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HomeMy WebLinkAbout2019 08-15 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER August 15, 2019 1.Call to Order:7:00 PM 2.Roll Call 3. Approval of Regular Meeting Agenda a.Motion to Approve Planning Commission Regular Session Meeting Agenda for August 15, 2019 4. Approval of Minutes a.Motion to Approve July 11, 2019 Regular Session Meeting Minutes 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.Planning Items a.Planning Commission Application No. 2019-014 (Public Hearing) Applicant: City of Brooklyn Center Summary: The Applicant is requesting consideration of a request to amend Section 35-2240 of the City of Brooklyn Center Zoning Ordinance (CC Central Commerce Overlay District) to clarify permitted and prohibited uses within said District. 7.Discussion Items a.City Council Meeting Update b.Joint Advisory Committee/Commission Session (August 29, 2019) c.APA-MN Conference (September 25-27, 2019) 8.Other Business None. 9.Adjournment PC Minutes 07-11-19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JULY 11, 2019 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. City Planner and Zoning Administrator Ginny McIntosh, Housing and Code Enforcement Inspector/Interim Associate Planner Joe Hartmann, and Mary Mullen of TimeSaver Off Site Secretarial, Inc. were also present. 3. APPROVAL OF AGENDA – JULY 11, 2019 There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to approve the agenda for the July 11, 2019 meeting as presented. The motion passed unanimously. 4. APPROVAL OF MINUTES – JUNE 13, 2019 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the June 13, 2019 meeting as presented. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2019-010 (Public Hearing) Applicant: Lori and James Dean (Boulevard Holdings LLC) Property Address: 5300 Dupont Avenue North (Christy’s Auto Service) Summary: The Applicants are requesting to re-zone the Subject Property from R2 (Two Family Residence) District to C2 (Commerce) District in order to allow for the Applicants to construct an approximately 975-square foot addition on the north side of the existing building. The request to re-zone PC Minutes 07-11-19 -2- DRAFT also requires the issuance of a Special Use Permit for the use of “motor vehicle repair”. Housing and Code Enforcement Inspector/Interim Associate Planner Joe Hartmann reviewed a request for a re-zoning of the Subject Property, located at 5300 Dupont Avenue North. He stated the Applicants, Lori and James Dean, are requesting approval for an addition to their building to allow for more office and storage space, as well as a new bathroom. He added the business has been in continuous operation for over 75 years in the Bellvue neighborhood, which is currently zoned R2 (One and Two Family Residence) District. Mr. Hartmann stated the business and Subject Property are considered a legal non-conforming use within the Zoning District given its current zoning designation, and expansion would not normally be allowed per City Code regulations related to non-conforming uses. He added the request to re-zone the property to the C2 (Commerce) District requires a public hearing and issuance of a related Special Use Permit given the motor vehicle repair use. He noted that re- zonings must be consistent with the City’s Comprehensive Plan and not constitute spot zoning. Commissioner Koenig arrived at 7:06 p.m. Mr. Hartmann stated the property was rezoned in 1972 from a commercial (B3 General Business) District property to an R2 (One and Two Family Residence) District property. Staff was unable to make a determination through City records as to the rationale for this change. He added the business has a long-standing history in this neighborhood, and noted the Applicants are willing to invest in their property and address existing Code issues. He noted the zoning change would be appropriate as the property is being used for commercial purposes and the City’s comprehensive plan notes a future land use designation for the Subject Property as “Commercial,” with adjacent low-density residential uses. Mr. Hartmann stated the proposed Special Use Permit would not impede normal development and improvement of surrounding properties for the uses permitted in the adjacent R2 and R4 Districts, as the intent is to continue operation of the existing motor vehicle repair shop use, which has operated in this location for at least 75 years. He added that approval of a Special Use Permit would require that certain compliance issues be addressed, including the striping of the parking lot and enclosing of the trash dumpster. He noted City Staff have provided an amended list of conditions of approval related to street lighting, fencing, and gutters on the existing building and noted that the Planning Commission should identify whether or not these items should be formally incorporated into the conditions of approval or not. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-010 Chair Christensen opened the public hearing at 7:20 p.m. Ken Singleton, 5253 Aldrich Avenue North, stated he has been a loyal customer of Christy’s and has lived in the neighborhood for over 40 years. He added the Deans (“the Applicants”) keep the PC Minutes 07-11-19 -3- DRAFT property well-maintained and it is an excellent business that he recommends to all his friends and family. Norma Rydholm, 5307 Dupont Avenue North, stated she has lived across the street from Christy’s for over 50 years. She added neighborhood residents are proud to have the business there, and it is very clean and there have never been any problems. She noted Christy’s is an asset to the neighborhood, and she does not see any problem in granting their request. Ray Ideen, 5310 Dupont Avenue North, stated he appreciates that the Deans want to put effort and money into their business. He asked, with parking updates, where snow will be stored in the winter. Lori Dean stated snow will be plowed to the back of the parking lot. She added they will be required to have striped parking spaces, but they will not add parking spaces in that location. Mr. Ideen noted that the current fence between the Subject Property and his property has privacy slats. He asked whether a replacement fence made of wood would be as sturdy as the existing fence. He asked whether a wood fence is a Code requirement for a commercial property. Chair Christensen stated City Staff will work with the Applicant to ensure that appropriate fencing is approved. City Planner Ginny McIntosh stated City Staff are trying to bring the property into compliance as much as possible for an existing commercial use in a residential neighborhood that predates the incorporation of Brooklyn Center as a city. She added, in the C2 Zoning District, anything that is being stored or serviced must be kept behind a minimum six-foot minimum opaque fence. She noted the type of fence that is currently on the property utilizes slats and will be reviewed as part of this application. The Applicants are utilizing a wooden fence to screen some outside storage along the north side of their building. This fencing would go away should the Applicant receive approval for and construct their proposed addition. Ms. McIntosh stated other issues that require review are lighting and gutters, as Mr. Ideen had noted that the existing lighting is bright and he has water pooling issues in his backyard, which is located to the north of the Subject Property. Mr. Ideen asked whether the Applicants intend to change their hours of business. Mr. Dean stated the hours will remain the same. Mr. Ideen asked whether drainage can be mitigated, as heavy rainfall runs onto his property from the Christy’s Auto Service parking lot. Mr. Ideen asked whether the re-zoning is a permanent change for the property and whether the re-zoning would allow them to make changes to their property whenever necessary. Chair PC Minutes 07-11-19 -4- DRAFT Christensen confirmed the re-zoning would be a permanent change. Ms. McIntosh confirmed the re-zoning is intended to be a permanent rather than temporary change, and clarified that with the re-zoning of the Subject Property to a commercial district designation, any proposed additions or substantial alterations to the Subject Property would require that a formal application be made, with review by Planning Commission and City Council, and final approval by the City Council. She added that the request to construct the proposed addition requires approval of the submitted site and building plan. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to close the public hearing on Application No. 2019-010 at 7:30 p.m. The motion passed unanimously. Lori and James Dean, Applicants and owners of Christy’s Auto Service, addressed the Planning Commission. Ms. Dean asked if the fence needs to be wood, as that will be very expensive. Mr. Dean agreed, adding the neighbors do not mind the fence that is already there. Mr. Christensen stated City Staff would work with the Applicants to resolve this issue. He added there is some flexibility with regard to “opaque” fencing. Ms. Dean asked whether the dumpster fencing needs to be wood. Ms. McIntosh stated it is a Code requirement that any dumpsters must be fully enclosed and out of sight. The enclosure material needs to be opaque, and it is typically requested that the enclosure materials complement the building. Ms. Dean stated concerns that the building is over 2,000 square feet and does not currently have a fire sprinkler system. Ms. McIntosh stated the Applicants can review fire sprinkler requirements with the Building Official. She added the building is currently non-conforming, but with the proposal to construct an addition onto the building, Code requirements, such as installation of a fire sprinkler system, are triggered. Fire sprinkler requirements cannot be negotiated as part of the Planning Commission Application process. Commissioner MacMillan asked what the addition will be used for. Mr. Dean stated the business needs additional storage space for tires and equipment. Ms. Dean stated they hope to add another full stall with the space that is freed up. Commissioner Koenig asked whether the Applicants will have space for required additional parking. Mr. Dean confirmed this. Ms. McIntosh noted that City staff would work with the Applicants to address parking requirements, striping, and any ADA requirements. Commissioner Koenig stated he supports the request. He added this business has existed for over 75 years and is exactly the type of local neighborhood business that is needed in Brooklyn PC Minutes 07-11-19 -5- DRAFT Center. He noted the Applicants are willing to continually invest in their property and add to the quality of the neighborhood. Chair Christensen asked whether the conditional items are a recommendation or should be added to the resolution. Ms. McIntosh stated a few items came up after the resolution was prepared based on feedback after notices were mailed. She added lighting must comply with City requirements, specifically on-site lighting that is not conforming, and lighting must be downcast and shielded. She added gutters should be addressed given the impervious natures of the Subject Property and the noted water pooling issues. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-009 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-010 SUBMITTED BY LORI AND JAMES DEAN (BOULEVARD HOLDINGS, LLC) There was a motion by Commissioner Koenig, seconded by Commissioner MacMillan, to approve Planning Commission RESOLUTION NO. 2019-009. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 22, 2019 meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6b) Planning Commission Application No. 2019-012 (Public Hearing) Applicant: Brett Angell (representing the City of Brooklyn Center Economic Development Authority) Property Address: 5355 and 5357 Emerson Avenue North Summary: The Applicant is requesting preliminary and final plat approval to consolidate two EDA-owned lots located at the southwest corner of Emerson and 54th Avenue North into the EMERSON EDA ADDITION. The EDA intends to put out a Request for Proposals to allow for the construction of a new single-family home in the R-2 (Two Family Residence) District. Mr. Hartmann reviewed a request for a preliminary plat for 5355 and 5357 Emerson Avenue North. He stated the Economic Development Authority (EDA) purchased the property at 5357 Emerson Avenue in 2016 and acquired 5355 Emerson Avenue in 2018. He added the request is PC Minutes 07-11-19 -6- DRAFT to combine the two properties and develop the resulting property into a single-family home. He noted a public hearing is required. The R2 District, where the properties are located, allow for both one and two family homes. He added a single-family home would be allowed under the R2 Zoning District regulations, but a two-family home would not meet the minimum lot size requirements. He noted the 2040 Comprehensive Plan identified a goal of more diverse housing options in Brooklyn Center’s existing neighborhoods. Mr. Hartmann stated public utilities remain on site, and the EDA is drafting a Request for Proposals (RFP) for developers to submit plans for the site. He added both properties are currently vacant, and there is a curb cut on Emerson Avenue North which would be required to be removed if the property is developed with a garage facing the alley, like the other homes on this block. Mr. Hartmann stated City Staff recommends that the Planning Commission recommend City Council approval of the request for a preliminary and final plat for the Emerson EDA Addition. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-012 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2019-012, at 7:58 p.m. The motion passed unanimously. Brett Angell, representing the City of Brooklyn Center, 6301 Shingle Creek Parkway, stated he is available to answer the Planning Commission’s questions. There were no questions or comments. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to close the public hearing on Application No. 2019-012. The motion passed unanimously. Chair Christensen stated he supports adding a new single-family home in this neighborhood. Commissioner Koenig asked what the width and length of the lot will be. Mr. Hartmann stated the two parcels are approximately 40 feet wide each. Commissioner Schonning stated he supports the request, which will provide the opportunity to add a move-up home in the neighborhood. He added this is a goal that has been expressed in the Comprehensive Plan. PC Minutes 07-11-19 -7- DRAFT Chair Christensen requested clarification regarding the curb cut. Mr. Angell stated the RFP was released that day, and City Staff would like to receive bids before deciding whether or not to add a requirement to remove the curb cut. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-010 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-012 SUBMITTED BY BRETT ANGELL (REPRESENTING THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY) There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to approve Planning Commission RESOLUTION NO. 2019-010. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 22, 2019 meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6c) Planning Commission Application No. 2019-013 Applicant: Ross Naylor (Alliiance) Property Address: 6700 Shingle Creek Parkway (Medtronic) Summary: The Applicant is requesting Site and Building Plan approval to construct a 26-foot tall, 2,600-square foot addition on the northeast corner of the existing Medtronic south building. This addition would house three new chillers, with three roof top cooling towers, and would allow for the decommissioning of aging chillers currently on site. Ms. McIntosh reviewed a request for site and building plan approval for the Medtronic site at 6700 Shingle Creek Parkway. She added Ross Naylor of Alliiance on behalf of Medtronic is seeking approval for a chiller plant addition, to be constructed on the northeast corner of the Medtronic south building. She noted the Medtronic complex was originally developed in the 1970s and there have been various approvals for additions to the Medtronic campus in Brooklyn Center since. The last request came through last year with site and building plan approval for an approximately 13,000-square foot dry room addition, which is nearing completion at the Medtronic north building. PC Minutes 07-11-19 -8- DRAFT Ms. McIntosh stated the proposal is for a 2,600-square foot chiller plant addition that would be 26 feet in height and constructed of concrete masonry and stucco to match the existing south building. She added the Applicant intends to remove select water main, mechanical equipment and fencing to construct the addition, and a new water main would need to be installed. She noted the proposed addition is well within the setback requirements for the approximately 18- acre site. Ms. McIntosh stated an eight-foot high parapet wall is proposed to partially screen the cooling equipment; however, the Applicant is requesting that they not be required to fully screen the equipment as the addition is set back, away from City Right-of-Way. She noted that City staff had requested and obtained an additional rendering to provide clarity on what the addition would look like partially screened and how it would be viewed from the apartment building located to the north of the site. Ms. McIntosh stated City Staff requested additional information regarding potential noise generated from the chillers. She added noise levels fall within Minnesota Noise Pollution Control standards when measured from the Earle Brown Farm Apartments, which are approximately 430 feet from the building. Ms. McIntosh stated the Assistant City Engineer reviewed the application and recommended that best management practices should be used for erosion control and protection of existing City utilities. She added a condition of approval is that an encroachment agreement be drafted due to the location of the addition within an easement. She noted the Building Official and Fire Inspector have indicated that fire code requirements would need to be met. Ms. McIntosh reviewed additional conditions, including minimum landscaping requirements that must be met and compliance with City lighting requirements. She noted that, unless this location is absolutely necessary, a proposed new transformer and pad are to be located outside the easement. Ms. McIntosh stated City Staff recommends that the Planning Commission recommend City Council approval of the requested site and building plan for a 2,600-foot chiller plan addition to the Medtronic property, subject to compliance with the conditions of approval. Chair Christensen asked whether screening will affect the noise study, and whether the Applicant intends to limit the amount of screening they will install. Ross Naylor, representing Alliiance, stated the existing cooling towers on the ground are not screened, but the noise study showed that the existing towers fall within the noise threshold. Ms. McIntosh stated the Applicant is requesting that they not be held to Code requirements for screening. She added there would still be an 8-foot parapet wall with partial exposure of the cooling tower equipment. She noted City staff agreed that was appropriate based on sightline PC Minutes 07-11-19 -9- DRAFT studies and renderings, as screening of properties is typically required when viewed from the right of way and this is an interior location on the property. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-011 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-011 SUBMITTED BY ROSS NAYLOR (ALLIIANCE) There was a motion by Commissioner Koenig, seconded by Commissioner Tade, to approve Planning Commission RESOLUTION NO. 2019-011. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 22, 2019 meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6d) Planning Commission Application No. 2019-011 (Concept Review) Applicant: Coalition Development Property Address: 6101 and 6107 Brooklyn Boulevard, 3600 and 3606 1st Avenue North (Northwest Corner of Brooklyn Boulevard and 61st Avenue North) Summary: The Applicant is asking the Planning Commission to consider and solicit feedback for a concept development proposal that would redevelop four (4) EDA-owned properties located at the northwest corner of Brooklyn Boulevard and 61st Avenue North into a four-story, 113- unit market rate apartment complex. Ms. McIntosh stated a concept review is being requested by Coalition Development to receive Planning Commission comments and feedback on a proposed development at the intersection of Brooklyn Boulevard and 61st Avenue North. She added no action will be taken and any comments made are non-binding. Ms. McIntosh stated Coalition Development proposes to develop a four-story, 113-unit multi- family development. She added the City Council has discussed the predevelopment agreement and reviewed the conceptual site plan. She noted the development would be a mix of market- rate and affordable units based on Hennepin County AMI-based rent limits. PC Minutes 07-11-19 -10- DRAFT Ms. McIntosh stated the developer is proposing a request for Tax Increment Financing (TIF) as the development falls within TIF District #6 which requires a percentage of affordable units per AMI requirements. She added, in this case, the development would be looking at 40% affordable units and 60% market-rate units. Ms. McIntosh stated the conceptual site plan includes a shared driveway with The Sanctuary development off of Brooklyn Boulevard. She added this improves circulation and access, aligns better with Brooklyn Boulevard, and situates the building closer to Wangstad Park. She noted the addition of walk-up patio units along 61st Avenue North provides a residential feel, and public art installations and enhanced landscaping are planned along Brooklyn Boulevard and near Wangstad Park. Ms. McIntosh stated the developer has a Preliminary Development Agreement (PDA) with the City that expires July 30, 2019. She added the purchase agreement for the sale of the four EDA- owned properties would replace the PDA. Ms. McIntosh stated a representative from Coalition Development was present to answer the Planning Commission’s questions. Patrick Cruikshank, representative for Coalition Development, has been working with City Staff on this development concept since January. He added they are attempting to find the perfect balance of units, parking, green space, and community. Chair Christensen asked whether the units would have balconies. The Applicant stated balconies are being considered. Commissioner MacMillan stated balconies often end up being storage. He added there could be enforcement to ensure that residents keep their balconies free from storage items. The Applicant stated balconies are popular, from a marketing perspective. He added the developers are flexible as this is a significant added cost. He noted market studies show that the trend is for studio and one-bedroom apartments in the metro area. Commissioner Koenig asked whether there will be concrete patio pads for ground floor units. The Applicant confirmed this. He added they have listened to the comments of City Staff, to get a sense of what is desirable. Mr. Koenig stated patios can be problematic. Commissioner Schonning stated patios are a connection with the community and add an amenity to the apartments. He added a strong landowner will be able to manage it, and it will be worth the extra cost. PC Minutes 07-11-19 -11- DRAFT Commissioner Schonning expressed concern that there will be criticism from the community for trying to add another apartment complex on a 1.7-acre property. Chair Christensen asked whether soil testing has been done. Mr. Angell stated City Staff are conducting environmental assessments on the site. He added a Brownfields Grant was approved for Phase 1, beginning next week, and a grant application has been submitted to Hennepin County for funding for Phase 2. Chair Christensen stated he is concerned about underground parking and balconies on the studios. He added he is not supportive of having a lot of studios. The Applicant stated market studies have indicated that studio apartments are in high demand, and financing is often based on results of market studies. Chair Christensen stated the community room and patio could be located on the 2nd level so it is accessible for residents only. He further inquired about the water table at this location as the City is known for having a higher water table that would be unable to support underground parking. Mr. Angell stated there is no evidence to suggest that the water table is high in this location. He added environmental testing will hopefully provide that information. He noted the Sanctuary building plans could also prove helpful. Commissioner Koenig requested clarification regarding Brooklyn Center’s “unique situation” as referenced in the Staff report. Ms. McIntosh stated the current market rate for rents in Brooklyn Center are lower than other neighboring municipalities. The Applicant stated the City of Brooklyn Center has a lot of naturally occurring affordable housing, or NOAH. He added renters want to stay in Brooklyn Center and they want affordable housing, and this development will help provide it. He added the apartments will be market-rate apartments, but 40% will be affordable, as defined by Hennepin County. Commissioner Koehn asked whether the developer is applying for other subsidies besides TIF. He asked whether individual residents will receive assistance. The Applicant stated residents will need to qualify for affordable housing to be in those units. He added the development will be held to the number of affordable units for 10 years. Commissioner Sweeney stated a person with annual income of $42,000 is making $20 an hour. She added this could be skilled labor, but it is not minimum wage. Commissioner Schonning agreed, adding it is work force housing. Chair Christensen asked what the difference will be between market rate and affordable units. The Applicant stated there will be no difference between the units, which will be built to the PC Minutes 07-11-19 -12- DRAFT same quality standards. He added the differentiation is the rent rates which will be held open for qualified individuals. Commissioner Tade asked whether the Jerry’s Foods development was approved and is moving forward. Ms. McIntosh confirmed this. She added construction of the two buildings will not start simultaneously. Commissioner Tade expressed concern about the many apartment developments that are being built, and whether there will be enough people to live in them. Chair Christensen stated new apartments with amenities are desirable to renters. He added he agrees he would not want there to be too many apartments. He noted he would like to see a development of townhomes or condos. Commissioner Tade asked what will happen to older apartment buildings in Brooklyn Center, and whether they will be able to rent their apartments. Commissioner Schonning stated new construction puts pressure on older buildings to upgrade and renovate. Commissioner Schonning stated, according to his research, most of Brooklyn Center’s apartment complexes are at zero vacancy. He added residents are moving toward having no maintenance and the amenities that apartment complexes offer. Chair Christensen stressed the importance of keeping residents in Brooklyn Center. He added many residents like the accessibility of Brooklyn Center for getting to downtown and other areas of the Twin Cities. 7. DISCUSSION ITEMS 7a) PLANNING COMMISSION VACANCY Ms. McIntosh stated there have been two Applicants for the Planning Commission vacancy for some time. She added the Mayor is attempting to schedule meetings. Until then, the Planning Commission still has one vacancy. 7b) CITY COUNCIL MEETING UPDATES Mr. Angell stated the City Council accepted a bid for construction of the municipal liquor store and additional future tenant space. He added the City Council is reviewing options and goals for possible tenants. Mr. Angell stated the City Council will review an amendment to the Eastbrook Estates 2nd Addition final plat at their July 22, 2019 meeting. PC Minutes 07-11-19 -13- DRAFT Mr. Angel stated, at their July 8, 2019 meeting, the Economic Development Authority approved the sale of Eastbrook Estates 2nd Addition to Centra Homes and approved the term sheet between Real Estate Equities and the City for Tax Increment Financing. He added other items approved by the City Council include Brownfields funding; acceptance of a bid for municipal liquor store equipment; franchise fees for Excel Energy and CenterPoint Energy; and creation of a new TIF District #8 for the Real Estate Equities project. 7c) POTENTIAL FUTURE JOINT SESSION - OPPORTUNITY SITE Ms. McIntosh stated a joint session regarding the Opportunity Site is being planned. She added Community Development Director Meg Beekman has suggested the date of August 29, 2019. She noted the City Council hosted a joint meeting on July 1, 2019 with Alatus, consultants, and City Staff to discuss the latest concepts for the Opportunity Site. It was the Consensus of the Planning Commission to schedule a joint session to discuss the Opportunity Site on August 29, 2019 at 6:00 p.m. The Planning Commission expressed their preference for Thursdays if an alternate date is required. Chair Christensen stated he is not available on August 22, 2019. 8. OTHER BUSINESS There were no Other Business items. 9. ADJOURNMENT There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:17 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair App. No. 2019-014 PC 08/15/2019 Page 1 Planning Commission Report Meeting Date: August 15, 2019 Application No. 2019-014 Applicant: City of Brooklyn Center Request: Amend Section 35-2240 (CC Central Commerce Overlay District) of the City of Brooklyn Center Zoning Ordinance to clarify permitted and prohibited uses within said District REQUESTED ACTION The City of Brooklyn Center (“the City”) is requesting review and consideration of a request to amend Section 35-2240 (CC Central Commerce Overlay District) of the City of Brooklyn Center Zoning Ordinance to clarify permitted and prohibited uses within said district. A public hearing notice was published in the Brooklyn Center Sun Post on August 1, 2019 (Exhibit A). BACKGROUND The City is requesting the review and consideration of changes to the uses allowed within the designated Central Commerce Overlay District (“the District”) that would provide clarity to the outlined permitted and prohibited uses within the District (Exhibit B). At the July 8, 2019 City Council work session, a discussion was held regarding the former Sears site and the work currently being undertaken by the City of Brooklyn Center and its consultant team relating to a land use study on the 15-acre Sears site, as well as the update to the City Zoning Ordinance, which must be consistent with the Comprehensive Plan. In July 2018, the City Council adopted an interim ordinance which authorized a study and placed a moratorium on the Sears property, which is located within the Central Commerce Overlay District. With the moratorium set to expire this month (August 2019), and as the planning work has not yet been completed, City staff is recommending several amendments to Section 35-2240 (CC Central Commerce Overlay District) of the existing Zoning Ordinance, which would ultimately bring the uses permitted in the District closer in alignment to the future land use plan identified in the 2040 Comprehensive Plan and remove the least desirable and incompatible uses from being allowed. A copy of the City Council memorandum and an excerpt of the minutes are attached hereto as Exhibit C. Following conclusion of the discussion, City Council directed City staff to bring the proposed amendments to the Central Commerce Overlay District through to the Planning Commission for review and to hold a public hearing on this matter before bringing the item back before the City Council. The request to amend the District is part of a larger project currently underway with the Becoming Brooklyn Center project, which will ultimately result in a new Zoning Ordinance, zoning districts, site- specific development plans (including the Sears site); a detailed master plan for the EDA-owned, 35-acre portion of the City’s designated “Opportunity Site,” and a Brooklyn Boulevard redevelopment framework. •Application Filed: 07/16/2019 •Review Period (60-day) Deadline: 09/14/2019 •Extension Declared: N/A •Extended Review Period Deadline: N/A App. No. 2019-014 PC 08/15/2019 Page 2 AMENDMENTS TO CENTRAL COMMERCE OVERLAY DISTRICT Overlay districts generally apply an extra level of regulations or development criteria above the standard underlying zoning district. The District is an area roughly bounded by I-94/694 on the north, Highway 100 on the south and east, and Brooklyn Boulevard and Shingle Creek on the west (refer to Map 1 below). MAP 1. Central Commerce Overlay District. The proposed amendments to the District uses would specifically remove or restrict certain auto- oriented type uses, including auto repair shops and gas stations, truck and trailer rental establishments, and indoor storage establishments, as well as provider greater restriction on the outdoor storage or display of materials, vehicles, and equipment, and the retail sales of tires, batteries, and automobile accessories and marine craft accessories. The proposed amendment would allow for standalone car washes. The proposed changes would also update certain terminology to be consistent with other City Code language, including the updating of “transient lodging” to “hospitality accommodations,” inconsistencies with certain permitted and prohibited uses (i.e. “antiques and secondhand merchandise” as a permitted use, but “pawn shops” and “secondhand goods dealers” as a prohibited use), and the addition of “multifamily residential dwellings” as a permitted use, provided the land use is consistent with the underlying Future Land Use designation in the 2040 Comprehensive Plan. App. No. 2019-014 PC 08/15/2019 Page 3 Consistency with 2040 Comprehensive Plan The “2040 Land Use & Redevelopment Goals” identified within the Comprehensive Plan state that the Future Land Use Plans should be supported through the update or creation of relevant and market- based small area plans, redevelopment plans, and the zoning ordinance. The Plan further notes that, “the City has regularly studied and contemplated how to redevelop and reimagine its core hoping to bring back the vitality and vibrancy that once defined the community,” and adds, “building on previous efforts, this Plan introduces the idea of transit and accessibility as an overarching way to organize and guide land uses and redevelopment of the area.” The identified Central Commerce Overlay District, as it exists today, is almost entirely comprised of land that holds a Future Land Use Designation of “Transit Oriented Development (TOD).” The remaining portions possess designations of “Commercial Mixed-Use (C-MU),” and “Business Mixed-Use (B-MU),” with some “Public/Semi-Public and Institutional (PSP/Institutional)” and “Parks, Recreation, and Open Space (PROS).” Refer to Map 2 below. MAP 2. 2040 Future Land Use Plan. App. No. 2019-014 PC 08/15/2019 Page 4 The TOD designation is a new land use designation, and the land here is generally within a half mile of the Brooklyn Center Transit Station. A minimum of 75-percent of the land within this designation is planned to be developed with high-density residential uses, with the remaining portion set aside for a mix of retail, office, and commercial uses. Redevelopment in this area will focus on connecting to the Transit Station and C-Line Bus Rapid Transit (BRT) stop, future D-Line BRT stop, as well as creating a walkable, bikeable, vibrant core in the City. The Land Use & Redevelopment chapter of the 2040 Comprehensive Plan acknowledges that, “within the TOD land use designation some areas of the Shingle Creek Crossing development have been redeveloped including a few national big-box sites and small strip retail within the last 10 years. These efforts have primarily continued to focus on an auto-centric typical suburban retail environment without much consideration of the potential to incorporate housing into a master plan. As a result of the recent redevelopment efforts, it is unlikely that this entire area will redevelop within this planning period, but the City still believes that it is important to guide it for TOD so it is clear as the area continues to evolve there is the potential to develop the area with a more compact and transit-minded development pattern.” Overlay District Considerations In consideration of the Zoning Ordinance updates currently underway, it is anticipated that the Central Commerce Overlay District will ultimately either be eliminated or significantly altered from its current form; any amendments to it to address concerns regarding the Sears site or other properties located within the District would be inherently temporary while the City completes the Zoning Ordinance rewrite work and the rest of the master planning work which may be affected by changes to the Overlay District. It should be further noted that City staff has proposed amendments to the Overlay District that would protect any businesses, and particularly auto-oriented type uses that are in active use to this day. Although “auto repair establishments” and “gas stations” would move from being a “permitted use” to a “prohibited use,” Article II (Prohibited Uses) of the draft Ordinance amendment specifies that, Article II. Prohibited Uses. Section 35-2240, paragraph 3 of the Brooklyn Center City Code identifying the uses prohibited in the CC Central Commerce Overlay District is hereby amended as follows and shall be renumbered as needed: 3.The following uses are not permitted in the CC Central Commerce Overlay District: a.sauna establishments b.massage establishments c.currency exchanges d.pawn shops e.secondhand goods dealers f.auto repair establishments g.gas stations h.truck and trailer rental establishments i.indoor storage establishments Text with “=” indicates addition of new language to Section 35-2240 (CC Central Commerce Overlay District) App. No. 2019-014 PC 08/15/2019 Page 5 Any of the uses lawfully existing in the CC Central Commerce Overlay District prior to October 1, 2019 shall be allowed to continue and shall be considered conforming uses, provided they remain in continuous operation. If any such use is discontinued for at least 12 months, it shall not be allowed to resume and any subsequent use of the property shall comply with the provisions of this section. This would allow certain existing auto repair establishments and a gas station located within the District to remain so long as they are in active operation. There are currently no “truck and trailer rental establishments” or “indoor storage establishments” within the District. Any use that is discontinued for a period of 12 months or more would not be allowed to resume and would be required to comply with the amended provisions of Section 35-2240 (CC Central Commerce Overlay District). A copy of the proposed amendments, including proposed removals of language (indicated with a strikethrough), and additions of language (indicated with a double line), is attached as Exhibit B. Based on staff findings, staff recommends Planning Commission recommendation of the proposed amendments to Section 35-2240 (CC Central Commerce Overlay District) of the City Zoning Ordinance. RECOMMENDATION Based on the above-noted findings, staff recommends the following motion: Motion to approve a Resolution recommending that the City Council approve certain amendments to Section 35-2240 (CC Central Commerce Overlay District) of the City Zoning Ordinance based on the above outlined findings of fact. ATTACHMENTS Exhibit A – Public Hearing Notice, published in the Brooklyn Center Sun Post, dated August 1, 2019. Exhibit B – An Ordinance Amending Chapter 35 Regarding Uses Allowed in the CC Central Commerce Overlay District. Exhibit C – July 8, 2019 City Council Work Session Memo and Excerpted Minutes, Former Sears Site Development Strategy Update and Discussion. Exhibit A 1 607102v1BR291-16 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2019, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending the zoning regulations regarding uses allowed in the CC Central Commerce Overlay District. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 35 REGARDING USES ALLOWED IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Allowed Uses. Section 35-2240, paragraph 2 of the Brooklyn Center City Code identifying the uses allowed in the CC Central Commerce Overlay District is hereby amended as follows and shall be renumbered as needed: 2.The following uses are allowed in the CC Central Commerce Overlay District: . . . n.Contractor's offices, provided there is no outdoor storage of materials, commercial vehicles or other equipment on the site. s. Leasing offices, provided there is no storage or display, either indoor or outdoor, of products on the use site. aa. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies, provided there is no outdoor storage of materials, commercial vehicles or other equipment on the site. bb. The retail sale of tires, batteries and automobile accessories and marine craft accessories, including service bays used for installation and maintenance of the items sold on the premises, and provided: 1) There is no outdoor storage of materials or equipment on the site; 2)Service is limited to regular maintenance items including, but not limited to, oil changes, tire mounting, rotation and alignment, and Exhibit B 2 607102v1BR291-16 other similar services. Large engine repair, body work and painting are not permitted; 3) No more than three (3) service vehicles may be parked outside of the building; 4)All service vehicles parked outside of the building must be fully operable and licensed; 5) Service vehicle parking is limited to 48 hours per vehicle; and 6)All other provisions of Section 35-414 of the City Code must be met. ee. The retail sale of miscellaneous items such as the following: 1) Drugs and proprietary items 2) Liquors 3) Antiques and secondhand merchandise 4) Books and stationery 5) Garden supplies 6)Jewelry 7)Flowers and floral accessories 8)Cigars and cigarettes 9)Newspapers and magazines 10) Cameras and photographic supplies 11) Gifts, novelties and souvenirs 12)Pets 13) Optical goods 14) Sporting goods and bicycles ff. The following repair/service uses: 1)Electrical repair service shops. 2) Household appliances, electrical supplies, heating and plumbing equipment, provided there is no outdoor storage of materials, commercial vehicles or other equipment on the site. 3) Radio and television repair service shops. 4)Watch, clock and jewelry repair service shops. 5) Laundering, dry cleaning and dyeing. gg. Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes, trailer and truck rental in conjunction with these uses, provided that there is adequate parking space available for these vehicles Standalone auto washes. 3 607102v1BR291-16 hh. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customer s within the principal building) provided adequate parking is available consistent with the Section 35-704, 2 (b) and 2 (c). ii.Transient lodging Hospitality accommodations. __. Multifamily residential dwellings, provided the use is consistent with the underlying Future Land Use designation in the 2040 Comprehensive Plan. For the purposes of this paragraph, “commercial vehicle” means a truck-tractor, semi- trailer, or any other vehicle, other than a passenger vehicle, with a length greater than 21 feet, a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds. Article II. Prohibited Uses. Section 35-2240, paragraph 3 of the Brooklyn Center City Code identifying the uses prohibited in the CC Central Commerce Overlay District is hereby amended as follows and shall be renumbered as needed: 3.The following uses are not permitted in the CC Central Commerce Overlay District: a.sauna establishments b.massage establishments c.currency exchanges d. pawn shops e.secondhand goods dealers f.auto repair establishments g. gas stations h.truck and trailer rental establishments i.indoor storage establishments Any of the these uses lawfully existing in the CC Central Commerce Overlay District prior to October 1, 2019 shall be allowed to continue and shall be considered conforming uses, provided they remain in continuous operation. If any such use is discontinued for at least 12 months, it shall not be allowed to resume and any subsequent use of the property shall comply with the provisions of this section. Article II. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. 4 607102v1BR291-16 Adopted this ___ day of __________, 2019. ____________________________ Mike Elliott, Mayor ATTEST: _________________________ City Clerk Date of Publication _________________________ Effective Date _____________________________ (Strikeout indicates matter to be deleted, double underline indicates new matter.) MEMORANDUM - COUNCIL WORK SESSION DATE: 7/8/2019 TO: Curt Boganey, City Manager THROUGH: N/A FROM: Meg Beekman, Community Development Director SUBJECT: Former Sears Site Development Strategy Update and Discussion Background: In July 2018, the City Council adopted an interim ordinance which authorized a study and placed a moratorium on the Sears property. Since that time, the City has engaged a consultant team to, among other things, assist with studying the site and completing a development strategy for the property. Since the adoption of the moratorium, the Sears store has closed, along with the related auto repair center. The two buildings sit on 15 acres adjacent to Shingle Creek Crossing and Highway 100, and the site is one of the most visible in Brooklyn Center. The property is currently zoned PUD/C2; a remnant of the former Brookdale Mall, and was excluded from the master planning activities that the City underwent when the former mall was redeveloped into Shingle Creek Crossing. As such, the property has not had the benefit of a broader visioning with regard to its future since it was initially developed in the 1960s. The 2040 Comprehensive Plan identifies the future land use designation for the property as Transit Oriented Development (TOD). This is due to its proximity to both the Brooklyn Center Transit Center, as well as a BRT Transit Stop immediately adjacent to the site at Xerxes Avenue and 56th Avenue N. The TOD land use category allows a wide range of uses, and generally supports a higher intensity of land use in order to promote walkability and to leverage the transit investment in the area. Staff has been in communication with representatives from Sears who are have indicated their interest in working with the City on a land use study and revisioning for the site, though they have also acknowledged their desire to sell the property at the highest possible price. The private ownership of this site makes it unique from other planning efforts underway in the City. Sears, and whomever they may choose to sell the property to, has inherent property rights under the existing zoning code, which would allow any use in the underlying C-2 District, and those uses which are allowed within the Central Commerce Overlay District as well since this site is within that overlay area. Planning Process Staff and the consultant team have put together a work plan for the former Sears site to accomplish the tasks related to the scope of work on the site. The work plan is attached to this report and includes details related to the proposed analysis of the site, community engagement process, and anticipated deliverables from the work. Overlay District Amendments The moratorium is set to expire in August. While the planning work will not be completed by then, staff has reviewed the existing zoning code and is suggesting several amendments to the Central Commerce Overlay District which would remove the least desirable uses from being allowed on site. One concern related to the site is that Sears may decide to sell a portion of the property, allowing a subdivision and reuse of the former Exhibit C automotive repair center, leaving the larger building vacant. This would impede a future redevelopment which was more comprehensive and limit the reuse of the site significantly. As part of the zoning code update work it is anticipated that the Central Commerce Overlay District will be eliminated or significantly altered from its current form; so any amendments to it to address concerns regarding this site would be inherently temporary while the City completes the zoning code rewrite work and the rest of the master planning work on this site and nearby sites which may also be affected by changes to the Overlay District. If the City Council is amendable to amendments to the Central Commerce Overlay District, then staff would bring those changes though the typical process which would include review and a public hearing with the Planning Commission and then the City Council. These would likely come before the Planning Commission and City Council in August. Policy Issues: Does the City Council have any concerns related to the amendments to the Central Commerce Overlay District? Is the City Council comfortable with the work plan related to the land use planning for the site? Strategic Priorities and Values: Targeted Redevelopment ATTACHMENTS: Description Upload Date Type July 8, 2019 - Memo from Haila Maze, Senior Planner, Bolton & Menk 7/2/2019 Backup Material 1 July 2, 2019 TO: Meg Beekman, Community Development Director, City of Brooklyn Center FROM: Haila Maze, Senior Planner, Bolton & Menk RE: Former Sears Property Master Plan: Draft Approach Project Overview The purpose of this memo is to summarize the City’s approach to creating a master plan with a site-specific development strategy for the former Sears site. The subject property is a 15.26-acre site located in the northeast quadrant of the Xerxes Avenue North/Brooklyn Boulevard and Highway 100 interchange, adjacent to the Shingle Creek Crossing Planned Unit Development (PUD). The property has been vacant since the store closure in September 2018. It also has been the subject of a development moratorium since July 2018, with the goal of creating a redevelopment approach for the site. As part of the larger Becoming Brooklyn Center contract, the City’s consultant team has been tasked with assisting with the master planning process. This memo describes the work to date and outlines next steps. Draft Development Guidelines The Sears site has been the subject of several Becoming Brooklyn Center TAC meetings and other internal conversations, and well as coordination with a number of individual stakeholders over the course of months. There has also been some initial work to review existing market conditions and site characteristics. From this initial work, some draft guidelines for the development strategy have emerged. They are listed below. •Development should support and complement the Shingle Creek Crossing PUD, including the ongoing plans for buildout of the existing development with additional commercial. •Non-subsidized private development of the site is preferred, though public financial subsidy could be considered if a development proposal was made that met other strategic priorities of the City. •The site plan should extend the trail corridor which currently terminates on the eastern edge of the site, to connect with alignments west of the site. •A use of the site that provides good jobs and significant tax base is preferred. 2 •As this is a high visibility location for Brooklyn Center, the site’s appearance should be attractive and represent the City well. •Due to the value and visibility of this site, lower intensity uses – including but not limited to storage, warehousing, and automotive sales and service – should be discouraged. •The development concept and timing should not compete directly with the City’s vision for the Opportunity Site, including positioning, timing, and uses. •The discussion on site access should be coordinated with potential roadway improvements in the vicinity, including the possibility of changes to Highway 100 access that may improve traffic safety and circulation patterns. Additional guidance for the site will be gathered through the community engagement process, as described later in this document. The purpose of identifying these guidelines will be to inform the City’s decision-making process regarding approvals related to the site, and to convey to stakeholders and potential developers the City’s position. This will also help to inform near-term actions on the site, as outlined in the section on next steps. Potential Development Alternatives For the Sears site, the team will develop series of viable development alternatives for the Sears site, based on an assessment of site conditions, market feasibility, and discussions with stakeholders. At this point, concepts being considered include: •Office/light industrial development. This would be a job-intensive use (as opposed to bulk storage or warehousing), possibly with a limited retail component. This option could provide jobs and tax base for the community, as well as potential customers for adjacent retail in Shingle Creek Crossing. •Shingle Creek Crossing extension. This would extend the footprint of the adjacent retail district, most likely in partnership with that development. Retail uses would be guided for ones that would be compatible with the current mix, and which would not overbuild the market. •Current building reuse. This option would involve a use or uses that could reuse one or both buildings on the site. This could include dividing or reconfiguring the space to better meet tenant needs. Reuse could be an interim strategy, with the possibility of redeveloping the site later, perhaps in response to changing market conditions. •Residential or mixed use. The current consensus seems to be that this is not currently the market to proceed with this, and that it may compete with Opportunity Site buildout. However, this will be explored conceptually, in terms of a longer-term possibility. Additional concepts and variations may be explored as identified through the subsequent engagement process. Concepts may represent preserving the site as a whole, or suggest subdividing it with the introduction of new roadways and connections, or realignment of existing ones. 3 Furthermore, the City acknowledges that with private ownership, there are limits on the level of control the City has of development outcomes. As such, the alternatives and options discussed will be designed to be flexible in response to potential development proposals brought to the city for review. Development Strategy The product from this planning process will be the creation of a development strategy. This will not be as extensive as the master planning work being done for the Opportunity Site, but will provide a framework to evaluate future development proposals. Elements of the development strategy will include: • An overview of existing policy and regulatory guidance impacting the site and its vicinity • Summary description of the public engagement process, and feedback received during that time • A summary of existing conditions on the site, including base mapping, drawing from information collected during the planning process • A brief assessment to the market context, in terms of feasible development alternatives and comparable sites • An updated version of development guidelines for the site, including any recommendations for site and building design • Discussion of the process of evaluating development alternatives, and the selection of the preferred scenario(s) • Analysis of systems framework in context of development site, including roads, trails, public spaces, and other connections • Visual master plan rendering of the preferred development scenario(s), and photos of precedent development types • Identification of public benefit from the selected development alternatives, such as additional jobs and tax base, improved public realm, business development opportunities, or other factors to be defined • Implementation strategy for the site, including: o Infrastructure and public realm improvements, including high level cost estimates, as well as potential funding and phasing strategies o Future land use and zoning classifications, including any needed amendments to City plans or codes o Potential City role in site redevelopment, potentially including public subsidy, site marketing and outreach, and development review o Any other actions needed on behalf of the City or its partners to implement the master plan 4 The results will be summarized in a presentation, to be given before the City Council, as well as in a report to be produced at the conclusion of this process. Public Engagement It is expected that public engagement around the master plan will be somewhat limited, due to the nature of the private ownership of the site and its context within the central commercial district. As such, the engagement will be focused on key stakeholders most impacted by the project, as well as leveraging other engagement efforts on broader issues. The proximity of this site to the Brooklyn Boulevard corridor suggests that this engagement could be coordinated with the engagement planned for that project later in 2019. At this time, the following engagement activities are proposed: •Stakeholder meeting. Engagement would kick off with a listening session for stakeholders that would be most immediately impacted by the redevelopment. This would include business and property owners, and/or property managers in the vicinity of the site. The meeting would present possible development concepts for review, and solicit feedback regarding their goals, concerns, and ideas related to the site’s redevelopment. •Targeted developer conversations. The process will be informed by feedback from developers – either solicited directly, or via their contact with the City. While this is less formal than the stakeholder outreach, it may provide useful information in terms of the perceptions of the site and potential development opportunities as well as the market feasibility of various concepts. •Open house. An open house will be held once the draft concepts have been developed, and input from immediate stakeholders has been incorporated. The purpose of the open house will be to present the draft concepts and receive feedback (like the stakeholder meeting) from the general public. •Brooklyn Boulevard outreach participation. As there will be additional meetings related to the Brooklyn Boulevard Development Framework, information from the Sears site master plan can be brought as a component to public meetings, to provide broader engagement. •Online engagement. Information on the Sears master plan, and opportunities to provide feedback, will be provided on the Becoming Brooklyn Center website. Additional information can be shared via the City’s main website and on social media. •On-site signage. Pending approval of the property owner, signage indicating the status of the master planning process – and where to find more information – may be posted on the site. The Becoming Brooklyn Center process is pursuing much broader engagement of the community on a range of sites. If additional feedback in other forums is relevant to the plans for the Sears site, it will be included in the analysis and in the summary of community feedback for the master plan. 5 Timeline and Next Steps As with the City’s Opportunity Site, this master plan is proceeding in the context of real-time decisions by property owners, developers, and others with a development interest in the site. As such, some City actions will not wait until the conclusion of the master planning process. These interim actions will include updates to the existing zoning, to address elements in the current zoning on the site that are inconsistent with the city’s overall development vision for the area – and the development guidelines identified earlier in this memo. These adjustments do not preclude additional zoning modifications later, as the City’s zoning ordinance is in the midst of a large-scale review to update it for consistency with the recently adopted citywide comprehensive plan. In terms of the timing of the master planning process, the following timeline is proposed. •July 2019 – stakeholder meeting and initial development alternatives •August 2019 – master plan development and refinement •September 2019 – public open house •October-November 2019 – plan finalized and approved amendment was made to accommodate the School District's needs with the understanding that it was a temporary arrangement. Mayor/President Elliott asked whether there are any businesses that would be negatively impacted by the moratorium. Ms. Beekinan stated current discussions are exploratory, and it is difficult to say who would be affected. Mr. Boganey agreed, adding the moratorium would affect current businesses that seek to redevelop their property as well as attracting new development. Councilmember/Commissioner Graves asked whether there is a mechanism for an applicant to appeal the moratorium decision if it is hurting their business. Mr. Boganey stated the moratorium could be lifted at any time during the 12 months. He added the moratorium will not force a property owner to sell but may cause a delay. Mr. Boganey stated the Master Plan would be completed within the 12 -month moratorium period. He added interested third parties would know the vision and goals of the community and what the City is trying to achieve. Councilmember/Commissioner Ryan stated the City owns 32 acres of the 81 acre -site. He stressed the importance of protecting the City's interests in this situation and preventing development that is not in line with the goals and interests of the Opportunity Site. Mayor/President Elliott stated it is a private property that could potentially be sold and developed. Mr. Boganey stated any potential development would need to be in line with City zoning and other regulations. He added it might not be exactly as envisioned by the City Council/EDA, but it would have to be consistent. Councilmember/Commissioner Lawrence -Anderson stated she supports the moratorium. She added similar action was taken by the City Council/EDA a few years ago on the issue of vaping devices. She noted this gave the City Council/EDA time and opportunity to review and amend the Ordinance, which was invaluable. FORMER SEARS SITE DEVELOPMENT STRATEGY AND UPDATE AND DISCUSSION Ms. Beekman stated City Staff are recommending a moratorium on development at the former Sears site. She added this would provide the opportunity to do further study, and consultants have been engaged to assist with this process. She noted the 15 -acre Sears property operates under a Planned Unit Development (PUD) and is adjacent to Shingle Creels Crossing, and it is the last remnant of Brookdale Mall. Ms. Beekman stated the property is unique and not used by the City as it is privately zoned, and the property owner is unwilling to discuss its development. She stressed the importance of 07/08/19 -5- having a vision and goal for the property, for residents and businesses who are interested in what the City has planned. She added City Staff proposes engagement activities with the immediate business owners to receive feedback and comments on what they would vision happening at the Sears property, as well as receive questions and concerns. Ms. Beelcman stated, in terms of potential future re -uses of the site, retail is the most obvious answer, but also something that utilizes transit investment. She added the property is currently in the Central Commerce Overlay District, to which amendments could be made that would prohibit lowest impact uses. She noted City Staff recommends simple modifications to the Central Overlay District or draft a process or approach for redevelopment planning and visioning for the site if there is a consensus from the City Council/EDA. Councilmember/Commissioner Lawrence -Anderson stated the property has great visibility from Highway 100. She added a home improvement store would be perfect for that location. She noted the City does not own the property. Mayor/President Elliott stated many residents had expressed the desire to have a global market. Councilmember/Commissioner Ryan stated he supports recommendations to lift the moratorium. Councilmember/Commissioner Graves agreed, adding she would also support engaging the businesses that are there and getting their feedback. Ms. Beekman stated City Staff had discussed goals for redevelopment, and this potential retail site could compliment the Shingle Creek Crossing PUD. She added non -subsidized private development is preferred, and benefits include connecting the regional trail across the property; providing jobs, creating an attractive shopping area, and potential roadway improvements. She noted low -intensity uses would be discouraged, such as storage units. Mayor/President Elliott stated language should be added that addresses development that supports the needs of the community. He added many residents have said that they do not shop at Shingle Creels Crossing. Ms. Beelunan stated redevelopment at this location would support Shingle Creels Crossing in that it would enhance its usefulness and its ability to be completed and rebuilt. Councilmember/Commissioner Graves stated having requirements regarding what types of businesses can be located in Shingle Creek Crossing is not the best policy. She added Sears had placed many such covenants on the Shingle Creek Crossing property. Mr. Boganey stated Sears was a party to the original PUD that regulated the site, as well as subsequent PUD amendments. He added the developer granted many covenants and restrictions 07/08/19 -6- that were put in place by Sears. He noted the original shared parking agreement between Sears and Brookdale Mall played a big part in that. Councilmember/Commissioner Lawrence -Anderson asked whether a new owner could purchase Sears without consent from or negotiation with the City. Ms. Beekman confirmed this, adding a new owner could lift restrictions or leave them in place. ADJOURNMENT Councilmember/Commissioner Butler moved, and Councilmember/Cormnissioner Lawrence - Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 10:00 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Work Session of the City Council of the City of Brooklyn Center held on July 8, 2019. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its July 22, 2019, Regular Session. M Barbara Suciu, City Clerk 07/08/19 -7- Mike Elliott, Mayor