Regular Meeting Agenda

Transcription

1 1B PLANNING COMMISSION Regular Meeting Agenda TH AVENUE NORTH BROOKLYN PARK MN PHONE (763) FAX (763) Wednesday, March 14, :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 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. Approval of Minutes- February 14, 2018 minutes 6. PUBLIC HEARING A. Noble Acres 4 th Addition (Estate Development Corporation) - Case# Preliminary and Final Plat to re-plat one existing lot and one outlot into three single family lots Location: th Avenue North and and Major Avenue North

2 Staff Report: Todd Larson B. AAA Movers Incorporated- Case# Conditional Use Permit for truck storage on the east side of the building Location: 8201 Brooklyn Boulevard- Suite 100 Staff Report: Todd Larson C Comprehensive Plan- Citywide update to the Comprehensive Plan Staff Report: Cindy Sherman 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 DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING February 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, Kisch, Mersereau, Morton-Spears, and Vosberg; Senior Planner Larson; Planning Director Sherman; Council Member Jacobson Those not present: Commissioners Jackson and Schmidt 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION MERSEREAU, SECOND VOSBERG TO APPROVE THE FEBRUARY 14, 2018 AGENDA. MOTION CARRIED UNANIMOUSLY. 5. CONSENT A. Approve January 10, 2018 Planning Commission minutes. MOTION FLETCHER, SECOND MERSEREAU, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 6. PUBLIC HEARING A. Gymnastic School- Case# Conditional Use Permit for a commercial indoor recreation facility at 8201 Brooklyn Boulevard Senior Planner Larson stated that under the Commercial indoor recreation facilities category the smaller users are considered a permitted use and the larger users are considered a conditional use. This particular user will use almost 26,000 square feet but will have very little impact on the site in the way of parking, access, and things like that. Most of their business is in the evenings and on weekends with a little bit in the mornings. Their business should not interfere with other businesses there. There are also limits to what is allowed there and they would not be able to have big events like meets, tournaments, shows, things like that. Staff is recommending approval. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 1 of 9

4 Mr. Larry Gleason, owner of this business, approached the podium. He stated that he resides at 4151 Beaver Dam Road in Eagan Minnesota. He stated that they are in their fifty first year of business and have two locations, one of them in Eagan and the other in Maple Grove. In addition to their recreational program they have a history of many national level and international level competitors. Commissioner Chair Hanson opened the public hearing. Hassanen Mohamed, 6589 Douglas Drive, approached the podium. He stated that he wanted to say welcome and thank you to the applicant for bringing this facility closer to his home. He stated that his daughter has taken gymnastics classes for years and the facilities she has been going to are farther from his home. This closer facility is something that he looks forward to. Seeing no one else approach the podium, Commissioner Chair Hanson closed the public hearing. Commissioner Vosberg asked if there was lighting and security there in the evening. Senior Planner Larson stated that yes, the building is lighted, but whether it is lit all night is a question for Matt Allen with Industrial Equities. Matt Allen, st Avenue North, approached the podium and stated that yes, the building is lit through the night, and the lighting meets the Brooklyn Park code. Commissioner Kisch asked if there were any future plans to add any foam resi pits or anything like that which could require a slab or any demolition, to better train the gymnasts long term. Mr. Gleason stated that they have a training pit filled with foam that is six feet deep at both of their locations. They would like to duplicate that same pit at this new location. Commissioner Mersereau asked if there is a locker room or is a bathroom adequate for that facility. Mr. Gleason stated that their other locations do not have locker rooms and they do not plan for any here as the bathrooms they have planned for this facility are about double what they have presently. MOTION FLETCHER, SECOND MERSEREAU TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT FOR AN INDOOR RECREATION FACILITY OVER 2,450 SQUARE FEET AT 8201 BROOKLYN BOULEVARD SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY. B. 610 Zane Retail Center- Case# Site Plan Review and Conditional Use Permit for a multi-tenant retail building with a drive-thru at th Avenue North Senior Planner Larson stated that this site is at the southwest corner of 94 th and Zane Avenue, just south of the Hy-Vee gas station and convenience store and is approximately one acre in size. This site was shown a few months ago when the Planning Commission discussed the Mill City Credit Union application, which was City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 2 of 9

5 approved. The development plan showed how access to the site comes from a shared private driveway system connecting 94 th and 93 rd Avenue to the site. The proposal is for a 9,000 square foot multi-tenant retail building with a one-way drive around back for a drive-thru window at the north end of the site. The building will be of a brick and block design with a little bit of EFIS which does the meet the city design requirements for building materials. Staff is recommending approval with just a few small tweaks in the site plan for trash cans, benches, and such. Patrick Daly with Ryan Companies stated that he is one of the developers responsible for the retail portion of 610 Zane. He stated that he and his project manager are available to questions and address comments. Commissioner Chair Hanson opened the public hearing. Cathy Mazzacano, 9228 Woodhall Bay, stated that her concern about this proposal has to do with the infrastructure in this area and the traffic conditions that already exist and will be exacerbated by this development. She stated that the level of traffic coming in and out on 94 th Avenue is already a problem and there is not a traffic light now and there will not be one. There will be an apartment going in on the other side of Zane that will contribute to the traffic and now the other buildings will be going in on the west side. She stated that she is not sure a traffic study will take into account human nature. If the exit from Hy-Vee onto Zane is changed to a right turn only then people coming out of 94 th Avenue onto Zane will just zip out, cross over two lanes of traffic, go up to the corner at 93 rd Avenue and do a U-turn. David Epding, 9228 Woodhall Bay, stated that he narrowly missed two accidents coming southbound on Zane at that intersection because someone pulled right out in front of him and stopped dead because they couldn t turn. He stated that he ed Senior Planner Larson about the new apartment project. He stated that he does not agree with anymore retail for this area. He stated that the exit should never have been put on Zane, it should have gone through Colorado and right hand turns are not going to solve anything. Seeing no one else approach the podium, Commissioner Chair Hanson closed the public hearing. Commissioner Hanson stated that the Planning Commission spent a lot of work session time talking about traffic late last year as they see that as a problem in our community. Due to the growth of development, this is one of the areas that the city traffic engineer is looking at and will continue to look at. The increase in traffic levels the traffic engineer needs to see have to meet a certain threshold and the decisions about any changes are actually made by the Metropolitan Council. She stated that the Planning Commissioners see the issues and the city engineer does also, but there are legal issues as well as funding issues that have to be worked out to make any changes possible. Senior Planner Larson stated that city staff and the county do traffic counts and every time they get reports of concerns they put more attention to that. Every time the traffic goes over a certain number that was set forth in the environmental review they make note of that to help determine when changes need to be made. This summer the median at 94 th Avenue will be restricted and people will not be able to make a left out turn. There will also be some temporary improvements to 93 rd Avenue for now. When the Trident Development application went before the city council for approval there was quite a bit of discussion about traffic. City staff will be meeting with the county and the city council at a work session early this summer to talk about traffic on 93 rd Avenue and moving this area up in the capital improvement plan to fund the project a lot sooner than expected. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 3 of 9

6 Planning Director Sherman stated that Colorado Avenue will be signalized at some point in the future. The intention is to direct traffic out to Colorado to make the left onto 93 rd and then up to Zane as the only option. At some point 94 th Avenue will be extended up to Hampshire which will be another alternative for people that are going north up over 610 and down to Oak Grove Parkway. Commissioner Hanson stated that where traffic comes out by the Hy-Vee gas station it is a right only there but she gets gas there a lot and a lot of times she sees people make a right out and immediately make a U-turn to go out to Zane Avenue. She stated that she would like to see the median made longer because there are a lot of safety issues she sees along with that. Commissioner Mersereau asked if it might be possible to work with Hy-Vee and would it be legal to make that a no exit driveway because people can exit around the gas station. She asked about the item in the report stating they would have decorative bike racks and what decorative bike racks would look like. She also asked if the 610 Zane design guidelines define what that is. Senior Planner Larson stated that the question about the Hy-Vee traffic can be talked about at a work session. He stated that there is nothing in the design guidelines that defines what a decorative bike rack would look like. Commissioner Mersereau asked about the signage at the northeast corner of the lot which is the southeast corner of the intersection. She asked for verification that the sign is not intended for users at this building because the report says that it will be used for future owners to the west. Senior Planner Larson stated that Ryan Companies intends that sign to be used for tenants that do not have exposure to Zane Avenue, which these businesses will have. They will be able to use their wall frontage for exposure on Zane Avenue. There were no special signage provisions in the development plan other than a couple of signs up along 610. Because of that, users would need to follow the standard B3 sign requirements, which is one free-standing sign per property. Ryan has restricted who can use this sign. Commissioner Kisch stated that he would like to strike the language that says the sign is not intended for users in this building per the development plan. It would still contain the wording that only one sign is allowed. He asked if the language that talks about window awnings being used for signage is intended for future flexibility for tenants or what the applicant is intending. Senior Planner Larson stated that there is always confusion about window awning signage and whether it is counted as part of your allowed signage. The wall signage limit is ten percent of the frontage and the awning signage would count as a part of that. Commissioner Kisch stated that there is a section of the zoning code that relates to building facades along public right-of-ways and street frontages. Even though the building has a drive-thru between it and Zane he stated that he believes this is a public right-of-way that presents a front and the code talks about having windows. This would go beyond just a Class I or Class II composition. He stated that he has questions about what is spandrel glass versus clear glazing and he would like clarification on why certain sections are called out as spandrel versus clear glazing. He stated that he would propose that where the brick portions of the building along Zane butt out and there are those infills with rock face block that those actually be spandrel to give the illusion of glazing to break up that façade. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 4 of 9

7 Mr. Daly stated that Senior Planner Larson and Ryan Companies have had several discussions regarding elevations, the mix of materials, and meeting specific requirements called out by the code. The version being discussed now is version four or five and he stated that he believes they are delivering a Class A product. They have a user that requires a level of privacy for what is happening inside and they are calling out the spandrel glass in certain areas and not in others since it is use specific. Rather than just having a frontage or a side of the building that is block or brick they think from an aesthetic standpoint it looks better to have at least an appearance of glass. Commissioner Kisch stated that design guidelines are somewhat subjective and open to interpretation and his interpretation is that as a public right-of-way it needs a little bit more articulation and he would still advocate for additional spandrel on east side of the building along Zane. Mr. Daly stated that part of the discussion with staff was also that there would be screening and that on the rear façade there would be mirrors and service doors and it would be considered more of a back of the house. He stated that he is a little confused about why they are now talking about maybe making this more of a glass storefront type look in the back of the building. Commissioner Kisch stated he sees screening landscaping that falls within what might be called a spandrel system for the electrical and gas meters in only one location. He stated when he looks at the civil plans that are referenced there he does not see any landscaping as screening other than shrubs that would not screen the meters that will up on the building a little bit. Commissioner Fletcher stated that the eastern face is really a front face onto Zane and he agrees with wanting to have a better look to that face. He stated that maybe there is an opportunity for something more coniferous for year around screening than the perennials which are mostly what are shown. He stated that he does not really see any articulation in the east face and he asked Mr. Daly if there is brick articulating out and off the rock face a foot or is there any sort of depth to the east face or is it just flush the whole way. Mr. Daly stated that the architect tried to create the illusion of some shadowing to at least give the perception of some depth there. He stated that there is articulation of somewhere between one to two feet but he is not sure of the exact number and that this was a staff requirement. Commissioner Fletcher stated that he would like to amp up the landscaping on that side, especially right in front of the meters. He asked about the lighting by the trash cans as he stated that he only sees two lights there which could be a safety issue, especially if employees need to go out there late at night. Mr. Daly stated that they do meet the lighting requirements but he would ask that Mr. Larson or Ms. Sherman speak to that. Planning Director Sherman stated that when planning staff was looking at the materials being used on the building they took into account that it is 120 feet from the right-of-way to the back of the building. If this building is compared to the Park Place Promenade buildings, which are only about twenty five feet from the curb line, they are much closer than this building will be. She stated that to answer the question about the lighting for the trash enclosure, with the lighting from the street and from the parking lot it should be fine. Commissioner Vosberg asked if there will be a sidewalk from north to south along Zane. The building and Zane City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 5 of 9

8 Avenue are separated by the storm water basin so the pedestrian Senior Planner Larson stated that there is a multi-use trail running along Zane Avenue right now and that is staying. The building and the site are separated from Zane Avenue by the storm water basin so the pedestrian connection to this site and to the other users will not come directly from Zane, it will come from 94 th Avenue. Commissioner Vosberg asked if there would access to the west along 94 th Avenue on some sort of trail also. Senior Planner Larson stated that there is a sidewalk on the south side of 94 th Avenue which pedestrians would take to access the west side of this building with a pretty direct access. Commissioner Vosberg asked if there is a sidewalk on the north side of 94 th Avenue. Senior Planner Larson stated that the north side has the multi-use trail. Commissioner Vosberg asked how someone would get across the street to the strip mall on the other side of Zane and if they would need to go up to 93 rd to the stoplight. Senior Planner Larson stated that it would be the safest way to go. Commissioner Vosberg asked if there is any intention of adding a crosswalk or any type of access to bring those areas together. Senior Planner Larson stated that staff talked with Hennepin County about where a good spot for a bus stop would be when Metro Transit made some adjustments to the 722 bus to bring service to this area. The temptation is to have the bus stop on 94 th and then running directly across the street but staff really wants them to have the stop at 93 rd for a safe crossing. Commissioner Vosberg stated that with the new apartments and businesses coming to the area and trying to make this a walkable community the city is creating a barrier road so that if a person lived in those apartments they would have to drive to get to Hy-Vee or other places over there. Senior Planner Larson stated that when 93 rd is re-built there will be sidewalks, trails, and bike lanes or however the design lays out but there will be east west pedestrian on both sides of 93 rd Avenue. One of the conditions in this application is that this pedestrian connection along the west side of the building also continues to the south. Whenever that user comes in they will be able to make the link down to 93 rd Avenue so that if people are coming from neighborhoods to the east or south that are crossing at 93 rd they can come up that way. Commissioner Vosberg asked if there would be a bus shelter at the bus stop. Senior Planner Larson stated that they are expensive to build and maintain so what they do there will be determined by the ridership at that bus stop. MOTION FLETCHER, SECOND HANSON TO RECOMMEND APPROVAL OF SITE PLAN REVIEW AND CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL BUILDING WITH A DRIVE-THRU AT TH AVENEUE NORTH SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 6 of 9

9 Commissioner Kisch stated that he does not feel this meets the intent of the design guidelines with this business so he will not be supporting it for the design. He stated that he thinks the use will benefit the community as a whole. MOTION CARRIED 7-1 WITH COMMISSIONER KISCH VOTING NAY. Planning Director Sherman stated that staff would remove the language in condition 9 that Commission Kisch had asked to have removed regarding the sign. 7. DISCUSSION ITEMS A Work Plan Planning Director Sherman stated that after the work that was done with the planning commission chair as well as with the other commissioners and liaisons from the other committees and commissions, a new form will be used by all committees and commissions for their work plans. She stated that development is a top priority for the planning commission, but she has also included a lot of their work session discussion items on the work plan and has laid out a timeframe for them by quarter. As discussion happens throughout the year, others items can be added to the work plan. MOTION HANSON, SECOND MERSEREAU TO APPROVE THE WORK PLANS THAT ARE STATED IN THE REPORT PRSENTED. MOTION CARRIED UNANIMOUSLY. 8. OTHER BUSINESS A. Adoption of work rules Commissioner Chair Hanson stated that a task force was put in place that included several of the commission chairs and city council members who have been meeting over the past year. The intent was to better align all of the commissions together to make sure that the appointment of commissioners are on similar schedules and that the bylaws and work rules are similar as well as to meet the goals not only of the commissions, but also of the city and Brooklyn Park Commissioner Mersereau asked about the language regarding Roberts Rules of Order. Planning Directory Sherman stated that this document format has been the same for many years so she is not sure why it was written with this language originally but it was most likely done as a reference to Roberts Rules of Order without having to state them in full. Commissioner Mersereau stated that her recommendation is that on page five, number eight, which references the chair s statement at the beginning of each agenda, she would like to see the wording changed. She stated that it would be more accurate and would read better if it said Please be advised that the public hearings are recorded and broadcast live on cable television and web streamed over the internet at brooklynpark.org. Commissioner chair Hanson stated that she agrees with the changes. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 7 of 9

10 Commissioner Husain stated there is a correction on page four, number three, where the word officiers should be changed to officers. Commissioner Chair Hanson stated on that on page six, number twenty two, there is quite a large change to the previous language. She read the new wording of that item and stated that every year when they approve the work rules for the next year, she would like to start getting a report of the attendance. She stated that she thinks a copy should also be given to the City Council Liaison so there is an official way of notifying them. Planning Director Sherman stated that an attendance report for the entire year is included in the annual report. Additionally, a report is provided quarterly to the City Council. She stated that a copy can be provided prior to delivery of the annual report, when the work rules are up for approval each year. Commissioner Mersereau stated that she would also like to see the quarterly reports provided to the commissioner chair. Planning Director Sherman stated that the quarterly reports can be provided to the commission as part of the agenda. MOTION HANSON, SECOND KISCH TO APPROVE THE NEW BY-LAWS. MOTION CARRIED UNANIMOUSLY. B. Election of officers Election of Officers I) Chair- Hanson II) Vice Chair- Fletcher III) General Officer- Kisch MOTION MEREREAU, SECOND KISCH TO NOMINATE COMMISSIONER HANSON FOR CHAIR. MOTION CARRIED UNANIMOUSLY. MOTION HANSON, SECOND KISCH TO NOMINATE COMMISSIONER FLETCHER FOR VICE-CHAIR. MOTION CARRIED UNANIMOUSLY. MOTION HANSON, SECOND FLETCHER TO NOMINATE COMMISSIONER KISCH FOR GENERAL OFFICER. MOTION CARRIED UNANIMOUSLY. C. Appoint Liaison to Recreation and Parks Advisory Commission Planning Director Sherman stated that the commission meets on the third Wednesday of each month. The work rules require that a person be nominated to serve in that capacity. Commissioner Husain has been serving on that commission for almost a year on behalf of the Planning Commission. Commissioner Vosberg stated that she would be the liaison on the Recreation and Parks Advisory Commission. City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 8 of 9

11 D. Business Forward Advisory Board Representative Planning Director Sherman stated that the Business Advisory Board meets at 4:00 p.m. on the first Tuesday of the month for about one and a half hours and they typically do not meet in the summertime. This group formed a number of years ago and it consists of business representatives from within the community to give input on items that could affect the business community. As an example, when the sign code was being changed, it was discussed with this group to see how it would affect them from a business perspective. Commissioner Schmidt has served as the representative since the formation of the board. Commissioner Morton-Spears stated that she would serve as the liaison to the Business Forward Advisory Board. 9. INFORMATION ITEMS A. City Council comments Planning Commission Liaison Jacobson stated that she is also the City Council Liaison to the Business Forward Advisory Board. She stated that the items from the January 10, 2018 Planning Commission meeting were both approved. B. Commission Comments No comments. C. Staff Comments Planning Director Sherman reminded the commissioners that there would be no Planning Commission work session on February 28 th due to the work session with the City Council on March 5th at 6:00 p.m... There will be discussion about transit-oriented development regulations related to the station area plans. 10. ADJOURNMENT Commissioner Chair Hanson adjourned the meeting at 8:10 p.m. Respectfully submitted, Kathy Valez Planning Assistant City of Brooklyn Park Planning Commission Meeting Minutes February 14, 2018 Regular Meeting Page 9 of 9

12 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6A Meeting Date: March 14, 2018 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 4 Presented By: Todd A. Larson, Senior Planner Noble Acres 4 th Addition (Estate Development Corporation) - Preliminary Plat # to re-plat one existing lot and one outlot into three single family lots at th Item: Avenue North and and Major Avenue. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF PRELIMINARY PLAT # FOR NOBLE ACRES 4 TH ADDITION, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the plat with the conditions that are listed in the attached draft resolution. Overview: In 2005, the Noble Acres 2 nd subdivision was approved for 25 single-family lots. Included in that plat were some outlots intended for combination with adjacent properties in order to create additional single-family lots in the future. The 4 th Addition uses one of those outlots to create two lots for new single-family home construction along Major Avenue. A new lot is created to retain the existing house at th Avenue. Utilities services are installed to all three lots currently. The existing home is on well and septic, which appears to be working properly, and may remain as-is until either fails per City policy. The new homes will be hooked up to City services. Some fill will be brought into the site to create better building pads. There is a gap in the sidewalk along the south side of 109 th Avenue between Noble Avenue and Noble Parkway. Instead of constructing a portion of the sidewalk now, money will be collected for future construction. Budgetary/Fiscal Issues: Park dedication will be collected on the two lots platted 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.

13 Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING AND ZONING INFORMATION D. PLANS 6A Page 2 i:\planning\planning cases\2018\ (noble acres 4th addition - estate development corp)\planning commission\ pc docx

14 6A DRAFT RESOLUTION Page 3 RESOLUTION #2018- RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF NOBLE ACRES 4 TH ADDITION SUBDIVIDING ACRES INTO THREE SINGLE-FAMILY LOTS AT TH AVENUE NORTH Planning Commission File # WHEREAS, the plat of Noble Acres 4 th 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 and Final Plat Request # Noble Acres 4 th 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 three lots upon compliance with the following requirements: 2.00 BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 A developer s escrow shall be required in the amount of $2, 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 Payment of $3,600 for a future sidewalk along 109 th Avenue Payment of any special assessments on the property Approval of Title by the City Attorney REQUIRED DOCUMENTS 3.02 Approval of the West Mississippi Watershed Management Organizations and all conditions therein, if applicable.

15 6A Page GENERAL CONDITIONS 4.00 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 The existing accessory structures must be removed from Lot 1 and moved to a place on Lot 3 meeting setback requirement or removed altogether 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 Metal roll-off dumpster containers for construction debris shall be present at each building site within the front yard prior to framing inspections being conducted. Dumpsters shall be monitored for overflow and emptied and completely covered with a secured tarp or cover at the end of each work day 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 buffer area); c. Trees and shrubs as required by section of City Code. II. FINAL PLAT 5.01 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, Final Plat Request # Noble Acres 4 th Addition shall be approved subject to the following conditions:

16 a. Title review by the City Attorney and all conditions therein. b. Easement review by the City Engineer and all conditions therein. 6A Page 5 c. Per requirements set forth above or as subsequently amended by motion, approving the preliminary and final plat of Noble Acres 4 th Addition which is part of this resolution by reference and is on file and can be examined in the City Clerk's office. d. Submission of a letter from the land surveyor or engineer indicating the square footage contained in each lot on the plat, per Section , Subdivision J, of the City Code. e. Submission of a CAD copy of the plat. f. Park dedication is required on Lots 1 and 2 in the amount of $4,600 each for a total of $9,200. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the sub divider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the Ordinance of the City.

17 Plat # Noble Acres 4th Addition th Ave. N./10819 & Major Ave. N. West River Rd N G kwx 109th Ave N Orchard Trail Neighborhood Spring 2015 Air Photo Site Location 100 Feet «Major Ave N ^_ Map Date February 20, 2018

18 6A PLANNING AND ZONING INFORMATION Page 7 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Area Low Density Residential Detached Single-Family Residential District (R2B) East, South, and West Detached Single-Family Residential District (R2B) North City of Champlin Commercial Neighborhood Orchard Trail 1.6 acres Number of Lots 3 Average Density units per acre Conforms to: Land Use Plan Yes Subdivision Code Yes Zoning Code Yes Variances Needed None Notification Mailed notices Neighborhood Update Orchard Trail

19 NOBLE ACRES FOURTH ADDITION BROOKLYN PARK, MINNESOTA 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX 109TH AVE N. DEVELOPER ESTATE DEVELOPMENT CORPORATION WAYZATA BLVD SUITE 101 WAYZATA MN, PH: CONTACT: TOM GONYEA EM: MAJOR AVE N. PROJECT LOCATION VICINITY MAP NOT TO SCALE CONSULTANT ALLIANT ENGINEERING, INC. 233 PARK AVENUE SOUTH SUITE 300 MINNEAPOLIS, MN PH: FX: ENGINEER MARK RAUSCH LICENSE NO EM: mrausch@alliant-inc.com SURVEYOR DENNIS B. OLMSTEAD LICENSE NO EM: dolmstead@alliant-inc.com NOBLE ACRES FOURTH ADDITION PRELIMINARY/FINAL PLAT SUBMITTAL COVER SHEET SHEET INDEX NO. COVER SHEET EXISTING CONDITIONS SURVEY 1 2 PRELIMINARY PLAT 3 SITE AND UTILITY PLAN 4 GRADING, DRAINAGE AND EROSION CONTROL PLAN 5 TREE PRESERVATION PLAN 6

20 COMMITMENT NO. HB SUPPLEMENTAL NO. 1 PROPERTY DESCRIPTION The West 150 feet of the East 300 feet of the North 363 feet of the West Half (W 1/2) of the Northwest Quarter (NW 1/4 ) of the Northwest Quarter (NW 1/4), Section 3, Township 119, Range 21, Hennepin County, Minnesota. Abstract Property COMMITMENT NO. HB S89 09'15"E N02 18'41"E PROPERTY DESCRIPTION Outlot C, Noble Acres Second Addition, Hennepin County, Minnesota. Torrens Property. Torrens Certificate No (Certificate covers additional lots.) NOTES 1. This survey and the property description shown herein are based upon information found in the commitments for title insurance prepared by Custom Home Builders Title, LLC as issuing agent for Old Republic National Title Insurance Company, Commitment no. HB Supplemental No. 1, dated December 28, 2017 and Commitment no. HB-36464, dated January 7, The locations of underground utilities are depicted based on information from Gopher State One Call system for a Boundary Survey locate. The information was provided by a combination of available maps, proposed plans or city records and field locations which may not be exact. Verify all utilities critical to construction or design. 3. The orientation of this bearing system is based on the Hennepin County Coordinate System NAD All distances are in feet. N57 57'10"W TH AVE N. S89 09'15"E Area calculations: Unplatted parcel: 54,457 sf; ac less r.o.w.: 49,506 sf; ac Outlot C: 15,506 sf; ac Total: 69,963 sf; ac 6. Survey related exceptions set forth in Schedule B, Section Two of the Title Commitment HB Supp. No. 1: Item no Subject to public highway easement along Northerly side of subject property per Doc. Nos and Said highway easement is a prescriptive easement shown as 33 feet wide, though actual width is limited to use and may vary. Item no Subject to 190th Ave NE as laid out and traveled over the Northerly 33 feet more or less. Said street is a prescriptive easement shown as 33 feet wide, though actual width is limited to use and may vary. 7. Survey related exceptions set forth in Schedule B, Section Two of the Title Commitment HB-36464: Item no. 9 - shown as recitals on Certificate of Title: Subject to drainage and utility easements as shown on plat. Said easements are depicted on the survey. Subject to power line easement recorded in Book 1043 of Deeds, page 154. Said easement does not touch subject property and is not depicted on the survey. 8. Benchmark: Top Nut of Hydrant located in Major Avenue N between Outlot B and Lot 4, Block 3, NOBEL ACRES SECOND ADDITION, has an elevation of feet NAVD 88. R= L=60.43 Δ=14 02'41" N02 18'41"E LEGEND S49 46'39"W S40 13'21"E /13/18: Revised per City Comments 1/30/18: Revised per updated title MAJOR AVE N. 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. DENNIS B. OLMSTEAD Print Name Signature January 25, Date License Number FOLLIS PROPERTY TH AVE. N BROOKLYN PARK, MN DRAWN BY CHECKED BY DATE ISSUED SCALE JOB NO. FIELD CREW TL, PF DBO 01/25/18 1"=20' EL

21 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX 109TH AVE N PARCEL AREA TABLE PARCEL B1-L1 B1-L2 B1-L3 ROW TOTAL AREA SF 14,873 13,181 35,907 6,002 69,964 AREA AC NOBLE ACRES FOURTH ADDITION PRELIMINARY/FINAL PLAT SUBMITTAL PRELIMINARY PLAT DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NOT TO SCALE MAJOR AVE N. Being 5 feet in width and adjoining lot lines and 10 feet in width and adjoining right of way lines, unless otherwise indicated on the plat. LEGEND:

22 MAJOR AVE N. 109TH AVE N NOBLE ACRES FOURTH ADDITION PRELIMINARY/FINAL PLAT SUBMITTAL SITE AND UTILITY PLAN 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX

23 GRADING NOTES: 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX TH AVE N. CONSTRUCTION SEQUENCING: NOTE TO CONTRACTOR: NOBLE ACRES FOURTH ADDITION PRELIMINARY/FINAL PLAT SUBMITTAL GRADING, DRAINAGE AND EROSION CONTROL PLAN GRADING LEGEND: W MAJOR AVE N. LOOKOUT PAD PLAN VIEW: WALKOUT, LOOKOUT, OR FULL BASEMENT PAD WITH NO PROPOSED STEPS WALKOUT PAD TYPICAL HOLD DOWN DETAILS

24 MAJOR AVE N. 109TH AVE N TREE PRESERVATION NOTES: LEGEND: NOBLE ACRES FOURTH ADDITION PRELIMINARY/FINAL PLAT SUBMITTAL TREE PRESERVATION PLAN 233 Park Ave S, Ste 300 Minneapolis, MN MAIN FAX

25 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6B Meeting Date: March 14, 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 AAA Movers, Incorporated - Conditional Use Permit # for truck storage on the Item: east side of the building at 8201 Brooklyn Boulevard, Suite 100. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR TRUCK STORAGE AT 8201 BROOKLYN BOULEVARD, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the conditional use permit (CUP) subject to conditions in the draft resolution. Overview: AAA Movers recently moved into their new location in the new Industrial Equities building at the southwest corner of Brooklyn Boulevard and Bottineau Boulevard this winter. They are a moving company that offers professional moving services, but also offers truck rental for the do-it-yourselfers. The large trucks that are used by the professionals are located to the rear (west) of the building. The applicant would like to keep nine rental vehicles out front (east side) for safety and convenience of the customer. Truck staging and parking is permitted in the rear of a building in loading docks and designated striped parking spaces. Truck parking elsewhere on an Industrial-zoned property is considered a conditional use, therefore a conditional use permit is required in order to park the trucks in front of the building. Budgetary/Fiscal Issues: N/A Alternatives to consider: 1. Approve the CUP as presented. 2. Approve the CUP with modifications. 3. Deny the CUP based on certain findings.

26 Attachments: Page 2 A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. LETTER FROM THE APPLICANT E. PLAN i:\planning\planning cases\2018\ (aaa movers, inc.)\planning commission\ pc docx

27 DRAFT RESOLUTION Page 3 RESOLUTION #2018- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TRUCK STORAGE AT 8201 BROOKLYN BOULEVARD Planning Commission File # WHEREAS, John Schwartz of AAA Movers Inc. has made application for Conditional Use Permit for outdoor display and storage of rental trucks the provisions of Section 152 of the City Code on property legally described as: Lot 1, Block 1, Industrial Equities Addition, Hennepin County, Minnesota. WHEREAS, the matter has been referred to the Planning Commission who have given their advice and recommendation to the City Council, and WHEREAS, the effect of the proposed use upon the health, safety and welfare of surrounding lands, existing and anticipated traffic conditions and its effect on other properties in the neighborhood have been considered, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK that the outdoor storage and display of rental trucks is hereby allowed subject to the following conditions: 1. Up to nine (9) rental trucks may be parked in spaces designated on the site plan along the east side of the building. 2. All vehicles must be properly licensed and in operable condition. 3. All vehicles must be licensed to the tenant of the building. 4. Parked vehicles must not encroach into the drive aisle. 5. This Conditional Use Permit is subject to suspension or revocation if the property is not in compliance with all applicable City Codes. 6. The applicant shall be required to record a copy of this resolution with the Hennepin County Recorder s office and provide proof of recording with the City. This approval will expire one (1) 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 have been duly inspected by the City.

28 Conditional Use Permit # Brooklyn Boulevard N. AAA Movers GüWX Brooklyn Blvd Site Location Northland Neighborhood Spring 2017 Air Photo (Prior to building completion) Bottineau Blvd 100 Feet «GÛWX ^_ Map Date February 20, 2018

29 PLANNING & ZONING INFORMATION Page 5 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Lot Area Building Area Mixed Use General Industrial District (I) North, West, and South General Industrial District (I) East General Business District (B3) Northeast Vehicle Sales and Showroom District (B4) Northland 8.55 acres 129,000 ft² Number of Trucks 9 Conforms to: Land Use Plan Yes Zoning Code Yes Variances Needed None Notification 17 Mailed notices Neighborhood notification Northland and Greenhaven Photo 1. View from Bottineau Boulevard ( ). Photo 2. View from the front drive aisle ( ).

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32 City of Brooklyn Park Planning Staff Report Agenda Item No: 6.C Meeting Date: March 14, 2018 Originating Agenda Section: Public Hearing Department: Planning Division Resolution: Ordinance: N/A N/A Prepared By: Cindy Sherman, Planning Director No. of Attachments: 1 (limited distribution) Presented By: Cindy Sherman Item: Discussion of Comprehensive Plan Update Recommendation Staff recommends that the Commission open the public hearing, take any public testimony and Commission comments and then continue the hearing to the April 11 meeting to allow adequate time for review by both the commission and the public. The Commission can then use the March 28 work session to discuss concerns or issues raised with regard to the plan. 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

33 6C Page 2 The Plan has been drafted by the City staff and consultants. An Open House was held on October 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 may be made between the initial hearing and April. The full plan is available on the city web site at with a quick link on the front page.