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HomeMy WebLinkAbout2020 09-10 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER VIRTUAL MEETING September 10, 2020 Virtual meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021. Public may access the Webex meeting: Online: logis.webex.com | Meeting Number (Access Code): 133 418 5365 Phone: (312) 535-8110 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Agenda Motion to Approve Planning Commission Meeting Agenda for September 10, 2020 4. Approval of Minutes Motion to Approve the August 13, 2020 Work Session and Regular 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. 2020-008 (PUBLIC HEARING) Applicant: Educational Properties II, Inc. Project Location: 6201 and 6225 Noble Avenue North, 4701 63rd Avenue North Summary: The Applicant is requesting review and consideration of requests that would approve the preliminary and final plat for NOMPENG ADDITION. Chapter 35 of the City Code of Ordinances dictates that multiple parcels of land which are contiguous, serve a single development, and are under common ownership, be combined into a single parcel. The aforementioned requests would combine two properties to a third property that contains Nompeng Academy. These two properties were acquired in 2019 to offer additional green space. 7. Discussion Items a) City Council Update b) Next Planning Commission Meeting 8. Other Business None 9. Adjournment PC Work Session Minutes 08-13-20 -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 AUGUST 13, 2020 1. ETHICS AND BEST PRACTICES FOR PLANNING COMMISSIONERS City Attorney Troy Gilchrist stated the purpose of this Work Session is to continue to provide information and support for the new Planning Commissioners as they fulfill their duties. He added he would also try to address any questions or concerns that the Commissioners may have. Commissioner Alfreda Daniels asked whether the City Attorney will continue to provide training twice a month. She added the new Commissioners already had training at their first meeting. Mr. Gilchrist stated this discussion is reflective of the fact that there are many new Commissioners. He added the majority of information will be regarding legal standards to which the new Commissioners will be held. Chair Peter Omari stated it was brought to his attention at the last meeting that the majority of the Commissioners are new. He added it is important, as these will be public meetings, for the Commission to acquaint themselves with how things will be run, and the issues that will arise. He noted it is important that, when an application comes before the Commission, they will be able to move quickly to review, discuss, and make recommendations. Mr. Gilchrist stated, with regard to the Open Meeting law, the Commission should be careful not to engage in any meetings of a quorum of the body outside of a regular meeting. He added this could include emails, phone calls, and texts. Mr. Gilchrist stated data practices law is well-intended but can have a very intrusive reach for Commissioners. He added any Commissioners engaging in a conversation related to Planning Commission business can be required to provide information about that discussion as it is considered government data. Commissioner Kellie Hmong stated this is a learning experience for all the Commissioners. She added she understands that the Commissioners should not be contacting each other. She noted, however, she would want full disclosure, and someone on the Commission may be able to help her understand something or answer her questions. She asked Mr. Gilchrist to help navigate that point, and how the Commissioners can reach out to each other. Mr. Gilchrist stated the Commissioners can have contact with each other, but within limits. He added a Commissioner can contact the Chair or City Staff with questions. He noted soliciting comments from other Commissioners in a quorum outside of a regular meeting is not acceptable. Commissioner Hmong asked, in that case, what is the purpose of a quorum. PC Work Session Minutes 08-13-20 -2- DRAFT Chair Omari stated the concern would be if a Commissioner is contacting a number of other Commissioners to discuss a planning case. He added Commissioners can reach out to him, or Ms. McIntosh to be educated about Ordinances and other planning issues. He added it is a problem if Commissioners talk about a planning case together, outside of a meeting. Mr. Gilchrist agreed, adding it is important to have discussions that lead to a recommendation, but those discussions must stay in the public domain, or the Commissioners could be found in violation. Commissioner Hmong asked if she may talk to other Commissioners if she has a question about zoning or requires additional information that is not related to a particular application. Mr. Gilchrist stated the Open Meeting Law would still be triggered, as any Planning Commission related discussion must occur at a public meeting. Commissioner Sizi Goyah stated he is still using his personal email address to receive emails related to Planning Commission meetings. He added City Staff was going to look into getting separate emails for the Commissioners, so they can keep Commission communication separate from personal emails. Ms. McIntosh stated, before the pandemic, there was discussion at the staff level about designing a new City website, and getting new email addresses, but she is unsure if and when that will happen. She added the City Council does not have City email addresses. She agreed to bring it up with the City Clerk. Commissioner Goyah asked whether he could create a new email address to be used for Planning Commission emails. Ms. McIntosh confirmed this but added he would need to ensure that he checks the email regularly, since all official Planning Commission emails would go to that new email address. Mr. Gilchrist stated the Commissioner’s private lives would not become public if their emails were to be required as evidence. He added the only issue would be if Planning Commission business is addressed in personal emails. He noted Commissioners should avoid social media, posting information about applications, or publicly indicating a position. He stressed the importance of not talking to neighbors or applicants about an application, but rather referring them to City Staff. Commissioner Daniels stated she is currently a member of other boards at the Statewide level, and it is acceptable for people to reach out to Board members, as long as the Board members remain neutral and do not choose sides but acknowledge them. She asked whether this is the case with the Planning Commission. Mr. Gilchrist stated there will be people who contact the Commissioners and want to send them information. He added the Commissioners do not have to block them, but they should not PC Work Session Minutes 08-13-20 -3- DRAFT engage with them. He noted he is being very cautious, but the Commissioners need to be very careful when engaging in conversations that could be misconstrued. Community Development Director Meg Beekman stated the City Councilmembers get emails and phone calls from constituents all the time, and they frequently respond, and direct the person to City Staff to become part of the record. She added this would be the same process for the Commissioners. Commissioner Daniels stated she has been a community organizer before joining the Commission, and she has organized several projects within Brooklyn Center that included community involvement. She asked whether her participation could be considered a violation now that she is a Commissioner. Mr. Gilchrist stated a Commissioner should abstain from discussion and voting on a matter in which they have publicly stated a position or are involved in some way. He added it could depend upon what the project is, and whether there is a conflict of interest, such a financial interest, a family connection, or a church or business affiliation. He noted, if a Commissioner abstains, it is best to leave the dais and sit in the audience or in the case of virtual meetings, announce your intention not to participate in the discussion as a Commissioner. He noted Commissioners can still participate in a public hearing. Mr. Gilchrist stated Commissioners should be cautious about receiving gifts. He added decisions should be based on the Code, legally sound and factual decisions that can be defended in a court of law. He noted this is why City Staff puts out lengthy comprehensive staff reports with details related to the City Code of Ordinances. Mr. Gilchrist stated one Commissioner asked about the 60-day rule, which is a law that was put in place several years ago to require local governments to process applications in a more timely manner. He added a decision is required on an application within the first 60 days, and there is the possibility of extending the application another 60 days. Commissioner Daniels stated, at the last City Council meeting, there was an unfortunate incident. She asked what steps will be taken, and what policies are in place, to hold community members accountable when they call in to a virtual meeting and use inappropriate language directed at the City Councilmembers. Mr. Gilchrist stated that was an unfortunate occurrence as racial slurs were issued before the speakers could be ejected. He added the meeting could not be shut down as the hackers had entered the host’s computer, and she was unable to eject them from the meeting. He noted he has attended meetings where that has happened in person, and it is not an easy situation to deal with. Often law enforcement gets involved, but the First Amendment gives citizens a fair amount of freedom to speak as they wish. Commissioner Daniels stated the callers crossed the line. She asked about accountability. She added she wants accountability for the community members. She noted the Commissioners are PC Work Session Minutes 08-13-20 -4- DRAFT providing a service to the City, and they deserve to be respected. She asked what is the path to accountability, so people know that is not acceptable. Mr. Gilchrist stated he is unsure whether the event is being investigated, but the people in question were not from Minnesota. He added it is difficult with virtual meetings. He noted he would recommend contacting City Manager Curt Boganey to determine whether Law Enforcement is involved in the incident. 2. NAVIGATING A PLANNING COMMISSION MEETING AND DECISION- MAKING STANDARDS Mr. Gilchrist stated, with regard to Commission discussions, the group must be cognizant of the quorum and follow it. He added it is up to the Chair to remind people that they must wait to be acknowledged before speaking. Mr. Gilchrist stated the Commissioners had discussed the possibility of doing more public outreach than is currently being done, in providing recommendations for the City Council. Mr. Gilchrist stated he received a note from the City Clerk during the Work Session that the incident on Monday night is being investigated by the Brooklyn Center Police Department. Ms. Beekman stated Commissioner Hmong had asked about the Open Meeting Law, and Commissioners seeking and sharing information with other Commissioners. She added City Staff is currently in the process of updating the City’s Zoning Code, and the Planning Commission will be heavily involved in that process on an on-going basis. She noted that is a great opportunity to have conversations about zoning changes, but all projects that come through the Planning Commission will be reviewed under the existing Code until the newly updated Zoning Code is adopted. Ms. Beekman stated City Staff can provide additional information for the Commissioners if they request it, including articles or webinars, and special work sessions. She added the Planning Commission met twice a month last year during the Comprehensive Plan update, and additional meetings could be added to the schedule again, if there are topics that Commissioners would like to discuss or learn more about, and have informal conversations. She noted they would be noticed as public meetings. Commissioner Hmong asked for clarification regarding whether Commissioners are prohibited from texting each other about meetings that are noticed as public meetings. Mr. Gilchrist confirmed this. 3. ADJOURNMENT The Work Session was adjourned at 7:00 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Peter Omari, Chair PC Minutes 08-13-20 -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 AUGUST 13, 2020 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Omari at 7:00 p.m. 2. ROLL CALL Chair Peter Omari, Commissioners Alexander Koenig, Jack MacMillan, Alfreda Daniels, Sizi Goyah, Kellie Hmong, and Stephanie Jones. City Planner and Zoning Administrator Ginny McIntosh, and Community Development Director Meg Beekman were also present. 3. APPROVAL OF AGENDA – AUGUST 13, 2020 There was a motion by Chair Omari, seconded by Commissioner Hmong, to approve the agenda for the August 13, 2020 meeting as presented. The motion passed unanimously. 4. APPROVAL OF MINUTES – JULY 9, 2020 There was a motion by Commissioner MacMillan, seconded by Commissioner Hmong, to approve the minutes of the July 9, 2020 meeting as presented. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Omari explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) Planning Commission Applications No. 2020-004 and 2020-005 (Public Hearings) Applicant: C Alan Homes Property Address: 6000 (6025, 6031, 6037 and 6045) and 6900 (6921, 6927, 6933 and 6939) Blocks of Brooklyn Boulevard Summary: The Applicant is requesting review and consideration of requests, including preliminary and final plat, and site and building plan approvals, and the establishment of a Planned Unit Development that would allow two separate sets of EDA-owned lots to be developed into a series of triplexes and associated site improvements. The public hearings for PC Minutes 08-13-20 -2- DRAFT these applications were continued from July 9, 2020 to allow the Applicant additional time to address necessary easements and access off Brooklyn Boulevard. Ms. McIntosh reviewed two sets of planning applications from C Alan Homes for two triplex developments on Brooklyn Boulevard. The public hearings were delayed from the July 9, 2020 meeting to allow the applicant additional time to address easement and access issues. The applications will be reviewed together as the projects are the same but on separate sites. Ms. McIntosh stated the applicant is requesting approval of Preliminary and Final Plat for both sites, site and building plans, and the establishment of a Planned Unit Development (PUD) for both sites. Application No. 2020-004, referred to as the southern site, is located at the 6000 block of Brooklyn Boulevard, and Application No. 2020-005, referred to as the northern site, is located at the 6900 block of Brooklyn Boulevard. Ms. McIntosh stated the City was approached by C Alan Homes, a local building and remodeling company specializing in high-end single-family homes, with ties to the Brooklyn Center community. The proposals are for triplexes with 3-bedroom units on both sites. The developer has committed to providing 20% of the units for Section 8 voucher holders. The developer presented a concept plan on May 8, 2020, and thereafter, the City Council approved a Preliminary Development Agreement, giving them rights to review the properties, obtain financing and land use approvals, and, assuming it moves forward, negotiate with the EDA for purchase of the properties. Ms. McIntosh stated 37% of the City’s housing stock is comprised of rental properties that were built, on average, over 50 years ago, and the housing stock is very homogeneous. She added, during the 2040 Comprehensive Plan process, residents indicated a need for larger rental housing units, as almost 40% of the City’s households have children, which is a higher percentage than Hennepin County and surrounding areas. She noted there are not a lot of options available to families as they grow and their needs change, and because of this, residents will leave the City. The proposals are consistent with the 2040 Comprehensive Plan, and the City’s strategic goal of targeted redevelopment. Ms. McIntosh stated the two properties are located in the Brooklyn Boulevard Overlay District. The north site has a future land use designation of Neighborhood Mixed Use, while the south site is a mixture of Neighborhood Mixed Use, High Density Residential, and Low Density Residential. In calculating the allowable density range, it was determined that the proposals would fit the designation of Neighborhood Mixed Use, which allows for 15.01 to 31 dwelling units per acre. She added both sites would be re-platted to create 7 parcels on the south site and 6 parcels on the north site. Both applications are requesting the establishment of a PUD, and to be re-zoned PUD/Neighborhood Mixed Use. Ms. McIntosh stated the majority of the City’s multi-family housing units do not have more than 2 bedrooms. She added there are three rental townhouse communities in Brooklyn Center that have 3-bedroom units – Georgetown Park, Emerson Chalet and Victoria Townhomes. She noted PC Minutes 08-13-20 -3- DRAFT residents who participated in the 2040 Comprehensive Plan review process indicated a need for 3-bedroom rental units. Ms. McIntosh stated the south site is proposed to have 7 triplexes and related site improvements on a 1.65-acre site. The triplexes will have a more traditional appearance, with lap siding and front porches. The north site, which is just under 1 acre, will have 6 triplexes with more of a modern, contemporary look. She added that, per discussions with City staff, the applicant agreed to differentiate the two sites in terms of appearance. Ms. McIntosh stated the south site will have parking in the back of each triplex, with 3 units in each building. The basement units will have a large window well, and the ground floor unit will have access from the front porch. All units will meet ADA accessibility guidelines. The main access for the south site will be from 61st Avenue, with a right-out only onto Brooklyn Boulevard. Ms. McIntosh stated the south site is within the Brooklyn Boulevard Phase 2 improvements project area that will begin next year. As a trail is proposed along the west side of Brooklyn Boulevard, it will require additional easements that will affect the buildable portion of the south site. Minimum parking requirements will be met if the southernmost proposed trash enclosure is relocated. City Staff have indicated that the trash enclosure can be relocated to the west. Ms. McIntosh stated the north site will have a similar layout to the south site but will require a second, separate parking area, and access will be located off Lee Avenue North. There will be no resident access to Brooklyn Boulevard due to a restriction from Hennepin County, but there will be an emergency access in place to access Brooklyn Boulevard. Ms. McIntosh stated the north site has a parking requirement of 2 spaces per unit, and it is approximately 6 spaces short of the minimum. She added there is an opportunity for additional parking in the second parking area, and City Staff has requested that the applicant explore that possibility. Ms. McIntosh stated City Staff reviewed lighting, trash, and screening proposals for both properties. She added there are additional opportunities to incorporate landscaping and plantings on both sites. She noted there is an ornamental tree on the south site that may need to be relocated as it appears to be within the sight clearance triangle. Ms. McIntosh stated the Assistant City Engineer reviewed the plans and provided comments and requirements for site plan and plat approval. The Building Official noted there would be Sewer Access Charges from Metropolitan Council, which is typically handled during the permit process. Hennepin County provided comments on driveway accessibility to Brooklyn Boulevard. Ms. McIntosh stated the north site has an 18 foot drive aisle; a 20 foot drive aisle is required per Fire Code. She added sprinklers will need to be installed if the drive aisle width requirements are not met. Ms. McIntosh stated the public hearing was posted in the Sun Post on June 25, 2020, and notifications were sent to property owners near the two sites. Signage was installed on the two PC Minutes 08-13-20 -4- DRAFT sites by City Staff, indicating that the proposed developments are being reviewed by the City and offering a contact number for questions and comments. Ms. McIntosh stated she was in contact with the owner of Slim’s, located to the south of the north site, but no comments were provided. City staff was also in receipt of comments from a few property owners in proximity to both sites. Following the request to continue the public hearing to the August Planning Commission Meeting, City staff sent updated public notices out to both taxpayers and residents in vicinity of the two project areas. Ms. McIntosh stated one public hearing will be held for both applications, but two motions will be required to address the two separate Planning Commission Applications. She added City Staff recommends that the Planning Commission recommend City Council approval of the preliminary and final plat, site and building plan, and PUD for the two applications. OPEN TO PUBLIC COMMENTS – APPLICATION NOS. 2020-004 AND 2020-005 There was a motion by Commissioner Daniels, seconded by Commissioner Koenig, to open the public hearing on Application Nos. 2020-004 and 2020-005. The motion passed unanimously. Kristine Weeks, 6018 Ewing Avenue North, asked whether the PUD will extend to the entire block and if the zoning of her property will change as part of the PUD. Lisa Cheske, 6945 Lee Avenue North, stated her property is behind the north site. She expressed concern about parking and traffic that these units will bring to Lee Avenue North. She added there are already problems with residents at Willow Lane Apartments parking in front of their houses all night, and they are never ticketed. She noted the residents of the proposed triplexes will not have enough onsite parking, and they too will be parking on Lee Avenue North. Tamika Baskin, 6042 Ewing Avenue, asked whether the developers will continue to manage the properties after they are developed. She also asked what the developers are planning in terms of privacy barriers between the units and adjoining properties. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Koenig, seconded by Commissioner Daniels, to close the public hearing on Application Nos. 2020-004 and 2020-005. The motion passed unanimously. The developer stated the intent with having 3-bedroom units is to bring a product that is in high demand for families in Brooklyn Center. He added it is probably not likely that there will be 2 cars per unit for every unit, as there may be single-parent families with one car. He noted it is not anticipated that parking will be a problem with where the sites are located, and the style of product that is proposed. Ms. Weeks asked whether the proposal is to change land usage for the whole block or just this property. PC Minutes 08-13-20 -5- DRAFT Ms. McIntosh stated the zoning changes will only apply to the proposed sites, which are currently owned by the Economic Development Authority of Brooklyn Center, and not the surrounding private properties. She added the designation of Neighborhood Mixed Use was identified in the 2040 Comprehensive Plan process as desirable for areas with residential and commercial uses. Ms. McIntosh stated, in response to Ms. Baskin’s question regarding buffering between the proposed development and adjacent properties, the developer will be required to provide a buffer. She added City Staff are requiring a minimum 6-foot fence to screen the parking lot area and block glare from headlights. The developer stated, in response to Ms. Baskin’s question regarding property management, they have engaged the services of a property management company, as they continue to do more quality projects in Brooklyn Center. Ms. McIntosh stated she was contacted by the owner of Slim’s, and she provided for him a copy of the north site plan. She added she has not received any comments from him. Ms. Beekman stated City Staff put signage on the two sites and sent mailers to neighboring properties and the surrounding neighborhood. She added City Staff received a few phone calls inquiring about the projects, including a call from a resident of an apartment building adjacent to the north site who frequently walks along Brooklyn Boulevard. The resident expressed concern about sidewalk maintenance, lighting and landscaping, and was happy to hear that the sidewalk would be maintained and set back from the boulevard. She noted the resident recognized that trees would need to be removed and wanted to make sure there would be landscaping to replace them. Chair Omari called for questions and comments from the Planning Commissioners. Commissioner Koenig asked how many buildings are proposed on each site. Ms. McIntosh stated there are 7 buildings proposed on the south site, each with 3 dwelling units, for a total of 21 units. She added the north site would have 6 buildings with 3 units each for a total of 18 dwelling units. Commissioner Koenig asked how the units will be designated for the 20% of Section 8 housing, as referenced in Ms. McIntosh’s presentation, and how that will be distributed in terms of actual units. The developer stated they were negotiating with the Mayor, and he requested consideration of 20% of low-income affordable housing. He added this is not part of their business model, but they considered it and discussed it with City Staff, and came to the conclusion that it is a concession they can give to the Mayor and the City of Brooklyn Center. He added there will be a total of 6 or 7 garden view units that will be designated for low-income housing, with 3 to 5 units on the south site and the remainder on the north site. He noted the south site has 4 buildings, so there will probably be one of these units in each building. PC Minutes 08-13-20 -6- DRAFT The developer stated the product they will be building are identical in quality to the single-family homes they are building and selling in Edina, which City Councilmembers and Commissioners have visited. He added the units will have most of the same quality finishes, including windows, custom cabinetry, and flooring. He noted the garden view units have deep window wells and big windows to bring in lots of light, and the Section 8 units will have all the same quality fixtures as the other units. Commissioner Koenig stated this should be a great product. He added it was discussed at a previous Planning Commission meeting that consideration of rents lower than market rate might prevent the developer from being able to bring this development forward. The developer stated the team has been working over the past few days to review and discuss with City Staff how to pull it all together and provide the same quality product. He added he is confident they can do that, and they have agreed to the Section 8 housing units. Commissioner Daniels asked whether the developer is describing the inclusionary housing model. She asked whether every building will have affordable units. The developer stated each building will have one unit set aside for Section 8 voucher holders. Commissioner Daniels asked what affordability will be for the units, based on the Area Median Income. She asked for an estimate on low-income affordable pricing for the units. Ms. Beekman stated the developer has not requested any subsidy from the City, and their intention is to charge market rates for the units, which are affordable at 70-80% of the Area Median Income (AMI). She added rents in Brooklyn Center are lower relative to other areas in the region, and this is intended to be a market rate development. She noted the developer will set aside 20% of the units for Section 8 voucher holders, who typically make below 30% AMI. Ms. Beekman stated, for Section 8 housing, the property manager can only charge a certain amount over prevailing market rents, in this case, less than what they will be charging for other units, or around 60% AMI. She added the renter pays 30% of their income, and the Metro HRA voucher makes up the difference. Commissioner Daniels asked why the low-income, affordable units will only be located on the lower level. The developer stated all the units will be identical. He added rental rates go up the higher in the building the unit is located, although the units are all fairly close in price. He added the garden level units will be reserved for Section 8 voucher holders, and they will have the same quality amenities and fixtures as all the units on an amazing piece of property. Commissioner Daniels asked to see depictions and floor plans of the lower level units. Chair Omari requested that Commissioners ask all their questions at one time in the interests of time. He requested that Commissioners address the Chair before speaking. PC Minutes 08-13-20 -7- DRAFT Commissioner Hmong asked what the dollar amount is for 30% AMI. Commissioner Daniels asked whether the affordable units will be on the lower level of each building. The developer confirmed this. Commissioner Daniels asked why they cannot be located on different floors if the prices are similar. The developer stated that is something that can be considered. He added they are working to bring an expensive product to Brooklyn Center, and rent levels will help offset some of the losses they will incur. He added he grew up in Brooklyn Center, his business partner grew up in Brooklyn Center, and his mother still lives here. He noted the intent is to bring a product that the City has never had, and the margins will be thin, especially with the concessions they have been asked to give to the City, which they are trying to accommodate. Commissioner Daniels asked whether the developer will be requesting TIF money. The developer stated no TIF funding is being requested. Ms. Beekman stated, in answer to Commissioner Hmong’s question, the AMI in Hennepin County for a family of four is approximately $100,000, so 30% AMI is approximately $31,020. She added the numbers are in table form and she can provide them for the Commission’s review. Commissioner Goyah stated he is concerned about the affordability of the units. He added, according to 60% AMI, residents will need to be earning about $64,000 to live in these units. He added he is unsure what the average annual income is in Brooklyn Center. Commissioner Goyah stated he is concerned about parking, as the developer indicated it is based on the assumption that there will be single-parent families. He added there may be families with adults who all have cars. Commissioner Goyah asked whether the units will have accessibility for older people and people with disabilities. Commissioner Goyah asked whether the trash enclosure on the south site is going to be moved, as requested by City Staff. Commissioner Goyah stated he agrees with Commissioner Daniels regarding the developer allowing Section 8 housing voucher holders to have units other than the garden level. He added restricting people to the lower level will stigmatize lower income families. Ms. Beekman stated the 3-bedroom units will be affordable at 70-80% AMI, or around $72,000. She added the annual median household income in Brooklyn Center is $61,000. She noted median income is closely linked to housing stock, because people live where they can afford to live. Ms. Beekman stated housing stock in Brooklyn Center is 50-60 years old and generally homogenous, which is considered naturally occurring affordable housing, and multi-family developments in the City have 1-bedrooom and 2-bedroom units, with the exception of the three PC Minutes 08-13-20 -8- DRAFT townhome developments mentioned earlier. She added rental rates in new construction developments is higher, because they are new developments. Ms. Beekman stated the proposed development is a unique product, known as the “missing middle”, and it is not being built in other communities because there is not a lot of profit associated with it. She added City Staff conducted a recent land use study along Brooklyn Boulevard, and found that multi-family housing is not feasible without some form of subsidy as rents in Brooklyn Center are not enough to cover the high costs of construction. She noted this medium-density development will work without the need for TIF or other subsidy because the developer has mission-driven components, as they are from the community and they are committed to the product, and also because they are the builder and developer. Ms. McIntosh stated one of the south site trash enclosures was located in front of the front building line and was using space that could be used for parking. She added City Staff are requesting that the trash enclosure be moved toward the median to free up space, and gain 2 parking spaces, which may require some additional landscaping changes. Ms. McIntosh stated the developer is required by law to comply with Minnesota Accessibility and ADA Code requirements. She added this information is included in the Staff Report as Exhibit F. Ms. McIntosh stated, with regard to concerns about residents parking on City streets, she does not know if the applicant has gotten that far in the process. She added there appears to be the opportunity to add at least two more parking spaces. She noted part of this request is for a PUD, which allows for some flexibility. Ms. Beekman stated City Staff completed a parking study of multi-family units a few years ago as part of a development request that required parking reduction. She added City Staff found that the average parking was 1.7 stalls per unit, and 1.5 stalls per unit at night, which is fairly consistent across suburban communities. Ms. McIntosh noted this development is at approximately 1.6 stalls per unit, which would increase to 1.77 stalls per unit if two additional parking spaces are added. Ms. Beekman stated City Staff have moved this request forward without significant concerns about parking as it is in line with the parking study completed under a previous City Council, and in line with what other communities are doing. She noted two stalls per unit is considered high by today’s standards. Ms. McIntosh added that both sites are in close proximity to bus stops along Brooklyn Boulevard. Ms. Beekman stated she would like to have a conversation with the Commissioners in another meeting about the impact of parking on housing affordability and equity. Chair Omari stated there is a chat question from Commissioner Jones: “Is the only parking available in the parking spots?” PC Minutes 08-13-20 -9- DRAFT Ms. McIntosh stated garages were considered but they were costly and took up valuable space. She added the sites will have surface parking. Commissioner MacMillan asked whether the units will each have outdoor living spaces. The developer stated the main level units will have a front porch. He added small community spaces will be located at ground level between the buildings, with charcoal grills and raised garden beds. Chair Omari asked whether there will be a parking garage. He asked where snow will be piled in the winter. He asked whether there is anything the City can do to make more units that are affordable. Ms. McIntosh stated City Staff will work with the applicant to address snow removal, which will be addressed as part of the building permit process. Ms. Beekman stated, with regard to the affordability question, the City does not currently have an inclusionary housing policy. She added the developer does not plan to request subsidy, and an affordability component will not be required. She noted the City Council reviewed this issue and indicated they would like to see 20% of the units set aside for Section 8 voucher holders, and City Staff have been working with the developer to make that happen with the understanding that the City may need to step in at some point with some kind of subsidy. Ms. Beekman stated City Staff are working on an inclusionary housing policy that was scheduled for City Council review at a recent meeting that was adjourned early. She added it is hoped that this will be reviewed by the City Council at an upcoming meeting. She noted, moving forward, there will hopefully be something in place in the near future, but that is not the case today. Commissioner Daniels stated she would prefer to have the applicant answer Commissioner’s questions, rather than hearing answers from City Staff. Chair Omari called for motions on the two Resolutions. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2020-005 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-004 SUBMITTED BY C ALAN HOMES There was a motion by Commissioner Koenig, seconded by Commissioner Daniels, to approve Planning Commission RESOLUTION NO. 2020-005 recommending City Council approval of the preliminary and final plat, site and building plan and Planned Unit Development for the subject property located at 6025, 6031, 6037, 6045 Brooklyn Boulevard, subject to the Conditions of Approval. Voting in favor: Chair Omari, Commissioners Koenig, MacMillan, Daniels, Goyah, Hmong, and Jones. And the following voted against the same: None PC Minutes 08-13-20 -10- DRAFT Motion passed unanimously. Discussion during motion: Commissioner Goyah asked whether a modification can be made to the Resolution, as questions remain regarding units for Section 8 Housing and affordability issues. Mr. Gilchrist stated the Commissioners can offer changes in the form of a motion and second to amend the Resolution. He added a vote would be taken and if the amendment passes, the original motion would be moved as amended. ACTION TO APPROVE AN AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 2020-005. There was a motion by Commissioner Goyah, seconded by Commissioner Hmong, to approve an amendment to Planning Commission Resolution No. 2020-005 to include a statement that the applicant will not limit Section 8 Affordable Units to a specified floor within the buildings that have Section 8 units. Discussion during the motion: Commissioner Koenig stated, while he understands the importance of not stigmatizing renters, to use Commissioner Goyah’s term, the units that will be built are all high level, luxury units. He added many residents prefer garden level living. He noted the developers are already making many concessions and they seem to be increasing, and this will not serve the need for a diversity of economic ranges for this development. He respectfully disagreed that this would place folks under a stigma. Commissioner Daniels stated, while many renters may prefer a lower level, it would be great to give them a choice of where they want to live. She added the applicant mentioned earlier that they were amenable to working with City Staff to make other units available to Section 8 renters, because the rent costs would not be that much different. She noted the point of inclusionary housing is to provide variety for renters within a development so there is no discrimination. The developer stated he will work with City Staff to accommodate the request to have Section 8 units on all floors. The developer stated they want to do something that no other developer is currently doing in Minnesota. He asked that the Commissioners consider that impact. He noted there is a thin margin with no subsidy dollars, and other developers are not interested in this business model, but he and his partner are interested because of personal reasons. He noted he can guarantee in writing that they will not put all Section 8 units on one level. Mr. Gilchrist stated there is a motion and second, and an action must be taken. He added the Commissioners could choose to vote it down or adopt the amendment as it seems consistent with the applicant’s intentions. PC Minutes 08-13-20 -11- DRAFT Vote on the motion to amend the Resolution: Voting in favor: Commissioners Daniels, Goyah, Hmong, and Jones. Voting against: Chair Omari and Commissioners Koenig, and MacMillan. Motion passed (4 in favor to 3 against). Mr. Gilchrist stated a motion and second have been made to approve Resolution No. 2020-005 and a roll call vote is needed. Vote on the motion to approve Resolution No. 2020-005 as amended: Voting in favor: Chair Omari, Commissioners Koenig, MacMillan, Daniels, Goyah, Hmong, and Jones. And the following voted against the same: None Motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2020-006 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-005 SUBMITTED BY C ALAN HOMES There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve Planning Commission RESOLUTION NO. 2020-006 recommending City Council approval of the preliminary and final plat, site and building plan and Planned Unit Development for the subject property located at 6921, 6927 and 6933 Brooklyn Boulevard, subject to the Conditions of Approval. Voting in favor: Chair Omari, Commissioners Koenig, MacMillan, Daniels, Goyah, Hmong, and Jones. And the following voted against the same: None Discussion during motion: Commissioner Koenig asked whether Commissioner Goyah’s amendment should be included in this motion for consistency. Mr. Gilchrist agreed. ACTION TO APPROVE AN AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 2020-006 There was a motion by Commissioner Goyah, seconded by Commissioner Hmong, to approve an amendment to Planning Commission Resolution No. 2020-006 to include a statement that the applicant will not limit Section 8 Affordable Units to a specified location within the buildings. PC Minutes 08-13-20 -12- DRAFT Vote on the motion to amend Resolution No. 2020-006: Voting in favor: Chair Omari and Commissioners Daniels, Goyah, Hmong, and Daniels. Voting against: Commissioners Koenig, and MacMillan. Motion passed (5 in favor and 2 against). Vote on the motion to approve Resolution No. 2020-006 as amended: Voting in favor: Chair Omari and Commissioners Koenig, MacMillan, Daniels, Goyah, Hmong, and Daniels. Motion passed unanimously. Chair Omari called for a 5-minute recess. 6b) Planning Commission Application No. 2020-007 (Public Hearing) Applicant: Wayne Brown of W K Brown, LLC Property Address: 2590 Freeway Boulevard Summary: The Applicant is requesting review and consideration of requests for site and building plan and Planned Unit Development amendment approvals that would allow for the expansion of an existing restaurant space into a new three-story, approximately 14,000 square foot restaurant with event center and related site improvements. Ms. McIntosh reviewed an application from Wayne Brown LLC for site and building plan approval and PUD amendment for expansion of an existing restaurant space into a new 3-story, 14,000 square foot restaurant and event center with related site improvements. She added the subject property, Jammin Wings Restaurant, connected by breezeway to the Country Inn & Suites, would be converted to Johnny’s Italian Steakhouse and Lounge, with event center space on the main and upper floors. Ms. McIntosh stated the site plan was originally approved in 1996, as part of a 13-acre site development that was rezoned from I1 Light Industrial District to PUD-I1. This included the hotel, a T.G.I. Fridays, which is the subject property, and another restaurant to the east that was never developed. The current proposal is to construct 2 additional levels above Jammin Wings to include event and conference space, a wedding chapel, rooftop terrace, and year-round green space. The applicant is proposing that the 2nd and 3rd floors be situated to the west to avoid the costly relocation of rooftop utilities. Ms. McIntosh stated, with regard to exterior building materials, the proposed expansion would be complementary to the existing restaurant building, with a brick and stucco panel façade as well as awnings for the Italian steakhouse feel. PC Minutes 08-13-20 -13- DRAFT Ms. McIntosh stated parking was approved in the 1996 PUD for 381 parking stalls across the 3 lots, figuring in restaurant patrons and employees as well as hotel guests and employees. She added the applicant has not provided information on the total combined numbers of employees for the restaurant and event center uses. She noted parking would need to be reviewed as part of the building approvals process, but based on current seating occupancy, 285 parking spaces would be required. Ms. McIntosh stated the original approval included a joint parking and access agreement that allows reciprocal parking use between the subject property and the hotel but does not include the 3rd undeveloped property into the agreement; therefore, that parking cannot be counted towards additional spaces. Ms. McIntosh stated exterior lighting is covered in the original PUD and must continue to meet those requirements. Any new or additional lighting would need to meet City Code requirements with special consideration given to lighting on the side of the building that faces hotel rooms, and sufficient lighting for patrons in the parking lot. Ms. McIntosh stated that, whether a City entertainment license is required or not, as this is a PUD, City staff is requiring the applicant to comply with all provisions of said entertainment license under Chapter 23 of the City Code of Ordinances. This means the applicant would need to comply with all provisions, including noise restrictions after 10:00 p.m. Ms. McIntosh stated the hotel and restaurant currently share a trash enclosure that is located mostly on the Jammin Wings property. The applicant would need to review whether the current trash enclosure and trash collection is sufficient, and whether a cover or additional screening is required, as it may be visible from above. The existing enclosure has an opaque wood fence. The applicant will need to comply with all City Code requirements. Ms. McIntosh stated a landscape plan was approved in 1996, and the applicant will need to review that plan to ensure that they are in compliance, as well as meet the City’s landscaping and plants points policy, as part of the building permit process. There are currently overgrown plants and weeds on the property that will need to be addressed. Ms. McIntosh stated the applicant is proposing a 200-square foot digital dynamic messaging sign on the building’s south elevation which faces the freeway. Other signage is requested with the steakhouse name and logo and canopy signage. City Code allows up to 15% wall signage on an adjacent wall surface for each elevation of a building. City Staff is comfortable with the messaging sign but will require that sign can be used for public messaging and alerts due to visibility from the freeway, and no off-site advertising. Ms. McIntosh stated the applicant has indicated an intention of making improvements to the stormwater pond on the north end of the site but did not provide detailed plans. She added City Staff will not allow that to proceed until plans have been received, including necessary approvals related to wetland delineation. She noted the proposed building will need to meet all building Code and fire Code requirements, as well as provide a structural assessment to ensure the existing structure can support two additional floors. Compliance with ADA requirements and emergency access will also be required. PC Minutes 08-13-20 -14-DRAFT Ms. McIntosh stated notification of the public hearing was posted in the Sun Post on July 30, 2020, and notification was sent to nearby properties. A sign was posted on the site by Public Works, stating that the site is under review for redevelopment. And providing contact information for comments or questions. No public comments were received, but City Staff were contacted by Country Inn & Suites management just prior to the meeting. The hotel’s Regional Manager sent an email, which indicated that, while they like the applicant and should like to have such a use, the current business operation and complaints on file indicate that the plan is unacceptable due to the current noise, garbage, and incidents of violence that occurs in the parking lot until at least 2:00 a.m., disturbing hotel guests. The Regional Manager indicated the business concept is a great idea, but without customer control, it will be a further threat to the safety of their guests. The Regional Manager provided video footage and a list of complaints. Ms. McIntosh stated, based on City Code, City Staff recommends that the Planning Commission recommend City Council approval of the application from Wayne Brown LLC for site and building plan approval and Planned Unit Development for Jammin Wings, subject to compliance with Conditions of Approval. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2020-007 There was a motion by Commissioner Koenig, seconded by Commissioner Daniels, to open the public hearing on Application No. 2020-007. The motion passed unanimously. Cheri Singleton stated she is the Assistant General Manager at Country Inn & Suites. She added she does not have any questions about the proposal. She noted, with the new development, parking would be even tighter than it is currently, and there would be no way to control noise and disturbance to the hotel guests. Kristine Weeks, 6018 Ewing Avenue N, stated the email from Country Inn & Suites was well- written, and as a resident, she agrees with the hotel’s viewpoint. She added it would be great to have an event center, but noise and drinking in the parking lot will continue to happen no matter what kind of precautions are taken. She noted she agrees that this will ruin the hotel’s business. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2020-007. The motion passed unanimously. Chair Omari called for questions and comments from Commissioners. Ms. McIntosh stated the applicant, Wayne Brown, joined the meeting. Chair Omari asked the applicant to provide responses to the allegations listed in the email from Country Inn & Suites, regarding the night club environment. Mr. Brown stated there is no intention of having a night club, as this will be an event and meeting space. He added the new use will solve that problem. He added the amount of required parking will depend upon occupancy, which can be reduced to accommodate parking. PC Minutes 08-13-20 -15- DRAFT Mr. Brown stated they are not planning on having a night club. He added he has been at Jammin Wings for 7 years, and he has upgraded the building and given it curb appeal. He added he has worked with Country Inn & Suites to reduce tensions. He noted there will not be a night club anymore, because the 5-star restaurant, weddings, and meetings will improve the quality of the atmosphere, and he plans on putting a lot of money into the building, which he will not jeopardize. Mr. Brown stated he plans to give back to the community, including an event called “grand market”, to be hosted by the event center, doing community development with the Police and Fire Departments, and bring the community together. Chair Omari stated music and noise from the rooftop open space will disturb hotel guests. Mr. Brown stated the open space will be moved 70-100 feet further away from the hotel, and he plans to do sound insulation. He added there is currently no music on the patio after 10:00 p.m., and that will be the same with the rooftop bar. Chair Omari stated people loitering in the parking lot after functions could continue to be a problem and was expressed as an issue by the hotel management. Mr. Brown stated people who go to weddings and meetings will not stay in a parking lot to party after the event, and most of the event center guests will be staying in the nearby hotels. He added security cameras are planned in the parking lot and a fence on the far side near the pond. He noted the pond area will be very expensive, with a beautiful bridge and aeration sprinkler, and they want to put a fence around it to prevent homeless people from sleeping in that area. Commissioner Jones stated, to confirm, Mr. Brown is saying there will not be a nightclub environment anymore. She asked whether there will be DJ nights. She asked whether the space will only be available for weddings and events. Mr. Brown confirmed that is what is being planned. Commissioner Jones asked whether the event center that is planned, if approved, can be changed by the applicant at any time. She asked whether the applicant could move away from the proposed events center model. Mr. Brown stated that is not in the plans. He added he is putting a lot of money into remodeling and bringing in a 5-star restaurant, and it will not be a night club, which is a scenario that he is trying to move away from. Commissioner Koenig stated the original 1996 PUD stresses the importance of providing public benefit. He asked whether another events center is in the public’s best interests, competing with Earle Brown Heritage Center, and future development at the Opportunity Site. He asked whether the Police Department has weighed in on this application. He asked whether the City is participating in financing the project. He added Mr. Brown has stated the business will not be a night club anymore, which seems to indicate that Jammin Wings is a night club, but that is not its current use. Mr. Brown confirmed that Jammin Wings is not a night club. He added the City is not providing financial assistance. PC Minutes 08-13-20 -16- DRAFT Commissioner Koenig asked City Staff whether Public Safety has given this application any consideration. He added the staff report indicated that there is only a verbal agreement with the restaurant franchise, and the possibility that the plan could fall through after three years, and lack of Plan B if that happens. Mr. Brown stated he has run Jammin Wings for 7 years, and if the plans fall through, he will continue to run a restaurant. He added he decided to go with Johnny’s because a friend of his knows the CEO, and they are a high-quality restaurant. He noted he is unable to sign an agreement with them until he has City approvals. Mr. Brown stated Johnny’s will be able to do catering for the weddings and conferences at the events center. He added this will be a successful venture for Johnny’s. He noted it will be a benefit to have fine dining in Brooklyn Center, instead of going downtown or to Maple Grove. Commissioner Koenig stated he agrees that the possibility of a good restaurant is a positive aspect. He added, however, Mr. Brown will be operating three separate entities. He asked how the rooftop space and events only modelled on bookings will be self-sustaining. He noted Jammin Wings currently has difficulty sustaining on days other than Friday and Saturday. Mr. Brown stated there will be a lot of people looking to book weddings, and businesses who will want to have events and conferences. He added there is a generous market, and they plan to have unique models like the 200-sq ft message board, that can be used to convey wedding messages. Mr. Koenig asked Ms. McIntosh whether Public Safety has weighed in. He added there are legitimate concerns and what hotel management is saying has shown itself to be true. He requested clarification on why the City would compete against itself, with Earle Brown Heritage Center. Ms. McIntosh stated she contacted one of the Code Enforcement Inspectors in her department and forwarded the plans and the Police are aware of the proposed project. She added she did not receive a formal response back from the Inspector or Police yet. She noted she is aware that there have been issues with people being outside in the parking lot after hours, and some issues with over occupancy. Mr. Brown stated he is aware of Country Inn & Suites’ comments, and he wants to be done with that. He added he is trying to move the project forward, so that will not be consistently going on. He noted he would like to move on, and elevate the business, and move forward in a positive way. Chair Omari stated Mr. Brown’s business neighbor has indicated they have had issues with people in the parking lot and loud music disturbing their hotel guests. He added this is a business neighbor that Mr. Brown plans to do business with, and their complaints have not been resolved. PC Minutes 08-13-20 -17- DRAFT Mr. Brown stated the events center will bring business to nearby hotels and other businesses in the area. He added there is a lot of history, including repeated requests for police assistance that he never received. He noted these are not issues that should be addressed at this meeting. Commissioner Daniels stated she has visited Jammin Wings and enjoyed the amenities. She added she feels this is a really good business idea for the community. She noted, from her perspective, it will uplift the hotel. Commissioner Daniels asked whether Mr. Brown will address concerns about safety and noise in the parking lot, and what resolution there will be to those problems. She asked whether Mr. Brown is willing to work with the City to address these issues. Mr. Brown stated there are more security measures that would have to be taken in cooperation with the Police Department. He added, as a business owner, it is difficult to disrespect your customers and throw them out of your business. Commissioner Daniels stated she has seen security personnel at Jammin Wings. She asked whether Mr. Brown plans to continue to have security personnel at the events center to enforce the rules and not utilize police support. Mr. Brown confirmed there will be additional security personnel, as this will be a very expensive project with an elaborate bridge and flower gardens, and it will be necessary to prevent vandalism. He added there is no doubt in his mind about the location of Brooklyn Center and where he is putting a business. He noted there will be security cameras and security personnel so that the events center will be a safe place for patrons. Commissioner Goyah stated he has been at Jammin Wings many times and he has seen good things and he has seen not so good things, but he is okay with Mr. Brown’s plans. He added he has questions about the noise issue. He added he looks forward to having a nice restaurant in Brooklyn Center. Commissioner Daniels stated she would like to clarify that people who want to make public comment are not required to share their address. She added this was addressed at the Supreme Court level. Mr. Gilchrist stated it is standard practice to ask members of the public to identify themselves for the record, but if they refuse to do so they will not be prohibited from providing their comments. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2020-007 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-007 SUBMITTED BY WAYNE BROWN OF W K BROWN LLC There was a motion by Commissioner MacMillan, seconded by Commissioner Hmong, to approve Planning Commission RESOLUTION NO. 2020-007, disposition of Planning Commission Application No. 2020-007 for site and building plan and PUD amendment approvals for the subject property located at 2590 Freeway Boulevard, known commonly as Jammin Wings Restaurant. PC Minutes 08-13-20 -18- DRAFT Voting in favor: Chair Omari, Commissioners MacMillan, Daniels, Goyah, and Hmong. And the following voted against the same: Commissioners Koenig and Jones. The motion passed (5 in favor to 2 against). 7. DISCUSSION ITEMS 7a) CITY COUNCIL UPDATE Ms. McIntosh stated City Council meetings were previously conducted via Webex, and recently they switched to Zoom. She added, beginning with the next Regular Session, City Council meetings will be going back to Webex. 7b) NEXT PLANNING COMMISSION MEETING Ms. McIntosh stated the Planning Commission’s next meeting will include a review of an application from Nompeng Academy at 63rd Avenue and Noble Avenue to consolidate two properties purchased by the Academy for green space to the Nompeng Academy property. This is a requirement under the Zoning Code in situations of properties under common ownership that are adjacent to one another. 8. OTHER BUSINESS There were no Other Business items. 9. ADJOURNMENT There was a motion by Commissioner Daniels, seconded by Commissioner Koenig, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:00 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Peter Omari, Chair ________________ App. No. 2020-008 PC 09/10/2020 Page 1 Planning Commission Report Meeting Date: September 10, 2020 Application No. 2020-008 Applicant: Educational Properties II, Inc. Location: 6201 and 6225 Noble Avenue North, and 4701 63rd Avenue North Request: Preliminary and Final Plat for Nompeng Addition INTRODUCTION Educational Properties II, Inc. (“the Applicant”) is requesting review and consideration for preliminary and final plat of NOMPENG ADDITION, which encompasses the properties located at 6201 and 6225 Noble Avenue North, and 4701 63rd Avenue North (“the Subject Property”). Chapter 35 (Zoning) of the City Code of Ordinances requires that multiple parcels of land which are contiguous, serve a single development, and are under common ownership, be combined into a single parcel. The Applicant is also requesting vacation of existing easements under separate application through the City. The Subject Property is currently on the market. As the request is for a re-plat, a public hearing was published in the Brooklyn Center Sun Post on August 27, 2020, and mail notifications were sent to properties within the vicinity of the Subject Property per City Code and State Statute requirements (Exhibit A). COMPREHENSIVE PLAN AND ZONING STANDARDS • Application Filed: 08/08/2020 • Review Period (60-day) Deadline: 10/07/2020 • Extension Declared: N/A • Extended Review Period Deadline: N/A Map 1. Existing Site Configuration of Subject Property. ________________ App. No. 2020-008 PC 09/10/2020 Page 2 2040 Future Land Use Plan: PSP/Institutional and Low Density Residential (3.01-5 DU/Ac.) Neighborhood: Kylawn Current Zoning: R1 (One Family Residence) District Surrounding Zoning: North: R1 (One Family Residence) District East: R1 (One Family Residence) District South: Airport Overlay District-City of Crystal (Crystal Mac Wildlife Area) West: R1 (One Family Residence) District Site Area: 14.22 acres BACKGROUND The main portion of the Subject Property, which encompasses 13.57 acres of the total 14.22 acres, is located at 6201 Noble Avenue North, and was constructed in 1965 as the Orchard Lane Elementary School. Orchard Lane was subsequently closed and the Odyssey Academy opened, where it remained for 19 years before closing in 2017. In 2018, site plan amendments were requested under Planning Commission Application Nos. 2018-005 and 2018-009 to allow for the opening of Nompeng Academy, a Kindergarten through 8th grade charter school. These improvements included the expansion of the on- site parking lot, the addition of a dry pond and bio-filtration basin, a gated bus driveway, and certain site improvements. The existing school building is approximately 54,800-square feet in size and one story in height. Pursuant to City Zoning Code Section 35-310, Subpart 2, “Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education” are allowed by Special Use Permit in the R1 (One Family Residence) District. The City was unable to determine through historical records if the Property was ever approved with an original Special Use Permit to operate the school. For all intents and purposes, the Subject Property has functioned as a school use since 1965. In 1993, Planning Commission Application No. 93-017 was reviewed and approved by the Planning Commission and City Council for a 2,800-square foot addition, interior remodeling and expansion, and an expansion to the parking area. As part of this Application, a Special Use Permit was issued “ex post facto” for the school use. Educational Properties II, Inc. acquired two single family residential properties located at the northeast corner of Noble Avenue North and 63rd Avenue North, and known as 6225 Noble Avenue North and 4701 63rd Avenue North, in 2019 and subsequently demolished the homes to allow for additional green space. As the Subject Property is currently on the market, the City of Brooklyn Center has requested the Applicant consolidate the three parcels into one property, as outlined under Section 35-540 (Combination of Land Parcels): ________________ App. No. 2020-008 PC 09/10/2020 Page 3 PRELIMINARY AND FINAL PLAT REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documentation (Exhibit B). Comments regarding this application can be found in the memorandum to City staff and dated September 3, 2020, attached hereto (Exhibit C). The Applicant will need to provide a working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities, and copies of all easement documents for the City to review. Legal descriptions and easement vacation documents will also be required, and an updated certified abstract of title or registered property report shall be provided to the City Engineer or City Attorney for review and comment. A 10 foot drainage and utility easement shall be dedicated on the plat around the entire perimeter of the Subject Property and a Utilities and Facilities Agreement shall be recorded for the stormwater feature, which was required as part of the improvements to Nompeng Academy, as memorialized under Planning Commission Application No. 2020-009. The memorandum also requests that the Right-of-Way dedication along Perry Avenue North be widened to a total width of 60 feet to provide consistency with the adjacent properties, and a minimum two (2) foot trail easement along the west side of Noble Avenue North. APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2020-008 for the re-plat of certain property located at 6201 and 6225 Noble Avenue North, and 4701 63rd Avenue North (“the Subject Property”) to NOMPENG ADDITION: 1. Approval of the preliminary and final plats for NOMPENG ADDITION are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated September 3, 2020. a. Any easement vacations required as part of the platting process and as determined by the Assistant City Engineer shall be considered under a separate and formal City easement vacation process, and shall receive City approval prior to recording of plat with Hennepin County. 2. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). 3. Any comments and/or requirements as provided by Hennepin County. 4. Any comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. 5. The successful recording of said plat (mylar) with Hennepin County. 6. All conditions of approval as outlined under Planning Commission Application Nos. 2018-005 and 2018-009 and associated City Council Resolutions are to remain in effect, and any outstanding items are to be addressed prior to sale of the Subject Property. a. Any future proposed building and site improvements to the Subject Property shall require formal City approval. RECOMMENDATION Based on the above-noted findings and conditions, City staff recommends: ________________ App. No. 2020-008 PC 09/10/2020 Page 4 The Planning Commission recommend City Council approval of the requested preliminary and final plat for NOMPENG ADDITION for the Subject Property commonly known as 6201 and 6225 Noble Avenue North, and 4701 63rd Avenue North, subject to the Applicant complying with the Approval Conditions as noted above. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolution to be provided at the September 10, 2020 meeting. Attachments Exhibit A- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated August 27, 2020. Exhibit B- Planning Commission Application No. 2020-008 Application and Documentation. Exhibit C- Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated September 3, 2020. Exhibit A 2020-008 08/08/2020 Exhibit B REVISED M E M O R A N D U M DATE: September 3, 2020 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary/Final Plat Site Plan Review - Nompeng Public Works staff reviewed the following documents submitted for review for the proposed Nompeng Addition plat: Preliminary/Final Plat dated July 14, 2020 Subject to final staff final plat approval, the referenced plans must be revised in accordance with the following comments/revisions. Preliminary Plat/Final Boundary 1. Verify existing boundary along Noble Ave and ownership of Outlot 5 of Bergstrom’s Lynside Manor 4th Addition 2. Verify existing boundary along Nompeng parcel and Noble Ave. Note says that this property was conveyed (which would indicate fee title) per Document No. 3543908. If conveyed as fee title, then remove from plat area. 3. Verify existing boundary along Nompeng parcel and Perry Ave. Waites 2nd Addition included a 1 foot wide Outlot One between Perry Ave and the Nompeng parcel. (See document No. 827226) 4. Verify existing boundary along Nompeng parcel & Perry Ave. Note says that this property was conveyed (which would indicate fee title) per Document No. 3543911. If conveyed as fee title, then remove from plat area. Easements 5. Provide drainage & utility easements over the existing wet lands, existing and proposed storm water management features, shared/public utility lines and area included as Zone A on the Fema Flood map. Ensure 36” storm from Perry Ave to wetland is within drainage & utility easement. 6.Provide separate street easement for turn-around on Noble Ave. 7.Rededicate existing sidewalk easement along 63rd Ave. 8. Provide a 2’ trail easement on the west side of Noble Avenue. (verify that 2’ is enough space for the 2 encroachment areas adjacent to the power poles) Right of Way 9. Increasing right of way dedication along Perry Ave to provide a total right of way width of 60 feet (consistent with adjoining properties). General Comments 10.Need working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities and provide all easement documents for the City for review. Exhibit C Nompeng Plat Review Memo, Sept 3, 2020 11. Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 12. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 13. A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 14. Submit recorded Utilities Facility Agreement for stormwater features, which where apart of the Nompeng Site improvements approval 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 b y the City.