HomeMy WebLinkAbout2018 04-26 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
April 26, 2018
Regular Session
1. Call to Order: 7:00 PM
2. Roll Call
3. Approval of Regular Meeting Agenda
Motion to Approve Planning Commission Regular Session Meeting Agenda for April 26,
2018
4. Approval of Minutes
Motion to Approve the April 12, 2018, 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. Applicant: HOM Furniture, Inc.
Property Address: 2501 County Road 10
Request: Consideration of a request to approve the use of certain
exterior materials in the renovation of the former Kohl’s
building.
Requested Planning Commission Action:
• Direct Staff to present Resolution;
• Discussion with City Staff and Commissioners;
• Adopt the proposed Planning Commission Resolution No. 2018-007
(Resolution Regarding the Use of Certain Exterior Materials in the
Renovation of the Former Kohl’s Building (2501 County Road 10))
b. Planning Commission Application No. 2018-005
Applicant: Neal Thao (Noble Academy)
Project Address: 6201 Noble Avenue North (PID: 33-119-21-44-0003)
Summary: At the meeting on April 12th, 2018, the Planning Commission
recommended approval of a site plan for the expansion of an
existing parking lot and construction of a bus-only driveway,
subject to a request to amend the presented resolution based
on a determination by City staff of the minimum required
driveway aisle for emergency vehicle access along the
proposed bus-only drive. This item received approval by City
Council at their meeting on April 23, 2018.
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
April 26, 2018
Regular Session
Requested Planning Commission Action:
• Direct Staff to present amended Resolution;
• Discussion with City Staff and Commissioners;
• Adopt the amended Planning Commission Resolution No. 2018-006
(Resolution Regarding Recommended Disposition of Planning Commission
Application No. 2018-005 Submitted by Neal Thao of Noble Academy
Requesting Site Plan Approval for a Parking Lot and Driveway Expansion
(Located at 6201 Noble Avenue North))
7. Discussion Items
a. City Council Planning Commission Applications Update
b. 2018 Land Use Training & Education Program
8. Other Business
None.
9. Adjournment
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
April 26, 2018
Work Session
Immediately Following Regular Planning Commission Meeting which begins at 7 p.m.
Work Session Item
1. 2040 Comprehensive Plan Process with Jennifer Haskamp of Swanson Haskamp
Consulting (SHC)
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
APRIL 12, 2018
1. CALL TO ORDER
The Planning Commission meeting was called to order by Chair Christensen at 7:06 p.m.
2. ROLL CALL
Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen
Schonning, Susan Tade, and Abraham Rizvi were present. Commissioner Rochelle Sweeney was
absent and excused. Also present were City Planner and Zoning Administrator, Ginny McIntosh,
Community Development Director, Meg Beekman, and Michaela Kujawa-Daniels of TimeSaver
Off Site Secretarial, Inc.
3. APPROVAL OF AGENDA – APRIL 12, 2018
There was a motion by Commissioner Tade seconded by Commissioner MacMillan to approve
the agenda for the April 12, 2018, meeting as submitted. The motion passed unanimously.
4. APPROVAL OF MINUTES – MARCH 29, 2018 REGULAR SESSION AND
MARCH 29, 2018 WORK SESSION
There was a motion by Commissioner Koenig, seconded by Commissioner MacMillan, to
approve the minutes of the March 29, 2018, Regular Session meeting as submitted. The motion
passed unanimously.
There was a motion by Commissioner Koenig, seconded by Commissioner Rizvi, to approve the
minutes of March 29, 2018, Work Session meeting as submitted. The motion passed
unanimously.
5. CHAIRPERSON’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. 2018-004
APPLICANT: STEPHANIE ALSTEAD (BWBR)
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PROJECT ADDRESS: 6800 SHINGLE CREEK PARKWAY
City Planner and Zoning Administrator Ginny McIntosh introduced Application No. 2018-004.
She reviewed the background and purpose of this application, and conducted a presentation on
the application, which requested approval of a site and building plan for an approximately
13,427-square foot dry room addition within the interior courtyard of the Medtronic north
building.
Stephanie Alstead of BWBR, Applicant, addressed the Commission. She stated the review that
was provided by Ms. McIntosh was thorough and covered all the information she would like to
share.
Chair Christensen asked if the ramp on their plan is being removed to be replaced by another
ramp, or if it isn’t needed. Ms. Alstead stated they don’t have a use for the ramp and have plans
to replace it with a loading dock.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2018-005 REGARDING THE DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2018-004 SUBMITTED BY STEPHANIE ALSTEAD OF BWBR,
REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 13,427-SQUARE FOOT
DRY ROOM ADDITION TO THE MEDTRONIC NORTH BUILDING (LOCATED AT 6800
SHINGLE CREEK PARKWAY)
There was a motion by Commissioner Koenig, seconded by Commissioner Schonning, to
approve Planning Commission Resolution No. 2018-005 as submitted.
Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Tade,
and Rizvi.
And the following voted against the same: None
The motion passed unanimously.
6b). APPLICATION NO. 2018-005
APPLICANT: NEAL THAO (NOBLE ACADEMY)
PROJECT ADDRESS: 6201 NOBLE AVENUE NORTH
City Planner and Zoning Administrator Ginny McIntosh introduced Application No. 2018-005.
She reviewed the background and purpose of this application, and provided a presentation on the
Applicant’s requests. She further highlighted the recommendations regarding requested changes
to the access and parking proposed by City staff as part of the approval process.
Commissioner Tade asked if the surrounding properties were notified about this site plan. Ms.
McIntosh stated that as this is a site plan approval, it does not require a public hearing and
therefore does not require a public hearing notice to be published in the newspaper or mail
notices to be sent out as part of the approval process.
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Chair Christensen asked what the three parking spots located in the proposed hammerhead were
for initially. Jeffrey Prasch, Project Engineer, addressed the Commission and stated they were for
staff parking and noted the hammerhead was initially created the way it is laid out due to the
presence of mature trees along the existing parking area off Noble Avenue North.
Commissioner Schonning commented on the proposed bus-only drive aisle width and noted that
the issue with the aisle width would be with fire trucks and emergency vehicles trying to get
through the area, which could be problematic. Ms. McIntosh noted that when Fire Inspector
Brandon Gautsch brought the fire truck out to the former AMF Earle Brown Lanes building at
6440 James Circle North to determine minimum turn radius and drive aisle, she recalled a
minimum of 20 or so feet was necessary, but could follow up with Fire Inspector Gautsch to
verify.
Chair Christensen stated he feels there would be adequate space to turn emergency vehicles
around near the bus-only drive aisle. He stated he would like the discussion to go back to City
staff so the Applicant can at least look at other options. The Commission was in general
agreement with Chair Christensen.
Ms. Beekman stated the Commission can add a friendly amendment to the draft resolution
proposed this evening which would provide an overview of what the Commission wishes to see
for the resolution.
ACTION TO ACCEPT AN AMENDMENT TO THE PROPOSED APPROVAL OF
CONDITIONS AND RECOMMENDATIONS OF PLANNING COMMISSION
RESOLUTION NO. 2018-006 REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2018-005 SUBMITTED BY NEAL THAO OF NOBLE ACADEMY,
REQUESTING SITE PLAN APPROVAL FOR A PARKING LOT AND DRIVEWAY
EXPANSION (LOCATED AT 6201 NOBLE AVENUE NORTH) TO ALLOW STAFF AND
APPLICANT FURTHER REVIEW OF THE PROPOSED BUS-ONLY DRIVE AISLE WIDTH
AND 90-DEGREE BUS STALL SPACE ADJACENT TO BUS-ONLY DRIVE AISLE.
There was a motion by Commissioner Tade, seconded by Commissioner Koenig to approve
Planning Commission Resolution No. 2018-006 as amended.
Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Tade,
and Rizvi.
And the following voted against the same: None
The motion passed unanimously.
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7. DISCUSSION ITEMS
7a) INTERIM USE PERMITS
Ms. Beekman introduced this item and provided some background on this topic. She stated the
City was approached by Luther Auto, which had inquired about needing to find off-site storage
for new vehicle inventory for a period of up to two years. Staff recommended to the City Council
that if they wish to proceed with allowing the request, the best way to do it would be through an
interim use permit process, which could allow the off-site storage of new vehicles as an
allowable use under certain circumstances in the City. The City Council directed staff to draft an
interim use permit ordinance and bring the item to the Planning Commission for review and
consideration. Ms. Beekman noted that a memorandum outlining the background of the request
and a draft resolution have been included for review by the Commission.
Chair Christensen stated he isn’t sure if a maximum time length should be included in the
ordinance. Ms. Beekman stated that, as part of the approval of an interim use permit, a time
frame could be established on a case-by-case basis.
Commissioner Schonning stated he would like to see a minimum distance requirement from any
single-family districts in the proposed draft ordinance. He stated there should also be
requirements on how vehicles may be stored with regard to the placement and parking of them,
and to allow easy accessibility to all vehicles at all times, rather than allowing vehicles to be
stacked bumper-to-bumper. He noted that any proposed off-site vehicle storage should be done
in a nice, aesthetically pleasing way, with potential fencing or screening.
Ms. Beekman noted if the Commissioners want to require screening for all potential off-site
vehicle storage lots, then they would want to identify this in the ordinance.
Commissioner Tade asked why the City would want to allow this at all. Ms. Beekman stated that
as Luther is one of the largest tax payers in the City of Brooklyn Center, and given the amount of
cars they have, Luther has had issues in keeping enough new vehicle stock in vicinity of the six
dealerships they have located in the City.
Chair Christensen stated the wording should include something along the lines that the interim
use permit should only be issued for automobiles that are sold within Brooklyn Center, rather
than for storage of vehicles sold at other dealerships in the metro.
Commissioner Koenig asked if this ordinance would apply only to the City-owned lots or if this
for privately owned lots as well. Ms. Beekman stated it is for both. Commissioner Tade clarified
that any space Luther Auto would be using would be leased and payment would be received
from Luther Auto for using the lot. Ms. Beekman stated that is correct. Commissioner Koenig
stated it is important to accommodate the dealership but they do need to make sure there are
regulations and that those are adhered to on some level.
Commissioner Schonning stated he has seen a Volkswagen dealership that has a ramp and that
may be what they will need to look at long term to solve this problem due to the amount of
vehicles they need to store. Chair Christensen followed up and stated that signage would need to
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be addressed because he would like to have signage limited to a small sign on the gate or a
simple sign stating their name and “no trespassing.”
City Planner and Zoning Administrator Ginny McIntosh inquired whether the Commission felt
security lighting should be a requirement for this type of use. Chair Christensen added that
lighting will be difficult to place at some locations as vacant lots will most likely not have power
hook-ups. Commissioner Koenig stated another issue will be the City maintaining control of a
property should a developer want to re-develop a City-owned lot, and should Luther lease space
on one for off-site vehicle storage.
Ms. Beekman stated staff will review and re-draft the ordinance based on their feedback and then
it will be reviewed again by the City Council.
8. OTHER BUSINESS
Ms. McIntosh provided a copy of the SWOT analysis survey to Commissioners Tade and
Schonning due to their absence at the last meeting on March 29th. She asked them to review the
survey and prioritize which strength, weakness, opportunity, and threat were the most important
in each of the categories discussed at the meeting.
Chair Christensen stated the conversation went well at the last meeting regarding the 2040
Comprehensive Plan. Commissioner MacMillan stated there was a lot of open conversation, and
Commissioner Rizvi added the conversation on transportation seemed long, which he thought
was surprising. Chair Christensen stated there are two sides to the transportation discussion,
mass transit and private vehicle transportation, which is why it was a lengthy conversation.
Commissioner Koenig stated he was surprised that the education portion of discussion was not as
long or as prioritized as he thought it would be and it was not discussed until the end of the
meeting. Chair Christensen stated he equates the lack of discussion on education to the age
ranges of those on the Commission, but stated it is equally important and it does need to be
discussed because it is important to the growth of the City and its residents.
Ms. Beekman stated at the next meeting Jennifer Haskamp will go over the scoring and do some
exercises on mapping and the application of this work to the physical areas of the plan. She
stated the map and additional discussion will be provided at the Housing Commission, Multi-
Cultural Advisory Commission, and Parks and Recreation meetings. In order to ensure the
Planning Commission and City Council are on the same page, she is hoping to schedule one or
two joint meetings to review the draft Comprehensive Plan prior to August, when the City
Council will likely review the final draft document.
In consideration of these upcoming meetings, and the Commissioner’s schedules, Commissioner
Tade noted she will be gone the week of July 26th.
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9. ADJOURNMENT
There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
7:57 p.m.
_______________________________ _______________________________
Ginny McIntosh, Secretary Randall Christensen, Chair
Stephanie Alstead (BWBR) | Medtronic
Item 6.a
REQUEST:
(1)Site and
Building Plan
Planning Commission Meeting of 04/12/2018
Background & Request
Applicant is requesting approval of:
(1) Approval of a Site and Building Plan for an approximately 13,427-square foot “dry room” addition on the interior courtyard of the Medtronic north building (located at 6800 Shingle Creek Parkway).
Medtronic is located on 18.87 acres and includes two buildings (north and south), a walkway connection, parking areas and other improvements
Property is zoned I1 (Industrial Park) District
Subject Property History
The first Medtronic building was constructed around 1973
A second building was constructed around 1976
This building was intended for use as a facility for battery production
Building required issuance of a variance from the City’s Fire Code to allow for the installation of two special “dry rooms” where
lithium would be used in the manufacture of batteries for electronic medical devices (e.g., heart pacemakers).
The humidity in “dry rooms” is strictly controlled, and water, such as found in fire suppression systems is avoided as water and
lithium do not mix well together.
Other site improvements were added to the site over the years, including the addition of a walkway between the north and south
buildings and an approximately 9,974-square foot addition to the north building in 2001.
Source:
Yelp/AMF
Existing Conditions
Source: Ginny McIntosh
Building Review
13,427-square foot “dry room”
addition to be constructed within
the interior courtyard of the u-
shaped north building
Select existing utilities, concrete
pads, downspouts, guardrails and
stairs would be removed
Existing skyway would be preserved
and stormwater catch basins
preserved during construction
Building addition would utilize the
following materials:
Precast concrete panels
Aluminum curtain walls and
composite metal panels
Glazing (glass)
Metal louver screen walls
Source: BWBR
Access and Parking
Existing access points off Shingle Creek Parkway would remain
Some parking spaces would be removed from interior courtyard—33 90-degree parking spaces would be
re-installed
Assuming a use of “Industry and Wholesale” a minimum of 644 parking spaces is required.
Following construction of the addition, 855 parking spaces would be located on site.
Parking Use Minimum Required Parking
Spaces Provided Parking Spaces (in bold)
Industry and Wholesale 1 stall for every 2 employees (maximum
average shift) OR 1 stall per every 800
square feet, whichever is greater
644 spaces (assuming 1,287
employees) OR 382 spaces (assuming
ADA 2% of total (for 501 to 1,000 parking
spaces per 2015 Minnesota Accessibility
Code) OR 13 spaces assuming
minimum 644 spaces
Total Required Parking 644 spaces
(ADA spaces incorporated into total)
Total Provided Parking 855 spaces
(ADA spaces incorporated into total)
Lighting | Screening | Performance Standards
Lighting
Photometric Plan: No photometric plan was provided as the
four proposed light fixtures would all be located within the
interior courtyard of the north building
Lighting Fixture Count: 4 wall-pack style fixtures mounted at
the height of the existing building rooftop—per staff report,
fixtures shall be mounted below existing rooftop to avoid
light spray
Per City Code, lighting is to be down-cast, with cut-off
style fixtures. The proposed lighting would be LED
and possess a flat lens.
Screening
Roof-mounted equipment (visible from public right-of-way).
Proposed roof-mounted equipment would be
screened by the proposed metal louver screen walls
Performance Standards
The Subject Property is zoned I1 (Industrial Park) District and
is subject to Section 35-413 (Special Requirements in I-1 and
I-2 Districts) of the City’s Zoning Ordinance.
Requires compliance with certain standards of
operation, including, but not limited to: explosives,
adherence to maximum noise (decibels), vibration,
waste, and outdoor storage.
Source: BWBR
Landscaping
No landscaping plan was provided as part of the submittal for the proposed 13,427-square foot dry room
addition.
The City notes under Section 35-230 (Plan Approval) of the Zoning Ordinance that, “concurrent with filing
application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning
Commission” certain documents and information. This includes an, “accurately scaled and dimensioned site
plan indicating parking layout including provisions, designation of locations of possible accessory buildings;
landscaping, including trees and shrubbery within indication of species, planting, size and location.”
A landscape inventory was submitted as part of an application for an addition in 2001. Based on a review, it
was determined that a minimum 1,088 points was required to meet the Landscape Point System Policy
minimums:
95 deciduous trees
22 coniferous trees
12 shrubs_________
129 trees and shrubs (total)
Staff Requests
•Installation of a replacement tree
for proposed tree removal
•Applicant shall provide an updated
landscaping inventory that verifies
compliance with Landscape Point
System Policy
•Any missing trees or shrubs are
to be replaced
Staff Reviews
Assistant City Engineer
Applicant shall comply with the comments and conditions as noted in the memorandum dated April 4, 2018
(Exhibit B).
Fire Inspector
Per plans received, “the existing building is sprinklered and the addition will be sprinklered throughout.”
National Fire Protection Association (NFPA) 13 (Standard for the Installation of Sprinkler Systems),
An ‘alternative means and methods form of fire suppression’ not using water is required at spaces containing
lithium due to lithium being a water reactive hazard.
As proposed, a “hand held alternative fire suppression is to be used at dry rooms which do contain exposed lithium.
The existing dry room uses the hand held alternative fire suppression and the proposed alternative fire suppression
system for the new dry room will be submitted to the City for review and approval.”
The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code
and Building Code requirements.
Recommendation
Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolution regarding
the recommended disposition of Planning Application No. 2018-004 submitted by Stephanie Alstead (BWBR) on behalf of
Medtronic, Inc. for the approval of:
1.A site and building plan to construct a 13,427-square foot “dry room” addition within the interior
courtyard of the Medtronic north building located at 6800 Shingle Creek Parkway.
Approval of the request is subject to the Applicant complying with the Site and Building Plan Approval
Conditions as outlined in the Planning Commission Report dated April 12, 2018.
Neal Thao (Noble Academy) | Nompeng Academy
Item 6.b
REQUEST:
(1)Site Plan
Planning Commission Meeting of 04/12/2018
Background & Request
Applicant is requesting approval of:
(1) a Site Plan to allow for an expansion to the existing
parking lot and the addition of a bus-only driveway and
parking area for 6201 Noble Avenue North
This request is associated with Applicant’s plans to open
Nompeng Academy in the fall of 2018
School would serve students aged kindergarten through
eighth grade
Nompeng Academy would be the second Noble
Academy School
Existing Noble Academy (Brooklyn Park)
has 1,000 students and a waiting list for
200 students
The site is the location of the former Odyssey School
which closed in 2017 after 19 years
Property is zoned R1 (One Family Residence District)
Existing school was constructed in 1965 as the Orchard Lane
Elementary School
School is approximately 54,800-square feet in size and one story
in height Source: Google Maps
Background & Request (Cont.)
Per Section 35-310,
“Public and private elementary and secondary schools offering a
regular course of study accredited by the Minnesota Department of
Education” are allowed by special use permit in the R1 (One Family
Residence) District.”
City was unable to determine through historical records if property
was ever originally approved with a special use permit to operate the
school
In 1993, PC Application No. 93-017 was reviewed and approved
for a small addition to the school, as well as an expansion to the
parking area. As part of the application, a special use permit was
issued “ex post facto” for the school use.
Source: Google Maps
Access and Parking
Access
Existing access points off Noble Avenue North
would remain
A third curb cut would be installed to allow
for bus-only egress via a new driveway
along the back of the school
This is safety related and intended to allow
students direct access to bus from back of
school, rather than crossing parking lot
Parking
Note: There is no established parking formula for
schools under the City Zoning Ordinance.
Currently: 69 parking spaces
Proposed: 49 new parking spaces + 12 bus bays
Assuming a max student population of 530
students and 100% bus transportation, a
minimum of 8-10 bus spaces would be needed
Applicant is providing sufficient ADA parking per
2015 Minnesota Accessibility Code requirements
(5 spaces for between 101-150 parking spaces)
Access and Parking: Recommendations
Lighting | Trash | Screening
Lighting
Photometric Plan: Complies with maximum foot candles allowed along residential properties (0.27 fc on average)
Lighting Fixture Count (27):
NEW: 13 wall-pack style lights on all four sides of school
NEW: 4 24-foot high poles along front of school
NEW: 9 24-foot high light poles along perimeter of main parking lot and bus driveway
EXISTING: 1 30-foot high light pole near church and 63rd Avenue North (no cutoff lens).
Per City Code, lighting is to be down-cast, with cut-off style fixtures. The proposed lighting would be LED with cutoff lenses.
Trash and Screening
20-foot by 13-foot trash enclosure—to be located 75 feet west of school building
Trash enclosure is to be fully screened with materials complementary to building
Landscaping
A Landscape Plan was submitted, however, no planting schedule was provided.
The City has no specific requirements on landscaping types and species—operates under use of Landscape Point System Policy
Schools are not specifically outlined as a “use” under the Landscape Point System Policy
Staff reviewed whether adequate screening would be provided for the parking areas per Section 35-711 (Parking Lot Screening),
which notes that,
“such off-street parking and loading areas within any yards which abut along a street which is residentially zoned on the side
opposite shall be screened from street view by a screening device as approved by the City Council.”
An irrigation system is required—per Landscape Plan, “underground irrigation is provided.”
Staff Requests
•Installation of screening trees
or shr ubs along parking area
facing Noble Avenue North,
bus-only driveway, and main
parking area
Staff Reviews
Assistant City Engineer
Applicant shall comply with the comments and conditions as noted in the memorandum dated April 4, 2018
(Exhibit D).
As referenced, the Applicant, as part of their review, provided a copy of their completed site Stormwater
Management Plan (Exhibit E).
As the proposed parking lot expansion would encroach into an existing floodplain (Flood Zone A), an additional
memo was provided to offer justification that the parking lot expansion would not have an impact on the
floodplain.
Per Section 35-2100 (Floodplain Management), permitted uses within the General Floodplain District, which
includes Flood Zone A, include both “residential lawns, gardens, parking areas, and play areas,” and
“industrial-commercial loading areas, parking areas, and airport landing strips.”
Fire Inspector
The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any site
plan approval. This includes, but is not limited to, the minimum turn radius necessary for emergency vehicle/fire truck
access.
The Applicant shall work with the Fire Inspector and Building Official to ensure all aspects of the site meet Fire Code
and Building Code requirements.
Recommendation
Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolution regarding
the recommended disposition of Planning Application No. 2018-005 submitted by Neal Thao (Noble Academy) for the
approval of:
1.A site plan to expand a parking area and construct a bus-only driveway at the property located at 6201
Noble Avenue North
Approval of the request is subject to the Applicant complying with the Site Plan and Documents Approval
Conditions as outlined in the Planning Commission Report dated April 12, 2018.
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
DATE: April 26, 2018
TO: Chair Randall Christensen and Planning Commissioners
FROM: Ginny McIntosh, City Planner and Zoning Administrator
SUBJECT: Resolution Regarding the Use of Certain Exterior Materials in the Renovation of the
Former Kohl’s Building (2501 County Road 10)
Recommendation: It is recommended that the Planning Commission, following consideration of this item, adopt the
resolution regarding the approved use of certain exterior materials in the renovation of the former
Kohl’s building, located at 2501 County Road 10. Approval is subject to the Applicant/Property
Owner complying with the conditions outlined in the attached draft Planning Commission resolution.
Background: On February 13, 2017, the City Council approved Resolution No. 2017-25 (Resolution Regarding the
Disposition of Planning Commission Application No. 2017-001 Submitted by HOM Furniture Inc.
and Gatlin Development Company for Planned Unit Development Amendment NO. 8 to the 2011
Shingle Creek Crossing Planned Unit Development and Site and Building Plan for HOM Furniture
Store (Located at 2501 County Road 10)), which granted certain allowances in the re-development of
the former Kohl’s building. This included the allowance for a two-story, approximately 24,000-
square foot addition to the building, as well as an allowance for a reduced amount of Class I
materials on the north elevation (face).
The Subject Property is located within the Shingle Creek Crossing Planned Unit Development
(PUD). As such, properties within the PUD are required to achieve certain minimum exterior
building material ratios. In the case of the Subject Property, the Guidelines require that a minimum of
50-percent Class I and 50-percent Class II ratio be achieved on each face of the building, with the
exception of the north face. Under City Council Resolution No. 2017-25, the Applicant was granted a
reduction in the minimum required amount of Class I building materials on the north face of the
former Kohls’ building and the east and west elevations of the warehouse portion on the north face of
the former Kohls’ building. All other elevations were required to achieve the minimum ratio of Class
I and Class II building materials as outlined in the Guidelines.
Following conversations with the Applicant’s Architect (Archnet), it was determined that the south
elevation was deficient by 13 percent, per architectural renderings dated February 26, 2018
(attached). This is due to the Developer’s utilization of an exterior, panelized fiber cement cladding
system called Nichiha, which is considered Class II under the Shingle Creek Crossing Architectural
Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and
recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its
convenient location and commitment to a healthy environment
Design Guidelines. These fiber cement panels are manufactured from a pressed, stamped, and
autoclaved mix of Portland cement, fly ash, silica, recycled rejects, and wood fiber bundles, and are
installed through utilization of a clip system.
Although the Class I and Class II type building materials are clearly outlined in the Shingle Creek
Crossing Architectural Design Guidelines, the Planning Commission and City Council retain the
authority under the Guidelines to determine what constitutes Class I material for the purposes of
projects constructed within the Shingle Creek Crossing PUD.
It is for this reason that the Applicant has requested that Nichiha, in the percentages identified in the
plans dated February 26, 2018, be considered as functionally equivalent to a Class I material due to
its appearance and overall durability. Approval of this request would not constitute an overall,
blanket approval of fiber cement products as Class I within the City. Rather, it would allow the
Applicant to meet their minimum exterior building material ratios for the project as defined under the
Guidelines, and allow for the use of a newer building material product.
Attached for your review are copies of the architectural renderings dated February 26, 2018, and a
copy of the draft Planning Commission Resolution regarding the use of Nichiha as an exterior
material in the renovation of the former Kohl’s building (located at 2501 County Road 10).
Commissioner introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2018-007
RESOLUTION REGARDING THE USE OF CERTAIN EXTERIOR
MATERIALS IN THE RENOVATION OF THE FORMER KOHL’S
BUILDING (2501 COUNTY ROAD 10)
WHEREAS, on February 13, 2017 the City Council adopted Resolution No.
2017-25 (“Approval Resolution”), approving an amendment to the 2011 Shingle Creek Crossing
Planned Unit Development to facilitate the renovation of the approximately 75,000 square foot
former Kohl’s building and construction of an approximately 24,000 square foot addition
(collectively, the “Project”) on the property located at 2501 County Road 10, Brooklyn Center
(“Subject Property”); and
WHEREAS, in constructing the Project, KKMBA Brooklyn Center LLC
(“Developer”) is required to achieve the use of at least 50-percent Class I and a remaining 50-
percent Class II building materials on each face of the building, with the exception of the north
face of the former Kohl’s building and the east and west elevations of the warehouse portion
located on the north face of the former Kohl’s building as approved by the City Council in the
Approval Resolution; and
WHEREAS, the requirements related to the class of materials used for the Project
is consistent with the Architectural Design Guidelines (“Guidelines”) adopted for the Shingle
Creek Crossing PUD; and
WHEREAS, the Developer proposes to use a fiber-cement product (Nichiha)
(“Alternative Material”) on a portion of the building exterior that technically does not constitute
a Class I material, but the appearance and durability of the Alternative Material appears to be
functionally equivalent to a Class I material; and
WHEREAS, the Planning Commission and City Council retain the authority
under the Guidelines to determine what constitutes a Class I material for the purposes of projects
constructed within the Shingle Creek Crossing PUD area; and
AND WHEREAS, the Planning Commission considered the proposed use of the
Alternative Material as a Class I material at its meeting held on April 26, 2018 and acted to
recommend the City Council approve the Alternative Material to qualify as a Class I material for
the purpose of the Project.
BE IT FURTHER RESOLVED that the Planning Commission of the City of
Brooklyn Center, Minnesota, does hereby recommend to the City Council that the Alternative
Material for the Project located at 2501 County Road 10 be approved subject to the following
conditions and considerations:
PC RESOLUTION NO. 2018-007
2
1. The specific Alternative Material proposed by the Developer for the Project, in the
percentages identified in the plans dated February 26, 2018, is hereby approved as
constituting as Class I material for the purposes of calculating the amount of Class I
exterior materials required under the Guidelines for construction of the Project in
accordance with the Approval Resolution.
2. This approval is limited to this Project and does not constitute a general approval of fiber-
cement siding products as Class I materials in the City.
April 26, 2018
Date Randall Christensen, Chair
ATTEST:
Ginny McIntosh, Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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Commissioner introduced the following resolution and moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2018-006
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2018-005 SUBMITTED BY
NEAL THAO OF NOBLE ACADEMY REQUESTING SITE PLAN
APPROVAL FOR A PARKING LOT AND DRIVEWAY EXPANSION
(LOCATED AT 6201 NOBLE AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2018-005 was submitted by
Neal Thao of Noble Academy requesting consideration of Site Plan approval for a proposed
expansion to the parking lot and driveway areas at the subject property located at 6201 Noble
Avenue North; and
WHEREAS, on April 12, 2018, the Planning Commission received and reviewed a
planning report and Assistant City Engineer’s memorandum on the proposed Site Plan for the
proposed parking lot and driveway expansion; and
WHEREAS, in utilizing the guidelines and standards for evaluating site and
building plans, as contained in Section 35-230 (Plan Approval) of the City’s Zoning Ordinance,
along with consideration of the goals and objectives of the City’s Comprehensive Plan, the
Planning Commission considers this Site Plan an appropriate and reasonable improvement to the
subject property.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Brooklyn Center, Minnesota, hereby recommends to the City Council that the Site Plan for
the proposed parking lot and driveway expansions, to be located at 6201 Noble Avenue North, as
comprehended under Planning Commission Application No. 2018-004, may be approved based on
the following considerations:
A. The Site Plan is compatible with the standards, purposes and intent of the
City’s Zoning Ordinance;
B. The improvements and utilization of the property as proposed under the
planned improvements to this site is considered a reasonable use of the
property and will conform with ordinance standards;
C. The Site Plan proposal is considered consistent with the recommendations
of the City’s Comprehensive Plan for this area of the city as it is designated
for a school use;
D. The Site Plan proposal appears to be a good long range use of the existing
site and the proposed parking lot and driveway expansion improvements
can be considered an asset to the community; and
E. Based upon the above considerations, it is believed that the guidelines for
evaluating and approving a Site Plan, as contained in Section 35-230 (Plan
PC RESOLUTION NO. 2018-006
Approval) of the City’s Zoning Ordinance, are met and the site plan
proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED that the Planning Commission of the City of
Brooklyn Center, Minnesota, does hereby recommend to the City Council that Planning
Commission Application No. 2018-005 for the property located at 6201 Noble Avenue North be
approved subject to the following conditions and considerations:
1. Building and Site Plan and Review: The building plans are subject to review
and approval by the Building Official with respect to applicable codes prior to the
issuance of permits; and the final location or placement of any fire hydrants and
other fire related building code items shall be reviewed and approved by the Fire
Inspector.
a. Any major changes or modifications made to this Site Plan can
only be made by an amendment to the approved Site Plan as
approved by the City Council. Per a review of the submitted plans,
staff is recommending that the following changes be incorporated
as part of site plan approval and under the building permit process:
i. The proposed bus-only driveway and driveway apron shall
be relocated away from the property line and residential
property to the north.
ii. The proposed three (3) space hammerhead is to be
removed.
iii. The proposed one-way drop off along Noble Avenue North
shall be re-directed and the angled parking spaces shall be
changed accordingly. Should the three parking spaces
proposed at the hammerhead be necessary, these spaces
may be shifted to the angled parking along Noble Avenue
North.
iv. The bus-only driveway shall be re-configured and one 90-
degree bus parking space removed in order to meet the
minimum fire apparatus access road requirements of the
City’s Fire Code.
b. A pre-construction conference shall be held with City staff and
other entities designated by the City prior to issuance of a Building
Permit/Land Disturbance (Alteration) Permit.
2. Agreements:
a. The owner of the property shall enter into a utility, facilities, and
easement agreement for maintenance and inspection of utility and
storm drainage systems as approved by the City Engineer prior to
the issuance of permits.
PC RESOLUTION NO. 2018-006
b. The Developer shall execute a separate Performance Agreement
with supporting financial guarantee approved by the City, which
ensures the Subject Property will be constructed, developed, and
maintained in conformance with the plans, specifications and
standards comprehended under this Site Plan.
c. The Developer shall submit an as-built survey of the property,
improvements and utility service lines prior to release of the
performance guarantee.
3. Engineering Review: The Applicant agrees to comply with all conditions or
provisions noted in the City Engineer’s Review memo, dated April 4, 2018
(Exhibit D).
a. A City land disturbance (alteration) permit is required.
b. Final grading, drainage, utility and erosion control plans and any
other site engineering related issues are subject to review and
approval by the City Engineer prior to the issuance of permits.
4. Construction Standards:
a. Appropriate erosion and sediment control devices shall be provided
on site during construction as approved by the City’s Engineering
Department.
b. The Applicant shall obtain an NPDES construction site erosion
permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
c. All work performed and materials used for construction of utilities
shall conform to the City of Brooklyn Center Standard
Specifications and Details.
5. Facilities and Equipment:
a. Any outside trash disposal facilities and roof top or on ground
mechanical equipment shall be appropriately screened from view
per City requirements.
b. The proposed 20-foot by 13-foot trash enclosure shall be
constructed with building materials that are complementary to the
principal building (school building) and fully screen all waste and
recycling containers.
6. Landscaping: All landscaped areas, including street boulevards, shall include
approved irrigation systems to facilitate site maintenance.
a. The Applicant shall provide a revised landscape plan that will
provide screening along parking areas (i.e. front parking lot along
Noble Avenue North, main parking area, and bus driveway/parking
PC RESOLUTION NO. 2018-006
as part of any Building Permit/Land Disturbance (Alteration)
approval.
b. Per City requirements, an irrigation system is required.
c. The contractor shall submit irrigation shop drawings for review
and approval prior to installation.
7. Signage: Signage for the Subject Property is subject to the Chapter 34 (Sign
Ordinance) and the approved special use permit provisions for the dynamic
messages sign along Noble Avenue North.
April 12, 2018
Date Randall Christensen, Chair
ATTEST:
Ginny McIntosh, Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.