HomeMy WebLinkAbout2010 05-27 PCM 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
MAY 27, 2010
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners JoAnn Campbell- Sudduth, Kara Kuykendall, Stan Leino, Carlos
Morgan, and Michael Parks were present. Also present were Planning Commission Secretary Gary Eitel
and Planning Commission Recording Secretary Rebecca Crass.
APPROVAL OF MINUTES — APRIL 29.2010
There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to approve the
minutes of the April 29, 2010 meeting as submitted. The motion passed.
CHAIR'S EXPLANATION
Chair Rahn 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 -008 GARY BRUMMER/G B HOMES
Chair Rahn introduced Application No. 2010 -008, a request from Gary Brummer /G B Homes for Site
& Building Plan approval for construction of a 6,000 sq. ft. community room with indoor pool, party
room, exercise room, and offices for Gateway Commons.
Mr. Eitel resented the staff report describing the location of the property and the proposal. (See
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Planning Commission Information Sheet dated 5 -27 -10 for Application No. 2010 -008 and the Public
Works memo dated 5- 26 -10, attached.) He explained that this is an 11 building, 252 unit apartment
complex and the property is zoned R -5 (Multiple Family Residence 2'/i and 3 story). He added that the
proposed community building is a permitted accessory use.
Mr. Eitel explained that the proposed building will match the brick and stucco exterior to the existing
apartment buildings. He added that there is current consideration of constructing a storm water quality
pond in the northeastern portion of the site, that could also function as a water source to support an
irrigation system for this property.
Commissioner Morgan arrived at 7:13 p.m.
Commissioner Parks inquired if water from Shingle Creek could be used to water lawns. Mr. Eitel
responded that this would be a water resource /management issue involving the Watershed District;
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noting that the policy question would be the allocation of public waters during the dry weather months
(drought conditions). There was continued discussion on the existing storm sewers, untreated storm
water runoff entering the creek, the design of a pond that would maintain minimum water levels for
irrigation from either ground water or shallow wells or the potential to pump from the creek.
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The applicant, Mr. Gary Brummer, introduced himself to the Commission. Chair Rahn asked him when
he would make a decision about the ponding/water retention area and also installation of an irrigation
system. Mr. Brummer responded that he would decide about the ponding/water retention based on what
the city suggests. He added that he plans to add an irrigation system in the Spring of 2011.
Commissioner . Ku kendall asked about the location of the trash enclosure at the new proposed building.
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Mr. Brummer responded that he would not be adding a trash enclosure to the office building but would
store garbage inside and take it out to an existing dumpster.
Commissioner Parks stated that he applauds the efforts of Mr. Brummer to make these improvements to
this site which will help to attract quality tenants.
Commissioner Campbell- Sudduth asked Mr. Brummer if by adding a community room and swimming
pool, he is concerned with competition from the City's Community Center. Mr. Brummer stated that he
feels strongly that even if only 10 percent of his residents use it, it will be worth it to have a place that
makes them feel at home.
Mr. Eitel pointed out that Mr. Brummer is also adding sidewalks and trails that will connect the
apartments to the community room/office building. Also, the applicant will provide lighting for the
driveway and parking lot, accent and security lighting for the building and pedestrian lighting for the
walkway. He added that since Mr. Brummer added a fence around the perimeter of the site, it has
become more secure and a safer place for the tenants.
There was no further discussion regarding the application.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2010 -008 — GARY
BRUMMER/G B HOMES
There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to recommend to
the City Council that it approve Application No. 2010 -008, submitted by Gary Brummer /G B Homes,
for Site and Building Plan approval for a 6,000 sq. ft. community room with indoor pool, party room,
exercise room, and offices for Gateway Commons, 2900 Northway Drive, subject to the following
considerations:
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 erformance agreement and supporting financial guarantee in an amount to be
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determined based on cost estimates shall be submitted prior to the issuance of permits to assure
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the completion of all site improvements.
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.
Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Morgan and Parks.
The motion passed unanimously.
The Council will consider the application at its June 14, 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 ITEM — FARMER'S MARKETS
Mr. Eitel presented the staff report, noting the following:
• 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.)
• Review of various web sites relating to Farmer's Markets and reference to Minnesota Grown
Products as a reference to fresh/daily picked produce and not shipped/resale products.
• A definition for a Farmer's Market that is more inclusive than just agricultural 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
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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
• 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.
Ms. Peony Yang, 4830 Aldrich Avenue, Minneapolis, stated to the Commission that she had a very
successful season last year with the Farmer's Market when she was located at Brookdale. She said she
has talked to Target and CUB and they were receptive to allowing a Farmer's Market in their parking
lots. Mr. Eitel added that since both locations are a commercial use, they would be allowed under the
provisions of an Administrative Land Use Permit.
Commissioner Kuykendall stated that both Target and CUB parking lots are extremely busy and might
not be able to handle additional parking and traffic flow. Mr. Eitel stated that if a Farmer's Market
were located at CUB, it would likely be in the same location that there is currently a garden center.
Commissioner Kuykendall stressed her concern with locating a Farmer's Market in a location that
already experiences heavy customer traffic where the parking places shouldn't be compromised with
another use.
There was further discussion among the Commission regarding allowing a Farmer's Market at a
location, such a vacant lot, where traffic would not be an issue rather than located at a business that
already experiences heavy traffic use and congestion.
Chair Rahn stated that for the success of the Farmer's Market it should be located in a highly visible and
accessible location.
Ms. Yang stated that in the past, the Farmer's Markets have not generated more than 20 cars at a time.
She added that customers generally come and go very quickly and do not stay around very long.
Commissioner Parks stated that allowing a Farmer's Market with a ten day Administrative Land Use
permit for now will allow them to operate until the staff is able to define Farmer's Markets and allow
them to operate for an entire season (30 weeks) with an Administrative Land Use permit.
Ms. Yang asked who would be allowed to apply for and receive a permit for Farmer's Markets and how
many would be allowed in the city. Chair Rahn asked for direction from staff on the question. Mr.
Eitel responded that it would be very unlikely that the city could control the number of Farmer's
Markets allowed in the city and would not be able to limit who can apply for a permit to operate a
Farmer's Market.
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Commissioner Campbell- Sudduth asked Ms. Yang why she is concerned with the issue of who could
apply for a permit. Ms. Yang responded that she feels that the Farmer's Market would be more
successful if they were all located in the same location at the same time.
Commissioner Parks pointed out that he feels that until the Farmer's Markets become more popular in
the city, he doesn't feel there will be many applying for permits, and hopefully, if there is an interest by
others, they can be coordinated. He stated that he felt it is the consensus of the Commission to direct
staff to go forward and put together an ordinance amendment that would incorporate language to allow
for Farmer's Markets under Administrative Land Use Permits and present it to the Commission at the
next meeting for review.
Commissioner Leino arrived at 8:18 P .m.
Chair Rahn left the meeting at 8:20 p.m.
Mr. Eitel identified a potential schedule for an ordinance amendment, Planning Commission review for
applications involving an extended use of a parking lot, the use of the existing ten day Administrative
Use permits to operate Farmer's Markets until an ordinance amendment is effective, and the possibility
that garden merchandise could be interpreted to include produce. This would allow the produce
component of a Farmer's Market to operate under a 30 week permit pending an ordinance amendment.
The consensus of the Commission was to proceed with recommendations to establish /allow Farmer's
Markets under the Administrative Land Use permit process.
DISCUSSION ITEM — TEMPORARY SIGNS
• Use of temporary signs for business promotions (portable and banners.
Mr. Eitel referenced that Section 34 -130 Prohibited Signs includes portable signs, banners , pennants,
streamers, balloons, stringers or similar attention attracting devices. Section 35 -800 Administrative
Land Use Permits allows these prohibited signs to occur for ten day periods for an eligible outdoor
activity and not a Grand Opening or promotional event that doesn't involve an outdoor activity.
Commissioner Leino stated that he appreciates the dilemma in enforcing the current ordinance
especially when we don't want to deter new businesses from being able to promote their business. He
stated that he feels that staff should draft language to address the issue.
There was discussion on the merits of obtaining a consultant that would work with the Commission in
reviewing the current code, prepare an inventory of existing signage, identify issues and objectives to be
addressed and coordinate a process for a comprehensive sign ordinance update.
There was further discussion by the Commission regarding amending the city's sign ordinance and the
use of a consultant to do a comprehensive plan update.
Office Building Identification/Signage With Multiple Street Frontages
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Mr. Eitel explained that he had recent discussions with management of the Shingle Creek Towers Office
Building and their plans to identify a new /major tenant, ITT Institute, on the Hwy 100 frontage (east
side of the building). There was a brief discussion on the following:
• Multi story office buildings in Commercial (C -1 and C -1A0 districts, multi story office buildings
may have 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 past practice of allowing this type of business identification.
• Recognition of the location of Brooklyn Center in the office market, the high exposure offered
by I -694 and Hwy 100, and the marketing opportunities to major tenants/businesses choosing
Brooklyn Center as their preferred corporate location and challenges to cooperatively manage an
attractive sign program.
The Commission was advised that a specific request would be presented for the Shingle Creek Tower
building.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
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