MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING

Transcription

1 APPROVED MINUTES MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING September 12, 2018 Approved Minutes 1. CALL TO ORDER The meeting was called to order at 7:00 PM. 2. ROLL CALL/PLEDGE OF ALLEGIANCE Those present were: Commissioners Hanson, Herbers, Husain, Kiekow, Kisch, Mersereau, Mohamed, Morton-Spears, and Vosberg; Community Development Intern Nellie Jerome; Senior Planner Larson; Planning Director Sherman; Council Member Liaison Jacobson. 3. EXPLANATION BY CHAIR 4. APPROVAL OF AGENDA MOTION VOSBERG, SECOND MOHAMED TO APPROVE THE SEPTEMBER 12, 2018 AGENDA. MOTION CARRIED UNANIMOUSLY. 5. CONSENT AGENDA A. Minutes August 8, 2018 MOTION VOSBERG, SECOND KISCH, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 6. PUBLIC HEARING A. Villas of Rush Creek Trail (Ramsay Properties) Rezoning and Plat # for 10 single-family association-maintained units northeast of 101 st Avenue and Fallgold Parkway. Senior Planner Larson explained there are two components of this application. The first part is a rezoning from R-2B to R-4B which allows for medium density in a single-family zoning district. The second part is a plat to subdivide the property of approximately 2.5 acres into 10 singlefamily association-maintained lots, also known as detached townhomes. Page 1 of 9

2 Senior Planner Larson stated that a couple of years ago the Villas of Rush Creek Trail, directly east of the proposed site, was approved which included the same rezoning, a plat, and a comprehensive plan amendment changing the land use from low to medium density residential. Senior Planner Larson clarified that the possibility of future expansion on the proposed property has always been anticipated, and the developer included a ghost plat with the original approved proposal. The plans are nearly the same as the ghost plat, except for two lots rotated to front Fallgold Parkway instead of the proposed extension of 102 nd Lane. Senior Planner Larson described the site today as foliage with some unhealthy trees that would be removed. The new construction designs would be the same type of coordinated units constructed to the east. Staff is recommending approval. Bill Ramsay of Ramsay Development, the applicant, stated that this property was obtained this year after ongoing discussions since He noted that the ghost plat did not include a full extension of 102 nd Lane to Fallgold and had 6 lots fronting Fallgold with 4 lots fronting 102 nd Lane. However, the Fire Marshall requires 102 nd Lane to go out to Fallgold. He reiterated that one of the residents requested two of the properties to be rotated out to front Fallgold instead of the 102 nd extension. He explained the ten homes are proposed to have crawl-space foundations as that is the most frequent request they are receiving. Commissioner Chair Hanson opened the public hearing. Jennifer Fernholz, nd Lane N, explained that the information provided to her and her husband never included a road going through to Fallgold. She stated they specifically purchased their lot, at a higher rate, as they wanted to be on a dead end. She is disappointed and is concerned with possible traffic coming in on a road that is not wide enough for two cars to pass through at the same time. She suggests flipping all the houses to front Fallgold and keep the private road with the existing fire hydrant as is. She requested the Commission to consider other options of connectivity such as a walking path. Jennifer stated that she is also speaking on behalf of her neighbor Sharon who has concerns with the trees in the out lot. Jennifer conceded that a lot of the trees are dead, but she hopes a couple of the trees can be kept if the road doesn t go through as planned. Joe Wiatros, Chowen Lane North, stated his concern regarding the new sidewalk down on 101 st and Fallgold as it meets up with the corner in a T shape. He noted there is a power pole in the way but believes construction of a more useful sidewalk can be coordinated. He described other areas in and nearby the development where the sidewalks, trails, and connections are fragmented. He explained this causes pedestrians to walk out onto the street or cut through someone s yard. Mr. Wiatros described trail access to a nearby park where the curb comes down at a straight up and down angle. He witnesses people try to climb over large snowbanks to get to the park as well as a recent incident where a young girl hit the curbing and tumbled down. He hopes that a crossing or ramp is implemented. Page 2 of 9

3 Seeing no one approach the podium, Commissioner Chair Hanson closed the public hearing. Bill Ramsay explained the T shape of the sidewalk connection on Fallgold is due to a giant power pole with high voltage on top, and beside that there is a fiber optic post. Mr. Ramsay stated that discussion with small utilities would be necessary to determine if it is possible to straighten out the angle of the sidewalk. He is happy to straighten out the sidewalk if possible as it is cheaper, but the sidewalk as proposed is usable. Mr. Ramsay noted that Ramsay Development and the City decided jointly on the trail connection to the park to remove the drive-over curb and replace it with a high back curb. He explained the rationale for this design was that the City did not want children to cross the trail at that location. Furthermore, Mr. Ramsay explained that the City received complaints from residents in nearby developments, including Villas at Rush Creek Trail, that cars were incorrectly using the trail as a roadway. The curb change solved the car problem, and this is the first time hearing of a child accessing the trail at that point. He described that the sidewalk, which is plowed year-round, does tie back into the trail system about 100 feet to the left for ease of access for all users including cross-country skiers and those in wheelchairs. Mr. Ramsay stated the extension of 102 nd Lane would be 24 feet wide which will allow for two cars to pass in addition to parking on one side. Mr. Ramsay explained that it is his preference to not have all 10 homes go out to Fallgold, as he believes this allows for a more unified neighborhood in addition to meeting Fire Department requirements. Commissioner Mohamed asked for clarification that the construction of the road in question is a requirement of the Fire Department for access to the development. Bill Ramsay answered that the Fire Department is requiring the road to be extended to Fallgold. He explained that the original plan available since 2015 showed a road extension as a possibility if the land immediately west was acquired. Mr. Ramsay described that the end of the road as is stops suddenly as if it were to be extended. Commissioner Mohamed asked if Mrs. Fernholz acquired her property prior to Bill Ramsay explained Mrs. Fernholz acquired her property in Jennifer Fernholz added that at the time of purchase Ramsay Development did not yet own the proposed site, and the plan available did not show the road going through to Fallgold as this parcel of land was going to be separate. Senior Planner Larson stated that it is true that this property was previously approved as the Hidden Trail Estates plat for six single-family lots. The information provided to Mrs. Fernholz at the time of purchase was not false, but the previous developer did not proceed. He reiterated that this property was something Mr. Ramsay was trying to obtain since the first part of this development was in the planning stages. The ghost plat prepared as a normal part of the Page 3 of 9

4 review process with the City is what the current plan is based on. Senior Planner Larson clarified that when the road is more than 150 feet in length the Fire Department requires the road to go all the way through or have a turnaround, but the turnaround would sacrifice yard space, green space, or possibly a unit altogether in this instance. Commissioner Mohamed asked for clarification as to what was reflected on the plans provided to the Fernholzes. Senior Planner Larson confirmed that at the time of purchase the approved plan was for six single-family homes all fronting Fallgold. Bill Ramsay clarified that when the original development was approved in 2015, the City Attorney required that each resident receive association documents that reflect potential for additional real estate to be acquired as associations must declare this possibility before the first property is sold. He confirmed the same language and ghost plat were provided to every home. Commissioner Mohamed stated his concern is with the excess road and asked if the road was shown as a potential possibility. Bill Ramsay confirmed there was a road on the 2015 ghost plat provided to Homeowners. Commissioner Mohamed asked if the oak trees on the property had any historical significance. Bill Ramsay confirmed that the trees are not 100-year-old oak trees, and the trees need to be removed for proper storm water drainage. All the pine trees on the property are dying. There are about six oak trees to the north, and they flagged one that they believe would be outside of the drainage area. A field survey was completed 9/11/2018, and the engineers are to determine whether that tree can stay. The rest of the trees on the 2.5 acres must go. Commissioner Vosberg asked if it is the rotation of the two houses that is causing the requirement of the road with the Fire Department. Bill Ramsay stated that plans for the road were always there, and the original plan was to have 4 homes front on 102 nd Lane. However, after working with a resident, they rotated the two homes to the south of the road so that the resident didn t have to see the side of the houses as it was preferred to look at yard space. Commissioner Vosberg asked if all 10 houses can face Fallgold. Bill Ramsay explained that in design discussions with City staff the goal was to have a cohesive development, and the road makes a point to include the 10 new households. Otherwise the only way for the new households to access the association would be to drive around the site. Commissioner Vosberg pointed out that the eight homes facing Fallgold don t have immediate Page 4 of 9

5 access into the association, so the inclusivity is only somewhat addressed. She believes this is not enough reason for an additional road when the initial intent was a dead-end. Commissioner Vosberg asked for the reasoning for the noted gap in the sidewalk on Fallgold. Bill Ramsay explained that there is one pre-existing home that has not yet been acquired where there is no sidewalk. He does hope to acquire this lot in the future when the home is for sale, but at this point the elderly resident asked politely for there not to be a sidewalk placed in her yard when he made the offer. Senior Planner Larson added that City staff does promote connectivity and cohesiveness in developments instead of separation and division. The proposed design was in hopes to foster a feeling of inclusiveness for the new residents of the association as they will be paying dues for a road anyways, and this way it ties together. The City traffic engineer did not have concerns of this road being used as a cut-through as the roads don t go anywhere that would save time for outside drivers. Commissioner Kisch stated for the commission that while tree preservation is encouraged, there is no ordinance. He agreed with Commissioner Vosberg regarding the road element, understands the value of connectivity from a neighborhood standpoint, and thinks this could be established with a pedestrian access connection. He stated he understands the expectations of Homeowners when they purchased specific lots, but at the same time development and markets change, so expectations are open to reinterpretation. He stated that he will examine this from a zoning code perspective. Commissioner Husain asked if the two remaining units would still fit if they faced Fallgold. Bill Ramsay answered that he hasn t done the math at this point to be able to confirm that there is enough space. Commissioner Kisch stated that since the previous developer s plans for this parcel were approved in 2017, prospective Homebuyers at that time were reasonable to assume that the ghost plat would not move forward. He asked if there were any open houses or outreach with the residents of the association since Bill Ramsay reiterated that they have showed this design as a potential additional real estate possibility with the use of a ghost plat since He stated that the property became available only six weeks ago. Ramsay Development sent a letter a month ago to notify the residents that they were moving forward with the development and offered availability to residents for further comment. He personally sent a letter to the residents indicating questions and concerns can be brought to him directly. He attempted to address concerns that were brought forward as exemplified with the two rotated units. Commissioner Vosberg stated she wants to consider having the connection to the association be Page 5 of 9

6 a trail rather than a road and have all 10 homes front on Fallgold. Senior Planner Larson stated that a trail is something that could be considered. He discussed a slight concern with the proximity to the trail crossing and the driveways since all 10 would be going out to Fallgold. He stated that since there is another public hearing in two weeks, this application could be tabled until then allowing for further review of the design unless the commission is ready to make a recommendation to council. MOTION HANSON, SECOND MOHAMED TO TABLE THE APPLICATION # FOR VILLAS OF RUSH CREEK TRAIL 4 TH ADDITION (RAMSAY PROPERTIES, LLC) UNTIL THE NEXT PUBLIC HEARING TO BE HELD ON 9/26/2018. Commissioner Chair Hanson clarified that a public hearing was added to the work session scheduled for the end of the month. Commissioner Herbers asked if rotating the last two homes to front on Fallgold eliminates the need for the proposed roadway or would the Fire Department require an access point anyways. Senior Planner Larson answered that an earlier draft provided to City staff showed the extension of the road with a total road length over 150 feet which requires a turnaround for the Fire Department unless it goes all the way through to Fallgold. MOTION CARRIED UNANIMOUSLY. B. West River Road Addition (Shawn Williams) Plat # to subdivide property into two single-family lots at 9203 West River Road N. Community Development Intern Jerome introduced the application as a request for a subdivision and variance to the minimum total lot area. She explained that the applicant, Shawn Williams, is requesting this on behalf of his sister-in-law, Channadda Virasih, the property owner. They would subdivide the current lot roughly in half and build a single-family home on the new lot. She stated the current house faces West River Road N, and the new house would front 92 nd Ave N. She explained both lots would meet minimum frontage requirements as well as all other relevant codes except for both lots would be 1500 square feet below the required minimum lot area for R-2 zoning. Intern Jerome stated that while they would be the two smallest lots in the neighborhood, this would not be noticeable from the street view since the frontage requirement would be more than satisfied. She noted that some neighborhood comments were received. Staff is recommending approval. Shawn Williams stated that his wife and sister-in-law purchased this lot about 30 years ago as one extended combined lot that included nd Ave N. He explained the intention was always for there to be three homes, and utilities were stubbed in for three homes. He stated that a road easement of 60 feet on the western edge of nd Ave N forced the first house to be moved over to the east which has in turned caused issues with the total square footage of Page 6 of 9

7 the remaining lots. He noted that the road was never built. He stated that he did look over the neighborhood comments received. One concern was the density of the area, but he reiterated that the intention was always to have three homes. He discussed the other concern regarding the look and feel of the neighborhood, and he assured the commission that the difference in lot size of roughly 15 feet in depth would not be visible from the front. Commissioner Chair Hanson opened the public hearing. Seeing no one approach the podium, Commissioner Chair Hanson closed the public hearing. MOTION MOHAMED, SECOND HANSON TO RECOMMEND APPROVAL OF PRELIMINARY PLAT WITH VARIANCES TO LOT AREA FOR RIVER VIEW WEST ADDITION SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Commissioner Mersereau asked why the City Council denied this request years ago when this subdivision was originally presented. Intern Jerome stated the concern was the minimum area lot requirements. MOTION CARRIED UNANIMOUSLY. Commissioner Chair Hanson asked when this item would go to City Council. Planning Director Sherman confirmed all the items moving forward would go to council 9/24/2018. C. Suite Living (Hampton Companies) Conditional Use Permit # for a 32- unit senior assisted living and memory care facility. Senior Planner Larson introduced the application for an assisted living facility across the street from City Hall on the northeast corner of 85 th Ave N and Regent Ave N. The site is zoned as Planned Community Development District which has flexible terms for site development if it is consistent with the comprehensive plan. The proposed use is a combination of commercial and residential. He referenced the comparable B-1 zoning district intended for office space which does allow for care facilities with a Conditional Use Permit. He described the building as L shaped with a parking lot on the southwest corner of the site and driveway access that is lined up with the median island break on Regent Ave N. Senior Planner Larson stated the Fire Department said the parking lot would allow for truck turnaround. He described the building as similar to an extended stay hotel suite setup as units would have sleeping space, a mini kitchen for snacks, and a bathroom. Main congregation and meals would be held in the common areas. He stated there is a locked down wing of the building dedicated to memory care. He noted that it is expected the residents would not drive, so the parking shown is sufficient and exceeds requirements for this type of use. He stated it may get crowded during holidays, but City Hall would be available for overflow parking. Senior Planner Larson recommended adding No Parking on their street frontage as a condition as parking on the street would be too tight with the median. He recommended fitting in one more evergreen in the landscaping plan as well as ensuring proper planting for wet conditions around the rain garden. Staff is recommending Page 7 of 9

8 approval. Joe Larson, the President of Hampton Companies and CEO of Suite Living, explained that they operate a similar facility in Vadnais Heights that is completely full. He reiterated that residents of the facility do not drive as they are in the end-of-life stages. He clarified there is a typo on the dollar amount spent in payroll, that figure should be $685,000 instead of $285,000. Commissioner Chair Hanson opened the public hearing. Seeing no one approach the podium, Commissioner Chair Hanson closed the public hearing. Commissioner Mohamed agreed that this facility is needed for the large population of elderly residents in the community. He added there is a high demand for health care related jobs in this City and hopes that priority for staffing would be given to Brooklyn Park residents. He asked if more units could be added to the facility. Joe Larson stated that their preferred business model is to keep the facility small for more of an intimate clubhouse feel. He noted that they opened one other facility in Roseville this past August that was smaller at 25 units, and it is already 30% full. He stated they would like to stick to the smaller size as they have found success with this model, and it allows them to focus on the most important thing which is the care of the people. Commissioner Morton-Spears welcomed Suite Living to the neighborhood, and hopes the residents love kids as there is a daycare next door. Joe Larson stated they look forward to seeing how they can get the residents involved with the kids as much as possible. Commissioner Kiekow asked if there is any forethought into what happens to the facility when the clientele ages out. Planning Director Sherman answered that all the data available at this time suggests that this will be a necessity for the next 30 to 40 years. She imagines that the building could be easily converted into several things such as office space, daycare, group homes, and treatment facilities. She clarified that when a Conditional Use Permit is approved any other type of use that wants to come in later would need to go through an amendment process allowing the City to have a voice in what the future holds. Commissioner Morton-Spears stated she understands Commissioner Kiekow s concern, but that the building lay-out allows for flexibility in future use such as a school or medical office. MOTION HANSON, SECOND MERSEREAU TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR A 32-UNIT SENIOR ASSISTED LIVING AND MEMORY CARE FACILITY AT 8500 REGENT AVENUE NORTH, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Page 8 of 9

9 MOTION CARRIED UNANIMOUSLY. 7. OTHER BUSINESS (none) 8. DISCUSSION ITEMS (none) 9. INFORMATION ITEMS A. Council Comments Council Member Liaison Jacobson stated that at the regular council meeting on 8/27/2018 they approved the TIF plan for the site in Northland Business Park, the Conditional Use Permit for GameFace Training at 7035 Winnetka Avenue N, and the Conditional Use Permit Amendment to add and expand outdoor storage area at Border States Industries. B. Commission Comments Commissioner Vosberg stated she is the liaison to the Recreation and Parks Commission which has not held another meeting since the August Planning Commission meeting. C. Staff Comments Planning Director Sherman reminded the commissioners of an invitation to a dinner event next week to mark the kickoff of the market surrounding the proposed LRT extension. 10. ADJOURN TO WORK SESSION A. Project Hot Dish Scannell Development 11. ADJOURNMENT Commissioner Chair Hanson adjourned the regular portion of the meeting at 8:06 PM. Respectfully submitted, Natalie Davis Planning Assistant Page 9 of 9