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110717 Planning CommissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES November 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, 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 17-19 Item 4.1 Chair Schmidt introduced Item 4.1, request for a Conditional Use Permit (CUP) to convert an existing 71,000 square foot warehouse building into a climate controlled self-storage facility located at 3216 Winnetka Avenue N; Pamlico Investments, Inc., petitioner. Mr. Jeff Alger, Community Development Assistant, gave background on the planning case. Alger stated the building has been recently vacated and the applicant has proposed a 23,000 square foot addition to the second floor at the southwest corner of the one-story building. The proposed storage units would come in a variety of sizes and occupy all three floors within the building. Several exterior modifications and improvements are included in the development proposal along with the construction of an outdoor storage area. Next, Alger reviewed the zoning analysis. The subject property is zoned Industrial. The building and proposed outdoor storage shed and fencing meet all required setbacks. There are four driveway access points to the property with the entrance from Winnetka Avenue N providing access to the front entry of the building. The surfacing and pavement of the site and the number of parking stalls would meet requirements. Staff did request a sidewalk be added to connect the parking area to the office to ensure a safe walk for pedestrians. The applicant is proposing to remove four trees on site and does have a landscaping plan that includes replacement of these trees. It is recommended that one more tree be added to the plan and the trees be planted in an area that does not interfere with snow storage. All turf that is disturbed shall be replaced with seed or sod. The lighting plan 2 Planning Commission Meeting November 7, 2017 includes all fixtures having 90 degree cut-offs and lighting levels which meets City Code requirements. Mr. Alger advised the New Hope City Code requires an on-site manager be on premises during all open hours. The applicant has ensured there would be an on-site manager seven days a week during open hours. Other security measures were also proposed including: having keypad access to the roll-up entry door located next to the office; 16 security cameras that monitor the interior and exterior of the building; a security system, fire suppression system, and fire alarm system will be installed; and two automatic entry gates with keypad access to secure the outdoor storage shed. The proposed snow storage and trash enclosures would meet city requirements. The Fire Department did specify fire lanes are required to have fire lane signage and yellow striping. A lock box, key, or fob may be required for entrance gates and an additional lock box shall be provided. Alger concluded that staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit (CUP) to convert an existing 71,000 square foot warehouse building into a climate controlled self-storage facility. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff or the applicant, Commissioner Brinkman asked if the drive entrance is on the second or third level. Mr. Alger responded the main entrance is on the second level. Commissioner Brinkman asked how the third level would be accessed. Alger responded the third level would be accessed from the same main entrance. Al Brixius stated there would be an elevator inside to access the basement and third levels. Commissioner Smith asked if a survey was done to determine the demand for self-storage facilities. Alger stated the applicant could answer better, but in discussions with the applicant, there is a demand; which, is why the city continues to see proposals for self-storage facilities. The applicant, Joshua Davis, Cascade Storage Partners, 7475 West 5th Ave, Lakewood CO, came to the podium to answer questions. Commissioner Landy asked if the applicant owned other self-storage facilities. Mr. Davis stated they had other facilities in Den ver Colorado, Charlotte North Carolina, and Knoxville Tennessee. Commissioner Landy asked Mr. Davis what brings them to New Hope. The applicant responded they looked at New Hope because of development opportunity. Commissioner Landy said his concern was related to safety in regards to what can and cannot be stored in the units. Mr. Davis stated there is a clause in the lease that states hazardous and flammable materials are prohibited. The applicant addressed the previous question; the feasibility study for the market indicates there is demand for this industry. Through the years from 2009 -2014 there was minimal development due to the credit market. Now is a catch-up period to accommodate demand; which, explains the increase in self-storage facility proposals. The applicant will work with a third party management company that has the experience of managing 850 other 3 Planning Commission Meeting November 7, 2017 units. Commissioner Redden read the section in the lease that referenced the prohibited materials not being allowed in units. Chair Schmidt inquired if anyone in the audience would like to address the Planning Commission. 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 4.1 Motion by Commissioner Clark, seconded by Commissioner Landy, to approve Planning Case 17-19, request for a Conditional Use Permit (CUP) to convert an existing 71,000 square foot warehouse building into a climate controlled self-storage facility located at 3216 Winnetka Avenue N; Pamlico Investments, Inc., petitioner, with the following conditions: 1. Sidewalk connecting northwest parking lot to office entrance shall be installed. 2. Additional parking in the designated proof of parking area shall be constructed if it is determined that on -site parking supply is not sufficient to meet parking demands of the site. 3. Open outdoor storage shall be limited to the designate d area, and shall be kept free of refuse, trash, debris, weeds, and waste fill. 4. Landscape plan shall be updated to show that all disturbed areas will be restored with seed or sod and one additional tree to fulfill standards set forth by the city’s tree replacement policy. 5. Fire lane shall be denoted with yellow striping and fire lane signage. Fire lane sign shall be posted along the south and east sides of the rear drive and along the curb on the south side of the building. 6. The facility shall prohibit all commercial or residential uses other than storage. 7. Hazardous or toxic materials, as identified by local, State or Federal government, shall be prohibited within outdoor storage area. 8. Address numbers 6 inches or greater in height and of contrasting color shall be installed on building. 9. The CUP shall be recorded with Hennepin County. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Frazier, Redden Voting against: None Absent: None Motion approved 9-0 Chair Schmidt stated the case will move forward to the November 27th City Council meeting. 4 Planning Commission Meeting November 7, 2017 PUBLIC HEARING Planning Case 17-21 Item 4.2 Chair Schmidt introduced Item 4.2, request for a Conditional Use Permit (CUP) to allow for a firearms training facility and shooting range in the Industrial district at 9449 Science Center Drive; SafePoint, petitioner. Mr. Aaron Chirpich, Community Development Specialist, gave background on the planning case. Chirpich stated the applicant is proposing to create a new company called SafePoint, and 9449 Science Center Drive will serve as their corporate headquarters. There would be four distinct uses including: firearm shooting ranges, retail sales of firearms and related equipment, training rooms, and office space. The building was built in 2016 and is currently vacant and the applicant plans to lease the entire space. Next, Chirpich reviewed the zoning analysis. The circulation, access, curbing, sidewalk, and pavement have no proposed changes and are sufficient with city requirements. The site currently provides 133 parking spaces; which, staff believes is adequate for the proposed business use. The applicant has indicated that periodic special weekend events will be promoted and they estimate this may push parking demand to 208 stalls. The applicant has proposed providing an estimated 30 additional stalls in the rear yard utilizing loading areas and contacting the business to the south to secure off-site parking. Staff finds this acceptable so long as applicant provides a parking plan for the rear yard of building and providing written permission from adjoining property owner allowing off-site parking. No new landscaping or lighting is proposed and all existing landscaping and lighting meets code requirements. The applicant has estimated a noise level of 70 decibels at a distance of 50 feet from the building, which will be compliant with city standards. The firing ranges are designed using a building within a building concept to reduce and muffle noise from gunfire by using concrete and other noise reduction material in the range enclosures. Chirpich explained the proposed retail sales area accounts for 14.6 percent of the gross floor area, which would be allowed with an administrative permit that would be approved with the CUP. The applicant would be providing extensive, high-quality security measures that would include 2-factor biometric controls, surveillance, key-card access points, hardened doors, and rigorous staff training. The security plan was reviewed and the Police Chief feels the plan has been responsibly conceived. Signage would be approved at a later date through the regular sign permitting process. The site currently has a foundation in place in the northwest corner of the property for a monument sign that was approved with the site plan for the new building. The utilities, loading, trash, and exterior of building will have no changes. Chirpich concluded that staff recommends that the Planning Commission recommend approval of the request for a Conditional Use 5 Planning Commission Meeting November 7, 2017 Permit (CUP) to allow for a firearms training facility and shooting range in the Industrial district at 9449 Science Center Drive. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff or the applicant, it was asked that the applicant come to the podium. Curtis Moore, 2008 141st Lane NE, Ham Lake, MN and Todd Vojta, 20845 Sunnyhill Lane, Corcoran, MN came to the podium. Commissioner Landy asked the applicants if customers would come to their facility bringing their own firearms or will they be stored in the facility. The applicant responded the majority of range users would come with their own firearms. Commissioner Landy asked if the firearms would be secured correctly. Mr. Moore stated they would be unloaded and in a case. Upon entering the firing range, the guns would then be uncased and loaded. Mr. Vojta stated that would be the majority; taking into account those who have a permit-to-carry. Commissioner Landy asked if the applicant was comfortable with the parking plans for special events. Mr. Vojta stated they were comfortable with the setup as the rear of the building is virtually unused. Commissioner Landy asked the applicant if they could explain the training requirements for staff. Mr. Vojta stated all pre-employment training requirements would need to be met before employees would start working and regular monthly training is required for staff. Commissioner Landy asked if background checks are completed before hiring. The applicant confirmed background checks are performed before hiring all staff. Mr. Moore said many of their staff would be comprised of law enforcement officials. Commissioner Landy mentioned that Can Do Canines has concerns about noise and safety and suggested the applicants meet with them to address their concerns. Commissioner Smith asked if there would be any outside security. The applicant confirmed there would be significant video surveillance and pylons by the front door to prevent any vehicle from entering the building; it was confirmed that they have no plans for security guards roaming the outdoor area. Commissioner Redden asked what the second biometrics was. Christopher Dye, 8371 Passfield Turn, Maple Grove, MN, answered on behalf of the applicant. Mr. Dye stated smart card access technology and fingerprinting are the two methods. Commissioner Brinkman stated that a Federal Firearms license would be required and wanted to know whose names would be on the license. The applicant confirmed there would be four names on the license, the license application has been submitted, and they would not open until that is approved. Commissioner Brinkman asked if silencers and automatic weapons would be sold in the retail store of the company. Chad Freeman, Operations Manager, 6872 Creekside Way, Minnetrista, MN, stated he has been working in the firearms industry all his adult life. Mr. Freeman informed they would not be selling automatic weapons or silencers. They would have automatic weapons on site for use in the gun range only. Commissioner Schmidt asked if semi- 6 Planning Commission Meeting November 7, 2017 automatic weapons would be sold. Mr. Freeman confirmed they would sell semi-automatic weapons. Commissioner Brinkman asked what percentage of revenues would be from each category. Mr. Moore, stated that over half the revenue will be from training education and range and roughly 40 percent would be from the retail store. Commissioner Brinkman questioned Stacy Woods if the city had the ability to restrict the selling of ammunition or guns. Stacy responded she was not aware of being able to restrict sales of certain items if they meet the state and federal laws. Al Brixius said that right now the city does not have anything in place to restrict sales. The industry is heavily regulated federally and the applicant would have to abide by those laws. Commissioner Frazier asked if the applicant could explain the process of someone wanting to come in and test out a firearm. Mr. Freeman explained there is a qualifying questionnaire to be gone through by the range safety officer. The certified officer will take the individual into the range and go through each step from the set up and loading and firing of the firearm. Each individual range has its own video surveillance. If a situation should arise, each lane can be locked down to prevent escape and ensure the safety of others. Commissioner Frazier asked how many people would be monitoring the surveillance. Mr. Vojta explained the background and years of experience he has had in the safety industry. During the day there would be around 6-10 people monitoring the surveillance. Evenings and weekends will have higher numbers of staff as those are busier times. Commissioner Brinkman asked if they would be selling permits for hunting. The applicant responded they would sell permits, as that would tie in with their sporting oriented part of the business that includes adventure travel. Commissioner Schmidt stated in situations that have arisen with firearms, typically the person involved has been problematic beforehand and he is interested in the background check process to ensure firearms do not get in the wrong hands. Mr. Vojta stated they need to follow all the federal laws, they also have the right to refuse sale. Mr. Freeman explained the process to have a firearm transferred and all the checkpoints that are required. Commissioner Redden stated no sales would be made under the gun- show exception. Everything would have to go through all the appropriate checks. Commissioner Brinkman asked Mr. Chirpich if there was a report from the Police Department on the case. Chirpich responded the Police Chief stated in email correspondence that the security section of the report meets his expectations but would work with the applicant ongoing to make sure they are compliant with his expectations and make recommendations as he sees fit. Commissioner Smith asked what kind of leasing agreement existed with 7 Planning Commission Meeting November 7, 2017 the building owner to show the longevity of the company. Mr. Vojta stated there is an initial lease of 10 years with five-year renewals. Commissioner Hanson had questions on how the sound levels may interfere with dogs. Hanson asked if gunfire could be heard in the parking lot with the sound mitigation techniques being implemented in the design. Mr. Vojta stated the firing range is in the middle of the building with offices and other areas surrounding. Each of the walls contains sound mitigation material, which help to reduce the noise be the time the exterior of the building is reached. Commissioner Redden informed Bill’s Gun Range in Robbinsdale is located in a strip mall and does rent fully automatic weapons. There are no noise complaints from that area he is aware of. The two-step biometric security system that is in place is stricter than what is required to go through to obtain a weapon in the military. He personally would not have an issue with the technology being used in the security plan. Commissioner Schmidt stated if you are in the restaurant above Bill’s Gun Range, you can hear noise from the firearms. Can Do Canines was then asked to step to the podium. Luke Matusovic, Operations Director for Can Do Canines, 9440 Science Center Drive, New Hope, MN, read a letter from the board and staff of Can Do Canines. The letter stated concerns the agency had regarding SafePoint being located next to them. Commissioner Schmidt questioned where the area is located that the dogs are exercised. Mr. Matusovic showed where the kennel and dog run are located. Commissioner Schmidt asked if anyone was aware of sound barrier walls being constructed along Highway 169 in the future. Al Brixius said sound walls are typically installed along residential areas and not commercial/industrial. Mr. Brixius stated that all information is being looked at in regards to sound and taken into consideration with this proposal Commissioner Clark stated it should be explained as to what 70 decibels means in actual noise. Mr. Sargent used an example of 70 decibels being equal to living room music or a vacuum cleaner and 80 decibels being equivalent to garbage disposal or dishwasher. The city has a concern for the current community and future community with any planning case that is submitted. This building was built with 8 loading bays/docks that could be utilized by a business that would make use of those docks with semi-trailers loading and unloading all day, which would cause more exterior noise than SafePoint would likely create. The rights of the current community needs to be considered along with the applicants rights. Commissioner Redden asked if the building materials would be reviewed to ensure they are being constructed to control the noise as proposed during the permitting process. Mr. Sargent said the Building Official would determine if the plan submitted would meet the 8 Planning Commission Meeting November 7, 2017 minimum building requirements. Chair Schmidt inquired if anyone else in the audience would like to address the Planning Commission. 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 Redden, to close the public hearing. All present voted in favor. Motion carried. Commissioner Landy recommended the request from Can Do Canines to be included in the motion. Motion Item 4.2 Motion by Commissioner Landy, seconded by Commissioner Redden, to approve Planning Case 17-21, request for a Conditional Use Permit (CUP) to allow for a firearms training facility and shooting range in the Industrial district at 9449 Science Center Drive; SafePoint, petitioner, with the following conditions to also include the two items that Can Do Canines would like addressed: 1. The conditional use permit shall be recorded with Hennepin County. 2. Noise levels associated with the use shall remain in compliance with City Code. 3. The administrative use permit for retail sales in the Industrial District is approved. 4. The current parking is adequate for daily business operations; however, the applicant must provide the following information for special event parking. a. Parking layout for the rear of the building, showing the location and dimensions of proposed special event parking stalls. b. Prior to any special event, the applicant shall provide the city with written permission from the adjoining property owner for off-site parking. 5. Building security measures shall be subject to the review and recommendations of the New Hope Police Chief. 6. No signage is approved with this CUP. The applicant will have to secure individual permits for all signs. 7. Can Do Canines would like to know what advance studies have been completed to estimate the outdoor sound level surrounding SafePoint gun range. If such studies have not been done, they would like them completed. Can Do Canines believes it is reasonable to have this information in hand, and to have it considered by the City Council, before a final decision is made by the City of New Hope to permit this use. 8. Can Do Canines would like approval of this proposal to require a written commitment from the owners of SafePoint Gun Range that if at any time the sound should be loud enough to cause problems with the normal operation of Can 9 Planning Commission Meeting November 7, 2017 Do Canines, SafePoint Gun Range will hire the appropriate evaluators to determine that the sound maximum produced during peak gun range usage does not exceed the permitted maximum under local code of 80 decibels. Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Frazier, Redden Voting against: None Abstaining: Clark Absent: None Motion approved 8-0 Chair Schmidt stated the case will move forward to the November 27th City Council meeting. Commissioner Redden confirmed the two concerns from Can Do Canines were included with the motion. Commissioner Landy stated they were. COMMITTEE REPORTS Design and Review Committee Item 5.1 There will not be a meeting on November 16, 2017 as no applications were received. Codes and Standards Committee Item 5.2 November 8, 2017, at 6:00 p.m. NEW BUSINESS Commissioner Clark asked what happened with the gas station proposal. Mr. Sargent informed the proposal was tabled to the next city council meeting, which would be November 13th. OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Landy, seconded by Commissioner Schmidt, to approve the Planning Commission minutes of October 3, 2017, Motion carried. ANNOUNCEMENTS None ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:26 p.m. Respectfully submitted, Jessi Weber, Recording Secretary