Regular Meeting Agenda Amended

Transcription

1 1B PLANNING COMMISSION Regular Meeting Agenda Amended TH AVENUE NORTH BROOKLYN PARK MN PHONE (763) FAX (763) Wednesday, April 11, :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/SWEAR IN NEW MEMBERS 2. ROLL CALL/PLEDGE OF ALLEGIANCE 3. EXPLANATION BY CHAIR Please be advised that the public hearings are recorded and televised live on cable television and web streamed over the internet at brooklynpark.org. 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. The Planning Commission consists of nine resident-volunteer members appointed by the City Council to advise the City Council on planning and land use issues. The Commission discusses and evaluates development proposals based on zoning regulations and comprehensive plan policies. The Planning Commission vote is a recommendation that is forwarded to the City Council for official/final action. 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Firefly Credit Union- Case# Public Hearing continued until May or June 2018 B. Approval of Minutes- March 14, 2018 minutes 6. PUBLIC HEARING A. Josh and John Ahlquist- Case# Plat to sub-divide two residential lots into five lots (three for new single family construction, two for existing homes)

2 Location: 7630 and 7646 Riverdale Drive Staff Report: Todd Larson B. Mike Eidem Case# Plat to subdivide one residential lot into three lots (two for new single family construction, one for the existing home) Location: Kyle Avenue North Staff Report: Todd Larson C Comprehensive Plan 7. DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. None 9. INFORMATION ITEMS A. Council Comments B. Commission Comments C. Staff Comments 10.ADJOURNMENT

3 Location: 7630 and 7646 Riverdale Drive Staff Report: Todd Larson B. Mike Eidem Case# Plat to subdivide one residential lot into three lots (two for new single family construction, one for the existing home) Location: Kyle Avenue North Staff Report: Todd Larson C Comprehensive Plan 7. DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. None 9. INFORMATION ITEMS A. Council Comments B. Commission Comments C. Staff Comments 10.ADJOURNMENT

4 Location: 7630 and 7646 Riverdale Drive Staff Report: Todd Larson B. Mike Eidem Case# Plat to subdivide one residential lot into three lots (two for new single family construction, one for the existing home) Location: Kyle Avenue North Staff Report: Todd Larson C Comprehensive Plan 7. DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. None 9. INFORMATION ITEMS A. Council Comments B. Commission Comments C. Staff Comments 10.ADJOURNMENT

5 DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING March 14, 2018 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 Fletcher, Hanson, Husain, Jackson, Mersereau, Morton-Spears, and Vosberg; Senior Planner Larson; Planning Director Sherman; Council Member liaison Jacobson Those not present: Commissioners Kisch and Schmidt 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION FLETCHER, SECOND JACKSON TO APPROVE THE MARCH 14, 2018 AGENDA. MOTION CARRIED UNANIMOUSLY. 5. CONSENT A. Approve February 14, 2018 Planning Commission minutes. MOTION JACKSON, SECOND FLETCHER, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 6. PUBLIC HEARING A. Noble Acres 4 th Addition- Case# Preliminary and Final Plat to re-plat one existing lot and one outlot into three single family lots at th Avenue North and Major Avenue North Senior Planner Larson introduced the application and stated that this split was anticipated back with the original plat and utility stubs are in place for the two new lots, as well as being stubbed for the existing home. The existing home will stay on their own septic as long as that system works properly. If the system ever fails, City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 1 of 6

6 their lot will be hooked up at that time. Staff is recommending approval. Tom Gonyea, Estate Development Corporation at Wayzata Boulevard approached the podium. He stated that what Mr. Larson said was accurate and re-iterated what was said. Commissioner Chair Hanson opened the public hearing. Seeing no one approach the podium, Commissioner Chair Hanson closed the public hearing. Commissioner Husain asked what kind of homes were going to be built on these lots. Senior Planner Larson stated that whatever the builder wants to build that meets the city zoning requirements could be built there. Commissioner Vosberg asked why the gap in the sidewalk along the south side of 109 th Avenue and Noble Parkway was slated to be completed for future construction instead of being completed at this time. Senior Planner Larson stated that the sidewalk would be floating, as it does not go anywhere. It would also require the removal of some lilac bushes that are there that add screening from 109 th as well as from the gas station across the street. The money will be set aside for when the road gets re-built in the probably distant future and the sidewalk will be installed at that time. MOTION FLETCHER, SECOND JACKSON TO RECOMMEND APPROVAL OF PRELIMINARY PLAT CASE# FOR NOBLE ACRES 4 TH ADDITION SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY. B. AAA Movers Incorporated- Case# Conditional Use Permit for truck storage on the east side of the building at 8201 Brooklyn Boulevard- Suite 100 Senior Planner Larson introduced the application and stated that the applicant would like to have nine trucks parked out front which requires a conditional use permit. They are a full service moving company but they also have smaller trucks that can be rented just for the day. The trucks are the medium sized trucks while the large ones for professional use are kept in the back. One of the conditions in the staff resolution is that the trucks are the small sized ones and they need to be parked in the marked spaces and kept out of the drive isle. Commissioner Chair Hanson opened the public hearing. Jane Wilson, th Avenue North, approached the podium. She stated that she has no trouble with the applicant parking their trucks there. She stated that she drives by there at least twice a day and the trucks look very neat and tidy parked there along the front and the new building looks so much nicer and cleaner than what was there before. Seeing no one approach the podium, Commissioner Chair Hanson closed the public hearing. Commissioner Mersereau stated that the trucks parked out front in the picture in the staff report do look like City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 2 of 6

7 larger trucks and they look like they are very close to the drive isle. She stated that with the gymnastics school coming in, she would not be comfortable with this amount of space for all of the cars passing through there. She asked if the picture was showing larger trucks and if that is what they could expect to see there. The applicant, Mr. Schwartz approached the podium. He stated the trucks in the picture are twenty two foot trucks and the picture is kind of deceiving. He stated that they do not take up much more than a normal parking spot. Commissioner Morton-Spears stated that she drives by this building quite a bit and the trucks are not as big as they appear to be in the picture. She stated that they look pretty good out there. Commissioner Fletcher stated that he has a concern about the trucks creating a bit of a screening effect in front of the building. With the gymnastics school right there this could be a safety issue. He stated that appropriate parking locations for the trucks were specifically laid out for parking in the back of the building. He stated that they are actually billboards and he asked where in the building the applicant is located and where the trucks would be parked. Mr. Schwartz re-approached the podium. He stated that they have almost half of the building. He asked to park nine trucks because if trucks get rented they may have no trucks out front. They have a total of thirty five trucks and are asking to have only nine of them out front. Commissioner Fletcher stated that they are in effect putting up a thirteen foot screen in front of the building and that is not the effect they are looking for. In industrial zoning districts with this type of office warehouse use, he stated that the parking regulations clearly state that parking will be in the rear specifically to avoid this. Commissioner Morton-Spears asked what the hours of operation are. Mr. Schwartz stated that they are from 8:00 A.M. to 5:00 p.m. Commissioner Jackson asked where the gymnastics school is located in the building and if their trucks have to drive by the gymnastics school to get to their business and if that will interfere with the students crossing the parking lot. He then stated that the U-Haul trucks are on the side of the building and not parked in front like they are requesting. Mr. Schwartz stated that U-Haul has twenty seven trucks parked in front of their building at this time. Senior Planner Larson stated that the gymnastics school has mostly evening classes and one weekday morning class for small children as well as all day Saturday classes. He asked Mr. Schwartz when they rent out their trucks. Mr. Schwartz stated that they rent out their trucks Monday through Friday. Commissioner Mersereau asked if the lot is one way only or if the lot allows for two way traffic. Senior Planner Larson stated that there is two-way traffic for cars but given the angled parking for the trucks they would end up going clockwise around the building. City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 3 of 6

8 Commissioner Mersereau stated maybe there could be a compromise of allowing fewer trucks to be parked out front. Commissioner Fletcher asked if they could be parked on the side of the building. Mr. Schwartz stated that the side of the building is employee parking. Commissioner Fletcher stated that he would rather see employee parking out front where it would not cause a screening issue and the trucks they want to park there could be parked on the side. Senior Planner Larson stated that this request for parking the trucks out front was made at the time of the bond releases and the black lines on the plans are the actual parking spaces now, not the red lines that were going to be the original parking spots. Commissioner Hanson asked if the angled parking goes along the whole front of the property. Senior Planner Larson stated that there are only nine spaces that are angled and they are angled more so than a typical angled car parking space because the trucks are longer. Commissioner Jackson stated that he feels this is a case of asking for forgiveness instead of permission and he would be ok with four or five trucks parked in front and the rest on the north side. Commissioner Hanson stated that she agrees with Commissioner Jackson and she feels like nine is a lot of trucks. She stated that U-Haul is similar yet different from this because there are no other businesses there like this where people are dropping their children off for gymnastics. MOTION HANSON, SECOND MERSEREAU TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT CASE# FOR TRUCK STORAGE AT 8201 BROOKLYN BOULEVARD, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. AMENDMENT TO THE MOTION TO ALLOW UP TO FIVE RENTAL TRUCKS MAY BE PARKED IN SPACES DESIGNATED ON THE SITE PLAN ALONG THE EAST SIDE OF THE BUILDING. Commissioner Vosberg stated that as a citizen of Brooklyn Park, she does not have a problem with the nine trucks out front as it does not look overwhelming based on the size of the building. She asked Commissioner Fletcher what his concern was regarding the health and safety issue. Commissioner Fletcher stated that his concern is safety. The height of the trucks creates a dark area and screens the area where children could be crossing the lot and that is a safety issue. Commissioner Vosberg stated that she is ok with the nine trucks and sees this as very similar to the U-Haul where this is allowed. Commissioner Jackson asked if the amendment could also limit the length of the trucks and say that only the smaller trucks can be parked there. Planning Director Sherman stated that the way it is designed with the angled parking, the vehicles do not City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 4 of 6

9 encroach into the drive isle. MOTION CARRIED 6-1 WITH COMMISSIONER FLETCHER VOTING NAY. Planning Director Sherman discussed the 2040 Comprehensive Plan Amendment. She highlighted the Metropolitan Council vision, the Land Use, Housing, Transportation, Economic Development, Parks and Trails and the Mississippi River Critical Corridor Area sections of the Plan. She stated that the hearing will be continued to April 11, 2018 to allow time to get into more depth on the Plan. The Plan will also be discussed more thoroughly at the March 28, 2018 work session. Commissioner Chair Hanson opened the public hearing. Seeing no one approach the podium, Commissioner Chair Hanson continued the public hearing to April 11. Ms. Sherman asked if there were particular issues the commission would like to review/discuss at the work session. Items include: home loan programs, housing density, commercial density (FAR), autonomous vehicle impacts, modifications in land use and locations. 7. DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. None 9. INFORMATION ITEMS A. City Council comments Council Liaison Jacobson stated that the February 14, 2018 Planning Commission items that were on the February 26, 2018 City Council agenda were all approved. B. Commission Comments Commissioner Jackson thanked the commission for their work and stated that he was taking time for more family focus now but that he intended to be back in public service in the future. C. Staff Comments Planning Director Sherman passed out a flyer about upcoming meetings. There will be a transit-oriented development/ light rail meeting coming up with two opportunities to attend. The two dates available are March 20th or April 5th. She stated that on April 18th there will be a joint meeting with the City Council to talk about transit-oriented development and proposed regulations. This meeting will replace the regular work session April 25th. The discussion will include the input received at the two community meetings. City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 5 of 6

10 She stated that the two new Planning Commissioners are John Kiekow and Hassanen Mohamed. Commissioner Fletcher has been re-appointed. The appointments take effect on April ADJOURNMENT Commissioner Chair Hanson adjourned the meeting at 8:23 p.m. Respectfully submitted, Kathy Valez Planning Assistant City of Brooklyn Park Planning Commission Meeting Minutes March 14, 2018 Regular Meeting Page 6 of 6

11 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 5B Meeting Date: April 11, 2018 Originating Agenda Section: Consent Department: Community Development Resolution: N/A Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: N/A Presented By: Todd A. Larson, Senior Planner Firefly Credit Union Conditional Use Permit for a credit union with a drive-thru at Item: th Avenue North. Proposed Action: MOTION SECOND TO CONTINUE THE PUBLIC HEARING FOR FIREFLY CREDIT UNION, CONDITIONAL USE PERMIT # FOR A FINANCIAL INSTITUTION WITH A DRIVE-THRU AT TH AVENUE NORTH, TO A FUTURE MEETING. Staff Recommendation: Staff recommends continuing the public hearing to a future meeting at the request of the applicant. Neighbors will be re-notified once the applicant is ready to come forward. Overview: Firefly Credit Union has operated at 9334 Zane Avenue for several years. This location is in a retail strip and Firefly would like to expand into its own facility to offer more services to its customers. The new location will have a drive-thru. The site that was selected is at th Avenue North in the Town Center zoning district and guided for office uses. In this zoning district, all uses are conditional and must be in conformance with the Comprehensive Plan, therefore a conditional use permit (CUP) is required. Budgetary/Fiscal Issues: N/A Alternatives to consider: N/A Attachments: N/A i:\planning\planning cases\2018\ (firefly credit union)\planning commission\ pc docx

12 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6A Meeting Date: April 11, 2018 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 5 Presented By: Todd A. Larson, Senior Planner Samara Circle (Josh and John Ahlquist) Plat # to sub-divide two residential Item: lots into five lots at 7630 and 7646 Riverdale Drive. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF PRELIMINARY PLAT # OF SAMARA CIRCLE, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the plat with the conditions listed in the draft resolution. Overview: Members of the Ahlquist family are requesting to plat their two properties into five lots two lots for the existing homes and three lots for new single-family home construction. The new lots will be accessed from the extension of Brooklyn Park Drive from the south. The proposed lots meet the area and dimensional requirements of the R2 Single-Family Estate zoning district. Budgetary/Fiscal Issues: Park dedication will be collected on the three lots created for new construction. Alternatives to consider: 1. Approve the plat as presented. 2. Approve the plat with modifications. 3. Deny the plat based on certain findings. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING AND ZONING INFORMATION D. LETTER FROM NEIGHBOR E. PLANS i:\planning\planning cases\2018\ (josh & john ahlquist - samara circle)\planning commission\ pc docx

13 6A DRAFT RESOLUTION Page 2 RESOLUTION #2018- RESOLUTION APPROVING PRELIMINARY PLAT OF SAMARA CIRCLE SUBDIVIDING 2.23 ACRES INTO FIVE SINGLE-FAMILY LOTS Planning Commission File # WHEREAS, the plat of Samara Circle has been submitted in the manner required for platting of land under the Brooklyn Park Codes and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and codes of the City of Brooklyn Park, Chapters 151 and 152; and WHEREAS, the Planning Commission held a public hearing and reviewed the proposal at its meeting on April 11, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, Preliminary Plat Request # Samara Circle shall be approved for five single-family lots subject to the following conditions: 1.00 DRAWINGS 1.01 Site plan/preliminary plat on file in the City Clerk s office undated; and Utility and Grading plans on file in the City Clerk s office dated , as revised , are approved for 5 single-family lots upon compliance with the requirements in this resolution BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 A Development Contract and bonding shall be required in the amount of $.00 as a development bond or letter of credit, a $.00 cash bond, and a $.00 developer s escrow as required by Chapter 152. The developer's escrow must be posted with the City Treasurer to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. Bonding may be recalculated based on a phasing plan. The bonding will cover the following items: a. Sanitary Sewer b. Water Main

14 c. Storm Sewer d. Landscaping e. Grading f. Streets g. Street Lights 6A Page Payment of any special assessments on the property Payment of a park dedication fee based on three lots at the rate in effect at the time of final plat approval. No dedication is required for the lots containing the existing homes Approval of Title by the City Attorney REQUIRED DOCUMENTS 3.02 All utility construction, drainage, grading and development plans must be approved by the City Engineer prior to commencement of site development A comprehensive search shall be performed to identify any existing wells on the property. A licensed well driller shall properly abandon any unused wells in the plat. Such abandonment shall be reviewed and approved by the Minnesota Department of Health A final plat showing the correct square footage for each lot area must be submitted prior to recording of the final plat Approval by the West Mississippi Watershed Commission and all conditions therein (if applicable), including a storm water basin maintenance agreement GENERAL CONDITIONS 4.01 It shall be the developer's responsibility to keep active and up to date the developer's contract and financial surety (Letter of Credit, bonds, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the Engineering Department Before final bonding obligations are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer All conditions of the City Attorney s office shall also apply. A Title Review must be conducted by the City Attorney s office using documents provided by the developer before final plat No burying of construction debris shall be permitted on the site Dust control measures must be in place to prevent for dust and erosion including, but not limited to, daily watering, silt fences, and seeding. The City Engineer may impose measures to reduce dust.

15 6A Page Adequate dumpsters must be on site during construction of streets, utilities, and homes. When full, they must be emptied immediately or replaced with an empty dumpster Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and homes. At no time shall any home under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied During construction, streets must be passable, at all times, free of debris, materials, soils, snow, and other obstructions Orange snow fence must be installed around all areas indicated on the plans as trees to be saved. Trees shown on the landscaping plans as Save Trees shall be saved Model homes must comply with all landscaping requirements A street light must be installed adjacent to the cul-de-sac of Brooklyn Park Drive Building permits may not be issued prior to the adequate public utilities being in place, including street lights, and streets have been installed and determined to be available to use. The City will require that the utilities, lighting, and street system have been designed, bid, constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right-of-way and/or easements needed for the property to be serviced. If the petitioner needs additional time to satisfy the requirements listed in this Preliminary Plat 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 Subdivision Code (Section 151). The failure on the part of the petitioner to submit a final plat per Section 151 within one year from the date of this approval shall deem the preliminary approval to be null and void.

16 Plat # Samara Circle 7630 and 7646 Riverdale Dr. N. Brookdale Dr N Spring 2015 Air Photo. Site Location Riverdale Dr N 100 Feet «Brooklyn Park Dr ^_ Map Date March 16, 2018

17 6A PLANNING AND ZONING INFORMATION Page 6 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Low Density Residential Single-Family Estate District (R2) All Sides - Single-Family Estate District (R2) River Park Site Area 2.23 Acres Number of Lots 5 Average Density 2.2 units/acre Minimum Lot Area Minimum Lot Width 13,500 ft² 100 feet Conforms to: Land Use Plan Yes Zoning Code Yes Subdivision Code Yes Variances Needed None Notification 1 Proposed Development Sign 81 Mailed Notices Neighborhood Update River Park Neighborhood Lots and Homes All five lots conform to the area and dimensional requirements of the R2 zoning district. The existing homes will meet the required setbacks (the front and side lot lines are not changing). The new homes must meet the minimum standards for construction in that zoning district. Homes will be designed as the lots are sold. Homes in Lots 4 and 5 will be subject to the 40-foot Mississippi River Critical Area slope setback due to the ravine along the eastern edge of the property. Roadway and Access Brooklyn Park Drive is currently a dead-end roadway with a temporary turn-around hammerhead south of the property. The roadway will be extended and terminated with a permanent cul-de-sac to access the three lots for new construction. The temporary hammerhead on 7617 Brooklyn Park Drive must be removed by the applicant. The existing homes have access from Riverdale Drive and nothing is proposed to change. Storm Water Management The roadway extension and new home construction will add hardcover to the area. The storm water runoff will be directed to a small basin in Lots 4 and 5. This basin must be landscaped to prevent erosion. The basin is adjacent to the ravine where an overflow storm pipe will be installed. The ravine is considered flood plain below the 820 elevation contour. This will not affect the buildability of the lots. Utilities The existing homes are connected to City water and sanitary sewer. The new homes will receive City services as well with the extension of Brooklyn Park Drive. A street light must be installed adjacent to the cul-de-sac.

18 April 2, 2018 Department of Community Development, Planning Division th Avenue North Brooklyn Park, MN Attention: Todd Larson *In regards to Case # *Project Name: Samara Circle *Applicant: Josh and John Ahlquist *Location: 7630 and 7646 Riverdale Drive Dear Todd, My wife Diane and I are opposed to the city of Brooklyn Park allowing their request to sub-divide these two residential lots into five lots for the following reasons. 1.) We have lived/owned at our current resident of 7617 Riverdale Dr. N since 1987 and enjoy the neighborhood the way it is. This area was plotted in the early 1980 s with the current large lot sizes and don t believe these should be changed now. 2.) If you allow these properties to be sub-divided now then we should also be allowed to subdivide our lots (and our neighbors also) in the future since our lots are also very large. 3.) I believe you would be opening a large can of worms if you allow this to happen now and others in our neighborhood may also want to do this in the future. How can you say no to them later? 4.) These two properties are now just rental properties, which I don t know how the city of Brooklyn Park allows this? I believe they will sell the two existing houses if you allow them to sub-divide along with selling the other three lots. I believe their proposal is just for profit only. (Along with my neighbor who knows them). 5.) We like our neighborhood, which is quiet and friendly, and we don t want any more additional traffic. Where would the new roads into these three properties be proposed to come from? I would think they would come off of Brookdale Drive which is busier anyway and not from Brooklyn Park Drive? Correct? *6.) We do not want our property taxes to be increased because of putting in these additional roadways, including additional utilities, that we are not asking for. Our taxes are high enough! If the city of Brooklyn Park allows these properties to be sub-divided then all of the additional taxes for these roads/utilities should be paid entirely by Josh and John Ahlquist. They should agree to this before any approval is given by the city. 7.) Again, remember when my wife and I plan to retire and sell our property we may ask to have it sub-divided also? Thank you for your time and consideration, Jeff and Diane Adair 7617 Riverdale Drive N Brooklyn Park, MN 55444

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23 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6B Meeting Date: April 11, 2018 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 5 Presented By: Todd A. Larson, Senior Planner Eidem Addition (Mike Eidem) Plat # to subdivide one residential lot into three Item: lots at Kyle Avenue North. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF PRELIMINARY PLAT # OF EIDEM ADDITION, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the plat subject to conditions in the draft resolution. Overview: Mr. Eidem owns 2.5 wooded acres in northern Brooklyn Park. Over the past 12 years, many of his neighbors have subdivided their similarly-sized properties to provide lots for new single-family construction. The Eidem Addition will be a similar subdivision creating a lot for his home and two lots for new construction. All lots conform to the R2B zoning district requirements. The existing home will meet the required setbacks after platting. Home designs will be determined by the buyers, but must meet the minimum requirements set forth in City Code. Kyle Avenue was reconstructed in 2006 and utility services for these lots were installed at that time. Hennepin County is requesting a 5-foot trail easement adjacent to Noble Parkway (County Road 12) in the event the existing sidewalk is replaced with a 10-foot multi-use trail. The easement will not impact the buildability of the lots. Budgetary/Fiscal Issues: Park dedication is required on the two new developable lots. Additionally, the property has a deferred assessment from the reconstruction of Kyle Avenue. Mr. Eidem has requested that the dedication and assessment be paid when the first lot sells.

24 Alternatives to consider: 6B Page 2 1. Approve the plat as presented. 2. Approve the plat with modifications. 3. Deny the plat based on certain findings. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING AND ZONING INFORMATION D. LETTER FROM APPLICANT E. PLANS i:\planning\planning cases\2018\ (mike eidem)\planning commission\ pc docx

25 6B DRAFT RESOLUTION Page 3 RESOLUTION #2018- RESOLUTION APPROVING PRELIMINARY PLAT OF EIDEM ADDITION SUBDIVIDING 2.5 ACRES INTO THREE SINGLE-FAMILY LOTS Planning Commission File # WHEREAS, the plat of Eidem Addition has been submitted in the manner required for platting of land under the Brooklyn Park Codes and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and codes of the City of Brooklyn Park, Chapters 151 and 152. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, Preliminary Plat Request # of Eidem Addition shall be approved subject to the following conditions: I. PRELIMINARY PLAT 1.00 DRAWINGS 1.01 Preliminary plans on file in the City Clerk s office dated for two lots upon compliance with the following requirements: 2.00 BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 Payment of any special assessments on the property must be made upon sale of the first lot Park dedication is required for each of the two lots created for new construction at the rate in effect at the time of final plat approval. Park dedication payment may be deferred until the sale of the first lot Approval of Title by the City Attorney REQUIRED DOCUMENTS 3.02 Approval of the West Mississippi Watershed Management Organization, if applicable, and all conditions therein A five-foot trail easement adjacent to Noble Parkway as requested by Hennepin County.

26 4.00 GENERAL CONDITIONS 6B Page It shall be the developer's responsibility to keep active and up to date the developer's contract and financial surety (Letter of Credit, bonds, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the Engineering Department Before final bonding obligations are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer No burying of construction debris shall be permitted on the site Dust control measures must be in place to prevent for dust and erosion including, but not limited to, daily watering, silt fences, and seeding. The City Engineer may impose measures to reduce dust Adequate dumpsters must be on site during construction of streets, utilities, and homes. When full, they must be emptied immediately or replaced with an empty dumpster Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and homes. At no time shall any home under constructions be more than 250 feet away from any portable toilet. Toilets must be regularly emptied During construction, streets must be passable, and at all times free of debris, materials, soils, snow, and other obstructions Model homes must comply with all landscaping requirements A Landscaping Escrow will be required at the time of each building permit. This escrow will cover: a. Three inches of black topsoil; b. Sodding of the entire lot from the front curb line to the rear lot line (except wooded areas); c. Trees and shrubs as required by section of City Code No access to Noble Parkway is allowed. If the petitioner needs additional time to satisfy the requirements listed in this Preliminary Plat 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 Subdivision Code (Section 151). The failure on the part of the petitioner to submit a final plat per Section 151 within one year from the date of this approval shall deem the preliminary approval to be null and void.

27 Plat # Eidem Addition Kyle Ave. N. Spring 2015 Air Photo. Site Location Kyle Ct N Kyle Ave N 100 Feet «Oxbow Creek Dr Noble Pkwy N GkWX Map Date March 16, 2018 ^_

28 6B PLANNING AND ZONING INFORMATION Page 6 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Low Density Residential Detached Single-Family Residential District (R2B) North, West, and South Detached Single-Family Residential District (R2B) East Single-Family Estate District (R2) Orchard Trail Site Area 2.5 Acres Number of Lots 3 Average Density 1.2 units/acre Minimum Lot Area Minimum Lot Width 11,475 ft² 85 feet Conforms to: Land Use Plan Yes Zoning Code Yes Subdivision Code Yes Variances Needed None Notification 1 Development Sign 58 Mailed Notices Neighborhood Update Orchard Trail and River North Neighborhoods

29 6B LETTER FROM APPLICANT Page 7 From: Sent: To: Subject: MIKE EIDEM Wednesday, March 14, :04 PM Todd Larson Eidem sub-dividing property Hello Todd - We are sending our request asking that the park dedication fee be deferred until after the first sale of one of the lots, along with the $20, assessment balance that has already been deferred! We are wanting to defer this because we are a single family with a moderate income and not a large developer. We researched the cost of subdividing and this $9, fee was never disclosed to us. Thanks for the consideration. Mike and Kristi Eidem

30 N:\Projects\17207PPR1\17207PPR1PDF.dwg, 3/27/2018 9:35:14 AM EIDEM ADDITION 18407

31 City of Brooklyn Park Planning Staff Report Agenda Item No: 6.C Meeting Date: April 11, 2018 Originating Agenda Section: Public Hearing Department: Planning Division Resolution: Ordinance: N/A N/A Prepared By: Cindy Sherman, Planning Director No. of Attachments: N/A (previously provided) Presented By: Cindy Sherman Item: Discussion of Comprehensive Plan Update Recommendation Motion, Second to recommend approval of the 2040 Comprehensive Plan subject to the comments/changes discussed. Overview: The Comprehensive Plan is a document that includes a lot of information about the city and our infrastructure and land use. It is tied to the system statements completed by the Metropolitan Council and each plan is reviewed to insure consistency with the regional systems. In 2008 the last major update was completed for community with several updates/modifications since that time. Many people think of the comprehensive plan as the land use map, because the land use map is the most visible and the part of the document most often used by the commission and the public. The plan is actually made up of several parts which are individual chapters within the plan. The Chapters include: 1- Introduction 2 Background/Community Profile 3 Land Use 4 Housing 5 Transportation 6 Economic Development 7 Regional Parks and Trails 8 Sanitary Sewer 9 Water Supply 10 Surface Water 11 Mississippi River Critical Corridor Area (MRCCA) 12 - Resilience 13 Implementation

32 6C Page 2 The Plan has been drafted by the City staff and consultants. An Open House was held on October The Planning Commission opened the hearing on March 14 and continued it to April 11. The Plan is intended to be the policy document to guide decision making by the Planning Commission and City Council. The plan prepared for the public hearing is fairly complete although this is a draft version and modifications will be made between the initial hearing and Council consideration based on comments received. The full plan is available on the city web site at with a quick link on the front page.