Wednesday, December 11, :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, December 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 2. ROLL CALL/PLEDGE OF ALLEGIANCE 3. 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. 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. None 6. PUBLIC HEARING A. LNR Properties/Affordable Tire Services- Case# Conditional Use Permit for a tire store and light auto repair Location: 7500 Brooklyn Boulevard Staff Report: Todd Larson 7. DISCUSSION ITEMS A. Josie Shardlow- Neighborhood Relations Specialist B. Updates on various projects/studies/etc. 8. OTHER BUSINESS A. Approval of Minutes- November 13, 2013 B. Group Photo (for the website)

2 9. INFORMATION ITEMS A. City Council Liaison for December 16, 2013 Meeting- Nguyen 10. ADJOURNMENT

3 Planning Commission Staff Report Agenda Item: 6A Meeting Date: December 11, 2013 Originating Planning and Agenda Section: Public Hearing Department: Development Division Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 5 Presented By: Todd A. Larson, Senior Planner Affordable Tire Conditional Use Permit # for a tire installation and light auto Item: repair business at 7500 Brooklyn Blvd. N. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR A TIRE INSTALLATION AND LIGHT AUTO REPAIR BUSINESS AT 7500 BROOKLYN BOULEVARD, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Overview: 7500 Brooklyn Boulevard has been used for automotive retail businesses for many years. The back part of the building includes a drive-in door with room inside to service four vehicles. The focus of the proposed business is retail tire sales and installation, but they would like to provide shocks, brakes, diagnostic, electric, timing, and rim service as well. These types of services are typically scheduled; therefore storage of vehicles on site is not necessary. A condition prohibiting exterior storage of vehicles is included in the resolution. The front interior of tenant space will include a retail showroom and a customer waiting area. Staff has been working with the property owner to improve property maintenance deficiencies on the property. An old chain-link fence has been removed. The property owner would like to replace the fence to prevent unauthorized access to the back of the building. Planning and Crime Prevention staff recommends using a wrought-iron style fence similar to fencing used elsewhere in Village Creek. The fence is decorative and provides the desired visibility to reduce the likelihood of criminal activity. The property is zoned Village Redevelopment (VR) and is subject to the design standards of the Village Master Plan and uses identified in the Comprehensive Plan, which is for Office uses. The proposed use of auto repair is not consistent with the Comprehensive Plan. However, since the building is non-conforming from design and use perspectives, but has been in continuous use, it has attained a non-conforming status which allows them to continue as-is. The building was constructed under an M category in the Building Code that will allow this type of use. No remodeling is proposed. More intensive types of automotive uses that require building remodeling (i.e. painting) cannot be allowed.

4 Primary Issues/Alternatives to Consider: 6A Page 2 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 APPLICANT E. PLANS i:\planning\planning cases\2013\ (affordable tire 7500 brooklyn blvd)\ pc docx

5 6A RESOLUTION Page 3 RESOLUTION #2013- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A TIRE INSTALLATION AND LIGHT AUTO REPAIR BUSINESS AT 7500 BROOKLYN BOULEVARD Planning Commission File # WHEREAS, Mr. Lowell Zitzlaff of LNR Properties, on behalf of his tenant, Fernando Brady, Jr., of Affordable Tire, has made application for a Conditional Use Permit Amendment under the provisions of Chapter 152 of the City Code on property legally described as: Commencing at a point on the south line of Lot 1, Block 6, Donnays Brookdale Estates 5 TH a distance of 230 feet East from the Southwest corner of Block 5 said addition then continuing East 150 feet then South at right angles to the North line of State Highway Number 152 then Northwesterly along said highway line to a point due South from the beginning then North to beginning, 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 is hereby granted for tire installation and light auto repair subject to the following: 1. This Conditional Use Permit is valid for the following services only: Tires, shocks, brakes, diagnostics, air conditioning, electrical, tinting, and rims. 2. No vehicles may be stored outside after business hours. 3. During business hours, all vehicles must be parked in a striped parking space. 4. Any fencing must be a black wrought-iron style fence. 5. Building signage must be comprised of individual letters on a raceway or attached directly to the building. Box signs are not allowed. 6. The monument sign must be upgraded to have dark non-illuminated panels, except the text and logos may be back-lit. 7. All existing building-mounted lighting must be replaced with a down-cast/full cut-off style light fixture. 8. This resolution must be recorded with Hennepin County Taxpayer Services (County Recorder).

6 6A LOCATION MAPS Page 4

7 6A PLANNING AND ZONING INFORMATION Page 5 Land Use Plan Current Zoning Surrounding Zoning Site Area Building Area Office/Limited Business Village Redevelopment (VR) East, West, and Southeast Village Redevelopment (VR) North and East Detached Single Family Residential (R3) 1.17 acres 12,635 ft² Conforms to: Land Use Plan No (legal-nonconforming) Zoning Code Yes Variances Needed None Notification Distance 500 feet

8 6A LETTER FROM APPLICANT Page 6 Description of Request & Narrative: Affordable Tire Services- Request for Conditional Use Permit for: tires, shocks, brakes, diagnostic, AC, electric, tinting, rims Property Address: 7500Brooklyn Blvd. Brooklyn Park, MN Building Owner (Project Primary Contact): Lowell Zitzloff (952) Barry Avenue South- Suite 301 Wayzata, MN Applicant is requesting a Conditional Use Permit for a new tenant in an existing building located in the Village Redevelopment District. Proposed use for this new tenant is a Tire Shop consisting of a retail showroom and waiting area in the front of the building, and a tire shop in the rear of the building for tire installation. The existing space is vacant. The only other tenant in the building is Maranatha Market (group M).

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11 Planning Commission Staff Report Agenda Item: 7A & B Meeting Date: December 11, 2013 Originating Agenda Section: Discussion Department: Community Development Resolution: Ordinance: N/A N/A Prepared By: Cindy Sherman, Planning & Development Director Attachments: 0 Presented By: Cindy Sherman Discussion on neighborhood formation and updates. Item: Overview: We have two discussion items on the agenda. The first is an update from Josie Shardlow, Neighborhood Relations Specialist. Josie will be giving a brief update on the status of her work regarding the neighborhood formation initiative. She will be looking for two volunteers for a task force to help with the neighborhood formation process. So please think about your availability to help with this important work. The purpose of the task force will be to oversee the neighborhood formation process including the community cafes and drafting preliminary neighborhood boundaries. The final product of the task force (expected to last from January April) will be a draft map. Item 7B is an update on various projects/commissions/task forces. Staff will be providing updates on Bottineau (Blue line), 610 extension, Religious Institution study, 169/610 study, branding, and the Signature Development Task Force. Commissioners who serve on various committees, commissions or Task Forces are invited to share their work during this time as well. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: None

12 DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING November 13, 2013 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 Cupka, West-Hafner, Trapp, Russell and Schmidt; Senior Planner Larson; Planning and Development Director Sherman; City Council Liaison Jordan Those absent were: Commissioners Stuewe, Nguyen, Lessard and Walker 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION SCHMIDT SECOND WEST-HAFNER TO APPROVE NOVEMBER 13, 2013 AGENDA. MOTION PASSED UNANIMOUSLY 5. CONSENT ITEMS A. Embassy Enterprises LLC- Time extension for Case# Variance to finish site improvements at Zane Avenue MOTION WEST-HAFNER SECOND SCHMIDT TO APPROVE CONTINUANCE. MOTION PASSED UNANIMOUSLY 6. PUBLIC HEARING A. Oxbow Cove- Case# # Preliminary Plat and Rezoning for development of 95 single family residential lots, four association lots, and park land southeast of Oxbow Creek Drive between 105th Trail and Maryland Avenue. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 1 of 11

13 DRAFT UNAPPROVED MINUTES Senior Planner Larson stated that this property is forty acres in size and L shaped. It is currently zoned R1 Urban Reserve District and once a property is ready for development it would be rezoned to a developable district. In this case, the developer is requesting an R4 zoning district. This project would include some monument signs, a neighborhood pool, and a neighborhood playground. There would also be a trail connection between Oxbow Creek Drive down to the Rush Creek Regional Trail. Staff is recommending approval with a few conditions. Outlot D does not include any landscaping on the plans but the developer will present plans for that landscaping shortly that will meet the requirements. Also, around 104 th Circle a sidewalk is shown along the north side and the south side but the sidewalk needs to be continued around the circle to complete the loop. There will be a lot with a structure for the swimming pool and a restroom building for the use of the neighborhood. It will be platted as a lot but will not be able to have a home on it because it does not meet the dimensions for a single family lot. There are two lots with rear frontage on 104 th Circle that will require some screening and staff is recommending that some evergreens be planted. Dean Hanson from Landmark Development stated that lots in this development will average about 81.5 feet wide and 13,480 square feet in size. He stated that residents raised two main concerns at the neighborhood meetings they held they did not want the ponding from Oxbow Cove to be connected to their pond and they felt that the smaller minimum lot sizes were too small. The revised plans they worked on to address these issues show the ponding is independent and separated by Oxbow Creek so that the ponds will not connect. He stated that they are creating a very grand entrance to the neighborhood with double entrance monuments and a very heavily landscaped and irrigated entrance area. They will be donating a strip of land on the west side that will allow the trail system to go all the way through. He stated that they have pushed the development away from the park to save the trees along the site. On the east side, they are planting seventy trees along the park land in the back yards to kind of buffer from the park and add additional trees to the development. He stated that there will be a lot of open area for kids to play and people to gather. They are trying to create a high-end development that people will want to be a part of. Their slightly smaller lots allow them about $650,000 for creating high end amenities. The covenants will be very strict in this development. Minimum square footage for two story homes and ramblers will be 2,400 square feet. Modified two stories, split entries, and modular homes are not allowed in the development. They are requiring an 8/12 roof pitch to give a little more of an upscale, higher end feel. Vinyl siding is not allowed in this development it must be either cement board or hardboard. No irrigation is required in neighboring communities but in this development all homeowners will be required to put in irrigation systems. Driveways will be required to be concrete. Mr. Hanson stated that if people want an 85 foot lot there are plenty of those developments in Brooklyn Park to choose from. But, if they want a development with high end amenities, this is the niche they are trying to fill. Vice Chair Trapp opened the public hearing. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 2 of 11

14 DRAFT UNAPPROVED MINUTES Dan Shallbetter, th Trail North, stated that the new Oxbow Cove pond is a smaller size than the one in Oxbow Creek West 2 nd Addition, which services 88 homes. This pond uses three sediment ponds to filter pollutants. The new pond, with no sediment ponds and a smaller surface size, would frequently overflow into the adjacent larger pond, adversely affecting the water quality. The water quality is monitored by the volunteer wetland health evaluation program to protect the wetland ponds to the north that the Oxbow pond connects into. If certain levels exceed the water quality standard guidelines, the pond owners are responsible for fixing it and the homeowners association would be liable. He asked if the Oxbow Cove homeowners or the city would share in the unknown cost. The West Mississippi Watershed Management Commission wet pond standards specify a twenty foot wide minimum vegetative area with thirty foot wide average width buffer strips adjacent to the wetlands and water course. It also requires erosion control using best practices consistent with the NPDS construction permits. He stated that he feels it would be prudent to have the required watershed review completed and approval completed before the Planning Commission recommends this for City Council consideration. He stated that he feels the developer should be required to post an unconditional bond for a period of time to cover any and all unanticipated repairs as a result of construction activity. He stated that changing the density for this development is not consistent with the Comprehensive Plan which requires lots to be 85 feet. Also, with the higher density of houses, and only one access point into Oxbow Cove, he stated his concern that another wild fire in the area could result in greater damage. The ghost plat for this property showed a development similar to theirs that would support their price point. The proposed density increases will have a direct impact on them. He reiterated his concerns and would like those concerns dealt with, along with requirements that the architectural guidelines for style and color variation be adhered to and that the trail be widened to accommodate emergency vehicles. Janet Shallbetter, th Trail North, stated that after this development was introduced she did a map of all of the R4 neighborhoods in Brooklyn Park. On an average, there are about twenty homes per street access in R4 developments in Brooklyn Park. In Oxbow Cove there would be ninety five homes with one access. She stated that she feels this is a safety concern that everybody should be concerned about and that the City is taking too many steps away from precedence and conventions to make this realistic. Seeing no one else approach the podium, the public hearing was closed with comments confined to the Planning Commission. Planning Director Sherman stated that a ghost plat is always a concern because the City asks adjacent property owners to address how that property could develop in the future. The ghost plat has no standing as the property is not owned or controlled by them. They are just asked how it fits. The ghost plat actually had a second access point and it went right through or adjacent to the Shallbetters lot. There is no way to get a second access into this development without crossing Hennepin County park land or someone s private lot. Commissioner Cupka asked the applicant if there would be an escrow account or how the common areas would be maintained through the Homeowners association and also if they want to address the resident concerns. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 3 of 11

15 DRAFT UNAPPROVED MINUTES Dean Hanson re-approached the podium. He stated that though there is some grading for one of the property owners lots in Oxbow Creek, the shoreline is not changed or touched nor is the buffer area changed or touched. There will be monthly dues for the association for upkeep of the common areas. Senior Planner Larson explained that originally there was an almost-empty wetland area which was partially dug out for a pond for the Oxbow Creek neighborhood. Now the same thing is occurring for the new Oxbow Cove development, and a pond is being dug out, utilizing the rest of that wetland area. Bob Molstad, project engineer with Sathre Bergquist, approached the podium. He stated that he was also the project engineer for the Oxbow Creek project and is very familiar with this process. They are going through the same process with the DNR that they did for the Oxbow Creek pond. They create a buffer strip and leave that strip in place, and they will be connected by two submerged pipes to level it so the water can move back and forth between the two. The work they plan to do will be submitted to West Mississippi and reviewed and approved. He stated they have been discussing it with them for the last two to three weeks. Commissioner Cupka asked if the one entrance access has been addressed with Police, Fire, and other safety personnel. Senior Planner Larson stated yes. Commissioner West-Hafner asked what percentage of the houses in the front of the development would be affected by the FAA and what those potential home styles might look like. Bob Molstad stated that at this point they have made one application to the FAA putting a dot at the center of the entrance and that came back negative. As they move forward they will do a dot on each home and provide a lot elevation from a reference ground elevation to see if any of them fall into the thousand foot restricted area. Commissioner West-Hafner asked if the developer will need to get permission from the homeowner and the association to grade on the one property that requires it. Nathan Fair approached the podium and stated they do and they have gotten permission from the homeowner to grade on their property. Their understanding is that they do not need an ok from the association. Planning Director Sherman stated that the City actually has a drainage and utility easement over the entire pond including rear yards and points beyond that. Grading that goes over the property line is actually within the easement that the city holds for the storm water. The City believes it has that right as maintenance of the pipes and the area is done within that easement. City Council Liaison Jordan asked Commissioner Schmidt, as the former Fire Chief, about any concerns he may have regarding the access at the entrance or around the park. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 4 of 11

16 DRAFT UNAPPROVED MINUTES Commissioner Schmidt stated that he sees no issue as he assumes these are designated city streets that meet the required city requirements as far as width and are designed to allow for full sized fire equipment to get around on all the streets. If for some odd reason the main entrance would be completely blocked, which he stated he has yet to see in his 41 years in the fire service, he has yet to see that they have not been able to gain access. Senior Planner Larson stated that the trail connection at the southwest corner of the site is typical of other city trails which are ten feet wide and drivable if it does have to be an emergency exit for the neighborhood. Commissioner Schmidt recapped the Shallbetters concerns to make sure he understands them correctly. Janet Shallbetter approached the podium and stated that they have three ponds within their home owners association as opposed to just the one and they are concerned that if the new pond connects to their ponds they have the potential to either flood all three of the Oxbow Creek ponds or to dry out all three of them. She stated that the new pond is actually encroaching on their land and the pond now exists in their neighborhood. When the water quality is not correct, are they supposed to pay for that because it is encroaching into their land? She stated that the City Engineer told them the pond could not attach to theirs but now it is. Dan. Shallbetter approached the podium. He stated that the proposed pond design is actually extending beyond the lot lines that are on the north edge. His certified plat on his parcel of land shows that as a thirty foot wide piece of land property. The grading easement they are after so that they can dig their pond out and expand that strip is not possible without filing for a Variance if they expect to be able to maintain that buffer zone. When they met with the developer of Oxbow Creek they were told the City is going to tell you there are easements on your property but that is not the case. He stated that his lot lines extend into the pond. His certified plat shows an easement for drainage on the north end of the lot line. It is the only easement shown. He stated that there are just fewer than three hundred homes in their association, which they took over in October. They have a $30,000 fee that they pay on an annual basis to support their ponds and that cost is being born solely by the Oxbow Creek West development. This pond could adversely affect the water quality of their pond and there would be no ramifications or actions they could take against this developer. MOTION SCHMIDT SECOND WEST-HAFNER TO RECOMMEND APPROVAL OF REZONING THE PROPERTY FROM URBAN RESERVE DISTRICT TO DETACHED SINGLE AND ATTACHED TWO FAMILY RESIDENTIAL DISTRICT AND CONSERVANCY DISTRICT SOUTHEAST OF OXBOW CREEK DRIVE BETWEEN 105 TH TRAIL AND MARYLAND AVENUE. MOTION PASSED UNANIMOUSLY FRIENDLY AMENDMENT MOTION WEST-HAFNER TO ADD THAT THE BUFFER BE ENLARGED AND THAT THE POND STAYS COMPLETELY ON THEIR OWN PROPERTY AND NOT BE CONNECTED TO THE OTHER PONDS. MOTION PASSED UNANIMOUSLY Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 5 of 11

17 DRAFT UNAPPROVED MINUTES MOTION SCHMIDT, SECOND WEST-HAFNER TO RECOMMEND APPROVAL OF PRELIMINARY PLAT OF OXBOW COVE SUBDIVIDING THIRTY NINE POINT FOUR NINE ACRES INTO NINETY FIVE SINGLE FAMILY LOTS, ONE ASSOCIATION LOT, AND FOUR OUTLOTS SOUTHEAST OF OXBOW CREEK DRIVE BETWEEN 105 TH TRAIL AND MARYLAND SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION AND THE ADDITION OF THE FRIENDLY AMENDMENT. MOTION PASSED UNANIMOUSLY Vice Chair Trapp stated that this application will be considered by the City Council on November 25, B. Dan Keil- Case# Variance for a zero-foot setback from the north property line for a concrete pad and shelter at 6924 Kentucky Av N Senior Planner Larson stated that the concrete pad and structure on this property have to be a minimum of five feet from the property line and they are not; they are almost on the property line. Staff is recommending denial of this because the property owner can make this conform to regulations by moving the items five feet from the property line. Dan Keil, the applicant and property owner, stated that in 2008 he poured the ten foot by forty seven foot shuffleboard court, which is regulation size. That needed to extend to the property line to be the right size. In 2009 they found that with any rain or freezing the shuffleboard court turned into an ice rink. He applied for a permit to add a pergola cover. He was granted a permit for the construction and built the pergola. In 2011 he saw that he still had another area where he could add something so he added a badminton court, which needed to be forty four feet long. In 2013 he got a notification from the City that he might be in violation of the setback requirements. He stated that it would be difficult to change the size of the courts as their functionality would be reduced by changing their dimensions. Also, the drainage would be an issue as the yard drops down in the area he would have to move this to. He is asking that he be able to keep things as they are. Vice Chair Trapp opened the public hearing. Seeing no one approach the podium, the public hearing was closed with comments confined to the Planning Commission. Commissioner West-Hafner asked the applicant what it would cost to re-do the concrete for moving the courts and he stated he did not know. She asked him if our building inspector told him about the setback issue and he stated that he was not told anything about that and the permit was granted. Commissioner West-Hafner asked if the City received a complaint call and Senior Planner Larson stated he did not know if Code Enforcement received a complaint call but that he did receive a call after the public notices went out. He told the person that they needed to send in an or attend the meeting to give their opinion and neither of those things happened. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 6 of 11

18 DRAFT UNAPPROVED MINUTES Commissioner Russell asked staff what additional information they would need that the applicant did not provide to get approval for this, or why did staff recommend denial of this application. Senior Planner Larson stated that staff felt that the shuffleboard court could be moved. There is also no plight to the landowner, and it will not cause an eyesore in the neighborhood if it is moved. Also, because it is cheaper and easier to leave it as is does not make it right. Commissioner Schmidt stated that the applicant got a permit and it was approved so Commissioner Schmidt stated that in his mind the City gave him approval. Commissioner Trapp stated that he agrees with Commissioner Schmidt MOTION WEST-HAFNER SECOND RUSSELL TO RECOMMEND APPROVAL OF A ZERO FOOT SIDE YARD SETBACK FOR A PATIO AND STRUCTURE AT 6924 KENTUCKY AVENUE NORTH. MOTION PASSED 4-1 WITH CUPKA DISSENTING Vice Chair Trapp stated that this application will be considered by the City Council on November 25, C. Mark O Connell (Broadway Pizza)- Case# Conditional Use Permit for a full service estaurant and bar and exterior patio at 8525 Edinburgh Ctr Dr Senior Planner Larson stated that this request is a two-part request for a Class II restaurant with full bar service and for exterior improvements to put on a patio on the south side of the building. The patio would take up about six or seven of the parking spaces on the south side of the building. Staff is recommending approval with two conditions. The first condition is that the plans must conform to the plans just completed and the second one is that music needs to be turned off after 10:00 p.m. Mark O Connell, the applicant, stated that they are excited to bring Broadway Pizza to Brooklyn Park. Commissioner Schmidt stated that this is going to be a really nice addition to this shopping center and to this area. Commissioner Russell asked how late they would be open and if they plan to have music there. Mr. O Connell stated that they plan to have piped-in music, fairly quiet, with basic background music that would be channeled out into the patio area. Jim Kruizenga, President and CEO of Broadway Pizza, stated that Mr. O Connell went over and met with a number of neighbors along 85 th Avenue and got favorable response. He stated that they expect during the Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 7 of 11

19 DRAFT UNAPPROVED MINUTES week to be open until 10:00-10:30 pm. and the bar will close between 11:00 p.m. and midnight. He stated that they are not a 2:00 a.m. bar. The hours on the weekends will be a little later dictated by business. Vice Chair Trapp 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 CUPKA TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT FPR A CLASS II RESTAURANT AND EXTERIOR IMPROVEMENTS TO 8525 EDINBURGH CENTER DRIVE NORTH SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION PASSED UNANIMOUSLY. Vice Chair Trapp stated that this application will be considered by the City Council on November 25, D. Conor Commercial (Park Commerce Center)- Case# Comprehensive Plan Amendment to reclassify land for Business Park uses at 6648, 6656, 6700, and 6716 West Broadway Senior Planner Larson stated that this request is for dividing seven and a half acres of land between West Broadway, Bottineau Boulevard and Highway 94 from high density residential to Business Park. If this is approved the applicant would go forward with getting Metropolitan Council approval and then develop a plat, a rezoning request, and a site plan review to construct a building. Since this is just a concept plan things can shift around and change, but staff has this working draft so far. The four parcels that make up the seven and a half acres were once guided for industrial uses. The last comprehensive plan re-guided it to high density housing which is anywhere from nine to twenty five units per acre. This will change the zoning back to what it was for many years. Amy Rzepka, 9550 West Higgins in Rosemont, Road Illinois. Amy stated that their company, Conor Commercial Real Estate, is part of a larger parent company called the McShane Companies, which is owned by Jim McShane. She stated that they propose to close on the land by the end of the year and have a permit in hand by April or May. Their proposed construction timeline is about six months with building completion by October or November of They propose to develop a 120,000 square foot facility with about a twelve percent office finish, with twenty docks, two drive-in doors and one hundred and eleven parking stalls. They have oriented the building so that the docks face east, away from the residential neighborhood across the street. Truck access coming from Highway 694 would go north on Highway 81 and follow west down West Broadway and they would access the site at the southernmost entrance, looping around the back of the building. Trucks would exit the building on the north side of the building and go north on West Broadway back to Highway 694. She stated that they held a neighborhood meeting to get feedback to help in the design process. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 8 of 11

20 DRAFT UNAPPROVED MINUTES Todd Mohagan, Mohagan Hanson Architectural Group, 1000 Twelve Oaks Centre Drive in Wayzata, stated that neighborhood concerns were lighting, signage, and traffic. There is some congestion with Modern Avenue and West Broadway, which they do not anticipate to be any worse. The high traffic load is in the mornings and evenings, during rush hour, and the trucking vehicles will structure their time around that. There will be all cutoff lighting and the signage will be further north and closer to the freeway than O Reilly so that should not be a big issue. They will have berming and trees along West Broadway and along the residential area to the south. There will be a pond area along the southeast corner of the site. The proposed architecture is a pre-cast metal siding that will be stained. Parking is adequate for probable bulk distribution or warehouse use. The building will most likely have only one or two tenants in it. Vice Chair Trapp opened the public hearing. Jackie Wright, 6624 Lakeland approached the podium. She stated that she attended the neighborhood meeting and her concerns are that on the east side of the building there are twenty bays that can each accommodate a semi-truck that will be unloading, the noise is already loud, and the lights are a concern. Sometimes the windows shake just from the trains going by O Reilly s. The traffic on West Broadway is already busy and the noise travels. She stated that she feels there should be a berm there that would absorb the noise level as well as the lights. There should also be a fence that would be more than just a line of trees. She stated that another concern is bright lighting like O Reilly s as well as noise similar to their public address system. Randy Kemp, 6649 West Broadway, approached the podium. He stated that he is opposed to this project because this is a residential area and it should stay a residential area. There are a lot of children in the area and traffic is very heavy, especially during rush hour times. He stated there is plenty of business space to lease over on the other side of Highway 694. He asked what part of the taxes the residents would have to pay with the heavy use of the road. Seeing no one else approach the podium, the public hearing was closed with comments confined to the Planning Commission. Commissioner Cupka stated that he attended the public meeting and he thought it was pretty well received. He stated that this property will be developed by somebody and he has been involved in a couple of other attempts to develop this land and this is as good as any he has seen. Current zoning would allow this property to be more apartment buildings which he stated he does not think would be a better use for the site. The way the applicant has dealt with the berms and setbacks, they are trying to do the best they can. The front of the proposed building is set pretty far back from the nearest house on the west and though a 120,000 square foot building sounds big, it is not that big in the realm of industrial buildings. Commissioner Schmidt asked if the berming was addressed in the neighborhood meeting. Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 9 of 11

21 DRAFT UNAPPROVED MINUTES Amy Rzepka re-approached the podium and stated that they did address the tree line on the east side of the facility. There are currently trees that exist and they talked about layering some shrubs in there also to reduce the noise pollution and glare from the lights of the trucks. She stated that she can look into the possibility of also putting in a berm. Planning Director Sherman stated that the only action being decided at this meeting is the action on the Comprehensive Plan. City Council Liaison Jordan stated that he also attended the neighborhood meeting and there were twenty to twenty five people there. He stated that traffic was the biggest concern especially where Modern Road met with where the trucks would come out. The issue was addressed very well by the applicant s team. Trees and berming was also discussed and as the residents talked about it, it was more of an attitude that they were resigned to it because the alternative to it would be apartments and they really did not want that. MOTION SCHMIDT SECOND CUPKA TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT # RE-GUIDING 7.45 ACRES FROM HIGH DENSITY RESIDENTIAL TO BUSINESS PARK SOUTH OF I-94/694 BETWEEN WEST BROADWAY AND COUNTY ROAD 81. MOTION PASSED UNANIMOUSLY. Vice Chair Trapp stated that this application will be considered by the City Council on November 25, DISCUSSION ITEMS A. Planning Director Sherman stated that there is a meeting in the City Council Chambers tomorrow night between 4:00 p.m. and 7:00 p.m. regarding the 169/610 traffic study 8. OTHER BUSINESS A. Approval of Minutes- October 9, 2013 MOTION WEST-HAFNER, SECOND RUSSELL TO APPROVE THE MINUTES FROM THE OCTOBER 9, 2013 PLANNING COMMISSION MEETING. MOTION PASSED UNANIMOUSLY. 9. INFORMATION ITEMS A. City Council Liaison for November 25, 2013 Meeting - Trapp Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 10 of 11

22 DRAFT UNAPPROVED MINUTES Commissioner Trapp is not needed for the November 25, 2013 City Council meeting. 10. ADJOURNMENT VICE CHAIR TRAPP ADJOURNED THE REGULAR BROOKLYN PARK PLANNING COMMISSION MEETING. Adjournment at 9:12 p.m. Respectfully submitted, Kathy Valez Planning Assistant Planning Commission Meeting Minutes November 13, 2013 Regular Meeting Page 11 of 11

23 Brooklyn Park Planning Commission Meeting November 13, 2013 RE: Oxbow Cove- Case# Pond Concerns The purposed pond design is dependent on the developer obtaining a grading easement from an adjacent property owner. This owner is a member of the Oxbow Creek West Homeowners Association as such, homeowners are currently bound to certain covenants and restrictions, the sections listed below I feel pertain directly to this matter: Section 7.2 states; no lot nor any part of the common property may be subdivided, partitioned or converted to other use without prior approval by the owners at an association meeting, any governmental authorities having jurisdiction over the property and first Mortgage holders on any lot affected. Section 7.13 states; a 20 foot wetland buffer has been established in the rear yards of lots abutting wetlands, whether located on a lot or on common property and whether natural or otherwise shall be maintained in substantially the same condition as originally established, subject only to (i) changes authorized by the association consistent with all statues, requirements, rules and regulations imposed on such areas and items by governmental authorities having jurisdiction over the property. Section states; Except as expressly provided in this section 8, no improvements shall be commenced, erected or maintained, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the improvements shall have been approved in writing by the board or a committee appointed by it. Notwithstanding the foregoing, Developers written consent shall also be required for improvements for so long as the developer owns a lot for sale or has the right to add additional real estate to the property. My concern is that Brooklyn Park's endorsement of this plan would be in violation and potentially create a legal exposure for the city. The large pond in Oxbow Creek West 2nd addition currently provides storm water runoff for 88 homes. This pond uses 3 sediments ponds to filter pollutants. In our six years of living on the pond we have witness numerous water infringements into the large pond as a result of the sediment ponds exceeding the design limits, after various wet periods. By comparison, it is my belief that the proposed pond design with no sediment ponds and much smaller surface size is designed to the minimum standards and as such would frequently overflow into the adjacent Oxbow West large pond, adversely affecting the water quality. Water quality in this pond is currently monitored by the Volunteer Wetland Health Evaluation program. The purpose is to protect the Federal wetland ponds to the north that Oxbow West pond connects into. Micro-organism and aquatic vegetation are tracked as part of this program. If levels exceed the guidelines the pond

24 owners are responsible to fix the issue. The Oxbow Creek homeowners association would be liable, will Oxbow Cove homeowners or the city share in the unknown cost? Burdening the association for matters beyond its control is unfair. The West Mississippi Watershed Management Commission Wet Pond Standards specify 20 foot wide minimum vegetation areas with 30 foot average widths buffer strips adjacent to wetlands and watercourses. The Pond standards also require erosion control using Best Management Practices and consistent with the NPDES Construction Permits. This has been totally disregarded by builders building around the Oxbow Creek West pond and not enforced by any governing body. I feel it is unrealistic to think that any additional care and due diligence will be practiced to prevent construction sentiment runoff into our pond. In July of 2013 the 2 year and 100 year rainfall totals were revised, it appears the purposed plan is using the old standards? I feel it would be prudent to have the required Watershed review completed and approval completed before the planning commission recommends this for the city council consideration. Will dewatering the Oxbow Creek pond be required to install the connecting drain pipes? What assurance do we have that this work will not affect our pond water level, water quality or aesthetic properties? I feel the Developer should be required to post an unconditional bond for a period time (i.e. $100,000 for 10 years) to cover any and all unanticipated repairs as a result of construction activity. Zoning and Density level concerns The League of Minnesota Cities information memo titled Zoning Guide for Cities states: In cities subject to the Metropolitan Planning Act, zoning directives must harmonize with and not contradict the city's comprehensive plan. The Brooklyn Park 2030 Comprehensive Plan prepared in February 2008 shows this property as low density residential. Current and past practices in Brooklyn Park define low density housing with minimum lot widths of 85 feet. Changing the density is not consistent with the recently developed surrounding neighborhoods consisting of the larger lots required by the city at the time of the development. The purposed smaller lot size restrict house styles that can be built, restricting style variations creates a neighborhood of uniformity depressing the market values and tax basis. House with backyard exposure such as those along the pond should require style and color variations as part of the zoning requirements. A few years ago a house fire approximately a block south of this development spread quickly across the park between these two developments, the fire was contained by Douglas Drive acting as a fire break. My concern is given the higher density of houses and only one access point into Oxbow Cove we could experience another wild fire with greater damage.

25 Related Concerns We moved from Plymouth In 2007 selecting our lot based on several factors. Homes selling in Oxbow Creek West phase 1 above $700,000, phase 2 being marketed as "Executive Homes" and a ghost plat of the purposed development showing a neighborhood similar to Oxbow Creek West that would support our price point. We specifically selected our lot based on its southern exposure. The house was designed to be passive solar based on the ghost plat projections of larger lots, bigger rear setbacks, projected elevations and wider spaces between houses. Our rambler style horne was also designed to be handicap accessible with the hopes of aging in place. The purposed density increases will have a directly impact on us. In a recent article, city officials were quoted as questioning if the current landowner was given special consideration in a previous matter. I would ask that the city consider all of its residents when making this decision. Conclusion In closing I am requesting the following: Pond to be relocated located entirely within the boundaries of the parcel Final approval of pond design by West Mississippi Watershed Commission prior to council recommendations Enforcement by the city on the required erosion controls Bonding to protect the interest of the homeowners association Density levels as originally shown in ghost plot Expanded architectural zoning requirements for style and color variation Secondary emergency egress access by expanding the park trail width to accommodate emergency vehicles These notes become part of the public record regarding this matter. Respectfully submitted, Daniel Shallbetter th Trail North. Brooklyn Park, Mn