Wednesday, August 14, :00 P.M. City Council Chambers

Transcription

1 1B PLANNING 0B Regular COMMISSION Meeting Agenda TH AVENUE NORTH BROOKLYN PARK MN PHONE (763) FAX (763) Wednesday, August 14, :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 or TDD or FAX 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. 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 sign the Public Hearing Log Book. At the podium speak into the microphone, stating your full name and giving your address. 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. Harstad Hills LLC- Case# Conditional Use Permit for grading and excavation Location: SW corner of 109 th and Winnetka Ave. Staff Report: Jake Rosenberg 7. OTHER BUSINESS A. Wickford Village Revitalization (Astra Ventures) - Accessory Residential Spaces at Wickford Village Location: Wickford Pkwy west of Regent Ave. N. Staff Report: Todd Larson B. Approval of Minutes- July 10, 2013

2 8. DISCUSSION ITEMS A. Signature Development Task Force 9. INFORMATION ITEMS A City Council Liaison for August 26, 2013 Meeting- West-Hafner 10. ADJOURNMENT

3 Planning Commission Staff Report Agenda Item: 6A Meeting Date: August 14, 2013 Originating Planning and Agenda Section: Public Hearing Department: Development Division Resolution: X Ordinance: N/A Prepared By: Jake Rosenberg, CD Generalist Attachments: 4 Presented By: Jake Rosenberg, CD Generalist Harstad Hills, Inc. - Conditional Use Permit # for grading & excavation SW of Item: Oxbow Creek Drive N. and Winnetka Avenue N. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT # FOR GRADING AND EXCAVATION SW OF OXBOW CREEK DRIVE N. AND WINNETKA AVENUE N. Staff Recommendation: Staff recommends approval of the Conditional Use Permit (CUP) with the conditions outlined in the draft resolution. Overview: The applicant is requesting a CUP to relocate approximately 65,000 cubic yards of soil from the NorthPark Business Park property to the Parkside development immediately to the east. The applicant states that the Parkside site requires approximately 65,000 cubic yards of soil/fill in order to construct homes above the minimum basement floor elevation. Due to excess material located on the NorthPark Business Park property, the applicant proposes removing material from that site and hauling it across Winnetka Avenue N. to prepare and grade the Parkside site. Section of the Zoning Code requires CUP approval for grading or any action to preparing a site for development.

4 Primary Issues/Alternatives to Consider: 1. Approve the CUP as presented. 2. Approve the CUP with modifications. 3. Deny the CUP based on certain findings. 6A Page 2 Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. LETTER FROM THE APPLICANT I:\PLANNING\PLANNING CASES\2013\ (Harstad Hills LLC) grading & excavation

5 6A RESOLUTION Page 3 RESOLUTION #2013- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GRADING AND EXCAVATION SW OF OXBOW CREEK DRIVE N. AND WINNETKA AVENUE Planning Commission File # WHEREAS, Martin N. Harstad of Harstad Hills, Inc., has made application for a Conditional Use Permit under the provisions of Chapter 152 of the City Code for a property located SW of Oxbow Creek Drive N. and Winnetka Avenue North and legally described as: Unplatted land in Section 6N, Township 119, Range 21W, 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 that a Conditional Use Permit be granted for grading and excavation, subject to the following conditions: 1. The applicant shall obtain a Hennepin County Access Permit prior to commencing operations. 2. The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Permit prior to commencing operations. 3. Borrow areas shall be seeded within seven (7) days of the conclusion of grading and excavating activity, per NPDES requirements. 4. The Winnetka Avenue N. crossing shall be swept clean at the end of each work day or as directed by the City or County. 5. Excavation and hauling activities shall be completed within 30 days of commencement. 6. Hours of operation are limited to 7:00 am to 10:00 pm. 7. The area must not be used for the storage of junk vehicles, trash, debris, or other nuisance items as defined elsewhere in the City Code.

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7 6A PLANNING AND ZONING INFORMATION Page 5 Land Use Plan Current Zoning Medium Density Residential (M) Urban Reserve District/Highway Overlay (R-1/HO) Surrounding Zoning North Undeveloped R-I/HO and the City of Champlin South Conservancy District (CD); Three Rivers Park District East R-2B detached Single Family Residential; Oxbow Creek West, Third Addition West Undeveloped R-I/HO and Hwy 169 Activity Area 35 acres (approximate) Conforms to: Land Use Plan Yes Zoning Code Yes Variances Needed None Notification Distance 500 feet Hauling Traffic The applicant is proposing a 20 foot wide crossing for haul traffic going to and from the borrow area to the fill area. Haul trucks will cross Winnetka Avenue N. (Hennepin County Highway No. 103) under a Hennepin County Access Permit. The applicant will work with Hennepin County to obtain this permit. The applicant will be required to sweep the crossing at the end of each day with additional sweeping as required. Term and Hours of Operation Staff recommends that haul operation be limited to 7:00 am to 10:00 pm in conformance with the City Code s quiet hours. The applicant anticipates that the excavation will take 20 business days. Staff recommends a 30 calendar day limit to all excavating and hauling activity. Erosion and Weed Control The applicant will need to obtain an NPDES permit due to the extent of surface disturbance. The permit, issued by the EPA, will dictate stormwater and erosion mitigation measures as well as reseeding of borrow areas.

8 6A LETTER FROM APPLICANT Page 6 Narrative of Conditional Use Permit for grading/earth removal on NorthPark property: Harstad Hills Inc. is requesting a Conditional Use Permit to relocate approximately 65,000 CY of soil from the NorthPark Business Park property (210 acres in the Southeast corner of 109 th Ave. North and Hwy 169) to the Parkside development site immediately to the east of our site. The Parkside development is approximately 65,000 CY short to accommodate homes to be constructed above the minimum basement floor elevations for the site. The preliminary grading plan for the NorthPark Business Park property shows an excess of material well above that amount. In an effort to mitigate the impact of movement of haul trucks on city streets, we are proposing that we remove the materials from the areas shown on the attached plan and truck them across the street utilizing a proposed 20 ft trail easement area to avoid running any trucks on residential streets, but only across Winnetka Ave, with appropriate flagmen etc. The basic approach being taken is to sub-cut a portion of the site that is designated for buffer area and will ultimately be used as a deposit area for existing excess black dirt that would normally need to be hauled away from the site. This approach would not only minimize any material transport for the Parkside development, but will reduce the amount of export that will ultimately be needed for the NorthPark Business Park thereby minimizing the impact of that project on surrounding streets. The borrow area would be surrounded with orange silt fence prior to excavation. Excavation will take approximately 20 business days. Hauling will only be done during city permitted hours. Street sweeping will be performed daily at the end of each business day with additional sweeping if needed. It is anticipated that we will have preliminary plat approval and be grading on the NorthPark property yet this fall. The filling of the borrow pits will take place once this commences. Should the grading of NorthPark not be scheduled at the completion of the excavation of the borrow pits, the borrow pits will be seeded and mulched.

9 Planning Commission Staff Report Agenda Item: 7A Meeting Date: August 14, 2013 Originating Planning and Agenda Section: Other Business Department: Development Division Resolution: X Ordinance: N/A Prepared By: Todd A. Larson, Senior Planner Attachments: 4 Presented By: Todd A. Larson, Senior Planner Wickford Village Revitalization (Astra Ventures) Accessory Residential Spaces at Item: Wickford Village. Proposed Action: MOTION SECOND TO RECOMMEND APPROVAL OF ACCESSORY RESIDENTIAL SPACES AS PART OF THE DEVELOPMENT PLAN FOR WICKFORD VILLAGE, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the Accessory Residential Spaces as a part of the development plan with conditions that are listed in the draft resolution. Overview: The Planning Commission reviewed the changes to the development plan in Wickford Village at its meeting on July 10. The Commission requested more discussion on the concept of Accessory Residential Spaces (ARS), so the project advanced to the City Council without the ARS and the Council approved toe revitalization plan. The ARS option the builder is offering for the 42 single-family homes is commonly known as a mother-in-law apartment. This secondary unit is generally much smaller than the main unit by only having one bedroom, one bathroom, and a modest kitchen and living room. The developer has indicated that these units would be intended for elderly parents or the boomerang children. Staff recommends a condition that the main house must be owner-occupied in the event it is designed with an ARS. If the ARS is rented to someone outside of the family, a rental license is necessary. The applicant is proposing that the main house and the ARS share the attached garage for vehicle parking as well as storage of other items like waste containers or bikes. In the event parking is not sufficient with what is provided in the garage, an extra off-street parking space must be provided and has been provided for. This type of unit is not eligible for a separate set of services under the Public Utilities policy, therefore only one service will be provided and the homeowners are responsible for coordinating utility payment with the tenant.

10 Primary Issues/Alternatives to Consider: 7A Page 2 1. Approve the proposal as presented. 2. Approve the proposal with modifications. 3. Deny the proposal based on certain findings, keeping the existing plan in place. Budgetary/Fiscal Issues: None. Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. NARRATIVE D. PLAN i:\planning\planning cases\2013\ (astra ventures- wickford village)\ pc docx

11 7A RESOLUTION Page 3 RESOLUTION #2013 RESOLUTION APPROVING ACCESSORY RESIDENTIAL SPACES AS PART OF THE REVISED DEVELOPMENT PLAN FOR WICKFORD VILLAGE Planning Commission File # WHEREAS, Astra Ventures submitted the development plan of WICKFORD VILLAGE in the manner required of the Town Center Zoning District as described in Sections through of Brooklyn Park City Code on property legally described as: Lots 1 through 5, inclusive, Block 2; Lots 1, 2, and 3, Block 3; Lots 1, 2, and 3, Block 4; and Outlot A, Wickford Village 4 th Addition, Hennepin County, Minnesota WHEREAS, The City Council approved Resolution # amending the previous Conditional Use Permit by incorporating single-family homes into the development plan; and WHEREAS, The proposed changes maintain the residential character of the Wickford Village neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK, the Development Plan Amendment of Wickford Village shall be approved to incorporate Accessory Residential Spaces (ARS) as a permitted accessory use to a single-family detached structure subject to the following conditions: A. The main house must be owner-occupied. B. In the event the ARS is not occupied by a family member and the ARS is not connected internally to the rest of the house, a rental license is required. C. The attached garage is considered common area between the main house and ARS. A door from both units must be provided to the garage. D. An off-street parking space as identified on the development plan must be paved in the event the home s garage and driveway are not adequate for the needs of the residents. E. The Master Association must have the ability to enforce requirements of the single-family subassociations in the event any sub-association fails to perform its obligations regarding ARS.

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13 The Astra Ventures PARKWAY WICKFORD VILLAGE MEDIAN Brooklyn Park, MN PARKWAY Exhibit: SHALLOWEST 110 ARS SITE & HOME PLAN DESIGNS REAR YARD PARKWAY (OR PARK) SIDEWALK TERRACED RETAINING WALL AROUND RECESSED PATIO UP 50 WIDE LOT OWNERS DECK ABOVE ENTRY PORCH STEP COUNT VARIES DN ENTRY STOOP MECH. OWNER S GARAGE ARS LIVING FULL BATH GROW B FRONT LOAD 5 SIDE YARD SETBACK UNEXCAVATED w/accessory RESIDENTIAL SPACE ARS BR OWNERS ACCESS FULL BATH OWNER S GARAGE STR./ ELEV. FOYER OPT. BATH ARS ENTRY WALK GROW B REAR LOAD OWNER S DRIVEWAY & PARKING OWNER S GARAGE STR./ ELEV. STR./ ELEV. ARS BR ARS BR ARS LIVING & KITCHEN ARS LIVING & KITCHEN OWNER S DECK ABOVE ARS PATIO CARRIAGE GOLD REAR LOAD 3/4 BATH OWNER S GARAGE w/accessory RESIDENTIAL SPACE ARS STUDIO CARRIAGE 4 BR REAR LOAD CONC. PATIO SCREEN PORCH OPT. w/accessory RESIDENTIAL SPACE OWNER S DECK ABOVE OWNERS DECK ABOVE PATIO w/ RETAINING WALL & STEPS SITTING AREA DECK ABOVE FOYER CONC. PATIO SCREEN PORCH OPT. ARS PKG ENTRY STOOP DECK ABOVE OWNERS ACCESSS OWNER S DRIVEWAY & PARKING SOLID FENCE ENCLOSURE, ALL 4 SIDES. FOR REFUSE & RECYCLE CONTAINERS. INCORPORATED INTO FRONT YARD FENCING STEP COUNT VARIES STEP COUNT VARIES 3/4 BATH w/accessory RESIDENTIAL SPACE ENTRY PORCH 50 WIDE LOT 50 WIDE LOT OWNER S DRIVEWAY & PARKING OWNER S DRIVEWAY & PARKING 5 SIDE YARD SETBACK ARS PATIO ARS PKG ARS PKG ARS PKG 10 UTILITY EASEMENT FENCE FENCE FENCE FENCE SOLID FENCE ENCLOSURE, ALL 4 SIDES. FOR REFUSE & RECYCLE CONTAINERS. EXAMPLE ARS FLOOR PLAN for HOMES w/ FRONT LOADED GARAGES EXAMPLE ARS FLOOR PLANS for HOMES w/ REAR LOADED GARAGES Contact: Robert M. Wachholz, President 4535 Vinewood Lane North Plymouth, MN cell: RobWachholz@hotmail.com

14 MINUTES OF THE BROOKLYN PARK PLANNING COMMISSION REGULAR MEETING July 10, 2013 Unapproved Minutes 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 2. SWEARING IN OF NEW PLANNING COMMISSION MEMBER MIRANDA WALKER 3. ROLL CALL/ PLEDGE OF ALLEGIANCE Those present were: Commissioners West-Hafner, Stuewe, Cupka, Lessard, Trapp, Nguyen, Walker, and Schmidt; Planning Director Sherman; Senior Planner Larson; Council Liaison Jordan Those absent were: Commissioner Russell 4. EXPLANATION BY CHAIR 5. APPROVAL OF AGENDA MOTION LESSARD SECOND TRAPP TO APPROVE THE JULY 10, 2013 AGENDA. MOTION PASSED UNANIMOUSLY 6. CONSENT ITEMS A. Cancel public hearing for Code Amendment change # to modify setbacks in the R2A and R2B zoning districts citywide MOTION SCHMIDT SECOND LESSARD TO APPROVE THE CONSENT AGENDA. MOTION PASSED UNANIMOUSLY 7. Old Business A. Twin Cities Harvest Festival & Maze (Bert Bouwman) Interim Use Permit # for a corn Page 1 of 18

15 maze festival at th Ave. N Senior Planner Larson stated that this is a continuation from a discussion two weeks ago regarding the helicopter rides at the corn maze. The applicant, Mr. Bouwman, is present to address the questions and concerns the Commission and the neighbors had. Senior Planner Larson presented a map showing the proposed flight pattern boundaries staff recommended at the last meeting. The designated area is 1.5 square miles for helicopter rides. He stated that he did speak to two people at Minnesota Department of Transportation about requirements for putting a helicopter pad close to Highway 169 and was advised that a license would be necessary for operations lasting longer than thirty days. They were not too concerned with it being near the highway as long as it was high enough in the takeoffs and landings that it did not affect traffic and it did not throw up debris into traffic. Martin Harstad, who resides at 2195 Silver Lake Road, approached the podium. He is the property owner where the corn maze is operated. He owns a total of two hundred and thirty acres at this location. He stated that the applicant, Bert Bouwman, as well as Chris Webb, the helicopter pilot, are in the audience to answer questions. He stated that he called the Minnesota Department of Transportation and discussed this situation with Mr. Peltier, who told him that a three year license could be obtained or a one year permit could be obtained. Mr. Harstad stated that they have decided to go with the one year permit. He stated that he was also told that the concern about the helicopter pad being close to Highway 169 is the power poles along 169. There is an 8 to 1 slope ratio that goes with that. He spoke with Bert about moving the helicopter pad further to the south end of the property which would move it an additional six to eight hundred feet away from the Champlin residents. They also talked about limiting the helicopter ride flight pattern area but making it larger than the staff proposed area. The staff proposed area would only allow the helicopter to go up, hover there, and come back down. They would like to see the area expanded to include the Coon Rapids Dam, which the Minnesota Department of Transportation did not have a problem with. He stated that they want to be neighborly to both Brooklyn Park and Champlin residents. Mr. Bouwman, the applicant, approached the podium. He stated that their trump card is that they are the only corn maze that offers a reasonable and comfortable helicopter ride. He stated that through his family s community work over the last four years, $70,000 has gone back to the community. If they are unable to provide these helicopter rides less money will be made and less money will come back to the city. He stated that the calls they get are either about directions to the corn maze or about whether or not the helicopter is there. Their helicopter business was up last year because they had the helicopter on display at the front of the maze, but they are willing to move it. Mr. Harstad showed the picture of the corn maze from the air and said that is what people get to see when they take the helicopter ride. Chris Webb, a helicopter pilot from Minnesota Helicopters, approached the podium. He stated that their business is located at the Anoka County Blaine airport and they are a licensed commercial operator Page 2 of 18

16 in the state of Minnesota. He stated that he wanted to address a couple of items. Getting a license for a heliport would permit only thirty consecutive days of use and there has never been thirty consecutive days of use at the corn maze. He stated that they were contracted to fly last year but they were not available so they sub-contracted the flying for the corn maze last year. He stated noise seems to be the main concern and that the noise level of their helicopter is quieter than an open pipe Harley Davidson going down the highway. Chair Nguyen opened the public hearing. Frank Duffy, Xylon Court in Champlin, approached the podium. He stated that he has sent s to Mr. Bouwman for the last three years and he would not respond to his s and has done nothing about the noise from the helicopters. Mr. Lunde said the only way he can do something about this is to come up here and complain so that is why he is there. He stated that the City has a nuisance ordinance and yet no one is doing anything about this. The helicopters are taking off and landing every ten minutes and they cannot even be outside because of the noise. He stated that he wants the helicopter rides stopped. Seeing no one else approach the podium, the public hearing was closed with comments confined to the Planning Commission. Commissioner Lessard asked Chris Webb about when the noise would be the biggest problem if the flight path of the helicopter was changed. If it was dropped down to approximately eight hundred feet and took off over Highway 169 down Highway 610 and made a loop from the southeast corner, where would a person hear the noise. Mr. Webb stated that the wind plays a great part in reducing the noise so as they fly into the wind it changes and if the flight pattern runs over the highway avoiding the homes that would also reduce the noise dramatically. Also, a slower climb is going to end up with less noise, less wing flap until you get to a higher altitude speed. Commissioner Lessard stated he does not know how the city noise ordinance affects this but he does not have a problem with this. Commissioner Schmidt stated that he has been on the commission for four years now and he has not heard a complaint about this until this year. He stated that he stands by what he said at the last meeting. This is not a rural environment any longer and it is going to change how business is done in the community. He stated that he would like to see the permit granted for one year, the landing pad be located as far away from residences as possible, and a flight pattern does not leave the city limits. Extending the flight pattern further while following the highway might be ok but he would not want to see it going all the way to the Coon Rapids dam. He stated that the city does not need more complaints with the helicopter flying over more residences going to the dam. Also, the helicopter should not be allowed to fly after 4:00 PM period. Commissioner Cupka stated that at the last meeting staff was asked for a plan showing where the takeoff and landing would be and he has not seen that. He stated that his understanding is that in years past the helicopter has taken off and landed directly over those residences on the Champlin side. If that can be worked out so that does not happen anymore that should alleviate the problem. Mr. Webb stated that with the landing zone established south of where it was they would be much higher coming into the landing pad than Page 3 of 18

17 they previously were. Commissioner Cupka asked about the decibel levels and Mr. Webb stated that loudest decibel level when they are in severe wind is gauged at eighty eight decibels. On average it is closer to sixty decibels. He stated that air traffic is there every day. They fly people over the Coon Rapids dam, they fly along Highway 169 taking pictures for future road development. It is just a fact of life that it is happening all the time, and they fly daily. Commissioner Cupka stated that he agrees with the one year only permit, the hours ending at 4:00 PM for flights, and the flying up to Highway 169 but not all the way to the dam. Commissioner West-Hafner asked Mr. Webb where the landing pad would have to be to avoid going over the residences in Champlin. Mr. Webb stated that there is no way they would always be able to avoid flying over Champlin due to winds changing. For safety reasons they will have to fly over that area sometimes. He stated that he believes they can fly in a way that would eliminate ninety percent of the concern if the pad is located to the south end of the property. She stated that she was also looking for a plan showing the landing spot and what the flight plan would be. If they cannot show that they will be not be flying over these residences every eight to ten minutes, she stated that she will not vote for this no matter what they do. She stated that she also agrees that this should be a one year permit to see if this problem is resolved this year. Mr. Webb stated that if they change where they take off from and land based on winds each day that would avoid most of this. Commissioner West-Hafner stated that she would like a condition added that the landing pad be in the far forty acre parcel to the south and that it be moved daily to adjust for wind. Commissioner Lessard discussed different decibel levels for common household items to show that these decibels are not that excessive. A motorcycle is louder than the helicopter would be. He stated that he would like to see conditions added that they will use the helicopter they are talking about but that he does not think the city should try to limit a business from providing a service as it is not the right thing to do. He stated that he agrees it should be a condition that this is a one year opportunity. Commissioner West-Hafner stated that this is sustained noise, not a helicopter taking off every eight to ten minutes. She stated that if they are going to be ok with it, they have to come up with some limitations on where the helicopter can and cannot go to be the best neighbor the city can be. Commissioner Trapp asked Mr. Duffy if there was a compromise possible on how often the helicopter can fly over his house to which Mr. Duffy stated no. Commissioner Nguyen asked Mr. Bouwman why the location of the helicopter pad was changed every year. Mr. Bouwan stated that the helicopter is a business and they wanted to move it closer to the north for business reasons. Commissioner Nguyen asked if they got complaints in 2010, which was prior to moving the helicopter to the north end and Mr. Bouwman stated no they had not received any formal complaints. He stated that he will follow any new required conditions and the helicopter will only fly in Brooklyn Park and if the weather does not permit that, they will not fly that day. Commissioner Nguyen stated that he thinks this can be made to work. He agrees with limiting the flight times so flights stop at 4:00 PM. He stated that he does not necessarily agree with restricting the flight pattern but would want take offs and landings to be from the south. Page 4 of 18

18 Planning Director Sherman stated one hour into the discussion that due to the long agenda for the evening they should make a decision with conditions and move to the next item on the agenda. MOTION LESSARD SECOND CUPKA TO RECOMMEND APPROVAL OF INTERIM USE PERMIT 13-11FOR THE TWIN CITIES HARVEST FESTIVAL AT th AVE N SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION AS DISCUSSED. Commissioner West-Hafner stated she will not support this unless the helicopter pad is moved daily so take offs and landings will always be from the south. Commissioner Cupka stated that he wants a diagram showing the location of the pad so that it is set up as far away from residences as possible and it is clearly understood as to where that spot will be. Commissioner Stuewe stated that she would like to see that diagram also and because that has not been provided as requested she is voting no. MOTION CARRIES 5-3. YAH: WALKER, CUPKA, LESSARD, WEST-HAFNER, AND NGUYEN, NAY: SCHMIDT, TRAPP AND STUEWE Chair Nguyen stated that this application will be considered by the City Council on July 22, PUBLIC HEARING A. The Charter School Fund II (Athlos Leadership Academy)- Case# to amend Comprehensive Plan and rezone to Public Institution for construction of K-8 public charter school at Noble Parkway and 101 st Avenue North. Senior Planner Larson stated that this case has four motions that need to be passed for it to proceed. The property is about thirty three acres and is owed by Excel Energy. About ten years ago when Noble Parkway was extended north of 101 st Avenue North, about eight acres was split off on the west side of Noble Parkway. On the east side, Excel still has interest in building a sub-station someday but they have no need for anything at the south end of the site. About a month ago New Visions Academy received a Conditional Use Permit to Be housed for two years at the Edinbrook Church. This will be their first location in Minnesota and it will be directly across the street from the Eidem farmstead historical farm. The site is about twelve acres and the school building will be about 89,400 square feet in size and used for Pre-K through eighth grade students. Parking would be on the west side of the building, just east of Noble Parkway. The athletic fields would be on the east side of the building and around most of the property is a ring road for parent drop off and bus circulation. There are three access points but access is allowed only off of 101 st Avenue and not off of Noble Parkway per Hennepin County s rules. Page 5 of 18

19 Due to the view of the school building from the Eidem Farmstead staff has added a condition that ten evergreen trees be planted instead of the birch trees that really do not conceal much of anything. Chair Nguyen opened the public hearing. He showed plans of what the building will look like from different views. The site is currently zoned R2B, which is the same single family residential zoning as everything north of 101 st Avenue. It is an eighty five foot wide lot, 11,475 square feet. The neighborhoods to the east and south are zoned PUD, Planned Unit Development. The site is bounded by the trail corridor to the north and the Pine Grove Bible Church to the east. This site is isolated enough from the other neighborhoods that rezoning it to I, Institutional, should not be a big concern. With that comes a Comprehensive Plan Amendment. There would also be a Plat that divides the property into the site the school would take, the parcel that Excel Energy would hold onto, the small outlot for park dedication. There is enough land at the northwest corner of 101 st and Noble Parkway for one single family lot. The remaining seven acres at the north end is lowland with a storm water basin and power line easements so the land is really not useable for anything. The school and Excel Energy said they would give this piece of property to the city. They would not get park dedication for it because it is not useable land. Lastly, is the site plan review for the school itself. Staff is recommending approval of all of these application types with a few conditions. There was a large concern about traffic brought up at the neighborhood meeting which was attended by only six residents. The applicant prepared a traffic study and both Hennepin County and the City Traffic Engineer reviewed it regarding the need for a traffic signal there. It was always anticipated that a light may be necessary there some day in the future. The traffic study found that the light is something that is not needed before the school opens but it probably will be in a few years. In the past the city has had the property owner sign a signal assessment agreement that gets recorded so that in the future when the signal is needed they will pay the designated amount for that signal. In this case that would be half the cost of that signal. Another neighbor concerns was with the ball fields and whether or not there would be late night athletics. Typically at this grade level there are not any things that go late like happens at the high school level. The applicant said they would be fine with a requirement of no stadium lighting for those ball fields. Around the site the plans show some fencing around the perimeter. They only show the more attractive black vinyl coated chain link fencing at the south end of the property and just plain galvanized chain link fencing at the north. Staff has asked for them to use the black vinyl coated fencing in all areas. Along the east side of the fields there is a storm water basin shown on the plans. Staff would like the fence to be placed between the fields and the storm water basin and would request that the pond area be landscaped. The City Traffic Engineer would like the driveway to be forty feet wide to accommodate one inbound and two outbound lanes. Along Noble Parkway the plans show about four landscaping clumps with about forty feet of open space between them and that needs to be filled in with some screening. Gordon Jenson, 8525 Edinbrook Crossing approached the podium. He is the attorney for The Charter School Fund. He introduced a number of people to the Planning Commissioners and to the audience that are involved in the project in various capacities. Page 6 of 18

20 Jen Garrity approached the podium. She is the principle of the new school. She stated that they have partnered with Charter School Fund to help them move forward with the school. Because they already have many families from Brooklyn Park, this is one of the first communities they looked at in their move from northeast Minneapolis. She stated that they felt Brooklyn Park would be the best fit for them due to the growth that is happening in the community as well as the acceptance of diversity and the city s commitment to improve student achievement and child wellness. Brian Huffaker approached the podium. His stated that his address is 855 West Broad Street in Boise Idaho. He stated that the job of The Charter School Fund is to provide complete facility solutions for charter school holders. He stated that they found they had a common goal with New Visions about the model of the school. They decided that the name Athlos Leadership Academy would fit well with their goals. He stated that the school would hold about twelve hundred students grades Pre K through eighth grade. This is a no tuition public charter school with open enrollment. Their goal is to open the school in the fall of The colonial design of the school reflects the early American heritage culture and promotes respect and discipline. He went through a power point presentation about the school, explaining their philosophy and showing slides of the classrooms, gym area and the building in general. He stated that school hours run from about 8:30 AM until about 4:00 PM as they are trying to get out of the peak AM and PM hours. They have set up a separate exit area for the busses so buses and cars do not leave by the same exit. He stated that they have put a road around the entire site to facilitate the stacking of cars for entering and exiting so that the traffic cycles through. He stated that they are working with the city and the county as they want to make sure to get the traffic signal implemented. They have heard from residents that traffic is a problem on Noble Parkway and 101 st Avenue and want to cooperate to pay their fair share of the traffic signal cost. Chair Nguyen opened the public hearing. Bob Meissner from rd Avenue North approached the podium. He stated that he did not get the first notification about the neighborhood meeting though he lives close to this site. He stated that his three concerns are noise, traffic and the effect the school might have on their taxes. He stated that he thinks not allowing stadium lighting will cut down on the noise and stressed that they pay a lot for property taxes in their area and have a very quiet area backing up to the trail. He stated that he comes east on 101 st to Noble Avenue every weekday between 4:00 PM and 5:30 PM and it is very difficult to get across there and he hopes there will be a traffic signal there. He stated that he would like to better understand what the impact to the tax base will be having a school there instead of additional residential.. Kathleen Kunzman, Fallgold Parkway, approached the podium. She stated that she is a retired educator and has done some part time work with charter schools for the last seven years as a school psychologist so is very familiar with charter schools and large school districts. She stated that she has the same concerns that Mr. Meissner has and does not believe either that a lot of people were notified about the neighborhood meeting. She stated that she is concerned about the size of this building and 1,200 students is a lot of students. The stated that there is not a lack of new schools in the area and this is where the students will be Page 7 of 18

21 drawn from. She stated that she wishes this building was set back further from the road, as Woodland is. As a taxpayer they would be paying the taxes for a 1,200 student school where she stated she does not believe a new school is necessary. As far as the goals stated about the new school she stated that the current schools in the area have the same goals and they have higher academic achievement scores than this charter school does. She stated that she does not see their mission as being unique and she would like to see it one third the size. She stated that traffic is also a concern and she does not think the traffic lanes they have designed will work. She stated that she does not think this design fits in with this suburban area and she does not think twelve acres is large enough for this size school. Elizabeth Webb, 4321 Abbott Avenue in Robbinsdale, approached the podium. She stated that she is a current parent of the New Visions Academy and does not agree that this school offers nothing unique. She stated she wants to stress the good job that the staff is doing at the school. Her daughter is in 2 nd grade and has been there since kindergarten. She is currently reading at above a third grade level. She stated that at first she was a little hesitant about how big the school was going to be until she realized that this would just give more kids the opportunity to experience what her daughter is able to experience every day. Timothy Kramer, Indiana Avenue North, approached the podium. He stated that he also missed the first meeting. He asked how much the building construction would affect traffic and if he would be able to get to his house without having to go into Champlin and back to Noble just to be able to get to his house. He stated that trying to get out from Fallgold onto Noble from 6:00 AM until probably 7:30 to 8:00 PM is very difficult and he is wondering how much traffic will end up circling around and coming out onto Fallgold Parkway right in the middle of a residential area. He asked what type of student base they will have and if these are HP (?) kids that excel in sports or troubled kids that did not fit in and are being kept away from the public population. He asked if the school has an open campus such as at lunch and are seventh and eighth grade kids going to be coming onto his property and littering. He asked if there was going to be a school zone speed along Noble Parkway and asked what that will do to that area if the speed goes from forty five down to thirty miles an hour then back up to fifty further down Noble. He stated that they do a lot of dog walking in the area and wondered if there will be a grass boulevard for walking along once the school is there. He stated that he would rather have a school there than apartment buildings. Kathy Everson, Noble Avenue North, approached the podium. She stated that Noble Parkway has become a thoroughfare and that is what has helped traffic between Brooklyn Park and Champlin. A lot of traffic comes down that way and it is going to change. The speed limit is going to have to change going past a school. She stated that she is a retired school teacher who has taught in several different schools. She stated that there are still going to be five hundred to six hundred extra cars in that area every morning, every afternoon and several times during the day. It is going to increase the traffic dramatically. She asked what about the kids that are going to be walking to the school and the traffic they will be dealing with. Seeing no one else approach the podium, the public hearing was closed with comments confined to the Planning Commission. Page 8 of 18

22 Kathy Kunzman re-approached the podium. She stated that she did not mean to disparage the parent who spoke about her daughter going to New Visions currently. She stated that she feels the city has schools already that do a good job and the city does not need another school especially of this size. She stated that she also has safety concerns about the traffic system they have devised for parents and buses. Planning Director Sherman stated that the Planning Commission is reviewing this application based on the zoning regulations and the comprehensive plan so the actions they take and the things that they consider relate to those two items. The tax issue that has been raised is more of an issue for the City Council. Commissioner West-Hafner asked the applicant to give the audience a quick 101 on how charter schools work. Mr. Ryan VanOufen (?), 855 Broad Street in Boise Idaho, approached the podium. He stated that he is a founder and principle of The Charter School Fund as well as Athlos Academy and would be happy to answer these questions. He stated that her would like to correct a few things that were said as there are a lot of misconceptions out there about charter schools. He stated that they are public schools and they are funded the same way that regular district schools are funded. The one large difference is they do not have the ability to levy property taxes for buildings. That is probably the biggest reason that most charter schools are smaller, serving normally from one hundred and fifty to two hundred students. They do not have the ability to scale, which is why they are seen in odd places like strip centers and in churches. A lot of parents do not want to send their kids to a school in a strip center. He stated that The Charter School Fund has looked at how they can best influence market driven education because they feel it is really the only way to reform public education. He stated that if students and parents are not happy in an environment they should be able to go elsewhere and that this is not a drain on tax dollars. The people that send their kids to school are paying taxes and they should be able to send their kids where they feel is most appropriate. He stated that they are actually saving money as they are like their own small independent district and are saving the costs of bureaucratic overhead. He stated that they have found that charter school parents are different and they are motivated. They will drive their kids to a charter school, such as to PACT Charter School in Ramsey, which has a waiting list of over 2,000 people. He stated that the draw will not be from this immediate area. Brooklyn Park has good schools and they like that. The generalization that this school is not unique is unfortunate because they have a one of a kind program and they are seeing fabulous results. The kids in their school are not athletes, but improving kids activity levels improves cognitive processes. The kids are graded with a GPA but also on their character with an athlos score. Minnesota is the birthplace of charter schools. He stated that size comes up a lot and what they have learned and research shows is that indicators for success in a school are not the curriculum or the size of the classrooms but the quality of instruction in the classroom. They are confident that their students will come from a large area and not have an impact on the enrollment at area schools. He stated that at their other schools there is no bus service. Because of the weather here, they are offering bus service and believe about 50% of their students will come by bus. Commissioner West-Hafner stated that her daughter went to school last year at a charter school and she does not see this as any different than open enrollment. She stated that she thinks the traffic light is an absolute must. She asked if they will have open lunch to which Mr. VanOufen (?) replied no. Commissioner West- Page 9 of 18

23 Hafner asked if they have plans to partner with any other charter schools to which he replied no. She asked if parents will be able to park in the first lane of the stacking area during school hours and walk into the office to which Mr. VanOufen (?) stated yes. Commissioner West-Hafner asked if students will be able to exit by any of the other doors and walk into the traffic lanes. Mr. VanOufen (?) stated that they are not allowed to leave until escorted out. There are only certain loading and unloading zones. Commissioner West-Hafner asked staff where Excel would enter and exit their sub-station once they build it in the future. Planner Larson stated that there would be a driveway that exits just to the east of the school where there is a thirty foot tail that comes down to 101 st Avenue. Commissioner Schmidt stated that he has zero concerns with the traffic going around the building and that the building looks great. He stated that he is also adamant that the traffic signal be installed and operational prior to the building being ready. Commissioner Lessard stated that he is a little concerned with the size of the school and he agrees that the traffic signal is a must and must be installed and functioning. Commissioner Stuewe stated that she lives very close to this location and was very excited to get this proposal. She stated that she agrees about the traffic light. One comment that was brought up in a letter from a resident asked what would happen to this building if the school did not fill enrollment and did not work out there. Mr. VanOufen (?) stated they found that if they space planned carefully, separated populations, and kept the classroom size at a reasonable level of twenty five they could still maintain a small school feel. They have the wings so that grade levels K-2 nd grade can be split into their own wing with their own bathrooms and even separate lunch times. The students would not see the eighth graders at all except when they come to school and they leave school, and at those times they would be chaperoned. When banks are hesitant to fund their charter schools because they have a concern about what the building could be used for if the school fails, they tell them that it can easily be turned into a skilled nursing facility. Research charter schools and a person would find that they fail a lot less than other types of businesses. Commissioner Stuewe asked if there was a floor plan for the second floor. Mr. VanOufen (?) stated that they will not have a full second story with classrooms up there, but there is a two story element. It has only one space that will be used for storage. Commissioner Walker stated that she is supportive of the use of the site but she is concerned about the size and placement of the building. She is also concerned about kids playing in the hidden areas after hours. She asked the applicant how they could better make this fit into the neighborhood. Page 10 of 18

24 Mr. Huffaker stated that the hidden wing areas that she is concerned about are fenced in so people cannot get into those. In addition, the entire site is secured. He stated that they feel the school building portrays the feeling of discipline and character and the building form supports the function of the school. They also feel it is important to have a presence on Noble Parkway because it is a thoroughfare. He stated that there would really be no other place to put the parking if the building was re-oriented. He stated that they would be willing to add additional landscaping if that would help it blend in better. Mr. VanOufen (?) stated that they are sensitive to the surroundings of the site but they want their building to be different and unique. Commissioner Walker stated that there are more options for the parking lot if they change the footprint of the building. This is a building that will be there forever and she stated that it is important to insure that it fits in better with the surrounding area. Commissioner Nguyen asked if the wings were used for anything besides bringing light into the classrooms. Mr. Huffaker stated no. Commissioner Nguyen asked if there was anything that would separate the pond from the fields. Mr. Huffaker stated there will be a fence separating them. Commissioner Nguyen asked if there are weekend activities planned to which Mr. Huffaker stated yes they could have evening and weekend activities. Commissioner Nguyen stated that he thinks the entrance should be in the center instead of to the southeast corner so that people would enter in the center. He thinks that over time people will try to cut across because they do not want to have to wrap all the way around the facility and they will go right through the busses. Mr. Huffaker stated that the queue demand is before the student is dropped off, not after, in order to keep traffic on the site. If there is someone that continues to ignore the rules set out regarding parking or conduct, the school can choose not to re-enroll the student. Planning Director Sherman stated that she wanted to clarify something from the traffic signal discussion. She stated that it is up to the county to allow the City to put the signal in so it is not a city decision. Even though the applicant will pay half and the city will pay half for the traffic signal it is still up to the county if they will let it be put in. MOTION SCHMIDT SECOND CUPKA TO RECOMMEND APPROVAL OF A COMPREHENSIVE PLAN AMENDMENT RE-GUIDING 23.6 ACRES FROM LOW DENSITY RESIDENTIAL TO INSTITUTIONAL AT THE NORTHEAST CORNER OF 101 ST AVENUE AND NOBLE PARKWAY. MOTION PASSED UNANIMOUSLY. MOTION SCHMIDT SECOND CUPKA TO RECOMMEND APPROVAL OF REZONING OF 23.6 ACRES FROM DETACHED SINGLE FAMILY RESIDENTIAL R2B TO PUBLIC INSTITUTION PI AND 0.4 ACRES FROM DETACHED SINGLE FAMILY RESIDENTIAL R2B TO CONSERVANCY DISTRICT CD AT THE NORTHEAST CORNER OF 101 ST AVENUE AND NOBLE PARKWAY. Page 11 of 18