HomeMy WebLinkAboutPC 12.16.21Minutes for the Planning Commission Meeting of Thursday, December 16, 2021
Chair Kleissler called the meeting to order at 7:00 pm.
PRESENT: Derr, Kleissler, Luchsinger, Mulvihill, Petty.
ABSENT: Arcand, Fry, Lessard.
STAFF: Rachel Juba, Community Development Director
Emily Weber, Community Development Assistant
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of September 23, 2021
Commissioner Petty made a motion, seconded by Commissioner Luchsinger to approve minutes for the
meeting of September 23, 2021.
Ayes: Derr, Luchsinger, Mulvihill, Petty.
Abstained: Kleissler. Nay: None.
Motion carried.
Public Hearine: Victor Land Holdings. LLC — Site clan and conditional use permit amendment
Staff provided a background on the application submitted by Victor Land Holdings, LLC. The applicant is
requesting approval of a site plan for an approximately 43,000 square foot office, manufacturing, and
warehouse building with associated parking. The proposed building will be occupied by JL Schwieters
for a continuation of their manufacturing and warehousing for their floor and roof truss operations.
The applicant is also requesting a CUP amendment for their campus development.
In 2018, the City Council approved a CUP for a campus development that approved the location and
use of four proposed buildings on the site. The applicant is requesting approval for phase three of the
campus development which includes a 43,000 square foot warehouse and office building. The general
location of the buildings remain the same with the request.
Staff found that the site plan meets all the ordinance standards for the industrial zoning. Staff stated
that the applicant has requested that the city cost share with the construction of 1401" street. This
would be included with the CIP. The city owns a majority of the adjacent properties to 1401" street and
also has a lift station located along the right of way. It would also gain access to Clearwater Creek
Preserve Park. The EDA unanimously recommended approval of the developer's request.
In conclusion, staff finds that the proposal meets all requirements necessary for the City to approve the
site plan and CUP amendment. Staff recommends approval of the site plan and CUP amendment
applications from Victor Land Holdings, LLC.
December 16, 2021 PC Minutes
Page 2
Blake Schwieters addressed the Planning Commission on behalf of Victor Land Holdings, LLC.
Schwieters manages the main manufacturing operations at JL Schwieters. The applicant emphasized
that the proposed building is an extension of the existing operations on site and is needed to increase
capacity.
Commissioner Luchsinger asked the applicant to elaborate on the additional impacts that the proposed
building will have on the neighboring properties. Schwieters stated that they do not anticipate semi -
truck traffic to gain access from 140t" Street North, although the road will be used to access parking for
employees. They also stated that all of the proposed garage doors are facing away from the residential
properties to limit the noise impact.
Commissioner Petty asked if the garage doors are opened during the day. Schwieters stated they are
opened and closed for production needs and to allow air flow into the building as there is no A/C.
Chair Kleissler opened the public hearing at 7:23pm.
Bill Mahre, 5231 141St Street N — Mahre is the president of Fenway Place, which is the residential
development to the north of the site. He has been a resident of Fenway Place for five years and is
representing the neighbors. His two main areas of concern are the screening requirements for the site
and the noise. The resident stated that the garage doors are opened 24 hours a day during the summer
and the noise is loud, especially during sleeping hours. The resident suggested a time in which the
doors are allowed to be opened and that the business install air conditioners for the facility. He also
stated that if commitments were made in the past on sound barriers than they need to be kept.
Commissioner Mulvihill asked the resident if there is a difference between night and day hours in
regard to the noise level. Mahre stated that night tends to be magnified due to lack of surrounding
noise.
Mark Briggs, 5221 141St Street N — Briggs has been a resident of Fenway Place for the last year and
stated that noise is the biggest issue, particularly during the middle of the night. The resident asked if
there is any hazardous waste that is produced and if there will be any wetland impact. Staff stated that
the street project will lead to an evaluation of whether there are wetland impacts and mitigation will
be handled appropriately should there be a need for impacts.
Denise Johnson, 5239 14151 Circle N — The resident is within close proximity to the industrial park and
has concerns about the growth of the business. The concerns with the new proposed building are the
same concerns from the first buildings that were built. There are loud, disruptive noises that happen 24
hours a day and during all seasons. The noises can be heard with or without their windows open. The
expansion of the business will increase the noise and traffic level. The resident also stated that they are
concerned about the aesthetic of the parking on the north side of the proposed building. Johnson
played an audio recording on her phone to demonstrate the noise from the Schwieters operations. The
resident requested that the applicant construct a freeway wall along the north side of the site to
mitigate noise and sight impacts from the operations.
December 16, 2021 PC Minutes
Page 3
Donald Patrick Jones, 5249 141St Circle N — The resident stated that they were told that the proposed
site would be light industrial and that the existing operations are disruptive. The noise and traffic
problems need to be addressed. The resident requested that there be a noise study done on site and
stated that the noise levels do not meet OHSA guidelines. The resident stated the manager at building
2 has worked with the residents at Fenway Place and made changes to operations that benefited the
residents. The resident asked that the noise ordinances be enforced and traffic concerns addressed.
The resident also asked staff how he can appeal a City Council approval should the Council approve the
applications and asked the Commissioners to consider their rights as residents.
Madam Chair asked staff if there was anyone attending virtually that would like to participate in the
public hearing. Staff responded that there were no participants on Zoom.
The applicant came forward to address the concerns from the residents. Schwieters stated that truck
traffic will not be on 1401" Street and that deliveries only occur from lam to 4:30pm. The dumpster
location can be moved to help minimize noise to the residential development.
Staff provided some clarification on comments stated by the residents. Juba stated that 140t" Street is
considered a collector road and will be a busy street in the future. Additionally, the proposed site has
been zoned industrial for a long time. She also stated that the sheriff department does stage officers at
the stop sign located on the 1401" Street and Fenway Boulevard intersection.
Chair Kleissler asked if the proposed building has an interior or exterior dumpster location. Staff stated
that the applicant is not showing a trash enclosure on the site plan, indicating that it is interior. The
applicant has told staff that the operations will be shared with the existing buildings on site and will
likely use shared trash facilities.
Bill Mahre, 5231 1415t Street N, addressed the Planning Commission and stated that the dumpster
location will not solve the issues.
Denise Johnson, 5239 14151 Circle N, addressed the Planning Commission and requested that the City
put weight restrictions on 140t" Street to ensure there is no semi -truck traffic on the road. Staff stated
that 140t" Street will be a busy street and that they cannot stop what type of vehicles use the road.
Crisann Johnson, 5249 14151 Circle N —The resident stated that restrictions can be made on roads. The
resident also stated concerns with the stoplight on the intersection of 140t" Street N and Highway 61.
She also stated that other businesses are required to have enclosed trash facilities. The neighborhood
is suffering from how the business is currently operating.
Commissioner Luchinger asked the applicant about the beeping noise heard on the recording.
Schwieters stated that it is from forklifts and that the beeping cannot be disabled from them as it is a
safety feature. Commissioner Mulvihill asked about limiting the number of forklifts and about the
hours of the garage doors. Schwieters stated that the doors have to be opened and closed throughout
all shifts and that even with A/C, the facility would be required to open the doors to receive product.
December 16, 2021 PC Minutes
Page 4
Commissioner Petty suggested that the dumpster be moved as a condition of approval, that the doors
be closed during specific hours, and that there be a weight limit implemented on 140t" Street North.
The applicant continued his discussion on how the business is operated.
Bill Mahre, 5231 141St Street N, addressed the Planning Commission with additional concerns on
business operations. The applicant stated that there are two separate business entities that operate on
the property.
Donald Patrick Jones, 5249 141St Circle N, addressed the Planning Commission and provided additional
comments on business operations.
Crisann Jones, 5249 141St Circle N, addressed the Planning Commission and provided additional
comments and questions on business operations.
Staff provided clarification on the difference between the two companies that operate on site.
Chair Kleissler closed the public hearing at 8:36pm.
The Planning Commission continued their discussion on the proposed applications. The Commissioners
generally agreed that Schwieters is a valuable business to the City of Hugo but that there are legitimate
noise concerns due to the proximity of residential development. The Commissioners thought that
there should be a limit to when the garage doors can be open.
The Commissioners had a discussion on weight restrictions being implemented on 140t" Street and
staff stated that a weight restriction cannot be implemented with this request. However, they will talk
to the Public Works Department and Engineering Department and report back to the City Council. Staff
also stated that staff would not recommend limiting types of vehicles on public roads as they have
public right of ways.
Donald Patrick Jones, 5249 14151 Circle N, addressed the Planning Commission and stated that 140tn
Street should not be extended due to the close proximity of wetlands.
Commissioner Luchsinger made a motion to approve the site plan and conditional use permit
amendment for Victor Land Holdings, LLC, with the condition that the garage doors to the proposed
building be closed except for receiving or unloading product from 9pm to 6am and that the dumpster
location be moved further south on site. Commissioner Petty seconded the motion.
Ayes: Derr, Kleissler, Luchsinger, Mulvihill, Petty.
Nay: None.
Motion Carried.
December 16, 2021 PC Minutes
Page 5
Announcements
Staff stated Commissioner Luchsinger is resigning from the Planning Commission and that
Commissioner Arcand's term is over and that he will be retiring from the Planning Commission.
Adjournment
Commissioner Mulvilhill made a motion, Commissioner Luchsinger seconded, to adjourn at 8:55pm.
Respectfully Submitted,
Emily Weber, Community Development Assistant.