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HomeMy WebLinkAbout2019 01-17 PCMPC Minutes 01-17-19 -1- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JANUARY 17, 2019 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL OF THE YEAR 2018 PLANNING COMMISSION Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. City Planner and Zoning Administrator Ginny McIntosh and Mary Mullen of TimeSaver Off Site Secretarial, Inc. were also present. 3. APPROVAL OF AGENDA – January 17, 2019 There was a motion by Commissioner Schonning seconded by Commissioner MacMillan, to approve the agenda for the January 17, 2019 meeting as presented. The motion passed unanimously. 4. APPROVAL OF MINUTES – November 15, 2018 There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve the minutes of the November 15, 2018 meeting as presented. The motion passed unanimously. No other Planning Commission meetings were held for the remainder of the 2018 year. 5. OFFICIAL ADJOURNMENT OF THE 2018 PLANNING COMMISSION There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to adjourn the 2018 Planning Commission. The motion passed unanimously. 6. ADMINISTER OATH OF OFFICE (to re-appointed Commissioners) City Planner and Zoning Administrator Ginny McIntosh administered the Oath of Office to Randall Christensen, Jack MacMillan, Stephen Schonning, and Susan Tade. 7. ROLL CALL OF THE 2019 PLANNING COMMISSION Randall Christensen, Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. PC Minutes 01-17-19 -2- 8. ELECTION OF PLANNING COMMISSION CHAIRPERSON FOR YEAR 2019 There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to nominate Randall Christensen to serve as Chairperson for the 2019 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Koenig, seconded by Commissioner Tade, to close nominations. The motion passed unanimously. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to accept the results and election of Randall Christensen as Chair for Year 2019. The motion passed unanimously. 9. APPOINTMENT OF 2019 VICE-CHAIR BY CHAIRPERSON Chair Christensen nominated Commissioner Koenig to serve as Vice-Chair of the 2019 Planning Commission. 10. 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. 11. PLANNING COMMISSION APPLICATION ITEMS 11a) Planning Commission Application No. 2019-001 Applicant: Max L. Stanislowlski (Loucks, Inc.) Property Address: 6420 Camden Avenue North Summary: The Applicant is requesting a re-plat of TopGolf Addition to incorporate a parcel to the south. Additional requests as part of the re-plat include the dedication of right-of-way. Chair Christensen introduced Application No. 2019-001, consideration of a re-plat, located at 6420 Camden Avenue North. (See Planning Commission Report dated 01-17-2019 for Application No. 2019-001.) Ms. McIntosh stated Mr. Stanislowski was unable to attend, but another representative from Loucks, Inc. was present to answer any questions the Commissioners might have that evening. Ms. McIntosh stated the application for a re-plat of the TopGolf Addition is required as additional land has been incorporated, including a small parcel to the south of the TopGolf site, and the dedication of certain right-of-way is to be made along the new Camden Avenue North cul-de-sac. She noted that the vacation and addressing of drainage and utility easements will be considered under a separate application to Public Works. PC Minutes 01-17-19 -3- Ms. McIntosh stated that City Engineering staff reviewed the plat and right-of-way dedication, and some changes were made. She added the staff report contains a recently revised memo from the Assistant City Engineer, dated January 16, 2019. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all adjacent properties per City Code requirements. Ms. McIntosh stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Commission Application No. 2019- 001, for the Subject Property located in the vicinity of 6420 Camden Avenue North, so long as the Applicant complies with the conditions noted in the Planning Staff report and also similar in the Resolution. Chair Christensen requested clarification regarding drainage and utility easement improvements. Ms. McIntosh stated that the exhibit that outlines the changes to the existing drainage and utility easements was not included in the staff report as that issue will not be reviewed by the Planning Commission. She added it is however acknowledged in the staff report and Resolution. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-001 There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to open the public hearing on Application No. 2019-001, at 7:17 p.m. The motion passed unanimously. There were no other individuals in attendance who wished to make comments at this time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to close the public hearing on Application No. 2019-001. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-001 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-001 SUBMITTED BY MAX STANISLOWLSKI OF LOUCKS, INC. There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to approve Planning Commission RESOLUTION NO. 2019-001. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None. PC Minutes 01-17-19 -4- The motion passed unanimously. The Council will consider the application at its January 28, 2019 meeting. The Applicant or a designated representative 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. 11b) Planning Commission Application No. 2019-002 Applicant: Jane Sharkey (Helena Autism Therapy Center) Property Address: 2800 Freeway Boulevard Summary: The Applicant is requesting approval of a Special Use Permit to allow for the establishment of an autism therapy center and ancillary outdoor playground within an existing two-story building. Chair Christensen introduced Application No. 2019-002, consideration of a Special Use Permit, located at 2800 Freeway Boulevard. (See Planning Commission Report dated 01-17-2019 for Application No. 2019-002.) Ms. McIntosh reviewed the request for a Special Use Permit for the property at 2800 Freeway Boulevard for an autism therapy center within the existing two-story building, and construction of an ancillary outdoor playground. She added the original 1988 site plan was for a 14,000 square foot building with its primary use at that time for an insurance company. She noted the City’s Zoning Code, including the Commercial (C-1) District, does not outline autism therapy center uses, but staff has determined the most similar use, given its day-to-day operations, is more similar to that of a daycare facility. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all adjacent properties as outlined in the City’s Zoning Code. Ms. McIntosh stated the proposed autism therapy center would provide services to family members and children typically between the ages of two and one-half to seven years, who have a clinical diagnosis on the autism disorder spectrum, or similar diagnoses. She added children who participate in the program will usually spend 20 hours per week at the clinic, engaged in skills development, psychotherapy, day treatment, crisis assistance behavioral health management and mental health support. She noted the Helena Autism Therapy Center currently employees approximately 29 on-site employees, and 10 off-site staff. Ms. McIntosh stated the autism center would host 20 children during the morning session and 20 children during the afternoon session. She added no transportation vehicles will be stored on- site. She noted the Applicant’s primary reason for relocation is to offer an outdoor playground, which would be situated in an approximately 33-foot by 62-foot area to the east of the existing building. She noted the distance from the playground fence to the curb of Xerxes Avenue would be approximately 41 feet. PC Minutes 01-17-19 -5- Ms. McIntosh stated the City’s Zoning Ordinance provisions pertaining to group day care facilities specifies that outdoor project elements such as playgrounds must be separated from parking and driving areas by a wood fence that is at least 4 feet in height. She added, in this case, the playground area will be adjacent to the building. She noted there are provisions in the C1 district for fencing and buffers. Ms. McIntosh stated the Applicant is proposing an 8-foot cedar fence around the playground area, which would require the acquisition of three (3) existing parking spaces. In addition, the Assistant City Engineer has recommended a separation of four (4) feet between the fencing and curb, which would result in the loss of an additional parking space, for a total loss of four (4) parking spaces. She noted the application must conform to all the original site plan approvals. Ms. McIntosh stated parking on the site will need to be addressed as some of the building’s existing tenants wish to stay. Assuming parking is accounted for based on an “office” type use, a minimum of 60 parking is required from Monday to Friday. She noted one of the tenants is a church with services on Wednesday evenings and Sunday mornings. Staff would need to identify the total number of church attendees as part of the approval process to determine whether sufficient parking would be provided. Ms. McIntosh stated there will be 60 parking spaces after four spaces are removed. City Staff will work with the Applicant to increase that number, add ADA-compliant parking, as well as eliminate a drive aisle that was created in the years following construction of the building and site improvements. She added there were 70 parking spaces in the original site plan. The Applicant will also be required to provide a plan for fire sprinklers in the church space. Ms. McIntosh stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Commission Application No. 2019- 002, for the Subject Property at 2800 Freeway Boulevard, so long as the Applicant complies with the conditions noted in the Planning Staff report and also similar in the Resolution. Commissioner MacMillan requested clarification regarding the landscape plan. Ms. McIntosh stated that the original site and building plan approval for the Subject Property outlined a landscape plan that was approved along with the site and building plan approval. Although the landscape plan is less restrictive than today’s Landscape Point System Policy standards, the 1988 approved landscape plan would still require that any missing or removed landscaping be replaced with the same or like plantings. These plantings would need to meet the minimum sizing standards outlined under today’s Landscape Point System Policy. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-002 There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to open the public hearing on Application No. 2019-002, at 7:36 p.m. The motion passed unanimously. There were no individuals in attendance who wished to make comments at this time. PC Minutes 01-17-19 -6- MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to close the public hearing on Application No. 2019-002. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Tade asked whether the building’s existing tenants can stay, or if their leases will be terminated. Jeffrey Moss, President of Brooklyn Group LLC, and the building’s current owner, stated many of the building’s tenants are on expired leases and on a 60-day notice. He added most of the parties are related to him, and there will be flexibility in terms of what the buyer wants to do. He added discussions will be initiated with tenants that are still under lease. Jane Sharkey, the Applicant, stated there should not be a problem accommodating any leases that run for the next year. There will be enough space in the building to accommodate the proposed autism center. She added one tenant has been given the option to move to the lower level where it will be quieter. Commissioner MacMillan asked whether the building has fire sprinklers. Mr. Moss confirmed this. Commissioner MacMillan requested clarification regarding the proposed fence. Ms. McIntosh stated a 4-foot wood fence is required, with additional requirements for fences on commercial thoroughfares. She noted the edge of the proposed playground area is approximately 41 feet from the edge of curb along Xerxes Avenue North, and the Assistant City Engineer has recommended an additional four (4) feet between the fence and parking lot and consideration of buffers. Commissioner Schonning expressed concerns regarding the aesthetics of the fence, and how such a big fence will look that close to Xerxes Avenue. He added the Applicant is within their right to put an 8-foot fence there. Ms. McIntosh stated a building permit and staff review will be required for the eight (8) foot fence. She added the Applicant has proposed a cedar fence. Mr. Moss stated that area is not an open space. He added there is an area of thick trees and shrubs, and a gradual slope or berm. Ms. Sharkey agreed, adding there are 10 to 12-foot arbor vitae at that location that could be located on either side of the proposed playground fence. She noted the area is overgrown. PC Minutes 01-17-19 -7- Commissioner MacMillan stressed the importance of being amenable to the rest of the neighborhood and putting the good face of the fence on the outside. Ms. McIntosh stated that as there are currently not provisions within the Zoning Code requiring the “good” side of the fence to be faced outward, requirements related to the fence can be added to the resolution if the Commissioners feel they are necessary to protect the aesthetics of the neighborhood. Ms. Sharkey stated the fence must be built so that children cannot climb it from the inside, which is why she had intended to face the fence panels inward, rather than the outward facing panels Commissioner MacMillan stressed the importance of. Ms. McIntosh proposed that a double- faced fence, with no bracing bar showing on either side could be constructed, which would address the issues of children climbing on the fence bracing from the inside of the playground as well as the aesthetics of the neighborhood. Ms. Sharkey agreed. Commissioner Tade stated a fence could be considered that would be similar to the fence at the townhomes to the south, so there is some continuity along Xerxes Avenue. Ms. McIntosh stated that could be added to the resolution. ACTION TO ADD A FRIENDLY AMENDMENT TO THE RESOLUTION RELATED TO PLANNING COMMISSION APPLICATION 2019-002 TO REQUIRE A DOUBLE-SIDE FENCE ALONG XERXES AVENUE COMPLEMENTARY TO THE EXISTING FENCE SOUTHWEST OF XERXES AVENUE AND FREEWAY BOULEVARD. There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to add a friendly amendment to RESOLUTION NO. 2019-002 that City Staff will work with the Applicant to provide a plan for an eight (8) foot double-sided fence along Xerxes Avenue that is complementary in style to the existing fence southwest of Xerxes Avenue and Freeway Boulevard. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-002 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-002, SUBMITTED BY JANE SHARKEY OF HELENA AUTISM THERAPY CENTER. There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to approve Planning Commission RESOLUTION NO. 2019-002. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. PC Minutes 01-17-19 -8- And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 28, 2019 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. 11c) Planning Commission Application No. 2019-003 Applicant: Michael Harrer (CBRE) Property Address: 6601 Shingle Creek Parkway and parcels associated with the underlying PUD Summary: The Applicant is requesting an amendment to the existing 1995 Planned Unit Development (PUD) plans and documents that would allow for greater flexibility relating to percentages of use within the buildings located in the aforementioned PUD as related to the parking allocation amongst a shared parking agreement. Chair Christensen introduced Application No. 2019-003, consideration of a Planned Unit Development amendment for property located at 6601 Shingle Creek Parkway. (See Planning Commission Report dated 01-17-2019 for Application No. 2019-003.) It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all adjacent properties as outlined in the City’s Zoning Ordinance. Ms. McIntosh reviewed Planning Commission Application 2019-003, public hearing for an amendment to the 1995 Planned Unit Development (PUD) for 6601 Shingle Creek Parkway, related to requested changes to allowable building uses as related to a shared parking agreement, and certain allowances for an indoor showroom and outdoor storage. Ms. McIntosh stated the Applicant wants to lease a portion of the property located at 6601 Shingle Creek Parkway but has concerns related to usage allowances. At the time that the property was developed, a central parking lot and potential ramp were considered to address minimum parking needs. A re-zoning was sought, and a Planned Unit Development (PUD) was established in 1995 to acknowledge common parking along the northwest side of Shingle Creek Parkway and Freeway Boulevard. Ms. McIntosh stated that the staff report written in 1995 for the PUD noted a history of complex easement agreements over properties in this area, and that at the time the staff report was written, the associated easement agreement had been amended five times. A sixth amendment was made in 1996. Additional revisions to that agreement reflected modifications to the parking agreement to lift a restriction that would have prevented the construction of an approved site and building plan for an adjacent property located in the PUD, and the elimination of a proposed parking ramp. PC Minutes 01-17-19 -9- Ms. McIntosh stated the Applicant approached City Staff to discuss these restrictions, noting that the 1995 PUD acknowledged certain percentages of use allowances for each building within this district. City Staff forwarded the issue to the City Attorney for review to determine whether the use allowances for each building could be eliminated, due to the existing easement agreement and declaration of parking allocations in place for the central parking lot. Ms. McIntosh stated the City Attorney agreed that the allowance provisions could be removed to allow greater flexibility so long as individual properties are able to provide sufficient parking. The existing easement agreement and parking requirements would remain in place and would outline certain parking allocation allowances for certain buildings within a shared central parking lot located along the interior of Parkway Circle, which is a private road. Ms. McIntosh stated the Applicant has a tenant interested in expanding their neighboring business into an approximately 36,000-square foot space of the Subject Property located at 6601 Shingle Creek Parkway. As part of this request, they are seeking approval to create and approximately 8,000-square foot interior retail showroom and office space at the north end of the building. She added that the same potential tenant would like to construct an approximately 12 foot by 20 foot outdoor storage area within the loading dock area of the building. As part of this request, an existing generator and above ground fuel tank would be removed from the concrete pad area. Ms. McIntosh noted that the Applicant or tenant will need to check with the Minnesota Pollution Control Agency (MPCA) to ensure there are no separate approvals required for the removal of the above ground fuel tank. Enclosed garbage dumpsters would also need to be included in any approvals. As City staff noticed that the existing trash dumpsters do not have enclosures, enclosures will be required and will need staff approval. Ms. McIntosh stated City Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Commission Application No. 2019- 003, for an amendment to the 1995 Planned Unit Development for certain PUD/I1 District parcels located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard and allowances for an indoor showroom and outdoor storage for the property located at 6601 Shingle Creek Parkway, so long as the Applicant complies with the conditions noted in the Planning Staff report and also similar in the Resolution, including removal of certain language related to percentages of use types within buildings. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. The Applicant, Mike Harrer of CBRE, noted he had no comments at this time. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-003 Chair Christensen recognized residents in the audience who wished to speak on this matter and called for comments from the public. PC Minutes 01-17-19 -10- There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2019-003, at 8:08 p.m. The motion passed unanimously. Joe Hamer, 6707 Shingle Creek Parkway, stated his property is located to the north of the subject property, and is part of the shared parking allocation in the central lot along Parkway Circle. He added supports eliminating the building-by-building parking allocation percentages but asked for clarity and assurance that the PUD amendment would not affect his building’s current parking allocation. Mike Harrer, the Applicant, stated it is their intention to keep the current parking allocations in place. Ms. McIntosh stated the common area parking allocations within the central lot are part of the separate easement agreement and declaration of parking maintained by CBRE and are not under consideration as part of the PUD request, so the allocations would remain the same as per the last amendment to the agreement and declaration. Commissioner MacMillan asked whether the parking allocation can be resolved in the PUD. Ms. McIntosh stated the easement agreement and declaration of parking can be referenced in the PUD agreement, which must be re-stated and updated, as there is no existing copy of it. She added a review of the existing easement agreement and declaration of parking by City Staff and the City Attorney is required as part of any approval. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Tade, to close the public hearing on Application No. 2019-003. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner MacMillan requested clarification regarding maintenance of the private access road, and whether there is on-street parking available. Ms. McIntosh stated the private access road and parking lot are maintained by CBRE under the aforementioned easement agreement and declaration of parking. She added the easement agreement has an allocation to allow for on- street parking in the Parkway Circle, which is still in place. Commissioner MacMillan asked whether requirements for clean-up and enclosure of the trash area should be explicitly stated. Ms. McIntosh stated trash enclosures are to be fully enclosed with an opaque fence or wall material as part of the City Code requirements. Even if this request were not under consideration, the Applicant/Property Owner has an obligation to ensure the property is in conformance with City Code. Commissioner MacMillan asked whether the proposed showroom would be open to the public. Mr. Harrer confirmed this, adding it will mostly be contractors and wholesalers. PC Minutes 01-17-19 -11- Ms. McIntosh stated the Applicant has indicated that they intend to hire four (4) to five (5) additional full-time employees between the new space, to be located at 6601 Shingle Creek Parkway, and the existing space, located at 6601 Parkway Circle. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-003 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-003 SUBMITTED BY MICHAEL HARRER OF CBRE. There was a motion by Commissioner Tade, seconded by Commissioner Koenig, to approve Planning Commission RESOLUTION NO. 2019-003. 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 January 28, 2019 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. 12. DISCUSSION ITEMS 12a) 2019 PLANNING COMMISSION SCHEDULE Ms. McIntosh stated Planning Commissions will be held once a month this year, rather than the bi-monthly meetings typically held. This is due to a review of the Commissioner’s attendance and overall turn-around time needed for planning cases. She added that special work sessions may be scheduled as required, particularly as the comprehensive plan process will be concluding and as the City will be undergoing an overhaul of the City’s Zoning, Platting, and Sign Ordinances in the coming year. She noted a work session is anticipated for the Planning Commission meeting on February 14, 2019 to address comments and amendments to the draft Comprehensive Plan. Copies will be provided to the Commissioners prior to the meeting. Ms. McIntosh stated there are no Planning Commission applications in the works, although City Staff recently met with Alatus, LLC to review project timelines. She provided a copy of the Commission’s 2019 meeting schedule as reference. As she will be on maternity leave at some point, Ms. McIntosh noted that one of the City’s Housing and Code Enforcement Inspectors, Joseph Hartmann, will be assisting her with some of the planning duties during this time. PC Minutes 01-17-19 -12- Commissioner Tade thanked Ms. McIntosh for the list of deadlines and meeting dates. 13. OTHER BUSINESS There were no Other Business items. 14. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:30 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair