Regular Meeting Agenda

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1 1B PLANNING COMMISSION Regular Meeting Agenda TH AVENUE NORTH BROOKLYN PARK MN PHONE (763) FAX (763) Wednesday, October 11, :00 P.M. City Council Chambers If due to a disability, you need auxiliary aids or services during a Public Hearing Meeting, please provide the City with 48 hours notice by calling CALL TO ORDER 2. ROLL CALL/PLEDGE OF ALLEGIANCE 3. EXPLANATION BY CHAIR Please be advised that the public hearings are recorded and televised live on cable and web streamed over the internet. The audio system will not pick up comments from the seating area. If you want to be heard and made a part of the public record, please go to the podium, speak into the microphone, stating your full name and address. Please sign the public hearing log book on the table near the entrance to ensure accuracy of name and address in the public record. Please note that the agenda for tonight's meeting indicates that the Commission Chair has the prerogative to invoke a time limit for speakers during any public hearing in the interest of maintaining focus and the effective use of time. Thank you in advance for your cooperation. The Planning Commission consists of nine resident-volunteer members appointed by the City Council to advise the City Council on planning and land use issues. The Commission discusses and evaluates development proposals based on zoning regulations and comprehensive plan policies. The Planning Commission vote is a recommendation that is forwarded to the City Council for official/final action. 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Scannell Properties- Time extension for Site Plan Reviews for NorthPark Business Center buildings three (Case# ) and four (Case# ) 6. PUBLIC HEARING

2 A. Pinebrook Center (Kraus Anderson Realty) Site Plan Approval Amendment # to revise screening requirements Location: 95th Ave N. & Noble Parkway Staff Report: Cindy Sherman B. 610 Junction (Re-Load Investments LLC)- Case# Development Plan and Re-zoning for a business park Location: Northeast corner of 93rd Avenue and Decatur Drive Staff Report: Todd Larson 7. DISCUSSION ITEMS A. None 8. OTHER BUSINESS A. Approval of Minutes- September 13, 2017 minutes 9. INFORMATION ITEMS A. Council Comments B. Commission Comments C. Staff Comments 10. ADJOURNMENT

3 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 5A Meeting Date: October 11, 2017 Originating Agenda Section: Consent Department: Community Development Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 3 Presented By: Todd A. Larson, Senior Planner Scannell Properties Time extensions for Site Plan Reviews for NorthPark Business Item: Center Buildings #3 and #4. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF TIME EXTENSIONS FOR SITE PLAN REVIEWS FOR NORTHPARK BUSINESS CENTER BUILDINGS #3 AND #4, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the time extensions for both buildings. Overview: In the fall of 2016, Scannell Properties received Site Plan Review approval on two multi-tenant office/ warehouse/manufacturing buildings in the NorthPark Business Center Buildings #3 and #4 (Buildings #1 and #2 were approved earlier in 2016). At the time of the approvals, the developer noted the speculative nature of both buildings, as were the first two buildings. Since the approvals were granted, Building #1 has been fully leased and the construction of Building #2 is nearing completion. The plat for both buildings has been recorded. The developer is continuing to work with prospective users for these buildings. Since construction on Buildings #3 and #4 have not commenced, a time extension is necessary. Budgetary/Fiscal Issues: None. Alternatives to consider: 1. Approve the time extension as presented. 2. Deny the time extensions based on certain findings. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. LETTER FROM APPLICANT i:\planning\planning cases\2016\ (northpark building 4)\planning commission\ pc docx

4 5A DRAFT RESOLUTION Page 2 RESOLUTION #2017- RESOLUTION APPROVING TIME EXTENSIONS FOR SITE PLAN REVIEWS FOR NORTHPARK BUSINESS CENTER BUILDINGS #3 AND #4 Planning Commission Files # and # WHEREAS, Mr. Dan Salzar, on behalf of Scannell Properties, has made applications for Site Plan Review as part of the NorthPark Business Center in the BP/PD Zoning District on properties legally described as: Lot 1, Block 1, NorthPark Business Center Third Addition, Hennepin County, Minnesota; and Lot 2, Block 1, NorthPark Business Center Third Addition, Hennepin County, Minnesota; and WHEREAS, the Site Plan Review for Building #3 was reviewed by the Planning Commission on October 12, 2016, at a regular public hearing; and WHEREAS, the City Council approved the Site Plan Review for Building #3 on October 24, 2016, with Resolution # ; and WHEREAS, the Site Plan Review for Building #4 was reviewed by the Planning Commission on November 9, 2016, at a regular public hearing; and WHEREAS, the City Council approved the Site Plan Review for Building #4 on November 28, 2016, with Resolution # ; and WHEREAS, the proposed buildings and sites are consistent with the purposes of the BP/PD Zoning District as described in City Code; and WHEREAS, City Code Section (H) allows for a one-time one-year time extension; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that the approvals granted for the Site Plan Reviews for Buildings #3 and #4 are hereby extended until October 24, 2018, and November 28, 2018, respectively, unless the applicant has received valid building permits. All previously required conditions remain in effect.

5 Site Plan Review # and # NorthPark Building #3 and # Oxbow Creek Dr. N. and Winnetka Ave. N. Building #1 Building #2 Xylon Ave N Oxbow Creek Dr Building #4 Spring 2015 Air Photo (prior to roadway and area building construction) Building #3 103rd Ave N Nott Companies Winnetka Ave N GñWX 100 Feet ^_ «Map Date September 26, 2016

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7 City of Brooklyn Park Planning Staff Report Agenda No.: 6A Meeting Date: October 11, 2017 Agenda Section: Action Item Originating Dept.: Planning Division Resolution: Ordinance X N/A Prepared By: Eric Maass, Planning Consultant Cindy Sherman Cindy Sherman, No. of Attachments: 6 Presented By: Planning Director Pinebrook Center (Kraus Anderson Realty) Site Plan Approval Amendment #17- Item: 123 to revise screening requirements located at 95 th Ave N. & Noble Parkway. Proposed Action: MOTION SECOND TO RECOMMEND THE REQUEST BE DENIED FOR SITE PLAN APPROVAL AMENDMENT # (AMENDING ) TO REVISE SCREENING REQUIREMENTS LOCATED AT 95TH AVE N. & NOBLE PARKWAY. Staff Recommendation: It is recommended that the Site Plan Approval be maintained and that the fence be reinstalled as required by General Condition 4.14 as modified by the neighborhood proposal and with a change in material permitted. Update: Since the September Commission meeting staff met on site with the commercial property owners/managers and the neighbors and discussed the site with the police data staff. The police have not had significant calls or issues at the property. There were no reports of vandalism to the fence. It is apparent that the fence needs to be setback further from the curb line to accommodate snow storage, which will require the removal of some vegetation. The original approval called for a 6 cedar fence. The neighbors have submitted a proposal for fencing and landscaping to replace a portion of the fence. Staff supports this compromise between the two party s proposals and recommends the neighborhood solution to screening. Overview: The owner of the shopping center at 95 th Ave N. & Noble Parkway is requesting approval of an amendment to its Site Plan Approval to revise the properties screening requirements. The request is to amend the condition stating that a fence is required around the eastern side of the site between the commercial area and the residential area. The fence was installed as required between the commercial area and the residential area as required by Resolution # However, recent storms have blown over sections of that fence and the fence was removed. Since the original site plan approval in 2001, vegetation has matured in the area northeast of the subject

8 property. The applicant feels that mature vegetation now provides adequate screening to buffer adjacent residential properties making the portion of the fence on the northern half of the property unnecessary. Attachments: LOCATION MAP RESOLUTION SITE PLAN ORIGINAL SITE PLAN APPROVAL NEIGHBORS REQUEST PROPOSED LANDSCAPE PLAN Budgetary/Fiscal Issues: None. Alternatives to consider: 1. Approve the staff recommendation. 2. Approve the amendment as requested. 3. Approve the amendment with modifications.

9 6A DRAFT RESOLUTION Page 4 DRAFT RESOLUTION #2017- RESOLUTION TO DENY REQUEST AS SUBMITTED BUT APPROVE THE COMPROMISE SCREENING AS PROPOSED BY THE NEIGHBORHOOD TO AMEND SITE PLAN APPROVAL TO REVISE SCREENING REQUIREMENTS LOCATED AT 95TH AVE N. & NOBLE PARKWAY. Planning Commission File # WHEREAS, Kraus Anderson Realty has made an application for an amendment to the site plan on the property at 95 th Ave N. & Noble Parkway legally described as: Lot 1 and 2, Block 1, Pinebrook Centre according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, the site plan was approved in 2001 and screening to include landscaping and a six foot fence on the east side of the site was required; and WHEREAS, amending said approval document, will be unreasonably detrimental to the health, safety, morals or welfare of the persons residing or working in the adjacent neighborhood; and WHEREAS, the vegetative plantings do not provide adequate year round screening for the adjacent residential uses; and WHEREAS, the original approvals required significant landscaping and fencing in lieu of berm and setbacks required by ordinance. WHEREAS, the neighborhood has proposed a compromise solution which combines landscaping and some fence replacement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that: Site Plan Approval is hereby affirmed and the request for change is denied as presented by Kraus Anderson but approved if installed as the neighbors propose.

10 Conditional Use Permit Amendment # Kraus-Anderson Noble Pkwy. N. Pinebrook Centre Linden Ln Hollyhock Cir N Pinebrook Neighborhood Spring 2015 Air Photo Site Location GkWX Foxglove Ave N 100 Feet «Noble Pkwy N ^_ 95th Ave N Map Date September 21, 2017

11 6APage 5 PLANNING AND ZONING DATA PRESENT ZONING: NEIGHBORHOOD: CONTIGUOUS LAND USE: PUD Planned Unit Development Pinebrook North High Density Residential CONFORMANCE TO: South Park and Ride East Single Family Residential West Noble Parkway Zoning District Requirements Subdivision Ordinance Requirements Comprehensive Land Use Guide Plan Yes n/a Yes Notification 83 mailed notices sent notice sent to 212 addresses

12 PROPOSAL BY KRAUS ANDERSON 6A SITE PLAN Page 6

13 6A ORIGINAL SITE PLAN APPROVAL Page 7 From the 2001 staff report: Landscaping Site buffering has been a primary concern since initial meetings with the applicant. Landscaping a buffering has been increased significantly since the initial plan submitted to the city. Additional landscaping is intended to serve in lieu of the 35 berm requirement to residential areas, and 40 PUD green space provision between parking lot and right of way. Eastern\Northern Boundary to Adjacent Residential Area The grade drop off to the wetland area separating the commercial and residential properties prohibits construction of a berm. In lieu of berming the applicant is proposing to construct a heavily landscaped six foot wooden privacy fence. Vegetation will be planted in two tiers on the residential side of the fence, and at maturity will form a continuous vegetative screen between the properties. A combination of coniferous and deciduous groupings will be planted at foot spacing in a saw tooth pattern along the eastern boundary. Down grade, a second tier of shrub plantings has been added to provide under story coverage. The fence on the enclosed rendering will be continuous, not in broken sections as depicted. RESOLUTION # RESOLUTION GRANTING APPROVAL OF 1) PRELIMINARY NEIGHBORHOOD DEVELOPMENT PLAN 2) DEVELOPMENT PLAN AND 3) SITE PLAN # FOR A 20,850 SQUARE FOOT RETAIL CENTER AND A 12,300 SQUARE FOOT CONVENIENCE STORE, AUTOMOBILE REPAIR FACILITY AND CAR WASH LOCATED NORTHEAST OF THE INTERSECTION OF 95 TH AVENUE AND NOBLE PARKWAY WHEREAS, Kraus Anderson, Inc. has made application for a Preliminary Neighborhood Development Plan, Development Plan, Site Plan under the provisions of Section 152 of the City Code on property legally described as: That part of the northeast quarter of the southwest quarter of Section 10, Township 119, Range 21, lying westerly of the westerly line of PINEBROOK VILLAGE, except the most northerly 604 feet thereof, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, the matter has been referred to the Planning Commission who have given their advice and recommendation to the City Council, and WHEREAS, the effect of the proposed use upon the health, safety and welfare of surrounding lands, existing and anticipated traffic conditions and its effect on property values in the neighborhood have been considered, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK:

14 6A Page 9 1. It is hereby determined that the proposed development is in harmony with the general purposes and interest of the Zoning Ordinances of the City. 2. The Site Plan Review is granted to allow construction of a retail center and automobile repair, gas, convenience store and car wash be built in accordance with the conditions set forth in Exhibit Z which is made a part of this resolution by reference and is on file and can be examined in the City Clerk's office. This property is subject to the terms set forth in Exhibit Z. 3. That the petitioner shall be required to record a copy of this resolution with the Hennepin County Recorder and/or Registrar of Titles and to pay all fees for said recording and shall file proof of said recording with the City. The building permit shall not be issued until or unless the recording is made within one year from the date of this approval. The foregoing resolution was introduced by Feess and duly seconded by Meyer. The following voted in favor of the resolution: Arbogast, Draeger, Eder, Feess, Meyer, Pistilli and Trepanier. The following voted against: None. The following was absent: None. Whereupon the resolution was adopted. ADOPTED: July 23, 2001 EXHIBIT Z SITE PLAN REVIEW # FOR PINEBROOK CENTRE KRAUS ANDERSON, INC AT THE NORTHEAST CORNER OF 95 TH AVENUE AND NOBLE PARKWAY This Site Plan Review # was approved by the City Council on July 23, 2001 subject to the following terms: 1.0 REQUIRED PLANS 1.1 This Site Plan Review # for an addition as shown on site plan(s) dated July 6, 2001, stamped as Received by the City of Brooklyn Park Planning Commission July 11, 2001, and marked "Exhibit A". "Exhibit A" is attached to this permit and made a part hereto. 1.2 Street, curb and gutter and sidewalk improvements shall be made per plan(s) dated June 21, 2001, stamped as Received by the City of Brooklyn Park Planning Commission July 11, 2001, and marked "Exhibit B". "Exhibit B" is attached to this permit and made a part hereto. 1.3 Sanitary sewer, storm sewer and water service shall be provided per plan(s) dated June 19, 2001, stamped as Received by the City of Brooklyn Park Planning Commission July 11, 2001, and marked "Exhibit C". "Exhibit C" is attached to this permit and made a part hereto.

15 6A Page On-site improvements including lighting shall be in accordance with the landscape plan(s) dated July 6, 2001, marked as Received by the City of Brooklyn Park Planning Commission July 11, 2001, marked "Exhibit D". "Exhibit D" is attached to this permit and made a part hereto. Required changes to the grading and landscaping plans are detailed in this document. 1.5 All building plans and specifications for the new addition must: A.) Conform to the intent of the plans and building elevations dated July 6, 2001 stamped as Received by the City of Brooklyn Park Planning Commission July 11, 2001 and marked "Exhibit E"; B.) All materials used for the expansion including but not limited to face brick and EFIS shall be compatible with the existing exterior color. 1.6 All utility and drainage and development plans with specifications must be prepared by a Registered Civil Engineer or Landscape Architect to make this permit effective. These plans shall be approved by the City Engineer prior to issuance of any building permits. 1.7 The Preliminary Neighborhood Development Plan\Development Plan\Site plan is submitted in conjunction with the Preliminary Plat No for Pinebrook Centre. 2.0 BONDS, ESCROWS AND DIRECT PAYMENTS 2.1 An "on-site" development bond or an irrevocable Letter of Credit in the amount of $406,752 and a cash bond in the amount of $21,408 must be posted with the City. The performance bond or irrevocable Letter of Credit must be dated to expire the same as the development contract and shall have a maintenance clause guaranteeing work for one year after acceptance. Together these two bonds guarantee that the developer will construct or install the following per the plans and specifications approved by the Planning Director and the City Engineer. a. Streets b. Curb and gutter c. Traffic control and street signs d. Street lights e. Repair and/or adjustment of new and existing utilities f. On-site utilities g. Shaping and sodding of boulevards, berming, drainage-ways and other landscaping. Sodding shall be completed 30 days after structure is occupied during the sod-growing season between May 15th and September 30th or by June 15th for structures occupied between October 1st and May 15th. h. Construction of a right turn deceleration lane from northbound Noble Parkway to access the site. i. Construction of an additional westbound lane on 95 th Avenue. 2.2 A Developer's Escrow in the amount of $18, must be posted with the City Treasurer to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 3.0 REQUIRED DOCUMENTS 3.1 A Developer's Contract relating to the items covered in the developer's bond shall be signed by the developer and shall be marked as "Exhibit F". "Exhibit F" is attached to this permit and made a part

16 6A Page 10 hereof. A construction schedule must be approved by the City Engineer prior to issuance of a building permit. GENERAL CONDITIONS 4.1 It shall be the developer's responsibility to keep active and up to date the developers contract and financial surety (letters of credit, bonds, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the Engineering Department. 4.2 All Fire Department requirements including: A.) A utility plan needs to be submitted for review of fire hydrant locations and water main size for fire suppression purposes; B.) There shall be a clear space of not less than 5 feet around the circumference of fire hydrants; C.) Fire lanes identified by the Fire Chief shall have signs and yellow painted curbing; D.) Signs shall be placed at eighty foot intervals facing the painted yellow curb; E.) Signs shall be six feet high, from grade to top of signs; F.) Separate permit application and plan review will be required of the final full submittal of plans and specifications for review and comment prior to building permit being issued for this project. 4.3 All private fire hydrants shall be contracted with the City for annual maintenance and inspection. 4.4 The lowest floor of property adjacent to flood prone areas shall be at or above the Regulatory Flood Protection Elevation as defined by City Ordinance Paving requirements: a. The final site plans shall indicate final grades, location and size of utility services, thickness of paving section and location of concrete curbs and gutters. Interior paved areas of site plan shall provide for a minimum of 1% grade and.5% concrete gutter grade. Minimum paving thickness shall be three inches. b. The perimeter of all bituminous and concrete areas will be of poured-in-place concrete curb according to Engineering Department recommendations. c. The parking lot shall be required to be expanded to the north to add 80 more parking stalls if there is a proven need to provide additional parking. 4.6 Landscape: a. At no time shall Astroturf, landscape rock, or mulch be allowed to be substituted for sod in any area of the site. Landscape rock or mulch will be allowed in shrub planting beds only. b. All landscaped and sodded areas including curb islands, berms and rights-of-way that are disturbed shall be irrigated. 4.7 Lighting: a. Exterior Lighting - Shall be as indicated on the Site Plan. All lights, including those attached to the building shall be deflected downward. Lighting levels shall be 0.5-foot candle at the property line in accordance with the Zoning Code Section

17 6A Page 11 b. Building Lighting - The site will be adequately lit with the fixtures as proposed on the site plan. No light or glare shall be directed onto adjacent properties. Other lighting shall conform to the final lighting plan approved by the Planning Division. 4.8 Cross Easement Agreement: The property owner shall enter into an agreement for cross easements for ingress, egress and parking. 4.9 All signs shall conform to City Ordinance Section 150, unless hereby modified. A separate sign permit (obtained from the City code enforcement officer) shall be required prior to installing signs on the property Lots 1 and 2 of PINEBROOK CENTRE shall be subject to covenants regulating joint maintenance and architectural detail. The site shall maintain common design elements and remain architecturally consistent The proposed drainage pond located at the intersection of 95 th Avenue and Noble Parkway shall be clay lined, and irrigated to maintain a constant level. The pond shall also include a fountain Double-headed, fluted decorative lighting shall be installed along those areas of the site fronting Noble Parkway and 95 th Avenue Decorative features including benches and waste receptacles shall be included A continuous six-foot high cedar fence shall be installed along the eastern side of the property as indicated on the landscape plan Hours of operation for the gas station\convenience store shall be limited to 5:00 am to 12:00 pm Hours of operation for the car wash shall be limited to 7:00 am to 9:00 pm Hours of operation for the automotive repair facility shall be limited to 7:00 am to 5:30 pm Hours of operation for the lube center shall be limited to 7:00 am to 9:00 pm Air dryers for the car wash shall be located within the building at a minimum distance of 8 feet from the exit. The drying unit shall be a 45hp 3 nozzle Tempest Dryer or similar unit not exceeding decibel levels of the proposed Tempest Dryer unit. If sound becomes a persistent problem the City Manager shall require the owner to appear before the Planning Commission within 30 days to resolve the issue Outdoor storage of automobile parts and debris is prohibited. Vehicle repair must be completed within the enclosed facility. Garage doors shall be closed during the repair of all vehicles. Outdoor overnight parking of vehicles is prohibited All Planned Unit Development Deviations recommended for approval on the attached staff report are approved as noted.

18 6A Page If an applicant needs additional time to satisfy the requirements listed in this Site Plan Review in order to get it released for recording, then a one-year time extension must be requested. Time extension requests are subject to the conditions found in Zoning Ordinance Section Time Extensions Approval of driveway entrances on State and County highways shall be secured from the respective agencies and filed with the Community Development Director prior to release of this resolution All applicable City ordinances not specifically covered herein shall become a part of this Site Plan Review Section of the City Code (abandonment, revocation, cancellation) is marked as "Exhibit G" and made a part of this permit The undersigned agrees to provide a copy of this document to any or all purchasers and/or lessees who would continue to use the property for the purpose stated in Article # Gasoline venting tubes shall be located as approved by city staff A sign no bigger than 10 square feet be allowed on West face and South face of canopy with only letters, and these letters be illuminated with soft lighting only, and no additional signs be placed on the canopy or the canopy supports. The undersigned declares he has fully examined this Site Plan Review and all exhibits attached hereto, and agrees to all the conditions set forth. This approval will expire one year from the date of City Council approval unless all of the conditions have been met, and valid building permits are in force. In no case shall the property be used for the use in which this permit is approved until all of the conditions have been met by the petitioner and are inspected by the City.

19 6A NEIGHBORS REQUEST Page 13

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21 6A Page 15

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23 6A Page 17 March 21, 2017 Updated 7/28/17 Updated 8/15/17-9/20/17 Anne Jeske 10/5/17 Pinebrooke Centre 9636 Noble Parkway Brooklynn Park, MN KA Reality Voted 2012 Top Landscaping Company SE Metro Voted Best Landscape Maintenance Company Apple Valley 2012, 2013, 2014, 2015 and 2016 Thank you for calling The Mandinec Group Landscaping Inc. to bid on the fence replacement. Check out our A+ Accredit rating on the BBB website Project 1. Replace fence Installation of new fence 418 feet. Board on board green treated This is a strong fence and will hold up. 2 year warranty on fence. Snow maintenance will affect warranty Old fence quote at 304 line feet was $16, disposal was $ bringing it down for fence install to $11, = $39.18 per ft. install. (See Below) Project 2. Clean out and Trees Clean out back area and trim up sucker trees. Installation of a total of 9 black hills spruce.

24 Total: $ Tie into irrigation system and run drip line to all trees. $ Curtis J. Mandinec, Owner Cell: , Office: Bob Wight, Manager Cell: The Mandinec Group Landscaping Inc. Licensed: MN Department of Electricity, Power Limited Technician Licensed: Department of Agriculture. Incorporated: State of Minnesota. Insured.

25 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6B Meeting Date: October 11, 2017 Originating Agenda Section: Public Hearing Department: Community Development Resolution: N/A Ordinance: X Prepared By: Todd A. Larson, Senior Planner Attachments: 5 Presented By: Todd A. Larson, Senior Planner 610 Junction (Reload Investments, LLC) Development Plan and Rezoning # for Item: a business park northwest of of 93 rd Avenue and Highway 169. Proposed Actions: MOTION SECOND TO RECOMMEND APPROVAL OF REZONING APPROXIMATELY 62.6 ACRES NORTHWEST OF 93 RD AVENUE AND HIGHWAY 169 FROM NEIGHBORHOOD RETAIL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (B2/PD) TO BUSINESS PARK WITH PLANNED DEVELOPMENT OVERLAY (BP/PD) AND GENERAL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (B3/PD). Staff Recommendation: Staff recommends approval of the proposal with several conditions that are listed in the attached ordinance and resolution. The recommendations make sure that the intent of the Comprehensive Plan policies for the area is met. Overview: In 2009, a development plan and environmental review were approved for Gateway, a master-planned neighborhood containing corporate office, neighborhood scale retail, and multi-family housing at the southwest corner of Highways 169 and 610. After the rebound in the economy and the development of station area plans a mile to the east, the amount of office shown here is not realistic in the market. Instead of an office-rich plan, the property owner would like to shift the purpose of the land to more business park uses. An update to the environmental review was conducted in 2015 to analyze the impacts of a business park development. The property is currently zoned for office and retail uses (B2/PD). The property owner would like a portion of the Gateway rezoned to Business Park (BP) accommodate the new business park proposal dubbed 610 Junction. A new development plan is required for this proposal as well. The area to the northwest of the site is also currently zoned B2/PD and it is requested to be rezoned to B3 to allow a variety of uses as identified on the development plan. The multi-family portion of Gateway west of Decatur Drive, now owned by the Church of St. Vincent de Paul, is not included in this application. The property owner is not proposing any buildings at this time. Each site will be subject to a Site Plan Review or Conditional Use Permit in the future, depending on the uses proposed.

26 Budgetary/Fiscal Issues: None. 6B Page 2 Alternatives to consider: 1. Approve the proposal as presented. 2. Approve the proposal with modifications. 3. Deny the proposal based on certain findings. Attachments: A. DRAFT ORDINANCE B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. APPROVED DEVELOPMENT PLAN E. PLANS i:\planning\planning cases\2017\ (re-load investments, llc)\planning commission\ pc docx

27 6B DRAFT ORDINANCE Page 3 ORDINANCE #2017- ORDINANCE AMENDING CHAPTER 152 OF CITY CODE TO REZONE PROPERTY FROM NEIGHBORHOOD RETAIL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (B2/PD) TO BUSINESS PARK WITH PLANNED DEVELOPMENT OVERLAY (BP/PD) AND GENERAL BUSINESS DISTRICT (B#) NORTHWEST OF 93 RD AVENUE AND HIGHWAY 169 The City Of Brooklyn Park Does Ordain: Section 1. Section 152 of the Zoning code is amended to rezone the following described properties from Neighborhood Retail Business Distrcit with Planned Development Overlay (B2/PD) to Business Park with Planned Development Overlay (BP/PD): Outlots B and D, Gateway 3 rd Addition, Hennepin County, Minnesota; and Unplatted Minnesota Department of Transportation property at the southwest corner of Highways 169 and 610. This Planned Development Overlay has the following requirements for the 610 Junction development plan shown on Site Plan dated 9/20/2017: 1. Uses on the property shall promote a strong full-time employment base: a. Office; b. Manufacturing; c. Ancillary warehousing is limited to 30 percent of a user s building footprint. d. Warehousing and Distribution Centers as primary uses are prohibited. e. Outdoor storage is prohibited. 2. The Site Plan (page A1) dated showing the general location of the following items: a. Shared driveways, access, truck courts, and parking lots; b. Building placement; c. Shared storm water management basins. 3. The following items must be included in site plans for individual buildings and sites: a. Connected internal walkways and between building entrances, 93 rd Avenue, and Decatur Drive; and b. Shared monument or area identification signs. 4. A private shared access easement must be in place with the property to the east including both vehicular (cars and trucks) and pedestrian access (sidewalk). 5. The minimum standards of development for all buildings and sites shall include: a. A uniform style of parking lot lighting; b. High-quality building materials.

28 6B Page 4 c. An office or professional appearance of building design as opposed to a warehouse appearance. d. The appearance of the north and east buildings must be that of a two-story building. 6. A Site Plan Review or Conditional Use Permit application before the Planning Commission and City Council, as described in City Code, is required for each site prior to its construction. 7. Other provision of the City Code not modified here shall still apply. Section 2. Section 152 of the Zoning code is amended to rezone the following described properties from Neighborhood Retail Business Distrcit with Planned Development Overlay (B2/PD) to General Business with Planned Development Overlay (B3/PD): Outlot A, Gateway 3 rd Addition, Hennepin County, Minnesota This Planned Development Overlay has the following requirements for the 610 Junction development plan shown on Site Plan dated 9/20/2017: 1. Uses on the site shall conform to those listed on the Site Plan or a similar use allowed in the B3 Zoning District. 2. Auto repair and gas stations are not permitted as part of this Planned Development Overlay. 3. Buildings on sites adjacent to Highway 610 must appear to have at least two stories. 4. A Site Plan Review or Conditional Use Permit application before the Planning Commission and City Council, as described in City Code, is required for each site prior to its construction. 5. Site plans for individual users must include pedestrian connections to adjacent roadways.

29 Site Plan Review # Reload Investments NE Corner of 93rd Ave. & Decatur Dr. N.?óA@ Jefferson Hwy Future #3 Neighborhood Spring 2015 Air Photo Site Location Feet «Decatur Dr G WX 93rd Ave N ^_ Map Date October 5, 2017

30 6B PLANNING & ZONING INFORMATION Page 6 Land Use Plan Current Zoning Surrounding Zoning Mixed Use and Signature Mixed Use Neighborhood Retail Business District with Planned Development Overlay (B2/PD) West Multiple-Family Residential District with Planned Development Overlay (R7/PD) North MNDOT Right-of-Way East Urban Reserve with Highway Overlay (R1/HO) South City of Osseo Multi-Family, Single-Family, and Institutional Neighborhood Future #3 Site Area 62.6 acres (approximately) Conforms to: Land Use Plan Yes, with a plan modification Zoning Code Yes, after rezoning Variances Needed None Public Notifications 42 mailed notices 1 development sign Proposed Development Plan The property owner is requesting approval of a development plan for three business park buildings. The design of the buildings themselves will be required to come back before the Planning Commission and City Council for Site Plan Review. The development plan shows the general layout of the buildings, parking, and storm water facilities. The uses of the buildings have not been identified other than office/warehouse. The site plan shows an area to the north and west in much less detail identifying townhomes, office, and other uses. This area is requested to be rezoned to B3 to accommodate these potential uses that are allowed in that zoning district. Comprehensive Plan The southern half of the property is guided for Mixed Use developments and the northern half is guided for Signature Mixed Use developments in the City s 2030 Comprehensive Plan: Mixed Use (MX) Office Uses and commercial or retail uses that are ancillary and supportive of office uses and residential uses when integrally designed in a master plan to be approved by the City. When adjacent to Highway 610 uses must include buildings at least two stories in height with good aesthetic and architectural quality. Including: Convenience retail or service facilities; Hotels, including full service hotels and budget or limited service hotels; Sit down restaurants; Fast food restaurants; Daycare facilities; Banks or other financial institutions; Bus/Transit stations without vehicle storage, and park and ride facilities. Housing may be an integral component of the overall development plan and shall be limited to 30 % of the overall land mass. Development of sites shall occur as a cohesive process and shall maintain a proportion of 70/30 (non-residential/ freestanding residential) through-out the development process.

31 Signature Mixed Use (MX -1) Signature development at the intersection of Highways 610 and 169 to shape a strong image for the City, including the following elements: High quality and value landmark building, or coordinated group of buildings with significant height and scale. A development scheme designed with a theme or focal point to ensure a cohesive development pattern. An employment center, in order to draw daytime traffic and encourage the development of the associated uses, such as restaurants. When adjacent to Highway 610 uses must include buildings at least 4 stories in height with good aesthetic and architectural quality. Additional uses surrounding to enhance the destination sense of the area; destination uses include those activities that have a market draw beyond the local neighborhood or community. Desirable uses include: A multi-story office campus; Entertainment; Commercial recreation uses; Sit-down restaurants; Public institutions or facilities; Non-profit or semi-public facilities; Hotels; Housing when included in the master plan at a density of at least 25 units per acre 6B Page 7 The proposed 610 Junction development is shown as entirely business uses, similar to the Northcross Business Park (Wurth, Nilfisk, and Perbix) at the southeast corner of the 610/169 interchange that has the same MX-1 land use designation. In the case of Northcross, Nilfisk and Perbix are large employers. Wurth has a large warehouse component, but also a large corporate office component. These three businesses meet the intent of the designation by being an employment center in order to draw daytime traffic Wurth and Nilfisk have a partial second floor in their buildings while a building site for a four-story building up along Highway 610 is being preserved for a future office or hotel user. In the case of 610 Junction, the north building site is further away from Highway 610 than the Northcross fourstory building site. Staff feels the two-story intent of the Mixed Use will suffice on the north building as well as the east building that will have frontage on the 169/93 rd Avenue interchange. Additionally, as an employment center, the buildings uses must be limited to office and manufacturing uses with limited ancillary warehousing. The area at the northwest portion of the site includes a mix of uses. As site plans are developed, the same criteria will apply. Zoning The applicant is requesting the zoning be changed to accommodate the proposed development plan. The site is currently zoned Neighborhood Retail Business District with Planned Development Overlay (BP/PD). The zoning was put in place in 2009 to accommodate the existing development plan for retail, restaurant, hotel, and office uses. The current proposal is not allowed under B2/PD zoning due to the manufacturing and warehousing uses. Instead, the Business Park (BP) zoning is appropriate and with the Planned Development Overlay (PD) to accommodate the shared accesses and truck courts. The Overlay will also allow a narrower focus on the Business Park uses to the uses that meet the intent of the land use designations in the Comprehensive Plan. The balance of the site is requested to be rezoned to B3 allowing for a mix of commercial uses and potential housing sites. Access and Parking Access to the site will be from Decatur Drive, a public roadway connecting 93 rd Avenue to Jefferson Highway. In the middle of the site, right-of-way has been platted for 94 th Avenue to provide access to the Fischbach property to the east. The current proposal is eliminating that right-of-way and replacing it with a private shared access drive further north. This is acceptable, but a signed recorded agreement must be in place prior to vacating the 94 th Avenue right-of-way. The shared access must include a sidewalk for pedestrian access.

32 6B Page 8 Additionally, the MNDOT property to the north does not have direct access to Decatur Drive. An access easement must be in place for that parcel. One other access off Decatur Drive is shown towards the center of Building #2. The truck court between Buildings #2 and #3 shows an access to the shared access to the north. It also connects with the parking drive along the south side of the building. This southern connection will lead trucks through the parking lot and out at the access by Building #2 and should not be provided. Instead, the connection should be removed to provide additional screening of the truck court from Osseo residents. In the event the uses in the building require additional employee parking instead of the truck bays, then that access can be connected. The parking calculations provided on the site plan show an excess in parking for the assumed uses of the building. The calculations must be revised given the proposed limitation on warehousing uses. Excess parking spaces must be constructed with pervious pavement per City Code. The actual parking needs will be reviewed at the time of each building s Site Plan Review. Places shown for parking may be left unconstructed as proof of parking. Pedestrian Connections There is a sidewalk along the east side of Decatur Drive. In the future, a multi-use trail will be constructed along 93 rd Avenue linking this area with the 93 rd Avenue light rail station about a mile to the east. Two bus routes are near the site Route 782 has a stop at Jefferson Highway/Central Avenue about a quarter mile to the west and the Route 724 has a stop at 93 rd and Wyoming Avenues about a half-mile to the east. It is likely that a bus route will be added or modified to create a connection between Maple Grove to the west and the 93 rd Avenue LRT station in the future. Pedestrian connections must be made linking the building entrances with the adjacent streets. Bike racks must be places around the site in convenient locations. These connections and bike rack locations will be looked at during the time of Site Plan Review. Storm Water Management The site plan shows four ponding areas. This plan has not been reviewed for West Mississippi Watershed design criteria. The development proposal is large enough to require the Watershed s review and approval. The storm water and grading plan will be looked at in more detail during the Site Plan Review phase. Utilities Public sanitary sewer and water is available to the site via the mains located under the proposed shared access road.

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35 DRAFT UNAPPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING September 13, 2017 Unapproved Minutes 1. CALL TO ORDER The meeting was called to order at 7:02 p.m. 2. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners Fletcher, Hanson, Husain, Jackson, Kisch, Mersereau, Morton-Spears, Schmidt, and Vosberg; Senior Planner Larson; Planning Director Sherman; Council Liaison Pha Those not present: none 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION FLETCHER, SECOND SCHMIDT TO APPROVE THE SEPTEMBER 13, 2017 AGENDA MOTION CARRIED UNANIMOUSLY 5. CONSENT A. None 6. PUBLIC HEARING A. Steven Westerheim- Case# Plat for a residential lot split at 8141 West River Road Eric Maass, consultant with WSB, approached the podium. He stated that the applicant would like to split this parcel into two lots. Staff recommends approval of this lot split. Commissioner Chair Hanson opened the public hearing. Seeing no one approach the podium, Chair Hanson closed the public hearing. MOTION SCHMIDT SECOND KISCH TO RECOMMEND APPROVAL OF PRELIMINARY PLAT FOR WESTERHEIM ADDITION SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY B. Gerald Gruwell Jr & Janet Gruwell Kramer- Case# Re-platting one lot into two lots, City of Brooklyn Park Planning Commission Meeting Minutes September 13, 2017 Regular Meeting Page 1 of 12

36 re-zoning, and re-locating a detached garage at Douglas Drive N WSB consultant Eric Maass approached the podium. He stated that the lots to be split do meet the requirements of their zoning district. There are accessory buildings on site and the applicant has proposed to move one of them in connection with a Variance which is also attached to this case. The code states that the accessory structure square footage cannot exceed the square footage of the home itself. The proposed total square footage the applicant has reduced by number and the proposed Plat is not requesting any additional square footage. Staff is recommending approval. Commissioner Chair Hanson opened the public hearing. Dan Shallbetter, th Trail North, approached the podium. He stated that they built their home in Oxbow Creek West in 2007 and the builder had architectural requirements that they had to follow. He stated that his concern is in maintaining the architectural integrity of this neighborhood and he would like to ask that the Planning Commission include those builder requirements as part of the house proposed to be built. Seeing no one else approach the podium, Chair Hanson closed the public hearing. Commissioner Kisch stated that because this property is not part of the Homeowners Association it is public property and the Planning Commission is not able to apply any architectural standards above and beyond what the code allows. MOTION KISCH, SECOND HUSAIN TO RECOMMEND APPROVAL OF PRELIMINARY PLAT FOR GRUWELL ACRES SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Commissioner Fletcher stated that it looks like there is a garage that overlaps the property line. Planning Director Sherman stated that the blue line is not actually the property line; it is just showing a future boundary. The bottom of the lower portion of the property will still be part of lot two. Commissioner Vosberg asked staff if the accessory structure on lot two is already removed or is intended to be removed. Mr. Maass stated that they intend to remove it. Commissioner Vosberg asked if the park dedication has been agreed to and Mr. Maass stated yes. Commissioner Kisch made a friendly amendment to recommend approval of the Variance requested as part of the original motion. Commissioner Husain seconded it. MOTION CARRIED UNANIMOUSLY C. Kraus Anderson Realty- Case# Amend a Site Plan to replace a portion of a fence taken down by storms at 9530 Noble Parkway Eric Maass, WSB consultant, stated that the applicant thought the vegetation had grown up enough to allow screening from the residential properties to the north and east where the fence had been. He stated that the applicant thought replacing only a portion the fence would be necessary. Staff did make a site visit to the property. One thing to be noted is City of Brooklyn Park Planning Commission Meeting Minutes September 13, 2017 Regular Meeting Page 2 of 12

37 that many of the plantings are deciduous not evergreens. Homes are visible already and in the winter the current vegetation will provide very little screening. At other points the homes are even more visible. Staff is not recommending that the Site Plan be altered and that the privacy fence be required to be re-installed as it originally existed with one note that the fence be re-installed a few feet off of the curb line as it was previously on the curb line and a problem for maintenance and snow removal. Anne Jeske, property manager and agent for Kraus Anderson Realty which is the owner of the property, stated that they would be happy to add more trees for additional screening but they do not feel it is necessary to replace the whole fence. She stated that there are no late night businesses there, all of the businesses have been there for many years, and the applicant does want to work with the residents. She stated they feel the additional vegetation would solve the problem. Commissioner Chair Hanson opened the public hearing. Rich Xiong, 4034 Foxglove Avenue, stated that on behalf of himself and his neighbors, he wants the applicant to understand why the residents want the fence back up. The vegetation will die off eventually and the fence serves multiple purposes. It is for privacy during the day and at night, when cars are coming at through the retail center and flash their headlights right into their homes. The six foot fence will block those lights coming in as well as providing security as it is a deterrent. He stated that they deal with a lot of trash and the issue is not only them having to pick it up all the time but the fact that it can get caught in the multiple culverts in that pond. Seeing no one else approach the podium, Chair Hanson closed the public hearing. Commissioner Chair Hanson asked Ms. Jeske where the fence originally started and ended. Ms. Jeske stated it was across the rear of the property. Planning Director Sherman added additional detail to the location of the previous fence and where the applicant would like to start and stop the new fence and where they would like just vegetation. Commissioner Chair Hanson stated that she agrees with the applicant on what they would like to do. She stated that a lot of young people work in the center and leave between 9:00 and 10:00 pm and that there has been a lot of drug activity in the past. She was told by some of the businesses that the fence panels would be pushed down and people would hide behind them and conduct drug deals there. She was told that since the fence was taken down there is less drug activity so she will not be supporting this. Commissioner Kisch stated that he agrees with a lot that Chair Hanson said but that the seasonal vegetation does not provide enough screening but without a landscape plan. He asked Ms. Jeske if the applicant would be willing to continue this until a landscape plan can be presented, to which she responded yes. Commissioner Schmidt asked if the fence was always along most of the back of the property or if part of it was always just vegetation and part of it was fenced. Planning Director Sherman stated that the whole area was fenced per the requirement of the original Site Plan, but the applicant wants to fence only part of the property this time around and let vegetation take care of screening the rest. Commissioner Schmidt asked when the fence was installed and how long it has been down. Ms. Jeske stated that it was installed in 2002 and went down with the storm in June Commissioner Schmidt stated that he would like to see a landscape plan before making a decision also but he does feel that pine trees and other vegetation would work just as well as a fence to discourage the drug use back there. City of Brooklyn Park Planning Commission Meeting Minutes September 13, 2017 Regular Meeting Page 3 of 12