HomeMy WebLinkAboutPC Minutes 02.23.23
Minutes for the Planning Commission Meeting of Thursday, February 23, 2023
Chair Kleissler called the meeting to order at 7:00 pm.
PRESENT: Derr, Granger, Kelly, Kleissler, Lessard, Petty
ABSENT: Andress, Arcand
STAFF: Rachel Juba, Community Development Director
Max Gort, Associate Planner
Pledge of Allegiance.
Approval of Minutes for the Planning Commission Meeting of January 12, 2023
Commissioner Petty made a motion, seconded by Commissioner Derr, to approve the minutes for the
Planning Commission meeting of January 12, 2023.
Ayes: Derr, Granger, Kelly, Kleissler, Lessard, Petty
Abstain: Andress, Arcand
Motion carried.
Public Hearing: Bradley Investments, LLC. c/o Dart Portable Storage, 16028 Forest Boulevard North –
Conditional Use Permit Amendment to allow for exterior storage.
Staff gave background on the request for a Conditional Use Permit (CUP) amendment for property
located at 16028 Forest Boulevard North. The property is generally located north of 159th Street and
south of 165th Street and to the west of Highway 61. The property is zoned Restricted Industrial (RI-1)
which allows for industrial uses that do not require city sewer and water services. The applicant,
Bradley Investments, LLC. has a purchase agreement with the current owner and operator of the
business on-site, Lametti and Sons, Inc. There is an existing CUP on the property for exterior storage
and light manufacturing, allowing for materials such as industrial pipes and fittings, vehicles, and heavy
equipment to be stored on the non-paved surface. Bradley Investments, LLC. is requesting to amend
the existing CUP to allow for specific materials related to the operation of the business Dart Portable
Storage, which includes container pods, semi-trucks, trailers, office container pods, and pod delivery
trailers to be stored on-site in a similar manner to the existing users. Conditions in the amended CUP
are to include a limitation of vehicle trips per day to no more than 15, adequate screening to remain,
and that the site shall not be used as a motor freight terminal or distribution center. Staff finds that the
requirements to amend the existing CUP are met, and recommended that the Planning Commission
approve the request for the CUP amendment.
Commissioner Petty asked whether the storage pods being required to remain empty while on site was
a condition in the amended CUP. Community Development Director Juba said that such condition had
February 23, 2023 PC Minutes
Page 2
not been written in the proposed amended CUP, but the Planning Commission may request that the
condition be added.
The applicants addressed the Planning Commission, represented by Jay Smigielski, attorney with
Ferdinand F. Peters Esq. Law Firm, Brad Oren, owner of Dart Portab le Storage, and Dan Friedner with
Newmark Group. Mr. Oren stated that his interest with this piece of property was to allow for his
business to have several locations across the metro area, rather than relying heavily on the primary
location in Eagan. Mr. Smigielski stated that the amendment was primarily to replace the types of
materials allowed with those of Dart Portable Storage.
Commissioner Petty stated that she’d be concerned with items being stored inside the pods with
customers potentially being able to access them. Smigielski says that the normal business practice is to
leave the containers empty on site. Petty states that her concern would likely be mitigated by the
condition restricting vehicle trips per day.
Commissioner Petty asks how high the containers could be stacked. Oren says that at the St. Paul
location the container height maxes out at double-stacked, and that the same would be likely for the
Hugo location. Smigielski states that the container pods are shorter than typical semi-trailers, and
Friedner states that the container pods will be stored to the west side of the property and away from
Highway 61.
Commissioner Granger asks about future plans for the accessory buildings and whether the fence will
be replaced. Smigielski says that the future of the existing fence is an item of discussion with the seller,
and Oren says that he would want the property to look nice.
Commissioner Derr asks about the business hours and what may be considered peak times. Oren
states that business may occur early in the morning and finish in the evening, and that generally
business will occur Monday through Friday. Derr asks if the facility will be regularly staffed , to which
Smigielski replied that one or two staff members may be present during business hours. Derr Stated a
concern for security with fencing being delineated on only one side of the property, and asks to
confirm the condition that lights be turned off within one hour of business closing.
Commissioner Kelly asks about the space on the site plan noted as space for expansion and rental,
wanting to know what the plans for rental may be. Oren states that another tenant may use the space,
and Friedner says that future use of the property would be discussed with staff to see if changes to the
CUP would need to be made. Juba states that right now under the current owners some space is
rented out to other users, meaning that the possibility of facility rental on site is not unique to this
applicant. Commissioner Petty asks if a future tenant would b e held to the 15-vehicle trips per day
restriction and whether traffic concerns may arise. Juba states that MnDOT will decide whether the
existing access point will generate traffic concerns.
Commissioner Granger asks if further amendments will need to be made with new tenants. Juba states
that if the tenants meet the conditions of the existing CUP at the time, then no, but if the City receives
complaints of non-compliance then they would need to go through the amendment process.
February 23, 2023 PC Minutes
Page 3
Chair Kleissler opened the Public Hearing at 7:32 PM
Representatives of Lametti and Sons commented that they have no comments.
No else one spoke.
Chair Kleissler closed the Public Hearing at 7:33 PM.
Commissioner Lessard stated that he’s familiar with the type of business proposed and that it shouldn’t
be an issue for the city. Commissioner Granger stated that the proposal would be a good fit, and
perhaps an upgrade to the current use.
Commissioner Petty stated that she was comfortable with the proposed amendment as presen ted,
without adding a condition that the container pods remain empty.
Commissioner Petty made a motion, seconded by Commissioner Lessard, to approve the Conditional
Use Permit amendment for property located at 16028 Forest Boulevard North.
All ayes.
Motion carried.
The request will be presented at the City Council meeting on March 20 th, 2023.
New Business: Update on Solar Farm Moratorium
Juba presented background on the moratorium on solar farm development applications approved by
the City Council at its February 6th, 2023 meeting. The Planning Commission identified the City’s solar
farm performance standard as an item to review in 2023. Under the moratorium, applicants cannot
apply for any solar farm project for six months, giving City Staff along with the Planning Commission
and City Council to review the performance standard without pending applications creating
interference. Staff is requesting to conduct a joint workshop with the Planning Commission, City
Council, and outside stakeholders on March 23rd, 2023 in place of a regularly scheduled Planning
Commission meeting.
Commissioner Derr asked if there are current applications in process. Juba says no, but there has been
interest in solar farm development that staff is aware of.
The date of the joint workshop on solar farms is set for Thursday, March 23rd, 2023 but the time is yet
to be determined.
Old Business
None.
February 23, 2023 PC Minutes
Page 4
Adjournment
Commissioner Derr made a motion, seconded by Commissioner Petty, to adjourn the meeting at 7:40
PM.
All ayes. Motion Carried.
Respectfully Submitted,
Max Gort, Associate Planner