HomeMy WebLinkAboutPC PACKET 02.23.23If you need accommodations for the Planning Commission meeting please contact
Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you.
Agenda
Hugo Planning Commission
Thursday, February 23, 2023
Hugo City Hall
7:00 PM
A. ROLL CALL: Andress, Arcand, Derr, Granger, Kelly, Kleissler, Lessard, Petty
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF MINUTES
1. January 12, 2023
D. PUBLIC HEARING
1. Bradley Investments, LLC. c/o Dart Portable Storage, 16028 Forest Boulevard North –
Conditional Use Permit Amendment to allow for exterior storage.
E. NEW BUSINESS
F. OLD BUSINESS
G. ADJOURNMENT
Minutes for the Planning Commission Meeting of Thursday, January 12, 2023
Chair Kleissler called the meeting to order at 7:00 pm.
PRESENT: Andress, Arcand, Derr, Granger, Kelly, Kleissler, Petty
ABSENT: Lessard
STAFF: Rachel Juba, Community Development Director
Joe Hinzman, Administrative Intern
Oath of Office
Planning Commissioners Michael Kelly and Michael Granger recited the Oath of Office.
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of December 8, 2022
Commissioner Petty made a motion, seconded by Commissioner Derr, to approve the minutes for the
Planning Commission meeting of December 8, 2022.
Ayes: Andress, Derr, Granger, Kelly, Kleissler, Petty.
Abstain: Arcand.
Motion carried.
Public Hearing: Ordinance Amendments – Municipal Separate Storm Sewer System (MS4)
Requirements
Staff provided background on the 2020 Municipal Separate Storm Sewer System (MS4) General Permit
requirements. Two sections were added to the General Permit that requires the passage of two
ordinances. The first section requires permit holders to regulate the proper removal and dispo sal of
pet waste on permittee owned land. To address this, staff proposed the adoption of Ordinance 2023-
520 related to the proper removal and disposal of animal waste. This ordinance amends sections 10-1,
10-38 and 10-39 of the City Code and requires pet owners to immediately remove their pet’s waste on
public and private property not owned by the owner. Additionally, the ordinance lays out proper
methods of disposal and classifies violations as petty misdemeanors. The second section requires
permit holders to regulate salt storage at commercial, industrial, and institutional facilities. To address
this, staff proposed the adoption of Ordinance 2023 -521 related to proper salt storage at commercial,
industrial, and institutional facilities. This ordinance amends section 90-182 of the City Code and
requires deicing materials to be stored indoors when possible, or be properly covered if stored
outdoors. Additionally, the facility must be in close proximity to where the deicing materials are being
used, be located on an impervious surface, and not be located in salt vulnerable areas. Best practices
must be implemented to reduce exposure when transferring salt or other deicing materials. Staff
January 12, 2023 PC Minutes
Page 2
stated that the proposed ordinance would put them in compliance with se ctions 18.5 and 18.6 of the
City Code. Additionally, staff hopes these ordinances would help maintain healthy ecosystems and
waterways, improve sanitation and reduce runoff pollution. Staff recommends the Commission
approves the mentioned City Code amendments and that a public hearing is held.
Commissioner Petty asked what ‘permittee owned land area’ means. Hinzman explained that
permittee owned land area refers to public property, as the City is the permit holder. Commissioner
Petty asked if the dog waste ordinance would apply to private property. Hinzman stated that the
ordinance would apply to private property not owned by the pet owner. Juba stated that the city could
require pet owners to clean up dog waste on their own property underneath the City Cod e’s nuisance
section. Commissioner Petty asked whether the salt storage ordinance would apply to the City of Hugo.
Juba stated that the ordinance applies to the City
Commissioner Granger asked if there are any companies that would be impacted by the propo sed salt
storage ordinance. Juba responded that she was not aware of any companies that have salt storage
facilities.
Commissioner Kelly asked how these ordinances would be enforced. Juba responded that the animal
waste ordinance would be enforced on a complaint basis. Juba stated that the dog waste and salt
storage ordinance would be enforced based on routine inspections required by the MS4 General
Permit.
Chair Kleissler opened the Public Hearing at 7:21 PM
No one spoke at the public hearing.
Chair Kleissler closed the Public Hearing at 7:21 PM.
No further discussion.
Commissioner Petty made a motion, seconded by Commissioner Granger, to approve the pet waste
and salt storage MS4 Ordinances.
Ayes: Andress, Derr, Granger, Kelly, Kleissler, Petty
Abstain: Arcand
Motion Carried
New Business
None.
January 12, 2023 PC Minutes
Page 3
Old Business: Oneka Commons - Revised Sketch Plan
Staff provided an update on the Oneka Commons sketch plan. The developer for the project is Peter
Stalland from Knute Development, LLC. The sketch plan was revised, as the Planning Commission did
not like changing the land use to allow the apartment at the original proposed location. The property is
zoned Central Business with a small portion zoned General Business. The property is guided Mixed-Use
with a small potion guided Commercial. The applicant is using approximately 23 acres to create a
mixed use development with residential and commercial uses, with the intention to create apartments
and commercial businesses. 150 apartment units are proposed, and access to the site would be from
Frenchman Road. The developer has not clarified that they are applying for a Planned Unit
Development. The development is subject to Downtown Design Guidelines. T he applicant indicated
that the building’s design will be consistent with these guidelines by blending the uses together.
Common spaces and amenities will be included, as well as pedestrian oriented elements. Landscaping
and architectural features will be consistent with Downtown Design Guidelines. Commercial buildings
in the development are required to meet Commercial and Industrial Design guidelines. The applicant
presented a general commercial building rendering, which appears to mostly align with these
guidelines by relating to traditional Main Street or Prairie style architecture and being oriented
towards the streets. The apartment building is required to meet the requirements of the Multifamily
Design Guidelines. The applicant presented a rendering of the apartment complex. The rendering is
three to four stories tall with underground parking and a breezeway. The developer is proposing
meandering trails connecting to the Hardwood Creek Regional Trail, and sidewalks have been
constructed along both sides of Victor Path. The developer included a proposed park in the sketch plan
without any amenities. Entrance to the development would be from a right -in/right-out from
Frenchman road which would need to be approved by Washington County. A roundabout is included
for easier access to the property. The applicant has indicated regional stormwater management for the
site. Sewer and water is available for the site. Staff believes that generally, the sketch plan is on the
right track in meeting development guidelines. Staff recommends the Planning Commission provide
comments to the applicant on the proposed sketch plan, specifically related to the general layout,
building architecture, street access and development phasing.
Stalland addressed the Planning Commission. Stalland clarified that the project would develop both the
residential and commercial properties, creating uniformity. Stalland states that the phasing of the
development will be controlled by the developer. Stalland mentions the development’s massing and
how he needs a minimum of 150 apartment units in order for the development to be economically
feasible. Stalland notes that the two houses facing the complex will be a story above the traffic driving
into the development. Stalland states that the breezeway will act as a plaza.
Commissioner Arcand asked if the apartment complex is two buildings, and if the garage is connected
to both. Stalland confirmed that to be true. Commissioner Arcand asked if Stalland would have any
issue moving the roundabout. Stalland responded that they can be flexible within reason.
Commissioner Arcand asked if the road coming out of the roundabout towards Fenway Avenue is
included in the project. Stalland responded that it is not. Arcand asked what the County does not like
about the right-in right-out. Juba responded that access point was not part of their County Road 8
corridor plan. Commissioner Arcand asked if a right-in right-out on Highway 61 was possible. Stalland
January 12, 2023 PC Minutes
Page 4
stated that it is not possible. Arcand asked if the architecture would be consistent regarding
commercial developments. Stalland responded that companies would have to adapt to the developer’s
architectural guidelines.
Commissioner Granger asked how the developer manages the common areas. Stalland responded that
it was through the common area maintenance requirements. Commissioner Granger asked about
grading at the site. Stalland mentioned that grading would not need to be adjusted. Juba stated that
the City will have to analyze the groundwater to ensure the correct separation, potentially leading to a
raise.
Commissioner Petty stated that she appreciates the sketch plan changes and asked if the Planning
Commission could receive a concept of what the plaza would look like. Stalland responded that he can
do that.
Commissioner Kelly asked when a traffic study would be conducted. Juba responded that it would be
conducted as the plans are being developed for the Preliminary Plat. Commissioner Kelly stated that he
believes the traffic study may cause problems for the developer. Stalland responded that there are
already indications that a traffic light will need to be included. Commissioner Kelly stated concerns
about traffic congestion in the morning. Stalland responded that the traffic engineers will find a way to
resolve this issue. Kelly asked if traffic will backed up in the right-in right-out if there is a red light.
Stalland responded that it is a possibility.
Chair Kleissler asked about the timing of building the development. Stalland responded that the first
phase would ideally start late summer to early fall. Construction would start late fall to early winter.
The first 88 units would take around 12-14 months to build. The next phase would begin depending on
the shape of the economy. Commercial buildings would take around 6 to 9 months. Chair Kleissler
asked if the developer plans on selling the parcels off. Stalland responded that it depends on the buyer
and the market.
Chair Arcand asked how much of the site would be graded during the first phase. Stalland responded
that they would mass grade the entire site.
Commissioner Andress asked if there would be any ditch dredging at the south end of the site. Stalland
responded that he does not anticipate anything happening.
Petty asked why trees are not permitted to be planted in the right of way. Juba responded that the
County maintains the right of way and prefers to not deal with new plants.
January 12, 2023 PC Minutes
Page 5
Old Business: Review and Approve 2023 Goals
Juba reviewed the Planning Commission’s 2023 goals set forth at a previous goal setting meeting. Juba
mentioned a few staff changes. The Economic Development Authority would also like to discuss zoning
language and geographic considerations for high-density apartments. Goals staff added include a goal
to evaluate the adoption of a mixed-use zoning district, a goal to consider revisions to residential
zoning district regulations, and a goal to evaluate the solar energy system ordinance. Staff would also
like the Planning Commission to stay informed on the Highway 61 Visioning Study. Relating to Highway
61, staff would also like the Planning Commission to discuss the area planning for 165th Street and
Highway 61. Staff recommends the Planning Commission approves the adoption of their 2023 goals.
Commissioner Derr made a motion, seconded by Commissioner Petty, to approve the 2023 Planning
Commission goals.
All ayes.
Motion Carried.
Adjournment
Commissioner Petty made a motion, seconded by Commissioner Andress, to adjourn the meeting at
8:12 PM.
All ayes. Motion Carried.
Respectfully Submitted,
Joe Hinzman, Administrative Intern
Agenda Number D.1
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Hugo Planning Commission
FROM: Rachel Juba, Community Development Director.
SUBJECT: Bradley Investments, LLC. (Dart Portable Storage) Conditional Use
Permit Amendment for the property located at 16028 Forest Boulevard
North
DATE: February 16, 2023, for the Planning Commission Meeting on February 23,
2023
COMPREHENSIVE PLAN: Industrial
ZONING: Restricted Industrial (RI-1)
REVIEW DEADLINE:
1. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a conditional use permit (CUP) amendment for the
property located at 16028 Forest Boulevard North. The applicant would like to amend the CUP
to include items related to the business operations and the type of exterior storage. The property
is 20 acres and includes a 7,500 square foot office building and three accessory buildings.
2. BACKGROUND:
In the Restricted Industrial zoning district, exterior storage is only allowed with a conditional use
permit. There is an existing CUP for the property for exterior storage. Lametti and Son’s
currently owns the property and they are a sewer and water utility contractor. The existing CUP
allows exterior storage of material and equipment and processing of cured-in-place pipe that was
be done inside of an existing building. The items currently stored outdoors include outdoor
processing of industrial pipes and fittings, sewer and water utility materials, vehicles, and heavy
equipment. A CUP has been approved for the site since prior to 1970 and has been amended over
time for changes to the exterior storage and operation of the business. Most recently the CUP was
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amended in 2007 to make changes to be current the business operations, uses on the site, and
exterior storage.
The applicant has a purchase agreement for the property and the proposed use is a location for
exterior storage of items related to Dart Portable Storage. The business offers portable storage
containers for delivery to a homeowner’s residence, where the unit can be used for storage for a
move, remodel, or project at home. The containers can also be delivered to construction sites or
retail stores looking for extra space during renovations or holiday seasons. The items stored on
the site will be empty and no personal storage shall be on site. The property will be used for
outdoor storage of the following items:
• Semi-trucks (tractor only) 5 to 6
• Storage semi-trailers (trailers only) 50-125
• Storage container pods 50-125
• Office container pods 20-50
• Pod delivery trailers 5-6
• Equipment related to the business
The applicant is proposing to use the property for exterior storage similar to the use conducted
there today. The storage items will be transported to and from the site by semi-trucks. A
conditions in the permit limit the average vehicle trips to 15. This property will not be the
primary location for business operations. The principle business location is in Eagan, and another
secondary location in St. Paul. The site shall not be used for as a motor freight terminal or
distribution center.
Since the existing CUP allowed for exterior storage to not be on a paved surface, the applicant
will be allowed to do the same. If there was a new CUP or the use of the property changed
significantly, the exterior storage would be required to be on a paved surface.
The applicant will use the office and buildings on site and there will be 2 employees on site
initially.
3. CONTEXT:
A. Surrounding Land Use and Zoning
The property to the north is zoned Restricted Industrial (I-1) and consists of a variety of uses
including exterior storage. The property to the east across Highway 61 is zoned General Business
(C-2) and is characterized by vacant land and a landscaping business. The property to the south is
zoned Single Family Detached Residential (R-3) and has been occupied with a development
called Creekview Preserve. The property to the west is zoned Restricted Industrial (I-1) and is
occupied by a land clearing company.
Page 3
3
B. Natural Characteristics of Site
The site is relatively flat land that is not located within the floodplain. There is a wetland on the
southwest corner of the property that is not impacted by the operation.
4. ANALYSIS:
A. Conditional Use Permit
General Standards
The Planning Commission must review the application for a conditional use permit with the
standards provided in Section 90-37 in the City Code. Staff used these standards to review the
application and found that the request meets the applicable standards as follows:
1. The proposed use is permissible by law.
The exterior storage may only be permitted in the Restricted Industrial district by a CUP, but is
otherwise permitted by law.
2. The proposed use is keeping with the spirit and intent of the ordinance.
The use is allowed in the Restricted Industrial district and will keep with the spirit and intent of
the ordinance, which is intended to provide a location for office, storage, and limited
manufacturing facilities that do not require municipal water or sanitary sewer services. Outdoor
storage as a principal use is allowed with a CUP.
3. The proposed use is compatible with the City’s Comprehensive Plan, and the character of
the surrounding area.
The use is consistent with the character of this Restricted Industrial zoning classification. The
City’s Comprehensive Plan identifies this area as Industrial.
4. The proposed use has adequate drainage, water supply, electrical, gas, and sewage
treatment facilities.
Staff does not foresee any problems with utilities or drainage.
5. The proposed use has adequate road access.
The use has adequate access onto Highway 61. MnDOT is reviewing the plan and any
improvements required by MnDOT shall be constructed.
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4
6. Technical Evaluation of Floodplain.
The use is not located within the floodplain.
7. The proposed use should not increase the potential for flood damage.
The use is existing and does not obstruct the floodplain or increase the potential for flooding.
8. The proposed use will not damage or reduce the benefits the public receives from public
waters.
The use does not damage or reduce the benefits from any public waters.
9. The use of watercraft on public waters.
The use does not involve the use of watercraft.
10. All structures shall be screened from view of public waters.
The use is screened and is not visible from any public waters.
11. Wetland impacts.
The use does not impact any wetlands.
12. All state and local permits shall be acquired for the conditional use.
The applicant will be responsible for obtaining all state and local permits.
13. Adequate screening and buffering from non-compatible uses and public rights-of-way.
The exterior storage is adequately screened from adjacent residential uses and public right-of-
ways. The screening consists of 6 foot high cedar fencing, that is in good condition, and
evergreen and deciduous trees placed along the fence. Additional screening may be necessary as
operations commence on site. There is a condition that the screening will be reviewed by staff
and additional screening may be required.
5. CONCLUSION/RECOMMENDATION:
Staff finds that the proposal meets all the requirements necessary for the City to approve a
conditional use permit. Staff recommends that the Planning Commission approve the CUP
amendment.
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5
ATTACHMENTS:
1.Location map
2.Resolution
3.Existing Conditional Use Permit
4.Proposed Conditional Use Permit
5.Application Letters and
Attachments
Document Path: S:\Mapping\Site Maps\2023 Site Maps\8,5x11_portraitborder Date Saved: 2/16/20230 400200
Feet¯16028 Forest Blvd N.
Location Map
Hugo, Minnesota
Parcel Boundary selection
Parcel Boundary
Roads
1 in = ~500 feet
RESOLUTION 2023-____
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR BRADLEY
INVESTMENTS, LLC, FOR EXTERIOR STORAGE IN THE RESTRICTED
INDUSTRIAL ZONING DISTRICT ON PROPERTY LOCATED AT 16028
FOREST BOULEVARD NORTH
WHEREAS, Bradley Investments, LLC, has requested approval of a conditional use
permit amendment to allow exterior storage, on property located at 16028 Forest
Boulevard North legally described as follows:
(See attached Exhibit A)
WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly
called public hearing on February 23, 2023, and recommends approval subject to the
conditions listed in the conditional use permit and the following:
1. Prior to business operations conducted on the site the property owner shall
construct, at its own expense, any improvements required by MnDOT. The
property owner shall obtain any permits required by MnDOT.
2. The applicant shall work with the building department and fire department on
location of exterior storage and fire lane requirements. The site plan shall be
revised, if needed, and reviewed and approved by staff.
3. The applicant shall install, at its own expense, additional screening if upon
inspection the screening is not adequate to screen the views of the exterior
storage.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
conditional use permit to Bradley Investments, LLC, to allow exterior storage on property
located at 16028 Forest Boulevard North.
ADOPTED by the City Council this 6th day of March, 2023
_______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
Resolution 2001- 75
Page 2
CITY OF HUGO
CONDITIONAL USE PERMIT
DATE OF APPROVAL:
ADDRESS FOR WHICH CUP IS GRANTED: 16028 Forest Boulevard North
LEGAL DESCRIPTION: See Attached (Exhibit A)
OWNER:
ZONING DISTRICT: Restricted Industrial (RI-1)
THIS CUP ALLOWS FOR THE FOLLOWING: Exterior storage of semi-trucks
(tractor only), storage semi-trailers (trailers only), storage container pods, office container
pods, pod delivery trailers, and equipment related to the business, all in accordance with
the attached site plan (Exhibit B)
THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO
COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS:
1. Property owners, renters and all users shall comply with all pertinent federal,
state, and local laws and regulations in the development and use of the property.
All permits shall be maintained as required, including, but not limited to,
Industrial Storm Water Discharge Permits and Hazardous Waste Generators
Licenses. New renters or uses shall be reviewed and approved by the Community
Development Director or designee.
2. No significant deviations from the approved site plan shall be permitted without
City Council approval.
3. Fire lanes shall be provided as required by the building and fire department.
4. Vehicle trips shall not exceed an average of 15 per day.
5. The property owner shall construct, at its own expense, any improvements
required by MnDOT. The property owner shall obtain any permits required by
MnDOT.
6. The property shall not be used for a motor freight terminal or distribution center.
7. Exterior storage is limited to the designated area on the site plan. Exterior storage
areas shall not encroach on required yard setbacks; all exterior areas shall be
fenced and screened from view from adjacent properties and public streets.
Exterior storage shall be limited to the following:
• Semi-trucks (tractor only) 5 to 6
• Storage semi-trailers (trailers only) 50-125
• Storage container pods 50-125
• Office container pods 20-50
• Pod delivery trailers 5-6
• Equipment related to the business
8. Exterior lighting shall be arranged to deflect light away from adjoining property
and public streets. Pole-mounted light fixtures may not exceed 25 feet in height,
and light sources mounted on the building shall not exceed the height of the
building.
a) Luminaries shall contain a cutoff that directs and cuts off the light at an
angle of 90 degrees. Cast-light on a public street shall not exceed one (1)
foot candle meter reading at the centerline of the street, nor four tenths
(0.4) foot candles on adjacent property, as measured at the property line.
b) Within one (1) hour of the close of business all exterior lighting, except
security and site identification lighting, shall be shut off.
c) Flashing lights and searchlights are prohibited.
9. All fences shall be maintained in a state of good repair and appearance; fences
shall not be allowed to become a safety hazard or nuisance. All fences shall be
constructed in accordance with Hugo city code Chapter 90, Section 90.227
Fences.
10. Safe and attractive screening shall completely block from view the activities or
uses requiring the screening from all public right –of –way and adjacent
properties. As a minimum, an opaque screen of fence and coniferous trees from
ground level to an elevation at least eight feet above ground level is required.
Where a fence is used to obtain this effect, the outline of the fence, as seen from
adjacent property and public streets, shall be obstructed by vegetation at least once
every eight feet to breakup its outline. The applicant shall install, at its own
expense, additional screening if upon inspection the screening is not adequate to
screen the views of the exterior storage.
11. All noise shall be muffled or otherwise controlled so as not to become
objectionable due to intermittence, duration, beat, frequency, impulse character,
periodic character, or shrillness.
12. There shall be no operation or activity that would cause ground-transmitted
vibrations beyond the property line.
13. Building and structures shall be of similar and harmonious color.
14. Structures and activities on the site regarding sewage disposal shall only be
allowed to the extent that they do not exceed three (3) residential equivalencies as
determined by the Metropolitan Council.
15. This permit shall be reviewed every five years from the date of issuance. The
applicant will not be required to apply for a new conditional use permit every
review period.
16. This permit replaces all previous Special or Conditional Use Permits issued for
this site.
Dated: _____________, 20__. ___________________________________
_______________________
_______________________
} SS.
STATE OF MINNESOTA
COUNTY OF ____________
On this ____ day of ___________, 20__, before me, a Notary Public within and
for said County, personally appeared _________________, __________________, to me
known as the person described in and who executed the foregoing instrument, who stated
that they are the owners of the property this permit applies to, and acknowledged that they
executed the same as their free act and deed.
______________________________
Notary Public
______________________________
Tom Weidt, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2022, before me, a Notary
Public, personally appeared Tom Weidt, Mayor of the City of Hugo, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf
of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom
Weidt, mayor, acknowledge said instrument to be the free act and deed of said City of
Hugo.
__________________________________________
Notary Public
This document was drafted by: Hugo City Council
14669 Fitzgerald Ave N
Hugo, MN 55038
This Conditional Use Permit supersedes any Permits previously recorded.
Exhibit A
Exhibit B
FERDINAND F. PETERS, ESQ. LAW FIRM
711 Smith Avenue South
St. Paul, Minnesota 55107
Phone: (651) 647-6250 Fax: (651) 560-7022
jsmigielski@ferdlaw.com
January 3, 2023
Planning Commission
ATTN: Ms. Rachel Juba
Hugo City Hall
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Sent Via U.S. Mail and Email
rjuba@ci.hugo.mn.us.
RE: Amended Conditional Use Permit Application
16028 Forest Boulevard North, Hugo, Minnesota, 55038 (the “Property”)
Property Parcel No.: 08.031.21.43.0001
Bradley Investments / Dart Portable Storage
Dear Ms. Juba:
I am the attorney for Bradley Investments Forest Blvd, LLC (“Bradley Investments”);
Dart Portable Storage, Inc.; and their owner, Brad Oren.
This letter follows Bradley Investments’ initial application for a conditional use permit
(“CUP”) that was submitted to the City of Hugo on November 18, 2022 for the Property
identified above; your “incomplete letter” dated December 5, 2022; and the Zoom meeting
that took place on December 22, 2022 that was attended by me, you and one of your
staff, Brad Oren, and Dan Friedner.
Thank you for meeting with us and discussing Bradley Investments’ proposed use of the
Property. As we discussed during our meeting, this letter constitutes an amendment to
Bradley Investments’ CUP application.
I. Bradley Investments Hereby Amends its CUP Application to Request an
Amendment to the Current CUP at the Property.
The current conditional use permit at the Property was approved on January 7, 2007 and
allows for the following uses at the Property, subject to the conditions stated in the permit:
Exterior and Interior storage of materials and equipment and
processing of cured-in place pipe all in accordance with the site plan
dated July 2, 2002.
The current conditional use permit that allows for this use was recorded at the Office of
the Washington County Recorder on March 1, 2007 as document number 3632752.
Amendment to CUP Application for 16028 Forest Blvd. N. (Bradley Investments)
January 3, 2023
Page 2
Bradley Investments requests that the above-stated permitted use in the existing
conditional use permit be amended to allow for outside storage of the items identified in
Bradley Investments’ original CUP application, and as further described below.
II. Bradley Investments Hereby Amends the Proposed Uses of the Property
in its CUP Application to Outside Storage, Only.
Bradley Investments proposes to use the Property in a manner that is exactly the same
or consistent with the existing use of the Property—exterior or outside storage.
More specifically, Bradley Investments intends to allow its affiliate, Dart Portable Storage,
to use the Property for outside storage and parking of the following items, which are
collectively referred to in this letter as the “DPS Equipment”:
• Container Pods (including office pods)
• Semi-Trucks
• Trucks
• Tractors
• Trailers
• Other types of heavy equipment.
The primary use of the Property will be outside storage and parking of the DPS
Equipment in a manner that is consistent with the current use of the Property for outside
storage under the exiting CUP. Only the type of material being stored will change.
Currently, the existing CUP allows for outside storage of cured-in place pipe, exterior
processing of cured-in place pipe, and the outside storage of materials and equipment.
Instead of storing cured-in place pipe at the Property, Bradley Investments will store
container pods and the other DPS Equipment (exterior or outside storage as a principal
or accessory use as permitted by Sec. 90-105, Subpart D, No. 12).
Bradley Investments hereby withdraws its requests for additional proposed uses of the
Property as outlined in its original CUP application dated November 18th, and instead
will only request an amendment of the existing CUP to change the type of material
being stored at the exterior of the Property. But everything else permitted under the
existing CUP would remain the same, and therefore, per our conversation at the
December 22nd meeting, no variance will be required.
With regard to the organization of material on the Property, Bradley Investments has
attached to this letter as Exhibit D a site plan describing where Bradley Investments
intends to store the DPS Equipment.
Amendment to CUP Application for 16028 Forest Blvd. N. (Bradley Investments)
January 3, 2023
Page 3
Per our conversation at the December 22nd Zoom meeting, please let me know if there
is additional guidance that you would like us to follow with regard to the site plan for the
location of the proposed storage at the Property.
Additionally, as we discussed at the meeting, the boundary survey and site plan being
submitted with this letter will be sufficient for this current CUP request, and no separate
topographic survey will be required. The boundary survey was completed on December
16, 2022 by Shawn M Kupcho, Land Surveyor, of WiDSETH. An un-altered copy of the
survey is attached as Exhibit E, and it does contain some information about the
elevations and topography of the Property.
The industrial materials currently being stored at the Property are stored outside on
grass, dirt, and gravel; and Bradley Investment intends to continue use of the Property
for storage in the same manner.
III. Daily / Weekly Volume of Activity at the Property
The Property is intended to serve as a hub for DPS’s activities in the northern Twin
Cities metro area. DPS owns two other yards in the Twin Cities metro area, including
its current headquarters located in Eagan, where it stores container pods, semi-trucks,
and other DPS Equipment. Those two other yards in Eagan and St. Paul will continue
to serve the majority of DPS’s activities throughout the metro area.
Based on its total activity throughout the Twin Cities metro area, Bradley Investments
anticipates that the Property will see an average of 20 to 30 deliveries per week of
container pods and other DPS Equipment, and an average of 10 to 25 pickups per week.
Deliveries and pick-ups are sometimes accomplished on the same trip, which reduces
the total trips to and from the Property. These numbers are averages based on DPS
current activities in the northern metro area, and the actual activity at the Property will
vary by season, based on market needs, and as a result of other factors.
The majority of DPS employees are stationed in Eagan, although there may be one or
two employees stationed at the Property on a part-time basis. Based on the projected
average deliveries and pick-ups to the Property, the total number of drivers and
employees coming to and from the Property is estimated to be between 5 and 15 per
day.
IV. Conclusion
In summary, Bradley Investments Forest Blvd., LLC seeks an amendment to the current
CUP to allow exterior storage in a manner that fits with the current, existing use of the
Property under the current CUP (a copy of which was attached to the November 18th
CUP application). Upon completing its purchase of the Property, Bradley Investments
FERDINAND F. PETERS, ESQ. LAW FIRM
711 Smith Avenue South
St. Paul, Minnesota 55107
Phone: (651) 647-6250 Fax: (651) 560-7022
jsmigielski@ferdlaw.com
February 14, 2023
Planning Commission
ATTN: Ms. Rachel Juba
Hugo City Hall
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Sent Via U.S. Mail and Email
rjuba@ci.hugo.mn.us.
RE: Conditional Use Permit Amendment Application
16028 Forest Boulevard North, Hugo, Minnesota, 55038 (the “Property”)
Property Parcel No.: 08.031.21.43.0001
Bradley Investments / Dart Portable Storage
Dear Ms. Juba:
This letter is in response to your invitation, in your letter dated January 25, 2023, to
submit optional information to supplement the above-referenced CUP amendment
application. Specifically, you requested:
• Exterior storage site plan identifying emergency service lanes and vehicle
circulation/turning movements.
• Description of type and amount of exterior storage proposed on site.
• Proposed height of exterior storage and screening methods.
Attached as EXHIBIT F, please find an exterior storage site plan, with twenty-foot-wide
emergency service lanes (access lanes) indicated in black.
All of the proposed exterior storage is related to semi-trucks, semi-trailers, storage
container pods, and other similar equipment. Here is a description of the type and
amount of exterior storage proposed on site, with the numbers provided being an
estimated average, as the numbers will naturally fluctuate according to market demand
for the use of the equipment:
▪ Semi-Trucks (tractor only): 5 to 6
▪ Semi-Trailers (trailer only): 50 to 125
▪ Storage container pods: 50 to 125
▪ Office container pods: 20 to 50
▪ Pod delivery trailers: 5 to 6
The maximum height of the proposed storage is expected to be thirteen -and-a-half (13
& ½) feet, which is the standard height of a semi-trailer, although most of the storage
materials (the pods) are shorter than that, at a maximum of nine -and-a-half (9 & ½) feet.
EXHIBIT F
Site Plan with Access Lanes
GAS
GASGASGASGASGASGASGASGAS
AC
N89°22'43"E 729.18
S00°44'52"W 1611.54S88°46'09"W 412.02
OHE
OHE
OHE
OHE
OHE
UGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGE UGEUGEUGEUGEUGE
UGEUGEUGE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
GAS
GA
SGASGAS GASGASGASGASGASGASGAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS
GAS
GAS
GAS
GAS
GAS
GAS
T
T
EEE
ST
S
S
WS
E
G
W FOREST BOULEVARD N. (U.S. HWY NO. 61)LS
927
92
8
92893193293
1 932931932931930930931932933932931
9
3
1
930
931
931931930
930
930
930
931931
931932933933932933933933932931931932932932933931932930931932933933926
920
92
1
925923
92092
3
924
925
930
929
928
92
7
92
6925 9329309299329329319
3
0
930
926 927
931
9329349
33
932931
933
ACEE
G6 2
11
4
9
2
7
926 9299309319
3
2
928
929
930
93
0
92
9
931931931932933 932
932
932 N11°51'41"E 1645.60HARDWOOD CREEK TRAIL931
929930931932933933
932
931932933928
9289319309
3
2 932931933932932933933933930
931931932928 932EXCEPTION
ALTA/NSPS LAND TITLE SURVEY
FILE NUMBER:
CHECKED BY:
DATE:
SCALE:
DRAWN BY:
DATE AMENDMENTS BY
0
SCALE ( IN FEET )
50 100NORTHReferencing Policy 668779, dated October 11, 2022, by First American Title Insurance Company, has provided us, the following comments on
exceptions, easements etc., that the property is subject to in Schedule B part II thereof using the same annotation system as in said Schedule B
Part II.
1-2. Not related to the survey.
3.Any encroachment, encumbrance, violation, vacation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the land.
All possible encroachments are as shown on the survey.
4.Easements or claims of easements, which are not shown by the public records.
No easements or claims of easements were provided to the surveyor.
5-12.Not related to the survey.
13.Declaration for Maintenance of Stormwater Facilities dated August 8, 2002, filed August 9, 2002 as Document No. 3256628.
No specific easement description for the infiltration area, ridge, and 6" berms at the edge of the wetlands were provided in this document
This document is not shown on the survey.
PROPERTY DESCRIPTION: (per First American Title Insurance Company, Title Commitment No. 668779, dated October 11, 2022)
All that part of the Southeast Quarter (SE 1/4) of Section 8, Township 31, Range 21 West, Washington County, Minnesota, lying West of the
right-of-way of the Northern Pacific Railway Co., except: Beginning at the Northwest corner of the Southeast Quarter of Section 8; thence South 1
degree 09 minutes 51 seconds West, assumed bearing along the West line of said Southeast Quarter, a distance of 1045 feet; thence North 89
degrees 47 minutes 42 seconds East, a distance of 728.76 feet to the Westerly right-of-way line of the Burlington Northern Railroad; thence
North 12 degrees 15 minutes 39 seconds East, along said railroad right-of-way line, a distance of 1069.92 feet to the North line of the Southeast
Quarter of Section 8; thence South 89 degrees 47 minutes 42 seconds West, a distance of 934.75 feet to the point of beginning.
SITE
SURVEYOR'S TABLE A NOTES:
1.Monuments have been placed at all major corners of the boundary of the property or referenced by existing monuments.
2.The property address is: 16028 Forest Blvd N., Hugo, MN 55038
3.The property lies within Zone X, areas determined to be outside the 0.2% annual chance floodplain per FIRM Map No.
27163C0136E effective date February 3, 2010.
4.The gross area of the subject property shown is 21.06 Acres or 917,585 Square Feet.
5.Contours and elevations shown was obtained during the ground survey.
Local Benchmark: MnDOT Geodetic Monument "1400 M" Elev=932.39 NAVD88
6b.No zoning report or letter was provided by the insurer. Building setback lines are not shown on the survey.
7a. Exterior Dimensions of the buildings on the subject property are shown on the survey.
7b1.Square footage of the exterior footprint of all buildings are shown on the survey.
8.Substantial features observed in the process of conducting the survey are shown on the survey.
9.There are 23 regular parking stalls and 1 disabled parking space on site.
10.There are no known party walls with respect to adjoining properties.
11.Underground utilities are per:
a.)Observed evidence and as located for us by Gopher State One Call, Ticket No. 223121245, dated 11/08/2022.
A Gopher State One Call (GSOC) request was placed on 11/08/2022 for utility locates on site. The underground utility locations,
shown hereon, if any, are approximate and are based upon locates from those utility providers that actually performed a locate as
result of this request. The surveyor has not physically located the underground utilities. Pursuant to MS 216.D contact Gopher
State One Call at (651-454-0002) prior to any excavating.
b.)A private utility locate was placed on 11/14/2022 by Hance Locating and Services, Inc. The locations of the utilities are marked on
a best effort and the surveyor has not physically located the utilities. Contact Hance Locating Services at (612) 363-6233 prior to
any excavation.
12.No Government Agency survey-related requirements were received from the client.
13.Names of adjoining property owners are as shown on the survey.
15.An aerial image has been overlaid as shown on the survey.
a.) The dataset contains leaf-off, 4-band (red, green, blue, near-infrared (RGBI) digital orthophoto imagery.
b.) The source is from the Minnesota Geospatial Information Office (MnGeo), Image acquisition dates: April 4, 5, 10, 2020, at 1-ft.
resolution and using 4-band (red, green, blue, near-infrared (RGBI)) using 268 digital orthophoto quadrangle (DOQQ) tiles were
produced at 30-cm(1-foot) resolution with a horizontal accuracy of 30.9 cm (1.01 foot) using 58 control points and 255
independent survey control points yielding an RMSE of 42.97-cm (1.41 feet). Imagery was captured in a north-south direction
at an altitude of 12,300 feet above mean terrain, at a sidelap of 30% and 40% within a developed area and 60% over the
downtown areas of Minneapolis and Saint Paul.
17.There are no known proposed changes in street right of way lines and no evidence of any sidewalk construction or repairs
18.No plottable offsite (i.e., appurtenant) easements disclosed in documents was provided to or obtained by the surveyor.
LEGEND
STORM SEWER
RIGHT OF WAY LINE
CENTER LINE
DEED LINE
GATE POST
WET LAND EDGE
UGE
GAS
OHE
TREE CONIFER
GUY ANCHOR
AC UNIT
HANDICAP SYMBOL
SIGN SINGLE POST
TREE DECIDUOUS
STORM MANHOLE
WATER WELL
ELEC METER
ELECTRIC MANHOLE
ELEC PEDESTAL
ELEC TRANSFORMER BOX
ELEC POLE
GAS METER
OVERHEAD ELECTRIC
FENCE WOOD
FENCE CHAIN LINKAC
SS SS
WS WS
ST
W
E
E
G
BUILDING WALL HATCH
BITUMINOUS SURFACE
CONCRETE SURFACE
STORM CATCH BASIN
LIFT STATIONLS
E
SANITARY SEWER SERVICE
(FIELD LOCATED)
UNDERGROUND ELECTRIC
(FIELD LOCATED)
UNDERGROUND GAS
(FIELD LOCATED)
WATERMAIN SERVICE
(FIELD LOCATED)
STAMPED CONCRETE SURFACE
ALTA/NSPS SURVEYORS CERTIFICATION:
To Bradley Investments Forest Blvd LLC, a Minnesota limited liability company and First American Title Insurance Company:
This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail
Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS and includes Items 1, 2, 3, 4, 5, 6(b),
7(a), 7(b)(1), 8, 9, 10, 11(a), 11(b),12, 13, 15, 17, and 18 of Table A thereof.
The field work was completed on December 15, 2022.
Date of plat or map: December 16, 2022.
_________________________________________
Shawn M. Kupcho Land Surveyor
State of Minnesota License No. 49021
5368 266th Street
Wyoming, MN 55092.
P.O. Box 730
Phone: (651) 464-3130
shawn.kupcho@widseth.com NORTHSURVEY NOTES:
1.The orientation of this survey is based on the Washington County Coordinate System NAD 83 (1986 Adj).
2.Due to snow cover present at the time of this survey, some improvements and utilities may not have been located.
DENOTES A WASHINGTON
COUNTY MONUMENT
DENOTES A FOUND 1/2" IRON PIPE
MONUMENT W/CAP NO. 6617
UNLESS NOTED OTHERWISE
ELECTRICAL OUTLET
GRAVEL/DIRT SURFACE
December 16, 2022
AS SHOWN
JMM
SMK
2022-11842
MAILBOX
EDGE OF WOODS
STORM INLET
SANITARY CLEANOUT
BOUNDARY LINE
SECTION LINE
QUARTER LINE
Delivery Trailers
53’ Trailers
Construction
Office Pods
Pods/Containers
Future Expansion/
Rentals/Storage
KEY:
Trucks
Fire Lanes -
All 20’ Wide
or Greater
EXHIBIT G
Pictures of Types of Storage