Wednesday, March 12, :00 P.M. City Council Chambers

1B PLANNING 0B Regular COMMISSION Meeting Agenda 5200 85TH AVENUE NORTH BROOKLYN PARK MN 55443 PHONE (763) 424-8000 FAX (763) 493-8391 Wednesday, March 12, 2014-7:00 P.M. City Council Chambers If due to a disability, you need auxiliary aids or services during a Public Hearing Meeting, please provide the City with 48 hours notice by calling 493-8012 1. CALL TO ORDER 2. 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. First Industrial Realty Trust- Case# 14-103 for Rezoning, Preliminary Plat and Site Plan Review Location: Between West Broadway and Winnetka Av N north of 69 th Av N Staff Report: Jake Rosenberg B. Mohammed Hussain- Case# 14-105 Variance for a bluff and/or front yard setback for construction of a new single-family home Location: 9136 West River Road Staff Report: Todd Larson 7. DISCUSSION ITEMS A. None

8. OTHER BUSINESS A. Approval of Minutes- February 12, 2014 9. INFORMATION ITEMS A. City Council Liaison for March 24, 2014 Meeting- Lessard 10. ADJOURNMENT

City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6A Meeting Date: March 12, 2014 Originating Planning and Development Agenda Section: Public Hearing Department: Division Resolutions: X Ordinance: FIRST READING Prepared By: Jake Rosenberg, CD Generalist Attachments: 7 Presented By: Jake Rosenberg, CD Generalist Interstate North Business Center (First Industrial Realty Trust, Inc.) Preliminary and Item: Final Plat, a Rezoning with a Planned Development (PD) Overlay District, and a CUP for two buildings on one parcel. Proposed Actions: MOTION SECOND TO RECOMMEND APPROVAL OF PRELIMINARY AND FINAL PLAT OF INTERSTATE NORTH BUSINESS CENTER, CONSOLIDATING FOUR (4) LOTS TOTALING 16.44 ACRES INTO ONE (1) LOT AND, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION SECOND TO RECOMMEND APPROVAL OF REZONING LOT 1, INTERSTATE NORTH BUSINESS CENTER, FROM GENERAL BUSINESS DISTRICT (B3) AND BUSINESS PARK DISTRICT (BP) TO GENERAL INDUSTRIAL DISTRICT (I) WITH A PLANNED DEVELOPMENT (PD) OVERLAY. MOTION SECOND TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF TWO BUILDINGS AND RELATED SITE IMPROVEMENTS ON ONE PARCEL. Staff Recommendation: Staff recommends approval of the application as submitted. Overview: The subject properties, located between West Broadway and Winnetka Ave. N. north of 69 th Ave. N., have been used for lumber wholesale and miscellaneous storage for the past 20+ years. At present, the site is largely vacant and is operating under an Interim Use Permit allowing the outdoor storage of semi trailers. The site contains two storage buildings and a single family home. On February 24, 2014, City Council approved a Comprehensive Plan Amendment reclassifying the subject area from Community Commercial (CC) and Business Park (BP) to Industrial (I). The applicant, First Industrial Realty Trust, is now seeking approval of a preliminary/final plat, rezoning from BP and B3 to I with a Planned Development Overlay, and a CUP for the purpose of developing the site into a new industrial warehouse development. The development proposes two new warehouse buildings for multi-tenant occupancy and areas for trailer storage and loading. The request for a Planned Development Overlay is to allow flexibility in setbacks and the CUP is to allow the construction of two primary structures and related site improvements on a single lot.

6A Page 2 Primary Issues/Alternatives to Consider: 1. Approve the preliminary/final plat, rezoning, Planned Development Overlay, and CUP as presented. 2. Approve the preliminary/final plat, rezoning, Planned Development Overlay, and CUP with modifications. 3. Deny the preliminary/final plat, rezoning, Planned Development Overlay, and CUP based on certain findings. Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION- PRELIMINARY AND FINAL PLAT B. DRAFT ORDINANCE- REZONING C. DRAFT RESOLUTION- CUP D. LOCATION MAPS E. PLANNING & ZONING INFORMATION F. NARRATIVE G. PLANS I:\PLANNING\PLANNING CASES\2014\14-103 (First Industrial Realty Trust)

6A DRAFT RESOLUTION- PRELIMINARY AND FINAL PLAT Page 3 RESOLUTION #2014- RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF INTERSTATE NORTH BUSINESS CENTER, CONSOLIDATING FOUR (4) PARCELS TOTALING 16.44 ACRES INTO ONE (1) LOT EAST OF WINNETKA AVENUE NORTH AND NORTH OF 69 TH AVENUE NORTH Planning Commission file #14-103 WHEREAS, Mr. Christopher Wilson of First Industrial Realty Trust, Inc., has submitted the plat of - Insterstate North Business Center in the manner required for platting of land under the Brooklyn Park Codes and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and codes of the City of Brooklyn Park, Chapters 151 and 152. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK, PRELIMINARY PLAT REQUEST #14-103 INTERSTATE NORTH BUSINESS CENTER SHALL BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1.00 DRAWINGS 1.01 Preliminary plat on file in the City Clerk s office dated 01-31-2014. 1.02 Utility Plan shall be modified as required by the Utilities Superintendent per the March 3, 2014 memorandum. 1.03 Grading plan on file in the City Clerk s office dated 02-03-2014, are approved upon compliance with the following requirements: 2.00 BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 Furnishing subdivider s performance bond or an irrevocable letter of credit for off-site improvements; furnishing an irrevocable letter of credit, performance bond, or cash bond for on-site improvements; and furnishing a cash bond (CASH) at the time of each phase of development to assure that the developer will construct or install the following as applicable: a. Installation and paving of streets. b. Installation of concrete curb and gutter. c. Installation of sidewalks, walkways, and trails. d. Installation of street lights. e. Installation of water system. f. Installation of sanitary sewer system.

6A Page 4 g. Installation of storm sewer system. h. Installation of street and traffic control signs/signals. i. Sodding of boulevards. j. Shaping and sodding of drainage ways and berms in accordance with the drainage development plan approved by the City Engineer. k. Adjustment and repair of new and existing utilities. These requirements are all in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Chapter 151 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said performance bond by the amounts provided, upon the ordering, for those public improvements so undertaken. The bond or Letter of Credit must not expire or is continuously renewed until the project is determined to be complete. 2.02 Subdivider's Escrow at the time of each phase of development posted with the City's Finance Director 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. 2.03 Payment of a park dedication fee at the rate in effect at the time of final plat approval. 2.04 Submission of a deed conveying Outlot A to the City of Brooklyn Park for park south of 88 th Avenue. 3.00 REQUIRED DOCUMENTS 3.01 Approval of Title by the City Attorney prior to final plat approval. 3.02 All utility construction, drainage, grading and development plans must be approved by the City Engineer prior to receiving a building permit. 3.03 A comprehensive search shall be performed to identify any existing wells on the property. A licensed well driller shall properly abandon any unused wells in the plat. Such abandonment shall be reviewed and approved by the Minnesota Department of Health. 3.04 A final plat showing the correct square footage for each lot area must be submitted prior to recording of the final plat. 4.00 GENERAL CONDITIONS 4.01 It shall be the developer's responsibility to keep active and up to date the developer's contract and financial surety (Letter of Credit, bonds, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the Engineering Department.

6A Page 5 4.02 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. 4.03 All storm water management areas are considered private and must be maintained by the adjacent property owner, unless otherwise approved by the City Engineer. 4.04 The storm water management areas must have a natural uniform shoreline treatment. 4.05 The storm water management areas must be lined with a minimum three-inch layer of organic soils suitable for supporting plant life in the event of low water levels. 4.06 No burying of construction debris shall be permitted on the site. 4.07 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. 4.08 Adequate dumpsters must be on site during construction of streets, utilities, and structures. When full, they must be emptied immediately or replaced with an empty dumpster. 4.09 Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and structures. Toilets must be regularly maintained. 4.10 During construction, streets must be passable, at all times, free of debris, materials, soils, snow, and other obstructions. 4.11 The grading/development plan and preliminary plat must be reviewed and approved by the West Mississippi Watershed Management Organization and City Engineer prior to any grading of the site. Also the cash bond and cash escrow payments indicated above must be on deposit with the City prior to issuance of a grading permit. The applicant must follow all requirements of the Watershed Management Organization. If the petitioner needs additional time to satisfy the requirements listed in this Preliminary Plat in order to get it released for recording, then a one-year time extension must be requested. Time extension requests are subject to the conditions found in Subdivision Code (Section 151). The failure on the part of the petitioner to submit a final plat per Section 151 within one year from the date of this approval shall deem the preliminary approval to be null and void.

6A DRAFT ORDINANCE- REZONING Page 6 ORDINANCE #2014- ORDINANCE AMENDING CHAPTER 152 OF THE ZONING CODE TO REZONE PROPERTY FROM GENERAL BUSINESS DISTRICT (B3) AND BUSINESS PARK DISTRICT (BP) TO GENERAL INDUSTRIAL DISTRICT (I) WITH A PLANNED DEVELOPMENT (PD) OVERLAY EAST OF WINNETKA AVENUE NORTH AND NORTH OF 69 TH AVENUE NORTH The City Of Brooklyn Park Does Ordain: Section 152 of the Zoning code is amended to rezone the following described property from General Business District (B3) and Business Park (BP) to Industrial (I) with a Planned Development (PD) Overlay: Lot 1, Interstate North Business Center, Hennepin County, Minnesota The zoning map of the City on file with the City Clerk and referred to in Section 152 of the City Code is hereby amended in accordance with the provisions of this ordinance.

6A DRAFT RESOLUTION- CUP Page 7 RESOLUTION #2014- RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A OFFICE WAREHOUSE COMPLEX INCLUDING TWO BUILDINGS ON ONE LOT AND RELATED SITE IMPROVEMENTS Planning Commission File #14-103 WHEREAS, First Industrial Realty Trust has made application for a Conditional Use Permit under the provisions of Chapter 152 of the City Code for property located between Winnetka Avenue and West Broadway and legally described as: Lot 1, Interstate North Business Center, Hennepin County, Minnesota WHEREAS, the matter has been referred to the Planning Commission who have given their advice and recommendation to the City Council; and WHEREAS, the effect of the proposed use upon the health, safety and welfare of surrounding lands, existing and anticipated traffic conditions and its effect on property values in the neighborhood have been considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that a Conditional Use Permit be granted for an office warehouse campus including two buildings on one lot and related site improvements, subject to the following conditions: 1. Plans must conform to the intent of those presented to the Planning Commission and City Council dated February 3, 2014 2. All signs (permanent and temporary) must conform to Chapter 150 of City Code and are subject to a separate permitting process. 3. The lighting plan must be revised to use a 15 foot pole within 500 feet of residential property and 25- foot pole, including a base outside of the restricted range. All lights must conform to Section 152.111 of City Code.

6A LOCATION MAP Page 8

6A PLANNING AND ZONING INFORMATION Page 9 Land Use Plan Current Zoning Surrounding Zoning Number of Lots Industrial (as approved by City Council on February 24, 2014, pending Metropolitan Council approval) General Business District (B3) and Business Park (BP) North and Northwest General Industrial District (I) Brooklyn Gardens East General Industrial District (I) and General Business District (BP) Portnoy Dunn Addition South - Detached Single- and Attached Two-Family Residential District (R4) Cast-Mohr Addition West and Southwest Business Park District (BP) Brolins s Winnetka Industrial Park 1 proposed Total Property Area 16.44 acres Right of Way Dedications Area 0.99 acres Net Property Area 15.45 acres Conforms to: Land Use Plan Yes, pending Metropolitan Council of Comprehensive Plan Amendment Zoning Code Yes, pending approval of the Rezoning Subdivision Code Yes Variances Needed None Notification Distance 500 feet Lots The applicant is proposing a single 16.44 acre lot. The lot meets the minimum area and dimensional requirements of the General Industrial District (I). The lot size is consistent with the lot sizes of the adjacent Industrial (I) parcels. The lot includes part of the County s West Broadway right of way. Right of way, trail, and utility easements shall be dedicated as part of the plat. Access The developer is proposing two new roadway accesses on Winnetka Ave. N. which have been reviewed and approved by City engineering staff. Two roadway accesses are proposed for West Broadway, one to be relocated to approximately 100 ft south of the existing access and one to the north lying approximately 250 ft south of the northern property line. The West Broadway (Hennepin County ROW) accesses have been reviewed by the County and are pending approval upon plat review. Once approved, the developer will apply for an access permit through the County.

Interior Roadways and Circulation Interior lane widths and turning radii conform to all applicable standards. 6A Page 10 Pedestrian Connections The developer is proposing a sidewalk leading from the Building 3 parking area to the existing bus stop. The developer has offered to pave a queuing area for bus stop. The existing sidewalk along West Broadway shall remain, barring removal of segments for new curb cuts. Planned Development (PD) Overlay District/CUP The PD Overlay provides design flexibility in the application of the provisions of a primary zoning district (General Industrial) by proving an overlay district on top of any of the primary zoning districts. In this case, the developer is proposing the PD Overlay to address setbacks and the location of the trailer parking area. The clustering of two principle structures on a single lot is addressed with a CUP. The proposed development meets the minimum required setbacks on all sides except along the southeast property line where it abuts a residential district. Side setbacks for Industrial zoned parcels are normally 15 ft but are increased to 110 ft when abutting a residential district. The proposed Building 3 is shown 75 ft from the residential properties to the south. In order to offset impacts to neighboring residences, the developer is proposing to maintain a 35 ft wide bermed landscape buffer between Building 3 and the neighboring homes. The berm contains an existing row of conifers which will be reinforced with a newly shaped berm and an additional row of conifers. Staff suggests that the loss of the 35 ft of side setback proposed through the PD Overlay is acceptable given that augmented landscaping and berming will be more effective in mitigating impacts of noise and light on the adjacent homes than would the strict application of the 110 ft side setback. Locating two principle structures on a single lot is not permitted in the General Industrial District (I) except through a Conditional Use Permit. The proposed CUP will allow for locating the two proposed warehouses on Lot 1. Staff suggests that the proposed 1-lot plat contributes to site maintenance coordination, management, and joint use of parking. Spacing between the buildings (190 ft) will provide adequate setbacks should the buildings ever be replatted for separate lots. The developer is seeking approval of the proposed trailer parking area under the flexible standards of a PD Overlay. The proposed location of the trailer parking area is normally not allowed in the General Industrial District (I) due to its location between a public right of way and a principal building. Staff suggests that due to the lot s double frontage and proximity to a residential area, alternative configurations of the trailer parking area are not practical. To satisfy the intent of the PD Overlay, the developer has more than doubled the required setbacks for outdoor storage (15 minimum required from ROW), bermed, and landscaped the buffer area beyond the minimum requirements. Storm Water Management The developer is proposing two onsite storm water management basins that will act as dry infiltration rate control ponds. The underground storm water management system is comprised of perforated pipes that promote storm water infiltration. The site presently discharges 80% of storm water runoff to the site to the north and approximately 20% drains south. The proposed plans are designed to capture all of the site s storm water runoff. The storm water treatment facilities will be piped to a 72 inch storm sewer pipe that flows to Winnetka Ave. N.

6A Page 11 Utilities Public utilities are available to the site. Upon development, the sanitary sewer service is proposed to connect to the 8 inch sewer main on Winnetka Ave. N. Water service extends to the site from 69 th Ave. N., located to the south. The City requires that the old water service be disconnected at the 69 th Ave. N. main. The remaining pipe will be capped and abandoned to limit additional off-site disturbance and surface restoration. Modifications to the Utility Plan are required per the March 3, 2014 memorandum from the Utilities Superintendent. Landscaping and Screening The proposed landscape plan meets the required standards and exceeds those standards in the areas abutting the residences to the south. Site lines for interior circulation and site ingress/egress will not be impacted. Lighting Free standing lights within 500 ft of any property zone residential are limited to 15 ft in height including any base or support structures. Beyond 500 ft, the height maximum is 25 ft. The lighting plan will need to be revised to reflect these lighting standards. The lighting plan shall be modified prior to issuance of a building permit and is included as a condition of the PD Overlay Resolution. Building Exteriors The building exteriors are finished with architectural precast concrete panels with a low-maintenance exposed aggregate finish. Insulated windows in thermal aluminum window frames are presented along both street frontages and wrap around end elevations. Tenant entrances are articulated with accent panels made of limestone colored architectural precast in order to distinguish entrances and complement the primary exterior panel tones. The proposed exterior is typical for large warehouse and industrial buildings in the area.

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City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6B Meeting Date: March 12, 2014 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 Mohammed Imteyaz Hussain Variance #14-105 for a bluff and/or front yard setback Item: for construction of a new single-family home at 9136 West River Road. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF VARIANCE #14-105 TO FRONT YARD SETBACK REQUIREMENTS FOR A SINGLE-FAMILY HOME AT 9136 WEST RIVER ROAD NORTH, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of a variance allowing the construction of the home closer to West River Road. The applicant proposed two options; staff does not support a variance to encroach into the bluff line. The attached resolution is written to the staff recommendation. Overview: The applicant purchased a lot on the Mississippi River to construct a new single-family home. Currently located on the property are an old seasonal cabin and a shed that will be removed with new construction. The property is subject to the Mississippi River Critical Area setback requirements that prohibit construction of any structure within 100 feet of the ordinary high water (OHW) mark and 40 feet from any slope measuring 12 percent or greater. The property is zoned Single-Family Estate District (R2) which have typical front and rear setbacks of 30 feet. Construction on the property is considered in-fill development which requires the new home to have a front yard setback that is the average of the adjacent homes. Constructing the new home in-line with the adjacent homes would be in violation of the slope setback. Avoiding the slope setback would be a violation of the in-fill provision. The applicant provided site plans showing the two construction scenarios. The applicant would prefer to construct the home more in-line with the adjacent homes (plan A1c4, a front setback of 105 feet) although this scenario will need a variance to the in-line provision since the garage will be about 50 feet forward the average setback line. He would like to construct house within about 9 feet of the top of the existing slope area, which is the location of the existing seasonal cabin. The adjacent homes setbacks are approximately 180 feet on the south and 90 feet on the north.

Page 2 The proposed home follows the footprint of the existing seasonal cabin and will not encroach any closer to the steep slopes. City Code allows for the reconstruction of a non-conforming structure in relation to the steep slopes. The new structure will retain the legal non-conforming label. Provided the Planning Commission and City Council determine that the seasonal cabin and the year-round house are like-for-like structure types, the applicant could reconstruct a home in this location without the slope variance. Staff does not recommend first home option since it will alter the natural appearance of the riverbank that the Critical Area was established to protect. The adjacent homes are legal non-conforming in regards to the slope setback and cannot expand any closer to the river. The applicant s property does have a less disruptive option for a building site by shifting the building area west towards the road (plan A1c5, a front setback of 62 feet). This option would eliminate the non-conformity and use only one variance. Along West River Road, many of the older homes in the vicinity do not conform to any standard setback line ranging from 30 feet to 275 feet on the east side and between 30 and 40 feet on the west side of the road. This house location will not be out of character with area. Following are the standards for reviewing a variance: 152.034 VARIANCE. (A) Purpose. The purpose of a variance is to provide for deviations from the requirements of this chapter including restrictions placed on non-conformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the requirements of this chapter. (B) Review Standards. PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means: (1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. (2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. (3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located. (4) Economic considerations alone do not constitute practical difficulties. (5) There is inadequate access to direct sunlight for a solar energy system. (C) Procedure. The procedures for application and public hearing of a variance request is described in 152.031. (D) Conditions. The Board of Appeals and Adjustments or the City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. No building permit may be issued except in compliance with the conditions of the variance. The applicant s letter states his reasoning behind the variance required for the slope setback. For justifying the variance from the in-line provision, the unique circumstance is the presence of the steep slope and that the adjacent homes are non-conforming in their setbacks to the slopes. Additionally, avoiding the slope will not alter the essential character of the riverbank.

Page 3 Primary Issues/Alternatives to Consider: 1. Approve the front setback variance as recommended by staff. 2. Approve the slope setback variance as requested by the applicant (a revised resolution will be provided for City Council review). 3. Approve a variance with modifications. 4. Deny the variance based on certain findings. Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. LETTERS FROM APPLICANT E. LETTER FROM NEIGHBORS F. PLANS i:\planning\planning cases\2014\14-105 (mohammed hussain)\14-105 pc 2014-03-12.docx

RESOLUTION Page 4 RESOLUTION #2014- RESOLUTION APPROVING A VARIANCE TO FRONT YARD SETBACK REQUIREMENTS FOR A SINGLE-FAMILY HOME AT 9136 WEST RIVER ROAD NORTH Planning Commission File #2014-105 WHEREAS, Dr. Mohammed Imteyaz Hussain requested a variance to City Code 152.222(B)1 to construct a single-family home that is forward the adjacent homes on property legally described as: Commencing at the point of intersection of the South line of Government Lot 1 with the Easterly line of State Highway Number 169 then Northerly along said road line 150 feet to actual point of beginning then continuing Northerly along Easterly line of said road a distance of 125 feet then East parallel with the South line of Lot 1 to the shore of the Mississippi River then Southerly along said shore line to its intersection with a line running East from the point of beginning and parallel with the South line of Government Lot 1 then West to beginning, Section 13, Township 119, Range 21, Hennepin County, Minnesota WHEREAS, the property is subject to the Mississippi River Corridor standards set forth in City Code 152.530 requiring a 40-foot setback from slopes 12 percent or greater; WHEREAS, the property has a slope of 12 percent or greater; WHEREAS, the adjacent properties predated this slope setback rule and are considered legal nonconforming; WHEREAS, City Code 152.222(B)1 states that homes in in-fill situations must be in line of adjacent homes; WHEREAS, there is ample room to construct a home on the property without causing harm to the steep slopes along the Mississippi River; WHEREAS, protection of natural resources is the basis for the Mississippi River Corridor standards; and WHEREAS, granting a variance will allow for the new home to be constructed outside of the slope setback area. NOW, THEREFORE, BE IT RESOLVED BY THE BROOKLYN PARK CITY COUNCIL: that a variance from City Code 152.222(B)1 is hereby granted waiving the provision where the minimum setback line is the average depth of the adjacent properties front yard to allow for the construction of a new single-family home with a 62-foot front yard setback consistent with the site plan labeled A1c5 dated February 17, 2014.

LOCATION MAP Page 5

PLANNING AND ZONING INFORMATION Page 6 Land Use Plan Current Zoning Surrounding Zoning Lot Area Low Density Residential Detached Single-Family Estate District (R2) and Mississippi River Critical Area All Sides Detached Single-Family Estate District (R2) and Mississippi River Critical Area 1.06 acres Conforms to: Land Use Plan Yes Zoning Code No Variances Needed To either front yard setback or bluff line setback Notification Distance 100 feet

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LETTER FROM NEIGHBORS Page 11 From: Sent: To: Subject: Deanna Horning Monday, March 03, 2014 11:02 AM Todd Larson Variance Proposal Hi Todd I am sending this Email in reference to the building variance proposal at 9136 W. River Rd. My husband and I are very much in agreement to the utilization of site plan A1c4 which to our understanding is the property owners preference. Reasons being- It would be following the cities required setback and would be visually most appealing, especially on the riverfront. Homes closer to the road get more road noise, as ours does. Thank you for talking and explaining the situation to us. We will be unavailable to make it to the meeting and actually meet our soon to be new neighbors. Hope this letter helps in any decisions made. Sincerely, Tim and DeeDee Horning 9143 W. River Rd.

DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING February 12, 2014 Unapproved Minutes 1. CALL TO ORDER The meeting was called to order at 7:01 p.m. 2. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners Cupka, Lessard, Nguyen, Russell, Schmidt, Stuewe, Trapp, Walker, West- Hafner; City Council Liaison Jordan; Senior Planner Larson; Planning and Development Director Sherman Those excused were: None 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION LESSARD, SECOND WEST-HAFNER TO APPROVE February 12, 2014 AGENDA. MOTION PASSED UNANIMOUSLY 5. CONSENT ITEMS - None. 6. PUBLIC HEARING A. CarMax Auto Superstores, Inc.- Case# 14-100 Variance to the sign code for a second freestanding sign at 6900 Lakeland Av N Senior Planner Larson introduced the project and stated that the current pylon sign that was previously used with this site was approved to remain. Based on the curve of County Road 130, and the fact that the customer lot is accessed off of 70 th Avenue, customers could miss the turn into the parking area. It would cause them to try to turn at the gated showroom access area, do a U-turn, or turn around in a residential driveway to go back The applicant is requesting a second free-standing sign, more like a monument sign to direct people into the customer parking lot. Staff is recommending approval of the Variance. City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 1 of 12

DRAFT UNAPPROVED MINUTES Heath Kennedy from Center Point Integrated Solutions located in Evergreen Colorado approached the podium. He stated that he is representing CarMax Auto Superstores. He stated that they balanced the sign to try to make it large enough to direct customers to take a left onto 70 th Avenue without making so large that it would be more like a pylon sign. Chair Nguyen opened the public hearing. Seeing no one approach the podium, he closed the public hearing. Commissioner Schmidt asked that the city traffic engineer take a look at the placement of the sign to make sure there is a good sightline for cars coming off of 70 th Avenue so they can see approaching traffic from the south. Senior Planner Larson stated that the sign the applicant is proposing does meet all of the setbacks including the clear view triangle. MOTION WEST-HAFNER, SECOND CUPKA, TO RECOMMEND APPROVAL OF CASE# 14-100 FOR A SECOND FREE- STANDING SIGN AT 6900 LAKELAND AV N SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair Nguyen stated that this application will be considered by the City Council on February 24, 2014. B. Prairie Care Behavioral Hospital- Case# 14-101 Conditional Use Permit and Preliminary Plat for a child/adolescent psychiatric care facility at 5800 94 th Av N Senior Planner Larson introduced the project and stated that back in 2007-2008 there was a development proposal reviewed for Astra Village. This is a one hundred and fifty acre site between Highway 610 on the north, 93 rd Avenue on the south, Regent Avenue on the east, and Hampshire Avenue on the west. The entire property did go through an environmental impact statement review, anticipating office uses, retail and residential. The piece of the property for Prairie Care is a piece of the site guided for office use. In staff s opinion, the proposed medical use does meet the intent of the development plan. Since this is the Town Center zoning district, all uses do require a Conditional Use Permit. The proposal is to construct a two story Hospital facility specializing in mental health issues for children and adolescents. The building is mostly brick, with some other accent materials and lots of glass. A new street, 94 th Avenue, will be constructed off of Zane Avenue to provide access to the Prairie Care site and to the retail strip mall to the south. The first phase of the building will contain fifty beds with room for an expansion to contain another fifty eight beds in the future. There will be three access points off of 94 th Avenue, one for parking, one for delivery, ambulance and trash service, and one for additional delivery and food service in the back. City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 2 of 12

DRAFT UNAPPROVED MINUTES Staff is recommending approval and the resolution is for approval of both the plat and the conditional use permit. Paul Reinke from Silver Oak Development in Oakdale, Minnesota approached the podium. He came with a large group working on the project and he introduced them individually. John Ryan, the general counsel for Prairie Care, approached the podium. He stated that Prairie Care has two hundred and forty employees with locations in Woodbury, Edina, Maple Grove, and soon to be Chaska. This facility will be approximately seventy two thousand square feet in size. The project cost will be about twenty million dollars. When occupied in the fall of 2015 they forecast that they will employ about two hundred and eighty people at this facility with an average salary of about sixty thousand dollars a year. He stated that Prairie Care is licensed by the Minnesota Department of Health as a children s psychiatric hospital and they are accredited by the joint commission, the world s foremost accrediting agency for hospitals. He stated that they serve school age children with mental health disorders like major depression, anxiety, and pervasive developmental disorders. The children typically come by ambulance from the emergency room but they also offer free needs assessments by appointment and they get referrals from school social workers, pediatricians, and community mental health workers. He stated that they do not serve correctional populations. He also stated that these children go to school with your sons and daughters and will go back to school with them again once they get help with their mental health. The average length of stay in their hospital is seven to ten days where they offer acute crisis stabilization, assessment, and referral. They provide individual and family therapy to provide a foundation for the family to build on when the child returns home. Prairie Care currently operates a twenty five bed in-patient hospital in Maple Grove which will expand to this fifty bed facility. Their other locations are out patient locations. This new hospital would operate twenty four hours a day three hundred and sixty five days a year. The younger patients would be separated by floor from the adolescents. He stated that many of these kids are suicidal so all patient areas will be locked for the safety of their patients. They are not a danger to the community; the hospital personnel lock the doors for the patients protection from themselves. Prairie Care is very involved with the local school districts and communities where they are located. He stated that they will have licensed classrooms with teachers provided by Intermediate School District 287, special education teachers, so that the students will be able to continue to work on schoolwork while hospitalized in their care. They recently received community outreach recognition for their work at Fair Oaks Elementary here in Brooklyn Park. Chair Nguyen opened the public hearing. Collette Guyette-Hemple, 9277 Trinity Gardens in Brooklyn Park, approached the podium. She stated that there are some real concerns about some of the disorders that these children face and guidelines should be there that smaller facilities are in the best interest of the safety of the community. Because of privacy laws the City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 3 of 12

DRAFT UNAPPROVED MINUTES people in the city will not know what kind of patients will be housed there. She gave her credentials and that she has been working with troubled adolescents for thirty years. Dan Mutterer, 9229 Woodhall Bay N, approached the podium. He stated that he wanted to give credit to the applicant for creating a building that does look at least somewhat aesthetically pleasing. The side of the building with no windows does look somewhat prison-like and he knows that is not the image they are trying to portray. Highway 610 is a gateway to the city and a way that people will see our city and this is not the image we want to portray. He stated that traffic will be a concern once 94 th Avenue is completed and he assumes it will mean another stoplight, meaning three stoplights for him in three blocks. He stated that he understands the need for this facility. He works with Treehouse and works with the kind of kids that would get treatment here. He stated he knows that oftentimes when leaving a facility like this the first thing the child will do is run. They want to flee from whoever is escorting them out and where are they going to flee? He stated that they are going to flee into his neighborhood and he thinks they will come storming through his neighborhood doing whatever it is that they do. If they are angry enough to punch a mailbox or pull up a bush or something just to work out that rage from being in this facility for up to ten days, he stated that he does not want that in his neighborhood. He stated that he does want these kids to get help and he does want to improve the image in Brooklyn Park. Dave Epding, 9228 Woodhall Bay, approached the podium. He stated that his house backs up the 93 rd Avenue and would basically be across the street from this hospital. He stated his concern a one hundred bed facility, though initially a fifty bed facility would be this close to a residential area. He stated that it would be within a mile of three schools. He stated that the city has to do what is right for the people that live there. He questioned why this is not being built in close proximity to a hospital, which their others locations are. He stated that he has nothing against the facility but is against the location. Kahty Mosacano, 9228 Woodhall Bay, approached the podium. She stated that as far as she can tell, her children s bedroom window would be located exactly across from the ambulance entrance of this facility. She stated that is appears this site for the facility was deliberately chosen in an area where the least number of citizens would have to be notified of this plan. The facility is too close to three schools and traffic will be a problem. She stated that she has no objection to this facility being located somewhere else in Brooklyn Park, but not on this site due to the concerns discussed. Nancy Knoble, 9224 Woodhall Bay, approached the podium. She stated that she is also the president of the eighty home homeowners association The Ponds of Edinburgh. She stated that fifteen to twenty homes in their association received this notice and it affects all of them. She does not oppose the facility; she opposes it in a residential neighborhood within a mile of three schools. She asked about the safety of the community and where these kids would go if they ran from their parents when they are discharged. She asked what her children or her neighbors children would do if they were outside playing and someone escaped. She reiterated the concerns about traffic and the fact that this hospital does look like a prison facility. Seeing no one else approach the podium, Chair Nguyen closed the public hearing. City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 4 of 12

DRAFT UNAPPROVED MINUTES Tom Cook, with Pope Architects, approached the podium. He stated that the drawings of the hospital do not show the landscaping that is planned for the site and it is extensive. He stated that the only bare wall is in the back and it is the back of their cafeteria. In the front, which will face Zane Avenue and Highway 610, there will be a landscaped garden in the space between the two wings. He stated that they chose this site primarily for the access to Highway 610 and Zane Avenue. John Ryan re-approached the podium and stated that he would be happy to arrange for a tour of their facility in Maple Grove for anyone at the meeting that spoke in opposition of the new hospital. Their current hospital that was originally licensed for twenty beds was given an emergency waiver to expand to twenty five as there is a critical shortage of available beds in the state of Minnesota. It is located right across the street from a daycare center and an apartment complex with a lot of apartments and sliding glass doors is closer than this facility would be to the neighborhood. He stated that they take great pains to work with the Fire Marshal, the local fire department, the Department of Health, and the City building and code enforcement in order to have Controlled egress doors with magnetic locks and pin pads that require multiple forms of authentication before anyone can pass through doors. Their current facility has about fifty closed circuit television cameras and this new facility will likely have close to two hundred. At a bare minimum they are checking on each patient every fifteen minutes. He stated if there is any detection of hostility between patient and family, they call off the discharge. Senior Planner Larson stated that there was a traffic analysis done back in 2007-2008 when the Environmental Impact Statement was done and Hennepin County controls Zane Avenue as well as 93 rd Avenue to the west and told the City that the intersection is way too close to 93 rd Avenue and the Highway 610 eastbound ramps for a traffic signal and they will not allow one there. There are other options for traffic control when it becomes necessary, but at this time the new road, 94 th Avenue, would only be built to the point where it gave access to Prairie Care. As other development occurs it would be extended around to 93 rd Avenue. Prairie Care alone will not trigger additional road improvement. There is a condition in the resolution regarding traffic and road improvement requirements when they become necessary. Planning Director Sherman stated that the whole corridor fronting along Highway 610 is intended to be nonresidential and to be an area where the City wants to update the tax base and get more taxes and provide more jobs. Because of that, staff felt that this was an appropriate use in this location. Staff does not consider this site adjacent to residential because it is not adjacent to residential. Commissioner Schmidt asked Planning Director Sherman to address how many feet beyond the site notices are sent out. Ms. Sherman stated that the distance is five hundred feet out from the project site. Commissioner West-Hafner asked why the city could not have 94 th Avenue built out all the way so there is more than one access to the site. Senior Planner Larson stated it is because staff does not know what will be on the east of the site at this time. City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 5 of 12

DRAFT UNAPPROVED MINUTES Having the street completed would limit the development potential and not allow the flexibility of shifting the roadway one way or another to allow for different shapes and sizes of buildings. Depending on what users go into the development and how it affects the traffic, staff could decide the road needs to go through prior to the whole area being developed. Commissioner West-Hafner asked if the applicant would need to make a change to their conditional use permit when they decide to complete the expansion. Senior Planner Larson stated that the plans they have submitted are detailed enough that it would not be necessary to do that as long as the expansion meets what is being presented now. They would just need to come and get a building permit. Commissioner West-Hafner asked where the Maple Grove facility is located and if it will close when the new one is completed. She stated that if this were a regular hospital she did not think there would be an issue with it being located here. Mr. Ryan re-approached the podium and stated that it is located off of Bass Lake Road and Sycamore. That facility will convert to an out-patient facility once this new hospital is built in Brooklyn Park. Commissioner Lessard asked about the fire hydrants. He also stated it would be nice to see these plans with the landscaping layout on them to get a better feel of things. He would like to see more windows but that is not his area of expertise. Senior Planner Larson stated that this building will be sprinkled and they will have water service. Commissioner Cupka asked to go over the site plan again to discuss where the movements are with emergency room drop-off. Tom Cook with Pope Architects went over the access points again and explained where they would lead. There are three access points to limit the amount of traffic at each of the driveways. Mr. Ryan stated that the administration works an 8am to 5pm shift, but their patient care staff typically runs twelve hour work days. Shift change is normally at 6am and 6pm for the twelve hour workers. There is a lot of visitation in the evenings at their current facility to accommodate parents coming to see their children after working hours. Commissioner Cupka stated that the building site seems a little bit big for what they needed even after the expansion and is wondering if that was a planned design or if the parcel of land happened to be that big. Mr. Cook stated that they were able to set their own eastern boundary and Prairie Care s intention was to have some breathing space, particularly around the in-patient rings which are the cross shaped areas on the City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 6 of 12

DRAFT UNAPPROVED MINUTES east side of the building. They have landscaped areas that will be outside those areas but they also want a good buffer for when further commercial development goes in along there. Commissioner Cupka asked about the time table for the roadwork and Mr. Larson stated that it would be done prior to the facility opening. Commissioner Cupka stated he felt it was worth noting that the applicant did everything they could to site this facility as far from the residential area as possible. He stated that he does like the design; it is a high end look and quality materials were used. Commissioner Stuewe stated that the discharge procedure was discussed but since they stated that they had more issues at admission, she wanted to know what their admission process is. She also asked what their ratio of staff to patients typically is. Mr. Ryan stated that the admission procedure varies depending on how the patient arrives and what the situation is. He stated sometimes because of the limitations of health care and of insurance, parents will try to get self-help and try to cut their costs by not accepting a ride from an ambulance from another emergency room or driving directly to the facility with a patient. a lot of times the child will refuse to get out of the car and come into the facility. Sometimes they have patients that refuse and they have to be assisted in but that is very uncommon. Seventy percent of patients come in an ambulance which backs up to their doors and they are assisted into the facility. He stated that they staff depending on acuity but there is typically one nurse for every eight adolescent patients and one nurse for every six children. They also have nurses aides and they are staffed at about three nurses aides to every nurse. That does not include the school teachers, the therapists, the social workers and physicians. Commissioner Stuewe asked Mr. Cook if they had considered switching the cafeteria to the other side so that they could add more windows to that side. He stated that they had, but once the expansion happened it would be very closed in. Commissioner Schmidt stated that he wanted to confirm that there is no way to enter or exit the locked areas unless someone has entered their code and that this a facility will operate similar to a memory care facility where no one can enter or exit without a code. Mr. Cook from Pope Architects stated that this is correct. Commissioner Schmidt stated that he noticed that there is a twelve foot fence in the recreational area so there is no getting out of that area either. He stated that he does think this is the right facility in the right location. He stated that he would like to see this area become some type of a medical campus. Commissioner West-Hafner asked what the impact of the expansion, doubling the size of the building and the number of patients, would be. Mr. Cook stated that from an architectural point of view, it will be sized appropriately. Mr. Ryan stated that the state of Minnesota has a moratorium for all hospitals against adding beds. He stated that they have permission to expand up to fifty beds; they do not have permission from the State of City of Brooklyn Park Planning Commission Meeting Minutes February 12, 2014 Regular Meeting Page 7 of 12