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HomeMy WebLinkAbout2016 06-16 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JUNE 16, 2016 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Agenda • Motion to Approve the Planning Commission Meeting Agenda for June 16, 2016 4. Approval of Minutes • Motion to Approve the May 26, 2016 meeting minutes 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING ITEMS a) Eric Decker Planning App. No. 2016-007 Property Address: 4206 Woodbine Lane North PUBLIC HEARING – Consideration of a Special Use Permit for Special Home Occupation of a Personal Fitness Training Business in the R-1 One Family Residence District Requested Planning Commission Action: • Direct Staff to present Planning Report; • Motion to open Public Hearing; take public input; • Motion to close Public Hearing; • Commission discuss requested item: • Motion to adopt Planning Commission Resolution No. 2016-08 b) Senior Housing Partners Planning App. No. 2016-003 Property Address: 5401 – 69th Avenue North Reconsideration of the Site and Building Plan Conditions of Phase II - 2012 Maranatha Homes Planned Unit Development Requested Planning Commission Action: • Direct Staff to present Planning Report; • Commission discussion/determination • Motion to Affirm or Amend previously adopted Planning Commission Resolution No. 2016-05 (from 05/26/16 Meeting) PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JUNE 16, 2016 7. Discussion Items a) Update of the City’s Liquor License Ordinance and Discussion 8. Adjournment PC Minutes 05-26-16 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 26, 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randy Christensen, Jack MacMillan, Stephen Schonning, and Rochelle Sweeney were present. Commissioner Alexander Koenig (arrived 7:02 p.m.) and Commissioner Carlos Morgan (arrived 7:22 p.m.). Commissioner Susan Tade was absent and excused. Also present were the Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA – MAY 26, 2016 There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve the agenda for the May 26, 2016 meeting as submitted. The motion passed unanimously. 4. APPROVAL OF MINUTES – MAY 12, 2016 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the May 12, 2016 meeting as submitted. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-003 SENIOR HOUSING PARTNERS PROPERTY ADDRESS: 5401 – 69TH AVENUE NORTH Chair Christensen introduced Application No. 2016-003, Consideration of a Site and Building Plan for a 34-Unit Senior Independent Living Facility – part of Phase II of the 2012 Maranatha PC Minutes 05-26-16 -2- DRAFT Homes Planned Unit Development. (See Planning Commission Report dated 05-26-2016 for Application No. 2016-003.) It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. Secretary to the Planning Commission Benetti provided a presentation, with project layout, highlights and brief analysis of the new development comprehended under Planning Application No. 2016-003 for the Commission. Mr. Benetti noted staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-003, Site and Building Plan for a 34-Unit Senior Independent Living Facility – part of Phase II of the 2012 Maranatha Homes Planned Unit Development, with the conditions noted in the Planning Staff report and also similar in the Resolution. Mr. Benetti stated Mr. John Mehrkens with Senior Housing Partners and Presbyterian Homes is present and has his own PowerPoint presentation to show. Mr. Benetti asked Chair Christensen if he would like to have that shown prior to or after the open forum. Chair Christensen replied he would like to see the presentation first and invited the Applicant forward. Mr. John Mehrkens with Senior Housing Partners, the developing arm for Presbyterian Homes, gave a presentation outlining their vision, values and status on the proposed project. He stated they provide care to just over 37,599 older adults each year within the community, with the majority of their residents being low income. He stated they are looking forward to being able to provide services to more community members. He also noted the architect for the project, Mr. Greg Woollums (with Pope Architects) is present to take any questions or comments as well. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2016-003 Chair Christensen recognized residents in the audience who wished to speak on this matter; and called for comments from the public. There was a motion by Commissioner Morgan, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-003, at 7:25 p.m. The motion passed unanimously. Arvid “Bud” Sorenson, 6901 Toledo Avenue North, Brooklyn Center - stated he has lived across street from the Maranatha Home for 44 years. He stated he has many issues and concerns with the proposed project. He stated the location isn’t large enough to accommodate the plan; parking is not adequate as it is currently, and the traffic coming from the location is already an issue and this will exacerbate the problem. He provided pictures of overflow cars that have parked along the streets surrounding the location due to lack of parking spaces devoted to the building. He stated the high traffic coming from the parking lot at the location has caused a lot of safety concerns regarding school aged children going to and from school in the area. He noted people often are seen passing a car on the shoulder to avoid waiting to get through the intersection, PC Minutes 05-26-16 -3- DRAFT which is a big safety concern. He stated his last issue is that he had trees in the past providing screening his view of the street and buildings surrounding his home and now he only has a sea of cars as his view. He would like to see more screening in place to give the homeowners the privacy and views they should have. Ray Christiansen, 6803 Toledo Avenue North, Brooklyn Center, – stated the most disturbing issue regarding this project is that what they have proposed for the build and what has been done so far do not compare, he stated he feels they have misrepresented the project entirely. He stated he has concerns about the parking accommodations as well. He stated even adding the parking spots proposed for the project, it still won’t be adequate. He stated there is not enough land there to accommodate the size building and parking they propose and need. Commissioner MacMillan asked Mr. Mehrkens how many more employees they plan to hire with this expansion. Mr. Mehrkens replied they only anticipate hiring about 3 additional staff members. Commissioner MacMillan stated he is a volunteer at Augustana Care Facility in downtown and noted parking is an issue there as well. He asked if they will have volunteers as well. Mr. Mehrkens replied he believes so, but the needs are yet to be seen. He also stated they plan to change the facility into a long term care facility down the line and anticipate parking will not be an issue in the future. Chair Christensen asked why the parking in the northwest corner of the parking lot is being eliminated. Mr. Mehrkens stated parking along the curved line was not preferred by city engineers and architects; and if additional parking was need, it would be added by the pond (along the south edge). Mr. Benetti stated that in 2012 when this project was presented to the city, the city engineers and planners were not supportive of having or allowing parking along a curved drive lane, especially for vehicles backing out from the stalls. He stated that parking in this northwest area should be considered a “last-ditch” effort if more parking is needed down the line. He noted with the underground parking they are adding and with what is being proposed to add for above ground parking, City Staff all feel it should be adequate this expanded site. Chair Christensen stated he respectfully disagrees with that assessment; and believes the parking proposed will not be adequate. He stated he does understand there are challenges they face like shift-change times when employees are coming and going at the same time in the parking lot; however, he would like the parking issue to be looked at in depth. He stated he believes they owe it to the home owners who live around the building so they are not looking out their windows at a sea of cars. He stated he would like to see Maranatha to find alternatives that would move the parking closer to the existing multi-level buildings to the west instead of the single level homes to the east. Mr. Benetti asked Chair Christensen if he is asking the engineers to reconsider the parking around the curved line. Chair Christensen replied that is correct. PC Minutes 05-26-16 -4- DRAFT Commissioner Koenig stated he does not see the traffic issue being alleviated in the near future so he agrees that it is a great idea to find a better solution to this situation now instead of waiting for it to be a bigger problem down the line. Commissioner MacMillan asked how many spots they are talking about adding along the curved driveway area. Mr. Benetti stated they could add 14 parking spots. Chair Christensen inquired if the setback requirements have changed. Mr. Benetti replied this site was approved as a PUD-Mixed R-5/R-6 (Planned Unit Development/Multiple Family Residence) in 2012. Structure setbacks for R-5 zones are 35 ft. front, 40-ft. rear, and 15 ft. sides; while R-6 zone is 50-ft. front, 40 ft. rear, and 20-ft. sides. However, where any multi-family zoned development abuts an R-1 or R-2 (single-family or two-family) district, the structure must meet a setback equal to twice the height of the building. Mr. Benetti stated the approved 2012 Maranatha PUD Master Plan illustrated a 100-foot setback for the 38-unit (now 34-unit) senior apartment building. The new building measures between 39’-10’ to 48’ in overall height. The setback remains at 100-feet on the updated Master Plan, which meets the required twice-height standards under this PUD. Mr. Benetti further stated this additional setback provides a nice separation and landscaping strip for added buffering between the adjacent neighbors. Chair Christensen stated that leads to his other concern which is screening. He stated he would like to see additional screening considered for the residents to the north (opposite side of 69th Avenue North) as well. Mr. Benetti used an aerial overhead to point out some areas that might accommodate added plantings or screening shrubs. Chair Christensen stated by adding some shrubs or new landscaping along the 69th Avenue right-of-way would be sufficient. Mr. Mehrkens from SHP replied they will accept a condition to add screening and landscaping as the space allows for it. Commissioner Koenig stated he feels the landscaping and screening would not only be beneficial for residents living outside the building, but it will add to the curb appeal value and provide a nice campus feeling to the development. Commissioner Schonning stated his feeling about the parking is that it is mainly the business of the development and as long as it stays out of the neighborhood and confined to the property, it remains their business. He stated he believes the issue they may face is that it will be an issue for the staffing and residents there. He stated he encourages them to put as much parking as they can wedge into the space for the employees and resident’s sake. He noted he thinks the place is great and a beautiful space, but would be concerned about their employee satisfaction should they not remedy the parking issue. Chair Christensen echoed Commissioner Schonning’s thoughts and added another important point is that while accommodating more parking within the location they need to make sure it does not prohibit emergency vehicle access and spaces. PC Minutes 05-26-16 -5- DRAFT Mr. Mehrkens stated they acknowledge the recommendations regarding the parking and they certainly want their employees to be happy so they will look into these issues and try to find the best solutions. He noted that when the facility moves to transitional care, he believes the parking issue will be alleviated. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2016-003. The motion passed unanimously. It was the consensus of the Planning Commission to approve the application with the following Amendments: 1. Reconsider adding the 14 parking spaces along the curved fire lane in the northwest corner for additional employee parking. 2. Provide screening and landscaping as space allows along 69th Avenue North. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS There was a motion by Commissioner Morgan, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-05 as amended. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 13, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6b) APPLICATION NO. 2016-004 MATT ZDON PROPERTY ADDRESS: 5261 TWIN LAKE BOULEVARD EAST Chair Christensen introduced Application No. 2016-004, consideration of a Variance to Allow Reduced Setbacks for a new 20’ x 20’ Garage in the R-1 One Family Residence District, located at 5261 Twin Lake Boulevard East. (See Planning Commission Reports dated 05-26-2016 for Application No. 2016-004.) PC Minutes 05-26-16 -6- DRAFT It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 150 feet of the subject site. Secretary to the Planning Commission Benetti provided a presentation, with project layout, highlights and brief analysis of the variance requested under Planning Application No. 2016-004 for the Commission. Mr. Benetti noted staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-004, consideration of a Variance to Allow Reduced Setbacks for a new 20’ x 20’ Garage in the R-1 One Family Residence District, located at 5261 Twin Lake Boulevard East., with the conditions noted in the Planning Staff report and also similar in the Resolution. Chair Christensen asked if Commissioners have any questions for the Applicant. Commissioner Morgan asked Mr. Zdon how long he has owned the residence and asked what the total square footage will be upon completion. Mr. Zdon thanked Commissioner Morgan and replied he has been in the house for 2 years and it has been a lot of work but is a nice house. He stated upon completion it will be approximately 2,000SF. Chair Christensen asked if it will be a 2 car garage and asked if it is a 500-year floodplain. Mr. Zdon replied it will be a 2 car garage. Mr. Benetti stated the building needs to meet the City’s own floodplain ordinance, which provides specific and strict guidelines and standards for any new building in the 100-year floodplain. Mr. Benetti stated Mr. Zdon is aware of these standards and is willing to accept these as part of any conditions of approvals for this project. Mr. Benetti further stated he has spoken with many residents in this area of Twin Lake, and they have not witnessed or experienced Twin Lake breeching the banks or any major flooding for years. He stated it is not believed to be an issue they will need to deal with. Chair Christensen asked if there will be enough room coming from the driveway to put the proposed doorway in the breezeway. Mr. Benetti replied it will depend on the permit they receive. M r. Zdon noted it is just an idea and he is open to whatever they can accommodate in that space per the permit. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2016-004 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-004, at 8:36 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. PC Minutes 05-26-16 -7- DRAFT MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to close the public hearing on Application No. 2016-004. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-06 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-004 SUBMITTED BY MATT ZDON There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-06. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 13, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6c) APPLICATION NO. 2016-006 ANTHONY “RICK” NELSON PROPERTY ADDRESS: 5323 DUPONT AVENUE NORTH Chair Christensen introduced Application No. 2016-006, Consideration of a Special Use Permit for Special Home Occupation of a Silk Screen and Image Printing Business in the R-1 One Family Residence District, located at 5323 Dupont Avenue North. (See Planning Commission Reports dated 05-26-2016 for Application No. 2016-006.) It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 150 feet of the subject site. Secretary to the Planning Commission Benetti provided a presentation, with highlights and brief analysis of the new special use permit as comprehended under Planning Application No. 2016- 006 for the Commission. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City consideration of a Special Use Permit for Special Home Occupation of a Silk Screen and Image Printing Business in the R-1 One Family Residence District, located at 5323 Dupont Avenue North. PC Minutes 05-26-16 -8- DRAFT Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Chair Christensen asked Mr. Nelson if he plans to expand his business and hire employees at some point. Mr. Nelson replied he has no desire at this time or in the near future to expand and hire employees. Chair Christensen replied in any case he will hope for the success of the business so he will need to hire employees at some point. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2016-006 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to open the public hearing on Application No. 2016-006, at 8:44 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to close the public hearing on Application No. 2016-006. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-006 SUBMITTED BY ANTHONY “RICK” NELSON There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-07. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. PC Minutes 05-26-16 -9- DRAFT The Council will consider the application at its June 13th, 2016 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. 7. DISCUSSION ITEMS 7a) REVIEW OF THE CITY’S LIQUOR LICENSE ORDINANCE AND DISCUSSION ON POTENTIAL DEVELOPMENT ISSUES THAT MAY BE INFLUENCING DECISIONS IN LOCATING NEW RESTAURANTS WITHIN BROOKLYN CENTER. Mr. Benetti explained this item was brought up by Commissioner MacMillan at the last meeting and it is offered tonight for discussion. Commissioner MacMillan stated his concern is the cost of the liquor license fee. He stated he has gathered the fees of the neighboring cities and the average difference is $8,000 less than Brooklyn Center. He stated Fridley is $8,000, Robbinsdale is $5,500, Maple Grove is $8,000, Crystal is $6,500 and Minneapolis is $10,596. Mr. Eitel stated the problem, he believes, is that the establishments seeking a liquor license don’t meet the 50/50 food to liquor ratio as well as they don’t meet the minimum seating capacity required for a liquor license. He stated this issue has never been challenged and the City has the authority to review these items and decide what is best for the City currently. Commissioner Schonning stated the Millennials are looking for places to go out; they want smaller intimate places that the City doesn’t currently have. He stated he doesn’t personally drink however; he cares about the development of the community and to provide more of what the general people within the community want, they need to give some smaller businesses the opportunities to bring in those customers. Chair Christensen stated he agrees with Commissioners MacMillan and Schonning. He stated looking at these fees and requirements and making changes as needed may be the answer to opening up more opportunities for the success of more businesses in the City. Mr. Eitel stated there are 11 pad sites in the Shingle Creek Parkway business complex to be built. He stated of those sites, 6 are restaurant sites, so there is room to potentially add more businesses like those in demand there. He noted the City Clerk informed him they have the authority to issue 18 liquor licenses and they haven’t utilized them all. Commissioner MacMillan stated he would like to volunteer to assist Mr. Benetti with research or gathering data to get some information useful to these issues they want to address. Mr. Benetti stated he welcomes the assistance. 8. OTHER BUSINESS None at this time. PC Minutes 05-26-16 -10- DRAFT 9. ADJOURNMENT There was a motion by Commissioner Morgan, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:16 p.m. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. Certification of Minutes CITY OF BROOKLYN CENTER ) The undersigned, being the duly qualified and assigned Secretary to the Planning Commission of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the Planning Commission of the City of Brooklyn Center held on May 26, 2016. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the Planning Commission approved said minutes at its June 16, 2016 regular meeting. _______________________________ _______________________________ Tim Benetti, Secretary Randall Christensen, Chair ________________ App. No. 2016-007 PC 06/16/2016 Page 1 Planning Commission Report Meeting Date: June 16, 2016 Application No. 2016-007 Applicant: Eric T. Decker Location: 4206 Woodbine Lane North Request: Special Use Permit for Special Home Occupation INTRODUCTION Mr. Eric Decker is requesting special use permit approval to operate a personal fitness training business as a home-based business from his residence, located at 4206 Woodbine Lane North. The special home occupation will be conducted within the Applicant’s detached garage and the rear yard area. The home based business may include individual or group training lessons; occasional customer/clientele traffic; and equipment not customarily found or used in typical residential dwellings. These contributing factors require the granting of a special use permit by the City Council, following review and recommendation by the Planning Commission under official public hearing process. Written notices of this public hearing were mailed to all residential property owners within 150- feet of the subject site. As of the preparation of this report, no comments either for or against this request, have been received by the City. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: Single-Family Current Zoning: R-1 Two Family Residence Surrounding Zoning: North: (City of Brooklyn Park) East: R-1 One Family Residence South: R-1 One Family Residence West: R-1 One Family Residence Neighborhood: West Palmer Lake Conformity to: Land Use Plan: Yes Zoning Ord.: Yes Subdivision Ord.: N/A Sign Ord.: Unknown or not under consideration at this time. Variance Needed for Request: No • Application Filed: 05/31/16 • Review Period (60-day) Deadline: 07/30/16 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2016-007 PC 06/16/2016 Page 2 BACKGROUND Pursuant to City Code Section 35-310 R-1 One Family Residence District standards, Special Home Occupations as defined in Section 35-900 are allowed by means of a special use permit. City Code Section 35-900, a Special Home Occupation is defined as follows: Home Occupation, Special – Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Per Code Section 35-406, the following are additional requirements for special home occupations: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's street frontage. ________________ App. No. 2016-007 PC 06/16/2016 Page 3 b. The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. DETAILS of HOME OCCUPATION Mr. Decker is a resident of the subject property, which is owned by Greta Brooke Heaps. The property consists of 9,900 sq. ft. of land area, and contains a 1,224 sf., single family rambler style residence, with a 24’ x 36’ (864 sf.) detached garage (see image below). Mr. Decker provided a brief summary on his personal fitness training business, to be known as Challenger Training, LLC, and includes the following activities or services: Activities carried out: Personal fitness training, including: • Initial meetings, consultations, fitness assessments, program planning and design. • Weight lifting (powerlifting, strength training, bodybuilding style training, Olympic style lifting, endurance training). • Cardiovascular exercise (running, cycling, rowing, calisthenics). • Plyometric training (explosive type movements i.e. box jumps). • Kettlebell training. • Boxing and/or martial arts training (physical fitness only - no sparring or actual fighting). • Unorthodox training methods (tire flipping, tire hammering, rope climbing). • Sport specific drills (cones, sprinting, ladders). • Stretching. • Restorative work (i.e. foam rolling). • Nutrition advice. ________________ App. No. 2016-007 PC 06/16/2016 Page 4 The business is limited to Mr. Decker as the sole employee and operator of the fitness training business. Mr. Decker indicates he hopes to have a total of 20 clients, with up to 5 or 6 clients per day utilizing his training services. Mr. Decker states up to 1 – 3 clients may work out together at the same time in limited occasions. Hours of operation limited from 9:00 AM to 9:00 PM Monday – Saturday, with very limited 2 to 3 hours on Sunday. Sessions last typically about 1 hour, with longest up to 90 minutes and shortest 30-minutes. All clients will be directed to park on the driveway; and noise will be limited to music contained inside the garage. Mr. Decker also confirmed that he is CPR (Cardio-pulmonary Resuscitation) and AED (Automated External Defibrillator) certified through the American Red Cross, and is undergoing testing to become officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) next month. Mr. Decker stated he will not officially engage in any training until after said certification; and will be purchasing liability insurance through the same NSCA. ANALYSIS - SPECIAL USE Pursuant to City Code Section 35-220; Subpart 2. Standards for Special Use Permits, a special use permit may be granted by the City Council after demonstration by evidence that certain standards used to measure or allow a special use have been or will be met as part of any approvals. The following section highlights these standards (italic text), with city planning staff responses to each standard afterwards: 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. The Applicant indicates the fitness training and work-out sessions will be limited to 5 or 6 clients per day, and within a range of 12 hours in order to provide maximum flexibility to his clients. Sessions last typically about 1 hour. Most of the work-out and weight- ________________ App. No. 2016-007 PC 06/16/2016 Page 5 training equipment will be contained inside the garage, with limited outdoor activities or equipment. Applicant ensures any clients utilizing this site and fitness equipment will be closely supervised and monitored at all times; and all equipment shall clean, sound and maintained in good shape (no pun intended) and used in a safe and effective manners. Staff recommends that due to the potential for strenuous activities performed on the properties, the Applicant be certified in CPR and basic First Aid; or have available on site a fully stocked and accessible First Aid kit, and if possible an Automated External Defibrillator (AED) kit. Access to a phone or instructions/directions of the house phone will also be required in case of any need to call for emergency situations. Although this personal fitness training business does not necessarily “promote or enhance” the overall general public welfare, but moreover a select few individuals and clients, Staff believes this use should not be detrimental or endanger the public health, safety, morals or comfort of the neighborhood or adjacent residents, provided the Applicant maintains limited hours and clientele throughout the regular work days; does not allow excessive noises such as screaming, grunts, banging/dropping of equipment on the floor or ground areas; or allow loud music to emanate or noticeable from the adjacent properties, which would disturb the normal peace and quiet of the neighboring properties. 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. The Applicant’s residence is surrounded by similar single family homes on each side, with an open-space area and park to the north (which is City of Brooklyn Park). The Applicant stated he is considering adding a wooden privacy fence along the easterly side property line, which Staff recommends be included as part of any approvals. This fence will help screen any activities that may be viewed from the easterly neighbors, and shield clients working out in the rear yard areas or within the back garage/indoor training space. ________________ App. No. 2016-007 PC 06/16/2016 Page 6 Staff is also recommending the Applicant provide additional fencing along the back corner of the garage to the north property line, and enclose the gap between the garage and the wing-addition from the main residence. This fence will ensure that all activities inside the garage and rear-yard areas are completely screened form neighbors viewpoints; and limit the noise and activity levels that neighbors may not be accustomed to living next door to such a use. Staff does not feel the rear yard to the open space needs to be fenced. Barring any negative comments or registered complaints from the neighbors, city staff will assume that this special use will not be injurious or take away any enjoyment of the surrounding properties due to this use. Should this fitness training use become a negative issue, or causes disturbance with the neighbors, the City reserves the right to take corrective action with the Applicant; or have the special use permit rescinded and order the fitness business to cease operations if necessary. 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. The Applicant’s property is surrounded by similar single family residential uses. With the fitness use and activities limited to the rear garage space and back yard areas, along with limited number of daily clients, Staff does not believe this use will impeded the normal and orderly development and improvements of these surrounding properties. 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. The Applicant’s has a larger than normal detached garage to accommodate up to two vehicles. The driveway measures almost 70-feet in length, which can easily accommodate 3 to 4 vehicles to park on one side of the driveway if necessary. On-street parking is not restricted along Woodbine Avenue, and on street parking may be permitted for short term parking only. Staff believes adequate measures have been or will be taken to provide ingress, egress and parking for the current residence and special home occupation as requested. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The residential dwelling appears to conform and meets all applicable regulations of the R-1 Zone. The allowance of this personal physical fitness and training business/use at the single family residence should not impact or create any unsafe or non-conforming situations that would deem the property unusable or dangerous to continue this on-site physical training and fitness facility. The City reserves the right to have an inspection by the Building Official of the garage structure, equipment and premises to ensure they meet all current building and fire safety codes, and any related life-safety measures. ________________ App. No. 2016-007 PC 06/16/2016 Page 7 RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2016-08, which comprehends approval of Planning Application No. 2016-007, a Special Use Permit to operate a personal fitness training business as a home-based business from the residence, located at 4206 Woodbine lane North, subject to the following conditions: 1. The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2. Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3. Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4. Applicant shall provide proof or documentation that he is certified in CPR/AED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated External Defibrillator (AED) kit is also highly recommended. 5. Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6. The Applicant/Owner shall install a 6 – 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7. All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor’s property boundaries. 8. No retail sales or displays of merchandise and printed (finished) products will be allowed on the premises, either inside or outside the garage and residence. 9. Per City Code- Ch. 34-Signs, the Applicant may have one freestanding or wall sign for the home-based business, with the maximum size area not to exceed 2.5 square feet and the height above ground not to exceed six feet. ________________ App. No. 2016-007 PC 06/16/2016 Page 8 10. Applicant is allowed to have up to one (1), non-family member employee work at the business if necessary, with no children hired to serve the business until they are of legal working age, per Minnesota State Statute 181A. 11. All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner’s home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12. The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2016-08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A PERSONAL PHYSICAL FITNESS TRAINING AS A HOME-BASED BUSINESS IN THE R-1 ONE FAMILY RESIDENCE DISTRICT (LOCATED AT 4206 WOODBINE LANE NORTH) WHEREAS, Planning Commission Application No. 2016-006 submitted by Eric Thomas Decker (as “Applicant”) requesting a Special Use Permit for Special Home Occupation to operate a personal fitness training business from the single-family residence, located at 4206 Woodbine Lane North (“Subject Property”); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-310, Subd. 2. Special Uses, “Special home occupation as defined in Section 35-900” are allowed in the R-1 District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2016-007; and WHEREAS, on June 16, 2016, the Planning Commission held a duly noticed and called public hearing, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City’s Zoning Ordinance, and found the request complies with the general goals and objectives of the City’s 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-007 submitted by Eric Thomas Decker may be approved based upon the following considerations: A. The establishment, maintenance, or operation of the special use 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. PC RESOLUTION NO. 2016-08 Page 2 of 4 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. BE IT FURTHER RESOLVED by the Planning Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2016-007 may be approved, subject to the following conditions and considerations: 1. The special use permit is granted for the exclusive operation of a personal physical fitness training business by the Applicant on the Subject Property only. 2. Applicant is allowed to operate the fitness training business between the hours of 9:00 a.m. and no later than 9:00 p.m. each day, and shall be limited to only 3 hours on Sunday (no later than 4:00 PM). 3. Any weight lifting or cardio equipment used in this fitness operation shall be used only under close personal monitoring by the Applicant; used in a safe and normal manner; and shall be cleaned, in good shape, properly cared for and stored inside the garage space when not in use. 4. Applicant shall provide proof or documentation that he is certified in CPR/AED and basic First Aid; shall have an up-to-date and accessible First Aid kit; and access to a phone for emergency situations. An Automated External Defibrillator (AED) kit is also highly recommended. 5. Applicant shall provide proof or documentation that he is officially certified as a personal trainer through the National Strength and Conditioning Association (NSCA) and evidence of insurance carried through the NSCA. 6. The Applicant/Owner shall install a 6 – 7 ft. high solid opaque privacy fence along the east property line, the westerly lot lines; and the gap between the front edge of the garage and back addition to the home. 7. All noises emanating from the site or music played during work-out or training sessions shall be kept to minimum noise levels, and shall not be overly discernable at the neighbor’s property boundaries. PC RESOLUTION NO. 2016-08 Page 3 of 4 8. No retail sales or displays of merchandise and printed (finished) products will be allowed on the premises, either inside or outside the garage and residence. 9. Per City Code- Ch. 34-Signs, the Applicant may have one freestanding or wall sign for the home-based business, with the maximum size area not to exceed 2.5 square feet and the height above ground not to exceed six feet. 10. Applicant is allowed to have up to one (1), non-family member employee work at the business if necessary, with no children hired to serve the business until they are of legal working age, per Minnesota State Statute 181A. 11. All parking associated with this home occupation shall be off-street on improved spaces provided by the Applicant. On-street parking may be allowed but only in front of the Applicant/Owner’s home and limited during the day hours. All vehicles parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 12. The Applicant shall comply with all recommendations of the Building Official with respect to building, fire and life-safety related matters regarding the location and operation of this home occupation. An inspection of the premises by the Building Official is required. 13. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 14. The special use permit is subject to all applicable codes, ordinances, regulations and conditions noted herein. Any violations thereof may be grounds for revocation. June 16, 2016 Date Randall Christensen, Chair ATTEST: Secretary PC RESOLUTION NO. 2016-08 Page 4 of 4 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners ; ; ; ; and ; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Planning Commission (763) 569-3335 DATE: June 16, 2016 TO: Chair Randall Christensen and Planning Commissioners FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning & Zoning Specialist SUBJECT: Reconsideration of the Site and Building Plan Conditions of Phase II - 2012 Maranatha Homes Planned Unit Development Background: At the May 26th Planning Commission meeting, the Commission adopted Resolution No. 2016- 05, which provided a favorable and unanimous recommendation of approval regarding Planning Application No. 2016-003, the Site and Building Plan application for a new 3-story, 34 unit senior independent living facility within the Maranatha Senior Community campus. Prior to adopting this resolution, the Commission elected to add (amend) the following two conditions of approval: 1) The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. 2) The Developer shall provide additional landscaping for screening purposes along 69th Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. After the meeting, Planning Staff forwarded these conditions on to the City Engineer for review and comments, and the following reply was received: “[Staff] should recommend the parking on the east. Having parking on a tight radius curve can cause safety issues with the lack of line of sight, especially with it being a drive aisle to the additional parking area and delivery area. [Engineers] are not aware of any "overuse" of either driveway and doesn't really have any merit as it is a driveway entrance, with no preconceived notion of distribution of traffic to either driveway. With proper screening and buffering, our recommendation should be the east parking as planned.” Staff also received a follow-up review memo (dated 06/07/16) from Maranatha’s consultants at Westwood Engineers, who performed the original traffic and parking study in 2012. The memo begins by stating: Page 2 of 3 ___________________________________________ City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 “After review, we agree with the City Staff and City Engineer Lillehaug’s opinion that parking on a tight radius may cause safety issues.” The report goes on to further state: “In the Existing (today) condition, a surplus of 58 stalls is calculated using the ITE Parking rates. Similarly, under the Phase II condition, a surplus of 74 stalls is calculated. If the 14 stalls are removed from the plan, there will still be a surplus of parking on the site. Therefore, it is recommended that the 14 stalls be removed.” In preparing a City Council Summary Report on this item for the June 13th agenda, and which includes a copy of the adopted PC resolution, city staff chose to go along with the engineers’ (both city and consultants) suggestion that the 14 spaces in the northwest corner be removed, and was prepared to make this recommendation to the Council. However, after some internal discussions between city staff, it was recommended that this planning application item be pulled from the Council agenda, and this parking condition be re- evaluated and reconsidered before the Planning Commission once again. It should be pointed out that in the 2012 Maranatha PUD review (rezoning, site plans, and subdivision) there were concept plans and site plans that included a detail for 14 parking spaces in the northwest corner under “proof-of-parking”. When reviewing the new site/development plans of the new nursing care facility, Staff was very cautious in recommending a reduced parking standard for this site, as we wanted to make sure the entire site could accommodate on- site parking needs for the residents, workers and visitors. When the initial review was done, the Planning Commission adopted Resolution No. 2012-10 (05/31/12 – and attached), which included the following: 14. The Developer shall install the 14 proof of parking spaces on the northwest area of the assisted living facility, and the 16 spaces on the north end of the fire lane/ ring road in the northeast corner of the site. However, when the full PUD plans were presented to the City Council at the June 25, 2012 meeting, this condition was removed for some reason from City Resolution No. 2012-90 (attached). Even though the Planning (PowerPoint) presentation includes the recommendation to install the 14 spaces, the meeting minutes do not indicate if the Council made a motion or decided to have this condition removed from the resolution. Planning staff will be conducting further research next week and may have an update for the Commissioners at next Thursday night’s meeting. Page 3 of 3 ___________________________________________ City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 It should also be pointed out that if the 14 spaces are added in this NW corner, the sidewalk along this driveway will need to be adjusted; and additional screening measures needed to prevent or reduce headlight wash into the nearby lower living units. (Refer to attached site photos) City staff is requesting the Planning Commission once again re-evaluate and reconsider this condition to add the 14 parking stalls in this northwest corner, and determine if these spaces are absolutely needed or required as part of this expanded PUD/Phase II project. If so, you can simply affirm your findings and recommendations made under the previously adopted Resolution No. 2016-05; or amend the condition(s) of this resolution accordingly. Planning staff is also including for follow-up review and consideration a proposed screening plan along 69th Avenue right-of-way, which is part of the added conditions made by the PC at the May 26th meeting. The plan shows a small number (3) of Black Hill Spruce trees near the northeast corner of the site; along with some low-level shrubs or plantings in the middle segment of this front yard boulevard space. Staff will be soliciting the Planning Commissions comments and recommendations on this screening plan for 69th Avenue. MEMORANDUM TBPLS Firm No. 10074302 Date: June 7, 2016 Re: Maranatha Care Center – Northwest Corner Parking File R0008784.00 To: Lisa Albain, Senior Housing Partners From: Steve Manhart, P.E. PTOE, PTP As requested, Westwood reviewed the comments from the City of Brooklyn Center Staff regarding the Planning Commission’s recent condition requiring Maranatha add the 14 spaces in the northwest corner of the development. After review, we agree with the City Staff and City Engineer Lillehaug’s opinion that parking on a tight radius may cause safety issues. With these stalls being located along the main access for employee parking and delivery, it is prudent from a traffic safety perspective to remove them. There are other areas on the site where parking and sight lines would be less of an issue; namely on the east side of the property. Table 1 of our March 23rd memo indicates adequate parking supply was calculated in the Existing and Phase II conditions. In the Existing condition, a surplus of 58 stalls is calculated using the ITE Parking rates. Similarly, under the Phase II condition, a surplus of 74 stalls is calculated. If the 14 stalls are removed from the plan, there will still be a surplus of parking on the site. Therefore, it is recommended that the 14 stalls be removed. Additionally, Staff had requested clarification on other items: 1. It has been reported that Maranatha has a total of 126 full-time equivalent (FTE) employees. (Largest shift size will need to be identified by others.) 2. Figure 1 of Westwood’s March 23rd memo shows that peak parking occupancy was observed occurring between 1:30 and 2:30 p.m., when 111 vehicles were parked on the site. This translates into a parking occupancy rate of 93% under current conditions. Maranatha has reported that at 2:00 p.m., both a.m. and p.m. staffs from nearly all departments are on campus. June 7, 2016 Page 2 3. Maranatha has reported that the change in parking related to the reduction in the transitional care unit (TCU) is not yet known, but there will likely be a gradual reduction starting immediately and reducing into the fall when the new budget year starts. Maranatha also reports the reduction will likely result in fewer than 10 additional spaces being available on any given day. cc: Vern Swing, Westwood