Robbins for contacting her regarding
some of her concerns. She mentioned that renters did not receive the
notice, only homeowners did. She had heard the word ‘flexibility’ over
30 times during the presentation and there were 24 recommendations to
approve the request and was concerned that this was too many. She also
had concerns about the noise, crime, bus changeover, and quality of life
due to sound and sleep study requirements. She asked the Planning
Commission to table the item per City of Crystal concerns.
Marcy Hyser, Nevada Ave N, MN, was concerned that Nevada Ave N
has become a cut-through street for large trucks and other vehicles.
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Planning Commission Meeting September 5, 2017
Traffic on Bass Lake Rd has increased and she was concerned with
congestion and not being able to control traffic safely.
Stephanie Adams, Nevada Ave N, MN, had concerns regarding the
project and having a school in the Crystal Mall for special needs
children, and a school to the west in such a busy area. She also had
concerns with the smell of garbage from the dumpster being so close to
the property line.
Jake Janish, Nevada Ave N, MN, was concerned with a gas station being
placed next to St. Raphael. The parking lot is used as a playground and
the emissions and air pollution would be hazardous to the kids. He feels
there are already enough gas stations in the area.
Being that no one else wanted to speak, Chair Schmidt asked for a motion
to close the Public Hearing.
Motion by Commissioner Landy, seconded by Commissioner Hanson, to
close the public hearing. All present voted in favor. Motion carried.
Commissioner Redden addressed the letter from Ms. Hanson. As a
Planning Commission, they do not make any decisions based on red
lining, and would not consider anything that would be a proxy for any
protected class. He stated that the Commission is aware of those situations
and does not make any decisions based upon those criteria itself.
Commissioner Brinkman said he liked the design, newness, and
approach, but does not think it belongs in that location.
Commissioner Clark stated that the concerns the city needs to debate with
a proposal like this is that New Hope is a first rank suburb. Current
existing, tired businesses are sold to ongoing tired businesses that are
undercapitalized and may come in as a permitted use. The proposal is a
substantial investment that can happen with this property. The decision
is whether or not there are enough safeguards put into place. Any
business coming in will have this issue with residential next to it. In
addition, Bass Lake Road has a 20,000 (AADT) annual average daily traffic
count. Mr. Robbins has an incredible record in management, which ends
up driving safety and everything along with that. He stated he is strongly
in favor of this proposal.
Commissioner Landy stated the city is in the process of updating the 2040
Comprehensive Plan as mandated by Met Council. In the 2040
Comprehensive Plan is a segment showing redevelopment of the Bass
Lake Rd corridor. There will be more redevelopment projects coming on
board along Bass Lake Rd.
Chair Schmidt stated the city wants to work closely with the City of
Crystal, as stated in the packet, as the border is very staggered with
properties belong to New Hope and Crystal.
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Planning Commission Meeting September 5, 2017
Commissioner Smith stated that with the construction happening on Hwy
100 and Hwy 169, the result is higher traffic in the area. Everyone is trying
to find quick ways to get to work. In a couple years, once construction has
been complete, traffic may not be as heavy as it is right now.
Chair Schmidt stated his understanding for the potential for traffic back-
ups. He often sees worse back-ups off Rockford Rd than Bass Lake Rd.
Commissioner Redden stated crime happens at other places than gas
stations. He asked if anyone had thoughts on having longer notification
periods per the letter from City of Crystal. Sargent replied that this
conversation was held with applicant about tabling this case if longer
notification periods came up in the meeting. The applicant felt the plan in
front of the Commission was as good as it is going to get. The applicant
already tabled the application once to rework the plans to address
concerns from the staff. The applicant said they would not be in favor of
tabling the case for a future meeting and would take any kind of
recommendation and move forward to the City Council.
Stacy Woods added the notice period required by the code was complied
with.
Motion
Item 4.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
approve Planning Case 17-09, request for a CUP for a PUD for the
construction of a gas station and detached car wash located at 7201 Bass
Lake Rd; Robbins Properties 1, LLC, petitioner , based upon the
following 24 recommendations along with adding the hours of
operation as #25:
1. The applicant must identify the location and height of all
rooftop and ground-mounted mechanical equipment. All
equipment must be screened.
2. Any improvements located in street easements shall be
subject to an easement encroachment agreement requiring the
property owner to replace any improvement that is removed
from the easement for street, utility, or drainage work.
3. The applicant must demonstrate 90 -degree cutoff lighting for
the flared end of the gas canopy.
4. The site plan must designate the location of trash receptacles
for the vacuum area.
5. The applicant shall arrange garbage pick-up to occur during
daytime business hours to avoid noise issues with the
residential properties to the south.
6. Operation and warning signs for the propane tank shall not
exceed four square feet.
7. The seven-foot screening fence along the south property line
must be set back 10 feet from the Nevada and Maryland
Avenue easements.
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Planning Commission Meeting September 5, 2017
8. The applicant must provide a snow removal plan for the site.
9. Landscaping that is proposed in street easements shall be
reviewed and approved by the City Forester and Public Works
related to size, location, and snow storage tolerance.
10. The applicant must provide a detail for the proposed bike
rack.
11. The applicant shall construct the sidewalk along Nevada
Avenue to meet City design standards.
12. Cut sheets must be provided for light fixtures FF and GG.
13. The individual gas canopy signs shall not exceed 16 square
feet in area.
14. The freestanding sign shall be relocated to the northeast
corner of the lot and meet all required setbacks.
15. All individual signs shall obtain a sign permit prior to
installation.
16. The proposed five-foot setbacks for the trash enclosure and
convenience store are approved.
17. The proposed building materials and colors for the car wash
building are approved.
18. The height of the gas canopy shall not exceed 26 feet.
19. The proposed parking lot, vacuum pole, and curb setbacks are
approved.
20. The site utility plan shall be subject to review and final
approval by the City Engineer, Fire Marshal, and Public
Works.
21. The grading, drainage, and storm water management plans
shall be subject to review and final approval by the City
Engineer.
22. The applicant shall provide financial guarantee in the form of
an irrevocable letter of credit for landscaping and site
improvements located in the public right -of-way (amount to
be determined by City Engineer).
23. The applicant shall enter into a storm water maintenance and
management agreement with the City (to be prepared by the
City Attorney).
24. The applicant will provide record plans or as-built drawings
to the city following project completion.
25. Hours of operation for the convenience store are from 5:00 a.m.
– 11:00 p.m. and car wash are from 6:00 a.m. – 10:00 p.m.
Voting in favor: Clark, Frazier, Schmidt, Landy, Smith, Hanson,
Mannix, Redden
Voting against: Brinkman
Absent: None
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Motion approved 8-1
Chair Schmidt stated the case will move forward to the September 25th
City Council meeting and encouraged those in attendance to attend, as
that is where the final decision would be made.
PUBLIC HEARING
Planning Case 17-11
Item 4.2
Chair Schmidt introduced Item 4.2, request for a Conditional use Permit
(CUP) to allow bus loading and unloading in the public right-of-way at
8525 62ndn Avenue N, Meadow Lake Elementary, petitioner.
Mr. Jeff Alger, Community Development Assistant, gave the
background on the case. The request originated after the city received a
safe routes to school grant through MN Department of Transportation a
few years back. A plan was developed for each of the three elementary
schools in the city. It was recommended for Meadow Lake Elementary
to relocate school buses to the west side of Zealand Ave N. The school
conducted a trail run in the spring of 2017 and was overly successful.
Alger then reviewed the bus loading and unloading areas, parent pick-
up and drop-off, special needs bus loading and unloading, staff parking,
and crossing locations of students who walk to and from school.
Buses would unload in the morning between 9:15 a.m. and 9:35 a.m. and
would depart afterwards. In the afternoon, 10 buses would line up on
Zealand Ave N between 3:45 p.m. and 4:00 p.m. Buses would park 50
feet south of the intersection at Zealand Ave N and 62nd Ave N. Buses
would be parked within a few inches of each other as a safety measure
to prevent pedestrians and students from going between the buses.
Next, Alger discussed the parking and signage requirements. The
number of parking spaces are adequate for the school and all staff would
be required to park in the designated lots. Signage would be added
along Zealand Ave N including a “no parking sign”, “no parking from
9 am-4pm” signs, “Resident parking only”, and a stop sign at 61 ½ Ave
N. Striping would also be required along the west side of Zealand Ave
N.
Bus idling would be limited to a maximum of 25 minutes if temperature
is at or below 15 degrees Fahrenheit. If buses have difficulty entering
onto Boone Ave N, the school will provide a staff person to stop traffic.
The sidewalk along Zealand Ave N would be extended the entire length
of the street to 60 ½ Ave N. A crosswalk would be installed at the
intersection of Zealand Ave N and 61 ½ Ave N. There are 11 Ash trees
planted along Zealand Ave N; it is recommended by city staff to remove
and replace these trees with a different species.
Alger concluded that staff recommended approval of the CUP with the
conditions outlined in the staff report.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff or the applicant, Commissioner Clark asked if the
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Planning Commission Meeting September 5, 2017
residential parking is based on an honor system or a permitting system.
Alger responded the police generally do not enforce parking and all staff
parking should be accommodated on site.
Commissioner Mannix asked if there be enough space on Zealand
Avenue for vehicles to navigate around the buses idling there during the
afternoon pick-up periods. Mr. Alger responded the road is 31 feet wide,
a bus is roughly 8 ½ feet wide, and a car is about 6 ½ to 7 feet wide. If a
bus was parked and a resident vehicle was parked on the other side of
the road, that would leave about 15 ½ feet of roadway for traffic to pass.
It would be tight to get two cars through, but could easily fit at least one
car in the remaining road space.
Commissioner Fredrick asked if the site would be able to accommodate
parking for staff. Alger clarified that it would accommodate staff
parking and during the trial run in Spring, there were extra spaces still
available. Commissioner Frederick also asked how the 15 degree
Fahrenheit threshold was determined. Alger stated the school district
maintenance staff determined the bus engines would be difficult to
restart at 15 degrees Fahrenheit or below.
Commissioner Hanson asked if all the buses with disabled and special
needs children would load and unload in the main parking lot or from
Zealand Ave N. He had concerns with the stairs off Zealand Ave N.
Alger confirmed the buses would continue to utilize the main parking
lot and the school would be required to follow all ADA requirements.
Scott Peterson, Building & Grounds Supervisor, on behalf of the
applicant, came to the podium and stated that currently eastbound on
Zealand Ave N is a no parking area so that should leave plenty of room
for traffic.
Commissioner Brinkman asked the applicant if buses would continue to
use Zealand Ave N for field trips or if the main parking lot would be
used for this. The applicant stated the “no parking” signs would help
leave those spots open for bus use during the day.
Mayor Hemken asked the applicant where the concept came from. Mr.
Peterson stated originally from the health and safety director. He was
then approached by the transportation department and chose to look
into the parking issue and seeing if it was a feasible option. This was also
a recommendation from the safe routes to school program.
Commissioner Brinkman stated as a former bus driver for District 281,
he welcomed this idea.
Commissioner Landy then opened the Public Hearing.
Marsha Klines, 6041 Yukon Ave N, New Hope, MN, resident and former
teacher at Meadow Lake Elementary, stated many of her concerns have
been addressed. The first one was the snow and potential issues and was
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Planning Commission Meeting September 5, 2017
happy to hear the sidewalk was being added which would take care of
that issue. Exiting onto Boone Ave will need to be looked at. Vehicles
will often cut around to the school to avoid the congestion. Field trips
would be best to load at the front door since it is usually just 2 or 3 buses
so there would be plenty of space.
Chair Schmidt suggested to Ms. Klines to have her neighbors come to
meetings and let staff know their issues so the staff can be aware of them.
Being that no one else wanted to speak, Chair Schmidt 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.
Motion
Item 4.2
Motion by Commissioner Clark, seconded by Commissioner Frazier, to
approve Planning Case 17-11, request for a CUP to allow bus loading
and unloading in the public right-of-way at 8525 62nd Avenue N,
Meadow Lake Elementary, petitioner, with the following conditions:
1. All staff parking shall be accommodated on -site.
2. Bus parking on Zealand Avenue N shall be limited to school
contact days between the hours of 9:15 a.m. and 9:35 a.m. and
3:35 p.m. and 4:00 p.m.
3. Public sidewalk shall be extended for the entire length of
Zealand Avenue N from 62nd Avenue N to 60 ½ Avenue N.
4. Crosswalk and crossing signs shall be installed south of
intersection of Zealand and 61 ½ avenues. Pedestrian ramps
shall be installed on both sides of Zealand Avenue N.
5. The west side of Zealand Avenue N shall be striped as “no
parking” from 62nd Avenue N 50 feet south.
6. Installation of parking signage on Zealand Ave N and stop
sign on 61 ½ Avenue N shall be coordinated with the City
Engineer and Public Works department.
7. Idling of bus engines shall be limited to a maximum of 25
minutes in the afternoon, if the temperature is at or below 15
degrees Fahrenheit. Idling of bus engines shall not be allowed
if the temperature exceeds 15 degrees Fahrenheit.
8. Sidewalks and stairs shall be maintained by the school, using
appropriate snow removal and deicing techniques, to ensure
safe conditions for students, staff, and pedestrians.
Chair Schmidt stated the case will move forward to the September 25th
City Council meeting and encouraged the neighbors to attend.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
There will be a meeting on September 14th if staff receives an application.
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Planning Commission Meeting September 5, 2017
Codes and Standards
Committee
Item 5.2
None scheduled and staff will let the committee know when one is
scheduled
NEW BUSINESS Welcome back to Commissioner Brinkman.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Clark, to
approve the Planning Commission minutes of August 2, 2017. All
present voted in favor. Motion carried.
ANNOUNCEMENTS Director Sargent gave a reminder for the bus tour on September 19, 2017.
For those who wanted to attend to please RSVP.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:08
p.m.
Respectfully submitted,
Jessi Weber, Recording Secretary