All right. At call the planningcommission meeting um to order at 5:30 on August 18th. You call the role.>> Commissioner Ramly >> here.>> Commissioner Kermes is absent. Commissioner Fueling>> here. >> Commissioner Bonia>> here. >> Chair Lighty>> here. Thank you. [sighs] Okay. Did everybody get a chance to lookat the meeting minutes? I didn't have any changes.You guys don't have any changes? >> No. N.>> I'll look for a motion to approve those meeting minutes.>> A motion to approve. >> We have one motion to approve. Can I geta second? >> Second.>> Two motions to approve the meeting minutes from last meeting. All those infavor say I. >> I.>> All those opposed. >> Those are approved. Okay. So, let's getinto number four. We actually have to do two public hearings today, not just theone. Um because both of them need their own time. Um but staff want to get intoit. >> Yes, of course. Um so in front of youthis evening um Americ for a zoning ordinance text amendment toupdate the zoning ordinance and they're also looking for an interim use permitif the zoning text amendment is approved. Um so on the screen you'll seethe agenda um of what we're going to talk about. Umbut we'll move on to the next slide which is a map location map of theproperty. So you'll see city hall um kind of in the middle bottom of yourscreen there. And then the property that we're looking at is highlighted inyellow. Um a project overview. So as noted we'rehere for an interim use permit. Um this is specifically for a trucking terminaland then outdoor storage of vehicles within the river development overlaydistrict. So the property um the base zoning is I1 which is lay industrial andthen it's also within that river development overlay district we have umfor this area. The applicant and the property owner are actually the same.These companies have merged so it's just a marold real estate LP. Um, as noted,the current future land use, and then the future, um, guidance is lightindustrial as well. The site's about 2.8 acres, um, and it was previously vacant.The applicant has actually constructed the parking lot already, so we're kindof looking for an after the-act approval. Um, but generally is stillmostly vacant. Um, in front of you, this is a site planof what the applicant is proposing. So, this blue square notes the 136x 129 ftparking area they're proposing on the site. Um, and on this next slide, I'vekind of done an overlay over the property. So, you'll see yellow thatproperty line that kind of gives you some context in relation to the existingbuildings on site. Um, so the zoning text amendment is forso the limited industrial zoning district permitsforget you before you're totally fine. Um, it permits motor vehicle servicesum, a vehicle storage law and then a parking lot with damn it a cup as aprincipal use. Um, and their by rate as accessory uses to a permitted principaluse. Um, the river development overlay district is a district we're looking atamending. um that district specifically prohibits uses whose operation and/orprincipal operation require the outdoor storage of materials or equipmentincluding the outdoor manipulation of the materials or equipment. So thisoutdoor storage of trucking that they're looking at um would be expresslyprohibited in this river overlay district. So they're looking to amendthat district and staff have added some recommended qualifying criteria. So, ifyou'd like to move forward with an approval, um staff have recommended thatthe storage of vehicles is less than 20% of the proposed parcel um or 20,000square feet, whichever is less. We've also um required that all vehicles bescreened from all public roadways. And then the site can only be accessed fromprivate or internal drives. So, this is pretty standard for some of those umcommercial parking lots. Commercial industrial parking lots are alreadyrequired to have this, but we just reiterated that under the riverRiver Development Overlay District. Um if the zoning ordinance textamendment is approved and is permitted with an IUP, um this is the IUP we wouldbe looking at. So the proposal is for an about 17,500square ft gravel pad. Um as noted, this has already been installed on the site.So the pictures on screen are what the site currently looks like. So these aresome um overhead and then some onsite. This also kind of gives you um the lookat some landscaping which we'll talk about in a bit. Access is already off ofa private drive. So that private drive have access to Maxwell Avenue. And thenthe duration of the IUP is expected to be about 15 months. Um I believe staffhave recommended 18 months for the IUP term to give them time to reclaim thesite and restore it to the original pre-development conditions um includinglike grass and landscaping. Um these are the bulk standards in frontof you. So, the site generally meets all the bulk standards. Um, the only thingI'll note is the lot configuration here is a little bit weird. So, because theway the parcels are configured in this area, the only actual frontage this lothas is on that highway parcel. So, it's on the 494 ramp. So, that's technicallythe front. So, it's the most northern property line. Um, so the mostapplicable standards would be those side and rear is what it's actually closestto when you look at the site. Um it currently um has a zero minimum sidesetback of 0ero feet because it touches the property. So you saw on that drawingit was pretty close to the side property lines. Um it'll kind of give you if weflip to the next slide it'll give you a better image of what it looks like. Sothat you know zero foot um we could consider this access and then it doesn'thave that issue as long as they're parking that um you know certain feetaway. But something to kind of point out looking at for the application.Um, as noted, landscaping. So, these images kind of give you an idea of whatthe existing landscaping looks like. Um, there's no changes to the landscaping asproposed. I will note there is a requirement in city code that parkinglots with more than eight vehicles are required to landscape 10% of that lotsurface area. Um, this is condition is currently not being met with a proposal.they're not proposing any additional landscaping. Um, if this [snorts] issomething that the commission is comfortable with, I think staff wouldalso be comfortable with um, you know, providinga deviation from this standard given the duration of, you know, the length of theuse and then the fact that it'll all be returned to grass and landscaping uponthe IUP ending. Um, screening, that's also somethingthat the commission should have a discussion on if the screening iscurrently adequate to screen. So, these are the photos that have been providedby the applicant. And then we've also included kind of a Google Street view onthe next slide that kind of um depicts what it looks like actually from MaxwellAvenue. So, kind of on the furthest right partof your screen, that's that entrance off of Maxwell that this site would thenaccess on. So, kind of gives you a more eyele view of what that looks like.Speaking of parking and access, um you know, when we look at parking lots, allindustrial, commercial, um parking, loading, you know, um all of those baysare required to be constructed of concrete, asphalt, some dustlesssurface, um and then concrete curbing unless the city approves otherwise. So,you have the ability within the IUP to prevent to provide a deviation from thisrequirement. The applicant is requesting this deviation to use the gravel parkingsurface that they currently have. So, it's currently gravel. They're asking tocontinue using it only as gravel. Um the off- streetet parking spaces, there'scurrently no minimum parking standards for this use.So there's no minimum amount of spaces they have to have. They're currentlyproposing 8 to 10 spaces kind of at a maximum. So staff have added a conditionwithin the IUP that they would be in maximum of 10 on site.And then they are required to, as noted, have that access from a privatedriveway. staff have reiterated that within the zoning text amendment. Um, looking at the findings for thezoning ordinance text amendment. Um, so they're not specific findings similar tothe AR use permit ones we'll get into. Um, but generally the city has theability to amend the zoning ordinance if it feels it's in the interest of thepublic health, safety, welfare, and that is compatible with the city'scomprehensive plan. The interim use permit. Um, these are, you know, prettystandard. You've seen these before. These are the standards you would belooking at and the findings you would be looking to find compliant with if youmove forward with the IUP. If the commission recommends approval,these are some recommended conditions of approval for that IUP. Um, so kind ofexplicit to the storage and parking only as an accessory use to that principaluse at 2233 Maxwell Avenue. That's that, you know, neighboring building. Theyhave to be in conformance with, you know, the existing structure. They can'texpand the parking pad any past what it is today. No outdoor storage parkingwould be permitted outside of that area. Then, you know, we talk about some ofthe, you know, no site improvements until they receive approval, no furthersite improvements, the maximum of 10 spaces,and some of the, you know, general language you see in those IUPs. So,about fees and escros and that. So, pretty a lot of the standard conditions.And then one we've already kind of talked about in the presentation.If the commission wants to recommend approval, um staff are recommendingapproval. These are the example motions in front of you. I'm happy to stand forany questions and the applicant is also with us.>> I back you. >> So does how does this touch the compplan positive or negative? >> So looking at the comp plan, um thearea for the I1 um it's compliant, right? I think some of the standards forthe comp plan allude to like letting businesses expand, you know, supportingthe existing businesses we have. I think you run into the largest issue with thatriver development overlay district, um, which is a little bit more applicable tothe zoning code. Um, but definitely some standards in there. The intent of thatdistrict is to, you know, protect development and provide development thatreally supports some of those adjacent uses in districts. So, you know, staffhave found it generally supportive of the comp plan, but definitely adiscussion to have. >> My other one is the I know not all of ushave been here for forever, but the river overview district, what was ittrying to protect? >> Yeah. Let me pull up that intent.>> Just want to know understand the mindset of that group that put it into place.>> Sure. >> And make sure we're not>> Yeah. make sure we're all vibing with the same kind of>> Absolutely. Um, so the objectives of that district are to provide the cityreview of proposed new uses and redevelopment of the parcels tocoordinate that redevelopment with redevelopment plans and activitiesadjacent to the MX2 adjacent districts and then implement the city's conceptplans for redevelopment around that by creating connections to the MississippiRiver. That's kind of super specifically some of the objectives of that district.Guess I have any more for staff? [snorts]>> Did one of the those diagrams show us the whole overlay district that thisordinance change would impact? >> Yes, it did. So the Yep. So this um that black hatch area,so those the pink and then the dark I one parcels that is the riverdevelopment overlay district. So, it's relatively small area. Um, butdefinitely important nonetheless. >> And so, this is temporary, right? Thisis just 18 months. >> The IUP is temporary, not the zoningcode of, >> right? That's Oh, and we're not to theIP. >> We're not to the IUP yet.>> Okay. Um, I guess my question is, so if it's going to be gravel, right, thenwe've got like the dust and whatever, and then winter comes along and if we'reusing it for parking, how do we keep the gravel and the like, you know, is thisgoing to >> I think that'll be a question fordeveloper. But yeah, I get what you're saying because I'm not allowed currentlyto put to put gra make a gravel driveway due to it not being an impervioussurface, >> right? Um, also, you know, I think partof the thing with the river over overlay district was to protect the river. Um,and semis, trailers, they leak. Um, things fall off of them.Um, and so, you know, water mitigation, how would that happen? This is notimpervious surface, but it's going to create pooling of water somewhere. So,all questions that we have to ask, but anything else for staff?>> One more. Does this intersect at all with the Mississippi River corridor?>> Nope. Those are two separate overlay districts. So, this won't change any ofthe standards that the district has. >> Okay. Okay. Good. Developer, want tocome up and state your name and we'll ask some questions?>> Sure. >> Uh, good evening, uh, Mr. Chair, membersof the commission and staff. I appreciate the opportunity to be here.My name is Jim Yaros. an attorney at Seagle Brill in Minneapolis. Uh, and I'mrepresenting America Real Estate LP. Uh, the owner. So, we're not a developer,we're the owner, but the applicant, if you will. And with me tonight is RandyLewis, who um, he he's overall in charge of of the local operations of thisparticular site. Um, just a couple comments. Uh first of all, and I knowthat this is not your normal night. Uh and so I appreciate you being here andit's a nice summer night. So thank you for having this cuz maybe you wouldn'thave it but for our issue. So thank you. Appreciate it. Um so I appreciate and welooked at that like as um Miss Richard said and um you know the overlaydistrict touches on a very small area and it has some um you know longer termI would say and when we were talking about it kind of plans and how we wantthis to go and that's what's sort of driving this like um this is ashort-term deal until a client builds its own kind of parking and it's helpingwith a long-term customer and this is obviously a long-term business in thecity of Newport. Been here since the 50 59. Um, so I understand and I hear thepotential concerns of, hey, but that's the whole point of an IUP is is you canprovide a use and a productive use of an area and it's kind of peculiar. Thisparticular piece of property was encumbered by a mindot highway easementnot being used for a highway for since like 1944.And in fact, it had even dropped off. longer story you want to know, butthat's how I originally got involved with this parcel is that the piece ofproperty was fully encumbered and ownership was like lost and we had towork with Washington County to kind of get it back. It was registered propertyand went through a whole process. So, this is actually an opportunity to putit to a productive use to help with a a client and again on a limited basisbecause at the end of the permit the the uh recommended condition is to just putit back on how it was. Um, and so we don't anticipate that the cities, and Iknow you've put a lot of time and planning on this overlay district, butthere's a future component. Understand that's how comprehensive plans work.Takes time to get it, but hey, that's where we want to go, but that's why youhave a tool like an interim use permit that we can have a use that still works.And again, the underlying zoning would permit this, but not hinder thelong-term plan for the city. So that is how the request came about to put itinto this. Um so that um I just want to talk a bit about that overlay districtand what the intent here again and they do go hand in hand because you can't goright to the interim use permit because it has to comply with the comprehensiveplan. So we needed the text amendment to allow that. So that is how they fittogether and why we had to go that route. um in terms of gravel and youknow parking. I'm going to let um Randy speak to those because you'd rather hearfrom him and he's more knowledgeable about those issues. So>> I do have a couple questions for you when when you're done. No, go ahead.Yeah. >> Hi Randy Lewis. I'm the districtdirector of operations for America in this region. Um that encompassesoversight of eight facilities. Um I initially was the vice president ofoperations for Newport cold storage when it was sold to America and then now webasically have the entire state of Minnesota. Um so used to being in thishere been here since 2001. So a lot of years and a lot ofunderstanding of this particular property and as we saw that go from ifyou remember the old primary u meat uh cement building that we tore down andthen started building some of the new infrastructure. We were part of thatover the years. So, our intentions here, which I'll start and offer an apology toobviously the the city staff and and the council and the chair, that ourintentions were to simply take what we saw as a small area that was not aroundany sewer drainage or anything and simply put it down so we could help acustomer that had informed us of their intentions to leave our business. uhthat customer, 25-y year member of and partner of ours, uh had looked to removetheir business because they're building their own facility in Jordan. And thenthey were temporarily going to utilize a parcel in Lakeville that was for lease.They were going to consolidate their business model. Uh obviously, we didn'twant to lose that business. So, in an attempt to try and protect thatrelationship and the 14 to 22 jobs that go with this business, we came up with aplan that we could allow them to consolidate at the Newport facilityspecifically. Uh, to do so, we would have to then take empty trailers notrunning and have a small parcel off to the side. Anything that would be runningand have the it would be stored in the normal areas that it is today. Uh, theNewport facility has about 120 to 150 loads per day. So, we felt as thoughthis eight trailers was not going to be a significant impact on the visibilityof anybody going by the facility. So, I'll call it lack of understanding, lackof knowledge and knowing that it wasn't around any of the city sewer parcels iswhy we chose to do it. Uh once we advised that uh we were going about itthe wrong way, we stopped, haven't touched it since. So, which brings ushere today. So, any questions that I can answer?>> You want to just talk about the dust? >> Yeah. So the dust we have dust [snorts]trailer parking already which would be on the north and the west side of thefacility. We do basically split spray a hardening component on that whicheliminates any dust. Uh it it's not the cheapest thing but we do it because wedon't want to see it either. Right. Um and we've done that on the west side andwe've that's been in place for 10 years now. And then as far as the wintercontrols of the plowing, surprisingly enough, once you do spray that hardeningcomponent down and plowing over, it's no different than cement.>> How big in relation to this new pad that was put in is your old pad.>> The old pad is the length of the building, which I believe is 152.>> So, it's bigger than this one. >> Very large. Uh and the only reason isthat with the activity of the facility, we felt as though that a buffer wasneeded just to be able to manage the general inbound and outbound traffic aday. The Newport facility not only has the storage and the distributionofferings, but also has a transportation company as well. So trying to litigatethose, we felt is we need that little bit of a buffer to manage the additionalinbound traffic. So where we put 8 to 10 as the amount that we'd use, uh highlylikely that you will not see that there. Uh a very limited amount. Uh there willbe during peak times. Typically it would be uh I'd think the first part of theweek and then the end of the week is typically where the busy portions are,but we're going to hold most of that traffic in the encompassed area that weoperate today until we would need that overflow.>> Gotcha. He got he he he answered your question.And I was wondering how a company that's been around for so long doesn't pick upa phone and call the city that they're in when they're going to do somethinglike this. And I was going to ask you because you're the lawyer, sotechnically that buck should have stopped with you. Well,>> but I'm just >> No, it's it's 100% our our fault. Uhwhen we had the Wakakota Bridge project, this land here was part of like aneasement piece. And then when the merge or when the acquisition happened and wemerged the organizations, there was an opportunity for us to look at expansion.So, we looked at trying to reclaim this property. To all of his details that heprovided you, that was not the easiest path for us to find.>> We did identify a way for us to get that done. I believe the billboard was even apart of that, too. The digital billboard that's on the property, which is takingup one, uh, trailer space of parking, by the way. So, [laughter]>> uh, by the city. >> Yeah. At least by the city. So, uh, thatwas part of the deal for us to do it. decided that based off of just the areaand then the bedrock that was there that it wasn't financially I guessappropriate for us to look at expansion when we had easier and more inexpensiveoptions elsewhere. >> So there it sits.>> Mhm. >> So>> cheer members of the council if I may. Um, so, uh, an additional item here isif it wasn't two different parcels, it would have been allowed to, um, for themat least to have that parking and maybe there would have been some some, uh,questions regarding like hardscape and things like that and and, uh, a lotcoverage, things like that. But, um, you know, the use would have been allowed atleast. So, I think that's a point to clarify there. and>> direction I gave my team was with the understanding that it was one Newportyou I've been there for 25 years so >> um but again my apologies for theshortsided piece I'm >> that's understandable any more questions>> the screening is is a question that I have because if I was anywhere near thisand I had any kind of a second story and I saw it for the length of almost twoyears it would piss me off. So tell me a little bit about because what I see overthere now is kind of like prairie almost like regenerative prairie where thegrass is tall, the trees are >> Yeah.>> sporadic, you know. So I wouldn't really call that landscaping.>> No, it's just that the plant the land is as it's grown without anything beingdone to it, right? >> Uh if this were a permanent option forus, obviously we would go the route of looking at screening it so that it wasinvisible to anybody. It's it's a temporary item. So based off of theeight to 10 trailers that would be visible in that area from ourperspective, it won't be any [clears throat] disputed visible viewcompared to the 300 trucks per day that are going across the front of Maxwelland in and out of there. And those trucks, if you've ever noticed, sit onthe entrance from for length of time so they can basically go through theirpaperwork, make sure that everything's working. So I felt that eight to the 10was just not justifying to a potential 60 to $80,000 cost to put some sort ofpermanent screening just to take it down here in the 15 to 18 months.>> Yep. >> So the ask was if we showed you line ofsight, it it's not significantly noticeable. Again, you wouldn't hear anyof the units running. Those will all be turned off. So anything that has therefrigeration units running would be inside the complex. Okay,>> that's good. >> But it's it's a great call out. Itotally understand. >> That's my job. [laughter]>> Um, anybody else have anything? >> No.>> No. Okay. >> No. Thank you so much. Appreciate it.Sorry to be hard on you. >> Um, do we want to open the public hearingfor all the public? All right. We'll open the public hearingat 5:55. Let it go for a minute. While we're doing this, can you pull upum the items you had, the changes, the requirements you would have? Yes. Thankyou. Okay. >> It's like the last minute of highschool. Just >> I know. Just watching the clock.>> That's why I hated when they put in digital clocks.>> Yeah. Cuz then you had no idea. >> Mhm. On purpose.>> Mhm. >> Just wait a minute. [snorts] All right, we'll go ahead and close thepublic hearing at 556. Discussion. >> Um, I would also hold the public hearingfor the interim use permit also, chair. Thank you.>> Yeah. Any [laughter] questions for staff on the inram usepermit and the recommended conditions put forward or addition of [snorts]>> no here? >> I don't think so either. Okay, we'll goahead and open the public hearing at 556. Oh my god. and we'll close the public hearing at557. All right. Discussion on both topics.>> Could we see the language for the ordinance again?>> Yes, absolutely. Yep. What about the screening? Right. We Idon't know if the city has stakeholding what that looks like, but if we're goingto put screening in there, we should probably make sure it's very clear sothat they know what we're looking for. >> Uh city comfortable with the currentstate of the landscaping, the blockage, the screening. Does it the city feellike it meets what we need for this temporary use? I I would say uh chairand commissioners um I would say for the interim use if this was going to be apermanent parking facility um then the recommendation would be that it'sscreened based on the interim use um and that at uhyou know at uh street level um I don't think you'll be able to see too much uhbut obviously from 494 or the second or third story of the apartments you'll beable to see it but um you know that I the amount of semi-trail traffic>> um is significant and then if you go by Wilson lines,>> right? >> Uh so I mean I I would say it's notgoing to in my opinion it's not going to >> umit's not going to be something that someone who's already living in thisarea is going to say, "Wow, this is really a change of of uh you know when Ileased this apartment or or bought this home." Yep. Um so I you know and beingthat is it is an interim use uh you know city staff is comfortable um with uh uhyou know not not requiring anything else at this point. So>> I was going to bring that up also. We all there's already another truckingcompany that has trucks sitting. >> The thing is is I don't live over onthis side of town, right? So I'm trying to>> make there's a reason why they put these things in for parking and impervioussurface and so we need to just be you know yes there is one. I don't know ifit's conforming, but there [laughter] is one. Um, but um, okay. So, any otherdiscussions on that? >> I'm I think that, you know, they've beena longtime neighbor of ours and um, they're asking for a really short-termum, exception [clears throat] and so I'm of the disposition that we should grantit for them. It's a very limited time. >> I agree.>> Let's bring up the U motions, please. We'll do the uh motion for the zoningordinance amendment first. >> Well, I could do it then. Um motion>> a motion to um move to recommend uh the city council approve the zoningordinance um tax amendment requested by Americanold real estate to permitaccessory uses whose principal operation requires the outdoor storage of motorvehicles including the outdoor manipulation of motor vehicles as aninterim use in the river development over overlay district with thequalifications proposed by staff. I have one motion. Can I get a second?>> I'll second it. >> All right. I got two motions to approve.All those in favor say I. I. >> I. Those opposed.[sighs] >> Zoning ordinance passed. The textamendment passes. Um, go to council, I imagine. So, [sighs] um, we're good withthe intram use with the conditions the staff put forward.>> Yes. >> Yes.>> All right. Go ahead. Motion to move uh to recommend the city council approvethe inter interim use permit requested by Americanold real estate to allow fortemporary use of the site for 18 months with the conditions proposed by staff.>> Had a second. >> Second.>> I have two motions to move. >> All those in favor say I.>> I. >> I. All those opposed. Both have passed. Anything else to goover? Anybody? No. All right, then I will call the meeting adjourned at 6:01.>> You did what you got paid to do.