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HomeMy WebLinkAbout2018 06-28 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER June 28, 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 June 28, 2018 4. Approval of Minutes a. Motion to Approve the June 14, 2018, Regular Session Meeting Minutes b. Motion to Approve the June 14, 2018, Work Session 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. Planning Commission Application No. 2018-010 Applicant: Linda McGinty (the Luther Company, LLLP) Project Address: 5900 Shingle Creek Parkway Summary: City Council adopted an ordinance to amend Chapter 35 to establish new Section 35-420 to allow for automobile dealership off-site storage as an Interim Use in the I-1, I-2, and C-2 Zoning Districts and under certain conditions at their meeting on June 25, 2018. The Applicant is requesting approval of an Interim Use Permit that would allow the Luther Company to store new vehicles at 5900 Shingle Creek Parkway, which is owned by the City of Brooklyn Center EDA. These vehicles would be for sale at their respective Brooklyn Center Luther dealerships. This request would be for a period of up to two years, with a possible one year extension. b. Planning Commission Application No. 2018-011 Applicant: Lux Apartments, LLC Project Address: 6100 Summit Drive North Summary: The Applicant is proposing to convert the former Earle Brown Terrace senior living facility into market rate apartments. The proposal includes interior and exterior site and building improvements, the construction of additional off-street parking stalls, wall signage, and the addition of three units for a total of 143 units. The proposal necessitates certain amendments to the PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER June 28, 2018 Regular Session existing PUD related to off-street parking and site requirements, as well as allowances for wall signage. 7. Discussion Items a. Earle Brown Community Market (June 23, 2018) b. City Council Meeting Planning Commission Item Update (June 25, 2018) c. Joint City Council-Planning Commission Meeting (July 9, 2018) 8. Other Business a. Planning Commissioner Learning Opportunities 9. Adjournment PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER June 28, 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) PC Minutes 06-14-18 -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 REGULAR SESSION JUNE 14, 2018 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Abraham Rizvi was absent and unexcused. City Planner and Zoning Administrator Ginny McIntosh, and Carla Wirth, TimeSaver Off Site Secretarial, Inc., were also present. 3. APPROVAL OF REGULAR MEETING AGENDA – JUNE 14, 2018 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve the agenda for the June 14, 2018 meeting as submitted. The motion passed unanimously. 4. APPROVAL OF MINUTES 4a) APPROVAL OF MINUTES – MAY 31, 2018 REGULAR SESSION MEETING There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve the May 31, 2018 Regular Session Meeting Minutes as submitted. The motion passed unanimously. 4b) APPROVAL OF MINUTES – MAY 31, 2018 WORK SESSION MEETING There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to approve the May 31, 2018 Work Session Meeting Minutes 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. PC Minutes 06-14-18 -2- DRAFT 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2018-009 APPLICANT: NEAL THAO (NOBLE ACADEMY) ADDRESS: 6201 NOBLE AVENUE NORTH (PID: 33-119-21-44-0003) Chair Christensen introduced Application No. 2018-009, consideration of a revised plan to construct a one-way, bus-only driveway to 63rd Avenue North, rather than Noble Avenue North, and located at 6201 Noble Avenue North. (See Planning Commission Reports dated 06-14-2018 for Application No. 2018-009). City Planner and Zoning Administrator Ginny McIntosh introduced the item, reviewed the background, and presented the request. She noted that at the meeting on April 12, 2018, the Planning Commission recommended approval of a site plan for the expansion of an existing parking lot, construction of a bus-only driveway to Noble Avenue North, and other associated site improvements. On April 23, 2018, the City Council approved Resolution No. 2018-94. Ms. McIntosh explained that the applicant has since elected to relocate a portion of the proposed bus- only driveway from Noble Avenue North to 63rd Avenue North. The Applicant is requesting approval of a revised plan to construct a one-way, bus-only driveway to 63rd Avenue North, rather than Noble Avenue North. The already approved plan to expand the parking area, install a dry pond, bio infiltration basin, and construct the bus driveway up to the north end of the school building would not change. Ms. McIntosh stated this property has been used as a school since 1965, however, closed in 2017. As proposed, the school would re-open as a Kindergarten through 8th grade charter school this fall. She described the two access points off Noble Avenue North that will remain and explained that when approved in April, the Applicant proposed that buses exit on Noble through a bus-only driveway. Since then, and given conditions outlined by City staff relating to the close proximity of the then-proposed bus driveway to Noble Avenue North from the existing northern curb cut along Noble Avenue North, the school decided to have buses go north and exit on 63rd Avenue North. Ms. McIntosh stated the site will have 41 parking spaces and 12 bus spaces so there are no additional changes to the parking areas since the April consideration. Assuming 530 students, at maximum, and with the assumption that 100 percent of the students are bused to the school, the school would need a minimum of 8 to10 bus spaces to drop off and pick up students. Ms. McIntosh stated lighting requirements will be met and additional light poles will be placed along the bus driveway. The trash enclosure is to the west of the school and not changing since the initial site plan approval in April. With landscaping, a planting schedule was not provided and the City has no specific requirements on landscaping types and species. However, screening along Noble Avenue, the bus driveway, and expanded parking areas was requested outlined as a condition as part of the approval in April. Ms. McIntosh referenced the City Engineer’s review comments as contained in a memorandum dated June 11, 2018. She pointed out the location of a floodplain to the south of the property (Flood Zone A) and explained that parking areas are allowed in that type of flood plain. PC Minutes 06-14-18 -3- DRAFT Ms. McIntosh stated the proposed bus-only driveway will be required to meet the 2015 Minnesota Fire Code provisions and under the revised proposal, the minimum 20-foot wide fire access road will be met. Ms. McIntosh stated Planning staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2018-009, which requests approval of a partially revised site plan to construct a one-way, bus-only driveway to 63rd Avenue North, rather than Noble Avenue North, subject to the conditions noted in the Planning Staff report and also similar in the Resolution. Under the conditions, and unless otherwise noted, all approvals from April remain enforce. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Chair Christensen asked about lighting. Ms. McIntosh used a site plan to point out the existing lighting and stated the school will add additional light poles along the bus drive lane that will meet City specifications, including the use of LED fixtures with a flat lens and shields. Commissioner Tade asked whether this lighting plan was proposed in April. Ms. McIntosh stated some additional lighting was added along the partially relocated bus driveway to 63rd Avenue to offer additional lighting. Commissioner MacMillan asked how many travel lanes are on 63rd Avenue. Ms. McIntosh stated there is one lane in each direction and the bus drive lane would align with Orchard Lane to the north. Chair Christensen asked about the City Engineer’s comments on egress to 63rd Avenue North, noting a curb cut is not shown. Ms. McIntosh displayed the circulation plans, noting how the bus drive lane aligns with Orchard Lane to the north. She also displayed plans depicting the turning radius for the bus, as well as left and right turning movements onto 63rd Avenue North. She explained the current circulation pattern will remain now that the bus lane has been relocated. Commissioner Koenig asked if the reason for the revision is to increase safety. Ms. McIntosh answered in the affirmative and explained how students were picked up in the past at the front pick up and drop off area to the north. Ms. McIntosh calculated that, assuming a parking space of approximately 50 feet in length, per the plans submitted, approximately six or seven buses would be able to park at a time. Under the previous plans, City staff had requested that the circulation of the drop off area along Noble Avenue North be relocated to minimize the potential for backups between the existing northern curb cut and the then proposed bus driveway off Noble Avenue North. Kari Dahlin, 6208 Perry Avenue North, stated she is a resident and able to answer that question. Chair Christensen gave Ms. Dahlin the floor to respond. Ms. Dahlin described the location of her house, which was built by her father. She stated she grew up in this house and attended to Orchard Lane for eight years. Ms. Dahlin stated she just PC Minutes 06-14-18 -4- DRAFT learned about the bus lane yesterday and understands the purported rationale for the new location is that Nompeng Academy will have more students than Odyssey Academy. She noted this school was built as a neighborhood walking school, not a bussing school, but since there will be more students; the school will need more buses. Ms. Dahlin stated she has now heard of a purported safety concern, which she would like to address. She noted that from 1982 to 1986, every classroom was full and robust. Chair Christensen asked Ms. Dahlin to answer the question about how buses used to be routed. Ms. Dahlin stated the buses came in from Noble Avenue, pulled up to the school in the drop off area along Noble Avenue, and took a left out to return to 63rd Avenue North. Ms. McIntosh clarified that Odyssey Academy used this site for 19 years and before that it was Orchard Lane. Commissioner Koenig asked if the anticipated enrollment will be larger than in years past. Ms. McIntosh stated she does not know the prior occupancy but it cannot exceed that permitted under the Building and Fire Codes. She explained there is no minimum parking requirement for school uses as it is typically interpreted to go off the number of teachers and staff at the school, not parents. Chair Christensen stated he remembers there being a lack of parking during school events. Ms. McIntosh reviewed areas of the site plan that are remaining the same as approved in April and the change in the direction of the bus lane to go straight out to 63rd Avenue North instead of turning east and exiting on Noble Avenue. She clarified there is no net change in the number of parking spaces since approved in April. Commissioner Koenig stated in theory, it was discussed not using 63rd Avenue North because of the heavy traffic but the buses end up on 63rd Avenue anyway even if exiting onto Noble Avenue. Chair Christensen asked if there is need for a new traffic study on 63rd Avenue North. Ms. McIntosh stated the buses would route to 63rd Avenue North either way as Noble dead ends to the south. Jeff Prasch, representative of the Applicant and engineer, stated the main concern is the safety of children dropped off by parents at the front of the school. He noted the April recommendation was to reverse traffic circulation in the current loading zone. That meant the students had to exit the passenger side and walk in front of the cars to get to the school entrance. The school is concerned about student safety and are now requesting that buses exit on 63rd Avenue instead so the traffic circulation in the current loading zone can remain. Chair Christensen asked if the buses would turn around and exit the other way. Mr. Prasch stated they would not. A gate will be installed and a Do No Enter sign posted as the driveway is for buses only and a one-way exit. PC Minutes 06-14-18 -5- DRAFT Ms. McIntosh stated that information is contained in an exhibit and if not used for morning drop off or afternoon pickup, the gates to the driveway would be closed. Chair Christensen asked about the signage. Mr. Prasch stated it will be a Do Not Enter sign. Chair Christensen asked about the other entrance on the same side of 63rd Avenue N. Mr. Prasch stated the entrance on the south side is for the church, noting the bus drive lane does not go against the residential properties. It goes against the church property. He estimated the distances between entrances, noting the zoning ordinance requires commercial entrances to be 50 feet from each other. Ms. McIntosh clarified that is for commercial uses and in this case, the access will be approximately 50 feet from the church, about 90 feet from the rear yards of residential properties along Noble Avenue. The distance would be greater for residences along Perry Avenue North. Sandy Klemond, 6124 Perry Avenue, asked if the bus lane is behind the homes on Perry Avenue. Ms. McIntosh estimated it will be a couple hundred feet from those property lines. Chair Christensen asked if there is screening along the church property line. Ms. McIntosh stated there is currently no fence or screening. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2018-009 Chair Christensen stated he wants to be respectful of the residents in attendance even though tonight is not a public hearing. Ms. McIntosh explained it would be public comment as a public hearing was not published for tonight. Chair Christensen recognized residents in the audience who wished to speak on this matter and called for comments from the public. Sandy Klemond, 5124 Perry Avenue North, stated she is the last house next to the parking lot, which she is not pleased about. She stated they are working on the site today and it does not look like the plans just presented because they have placed large boulders in a circle on the far side of the basketball court. Ms. McIntosh stated that is for the proposed dry pond and landscaping. Ms. Klemond stated it looks like it’s on the parking lot. Ms. McIntosh used a site plan to point out the location of the dry pond. Ms. Klemond stated that is next to her property. Ms. Klemond stated she objects to the 13 light poles with LED lights, noting the buses will be there during the day when lighting is not needed. Ms. McIntosh clarified that the 13 light fixtures are wall-packs on the building. Chair Christensen stated the school year is during many fall and winter months when it gets darker earlier in the day. PC Minutes 06-14-18 -6- DRAFT Ms. Klemond stated the original Perry Avenue homeowners have been there since 1974, this site has operated as a school since 1965, and those new lights have not been needed. Regarding the lighting, Ms. McIntosh stated the existing lights will be updated and the only new light poles are to light the bus drive lane. Ms. Klemond stated the school came to them and asked for permission and residents received notices to put up an illuminated message board sign on the property but with this request, residents didn’t know about it until last night. Ms. McIntosh explained this is a site plan approval, which does not require public notice. Additionally, as plan approvals are typically only triggered through the alteration or construction of a building, a site plan approval typically would not have required approval from the Planning Commission or City Council. City staff worked with the City Attorney and made a determination that, due to approval of a site plan back in 1993, and given the proposed large area of disturbance, that a formal site plan approval could be requested. She noted that illuminated message board signs for public uses in the residential district require a Special Use Permit and therefore requires a public hearing, which is why notices would have been mailed to neighboring property owners. Ms. Klemond stated she thinks the lighting and bus drive lane behind her house will negatively impact her home values. Commissioner Koenig asked what is her principal concern, light or additional traffic. Ms. Klemond stated all of the above because last year, the school parked all of the buses behind her house and there was constant backup beeping, which drove them crazy. Now the buses will go down a road behind their house and the parking lot is being expanded. In addition, she feels what is occurring on the site today is not what is being shown at the meeting. Ms. Klemond stated during the repaving on Noble, buses came down Perry Avenue and dropped off students at the sidewalk. Teachers also parked on Perry Avenue in front of their house. Ms. McIntosh stated that this was either due to the temporary construction on Noble Avenue, where the main entrances are located, or also might indicate that the school site needs additional parking. Ms. Klemond stated that occurred while the paving project was going on. She noted the pathway from Perry Avenue to the school has now been torn up but it was used by students, walkers, and bicyclists. Ms. McIntosh stated that sidewalk used to be at an angle and will be re- installed to align with the edge of the parking lot. It will generally be in the same location. Ms. Klemond asked where the parking lot will be. Ms. McIntosh used a diagram to show where the parking lot will extend a little more and the dry pond for stormwater management will be located. Ms. Klemond stated when there is a heavy rain, it settles in the area behind their house but the boulder circle is located to the south of their back yard. Ed Stec, JB Vang Construction, stated they took out the playground equipment and that area will be a community garden for the students. Ms. McIntosh stated that may be what the ring of boulders is for. PC Minutes 06-14-18 -7- DRAFT Ms. McIntosh used a site plan to point out an area of the existing parking lot that will now be striped to create additional parking. She explained those areas were approved in April and the consideration tonight is the area highlighted in green on the slide being displayed. The light poles to the south are existing and will be replaced with new fixtures. She stated the City requires lights to be flat lens and downcast. Mr. Prasch stated the light posts will be on the east side behind the sidewalk. They had conducted a lighting plan of lumens on the property lines to assure they meet the City’s requirements. Ms. McIntosh stated when against residential property there can be no more than 3-foot candles at the property line. With this lighting plan, the lighting will average .45-foot candles on the entire site and less than 1-foot candle at the property line. Ms. Klemond stated her impression that the Planning Commission has already made their decision regardless of the neighbor’s comments. Jerry Dahlin, 6208 Perry Avenue North, asked where the buses will be parked during the school day. Ms. McIntosh stated they will not be parked on the school property during the day. Chair Christensen stated the new plan will also limit the need for the buses to back up. Mr. Dahlin asked if the light posts can be located on the west side instead of the east side. Ms. McIntosh explained that would place the lights closer to residential homes. Mr. Dahlin mentioned the slope of the property that engineering plans will need to address. Mr. Prasch stated the light poles would have to be much taller to install them in the bioinfiltration basin. He noted there will be a retaining wall on the west side of the bus drive lane. Ms. Klemond asked what building material will be used for the retaining wall. Mr. Prasch stated it will be about three feet high and constructed of modular retaining block. Mr. Dahlin asked if the wall will be nice to look at. Mr. Prasch stated he does not know what color it will be. Ms. McIntosh stated the City assures those types of structures are to be complementary to the building. Commissioner Tade noted buses will not be parked at the school during the evening. Ms. McIntosh confirmed they will not be and stated a condition can be added to this consideration to assure they are not parked on the site in the evening. Chair Christensen noted buses may be at the site during the day if a school event is planned. Ms. McIntosh commented on the need for emergency vehicle access that will be addressed. Ms. Dahlin asked if the bus bays are actual structures. Ms. McIntosh stated they are not; it is just open parking in the lot. PC Minutes 06-14-18 -8- DRAFT Mr. Dahlin asked if they will see 8-12 buses out of their back yard. Chair Christensen stated it is just during drop off, pick up, or during a school event. Otherwise, buses should not be there. Ms. Dahlin asked what ordinance is being cited to justify the purported safety consideration. Ms. McIntosh explained it is not an City ordinance requirement for the school to not have children cross in front of traffic when dropped off. That is a school concern for the safety of their students. Chair Christensen explained when he referenced ordinances had changed, it did not relate to a safety concern. The safety consideration is more based on the school’s desire than the City’s position or ordinances with regard to this review. Ms. Dahlin stated then there is no specific ordinance relating to the safety of students. Ms. McIntosh stated children crossing a parking lot and exiting from the passenger door is a school concern. She explained that in April, when bus access was approved to Noble Avenue North, the school was told they would have to reverse the circulation pattern where students are dropped off. That meant students would have to walk across the loading and drop off area, rather than get out on the sidewalk side. With the current circulation, the student can exit the car directly onto the sidewalk. At the request of Ms. Dahlin, Chair Christensen again explained how students exited vehicles in the original site plan, and impact of reversing the direction of traffic circulation. Ms. Dahlin asked if the public was given the opportunity to provide input in April. Ms. McIntosh stated it was a site plan consideration so a public hearing is not required. Ms. Dahlin stated when she attended Orchard Lane, 100 percent of the students were bused and the school was at capacity. She stated she is beside herself that this occurred without the opportunity for public comment or input. Commissioner Schonning recalled a past discussion during the church’s sign application about vandalism occurring to cars parked at Odyssey Academy and they had requested additional lighting to stop that from occurring. He noted Odyssey Academy closed so now this property can either be used for this school or it will be vacant and abandoned. He explained the Planning Commission can only require so much depending on the City’s ordinances. Commissioner Schonning referred to the New Millennium Academy application, noting it is a similar charter school, ethnically-diverse, 100-percent bussed, and they needed a similar amount of bus parking spots. With that application, the Planning Commission had received the same type of resident comments so staff worked with New Millennium Academy to assure the timing of student pick up and drop off was cued so the buses could exit quickly. Commissioner Schonning stated now there are no concerns. Ms. Dahlin asked if the parking lot lights can go off by 6 p.m. during winter months or do residents have to be subjected to light. Ms. McIntosh stated she believes the DMS signage is on a timer until around 9 p.m., but would need to verify the time. PC Minutes 06-14-18 -9- DRAFT Chair Christensen asked if there is ability to put the parking lot lights on a timer, noting that is a consideration of the neighborhood he would support forwarding to the applicant. Mr. Prasch stated the existing lighting is left on and asked if this is just for the five to six lights on the bus drive lane. Chair Christensen stated he is concerned about someone stepping off the three-foot wall if there is not adequate lighting. Mr. Stec noted there are light packs on the buildings so there is some light but the drive lane lights could be on a dimmer or timer or shut off. He stated he will bring that option to Superintendent Thao. Mr. Dahlin stated that would be appreciated. Ms. Dahlin asked how they can stay informed. Ms. McIntosh stated she will be the main contact. Chair Christensen stated residents can also call the school. Ms. McIntosh recommended Superintendent Thao be contacted directly. Commissioner Koenig noted Ms. Klemond had made a comment that this was a done deal but he hopes residents feel that their concerns have been heard and addressed. He noted they are decade long residents but they also understand the needs of the school. Commissioner Koenig stated the parking lot lights will be addressed, the retaining wall is adequately buttressed, and the boulders are part of a garden for students and not against her property line. He stated their concerns are important to hear, they have been heard, and he thinks the applicant will take them into consideration. Mr. Dahlin stated it has been worthwhile for them to attend tonight and he appreciates that their concerns have been heard. Ms. Klemond asked when this construction will be finished. Ms. McIntosh stated by this fall before they open school. Mr. Stec confirmed that construction will be finished by September 1st. Ms. McIntosh stated construction activity cannot begin prior to 7 a.m. Chair Christensen thanked residents for attending tonight and providing input. Chair Christensen called for questions and comments from Commissioners. Commissioner Tade asked whether conditions should be added to require the parking lot light timers and restricting buses from parking overnight. Ms. McIntosh stated a restriction on overnight parking could be added but she does not know about the cost for light timers so that could be sorted out by the school but she could talk with them about it. Chair Christensen asked if the retaining wall materials should be identified in the conditions. Mr. Stec stated they will use decorative faced rock. PC Minutes 06-14-18 -10- DRAFT Commissioner Koenig supported adding a restriction against overnight parking and to assure the buses on site are only what is needed to meet the current need. Mr. Stec stated the school uses a contract bus service and there are no facilities on the school site to plug them in. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2018-009 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-009 SUBMITTED BY NEAL THAO (NOBLE ACADEMY) There was a motion by Commissioner Tade, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2018-009, as amended to add a restriction to not allow overnight parking, and to allow buses on site only to meet the current need for drop off, pick up, and other related school events. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 25, 2018 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. Ms. Klemond asked about the commercial vehicle currently parking at the school overnight. Ms. McIntosh recommended she call the City’s Code Enforcement Officer to address that violation. 7. DISCUSSION ITEMS 7a) EARLE BROWN DAYS FESTIVAL (JUNE 21-23, 2018) Ms. McIntosh announced that the Earle Brown Days Festival will be held June 21-21, 2018. She described the events scheduled, organization and city booths, and encouraged all to attend. There were no other Discussion Items. 8. OTHER BUSINESS - None 9. ADJOURNMENT There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:28 p.m. PC Minutes 06-14-18 -11- DRAFT _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair PC Minutes – Work Session 06-14-18 -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 WORK SESSION JUNE 14, 2018 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 8:33 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Abraham Rizvi was absent and unexcused. City Planner and Zoning Administrator Ginny McIntosh, Jennifer Haskamp of Swanson-Haskamp Consultants, and Carla Wirth of TimeSaver Off Site Secretarial, Inc., were also present. 3. 2040 COMPREHENSIVE PLAN PROCESS WITH JENNIFER HASKAMP OF SWANSON HASKAMP CONSULTING (SHC) Jennifer Haskamp of Swanson Haskamp Consultants (SHC) reviewed the topics previously presented, discussed, and feedback received and stated her next task is to create land use designations for redevelopment areas and a set of goals. She explained the community image goals were drafted based on the 2030 Plan to structure this discussion as they remain relevant. Community Image, Land Use & Redevelopment, and Housing are the three big sections currently being tackled. Ms. Haskamp presented goal statements (not strategy statements) for each, noting it includes a vision and a goal as well as a glossary that will be included in the Comprehensive Plan as an appendix. The glossary defines a goal and a strategy to create a common definition within the Comprehensive Plan so the reader will understand what it means in the context of the Comprehensive Plan. Ms. Haskamp read the definition of a goal as follows: A general statement of community aspirations and desired objectives indicating broad social economic or physical conditions to which the community officially agrees to try to achieve in various ways, one of which is the implementation of the Comprehensive Plan.” She then read the definition of a strategy as follows: An officially adopted course of action or position to implement the community goals. (To be developed and refined as Plan components are developed.) Ms. Haskamp noted these definitions are followed by a list of action words that are then defined and placed into three categories. She explained that goal statements are important to think about in context of money, which is not necessarily the exchange of dollars, but can be staff time, community investment, and/or the level of resources you are willing to dedicate. PC Minutes – Work Session 06-14-18 -2- DRAFT Ms. Haskamp referred to the handout chart that followed the list of action words, noting it is split into three categories: No commitment of financial investment, staff resources, and policy directives; May include financial investment, staff resources, and policy directives; and, Commitment to financial investment (if needed), staff resources and policy directives (meaning there is commitment today). Each of the three categories includes a list of action words that have a common definition and match one of the three commitment levels. Ms. Haskamp referred to the second handout that listed goal statements for Community Image, Land Use & Redevelopment, and Housing, noting each has action words in bold that are prioritized based on SWOT (Strengths, Weaknesses, Opportunities, Threats), feedback from the Planning Commissioners, and community input received during Holly Sunday. This is her interpretation based on what she has heard. As homework tasks, Ms. Haskamp asked the Planning Commissioners to review and think about the action words, level of value associated with each, read the goal statements, determine if they match, and ask whether the level of importance is correct. Ms. Haskamp read the 2040 draft community image goals and asked the Planning Commissioners, after their homework review, to write comments about anything that was missed, write a new community image goal, and jot down the level of importance assigned to it. Ms. Haskamp noted the 2030 community image goals are also listed on the handout; however, that Comprehensive Plan did not include a glossary of action words to determine the level of importance and commitment. Ms. Haskamp stated the next step will be to create a strategy statement for each of the goal statements to make sure that goal comes to fruition. She encouraged Commissioners to jot down their ideas while keeping in mind the definition of strategy. City Planner and Zoning Administrator Ginny McIntosh stated this topic will be considered again in two weeks, which will be their last meeting before the joint meeting with the City Council. Chair Christensen asked Ms. Haskamp to provide Community Image strategies from the 2030 Plan. Ms. Haskamp stated the 2030 Plan wasn’t exactly structured that way but she will provide the information that was included as well as one draft 2040 strategy for Community Image, Land Use & Redevelopment, and Housing. Ms. McIntosh asked Ms. Haskamp if she would like to receive the Commissioner’s homework feedback in advance of the next meeting date. Ms. Haskamp stated that would be very helpful. Chair Christensen asked staff to provide the two handouts in Microsoft Word format so the Commissioners can type in their comments. Ms. McIntosh stated she will do that. In response to Commissioner Koenig, Ms. Haskamp clarified that the action word ‘promote’ should be listed under the ‘commitment’ category. She reviewed the homework assignment to PC Minutes – Work Session 06-14-18 -3- DRAFT review the action words and the level of commitment, ask whether the goal statements are using the appropriate action word and correctly reflect the intent. If not, then the Commissioner can make an edit or comment. Following that exercise, strategies will be built around each of the goals. The goal statements will be presented at the joint session with the City Council. 4. ADJOURNMENT OF WORK SESSION There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to adjourn the Planning Commission Work Session meeting. The motion passed unanimously. The meeting adjourned at 9:09 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair ________________ App. No. 2018-010 PC 06/28/2018 Page 1 Planning Commission Report Meeting Date: June 28, 2018 Application No. 2018-010 Applicant: Linda McGinty (The Luther Company, LLLP) Location: 5900 Shingle Creek Parkway Request: Interim Use Permit for Off-Site Vehicle Storage INTRODUCTION Linda McGinty, on behalf of the Luther Company, LLLP (“the Applicant”) is requesting consideration and approval of plans that would allow for the issuance of an Interim Use Permit for a portion of the property located at 5900 Shingle Creek Parkway (“the Subject Property”). The Subject Property is currently vacant and considered part of the City’s “Opportunity Site,” and is under ownership by the City of Brooklyn Center Economic Development Authority (EDA). The Luther Company approached the City in February, stating that they had a need to store vehicles for a period of up to two years. The impetus for the storage is related to the construction of a new Mazda and Mitsubishi Dealership at 4435 68th Avenue North, which would displace the current storage capacity being used by their adjacent dealerships. This storage issue has resulted in the construction of the new dealership being delayed until a new storage location can be identified. At the March 26th City Council Work Session, staff brought forward a request from the Luther Company (the “Applicant”) to allow the short term storage of dealership vehicles off-site on the Subject Property. As off-site storage was not yet allowed under the Zoning Code, and in order to facilitate the allowance of temporary off-site storage, Staff proposed an Interim Use Permit process, which would allow off-site storage through issuance of an Interim Use Permit for a specific period of time. The City Council directed staff to draft language and conditions that would mitigate any negative impacts from the off- site storage, and bring a draft ordinance back to Council for review and consideration. At the April 9, 2018, City Council Work Session, staff brought a draft ordinance to the City Council for review. Council directed staff to bring the ordinance to the Planning Commission for review and consideration. Representatives from the Luther Company were present at the meeting to discuss their request in more detail. At their April 12, 2018, meeting, staff presented the draft ordinance and topic of discussion to the Planning Commission. The Commission provided input on the draft ordinance, and suggested revisions to address specific concerns related to screening, distance from residential property, limiting the number of vehicles to the specific needs of the auto dealerships located within the City, and the orderly placement of vehicles. The topics of signage, dealership staff presence on site, and the location of suitable sites were also discussed. Staff subsequently made revisions to the proposed ordinance language based on the Planning Commission’s input. On May 17, 2018, the Planning Commission considered the proposed ordinance • Application Filed: 05/22/2018 • Review Period (60-day) Deadline: 07/21/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-010 PC 06/28/2018 Page 2 amendment and conducted a public hearing on Planning Commission Application No. 2018-008, for approval of the proposed amendment to Chapter 35 of the City Code of Ordinances to establish a new Section 35-420 to allow automobile dealership off-site vehicle storage as an Interim Use in the I- 1, I-2, and C-2 Zoning Districts under certain conditions. The Planning Commission considered the proposed ordinance and reviewed the language contained therein as part of the public hearing process. The Planning Commission determined that the proposed language would adequately mitigate any potentially negative impacts that may be related to the allowance of temporary off-site storage of vehicles, and voted unanimously (6-0) in favor of the proposed ordinance. The proposed ordinance was brought to City Council for a first reading on May 29, 2018, and a second reading and public hearing was scheduled for June 25, 2018. Following a review of the proposed Interim Use Permit ordinance for the off-site storage of new vehicles, City Council voted unanimously (5-0) in favor of the ordinance amendment. No comments or objections were received prior to or during the meeting on June 25, 2018. Ordinance No. 2018-005, which was prepared as a means to regulate automobile dealership off-site vehicle storage in the short-term, was also adopted on May 29, 2018. This was in anticipation of the proposed amendment to Chapter 35 relating to the off-site storage of new vehicles by automobile dealerships (Exhibit A) and the length of time it takes for an ordinance to come into effect after its adoption. As part of the Interim Ordinance adoption, a short term lease agreement was also approved between the Economic Development Authority and the Applicant under EDA Resolution No. 2018-06 (Exhibit B), with the understanding that the Applicant (The Luther Company, LLLP) would be undergoing this process. Assuming the Applicant’s request to store vehicles off-site is approved, the City of Brooklyn Center Economic Development Authority would require a long term lease agreement to be in place. Requests for issuance of an Interim Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on June 14, 2018 (Exhibit C), and mail notices were sent to neighboring property owners. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Neighborhood: Central Current Zoning: C2 (Commerce) District Surrounding Zoning: North: C2 (Commerce) District East: C2 (Commerce) District South: PUD-C2 (Planned Unit Development-Commerce) District West: Open Space (Shingle Creek) |R5 (Multiple Family Residence) District Site Area: Approximately 23.2 acres—the Applicant would not utilize the entire site and ________________ App. No. 2018-010 PC 06/28/2018 Page 3 would be located away from Shingle Creek Parkway per the submitted site plan and previously approved short term lease agreement. INTERIM USE PERMIT | SITE PLAN REVIEW Image 1. Proposed Off-Site Vehicle Storage Site Layout (5900 Shingle Creek Parkway) The Applicant is requesting approval of an Interim Use Permit that would allow Luther to store new vehicles from their Brooklyn Center dealership locations off-site, as indicated above in Image 1 and attached (Exhibit D). According to the newly adopted Section 35-420 (Interim Use Permits) of the City’s Zoning Ordinance, “An application for an interim use permit for the off-site storage of vehicles shall be processed in accordance with Section 35-220 (Special Use Permits), except that the following additional standards shall also be considered; a. The proposed use must conform to the regulations of this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council imposes on the use.” Per the additional Standards of Interim Use Permits, an Interim Use Permit may be granted by the City Council after demonstration by evidence that all of the following standards are met (Exhibit E): ________________ App. No. 2018-010 PC 06/28/2018 Page 4 1. The proposed use must conform to the regulations of this Chapter. Per Chapter 35 (Zoning Ordinance), and per the requirements of the recently adopted Section 35-420 (Interim Use Permits), Interim Use Permits for off-site vehicle storage are only allowed in the I-1 (Industrial Park) District, I-2 (General Industry) District, and C-2 (Commerce) Districts, and cannot abut or sit directly across a city or county right-of-way from a residentially-zoned (R1 through R7) District. The Subject Property is zoned C-2 (Commerce) District. Although an R-5 (Multiple Family Residence) District property, Gateway Commons, is located to the west, the property is not directly located on Shingle Creek Parkway and is buffered by a section of linear open space along Shingle Creek. As proposed, the storage area would also be located away from Shingle Creek Parkway on a portion of the 23.2 acre Subject Property. As required in the application, the Applicant originally indicated that up to approximately 1,100 new vehicles could be stored on site, however, this figure is likely to be lower as the application was initially submitted with a site plan that reflected a larger site area than was approved by City Council as part of the short term lease agreement. As vehicles must be stored in an orderly fashion and in parking spaces, the total amount of vehicle storage would be limited. The Applicant would be restricted to transporting vehicles Monday through Saturday from 8 a.m. to 9 p.m., and would be limited to one access point (via John Martin Drive) per the lease agreement and submitted site plan, as noted above in Image 1. This access point would require use of a gate. All other potential interior access points to the leased area of the Subject Property would require installation of a barricade. This would be the responsibility of the Applicant. As proposed, the Applicant intends to install a six-foot high galvanized metal fence around the perimeter of the leased area of the Subject Property. 2. The date or event that will terminate the use can be identified with certainty. Per the Applicant, the requested use of the Subject Property, located at 5900 Shingle Creek Parkway, would be for a period of two years, with a possible one year extension. The short term lease agreement, which was approved on May 29, 2018, by the City of Brooklyn Center EDA, notes that a long-term lease for Luther’s continued use of the Subject Property (“Leased Premises”) would be required upon obtaining an Interim Use Permit for the off-site storage of vehicles. The short and long term lease agreements contain term clauses that outline the effective date under which the Interim Use Permit would commence and terminate. Provisions outlining the conditions under which a lease agreement can be terminated, rent payments, and use restrictions are also covered. The use restrictions specifically identify the Applicant’s compliance obligations, allowable access points to the Subject Property, security and lighting requirements, and the terms of site use. 3. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The City’s Economic Development Authority currently maintains ownership and control of the Subject Property site. Although the necessity of a long-term lease agreement is subject to approval of the requested Interim Use Permit for off-site vehicle storage, the short-term lease agreement notes that the Applicant would be responsible, at its own cost, for securing and lighting the Subject Property (“Leased Premises”). In addition, an Access, Security, and Lighting plan is to be submitted to the City and is subject to the review and approval of the Chief of ________________ App. No. 2018-010 PC 06/28/2018 Page 5 Police. Any lighting would need to meet the requirements of the Zoning Code and would therefore require review by the City Planner. The agreement further outlines that additional security measures may require implementation if so identified by the Chief of Police. In addition, provisions regarding maintenance and repair of the Subject Property note that the Applicant would be required to keep the Subject Property in a clean and orderly condition during the term of the lease, including the removal of any materials, debris, or refuse on the Subject Property. Any damage inflicted on the property by the Applicant would be the responsibility of the Applicant at its own cost. Improvements or additions to the Subject Property, other than those expressly outlined in the agreement, would require the written consent of the Brooklyn Center EDA. Any utility costs associated with the use of the Subject Property (e.g., lighting) would be the responsibility of the Applicant. As part of the agreements, the Applicant will also need to agree to maintain commercial general liability insurance during the entire term of the lease agreement. As the City of Brooklyn Center EDA has entered into a preliminary development agreement with a developer that encompasses the Subject Property, any approval of an Interim Use Permit to store vehicles off-site at the Subject Property would supersede the developer’s rights to access the Subject Property. Any approval of an Interim Use Permit will require the Applicant to cooperate with the developer and allow them to conduct any due diligence as it relates to soil sampling and testing. Furthermore, any approval of an Interim Use Permit will require that the Applicant agree to not store any “hazardous substances” on the Subject Property, as defined in the lease agreements. 4. The Applicant agrees to the conditions the City Council imposes on the use. Approval of an Interim Use Permit for the off-site storage of operable new vehicles for sale or lease at Luther’s Brooklyn Center dealerships would require that the Applicant agree to the conditions of approval imposed under the Interim Use Permit in addition to any short or long- term lease agreements in place. To provide clarity, the approval conditions outlined as part of any favorable Interim Use Permit approval would be in line with the conditions of the lease agreements. Based on staff findings, staff recommends Planning Commission recommendation of the requested Interim Use Permit for the off-site storage of new, operable vehicles for the portion of 5900 Shingle Creek Parkway (“the Subject Property”) as identified in the submitted site plan; subject to the Applicant complying with the comments outlined in the Approval Conditions below. INTERIM USE PERMITS APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-010 for the designated portion of 5900 Shingle Creek Parkway (Subject Property): 1. Site Plan Review: The site plans are subject to review and approval by City staff with respect to applicable codes prior to the issuance of any required permits. a. Any major changes or modifications made to the submitted site plan for off-site vehicle storage on the leased portion of the Subject Property (5900 Shingle Creek Parkway) can only be made by an amendment to the approved Interim Use Permit, as approved by ________________ App. No. 2018-010 PC 06/28/2018 Page 6 the City Council. b. The Applicant shall verify that the proposed site has met City Code requirements relating to fencing, lighting, parking, building and fire code requirements. i. Per the City Fire Inspector, vehicles shall be parked in an orderly fashion (i.e., in parking spaces and not in drive aisles), and vehicles shall not be used to create a blockade at the gate. ii. The Applicant shall work with the City Fire and Police Departments to provide necessary security information and/or access to the leased portion of the Subject Property in case of emergency. 2. Agreements: a. The Applicant shall ensure necessary short-term and long-term lease agreements are in place. All conditions and terms of use for the lease agreement are to be followed in conjunction with the approval and issuance of an Interim Use Permit. b. The Applicant shall provide an Access, Security, and Lighting Plan to the City, subject to the review and approval of the Chief of Police and City Planner. 3. Facilities and Equipment: a. Any lighting will be in accordance with Section 35-712 (Lighting) of the City Zoning Ordinance. Per City staff, a photometric plan, and fixture specifications may be required to confirm compliance of any new and/or replaced lighting. b. Any spills or leaks found on site shall be mitigated immediately. When warranted, the State duty officer shall be notified (Exhibit F). c. Prior to spring melt, inlet protection measures shall be provided to prevent the accumulation of trash in the snow storage pile from reaching the storm sewer system (Exhibit F). 4. Signage: Per Section 35-420 (Interim Use Permits), no signage, other than no trespassing and minimal directional signage internal to the site, shall be permitted on the leased area of the Subject Property. RECOMMENDATION Based on staff findings, staff recommends Planning Commission recommendation of the requested Interim Use Permit for the off-site storage of new, operable vehicles for the portion of 5900 Shingle Creek Parkway (“the Subject Property”) as identified in the submitted site plan; subject to the Applicant complying with the comments outlined in the Approval Conditions below. Should the Planning Commission accept this recommendation, the Commission may elect to adopt the draft resolution which memorializes the findings in granting approval of an Interim Use Permit for the off-site storage of new, operable vehicles, subject to the Applicant complying with the above-mentioned conditions of approval. Attachments Exhibit A- Ordinance No. 2018-05 (An Interim Ordinance Regulation Automobile Dealership Off-Site Vehicle Storage), adopted May 29, 2018. Exhibit B- EDA Resolution No. 2018-06, adopted May 29, 2018. Exhibit C- Affidavit of Publication for Notice of Hearing (5900 Shingle Creek Parkway), published June 14, 2018, in ________________ App. No. 2018-010 PC 06/28/2018 Page 7 Brooklyn Center Sun Post. Exhibit D- Application Submittal by the Linda McGinty on behalf of the Luther Group, LLLP, dated May 22, 2018. Exhibit E- An Ordinance Amending Chapter 35 to Allow Automobile Dealership Off-Site Vehicle Storage as an Interim Use. Exhibit F- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated March 5, 2018. Exhibit G- Proposed Planning Commission Resolution for Interim Use Permit, Allowing Off-Site Vehicle Storage on a Portion of the 5900 Shingle Creek Parkway (the “Subject Property”). CITY OF BROOKLYN CENTER ORDINANCE NO. 2018-05 AN INTERIM ORDINANCE REGULATING AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Legislative Findings. The City Council of the City of Brooklyn Center ("City") hereby finds and determines as follows: a.The City Council has the authority under Minnesota Statutes, section 462.355, subdivision 4 to adopt an interim ordinance to regulate or impose restrictions on uses if it has scheduled a hearing for the purpose of considering an amendment to its official controls; b.The adoption of an interim ordinance does not require a public hearing and is not subject to the City's standard ordinance adoption process as it is in the nature of an emergency ordinance in that waiting the several weeks before it went into effect would undermine the purpose and authority to adopt an interim ordinance; c.The City Council is in the process of considering an amendment to Chapter 35 of the Brooklyn Center City Code ("Code") to establish a new Section 3 5-420 to allow the off- site storage of new vehicles by an automobile dealership in certain zoning districts with the issuance of an interim use permit; d.The City Council has schedule a public hearing on the proposed amendment to the Code before its Planning Commission on June 14, 2018; and e. The City Council determines that it is in the best interests of the public, and in furtherance of its efforts to promote economic development within the City, to adopt interim regulations on the off-site storage of vehicles by automobile dealerships while the ordinance proposing to establish permanent regulations on the off-site storage of vehicles works its way through the standard ordinance adoption process. Article II. Interim Regulations. During the term of this interim ordinance, the City may, by issuance of a certificate of compliance, allow the off-site storage of new vehicles by an automobile dealership on property ("Property") owned by the City or by the Economic Development Authority of Brooklyn Center, Minnesota ("EDA") within the I-i, 1-2, or C-2 districts subject to compliance with all of the following requirements and restrictions: a. The automobile dealership must enter into a temporary lease agreement with the City or the EDA for use of its Property for the storage of the vehicle that, at a minimum, address each of the following: Exhibit A ORDINANCE NO. 2018-05 1.Security for the Property, including how access to the Property will be controlled; 2.The area on the Property that may be used for the storage of vehicles; The length of the temporary lease and that the use of the Property for vehicle storage may only occur upon issuance of a certificate of compliance and must cease if the proposed amendment to the Code to allow the use is not adopted or if the automobile dealership fails to obtain an interim use permit under the amended Code within 60 days from the date the amendment goes into effect; and 4. Any particular restrictions on how the Property is accessed; b.Only operable new vehicles that are available for sale or lease to customers as part of the automobile dealership's business operations may be stored on the Property; c.Vehicles may only be brought to or removed from the Property Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m.; d.No signage, other than minimal directional signage internal to the site, shall be permitted on the Property; e.No vehicle repairs, sales, cleaning or detailing shall occur on the Property; f.Only employees or contractors of the automobile dealership shall be allowed on the Property related to the storage use; g.Vehicles shall be stored on the Property in an orderly fashion with drive aisles, allowing vehicles to enter and exit the Property without having to move other vehicles; and h. An approval issued pursuant to this interim ordinance is not transferable. Article III. Effective Date and Term. This interim ordinance shall go into effect immediately upon adoption and shall remain in effect for 120 days or upon the effective date of the proposed amendment to the Code addressing the off-site storage of vehicles by an automobile dealership if adopted, whichever occurs first. Article IV. Penalty. A violation of this interim ordinance is punishable as a misdemeanor. Adopted this 29 th day o 1 May, 2018 . 7L ^-Z z^ Mayor ATTEST: PIZUJ - City Clerk Commissioner Marquita Butler introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2018- 06 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SHORT-TERM LEASE WITH LUTHER AUTOMOTIVE GROUP WHEREAS, the Economic Development Authority of the City of Brooklyn Center, Minnesota ("EDA") owns the property located at 5900 Shingle Creek Parkway, Brooklyn Center, Minnesota, legally described as Lot 1, Block 1, Brookdale Square 2nd Addition, Hennepin County, Minnesota ("Property"); and WHEREAS, Luther Automotive Group ("Luther") desires to enter into a short- term lease with the EDA to use the parking lot portion of the Property for storage of its new vehicles in accordance with the interim ordinance adopted by the City Council of the City of Brooklyn Center ("City") to temporarily allow the off-site storage of vehicles by an automobile dealership on property owned by the City or the EDA; and WHEREAS, the EDA determines that the storage of new vehicles by Luther is a reasonable use of the Property and will serve to address Luther's immediate need to secure off- site vehicle storage to facilitate the construction of its new facility within the City; and WHEREAS, the proposed lease has a limited term as the City Council considers whether to amend its code to make the off-site storage of vehicles an allowed use in the City; and WHEREAS, if the City Council agrees to amend its code, the EDA understands that Luther will likely seek approval to enter into a longer-term lease for the Property. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Economic Development Authority of Brooklyn Center, Minnesota ("Board") as follows: The Board hereby approves entering into a short-term lease with Luther to allow it to temporarily store its new vehicles on the Property. 2.EDA staff and officials are authorized to further negotiate the terms of the short-term lease and the President and Executive Director are authorized to execute the lease once it is in a form acceptable to the City Attorney. Exhibit B EDA RESOLUTION NO. 2018-06 May 29, 2018 e-2 Date President The motion for the adoption of the foregoing resolution was duly seconded by member Kris LAwrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marquita Butler, April Graves, Kris Lawrence-Anderson, DAn Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Exhibit C E x h i b i t D G A T E B A R R I C A D E B A R R I C A D E V E H I C L E T R A N S P O R T D R O P - O F F B A S S L A K E R O A D ( C O . R D . 1 0 ) SHINGLE CREEK PA R K W A Y JOHN MARTIN DRIVE H W Y 1 0 0 S N O W S T O R A G E A R E A B A R R I C A D E V E H I C L E S T O R A G E V E H I C L E S T O R A G E E A R L E B R O W N D R I V E B A R R I C A D E L a n d f o r m a n d S i t e t o F i n i s h a r e r e g i s t e r e d s e r v i c e m a r k s o f L a n d f o r m P r o f e s s i o n a l S e r v i c e s , L L C . R R i n c o l l a b o r a t i o n w i t h : T H E L U T H E R C O M P A N Y , L L L P T E M P O R A R Y V E H I C L E S T O R A G E F A C I L I T Y · B R O O K L Y N C E N T E R , M N 0 6 . 2 0 . 2 0 1 8 S I T E P L A N L E G E N D P R O P O S E D F E N C E P R O P O S E D B A R R I C A D E E X I S T I N G L I G H T P O L E S N O W S T O R A G E A R E A N O R T H 0 2 0 0 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to allowing the automobile dealership off-site storage of new vehicles as an interim use. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763-569-3303 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 35 TO ALLOW AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE AS AN INTERIM USE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 35 is hereby amended to establish a new Section 35-420 as follows: Section 35-420. AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE. 1.Interim Use. Notwithstanding anything to the contrary in this Code, the off-site storage of new vehicles by an automobile dealership is allowed in the following zoning districts with the issuance of an interim use permit: I-1, I-2, C-2. No interim use permit for automobile dealership off-site storage shall be issued for a site that abuts or is directly across a city or county right-of-way from a residentially zoned (R1 through R7) property. 2.Application. An application for an interim use permit for the off-site storage of vehicles may only be submitted by an automobile dealership located within the city. Said application shall, in addition to the information required on the application form, include the following information: a.A description of the proposed vehicle storage that includes: (i)The maximum number of vehicles to be stored at the off-site location; (ii)An explanation of the purpose for the number of vehicles needing to be stored at the off-site location; (iii)An estimate of how often vehicles will be brought to and removed from the off-site location and the times and days of the week such activities are proposed to occur; (iv)The route to be used to transport vehicles between the automobile Exhibit E 2 dealership and the off-site location, including how the property will be accessed; and (v)A map showing the portion of the property to be used for vehicle storage and showing how the vehicles are to be parked on the property; b.The proposed length of time the property will be used for vehicle storage; and c.Proof of ownership of the property or a copy of the proposed lease allowing use of the property for vehicle storage; 3.Issuance. An application for an interim use permit for the off-site storage of vehicles shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a.The proposed use must conform to the regulations in this Chapter; b.The date or event that will terminate the use can be identified with certainty; c.Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d.The applicant agrees to the conditions the City Council imposes on the use. 4.Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Every interim use permit shall identify the date or event that will terminate the permit. The applicant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without exception or reservation if the applicant undertakes the use allowed by the permit. 5.Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to all interim use permits issued to an automobile dealership for off-site vehicle storage: a.Use of the off-site location shall be limited to the storage of operable new vehicles that are available for sale or lease to customers as part of the automobile dealership’s business operations; b. Any vehicles stored shall be sold or leased at the automobile dealership located in the city; c.Any off-site location shall conform to Section 35-711 of the Zoning Code, Parking Lot Screening; 3 d. No vehicle repairs, sales, cleaning or detailing shall occur at the off-site location; e. Only employees or contractors of the automobile dealership shall be allowed on the off-site location; f. No signage, other than minimal directional signage internal to the site, shall be permitted on the off-site location; g. The portion of the storage site designated for vehicle storage shall only be located on an approved paved parking lot; h. Vehicles shall only be stored in the designated portion of the storage site and according to the parking plan approved as part of the interim use permit; i. Vehicles shall be stored in an orderly fashion with drive aisles, allowing vehicles to enter and exit the site without having to move other vehicles; j. The days and hours during which vehicles may be brought to or removed from the site shall be limited to the days and hours approved in the interim use permit; k. The routes used to transport vehicles to and from the site shall be limited to the routes approved in the interim use permit; l. An interim use permit issued pursuant to this section is not transferable; and m. The use must comply with all applicable provisions of this Code. 6. Renewal. Use of the off-site storage site shall cease, and all vehicles shall be immediately removed, upon the termination or revocation of the interim use permit, or the transfer of the automobile dealership. An automobile dealership issued an interim use permit may apply for a renewal interim use permit, which shall be submitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article II. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2018. ______________________________ Tim Willson, Mayor ATTEST:____________________________ City Clerk 4 Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) M E M O R A N D U M DATE: June 25, 2018 TO: Ginny McIntosh, City Planner/ Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Interim Use Permit to Allow for off Site Storage Public Works Department staff reviewed the following documents submitted for review on May 22, 2018, for an Interim Use Permit to Allow for Off Site Storage at 5900 Shingle Creek Parkway: Site Plans dated June 20, 2018 Interim Use Permit Comments 1.Applicant shall immediately mitigate any spills or leaks found on site, and notify the State duty officer as warranted. 2. Prior to spring melt; provide inlet protection measures to prevent trash in snow storage pile from reaching the storm sewer system. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit F ________________ App. No. 2018-011 PC 06/28/2018 Page 1 Planning Commission Report Meeting Date: June 28, 2018 Application No.2018-011 Applicant: Lux Apartments, LLC Location: 6100 Summit Drive North (PID: 35-119-21-44-0012) Request: (1) Amendment to Planned Unit Development plans and documents, and (2) Site Improvements to Allow for the Conversion of a Former Senior Living Facility to Market Rate Apartments INTRODUCTION Lux Apartments, LLC (the “Applicant”) is requesting review and consideration of an amendment to the 1993 Planned Unit Development (PUD) plans and documents and approval of site improvements that would allow for the improvements necessary to proceed with the conversion of a former senior living facility to market rate apartments (Exhibit A). As part of the application process, a public hearing notice was published in the Brooklyn Center Sun Post on June 14, 2018, and notices were mailed to surrounding property owners (Exhibit B). Image 1. Subject Property Location (6100 Summit Drive North) • Application Filed: 05/29/2018 • Review Period (60-day) Deadline: 08/27/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-011 PC 06/28/2018 Page 2 BACKGROUND City staff met with the Applicant in May 2018 to discuss the Subject Property, known as Earle Brown Terrace, or Earle Brown Commons, and the redevelopment of the senior living facility to market rate apartments. It was then conveyed to City staff that the building was under-occupied and would be closing. It is to staff’s understanding that all residents have, as of this report, been relocated out of Earle Brown Terrace senior living facility. The building is located on approximately 3.3 acres and consists of the historic Minnesota Highway Patrol office building (also known as the “Summit Bank Building”) and an 11-story building, constructed in 1987. These buildings are connected via an interior connection and feature a two-level parking ramp. The former senior living facility offered independent and “catered” (assisted) living, dining and other services, including a beauty salon. As is proposed under Planning Commission Application No. 2018-011, the intent of the Applicant’s requests is to determine whether the City will allow the Applicant to convert the existing buildings into market-rate, multi-family residential units with a reduced parking ratio, as the Subject Property was never constructed to the minimum required two (2) parking stalls per dwelling unit necessary for residential uses. Additionally, the Applicant has made requests to permit for an additional wall signage allowance on the south elevation of the existing 11-story building, and allow for three additional units to be constructed in the future. It should be noted that these approvals will require that the Applicant return to the City for site and building plan approvals. As the Subject Property is still under ownership by OGC Earle Brown, LLC, the Applicant is of the understanding that, should they receive approval from the City of Brooklyn Center Planning Commission and City Council, that they will be required to submit full plan sets detailing drainage, grading, stormwater and erosion control, wall signage plans, and architectural plans for any exterior construction of additional units as part of Planning Commission application submittal for building and site plan review through the City’s Community Development Department. The requests outlined in the attached application and as addressed in the staff report are intended to provide the Applicant the comfort necessary to close on the purchase of the Subject Property. AMENDMENT TO PLANNED UNIT DEVELOPMENT In 1986, under Planning Commission Application No. 86007, the Subject Property received plat approval to re-subdivide land surrounding Earle Brown Farm. This land was at that time zoned I-1 (Industrial Park) District and was bounded by Summit and Earle Brown Drives. Planning Commission Application No. 86010, approved by City Council under Resolution No. 86-121, resulted in the re-zoning of approximately 7.1 acres, of which included the Subject Property, from I-1 to R-7 (Multiple Family Residence) District. Approval of site and building plans for an eleven-story, 140-unit apartment complex with a brick exterior, 1 story lounge, and connecting parking ramp were approved under Planning Commission Application No. 86027 on July 17, 1986, by Planning Commission, and on July 28, 1986, by City Council. This approval was as part of a previously recommended amendment by City Council to the Brooklyn Center Comprehensive Plan “to allow mixed use development, including high-rise, high-density residential development on the land in and around the Earle Brown Farm.” The 2030 Brooklyn Center Comprehensive Plan identifies the Subject Property’s existing and future use as “MF” or high density multi-family residential. ________________ App. No. 2018-011 PC 06/28/2018 Page 3 In 1992, under Planning Commission Application No. 92013, the Subject Property and the property to the south (6001 Earle Brown Drive) were re-zoned from R7 (Multiple Family Residence) District to PUD- Mixed (Exhibit C). This re-zoning was partially in order to help facilitate the development of neighboring 6001 Earle Brown Drive into a senior housing facility, which was to be located in three buildings or “houses.” Today, this property is home to the Ecumen Prairie Lodge. As part of the PUD approval, staff comments at that time noted that the Earle Brown Commons (Terrace) senior living facility project was, “clearly intended to be a two phase development with the second phase to be another high rise building, attached to the phase one building at the property line. With the proposal of the Evergreens residential care facility (now known as Ecumen Prairie Lodge), phase two of the Earle Brown Commons (Terrace) is being abandoned.” Building Review As proposed under this Application, the Applicant would be requesting approval for the addition of three dwelling units, for a total of 143 units. No architectural renderings or construction plans have been received; therefore, the Applicant is aware that any construction of additional units will require the Applicant to submit a separate Planning Commission application for construction of the additional units as part of building and site plan approval. As part of this request, any future units will require that the Applicant follow the Citywide Architectural Design Guidelines, including, but not limited to, a minimum 50% Class I building material ratio and remaining Class II building material ratio on each elevation (face) for any new additions. Per discussions with Earle Brown Heritage Center (EBHC) Manager Bruce Ballanger, City staff will request that, as part of any approvals under this application, that the Applicant provide verification that the historic former Minnesota Highway Patrol office building (also known as the “Summit Bank Building”) is not subject to any state or federal historic designations. EBHC Manager Ballanger did clarify that, while the Earle Brown Heritage Center carries state historical preservation society designation, he is unsure as to the status of the former Highway Patrol office building located on Summit Drive North. The former Minnesota Highway Patrol office building was previously home to the patrol’s jail, Earle Brown’s office, and a shooting range. It was more recently used as a reception and office area for the Earle Brown Terrace senior living facility. Given that the original intent was for Earle Brown Commons (Terrace) to be expanded into a second phase, staff is aware that the existing dining room wing and connection between the historic building and 11-story building is set approximately four (4) feet from the property line. This has been acknowledged and there are no plans to expand this wing. Access and Parking Construction of the Ecumen Prairie Lodge (6001 Earle Brown Drive) in 1993 resulted in the Subject Property losing the majority of its proof-of-parking spaces, which would have been located on the phase two parcel (now the site of Ecumen Prairie Lodge). As residential units require a minimum of two parking spaces per unit, the Subject Property would have required a total of 280 parking spaces for 140 units. At the time of PUD consideration in 1993, there were 173 parking spaces on-site, including 140 spaces in the two-level parking ramp. The Applicant has noted in their submittal the presence of 171 parking stalls. The Applicant is requesting to install an additional 73 parking stalls on-site of the Subject Property. Construction of these spaces would provide for a total of 244 parking spaces (approximately 1.7 parking spaces per dwelling unit), ________________ App. No. 2018-011 PC 06/28/2018 Page 4 leaving the Subject Property 36 spaces shy of the 280 spaces necessary for the original 140 units, or 42 spaces shy of the minimum 286 spaces necessary for the as requested 143 units. As has been indicated by the Applicant, the addition of parking on site would result in less than one-half acre of increased impervious surface. The total anticipated disturbance would need to be confirmed by the Assistant City Engineer as part of a future building and site plan submittal. Per the Zoning Code, no parking shall be permitted within 15 feet of the street right-of-way, and this area shall be maintained as a green strip. Installation of the additional parking would result in the encroachment of some new surface parking spaces and a turnaround into the 15-foot green strip area along the south and east entrances to the Subject Property. Although the submitted site plan does not fully detail the extent of encroachment, it appears the existing parking ramp structure already encroaches slightly at three points. The proposal notes that the minimum required 24-foot wide drive aisles would be achieved for 90- degree two way parking with the exception of the uphill drive to the upper parking ramp, which is noted at 23.2 feet in width. 90-degree parking spaces would need to meet the minimum 8 foot, 8 inch width and 18-foot length requirements per the City’s Zoning Code. The Applicant will also need to provide sufficient accessible parking and loading spaces to comply with the 2015 Minnesota Accessibility Code requirements near the main entrances to the buildings. Landscaping The project submittal includes a preliminary landscape plan, however, a planting schedule breakdown is not provided. Although City Code does not have any specific requirements on landscaping, the City has operated under and held new and redeveloped areas to complying with the City’s adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The point system requires multi-family residential sites to provide a specific amount or number of landscaping units, and is based on the maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). As part of the updated building and site plan package submittal for building and site plan approval, the Applicant shall provide a revised landscape plan noting the schedule for the approximately 3.3 acre site. The revised landscape plan should take into account existing plantings as well as any additional requirements per the Assistant City Engineer (below). Engineering Review Per Assistant City Engineer Andrew Hogg’s memorandum dated June 25, 2018, and his review of the conceptual site plans dated May 29, 2018, approval of the aforementioned requests are subject to the Applicant submitting a complete site plan package for final building and site plan approval, as the submitted grading plan only outlines directional flows (Exhibit D). The submitted conceptual plans will need to be revised prior to this submittal to reflect required documentation as identified in the Zoning Code under Section 35-230 (Plan Approval) and Section 35- 235 (Permit for Land Disturbing Activities). As part of these conditions, Assistant City Engineer Hogg indicated that pedestrian connections to existing sidewalks and bicycle parking facilities be reflected in the updated site plan package. Additionally, any stormwater runoff shall be treated on-site, in rain gardens, swales, and any other water quality Best Management Practices (BMPs) shall include pre-treatment. The proposed run off ________________ App. No. 2018-011 PC 06/28/2018 Page 5 rates submitted as part of the required site and building plan approval will require that they be equal to or below the existing runoff rates. Signage As part of the PUD amendment request, the Applicant has also indicated a desire to install wall signage on the south elevation of the 11-story building. Per Section 34-140.3.C.2 (Residential Districts) of the City Sign Ordinance, • Multiple family dwelling may have one wall sign per building not to exceed 10 square feet in area. • Cluster developments or complexes in R3 through R7 districts involving not less than 36 dwelling units shall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: a. One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level. b. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than five feet above ground level. As proposed, the Applicant would be requesting an allowance of up to 350-square feet of wall signage on the south elevation of the building (facing towards Highway 100) to be better in line with the wall signage on the neighboring office buildings and hotel. As an example, the Embassy Suites Hotel (6300 Earle Brown Drive) and surrounding office buildings to the west and east, which possess a C1A zoning designation, are permitted wall signage on each wall, “provided the aggregate area of such signs does not exceed 10-percent of the area of the wall supporting the signs.” Approval of the requested additional wall sign allowance would be in addition to the standard allowances outlined in Chapter 34 of the City Code (Sign Ordinance) and above. As part of any approval of the requested 350-square foot signage allowance, detailed plans noting the location, dimensions, lighting, etc., will need to be provided as part of the building and site plan approval process. As has been discussed with the Applicant, City staff has requested that any approval for the increased sign area include a provision that said wall sign on the south elevation utilize backlighting (halo lighting) and be complementary aesthetically to both buildings located on the Subject Property. Based on staff findings, staff recommends Planning Commission recommendation of the amendment to the 1993 Planned Unit Development plans and documents to allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-square feet on the south elevation of the eleven-story building, on the Subject Property located at 6100 Summit Drive North, subject to the Applicant submitting a complete building and site plan package for formal site and building plan approval by the City of Brooklyn Center and complying with the Approval Conditions as noted below. APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of the Planned Unit Development for the as proposed Luther Mazda/Mitsubishi dealership: 1. PUD Amendment/Site Improvement Review: This approval and all plans are subject to final review and approval through the formal submittal of a complete building and site ________________ App. No. 2018-011 PC 06/28/2018 Page 6 plan package to the City for formal site and building plan approval. No exterior construction to the site, including the installation of additional parking, installation of wall signage, construction of additional units, etc., shall be permitted until the Applicant has received approval for the yet to be submitted site and building plans and issuance of building and/or sign permits. All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. b. Any exterior improvements to the existing two buildings or additions to the buildings will need to meet the City’s Architectural Design Guidelines, which requires that at least 50-percent of each elevation (face) of a building be constructed of Class I materials, with the remainder constructed of Class II materials. c. The Applicant shall provide verification to City staff as to whether the historic former Minnesota State Patrol office building (also known as the “Summit Bank Building”) is subject to any design considerations as part of state or federal historic society designation prior to performing any interior or exterior work. 2. Agreements: a. The existing PUD agreement with the City of Brooklyn Center shall be revised to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted complete building and site plan package, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under the yet to be approved site and building plans. c. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memo, dated June 25, 2018 (Exhibit D). a. 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 as part of the yet to be submitted complete building and site plan package and prior to the issuance of permits. 4. Landscaping: The Applicant shall provide an updated landscape plan with planting schedule that meets the minimum requirements as identified under the City’s ________________ App. No. 2018-011 PC 06/28/2018 Page 7 Landscape Point System Policy for multi-family residential uses and in consideration of the site requirements identified by the Assistant City Engineer. All landscaped areas shall include approved irrigation systems to facilitate site maintenance. 5. Lighting: The Applicant shall provide a lighting plan that identifies all existing and proposed lighting for the parking lots and building. The lighting plan shall include a site wide photometric plan that is in conformance with the lighting provisions as noted under the City Zoning Ordinance and in consideration of the City’s Architectural Design Guidelines. Fixture specifications shall be provided prior to issuance of any building permits. 6. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. One wall sign of up to 350-square feet, and to be located on the south elevation of the eleven-story building is approved. a. The wall sign on the south elevation of the building is to utilize backlighting (halo-lighting) as a means of illumination and shall be complementary to the architectural styles and building materials used on both buildings on the Subject Property. b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. c. RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends City Council approval of the requested amendment to the 1993 Planned Unit Development plans and documents for the Subject Property located at 6100 Summit Drive North, subject to the Applicant submitting Planning Commission application for building and site plan approval and a complete building and site plan package for review and approval by the City of Brooklyn Center and complying with the Approval Conditions as noted above. Future approval of a building and site plan for the Subject Property would allow for the as proposed parking ratio of approximately 1.7 parking spaces per dwelling unit based upon a total allowance of 143 dwelling units, and a wall sign allowance of up to 350-square feet on the south elevation of the eleven- story building. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolution to be provided prior to the scheduled Planning Commission meeting on June 28, 2018. Attachments Exhibit A- City Submittal for 6100 Summit Drive North by Lux Apartments, LLC, and CivilSite Group dated May 29, 2018. Exhibit B- Public Hearing Notice for 6100 Summit Drive North, published by Brooklyn Center Sun Post, dated June 14, 2018. Exhibit C- Planning Commission Application No. 92013 Planning Commission Information Sheet, dated ________________ App. No. 2018-011 PC 06/28/2018 Page 8 September 17, 1992. Exhibit D- Review Memo, prepared by Assistant City Engineer Andrew Hogg, dated October 18, 2017. E x h i b i t A E x h i b i t B Exhibit C M E M O R A N D U M DATE: June 25, 2018 TO: Ginny McIntosh, City Planner/ Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: (PUD) and Site Improvements – Earle Brown Terrace Public Works Department staff reviewed the following documents submitted for review on May 29, 2018, for the amendment to a Planned Unit Development (PUD) and Site Improvements that would allow for the Conversion of an Existing Senior Living Facility to Market Rate Apartments: Conceptual Site Plans dated May 29, 2018 Subject to approval of amendment to the Planned Unit Development, the applicant shall submit complete site package for final Building & Site Plan approval and the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: PUD Comments 1. Applicant must submit complete package for building & site plan review. 2. Provide pedestrian connections to existing sidewalks. 3. Provide bicycle parking facilities. 4. Stormwater runoff shall be treated on-site, in rain gardens, swales and other water quality BMP’s and such improvements shall include pretreatment. Proposed runoff rates shall be equal to or below existing runoff rates. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit D