1B PLANNING COMMISSION 0B Regular Meeting Agenda

5200 85TH AVENUE NORTH BROOKLYN PARK MN 55443 PHONE (763) 424-8000 FAX (763) 493-8391

Wednesday, January 13, 2016 -7:00 P.M. City Council Chambers

1. 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.”

4. APPROVAL OF AGENDA 5. CONSENT AGENDA

A. None

6. PUBLIC HEARING A. Sunkist Acres 2nd Addition- Case# 15-134 Plat to subdivide 3.70 acres into one single-family lot

and one park outlot and rezoning 2.78 acres to Conservancy District. Location: 8048 Mississippi Lane Staff Report: Todd Larson 7. DISCUSSION ITEMS A. None

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 493-8012

8. OTHER BUSINESS A. Becoming an Age Friendly City B. Approval of Minutes- December 09, 2015 minutes 9. INFORMATION ITEMS A. LRT Community Update B. Commission Comments 10. ADJOURNMENT

City of Brooklyn Park

Planning Commission Staff Report Agenda Item: 6A

Meeting Date: January 13, 2016

Agenda Section: Public Hearing

Originating Department: Community Development

Resolution: X

Prepared By: Todd A. Larson, Senior Planner

Ordinance: X

Attachments:

5

Presented By: Todd A. Larson, Senior Planner

Item:

Sunkist Acres 2nd Addition (City of Brooklyn Park) – Plat #15-134 to subdivide 3.70 acres into one single-family lot and one park outlot at 8048 Mississippi Ln. N. and rezoning 2.78 acres to Conservancy District.

Proposed Action:

MOTION _______ SECOND _______ TO RECOMMEND APPROVAL OF PLAT #15-134 OF “SUNKIST ACRES 2ND ADDITION” SUBDIVIDING 3.70 ACRES INTO ONE SINGLE-FAMILY LOT AND ONE OUTLOT AT 8048 MISSISSIPPI LANE NORTH, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION.

MOTION _______ SECOND _______ TO RECOMMEND APPROVAL OF REZONING #15-134 2.78 ACRES FROM SINGLE-FAMILY ESTATE DISTRICT (R2) TO CONSERVANCY DISTRICT (CD) AT 201 81ST AVENUE NORTH.

Overview: In the fall of 2014, the City of Brooklyn Park purchased a 2.73-acre property at 8048 Mississippi Lane North. This large-lot property contains a single-family home. The proposed plat will subdivide the property into two lots. The house will be on a new 0.83-acre lot (Lot 1) that will be resold and 2.78 acres (Outlot A) will be added to adjacent River Park. Outlot A also contains 0.6 acres of land from vacating a portion of 81st Avenue that was platted with the original Sunkist Acres plat in 1914. The vacation is necessary to clarify ownership of the land directly north of the single-family lot.

The Recreation and Parks Master Plan identified this area as an opportunity for expanding River Park should adjacent properties come on the market. Staff discovered that the property had been listed for sale and contacted the listing agent about purchasing. The property was not acquired by eminent domain. Though the Master Plan did not specify exactly how much land should be added to River Park, additional opportunities will be evaluated should they arise in the future.

In mid-2016, the Recreation and Parks Department will be engaging the neighborhood about what changes they would like to see in River Park. A portion of this new park property could be used for storm water management due to an eroding storm drain near the southeast corner of River Park adjacent to the newly-acquired property. This action also contains a motion to re-zone the park parcel from the Single-Family Estate District (R2) to Conservancy District (CD). The single-family lot will remain in the R2 district.

Page 2 Primary Issues/Alternatives to Consider: 1. Approve the plat and rezoning as presented. 2. Approve the plat with modifications. 3. Deny the plat and rezoning based on certain findings. Budgetary/Fiscal Issues: Upon subdivision, the house and 0.8 acres will be placed on the market for resale. The property was purchased with the Open Space Land Acquisition and Development (OSLAD) fund therefore, proceeds from the sale will be returned to the OSLAD fund. Attachments: A. DRAFT PLAT RESOLUTION B. DRAFT REZONING ORDINANCE C. LOCATION MAP D. PLANNING & ZONING INFORMATION E. PLANS i:\planning\planning cases\2015\15-134 (sunkist acres 2nd addition - river park)\15-134 pc 2016-01-13.docx

PLAT RESOLUTION Page 3

RESOLUTION #2016-___

RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF “SUNKIST ACRES 2ND ADDITION”

SUBDIVIDING 3.70 ACRES INTO ONE SINGLE-FAMILY LOT AND ONE OUTLOT AT 8048 MISSISSIPPI LANE NORTH

Planning Commission File #15-134

WHEREAS, the plat of “Sunkist Acres 2nd Addition” has been submitted in the manner required for

platting of land under the Brooklyn Park Codes and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and

WHEREAS, said plat is consistent with the Comprehensive Plan, Recreation and Parks Master Plan, and the regulations and requirements of the laws of the State of Minnesota and codes of the City of Brooklyn Park, Chapters 151 and 152.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, Preliminary Plat Request #15-134 “Sunkist Acres 2nd Addition” shall be approved subject to the following conditions:

1.00 DRAWINGS 1.01 Preliminary plans on file in the City Clerk’s office dated 11-05-2015 for one lot and one outlot upon

compliance with the following requirements:

2.00 REQUIRED DOCUMENTS 3.01 Approval of Title by the City Attorney. 3.02 A final plat showing the correct square footage for each lot area must be submitted prior to recording

of the final plat.

3.03 A Resolution vacating the street right-of-way for 81st Avenue as platted in Sunkist Acres.

3.00 FINAL PLAT

3.01 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park, Final Plat Request #15-134 “Sunkist Acres 2nd Addition” shall be approved subject to the following conditions:

a. Title review by the City Attorney and all conditions therein.

Page 4

b. Easement review by the City Engineer and all conditions therein.

c. Per requirements set forth above or as subsequently amended by motion, approving the preliminary and final plat of “Sunkist Acres 2nd Addition” which is part of this resolution by reference and is on file and can be examined in the City Clerk's office.

d. Submission of a letter from the land surveyor or engineer indicating the square footage contained in each lot on the plat, per Section 151.043, Subdivision J, of the City Code.

e. Submission of a CAD copy of the plat.

BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City

Manager shall be conclusive showing of proper compliance therewith by the sub divider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the Ordinance of the City.

DRAFT ORDINANCE Page 5

ORDINANCE #2016-____

ORDINANCE AMENDING CHAPTER 152 OF CITY CODE TO REZONE PROPERTY FROM SINGLE-FAMILY ESTATE DISTRICT (R2)

TO CONSERVANCY DISTRICT (CD) AT 201 81ST AVENUE NORTH

Planning Commission File #15-134

The City Of Brooklyn Park Does Ordain:

Section 1. Section 152 of the Zoning code is amended to rezone the following property from Single-Family Estate District (R2) to Conservancy District (CD):

Outlot A, Sunkist Acres 2nd Addition, Hennepin County, Minnesota

The zoning map of the City on file with the City Clerk and referred to in Section 152 of the City Code is hereby amended in accordance with the provisions of this ordinance.

81st Ave N

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River Park

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Plat #15-134 Sunkist Acres 2nd Addition8048 Mississippi Ln N City of Brooklyn Park

250Feet

Site Location

Map Date December 4, 2015

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This is a public hearing noticemap. Properties receivingnotices are within the reddashed line.Notification distance = 500 feetSpring 2012 Air Photo.

Properties Notified

PLANNING AND ZONING INFORMATION Page 7

Land Use Plan Low Density Residential Current Zoning Single-Family Estate District (R2) Proposed Zoning Lot 1 - Single-Family Estate District (R2) Outlot A – Conservancy District (CD) Surrounding Zoning North – Conservancy District (CD) River Park South and West – Single-Family Estate District (R2) East – Mississippi River Neighborhood River Park Proposed Lot Areas Lot 1 (existing home) 0.832 acres Outlot A (park) 2.782 acres (approximately 0.6 acres are from vacated 81st Avenue) Mississippi Ln ROW 0.090 acres Conforms to: Land Use Plan – Yes Zoning Code – Yes Subdivision Code – Yes Variances Needed – None Notification Distance 500 feet

Phone (952) 937-5150 7699 Anagram DriveFax (952) 937-5822 Eden Prairie, MN 55344Toll Free (888) 937-5150

City of Brooklyn Park

Planning Commission Staff Report Agenda Item: 8A

Meeting Date: January 13, 2016

Agenda Section: Other Business

Originating Department: Community Development

Resolution: N/A

Prepared By: Cindy Sherman, Planning Director

Ordinance: N/A

Attachments:

1

Presented By:

Carol Vosberg, Task Force Representative

Item: Report on Becoming an Age Friendly City

Proposed Action: No action is proposed. Overview: In 2015 the task force on aging was formed in order to review issues, assess resources, and identify gaps regarding the changing and aging population in the city. The task force is presenting their findings and recommendations to various city commissions, committees and the City Council to raise awareness of the issues. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: 8A Report

City of Brooklyn Park Planning Commission Meeting Minutes December 09, 2015 – Regular Meeting

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DRAFT UNAPPROVED MINUTES

1. CALL TO ORDER The meeting was called to order at 7:00 p.m.

2. SWEARING IN OF NEW MEMBER MICHAEL KISCH Planning Director Sherman swore in Commissioner Kisch.

3. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners West-Hafner, Hanson, Fletcher, Jacobson, Kisch, Morton-Spears, Schmidt and Stuewe; Senior Planner Larson; Planning Director Sherman; and Mayor Lunde Those not present: Commissioner Cupka

4. EXPLANATION BY CHAIR

5. APPROVAL OF AGENDA MOTION HANSON, SECOND JACOBSON TO APPROVE THE DECEMBER 09, 2015 AGENDA.

6. CONSENT A. Cancel the Public Hearing - NorthPark Business Center Buildings 1 and 2 (Scannell Properties) –

Site Plan Review #15-124 for two speculative flex office/warehouse buildings totaling 390,000 square feet at the northeast of Highway 169 and the Rush Creek Regional Trail corridor

MOTION HANSON SECOND STUEWE TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY

7. PUBLIC HEARING A. Thanh Le Quang- Case# 15-132 Variance for fence height in the front yard at 9301 66th Place N

MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING

December 09, 2015

Unapproved Minutes

City of Brooklyn Park Planning Commission Meeting Minutes December 09, 2015 – Regular Meeting

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Planning Director Sherman stated that this request for a Variance was initiated by a complaint staff received that a fence had gone up that was blocking the clear view triangle. When a city inspector went out they found that it was blocking the clear view triangle, but that it was also too tall for the front yard. City ordinance only allows for a front yard fence to be forty two inches high. In order for it to be as tall as it is it would have to be moved back fifteen feet from the property line. That would place it very close to the front yard. Staff has asked the property owner to move the fence back about four feet so that it is on the property line and not in the street right-of-way. The Variance would be to allow a fence fifty four inches tall in the front yard. Staff feels that it is a reasonable request and recommends approval. Several e-mails were received from neighbors in support of this fence and some of them would like to speak. Commissioner West-Hafner opened the public hearing. Chris Damsgard, 6616 Gettysburg Avenue, approached the podium. He stated that this property has never looked as good as it does right now and he wanted to tell the homeowner good job. He stated that outstanding work has been going on ever since they moved in. He stated that safety for the kids is his biggest concern and it sounds like that is being addressed. John Haerle, 9309 66th Place North, approached the podium. He stated that he lives next door to the applicant and before the applicant moved in there were large lilac bushes there that you could not see around at all. The applicant took all of the bushes out and put the fence up. Mr. Haerle stated that he can see cars through the fence just fine and see any cars coming or children there. He would not have an issue with the fence staying right where it is. He supports his neighbor and wants to thank them for their hard work. Jody Addy, 6616 Flag Avenue North, approached the podium. She stated that her front window faces the applicant’s house. There are a lot of kids in the neighborhood and she knows he put up the fence for the safety of his own children. She stated that she does not have any concerns about the fence and she does not think it would be a safety concern where it is if people would drive more safely around that corner. Seeing no one approach the podium, she closed the public hearing. MOTION FLETCHER SECOND HANSON TO RECOMMEND APPROVAL OF VARIANCE TO EXCEED THE FENCE HEIGHT IN THE FRONT YARD AT 9301 66TH PLACE N SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION CARRIED UNANIMOUSLY Chair West-Hafner stated that this application will be considered by the City Council on January 25, 2016.

8. DISCUSSION ITEMS

A. None 8. OTHER BUSINESS A. Approval of November 10, 2015 minutes MOTION FLETCHER, SECOND JACOBSON TO APPROVE THE MINUTES FROM THE NOVEMBER 10, 2015 PLANNING COMMISSION MEETING.

City of Brooklyn Park Planning Commission Meeting Minutes December 09, 2015 – Regular Meeting

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MOTION CARRIED UNANIMOUSLY 9. INFORMATION ITEMS A. LRT Community Update Commissioner Schmidt stated that the meeting for December was cancelled so he has no update. Planning Director Sherman stated that the Metropolitan Council Transportation Committee approved the design and moving to the next step at their meeting a week or two ago and it is scheduled to go to the full Metropolitan Council December 11 for action. That will be the next step to moving the plans forward. There is a complete schedule going out in the Park Pages for upcoming meetings related to municipal consent for both West Broadway and the Blue Line Extension.

B. Commission Comments Commissioner Hanson stated that the special events park committee will not meet in in December. The next meeting will be in January so there is no new update.

10. ADJOURNMENT Chair West-Hafner adjourned the meeting at 7:15 p.m. Respectfully submitted, Kathy Valez, Planning Assistant