Wednesday, October 9, :00 P.M. City Council Chambers

Transcription

1 1B PLANNING 0B Regular COMMISSION Meeting Agenda TH AVENUE NORTH BROOKLYN PARK MN PHONE (763) FAX (763) Wednesday, October 9, :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 CALL TO ORDER 2. ROLL CALL/PLEDGE OF ALLEGIANCE 3. EXPLANATION BY CHAIR Please be advised that the public hearings are recorded and televised live on cable. 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 sign the Public Hearing Log Book. At the podium speak into the microphone, stating your full name and giving your address. 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. 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Continue Preliminary Plat and Rezoning # for development of 95 single family residential lots, four association lots, and park land at Southeast of Oxbow Creek Drive between 105th Trail and Maryland Avenue to the November 13, 2013 Planning Commission meeting. 6. PUBLIC HEARING A. Disabled American Veterans- Conditional Use Permit # for outdoor display and storage (Mills Fleet Farm). Location: 8400 Lakeland Av N Staff Report: Jake Rosenberg B. Freddy s Frozen Custard & Steakburgers- Amendment to Conditional Use Permit # for a Class 1 Restaurant with a drive-thru window Location: 8540 Edinburgh Centre Dr N Staff Report: Jake Rosenberg

2 C. The Lord s Chosen Charismatic Church- Case# Conditional Use Permit for a church. Location: th Av N Staff Report: Todd Larson 7. DISCUSSION ITEMS A. 8. OTHER BUSINESS A. Approval of Minutes- September 11, INFORMATION ITEMS A. City Council Liaison for October 28, 2013 Meeting- Cupka 10. ADJOURNMENT

3 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 5A Meeting Date: October 9, 2013 Originating Planning and Agenda Section: Consent Department: Development Division Resolution: N/A Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 2 Presented By: Todd A. Larson, Senior Planner Oxbow Cove (Landmark Development) - Preliminary Plat and Rezoning # for Item: development of 95 single family residential lots, four association lots, and park land at Southeast of Oxbow Creek Drive between 105 th Trail and Maryland Avenue. Proposed Action: MOTION SECOND TO CONTINUE THE PUBLIC HEARING FOR PRELIMINARY PLAT AND REZONING # FOR OXBOW COVE UNTIL THE NOVEMBER 13, 2013, MEETING. Staff Recommendation: Staff recommends continuing the public hearing for the proposal until the next public hearing date so that a plan that both the developer and adjacent neighborhood feels comfortable with can be developed. Overview: Oxbow Cove is a proposed single-family subdivision in the current northern growth area. The applicant held a neighborhood meeting on October 1 and is requesting a continuance in order to work with the Oxbow Creek West Association and the adjacent property owners more before bringing a plan in front of the Planning Commission. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: A. LOCATION MAP B. LETTER FROM APPLICANT i:\planning\planning cases\2013\ (oxbow cove - landmark development)\ pc docx

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5 LETTER FROM APPLICANT Page 3 From: Sent: To: Cc: Subject: Dean Hanson Wednesday, October 02, :52 AM Todd Larson Fair, Nathan Table our application Todd, Given the nature of the comments from some of the residents of the surrounding neighborhood at last night s meeting, we are asking that the application for the development known as Oxbow Cove be tabled. We will be making some revisions to our plan and will get it back on the agenda for the next available meeting. Thank you. Regards, Dean Hanson President (763) x Office Builder License BC Broker License Hanson Builders, Inc Hanson Blvd NW Andover, MN dhanson@hansonbuilders.com

6 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6A Meeting Date: October 9, 2013 Originating Planning and Agenda Section: Public Hearing Department: Development Division Resolution: X Ordinance: N/A Prepared By: Jake Rosenberg, CD Generalist Attachments: 4 Presented By: Jake Rosenberg, CD Generalist Disabled American Veterans - Conditional Use Permit # for outdoor display and Item: storage at 8400 Lakeland Avenue N. (Mills Fleet Farm) Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR OUTDOOR DISPLAY AND STORAGE AT 8400 LAKELAND AVENUE N. Staff Recommendation: Staff recommends approval of the Conditional Use Permit (CUP) with the conditions outlined in the draft resolution. Overview: The applicant is requesting a CUP to place a donation bin at Mills Fleet Farm. Disabled American Veterans (DAV), a veterans advocacy and assistance non-profit, will use the bin to collect clothing and shoe donations whose proceeds assist disabled veterans. The applicant is proposing to place the bin near the Auto Center entrance at the NW corner of the Fleet Farm building. Section of the Zoning Code requires CUP approval for outdoor sales, display, and storage in the General Business (B3) Zone District. Primary Issues/Alternatives to Consider: 1. Approve the CUP as presented. 2. Approve the CUP with modifications. 3. Deny the CUP based on certain findings. Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. LETTER FROM THE APPLICANT I:\PLANNING\PLANNING CASES\2013\ (DAV Fleet Farm)

7 6A RESOLUTION Page 2 RESOLUTION #2013- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DISPLAY AND STORAGE 8400 LAKELAND AVENUE N. Planning Commission File # WHEREAS, Joshua Vrtacnik of Disabled American Veterans, Department of Minnesota, has made application for a Conditional Use Permit under the provisions of Chapter 152 of the City Code for a property located at 8400 Lakeland Avenue N. and legally described as: Lot 1, Block 1, Mills Addition to Brooklyn Park, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that a Conditional Use Permit be granted for outdoor display and storage, subject to the following conditions: 1. The donation bin and adjacent sidewalk shall not be used for the storage of trash, debris, or other nuisance items as defined elsewhere in the City Code. 2. The donation bin shall be limited to the proposed location and dimensions and shall not obstruct the sidewalk.

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9 6A PLANNING AND ZONING INFORMATION Page 4 Land Use Plan Current Zoning Community Commercial (CC) General Business District (B3) Surrounding Zoning North Business Park District (BP); Luther Collision, Burger King South General Business District (B3); Golf Center East Neighborhood Retail Business District (B2); Farmland West Bottineau Boulevard and Highway 169 Area (total lot) acres Conforms to: Land Use Plan Yes Zoning Code Yes Variances Needed None Location The applicant is proposing to place the donation bin next to the Auto Center entrance of Fleet Farm near the NW corner of the building. The adjacent sidewalk is approximately 12ft wide and can accommodate the proposed donation bin without obstructing the sidewalk. Nuisance Fleet Farm and DAV will need to ensure that if any dumping of junk or overflow items occurs, such items will be removed from the sidewalk immediately. Staff suggests that locating the bin on the sidewalk near the entrance will deter dumping and misuse of the donation bin.

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11 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6B Meeting Date: October 9, 2013 Originating Planning and Agenda Section: Public Hearing Department: Development Division Resolution: X Ordinance: N/A Prepared By: Jake Rosenberg, CD Generalist Attachments: 6 Presented By: Jake Rosenberg, CD Generalist Freddy s Frozen Custard & Steakburgers Amendment to Conditional Use Permit #01- Item: 110 for a Class 1 Restaurant with a drive-thru window at 8540 Edinburgh Centre Drive N Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT # FOR A CLASS 1 RESTAURANT WITH A DRIVE-THRU WINDOW AT 8540 EDINBURGH CENTRE DRIVE N, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Overview: The applicant is proposing to convert the former KFC building at 8540 Edinburgh Centre Drive N into a Freddy s Frozen Custard & Steakburger restaurant. The remodel will include interior and exterior alterations, reconfiguration of the drive-thru aisle and the future reconfiguration of the property to include an outdoor patio area and a one-way drive-thru egress. Primary Issues/Alternatives to Consider: 1. Approve the CUP Amendment as presented. 2. Approve the CUP Amendment with modifications. 3. Deny the CUP Amendment based on certain findings. Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. LETTER FROM APPLICANT E. RESOLUTION # F. PLANS AND ELEVATIONS i:\planning\planning cases\2013\13-130(freddy's Frozen Custard & Steakburgers)

12 RESOLUTION Page 2 RESOLUTION #2013- RESOLUTION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT # FOR A CLASS 1 RESTAURANT WITH DRIVE-THRU WINDOW AT 8540 EDINBURG CENTRE DRIVE N Planning Commission File # WHEREAS, Innercore Restaurant Holdings, LLC, has requested a Conditional Use Permit for Freddy s Frozen Custard & Steakburgers on property legally described as: Lot 2, Block 5, Edinburgh Centre, 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 of property values in the neighborhood have been considered, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK that an Amendment to Conditional Use Permit # for a Class 1 Restaurant with drive-thru window is hereby granted subject to the following conditions: 1. Plans shall be in conformance with those dated September 26, All necessary building and health permits must be obtained by the applicant. 2. All utility and drainage and development plans with specifications must be prepared by a Registered Civil Engineer or Landscape Architect to make this permit effective. These plans shall be approved by a City Engineer prior to issuance of any building permits. 3. That the site shall be kept in a neat and clean condition at all times. No outdoor storage shall be permitted. 4. All previous and applicable conditions as imposed per CUP # shall remain in force. The applicant declares he/she has fully examined this Conditional Use Permit and all exhibits attached hereto, and agrees to all the conditions set forth. This approval will expire one year from the date of City Council approval unless all of the conditions have been met, and valid building permits are in force. In no case shall the property be used for the use in which this permit is approved until all of the conditions have been met by the petitioner and are inspected by the City.

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14 PLANNING AND ZONING INFORMATION Page 4 Land Use Plan Current Zoning Surrounding Zoning Community Commercial (CC) Planned Community Development District (PCDD) North: Planned Community Development District (PCDD) Valvoline Instant Oil Change South: Planned Community Development District (PCDD) Taco Bell West: Planned Community Development District (PCDD) New Horizon Academy East State Highway 252 Site Area 0.87 acres Parking Spaces 37 Conforms to: Land Use Plan Yes Zoning Code Yes Variances Needed None Notification Distance 500 feet Access, Circulation, and Parking The site currently has one vehicular access point at Edinburgh Centre Drive N. The new drive-thru and parking configuration will add 10 parking stalls and maintain the requisite 6 car stacking for the drive-thru. Further reconfiguration seen in the Phase II plan (with the outdoor patio) will require a new, one way vehicular egress along Edinburgh Centre Drive N. In order to accommodate onsite vehicular circulation, wider lane widths will be required between the eastern most parking stall banks. This can be accomplished with designating oneway traffic through this lane or by using approximately 2ft of the parking/drive-thru landscape island to increase the lane width to 25ft. The 24ft lane between the primary parking stall banks exists from the previous approval and may remain a two-way lane. Direction signage will be needed to prevent ingress from the proposed drive-thru lane. Landscaping The existing landscaping is satisfactory for the new use. The owner/occupant will be responsible for maintaining or restoring the exiting landscaping in accordance with CUP # Lighting All new lighting shall conform to the standards outlined in Section and of the Zoning Code. The existing free-standing lighting for the parking lot is in conformance. redeeming PCDD Performance Standards The proposal includes variable roof height, over 50% brick façade, and a variety in building elevations with changes in color and material.

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23 PLANS AND ELEVATIONS Page 12

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25 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6C Meeting Date: October 9, 2013 Originating Planning and Agenda Section: Public Hearing Department: Development Division Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 4 Presented By: Todd A. Larson, Senior Planner The Lords Chosen Charismatic Church - Conditional Use Permit # for a church at Item: th Avenue North, Suite 105. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR A RELIGIOUS INSTITUTION AT TH AVENUE NORTH, SUITE 105, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the conditional use permit with the condition that all necessary building permits are obtained and the work completed before the space can be occupied. Overview: During regular property inspections, it was discovered that a church moved into a tenant space at the Westgate Professional Building (formerly known as the Sandpiper Building). All religious institutions are required to receive site plan review approval before occupying or constructing a facility in the community. In the Village Redevelopment (VR) district, all uses must receive a conditional use permit (CUP) which is similar to a site plan review. The applicant has been working with the Building Inspections Division regarding Building Code compliance and permitting issues. The tenant space must be reduced in area because the building does not have fire sprinklers, a requirement for buildings with assembly spaces of 50 or more occupants. The plans show converting some of the tenant space into storage rooms to satisfy this requirement. The Church meets on Sundays when the building is lightly used. For this user, 20 parking spaces are required. The building s parking lot has 58 spaces and parking is available on 74 th Avenue, if needed. Primary Issues/Alternatives to Consider: 1. Approve the CUP as presented. 2. Approve the CUP with modifications. 3. Deny the CUP based on certain findings.

26 Budgetary/Fiscal Issues: 6C Page 2 None. The Church is a tenant of a multi-tenant building; therefore the property will remain taxable. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. PLANS i:\planning\planning cases\2013\ (the lord's chosen charismatic church)\ pc docx

27 6C RESOLUTION Page 3 RESOLUTION #2013- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RELIGIOUS INSTITUTION AT th AVENUE NORTH, SUITE 105 Planning Commission File # WHEREAS, Mr. Huy Nguyen of Westgate Professional Building, on behalf of his tenant, The Lords Chosen Charismatic Church, has made an application for a Site Plan Review in the Village Redevelopment Zoning District per City Code (B) on property legally described as: That part of the South 315 feet of Outlot B lying East of the West 415 feet thereof, Twin Brook Center, Hennepin County, Minnesota. WHEREAS, the proposed development is consistent with the purposes of the VR Zoning District as described in City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that the Conditional Use Permit for a religious institution as a tenant in the Westgate Professional Building is hereby approved: 1.01 Per building and site plan dated as revised All requirements of the International Building Code (IBC) must be satisfied before the space may be occupied, including obtaining a building permit, paying all the necessary fees, completing work, and obtaining a Certificate of Occupancy Occupancy of the tenant space is limited to 49 people per the IBC. Any increase in occupancy will require the building to be brought up to current IBC standards This resolution must be recorded with the Hennepin County Taxpayer Services Department (County Recorder). This Conditional Use Permit expires one year from the date of approval, unless all conditions are met. If the petitioner needs additional time to satisfy the requirements listed in this Conditional Use Permit in order to get it released for recording, then a one-year time extension must be requested. Time extension requests are subject to the conditions found in City Code (Section 152).

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29 6C PLANNING AND ZONING INFORMATION Page 5 Land Use Plan Current Zoning Surrounding Zoning Building Area Tennant Area Office/Medium Density Residential Village Redevelopment (VR) North and East Village Redevelopment (VR) Shingle Creek and Village Creek Park West Village Redevelopment (VR) Village Creek Townhomes South Village Redevelopment (VR) Brooks Landing Apartments 11,400 ft² 1,143.8 ft² Conforms to: Land Use Plan Yes Zoning Code Yes Variances Needed None Notification Distance 500 feet Photo 1. The Westgate Professional Building (photo date ).

30 DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING September 11, 2013 Unapproved Minutes 1. CALL TO ORDER The meeting was called to order at 7:01 p.m. 2. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners West-Hafner, Stuewe, Lessard, Nguyen, Russell, Trapp, Schmidt, and Walker; Senior Planner Larson; Planning and Development Director Sherman; City Council Liaison Jordan Those absent were: Commissioner Cupka 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION LESSARD SECOND TRAPP TO APPROVE SEPTEMBER 11, 2013 AGENDA. MOTION PASSED UNANIMOUSLY 5. CONSENT ITEMS A. Cancel public hearing for City of Brooklyn Park Code Amendment change # for uses in the Town Center and Business Districts citywide MOTION LESSARD, SECOND SCHMIDT TO APPROVE CONSENT AGENDA. MOTION PASSED UNANIMOUSLY 6. PUBLIC HEARING Troy Vokaty- Variance for garage side-yard setback at 7700 Dupont Av N Senior Planner Larson stated that this home never had a garage. The applicant recently bought the home and would like to add an attached garage. To build a reasonably sized double garage the side yard side of the City of Brooklyn Park Planning Commission Meeting Minutes September 11, 2013 Regular Meeting Page 1 of 3

31 DRAFT UNAPPROVED MINUTES garage would encroach about four and a half feet into the twenty foot side-yard setback. Nearly every home in the neighborhood has a two car garage and if this home was built today, it would be required to have a two car garage. Staff does feel that this request is reasonable and being adjacent to Brookdale Drive it would not pose any visibility problem. The applicant, Troy Vokaty, stated that he lives in Andover and he bought the property about three weeks ago. He stated that he wants to run the fence line further towards Dupont Avenue once the garage is constructed to finish off the look of the property. Chair Nguyen opened the public hearing. Seeing no one approach the podium, the public hearing was closed with comments confined to the Planning Commission. MOTION WEST-HAFNER SECOND LESSARD TO RECOMMEND APPROVAL OF TO ALLOW FOR A VARIANCE FOR FOUR AND A HALF FEET TO PROVIDE FOR A FIFTEEN POINT FIVE FOOT GARAGE SIDE-YARD SETBACK AT 7700 DUPONT AV N SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION PASSED UNANIMOUSLY (8-0). Chair Nguyen stated that this application will be considered by the City Council on September23, DISCUSSION ITEMS A. Moratorium on construction of new religious institutions. Planning and Development Director Sherman stated that staff had recently been contacted by a church interested in locating along the Highway 610 corridor. The Town Center zoning district does not specifically address religious institutions. A moratorium is being requested only in non-residential districts as staff is comfortable with the rules already in place involving the religious institutions currently in the city s other residential zones. Staff would like to take the time to look at the regulations and prepare any modifications they think are necessary to help them locate religious institutions in places staff feels is the most appropriate in the community. The moratorium is being proposed for one year and can always be rescinded earlier if staff has completed their work earlier. The Signature Development Task Force is currently looking at all of the vacant land in our community and staff wants to have that work completed prior to reviewing the regulations. The task force expects to have their work done prior to the end of this year. There will be public hearings prior to making any code modifications that are proposed. MOTION LESSARD, SECOND WEST-HAFNER TO RECOMMEND THAT THE CITY COUNCIL ADOPT AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW RELIGIOUS INSTITUTIONS IN NON-RESIDENTIAL ZONING DISTRICTS AND DIRECTING CITY STAFF TO CONDUCT A STUDY OF THE CITY S OFFICIAL CONTROLS RELATED TO RELIGIOUS INSTITUTIONS. City of Brooklyn Park Planning Commission Meeting Minutes September 11, 2013 Regular Meeting Page 2 of 3

32 DRAFT UNAPPROVED MINUTES MOTION PASSED UNANIMOUSLY. 8. OTHER BUSINESS A. Approval of Minutes- August 14, 2013 MOTION SCHMIDT, SECOND LESSARD TO APPROVE THE MINUTES FORM THE AUGUST 14, 2013 PLANNING COMMISSION MEEITNG. MOTION PASSED UNANIMOUSLY (8-0). 9. INFORMATION ITEMS A. City Council Liaison for September 23, 2013 Meeting - Russell Commissioner Russell is not needed for the September 23, 2014 City Council meeting. Planning and Development Director Sherman gave details about the work session agenda for September 23, ADJOURNMENT CHAIR NGUYEN ADJOURNED THE REGULAR BROOKLYN PARK PLANNING COMMISSION MEETING. Adjournment at 7:13 p.m. Respectfully submitted, Kathy Valez Planning Assistant City of Brooklyn Park Planning Commission Meeting Minutes September 11, 2013 Regular Meeting Page 3 of 3