0B Regular 1B PLANNING COMMISSION Meeting Agenda 5200 85TH AVENUE NORTH BROOKLYN PARK MN 55443 PHONE (763) 424-8000 FAX (763) 493-8391 Wednesday, December 09, 2015-7:00 P.M. City Council Chambers If due to a disability, you need auxiliary aids or services during a Public Hearing Meeting, please provide the City with 48 hours notice by calling 493-8012 1. CALL TO ORDER 2. SWEARING IN OF NEW MEMBER MICHAEL KISCH 3. ROLL CALL/PLEDGE OF ALLEGIANCE 4. EXPLANATION BY CHAIR Please be advised that the public hearings are recorded and televised live on cable and web streamed over the internet. The audio system will not pick up comments from the seating area. If you want to be heard and made a part of the public record, please go to the podium, speak into the microphone, stating your full name and address. Please sign the public hearing log book on the table near the entrance to ensure accuracy of name and address in the public record. Please note that the agenda for tonight's meeting indicates that the Commission Chair has the prerogative to invoke a time limit for speakers during any public hearing in the interest of maintaining focus and the effective use of time. Thank you in advance for your cooperation. 5. APPROVAL OF AGENDA 6. CONSENT AGENDA A. Cancel the Public Hearing - NorthPark Business Center Buildings 1 and 2 (Scannell Properties) Site Plan Review #15-124 for two speculative flex office/warehouse buildings totaling 390,000 square feet at the northeast of Highway 169 and the Rush Creek Regional Trail corridor 7. PUBLIC HEARING A. Thang Le Quang- Case# 15-132 Variance for fence height in the front yard Location: 9301 66 th Place N Staff Report: Cindy Sherman
8. DISCUSSION ITEMS A. None 9. OTHER BUSINESS A. Approval of Minutes- November 10, 2015 minutes 10. INFORMATION ITEMS A. LRT Community Update B. Commission Comments 11. ADJOURNMENT
City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6A Meeting Date: December 9, 2015 Originating Agenda Section: Consent Department: Community Development Resolution: N/A Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 0 Presented By: Cindy Sherman, Planning Director NorthPark Business Center Buildings 1 and 2 (Scannell Properties) WITHDRAWAL of Site Plan Review #15-124 for two speculative flex office/warehouse buildings totaling 390,000 square feet northeast of Highway 169 and the Rush Creek Regional Trail Item: corridor. Proposed Action: MOTION SECOND TO CANCEL THE PUBLIC HEARING FOR SITE PLAN REVIEW #15-124. Overview: The property owner requested that the application be withdrawn so that they can take more time to refine the building plans based on a potential user. Since the public hearing notice was published in the Sun Post Newspaper and mailed to neighbors, a cancellation of the public hearing is required. In the event the applicant submits an application, the neighbors and newspaper will be notified again. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: None. I:\PLANNING\PLANNING CASES\2015\15-124 (NorthPark Business Center - Buildings 1 and 2)\15-124 PC 2015-12-09 Withdrawal.docx
City of Brooklyn Park Planning Commission Staff Report Agenda Item: 7A Meeting Date: December 9, 2015 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: N/A Prepared By: Cindy Sherman, Planning Director Attachments: 5 Presented By: Cindy Sherman Thang Le Quang- Case# 15-132 Variance for fence height in the front yard at 9301 66th Item: Place N Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF THE VARIANCE TO EXCEED THE FENCE HEIGHT IN THE FRONT YARD SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff is recommending approval of the Variance, subject to conditions outlined in the draft resolution. Overview: Mr. Quang has submitted an application for variance. The request is being made to allow a fence that is 54 tall in the front yard and the code allows 42. The fence came to the City s attention due to a complaint about the clear view triangle at the corner. Upon inspection it was determined that the fence did not meet the setback requirements or the height requirements of the code. The applicant purchased the fence and thought the fence met the code for height requirement, not realizing the code is different in the front yard vs. the rear yard. The front yard fence is decorative and ties into the rear yard fence which is chain link. The applicant is requesting that he be allowed to keep the fence material and allow the fence on the property line. He will move the fence to the property line which is 14 feet behind the curb. Currently, the fence is 10 feet behind the curb which is in the right-of-way. The fence would be permitted if it were setback 15 feet from the property line, however this would place it about 15 feet from the house which makes the front yard virtually unusable. Variance Findings The purpose of a variance is to provide for flexibility from zoning code requirements and a variance may be granted when the applicant establishes that there are practical difficulties in complying with the requirements. The following five standards are used to determine if practical difficulties exist that support the granting of a variance.
7A Page 2 (1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. (2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. (3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located. (4) Economic considerations alone do not constitute practical difficulties. (5) There is inadequate access to direct sunlight for a solar energy system. The style of the fence is decorative and the use in the front yard is reasonable. The property is on a corner and the traffic warrants a fence in order for children to play in the front yard, which is the desire of the owner. In order to meet the code the front yard would only be 15 feet deep which is basically unusable. The property owner has done a great deal to clean up the property and his intentions were good when installing the fence. Staff supports the granting of the variance because the fence location and height is reasonable in a single family neighborhood on a corner lot. Primary Issues/Alternatives to Consider: 1. Approve the Variance as presented. 2. Approve the Variance with modifications. 3. Deny the Variance based on certain findings. Budgetary/Fiscal Issues: None Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. PHOTOS E. CORRESPONDENCE
7A RESOLUTION Page 3 RESOLUTION #2016- VARIANCE TO EXCEED THE HEIGHT OF FENCE IN THE FRONT YARD AT 9301 66 TH PLACE NORTH Planning Commission File #15-132 WHEREAS, Thang Le Quang has applied for a Variance to exceed the height allowed for a fence in the front yard at 9301 66th Place N and legally described as: Lot 1, Block 1, Bass Creek Estates 2 nd Addition, Hennepin County, Minnesota. WHEREAS, the matter has been referred to the Planning Commission who have given their advice and recommendation to the City Council; and WHEREAS, the effect of the proposed use upon the health, safety and welfare of surrounding lands, existing and anticipated traffic conditions and its effect on property values in the neighborhood have been considered; and WHEREAS, Practical Difficulties used in connection with the granting of a variance, means: (1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. (2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. (3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located. (4) Economic considerations alone do not constitute practical difficulties. (5) There is inadequate access to direct sunlight for a solar energy system. WHEREAS, allowing the variance will not be out of character with the neighborhood and fence is decorative and a reasonable use on a single family lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that the Variance for the height of the fence in the front yard be granted, subject to the following conditions: 1. The fence must be moved by June 15, 2016 to the front property line. 2. The clear view triangle shall be maintained at the corner 3. This resolution must be recorded with the Hennepin County Taxpayer Services Department (County Recorder). This approval will expire on December 31, 2016, unless all of the conditions have been met.
7A LOCATION MAP Page 4
7A PLANNING AND ZONING INFORMATION Page 5 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Conforms to: Land Use Plan Zoning Code Variance Needed Notification Distance L Low Density Residential R3 - Detached Single Family Residential District North: R3 Detached Single-Family Residential District East: R3 Detached Single-Family Residential District South: R3 Detached Single-Family Residential District West: R3 Detached Single-Family Residential District Bass Creek Yes No Yes, to exceed maximum height for fence in the front yard 100 feet
7A PHOTOS Page 6 Photo shows the height of the rear fence and front fence matching. Photo shows the distance of the fence from the house. The fence will be moved about 4 feet closer to the house.
7A Page 7
7A CORRESPONDENCE PAGE 8
DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING November 10, 2015 Unapproved Minutes 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners West-Hafner, Hanson, Fletcher, Cupka, Jacobson, Morton-Spears, and Stuewe; Planning Director Sherman; and Mayor Lunde Those not present: Commissioner Schmidt 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION HANSON, SECOND CUPKA TO APPROVE THE NOVEMBER 11, 2015 AGENDA. 5. CONSENT A. Continue to December 09, 2015 meeting- NorthPark Business Center Buildings 1 and 2 (Scannell Properties) Site Plan Review #15-124 for two speculative flex office/warehouse buildings totaling 390,000 square feet at the northeast of Highway 169 and the Rush Creek Regional Trail corridor MOTION HANSON, SECOND JACOBSON TO APPROVE THE CONSENT AGENDA AS PRESENTED MOTION CARRIED UNANIMOUSLY 6. PUBLIC HEARING A. Brunswick Zone- Case# 15-128 Amendment to Conditional Use Permit for modifications to exterior elevations, painting, and signage at 7545 Brooklyn Boulevard Planning Director Sherman stated that this project was one of the first significant projects in the Village Creek Redevelopment area. It replaced the bowling alley that was torn down on the south side of Shingle Creek. She City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 1 of 7
stated that one of the struggles the business has had is that the building looks a little more like a warehouse than a bowling alley so they are trying to do some things to make it more visible from an attraction perspective. Staff really worked with the applicant on the plan over the last few months. It was originally planned that it would have more red than the new plan has and staff is recommending even more gray be added to the current plan. One of the conditions of the request involves changing out the landscaping which has died with new landscaping. Chair West-Hafner opened the public hearing. Seeing no one approach the podium, she closed the public hearing. Commissioner Hanson asked if the sides of the building would still say bowling once they were changed to gray. Planning Director Sherman stated yes. Commissioner Jacobson stated that, as someone who takes her kids there, she appreciates that the needed updates inside would be happening. She stated that she is happy that the landscaping would be taken care of also but that she hoped that, if the landscaping died in the future, it would be taken care of right way instead of waiting for something like this to get it done. She stated that she is not a big fan of the red and that she thinks a business can do a better job of marketing instead of painting themselves to look like exactly what is happening behind their doors. Commissioner Cupka asked staff if this much signage would require a Variance. Planning Director Sherman stated that the chevrons and the starbursts would not be considered signage but certainly the word bowling would. Ten percent of the wall area is allowed for signage and they are allowed to have three wall signs facing each parking area and a public street. Commissioner Hanson stated that she lives in this area and goes by this business a lot. She stated that she understands why they would want better signage on the front of the building, with the bowling and the chevrons pointing towards the main entrance but for her the striping and the bold lettering on the sides are not facing major roadways and are not necessary. She stated that she could probably go for this plan if all of this was just on the front of the building with the red and the striping on the sides. She stated that she does not feel they need the word bowling or the chevrons and starbursts on the sides of the building. Commissioner Stuewe stated that she had seen other Brunswick Zones and asked if this is a change they want for all of their buildings or just for this one. Julio Pitre, 5116 Humboldt Avenue North, and a representative for Brunswick Zone, stated that this is something they are doing throughout the nation because most of their bowling centers are kind of dying as a sport and they are trying to re-vitalize the buildings and make them as vibrant as possible. He stated that actually the word bowling would only be on the front of the building, even though the plan shown indicates otherwise. He stated that they are currently working with Eden Prairie and Blaine on their locations also. The updates to the Blaine building are underway and they are just now getting the striping and everything done but they actually went with the red. City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 2 of 7
Commissioner West-Hafner asked if the starbursts would still be there on the gray and Mr. Petri stated that they would have been. She asked the purpose of the chevrons on the sides of the building and if they were necessary. Mr. Petri stated they are to direct people to the front of the building and they feel they are necessary. He stated that they have closed the door on that side of the building for the Brooklyn Park Police to make sure that there is only one way in and out of the building for community safety. Commissioner West-Hafner stated that when she first saw these plans she was not a fan either and that it was kind of shocking at first. She stated that if the sides will be gray in the middle it helps tone it down and the red is not so striking. She stated that if the red helps to gets people in the door that is the important part. MOTION FLETCHER SECOND STUEWE TO RECOMMEND APPROVAL OF AMENDMENT TO CONDITIONAL USE PERMIT 15-128 FOR EXTERIOR IMPROVEMENTS AT 7545 BROOKLYN BOULEVARD SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED: FIVE YEA, TWO NAY Chair West-Hafner stated that this application will be considered by the City Council on November 23, 2015. Planning Director Sherman asked that item D be moved up since the representatives for Cub Foods are not in attendance. D. CQ Brooklyn Park Land LLC/Capstone Quadrangle Development- Case# 15-100 Development Plan Amendment for signs and parking lot design at 9301 Winnetka Ave N Planning Director Sherman stated that this application is for Design Ready Controls (DRC) which is a new development that is currently under construction. A condition of approval with the original application was related to access to the site. The applicant is still working on approval from the County to allow access off of 93 rd Avenue but has not yet been successful. All access comes off of Winnetka Avenue with a shared driveway that runs along the northerly property line. The request is to add a second monument sign to the site so they can have adequate directional signage at the main driveway which will serve up to three users. DRC is also requesting to design and stripe the parking lot so that more compact spaces are closer to the front door. DRC is very environmentally aware so they have done a lot of improvements to the building itself that are sustainable and have positive environmental effects. They feel strongly that honoring the compact stall provides another level of support for the environment. City ordinance does allow for compact parking stalls, but it calls for them to be in the most under-utilized part of the parking lot and the furthest away spaces. Ms. Sherman stated that the essence of the request is for the applicant to change their Planned Development Overlay to allow for two monument signs and redesign the parking lot. Mike Faber, representing the applicant for this project, approached the podium. He stated that the only thing he would like to emphasize is that they feel pretty strongly that the monument signage needs to identify this business park like the entrance to a corporate headquarters. It will be the only public access to the entire site off of Winnetka Avenue and they want it to feel like the quality of a corporate headquarters. This will be the corporate headquarters for Design Ready Controls and the rest of the site will either have one or two buildings. This signage is the only way the other businesses on the site will have an identity for public access. City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 3 of 7
Chair West-Hafner opened the public hearing. Seeing no one approach the podium, she closed the public hearing. Commissioner Cupka stated that he cannot tell where the signs are going. Planning Director Sherman showed a map indicating where they will be located. Commissioner Fletcher stated that he thinks the sign request is reasonable and he is more concerned with the parking stall request. He asked staff if this is zoned Business Park as opposed to Planned Unit Development. Planning Director Sherman stated that the site has a Planned Development Overlay, which is basically the same thing. Commissioner Fletcher stated that they just had conversations about compact parking stalls with HyVee at the July Planning Commission meeting and the Planning Commission denied that. He stated that he thinks to show favoritism in this instance sets a precedence that it is going to be difficult to come back from. Planning Director Sherman stated that staff talked a lot about this and feels that this is different because this is a single user building and is not open to the public as a retail use. Commissioner Hanson asked why they want to stripe it differently instead of just putting up a sign that says compact parking only. Mr. Faber stated that with the quantity of compact spaces that the applicant wants, they felt that putting up signs would be more visible clutter and would not look attractive. He stated that most of these spaces would be for employees. He stated that going from regular sized to compact sized parking spaces only adds about twelve spaces and they meet the parking requirements without any compact spaces. Commissioner Hanson asked how people entering the lot will know that these spaces are for compact cars only and how visitors will know where to park. Mr. Faber stated that there is no designated visitor parking and that visitors can park any place they choose. Commissioner Stuewe asked if the applicant is seeking LEED certification. Mr. Faber stated that the applicant has chosen not to seek LEED certification although they wanted to pursue achieving the same goals. He stated that they just do not see the value of having the plaque on the wall. He stated that they have spent an enormous amount of money on energy saving aspects including fabulous insulation and LED lights everywhere. They are talking about doing solar panels on the roof in the next year or two and have provided the electrical connections to add it. All of the landscaping is native species so they will not require a sprinkler system which will save water. MOTION JACOBSON, SECOND WEST-HAFNER TO RECOMMEND APPROVAL OF AN AMENDED DEVELOPMENT PLAN FOR A SECOND MONUMENT SIGN AND PARKING LOT STRIPING TO ENCOURAGE THE USE OF COMPACT City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 4 of 7
CARS AT DESIGN READY CONTROLS LOCATED ON THE NORTHEAST CORNER OF 93 RD AVENUE AND HIGHWAY 169 SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair West-Hafner stated that this application will be considered by the City Council on November 23, 2015. B. Cub Foods- Case# 15-130 Amendment to Conditional Use Permit for outside storage at 9655 Colorado Ln N Planning Director Sherman stated that the applicant has a Conditional Use Permit on the site because they included a garden center in their original Site Plan. What they found is they would really like to have some display area in the front of the store now that all of the carts are stored inside and they do not use the space for anything else. They did have flowers and other items outside but Code Enforcement told them that they needed to come into compliance with the ordinance, which is why they are applying for an Amended Conditional Use Permit at both of their locations. They would be allowed to have items outside to the right of the front doors and on occasion outside of their garden center area. There are conditions about maintaining a six foot walkway and meeting all standards for accessibility. They will also need to meet any health department code standards and record the resolution. Staff is recommending approval of this application. Chair West-Hafner opened the public hearing. Seeing no one approach the podium, she closed the public hearing. MOTION HANSON SECOND JACOBSON TO RECOMMEND APPROVAL OF AMENDMENT TO CONDITIONAL USE PERMIT 04-164 ALLOWING OUTDOOR SALES AND DISPLAY AT 9655 COLORADO LANE N SUBJECT TO THE CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair West-Hafner stated that this application will be considered by the City Council on November 23, 2015. C. Cub Foods- Case# 15-131 Amendment to Conditional Use Permit for outside storage at 7555 West Broadway Ave Planning Director Sherman stated that the applicant is applying for a Conditional Use Permit that would allow them to have items outside under their canopy to the right of the front doors. There are conditions about maintaining a six foot walkway and meeting all standards for accessibility. They will also need to meet any health department code standards and record the resolution. There is also a condition about a wall mounted light that does not meet code that they will need to bring that up to code. Staff is recommending approval of this application. Chair West-Hafner opened the public hearing. Seeing no one approach the podium, she closed the public hearing. City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 5 of 7
MOTION FLETCHER, SECOND HANSON TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT 15-130 TO ALLOW OUTDOOR SALES AND DISPLAY AT 7555 WEST BROADWAY AVENUE SUBJECT TO THE CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair West-Hafner stated that this application will be considered by the City Council on November 23, 2015. 7. DISCUSSION ITEMS Planning Director Sherman reminded the Planning Commissioners that there will not be a work session in November or December. 8. OTHER BUSINESS A. Approval of May 27, June 24 and October 14, 2015 minutes MOTION HANSON, SECOND WEST-HAFNER TO APPROVE THE MINUTES FROM THE MAY 27, 2015 PLANNING COMMISSION MEETING. MOTION CARRIED UNANIMOUSLY MOTION HANSON, SECOND WEST-HAFNER TO APPROVE THE MINUTES FROM THE JUNE 24, 2015 PLANNING COMMISSION MEETING. MOTION CARRIED UNANIMOUSLY MOTION HANSON, SECOND WEST-HAFNER TO APPROVE THE MINUTES FROM THE OCTOBER 14, 2015 PLANNING COMMISSION MEETING. MOTION CARRIED UNANIMOUSLY 9. INFORMATION ITEMS A. LRT Community Update Planning Director Sherman stated that the project is progressing. They are finalizing some figures and numbers and it will be going to the Metropolitan Council in December for their action to move to the next step in the design and development process. Brooklyn Park will be looking for municipal consent to come to our City Council likely in January for our Council to provide municipal consent on the project. Planning Director Sherman stated that a great stationary planning community meeting was held last week with almost one hundred people in attendance. This was the last community input meeting and Urban Design Associates, hired by Hennepin County, will be wrapping up and the final report will be coming out in January. B. Commission Comments- None City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 6 of 7
10. ADJOURNMENT Chair West-Hafner adjourned the meeting at 7:40 p.m. Respectfully submitted, Kathy Valez, Planning Assistant City of Brooklyn Park Planning Commission Meeting Minutes November 10, 2015 Regular Meeting Page 7 of 7