HomeMy WebLinkAbout2010 05-27 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MAY 27, 2010
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes - April 29, 2010
4. 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.
5. Gary Brummer /GB Homes 2010 -008
Site & Building approval for construction of a 6,000 sq. ft. community room with indoor
pool, party room, exercise room, and offices for Gateway Commons.
6. Discussion Items
• Continued discussion on Farmers Markets: Review of Section 35 -800
Administrative Use Permits — Outdoor Sales Markets for Produce, Fruits, Plants
Flowers, Herbs
• Discussion on issues relating to the Sign Signage:
- Use of temporary signs for business promotion (portable & banners)
- Office building identification/signage with multiple street frontages
• May 10, 2010 City Council Update /Actions on Planning Commission Items
7. Adjournment
Application Filed on 5 -7 -10
City Council Action Should Be
Taken By 7 -7 -10 (60 Days)
Planning Commission Information Sheet
Application No. 2010 -008
Applicant: Gary Brummer /GB Homes
Location: 2900 Northway Drive (Central Court Area With Gateway Commons Apartment
Complex)
Request: Site and Building Plan Review for a 6,000 Sq. ft. Community Building
The applicant, Gary Brummer /GB Homes, is requesting site and building plan approval to
facilitate the construction of a 6,000 sq. ft. community building which includes the following
components:
0 A 42'x22' indoor pool and patio area (2,275 sq. ft.)
• A 724 sq. ft. outdoor patio accessed from the indoor pool area (8'x25' which is covered)
• An exercise room and sauna
• A 36'x22' party /gathering room
• 874 sq. ft. office area for onsite management
• A storage area/garage for a golf cart used to show potential renters the units and grounds
The site plan illustrates the location of the building within the northwestern portion of the 2.5
acre central park/open space area of this 15 + acre complex. Access to the building will be
provided by driveway from the central guest parking lot to a new parking area providing seven
parking stalls in front of the building. Additional sidewalks will be connected to the existing
walkways to provide resident access to the building.
BACKGROUND INFORMATION
A review of the original plans for this 252 unit apartment complex, known in 1968 as the
Brookdale Apartments, revealed that the proposed location of this community building is in the
general location of a previous outdoor pool and patio area that was supported by a two story
building that provided changing rooms, rest rooms, a small office area on the main level, and a
gathering room/party area on the 2 nd level. The foot print of this former building was 856 sq. ft.
ZONING
The property is zoned R -5 (Multiple Family Residence 21/2 and 3 story). This community
building is permitted as an accessory use incidental to the permitted use of multiple family
dwellings.
The site and building plan review is being processed under the provisions of Section 35 -230,
Plan Approval, a copy of this section has been attached to this report for reference.
5 -27 -10
Page 1
PROPOSED SITE AND BUILDING PLAN
The applicant proposes the same architectural treatment (brick color, stucco, and colored trims)
as the existing apartments. Colored photos of the existing buildings, to illustrate the earth tone
colors, will be available at the meeting.
Additionally, the applicant has been requested to provide information on the color and style of
the roof shingles.
COMPLIANCE WITH ORDINANCE
Building Setbacks Ordinance Proposed
Front Yard 35 ft. 320 ft.
Rear Yard 40 ft. 197 ft.
Side Yard 15 ft. 532 ft/ west. 670 ft/east
Parking Setback Ordinance Proposed
Front Yard 15 ft. 260 ft.
Side Yard 10 ft. 532' west, 685' east
Parkin Stalls
talls
2 per dwelling unit 504 stalls 533 original plan
• Southeast parking lot -81, Northeast parking lot - 65, North Central parking lot— 172
South Central parking lot — 66, Northwest parking lot — 76, Western parking lot — 41,
Southwest parking lot - 32
UTILITIES
The proposed utility plan illustrates that municipal water will be provided from an existing
private 8" water line from the center court of the western apartments and sanitary sewer will be
provided from an existing private 6" sanitary sewer line from the northwest parking area.
The plan also illustrates the location of storm sewer improvements to maintain current site
drainage.
The Engineering Department will be commenting on the drainage, utility, and grading
components of this application.
LANDSCAPE PLAN
The site indicates that four trees will be removed from this park setting to facilitate the
construction of the building, parking lot and concrete walkways.
Staff is recommending that the applicant provide replacement trees for those trees removed as
part of the development.
5 -27 -10
Page 2
Additionally, the applicant has expressed an interest in constructing an irrigation system and has
expressed a willingness to work with the City in providing the necessary easements to facilitate a
storm water detention /water quality pond to treat storm water before it is discharged into Shingle
Creek. This ponding area could also serve as an irrigation pond and result in an environmentally
friendly amenity.
ACCESS
The site plan proposes that access is provided from the central visitor parking area. An opening
to the east of the existing mailboxes is proposed in the security fence to access the building and
parking lot. The security fence would be extended to the front of the community building with
side gates to allow resident cross movement to the building and connecting the eastern and
western units.
LIGHTING/TRASH
At this time, the applicant has indicated his plans to provide security and accent lighting to the
entrance drive and building. Additionally, lighting for the pedestrian walkway has been
discussed. The applicant will be required to submit details on the lighting and identify the
location of the trash enclosure to comply with the site plan requirements.
SIGNAGE
The site plan identifies the location of a sign at the entrance to the new driveway. No details
have been provided at this time.
Chapter 34, Sign Ordinance, allows the following signage for multiple family dwellings:
• One wall sign per building not to exceed 10 sq. ft.
• Clustered developments of 36 or more units are entitled to one of the following options
at each major entrance, not to exceed a total of two entrances;
1. One freestanding sign no greater than 36 sq. ft. in area and less than 10 feet in height
2. Two identical freestanding signs located at opposite sides of the entrance each not
greater than 18 sq. ft. in area and less than 5 feet in height
RECOMMENDATION
We believe the plans are in order and approval is recommended subject to the following
conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval
by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of all site improvements.
5 -27 -10
Page 3
4. Any outside trash disposal facilities and shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing systems to meet
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
7. B -612 curb and gutter shall be provided around all parking and driving areas.
8. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
5 -27 -10
Page 4
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Planning Commission Application 2010 — 008
Site & Building Plan Review: Community Building /Gateway Commons
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Proposed Community Building for:
Gateway Commons
Apartments
2900 Northway Drive
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Section 35 -230. PLAN APPROVAL. It is declared to be the policy of the City to preserve
and promote an attractive, stable residential and business environment for its citizens through
encouraging well conceived, high quality developments. To this end, imaginative architectural
concepts shall be employed in the design of buildings and in the development of respective sites. In
this regard, every person, before commencing the construction or major alteration of a structure,
except one and two family dwellings and buildings accessory thereto, shall make application for plan
approval from the City Council. Plan approval may be required in conjunction with special use
permit consideration. The following rules shall govern applications for plan approval.
1. Procedures
a. A "Plan Approval" application shall be initiated by the owner of subject
property or by his authorized agent.
The applicant shall fill out and submit to the Secretary of the Planning
Commission a "Plan Approval" application, copies of which are available at
the municipal offices, together with a fee in an amount as set forth by City
Council resolution.
The application shall be filed with the Secretary of the Planning Commission
at least fourteen (14) days prior to the next regular meeting of the Planning
Commission.
b. The Secretary of the Planning Commission shall refer the matter to the
Planning Commission by placing the application upon the agenda of the
Commission's next regular meeting; provided, however, that the Secretary
may, with the approval of the Chairman of the Commission, place the
application on the agenda for a special meeting of the Planning Commission.
C. The Planning Commission shall report its recommendation to the City
Council not later than sixty (60) days following the date of referral to the
Commission. The date of referral is defined as the date upon which the
application is first considered by the Planning Commission.
d. The application and recommendation of the Commission shall be placed on
the agenda of the City Council within eighteen (18) days following the
recommendation of the Planning Commission, or in the event the
Commission has failed to make a recommendation, within seventy -eight (78)
days of the date of referral to the Commission.
I
City of Brooklyn Center 35 -10 December 3, 2005
e. The City Council shall make a final determination of the application within
forty-eight (48) days of the recommendation by the Planning Commission, or
in the event the Commission has failed to make any recommendation, within
one hundred and eight (108) days of the date of referral to the Commission.
If during City Council consideration of the plans the applicant submits
substantially altered plans from those originally submitted and reviewed by
the Planning Commission, the Council shall refer the altered plans back to
the Planning Commission for review and recommendation except for
alterations or changes requested by the City Council. The time needed for
such a referral and review of altered plans shall not count against the time
period which the City Council has to make a determination on the
application.
f. The applicant or his agent shall appear at each meeting of the Commission
and the City Council to answer questions regarding the maps, drawings, plans
and to furnish such information as may be required.
g. The Secretary of the Planning Commission, following the Commission's
action upon the application, and the City Clerk, following the City Council's
action upon the application, shall give the applicant a written notice of the
action taken. A copy of this notice shall be kept on file as a part of the
permanent record of the application.
2. Required Documents
Concurrent with filing application for plan approval, the applicant shall submit, as
required, to the Secretary of the Planning Commission the following documents and
information:
a. A survey drawing by a registered engineer or land surveyor showing
pertinent existing conditions, accurately dimensioned.
b. A complete set of preliminary architectural drawings prepared by a registered
architect showing:
I An accurately scaled and dimensioned site plan indicating parking
layout including access provisions, designation of locations of
possible accessory buildings; landscaping, including trees and
shrubbery with indication of species, planting, size and location.
II Fences or walls or other screening, including height and type of
material.
III Lighting provisions, type and location.
IV Curbs.
City o .T B Y n Center 35 -11 December 3, 2005
rookl
V Building floor plans, elevations, sections and outline specifications,
including materials proposed.
VI Existing and proposed land elevations, drainage provisions,
temporary and permanent erosion control provisions, and utility
provisions as may be required.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may impose such
conditions and restrictions as deemed necessary to protect the public interest and to
secure compliance with the requirements of the ordinance.
The conditions may include the execution and submission of a Performance
Agreement with a supporting financial guarantee that the subject property will be
constructed, developed, and maintained in conformance with the plans, specifications
and standards.
Section 35 -235. PERMIT FOR LAND DISTURBING ACTIVITIES.
1. No construction, reconstruction, development, redevelopment, grading, excavation,
or other activity shall occur without first securing a permit from the City Engineer if
such activity causes a land disturbance of one acre or more of land or a land
disturbance of less than one acre if it is a part of a common plan of development of
one acre or more.
2. The applicant shall submit an erosion and sediment control plan. The plan shall meet
the following requirements:
a. The plan shall be consistent with the Minnesota Pollution Control Agency's
Best Management Practices Handbook.
b. The plan shall describe steps to be taken to control construction impacts on
water quality such as discarded building materials, concrete truck washout,
chemicals, litter and sanitary waste.
C. The plan shall provide 2 -foot contour lines with spot elevations of proposed
grades in relation to existing grades on the subject property and adjacent
land. The location and type of erosion control devices shall be clearly
labeled.
d. The plan shall include every effort to minimize disturbances of existing
ground cover and shall provide that ground cover shall be provided within
five (5) days after completion of the grading operation. Erosion control
devices shall not be removed until ground cover is established.
City of Brooklyn Center 35 -12 December 3, 2005
MEMORANDUM
DATE: May 26, 2010
TO: Gary Eitel, Business and Development Director
FROM: Bruce Johnson, Engineering Technician Supervisor
SUBJECT: Site Plan Review — Gateway Commons, 2802 Northway Drive
Public Works Department staff reviewed the following preliminary documents submitted for
review for the proposed Brooklyn Center Retail Development:
• Building plans dated May 7, 2010 (revised May 17, 2010)
• Site plans dated April 16, 2010 (revised May 20, 2010)
Subject to staff approval, the site plan must be developed and maintained in substantial
conformance with the referenced plans, unless modified by the staff recommended conditions
below:
1. A development agreement is required that includes all conditions of the project approval,
subject to the final site plan approval by the City Engineer.
2. All plan sheets must be certified by a Minnesota licensed engineer for the type of work
being certified (e.g. site and utility plans must be certified by a civil engineer).
3. Final civil plans are subject to review and approval by the City Engineer prior to the
issuance of permits.
4. All work performed and materials used for construction of utilities must conform to the
City of Brooklyn Center standard specifications and details. The City's standard details
must be included in the plans.
5. Upon project completion, the applicant must submit an as built survey of the property,
improvements and utility service lines and structures prior to release of the performance
guarantee.
6. Plans must be developed from of a certified survey and included with the plan set.
Topographic Survey Sheet
7. Update the building location, the plan shows the building in the previous location.
8. The property owner must enter into an easement and agreement for maintenance and
inspection of utility systems prior to the issuance of permits.
I
Gateway Commons, 2802 Northway Drive. Page 2 of 3
Site Plan Memo, May 12, 2010
9. Show the City sanitary sewer force main correctly within the city easement.
Sheet C -1
10. Plans must include a Storm Water Pollution Protection Plan ( SWPPP) subject to approval
by the City Engineer. If an MPCA NPDES permit is not be required, the SWPPP must
still meet and include all standard NPDES requirements and prescriptions, regardless.
11. Install silt fence around the entire site.
12. Install inlet protection in the catch basin in the parking lot and other erosion control/
sediment BMP's as appropriate.
13. On site grading slopes must maintain a 1:3 maximum.
Sheet C -2
14. Show computations that indicate the size is adequate for watermain and sanitary sewer
service.
15. Storm sewer, sanitary sewer and water service locations and connections must be verified
prior to construction.
16. Tapping saddle must be stainless steel and install gate valve as close as possible to
tapping saddle.
17. The plan indicates that the existing storm sewer terminates close to the proposed
watermain, verify the pipes location.
Sheet C -3
18. Show size of pipe, material, length and percent of grade for sanitary, storm sewer and
watermain in the profile.
Sheet A -1
19. Show typical section for parking lot and access driveway.
20. Show typical section for fence.
The aforementioned comments are provided based on the information submitted by the applicant
at the time of this review. Subsequent approval of the final site plans may require additional
G:\Engineering\Development & PlanningWCTIVE Development Projects \Gateway Commons Community Bldg -
2010 \Communication \100512 Site Plan Review Memo.doc
Gateway Commons, 2802 Northway Drive. Page 3 of 3
Site Plan Memo, May 12, 2010
modifications based on engineering requirements associated with final design of the water
system, storm drainage, sanitary sewer, final grading and geometric design as established by the
City Engineer and other public officials having jurisdiction over approval of the final plans.
Other guarantees and site development conditions such as site plan as -built drawings, site
performance agreement, financial guarantee, etc. will be prescribed prior to the issuance of
permits.
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2010 \Communication \100512_Site Plan Review Memo.doc
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To: Members of the Planning Commission
From: Gary Eitel, Planning Commission Secretary
Date: May 26, 2010
Subject: Discussion Items for May 27, 2010 Planning Commission Meeting
Item # 6 Discussion Items:
A. Continued discussion on Farmers Markets: Review of Section 35 -800 Administrative
Use Permits — Outdoor Sales Markets for Produce, Fruits, Plants, Flowers and Herbs.
At the April 29` meeting, the Commission discussion a number of variables
associated with arriving at a definition of a farmers market:
• Is it appropriate to limit the products to Minnesota Grown or a local farming
market?
• Recognition that the definition should not necessarily limit the scope of the
market to farm produce products (i.e. not to exclude honey, nuts, dairy
products, meat products, eggs, bakery products, jams, jellies, preserves, etc.)
Continuing a review on the numerous web sites, I have come up with additional
information that may be helpful to the Commissioners:
The City of Richfield's Web Site starts with a heading Enjoy Minnesota Grown
Produce
"The Richfield Farmers' Market has brought you the very best in Minnesota
grown produce since 1990. As least 80 percent of the products we sell are produced
and processed in this state. Our vendors take pride in growing and making their own
products. Generally what you buy was just picked the day before within 200 miles of
the market. Featured items include:
• Fresh fruit, vegetables and herbs
• Bedding plants, hanging baskets, cut flowers
• Meat and cheese
• Fresh bakery goods
• Honey
• Nuts
For you shopping convenience and added variety, the market makes an exception to
offer a selection of some fruits and vegetables that cannot be grown in Minnesota or
are out of season."
The City of Avon is one of the few ordinances that we have been able to identify at this time
and has been included for reference. City of Avon 2009 Farmers' Market Rules and
i
Regulations (attached). Identifies produce as vegetables, fruits, herbs, cut or dried flowers,
bulbs, cut or dried flowers, bulbs and bedding plants. Other agricultural products, including
meat, eggs, dairy products, and perennials may be sold if specially approved by the Board and in
compliance with State guidelines.
The University of Minnesota Extension Service has an outline on The Governance Structure of
Your Farmers' Market (attached).
An option that I would like the Commission to consider is an ordinance amendment that defines Farmers'
Markets to include, but not necessarily limited to the following products:
1. Fruits, vegetables, wild or cultivated mushrooms, nuts, herbs, eggs, honey, maple syrup,
sorghum, jams or jellies.
2. Plant products - Flowers, herbs or bedding plants or nursery stock that have been started from
seed or raised by the vendor for 45 days or more. The intent of this time requirement is to ensure
that plant vendors are local growers who care for or modify their plant products in some
significant way, and are not retailers who simply buy and then resell plants.
3. Meat, poultry or fish products, if made 100% from animals or fish produced or raised by the
vendor.
4. Dairy products, if made 100% from milk produced by the vendor
5. Baked goods
6. Forest products - wood or other plant products harvested by the vendor from their own forest land
or from public land, subject to applicable permits.
7. Crafts - no crafts unless a) they are made by the vendor and substantially derived from vendor's
farm or forest products and b) they do not include purchased raw materials or commercially
prepared products, unless they are significantly transformed through handcrafting.
8. Nothing may be sold which is prohibited under local, state or federal law or rules
And amending the Chapter 35 -800, Para 2. (a) to include Farmers' Markets as an out of door
retail sale, display and storage of nursery and garden merchandise, including lawn furniture and
equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The
permit fee shall be as set forth by City Council resolution.
B. Discussion on issues relating to the Sign Signage:
• Use of temporary signs for business promotion (portable & banners)
• Office building identification /signage with multiple street frontages.
Attached for your reference is a copy of Section 34 -130, Prohibited Signs.
The discussion will focus on clarification on the intent of the sign ordinance as it relates to
Para 7. Banners , pennants, streamers , balloons, stringers or similar attention attracting devices,
unless approved in conjunction with an Administrative Permit as provided in Section 35 -800 or
unless authorized by Section 34 -140, Subdivision 2m or 20 of the City Ordinances and
Para 9. Portable Signs, except as provided in Section 34 -140, Subdivision 2f unless approved in
conjunction with an Administrative Permit as provided in Section 35 -800 of the City Ordinances
The question will specifically request input on how the City would like to treat Grand Openings,
Promotional events for businesses, and whether it is appropriate to consider standards for these
types activities.
Additionally, we will review the practice of allowing these types of signs for limited periods with
an Administrative Use Permit, Chapter 35 -800 Administrative Permits.
A second sign issue that has recently been raised relates to Office Building Identification, Para.
B- c. Multi story Office Buildings in Commercial (Cl and C1A) Districts, Multistory office
buildings may have a wall or projecting sign identifying the building on each wall provided the
area of such sign does not exceed 10% of the area of the wall supporting the sign.
The question pertains to the use of the high exposure of the Shingle Creek Towers Office
Building to identify a significant tenant, ITT Institute on the Highway 100 side of the building
and maintain the Shingle Creek Towers identification on the 694 exposure of the building.
C. May 10, 2010 City Council Update /Actions on Planning Commission Items
The City Council accepted the Planning Commission recommendations on the Vanguard
Construction,Inc. 2010 -007 PUD Amendment and Site & Building approval for construction
of a 6,757 sq. ft. multi- tenant office building at the 69` Avenue Brooklyn Market PUD.
City of
'40 �
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Avon
2009 Farmers a ers Market
Rules and Regulations
A. Joining the Market
1. Membership in the Avon Farmers' Market is limited to producers who sell products of their own yield,
typically fresh produce, meat, and eggs. Without special approval from the Board, members may not
sell a product they did not produce. Only members of the Avon Farmers' Market may sell produce
and other agricultural products at the market. Members of the Market and those community
representatives elected to the current Board have voting privileges.
2. Membership requirements are
a. Production site is within a thirty -mile radius.
b. Completion of a membership application submitted to and approved by the Board of Directors.
c. Agreement to abide by the rules and regulations determined by the Board of Directors.
d. It is strongly suggested to have liability insurance for selling at the market, but it is not required.
e. Payment of a nonrefundable annual membership fee prior to any selling at the Avon Farmers'
Market. The stall fee and membership fee are included in the annual membership fee, which is
determined annually by the Board of Directors.
f. The Board of Directors evaluates applications for membership to the Avon Farmers' Market and
responds to the applicant. The Board has the right to make an occasional exception to
membership rules on a case -by -case basis when doing so serves the Market yet remains true to the
purpose.
B. Board of Directors
1. The Board of Directors consists of three representatives, two of them market members; one member
of the community. The term of each director is three years. Directors may be re- elected.
2. Board Directors are elected at a meeting of the Market membership in November.
3. The Board elects two officers annually: Treasurer and Secretary. These officers are elected at a
Board meeting immediately following the November meeting that identifies Board membership.
C. Market Location and Operating Hours
1. Days, hours, and location of the Avon Farmers' Market are determined annually by the Board.
2. The 2009 Avon Farmers' Market will be held from 9:00am to 12:00pm, beginning June 6 on every
rd , and 5th Saturday. The ending date is to be determined- either October 3rd
V, 3 , or if weather
permits, October 17
D. Preparing for Market Day
For unique products, some exception to the following rules may be possible with the approval of the
Board of Directors or as otherwise stipulated in Market rules.
1. At least one day before a market day, members notify the Market Manager of their intent to sell that
day and, if intended, of their request for extra stall space. Stall allotments are 15 feet. Members
requesting additional stall space will be granted it on a space- available basis. Members granted
additional stall space at the Market after the first Friday in July pay additional stall fees, which shall
be determined by the Board of Directors.
2. A member or a family member may sell only produce that the member grew on land he or she owns or
rents. By exception, the Market Manager or Board of Directors may approve a producer's main
1
employee as salesperson on an occasional basis if such an employee has full knowledge of the product
and how it was produced.
3. Produce that may be offered for sale includes vegetables, fruits, herbs, cut or dried flowers, bulbs,
and bedding plants. Other agricultural products, including meat, eggs, dairy products, and perennials
may be sold if specially approved by the Board and in compliance with State guidelines.
4. Those wishing to sell prepared or processed foods at the Avon Farmers' Market must make special
application to the Board of authorization to sell these. Members may sell baked goods (prepared
food) if they are specially approved to do so. Members eligible to sell processed foods must make
these from their own produce. Sellers of processed and /or prepared foods or of products allowed by
exception follow a supplementary set of Market guidelines as well as special rules established by the
State. It is not allowed to re -sale food.
5. Products for sale must be of good quality. The Avon Farmers' Market, its Board of Directors and its
Market Manager, and the City of Avon are not responsible for product liability.
6. The Board will appoint, either from its own membership or from the community, a person or persons
to conduct on -site farm visits when such seems appropriate.
7. A member wishing to sell a product as organic must follow the organic rules and guidelines, and if
necessary, present the Board with proof of certificate as an organic grower before posting an organic
label on products to be sold.
8. The Avon Farmers' Market Committee must approve all items sold at the Avon Farmers' Market. For
produce sellers 100% of the items that you offer must be produced in origin. Craft items sold must be
designed and made by hand by the vendor. If you are approved as a vegetable grower you may sell
crafts. No more than 25% of your space may be craft items. If you are unsure about any of these
guidelines please contact the Farmers Market Manager.
9. All vendors at the Avon Farmers' Market will be expected to abide by all of the rules and regulations
stated within this document. These rules have been approved by the Downtown Avon Farmers' Market
Committee, and are to ensure the health and safety of all who attend the market. Any vendor who
violates these rules will receive one written warning. Any further violation will result in that vendor
suspending or forfeiting their annual pass. There will be no refund of any unused portion of the pass.
E. Limits and Guidelines for Crafts
1. If you are accepted as a crafter you may only sell crafts. Crafters may not sell vegetables, fresh
flowers, baked goods, etc.
2. 100% of the crafts being sold must be homemade/ handmade by the vendor.
F. Setting up on Market Day
1. Upon arrival, the Market Manager will notify members of their assigned market space. The assigned
market space will remain the same for the entire duration of the season, except in the case where
the market space is deemed unusable for whichever reasons, which must be agreed upon by the
Board of Directors at the time. In the situation the market space is deemed unusable, the member
will be assigned a new market space, which will remain the same for the remainder of the season. No
member may sell outside of his or her designated market space.
2. Members who are selling must be on site and set up in their space prior to the Market's opening time.
3. After arrival on site, members may not sell, bag, or lay away items prior to the opening of the Market
except to /for other sellers.
4. Members are responsible for providing their own tables, scales, change, bags, produce labels, trash
container, and any canopy for sun or rain shelter. A scale is unnecessary when no produce is being
sold by weight.
G. Selling on Market Day
1. Each member determines the price of his or her produce or goods. The Board of Directors
recommend the following:
a. Members use local retail product prices as guides. Value -added products may merit higher prices.
b. Members avoid high prices since these are likely to reduce consumer interest.
c. Members avoid low prices (dumping) since these will cause ill will among members and endanger
the continued existence of the Market.
2
2. Each member is responsible for any licenses, permits, health regulation, and sales tax obligations
rising from the sale of his or her product.
a. From Article XIII, Sec. 7, of the Constitution of the State of Minnesota:
i. "No license required to peddle. Any person may sell or peddle the products of the farm or
garden occupied and cultivated by him without obtaining a license therefore." The State,
however, limits what kinds of and, sometimes, how much product may be sold. Contact the
State agency for further information.
3. Members must remain on their assigned market space when selling products. Sales will be made in an
orderly, businesslike manner.
4. Members are responsible for maintaining the quality of their Market space during the Market. This
includes the following:
a. Setting up and maintaining a safe, orderly display area.
b. Supplying a trash container of adequate size at their Market space.
c. Keeping their assigned space clean and free from offensive odors.
5. Each member is responsible for the security of his or her money and other valuables.
6. To sell by weight, vendors at the Avon Farmers' Market must have a certified scale that has been
inspected and approved by the State of Minnesota. Un- inspected scales will not be permitted.
a. Information about types of scales to use and certification of scales can be obtained from the
Minnesota Department of Public Services, Weights and Measures Division, 2277 Highway 36, St.
Paul, MN 55113 -3800. Phone: 651 - 639 -4010 or 651 - 639 -4015.
7. NO selling before the posted times!!
H. Finishing the Market Day
1. At the end of selling hours, members must remove everything from their assigned spaces.
2. Members are not allowed to remove their stands prior to the end of selling hours.
3. Each member is responsible for proper disposal of his or her trash. Any unsold products may not be
thrown in the park receptacles. Please make sure that the park is clean at the close of the market,
failure to do so may be grounds for termination of membership.
I. Additional Guidelines
1. No live animals may be sold at the Farmers' Market. No pets are allowed at the Farmers' Market, with
only one exception: A sight - impaired person may bring a guide dog to aid in moving through the
Market.
2. Proper attire is expected during market hours (including shirt and shoes).
3. Stall space will be assigned by Market staff for the entire season.
4. No grills allowed at any market site without prior approval of the Market Manager.
5. No smoking is allowed during the operation hours of the Avon Farmers' Market. If you wish to smoke
you must step outside of the designated areas marked off for the market.
6. Please be courteous to your fellow vendors, shoppers and the Farmers Market Manager. Obscene
language, shouting, or harassment is not permitted. In order to ensure that the experience is
enjoyable for all, we ask that all vendors abide by this rule.
J. Bills, Workshops, and Operational Guidelines
1. Pickle Bill
a. For a fact sheet summary, go to
http: / /www.mda.state.mn.us/ food / business/ factsheets /picklebill.htm #_ftnref1
2. Workshops
a. The "Pickle Bill" set safety requirements for the sale of home - processed and home - canned foods
at farmers markets and community events. Only acid or acidified foods such as pickles, vegetables
and fruits meet the requirements of this legislation.
b. As of 2009, it is required to have a proof of attendance at a pickle bill class.
3. Guidelines for home - processed or home - canned
a. Home - processed or home - canned food items with an equilibrium ph of 4.6 or greater cannot be
sold. Some examples of low acid foods include beans, beets, carrots, etc. A reference list may be
found at http: / /vm.cfsan.fda.gov / -comm /lacf- phs.ptmt
3
3. Operational Guidelines
a. For Minnesota Operational Guidelines for vendors at the Farmers' Market, please refer to the
website http: / /www2.mda. state. mn us /webapp /mngrown /mnQrown resuIts.isp
b. For more information, please contact:
Minnesota Department of Agriculture
Dairy Ft Food Inspection Division
625 Robert St. N.
St. Paul, MN 55155 -2538
Telephone: 651/201-6027
K. Violation of Rules and Regulations
1. Disregard for the rules and regulations of the Avon Farmers' Market may result in immediate
expulsion from the Market site by the Market Manager. Such expulsion terminates membership for
the rest of the year.
2. Membership fees will not be returned if a member is expelled.
3. Anyone expelled may make written appeal to the Market's Board of Directors.
L. Amending the Rules and Regulations
1. These rules and regulations may be amended by an affirmative vote of two - thirds of the Board of
Directors. Members will be notified of such amendments in a timely manner.
For policies and rules governing the Board of Directors, its officers, meetings, fiscal management, etc., see
the Bylaws for Avon Farmers' Market.
4
I I
The Governance Structure of Your Farmers' Market
Terrance T. Nennich
University of Minnesota Extension Service
Whether your market is just being formed or has been in existence for a long time, how the
market is structured and how it is governed are of extreme importance.
If your market is in the process of being formed, give careful consideration to reasonable goals
and long -term objectives. If your market is growing or mature, expect to review regularly how
it is structured and governed. Unless a major restructuring is needed, mature markets should
make only small changes. Constant restructuring is confusing to vendors; in addition, it often
results in deterioration of the market. If restructuring is necessary, however, it should be done
with a visioning committee.
Two questions to address are, "What kind of market will we have ?" and "Who is in control ?"
Although there are many kinds of structures for market governance, four basic categories exist:
1) City, community, or government owned and operated
2) Vendor owned and operated
3) Satellite market
4) Privately owned and operated
City, community, or government owned and operated markets
These markets are becoming increasingly popular. Local governments are realizing that farmers'
markets can be an economic boost to the local community. They are also realizing that besides
the obvious factors, such as giving local producers an outlet for their products, farmers' markets
create a synergy with other businesses, increasing the total economic health of the community.
For a number of reasons, city, community, and government markets are usually very successful.
Local governments often have ready access to assets that individuals may not have, such as land
and facilities, legal advice, insurance, office staff, and other employees. Office staff and other
employees can be assigned to the market from time to time, especially during start-up stages.
Communities must remember, however, that these types of markets will become successful only
if vendors are strongly involved from the start and if vendor involvement continues. Some
communities invite farmers or vendors to sit on the board, usually up to one -third of the total
board. Other communities invite them to serve on an advisory committee. Either way, farmers
and vendors must be involved. From a farmer and vendor perspective, however, one concern
with a community -run market is that vendors do not have complete control.
Vendor owned and operated markets
Markets that are owned and operated by vendors are the norm in Minnesota. With a vendor
owned and operated market, the market's vendors actually own and control the market, usually
through a legal entity. Still, it is quite common for small rural markets to operate without legal
structure until they gain sufficient growth. Such markets reach the point of needing a legal
structure when a market has to acquire major assets or need to obtain large funding.
Satellite markets
A satellite market is a market that is associated with another on -going market. It is governed by
the other market's board of directors and, usually, by its bylaws. Satellite markets exist for
several reasons. First of all, having satellites allows an established market to expand its selling
territory outside its traditional area while using its existing governance structure, insurance, and
management. Different personnel, however, may be utilized at the satellite market to manage
day -to -day operations. Satellite markets also allow the inclusion of additional vendors in the
market, who often increase markets' annual sales. In addition, satellites allow the main market
to expand into non - traditional areas and ethnic situations. Although there are no formal
limitations to how far satellite markets can be located away from the main market, the distance
should be reasonably manageable if the intent of the satellite is to be a major part of the main
market.
One use for satellite markets which is often overlooked is launching new markets, especially
small rural markets that are run mainly by volunteers. New markets take a considerable amount
of time to establish —much more than is usually evident when initial planning begins. By the
time a new market is established, its bylaws are written, and all its market rules and regulations
are in place, the new board is often too exhausted to oversee the day -to -day needs of the market.
If you can find an existing market that is willing to allow you to operate under its wing, most of
the new market's energy can then be used to operate a successful market the first year. Although
a new satellite market needs to operate under the bylaws of the main market, it can have its own
policies and rules.
Private markets
Private markets are markets owned and operated by private individuals, companies, or
corporations. Sometimes such markets are used as tax incentives. At this time (2006), such
markets are not common in Minnesota.
Market Governance
How a market is governed or operated is controlled by many factors. Markets just forming or
looking at their operational structure need to explore such topics in relationship to the market's
goals and its potential growth. If the market is going to be small, only a limited amount of rigid
structure will be needed. In any case, it is important that markets have rules that are flexible
enough to accommodate change, yet rigid enough to ensure smooth operation.
The Market Board
Most farmers' markets in Minnesota are run by a board of directors. Very small markets often
have a board composed of the membership. Although this governance structure is a simple way
to govern a market, such a structure lacks outside influence, which is an extremely important
factor. Farmers' market boards are composed of five to fifteen directors, depending on their size.
At least 20% of a board's membership should be composed of non - market members. Non -
market members may consist of leaders in the community, media personnel, chamber of
commerce members, or leaders from other walks of life. City- or community -run markets may
consist of a much higher number of non - producers.
Farmers' market boards have a minimum of five main functions or activities: 1) planning, 2)
setting policy, 3) monitoring, 4) managing, and 5) enforcing.
Planning function: Board planning includes articulating the market's vision, mission, values,
principles, strategic priorities, and overall direction.
Policy function: The board develops policies that establish a framework for the actions and
decisions of the farmers' market.
Monitoring function: The board monitors the effectiveness, quality, efficiency, and financial
stability of the farmers' market as a means of ensuring accountability to vendors, the community,
and funders.
Management function: The board ensures effective and efficient operation of the organization
by defining the responsibilities, authority, and accountability of the farmers' market manager as
well as by implementing appropriate recruitment, selection, and performance evaluation
processes for this position.
Enforcement function: The board enforces the rules and regulations of the farmers' market,
usually through the farmers' market manager.
The following is a list of documents that markets should consider in devising their governance
structure. Each will be discussed briefly.
• Bylaws
• Rules, policies, and market information
• Mission statement
• Annual calendar
• Application form for vendors
• Market manager's job description
• Special forms and applications, including
• Application to sell under the pickle bill
• Application to sell under the safe food bill
■ Application to sell cooked food
■ Application to sample
■ Application to sell taxable items
■ Forms specific to the local market
Bylaws
The bylaws are the heart and soul of a farmers' market. Creating them should not be taken
lightly. Instead, view the bylaws as the overall framework of the organization. Bylaws should
not be confused with farmers' market rules and regulations, which may change frequently.
Changing bylaws, however, usually requires a vote of at least two- thirds of the membership and
such a vote may take place only at the annual meeting or a special meeting called for such a
purpose. Small farmers' markets that are just starting may want to keep their bylaws simple.
At a minimum, bylaws for a farmers' market should contain the following:
• Official name of association
• Boundaries
• Purpose of the organization
• Information about the annual meeting
• Membership qualifications
• Election and voting procedures
• Officer titles, terms, and responsibilities
• The process of amending bylaws
• Explanation of how and when dues will be collected and by whom
• Brief financial responsibilities: depositing of monies in a bank account, the number of
signatures required on each check, who has access to the account, where records are kept,
the amount that can be spent by the board without membership approval.
An up -to -date copy should be available at every meeting in case procedural questions arise.
In the very rare circumstance that your association would be called into court, your bylaws
would probably be the most important document you have. Once approved, make sure your
farmers' market follows its bylaws. Examples of bylaws from farmers' markets of different
sizes in Minnesota are available at the end of this chapter.
Rules, Policies, and Market Information
Rules, policies, and market information provide members with the information that they need in
order to know if they are to be in compliance with the market. Such information should be given
to every potential market member and signed by the market candidate before that person is
accepted into membership. This signed document should be kept on file by the market
management.
All market members should be made aware that it is their responsibility to read, understand, and
follow the rules of the market. Market members should also be apprised that ignorance is not an
excuse for failing to follow the market's rules.
Below are twenty matters commonly dealt with in farmers' market rules, policies, and market
information. The list may seem very comprehensive, and smaller markets may not need to go
into great detail in explaining some of these matters. Sample of rules, policies, and market
information from Minnesota markets are included in the end of this chapter.
Twenty Components Commonly Found in Farmers' Market Rules
1. Organizer or sponsor — identifies who runs the market and sets out its philosophy and
purpose.
2. Market manager— identifies the person who makes decisions on the market's day -to -day
operation, including who is in charge in the manager's absence.
3. Statement of market rules —makes the rules part of the agreement between the vendor and
the market.
4. Definition of key terms — explains what key words or phrases (e.g., vendor, allowable goods,
categories of products) mean in context.
5. Approval of vendors and products — defines who can sell (farmer /non - farmer distinction),
and what can be sold (produce /craft/food distinctions).
6. Criteria for selecting vendors — establish any priorities or preferences and the basis for them
as well as how market spaces are allocated.
7. Categories of products — specify rules for items such as baked goods, nursery plants, eggs,
cheeses, meat, and processed foods; commonly related to inspections and handling.
8. Changes in ownership and vendors' rights— address issues such as transfer or change of
business and seniority for market spaces.
9. Carrying rules —may allow farm vendors to sell products raised by other farmers.
10. Application process and fees — provides for the timing of application, selection and
notification of vendors; sets the amount and payment of fees; allocates market spaces and
locations.
11. Types of vendors and length of market — create categories of seasonal and daily vendors and
may include an actual contract or application to participate.
12. Membership and market organization — create operational structure for market; may also
require a separate payment for membership in sponsoring organization.
13. Necessary documents and permits —list the various documents and licenses required to
participate, including proof of insurance, tax permits, health inspection, and other licenses. A
market may also require information such as farm plan, load lists for products raised, and
proof of organic certification.
14. Market operation provides detailed guidelines on issues such as set -up, clean -up, selling
times, notification for non - attendance, pets, parking, samples, sanitation, signage, hawking,
smoking, food safety, and food handling. Many provisions may be very detailed, making the
operational rules the main part of a market's regulations.
15. Enforcement process — stipulates procedures for rule enforcement, including reporting
violations, notice, penalties, suspension or removal, and appeals.
16. Rule and law compliance incorporate applicable state and local requirements into market
rules, with agreement that a vendor's responsibility is to comply.
17. Hold harmless and indemnification — establish vendor agreement to protect market
organizers from any legal or financial liability in case of accidents or incidents at market.
18. Food safety and sampling — specify rules for handling and storing different types of foods,
with guidelines for sampling if allowed.
19. Other provisions — identify requirements for labeling, posting farm name, using legal scales,
accepting nutrition checks and food stamps, pricing guidelines, farm visits, and gleaning
excess food.
20. Signature line— creates a binding agreement between vendor and market.
(Hamilton, "Farmers "')
Mission Statement
Most markets that I have visited in Minnesota do not have a mission statement. While some
people believe that creating a mission statement is not necessary, I believe that the membership
should know why its market exists and where it is going. A mission statement is only a
paragraph long, but it has specific, measurable outcomes, and a deadline or roadmap for
accomplishing that outcome. It's truly the best way to start your farmers' market journey to
success.
Success or failure is not a matter of luck, circumstances, fate, or any of the other tiresome old
cliches. Those are only excuses. The power to achieve success with your farmers' market is in
your hands —and the first step toward activating it is
identifying specific goals. After all, it's much easier people with goals succeed because they
to get what you want when you know where you're know where they are going; it is as
going. simple as that. – Earl Nightingale
Mission statements are also important when applying
for grants or other funding. If your farmers' market does not know why it exists or where it is
going, why would potential funders care? A sample of a mission statement is included at the end
of the chapter.
Annual Calendar
An annual calendar should include all major activities that pertain to the market. Some markets
have two annual calendars: one, specific to the board; the other, specific to members. Annual
calendars are used to keep the events of the market on track. They are excellent management
tools. An example is included at the end of the chapter.
Application Form for Vendors
Every market should have a vendor application form for new members. Some markets require
all vendors to reapply every year, with preference given to past market members. At minimum,
application forms should require all the usual personal information plus questions relating to
what the vendor will be bring to market, how often they will come, special permits, and whether
they will be selling taxable items or have special needs. Some markets include a request for past
production history and references. Many markets have a probationary time for new members,
usually limited to one season. Examples are included at the end of the chapter.
Market Manager Job Description
Whether the market manager is fully employed, paid a small stipend, or serves as a volunteer,
he /she should be provided with a written job description. The job description should be
developed by the board, often with the help of the present market manager. This job description
should be reviewed on an annual basis. Several examples of job descriptions for a farmers'
market manager can be found on the Web and at the end of this chapter.
An important question that the board needs to ask before hiring a manager is, "Do we want a real
manager with hard -core management responsibilities? Or are we looking for a glorified worker
to put out signs, make sure the place is clean, and perform other like tasks ?" Is the board willing
to relinquish some of its authority to the manager to make decisions? If so, how much? Ideally,
the board should set broad guidelines for the market manager to function within. Decisions that
need to be made beyond these guidelines must be taken to the board. Obviously the narrower the
scope of decision - making authority that the manager has, the more responsibility the board must
assume. The latter situation can lead to more and longer board meetings. Whatever the role of
the farmers' market manager, though, that person should not be micromanaged.
Special Forms and Applications
Special forms and applications are recommended when vendors wish to sell or engage in
activities that are beyond the norm for farmers' market vendors. Examples include vendors'
selling under special legislation such as the "Pickle Bill" and the "Safe Food Bill," making
organic sales, or selling meats or prepared foods, or running a concession stand. The reasons for
special permits are twofold. First, the market board should know and approve any activities
which might incur additional risk for the market. Second, having vendors sign a special
application helps ensure that they understand that they must follow the rules and regulations
associated with the activity for which they have applied. Special forms should always contain a
statement saying that the vendor knows and understands the rules and regulations and assumes
all risks. The statement should be signed and dated. The board may set special requirements
before approving such an application. For example, one Minnesota market requires that a vendor
who submits a special form to sell under the pickle bill must attend a class or workshop relating
to safe food processing.
However a farmers' market is governed, it must be run as a systematic, organized entity with the
goal of serving vendors and the community.
Recommended Reading and Reference:
Hamilton, Neil. "Farmers' Markets Rules, Regulations and Opportunities ". The National
Agricultural Law Center. June 2002. 45 pp. Online. Internet. 18 September 2006.
Hamilton, Neil. The Legal Guide for Direct Farm Marketing. USDA/SARE and Drake
University Agricultural Law Center. 1999.
Memorandum
To: Curt Boganey, City Manager
From: Gary Eitel, Director of Business and Development
Date: 03/12/2010
Re: Administrative Land Use Permits
• review of the administrative use permits that were issued over the past three years indicates the following:
2009 — 55 permits
2008 — 61 permits
2007 — 72 permits
• preliminary review of these permits indicates that of these totals, the following permits were issued to
businesses for portable signage that appeared to be for advertisement or announcement and not associated with
an outdoor sales, display or service event:
2009 — 13 permits
2008 — 23 permits
2007 — 25 permits
A review of the sign ordinance indicates that portable signs are listed under Section 34 -130, Prohibited Signs,
Para 9.
Portable signs, except as provided in Section 34 -140 Subdivision 2f unless approved in conjunction with
an Administrative Permit as provided in Section 35 -800 of the City Ordinances.
• Section 34 -140, 2f relates to campaign signs.
• Section 35 -800, Administrative Permits
• Para 1, applies to church functions, civic functions, charities, carnivals and similar
purposes.
• Para 2, applies to permitted and special uses in a non - residential zoning district that related
to outdoor retail sales, storage and display of merchandise or services accessory to
promoting the permitted or special use.
This review indicates that examples referenced in the Administrative Use handout, freestanding signs,
banners, portable signs, roof top balloons and other balloons will be removed, since they are not examples
of permitable events and activities.
March 12, 2010
Additionally, the sign ordinance will need to be reviewed to provide a standard or criteria for signage and
displays allowed with an Administrative Land Use Permit. Referencing that there are no size restrictions
and no limit to the number of banners, etc. on display is not consistent with the stated purpose of the sign
ordinance.
I have read the handout for the Administrative Land Use Permits and concur with Building and
Community Standards that some of the language within the handout needs to be restructured to address
qualifying event/activity.
Section 35 -800. ADMINISTRATIVE PERMITS. No person shall use his property or /and
assist, countenance or allow the use of his or of another's property located within the municipality for
any of the following purposes or uses without first having obtained a permit from the City zoning
official. The use shall not for the duration of the permit, considering the time of year, the parking
layout for the principal use, the nature of the proposed use and other pertinent factors, substantially
impair the parking capacity of the principal use or impair the safe and efficient movement of
pedestrian and vehicular traffic either on or off the premises. A waiver from certain provisions of the
sign ordinance and from certain parking requirements of this ordinance is implied by the granting of
an administrative permit, but only for the duration of the permit and to the extent authorized by said
permit.
1. Tents, stands and other temporary structures for church functions, civic functions,
charities, carnivals, and similar purposes for a period not exceeding 10 days. The
permit fee shall be as set forth by City Council resolution. Certificates of insurance
may be required to assure the public welfare.
Off -site signs promoting or announcing civic functions or community events may be
authorized by the City Council for a period not exceeding 10 days provided:
a. The off -site signs are located on private property in the Commercial (C1,
C1A, and C2) or Industrial (I -1 and I -2) zoning districts.
b. The off -site signs are limited to no more than five locations; and
C. There are no more than one sign per location.
Permits for such signs will be considered independent of any other permits
authorized by this section of the ordinance. The permit fee shall be per sign location
as set forth by City Council resolution.
2. Out of door retail sale, storage and display of merchandise or offering of services
when accessory to or promoting a permitted use or a special use within a
nonresidential zoning district as follows:
a. The out of door retail sale, display, and storage of nursery and garden
merchandise, including lawn furniture and equipment, for a period not to
exceed 30 consecutive weeks in any one calendar year. The permit fee shall
be as set forth by City Council resolution.
b. Miscellaneous out of door retail sales or displays or promotional events for
periods not to exceed 10 consecutive days. Two such 10 day permits may be
allowed per premises per calendar year. The permit fee shall be as set forth
by City Council resolution.
City of Brooklyn Center 35 -82 City Ordinance
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
APRIL 29, 2010
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Pro Tem Parks at 7:04 p.m.
ROLL CALL
Chair Pro Tem Parks, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, Stan Leino and
Carlos Morgan were present. Also present were Planning Commission Secretary Gary Eitel, and
Planning Commission Recording Secretary Rebecca Crass. Chair Sean Rahn was absent and excused.
APPROVAL OF MINUTES — APRIL 15, 2010
There was a motion by Commissioner Kuykendall, seconded by Commissioner Campbell- Sudduth, to
approve the minutes of the April 15, 2010 meeting as submitted. The motion passed. Commissioner
Morgan abstained since he was not present at the meeting.
CHAIR'S EXPLANATION
Chair Pro Tem Parks 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.
APPLICATION NO. 2010 -007 — VANGUARD CONSTRUCTION, INC.
Chair Pro Tem Parks introduced Application No. 2010 -007, a request from Vanguard Construction,
Inc. for PUD Amendment and Site & Building Plan approval for construction of 6,757 sq. ft. multi -
tenant retail /commercial building on a 38,707 sq. ft. located at the northeast quadrant of Brooklyn
Boulevard and 69` Avenue North.
Mr. Eitel presented the staff report describing the location of the property and the proposal. (See
Planning Commission Information Sheet dated 4 -29 -10 for Application No. 2010 -007 and the Director
of Public Works memo dated 4- 29 -10, attached.) He further explained that the original development
plan approved in 2002, included for Lot 1, a SA Service Station with car wash (3,960 sq. ft.), Lot 2, a
4,230 sq. ft. restaurant, retail, office building, Lot 3, a 21,500 sq. ft. multi- tenant commercial building,
and Lot 4, a Culver's Restaurant (4,538 sq. ft.).
Mr. Eitel pointed out that the proposed amendment to the previously approved plan indicates a larger
foot print and reorientation of the building to face Brooklyn Boulevard. He added that the plan allows
for five tenant spaces and a drive up window for a potential restaurant.
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There was discussion among the Commission regarding their concerns with additional traffic and traffic
flow around the site and in and out of the site with the addition of a restaurant type use particularly
along 70 and Brooklyn Boulevard. Mr. Eitel commented on the City's Engineer's recommendation to
shift the northern entrance drive approximately 30 ft. to the north, to align with the SA entrance.
Commissioner Leino arrived at 7:53 p.m.
PUBLIC HEARING — APPLICATION NO. 2010 -007
There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to open the
public hearing on Application No. 2010 -007 at 7:54 p.m. The motion passed unanimously.
Chair Pro Tem Parks called for comments from the public.
Mr. Jeff Benedict, representing Vanguard Construction, stated that some good suggestions were made
and they will deal with increased traffic by using directional signs on the site. He added that it is
anticipated that traffic will move on and off the site along 70 Avenue without adding any additional
egress and ingress points. He added that after review and suggestion from the City Engineer, he agress
that it is an improvement to the plan to move the entrance 30 ft. to the north. They are open to the
suggestions made and will make adjustments to their design of the site.
Commissioner Kuykendall stated that one reason for heavy traffic on 70 Avenue is due to customers
going to SA from Brooklyn Boulevard. Mr. Benedict stated that they can deal with the traffic around
the site as long as it is safe.
Mr. Eitel explained that a recent traffic study recognized traffic concerns with the Brooklyn Boulevard
and 69 Avenue intersection, the east bound traffic on 69 Avenue, making a left turn movement to get
to the freeway, is stacking and is requiring more than one signal light to unload. He added that this is a
very busy corner with lots of activity at peak hours of the day.
Chair Pro Tem Parks expressed his concern with the location of the drive up window and trash
containers which could contribute to traffic flow concerns. He added that he did not like the location of
the trash containers.
Mr. Benedict replied that there will not be trash containers, but rather a trash enclosure, made out of the
same material as the building, built as part of the building, and it will not be an eyesore.
Commissioner Campbell- Sudduth asked if there had been a traffic study done in this area. Mr.
Benedict replied that there is no traffic study accompanying this application but acknowledges that
while this area is busy, this new building will not create a substantial increase to traffic. It will be a
good addition to the community and a product that the City will be proud of.
Mr. Ziad Zahran, 1500 20 Avenue NW, New Brighton, stated that he will be the owner of the
property. He is excited to be a part of the community and is flexible and willing to work with the
community. He added that traffic is a critical issue and the points made about 70 and Brooklyn
Boulevard are valid. He has looked at this area for his business for over three years and is excited about
this location. He feels that Culver's has enough parking and he doesn't see a problem. However, when
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he exits the shopping in center, sometimes it is difficult to get out onto 69` Avenue. He stated his reasons
for putting the drive up window on the side instead of the back of the building is so that cars can be
properly stacked during peak hours and he is attempting the best utilization of the plan to allow for
leasing out additional spaces to other tenants. Mr. Zahran stated that he anticipates three stores and one
restaurant will occupy the building.
Commissioner Leino stated that the Commission is not in a position to micro manage what restaurant
goes on the site but feels this is a huge opportunity for this corner of the city to complete development.
He feels that the traffic issues are minor compared to some other locations in the city. He added that
putting the drive up on the north end, makes a better flow to exit off the site from the drive up area.
Commissioner Morgan stated that many communities would love to have an area in their city that is so
busy that there might be traffic issues. He added that traffic issues will work themselves out.
Commissioner Leino asked about the anticipated construction schedule. Mr. Benedict responded that if
they receive all necessary approvals from the Planning Commission and City Council, they expect to
break ground by June 1, 2010 and construction will take about four months.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2010 -007.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to close the
public hearing on Application No. 2010 -007 at 8:23 p.m. The motion passed unanimously.
The Chair Pro Tem called for further discussion or questions from the Commissioners.
Mr. Eitel noted the site plan has identified the location of a freestanding business sign that is not allowed
by the PUD agreement. The PUD approval allowed two freestanding signs on the two lots fronting
Brooklyn Boulevard and two identification signs for the overall PUD. A Boulevard market sign is
located within the 69 landscaped node; however, the second sign was not constructed within the 70`
Avenue landscaped node.
He also added that he wanted the Commission to be aware that staff is reviewing the sign ordinance
relative to promotional sales events, grand openings, etc. and will be discussing with the businesses in
shopping centers an effective means to advertise, without the use of portable signs.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION No. 2010 -04
There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to approve
Planning Commission Resolution No. 2010 -04 regarding the recommended disposition of Planning
Commission Application No. 2010 -007, submitted by Vanguard Construction, Inc. for PUD
Amendment and Site & Building plan approval.
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Voting in favor: Chair Pro Tem Parks, Commissioners Campbell- Sudduth, Kuykendall, Leino, and
Morgan.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution No. 2010 -04 is made part of these minutes by attachment.
The Council will consider the application at its May 10, 2010 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.
DISCUSSION ITEMS
Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Minnesota Grown
Produce, Fruits, Plants Flowers, and Herbs
Mr. Eitel explained to the Commission that he has been approached about the possibility of allowing a
Farmer's Market to be operated in the city at the Sun Foods Location (63 and Brooklyn Boulevard), as
well as two other locations. This process would require an amendment to Chapter 35 of the City
Ordinances that would include a definition to allow the sale of garden merchandise and produce under
the Administrative Land Use permit process. This would be similar to permits issued for seasonal
garden centers.
There was discussion among the Commission regarding what types of products would be allowed within
the scope of a Farmer's Market and how to define proper language to specifically describe those
products without excluding such products as honey, dairy and meats.
Suggestions were made by the Commission to incorporate language that would include produce, fruits,
plants, flowers, herbs and other farm products. The Commission also discussed incorporating language
in the ordinance to allow an outdoor Farmer's Market on vacant commercial land, which is not currently
allowed.
Mr. Eitel responded that he will consult with the City Attorney for proper language and report back to
the Commission.
There was also a brief discussion about the Bass Lake Road and 57` Avenue Trail Connections
incorporating a connection from the Shingle Creek Regional Trail, Twin Lakes Regional Trail and the
Mississippi Regional Trail along the 57 Avenue Corridor, possible future improvements to Brooklyn
Boulevard and a planning study being proposed to the 53 Avenue corridor to Humboldt Avenue.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Leino, seconded by Commissioner Campbell- Sudduth, to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
9:45 p.m.
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