HomeMy WebLinkAbout2014 06-25 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
JUNE 25, 2014
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Burfeind at 7:03 p.m.
ROLL CALL
Chair Burfeind, Commissioners Randall Christensen, Katy Harstad, and Stephen Schonning
were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of
Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca
Crass. Benjamin Freedman was absent and excused. Commissioner Morgan was absent and
unexcused.
CHAIR'S EXPLANATION
Chair Burfeind 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.
APPROVAL OF MINUTES—JUNE 12, 2014
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve the minutes of the June 12, 2014 meeting as submitted. The motion passed unanimously.
APPLICATION NO. 2014-011 FARMER'S MARKET,LLC,BCK ENTERPRISES, LLC
Chair Burfeind introduced Application No. 2014-011, consideration of a minor amendment to
the 2011 MaxSun/Sun Foods Planned Unit Development (PUD) allowing a seasonal farmer's
market on the property located at 6350 Brooklyn Boulevard. (See Planning Commission Report
dated 6-25-14 for Application No. 2014-011.)
Mr. Benetti provided a brief background on the history of approvals for the redevelopment of
this property going back to 1996. He stated the owners of the property are requesting approval
of a PUD Amendment to allow a seasonal farmer's market within a certain area of the main
parking lot on Friday, Saturday and Sundays from late spring through early fall.
Mr. Benetti stated as part of the May 23, 2011 Rainbow's Garden City Second Addition plat
review, the parking calculations were as follows:
• Required Parking for All Uses (calc. at 5.5 spaces per 1,000 sf. of gross floor area):
o MaxSun @ 78,037 sf. =430 spaces
o Walgreens @ 13,766 sf. = 76 spaces
o AutoZone @ 9,646 sf. = 53 spaces
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He stated the site has 562 parking spaces with 57 for Walgreens, 33 for AutoZone and 472 for
MaxSun. He added Walgreens was granted 24 off-site parking spaces on the original Rainbow
Foods (now MaxSun) lot, which equates to 81 spaces reserved for this use and AutoZone was
granted 18 spaces on the MaxSun parcel, which equates to 51 spaces reserved to this use which
leaves 430 spaces for MaxSun customers. He added the overall site meets parking requirements
with three excess spaces.
Mr. Benetti stated staff feels the loss of the 49 parking spaces during weekend hours would have
little, if any, effect upon the overall use and enjoyment of customers of MaxSun, Walgreens or
AutoZone.
Commissioner Christensen asked if outdoor cooking would be allowed under a different type
permit. Mr. Benetti replied any food preparation for cooking and selling to the public would
need approval a separate food handlers permit or license through Hennepin County Health
Department, which is doubtful they would grant such a license due to strict and stringent rules
for cooking and serving food [for sale] to the public. He added he has not observed any type of
food sales or services at the Farmer's Market on this site.
Commissioner Christensen asked if food trucks would be allowed at the Farmer's Market. Mr.
Benetti responded issues regarding such conditions or uses could be added as an additional
condition and should be addressed to the applicant.
Commissioner Schonning stated that it is no joke that parking is an issue during the Farmer's
Market. He added he has frequented the Farmer's Market and it is very busy and he has had to
park as far over as the Auto Zone lot. He also stated the food truck issue is one that should be
addressed. He doesn't feel they need to encourage that on this site since it is already busy and
parking is tight.
Mr. Benetti responded that any parking spot that is available is there for any customer to any of
the retail buildings and uses on the site. He stated he did not know the site was so busy on the
weekends and appreciates that information so observations can be made so the Farmer's Market
does not have a major impact on the site.
Commissioner Schonning stated he likes that this plan defines where parking should take place
on the site so as not to inhibit traffic flow.
Mr. Benetti stated there were previous complaints about driving lanes and access aisles being
temporarily blocked during these events, and management should address that or the police
department can be involved to resolve parking violations.
Chair Burfeind asked if there had been any complaints or concerns regarding the Farmer's
Market. Mr. Benetti responded he is not aware of any recent or registered complaints at this
time; but a condition of approval is they must maintain all parking and drive aisles and keep it
clean.
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PUBLIC HEARING—APPLICATION NO. 2014-011
There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to open
the public hearing on Application No. 2014-011, at 7:22 p.m. The motion passed unanimously.
Chair Burfeind called for comments from the public.
Ms. Myrna Kragness-Knauth, 3401 63rd Ave N, stated she does not have an objection to the
Farmer's Market but has an objection to the garbage that blows in her yard from the retail
businesses on the corner. She stated this spring she took two big garbage bags over to them that
she collected over the winter and when the wind comes through, the loose garbage blows and
ends up in her yard. She added she visits the Farmer's Market and enjoys having them in the
neighborhood, but hopes the approval would include consideration of the garbage issue on the
site.
Mr. Greg Heck, representing the management of the Farmer's Market and BCK Enterprises,
stated he understands his concerns with the garbage and added they send out people every
morning to pick up the garbage and they try to stay on top of it. He stated he would not want
food preparation, sales or food trucks on the site.
No one else appeared for the public hearing.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Christensen, seconded by Commissioner Harstad, to close
the public hearing on Application No. 2014-011. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners.
Mr. Benetti stated he appreciates that a sweep is done of the property but would like to be
assured that the entire site, front and back, be maintained especially after the Farmer's Market
closes. He added if the Commission would like to amend Condition No. 8 to state the entire site
must be picked up and kept clean daily,they could do so.
Mr. Heck stated they pick up a huge amount of garbage daily and cannot control it 24-hours, and
he is concerned with a stipulation that makes them at fault for a single piece of garbage found on
the site. Mr. Heck added the problem is garbage is thrown on the ground by the general public
and the retailers in the Farmer's Market are diligent about cleaning up their space.
Mr. Benetti replied the main concern is to clean up the back side of the site to keep garbage from
blowing into the neighborhood and he is confident with Mr. Heck's statements, he will keep on
top of it.
Chair Burfeind stated regardless of what business is there, the zoning code says a property must
be maintained and kept clean regardless of the cost so as not to disturb the neighborhood. He
added if there are any issues, it can be addressed through Code Enforcement or approval and
requirements of the PUD approvals.
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There was further discussion by the Commission and it was the consensus to not add an
additional condition of approval.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2014-12 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMER'S MARKET, LLC
(IN CONJUNCTION WITH BCK ENTERPRISES. LLC) FOR A MINOR AMENDMENT TO
THE MASXUN/SUN FOODS PLANNED UNIT DEVELOPMENT (6300-6350 BROOKLYN
BOULEVARD)
There was a motion by Commissioner Christensen, seconded by Commissioner Harstad, to
approve Planning Commission Resolution No. 2014-012.
Voting in favor: Chair Burfeind, Commissioners Christensen, Harstad, and Schonning
And the following voted against the same: None
The motion passed unanimously.
The Council will consider the application at its July 14, 2014 meeting; and 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.
APPLICATION NO. 2014-012 SPIRITUAL LIFE CHURCH
Chair Burfeind introduced Application No. 2012-012, consideration of a Special Use Permit to
allow a group day care facility for up to 65 children within the main church facility for the
property located at 6865 Shingle Creek Parkway (See Planning Commission Report dated 6-25-
14 for Application No. 2014-012).
Mr. Benetti stated the property is zoned C-1 (Service/Office) and a Group Daycare Facilities are
listed as a special use in the C-1 zoning district. He added the facility has applied for state
licensing with the Minnesota Department of Human Services, however, City Staff has requested
they hold off on granting the program license until the special use permit has been considered
and approved by the City of Brooklyn Center.
Mr. Benetti provided details regarding the layout and function of the daycare. He also discussed
the proposed layout of the playground in what is currently the parking lot and requirements the
city will require for fencing/screening around the playground.
Mr. Benetti explained a fence is planned around the entire perimeter of the playground area and a
secondary fence is planned for the interior of the playground to separate the older kids from
younger children. He pointed out the updated plan set for this playground are absent of any
fence details and the original plans submitted called for the placement of a 4-foot high chain-
linked fence along this outer edge. He added The Applicants were instructed by staff that the C 1
Zone Special Standards requires "....a wood fence not less than four feet in height, or a Council
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approved substitute... " and at the last meeting with church representatives, the Applicants
indicated they wished to install a 5-foot high chain-linked fence along this outer perimeter, but
would consider a wooden or similar style (PVC maintenance free) type fence if required. He
added the applicants were instructed to not put up a fence until final approval was granted;
however,they put the fence up already anyway.
He added it would appear that with a 5-6 foot high wooden fence, some of the dwellings
surrounding the site may be able to see directly into the playground and these sight lines may
make the fence limited for its intended use, which some may argue is to screen the activities or
reduce noises coming from the playground.
Mr. Benetti stated City Code requires a wood fence or suitable alternative and staff feels a wood
fence would provide a much more visual and physical feature for vehicles and drivers inside the
parking lot to pay closer attention to than a chain linked fence to provide as much protection to
the users of this area. He added Planning Staff recommends a solid screen fence of either wood
or suitable material is installed along the playground perimeters as a condition of approval, as
opposed to an open chain linked fence.
Mr. Benetti further explained there are other day care facilities in the R1 zoning district that do
not have a screened fence but have a chained linked fence. He provided visuals of other day care
facilities and what types of fencing and screening are on the sites.
Mr. Benetti explained the five standards that must be met in order to grant a special use permit
and reviewed the city's findings for each standard:
a) The establishment, maintenance, or operation of the special use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health,
safety, morals or comfort.
b) The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
c) The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
d) Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffic congestion in the public streets.
e) The special use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
Commissioner Harstad stated she understands concerns regarding the splinters of the wood fence
but if there are children running around outside, they could attempt to climb a fence, get out and
get hurt. Mr. Benetti replied that hopefully staff would be able to monitor the kids and keep
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f
them off the fence. He added the ordinance says it must be a 4 ft. fence but doesn't have to be
wood if there is an alternative material to provide screening.
PUBLIC HEARING—APPLICATION NO. 2014-012
There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to
open the public hearing on Application No. 2014-012, at 7:57 p.m. The motion passed
unanimously.
Chair Burfeind called for comments from the public.
Mr. Kiril Totev, representing Spiritual Life Church, stated they are here tonight to discuss the
fence situation and they have no objections to any of the other conditions of approval and have
appreciated the help of the planning staff.' Mr. Totev explained they decided to go with the chain
link rather than a wood fence and knew that the fence had to be approved by the City Council.
He added the main reason for the PVC chain link fence is that it looks nicer and it is softer to the
touch and they decided to use this fence as they started to get bids and talk with contractors.
Mr. Totev continued by stating the contractor they choose was very clear about not installing a
privacy fence or plastic version because of the possibility of creating an overheating of the
playground and in the last five years the contractor has not installed any wood fences. He added
the children are generally less than 4 ft. tall and there is no air flow at the ground level that
presents a risk for overheating the kids.
Mr. Totev stated this was discussed with staff and Mr. Benetti let them know they should wait
until after the City Council meeting to install the fence but it would have been very difficult to
install the fence later and so they decided to install it and ask for forgiveness later. He added the
only houses that have a clear line of site already have a privacy fence around their property and
couldn't see into the playground unless from their second floor. He added even with a 6 ft. fence
they would be able to see from their vantage point. He is not sure if the fence is intended to keep
people from seeing in or to keep the noise in.
Mr. Totev stated they hope the Commission will support their proposal on removing a condition
of a wood fence and acknowledging any fence would be acceptable since they already have a
fence in place. He said they feel a wood fence would be a detriment and no benefit to the
surrounding area of the neighbors. He continued by saying as far as its ability to stop cars from
barreling through there, the posts of the fence are very strong and bolted and cemented to the
ground. He repeated the main reason not to have a privacy fence is for the health of the children
so they are not overheated. He suggested Condition No. 4 be removed since they have installed
a 4 ft. fence and the play area is already 12 inches up which creates a 5 ft. fence.
Mr. Totev continued by saying the second thing he would like clarification on is Condition No. 9
regarding `approval of the special use permit does not authorize additional signage'. He is not
sure what that means. He wants to know if they can add a sign to indicate the child care facility
is open. Mr. Benetti replied you can have additional signage but a permit must be obtained and
be in compliance with Chapter 34 (SIGN ORDINANCE). He added approval of the Special Use
Permit does not give automatic approval of any additional signage.
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CLOSE PUBLIC HEARING
There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to close
the public hearing on Application No. 2014-012. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners.
Commissioner Harstad stated she feels the chain link fence would be a better option after hearing
the issues of heat in the playground area.
Commissioner Schonning stated there is a valid point regarding the effects of the wooden fence
on air flow, however, he is inclined to believe it is not exactly what the city ordinance allows but
maybe there should be some flexibility since it is located in the C1 zone and not abutting in a R1
zone. He added he is also unhappy that the fence is already in place and the Commission is
unable to make a fair and equitable recommendation since they already moved ahead and are
looking for forgiveness.
Commissioner Harstad asked about the requirements or need of a 4-foot high fence, or can they
be required to put in a higher fence, and if approval was not granted, would the fence need to be
removed. Mr. Benetti stated if the City Council does not accept this chain-linked style fence as
an approved alternative, then yes, it would have to be removed or made to meet Code or City
Council approvals. Mr. Benetti stated if the fence was recommended to go higher, there would
need to be plausible reasons why. He added the issue at this point is whether or not this material
should be allowed as an "approved substitute" and the Commission should make a
recommendation with supportable or reasonable findings to the City Council, so they can make
final approval.
Mr. Benetti added some fences that have been approved have allowed for reduction in the
ordinance requirements and since the ordinance is so old, staff is unsure what the intent of the
ordinance is. He added the City Code does allow for some flexibility on this issue, which can be
considered for approval.
Mr. Eitel added the 4-foot high wood fence requirement is only for C I and C2 zoning districts.
Mr. Totev stated for future playgrounds, he suggests the city reviews the requirements for a 4 ft.
wood fence and determine the intent of the ordinance to better define and perhaps change it.
Commissioner Christensen stated he does not agree with forgiveness and feels they should have
planned it out and waited for approval before jumping ahead. He feels this is a good alternative
material and does not feel the code should be changed, since the intent could be to provide
screening and noise barrier. He added overall he feels this is a good use and the material used is
better than a metal fence. He stated he is not pleased with the fact that the applicant did not plan
properly and went ahead with construction before receiving approval.
Commissioner Schonning stated they did stay in the spirit of the ordinance but would have
appreciated that they received approval first before moving ahead.
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Chair Burfeind stated he also feels that the process for the City is very important so Planning
Commission, City Council, and staff are all on the same page before moving ahead. He added
the fact the process was not followed is disturbing. He continued by saying he understands why
it was done but that does not take back it was done without approval.
Chair Burfeind stated when screening is discussed with regards to fencing requirements, a chain
link fence is not approved. He does feel in this situation it is an acceptable alternative. He does
not want this situation to set a precedent with the vision in mind for the city. He agrees it looks
good but he does not feel the city code should be revisited because it is a place to start and sets
minimum standards.
Chair Burfeind also added he is glad to see a new daycare in the city and it is a nice investment
to the community. He added any signs being added to the site must adhere to the city code and it
is important to get city approval before installing a sign.
Commissioner Christensen stated he does not want to see banners hanging from a chain link
fence on the site. He added he wants appropriate signage approved by staff and City Council.
It was the consensus of the Commission to approve the resolution with a change to Condition
No. 4 — "The playground must be enclosed with a 5 ft. vinyl coated chain link fence, which is
hereby considered a suitable material, and must maintain a minimum 4-foot high enclosure as
measured from the top level of the playground's plastic play-curbs."
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2014-13 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2014-13 SUBMITTED BY SPIRITUAL LIFE
MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAYCARE
FACILITY IN THE C1 (SERVICE OFFICE) DISTRICT (SPIRITUAL LIFE CHURCH — 6865
SHINGLE CREEK PARKWAY)
There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to
approve Planning Commission Resolution No. 2014-13.
Voting in favor: Chair Burfeind, Commissioners Christensen, Harstad, and Schonning
And the following voted against the same: None
The motion passed unanimously.
The Council will consider the application at its July 14, 2014 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.
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DISCUSSION ITEM
There were no discussion items.
OTHER BUSINESS
Chair Burfeind stated he heard there was an applicant for the open position on the Commission.
Mr. Benetti replied he had not received information of any official appointments.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Schonning, seconded by Commissioner Harstad to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting
adjourned at 8:42 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
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