Planning Commission AGENDA PLANNING COMMISSION …

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Planning Commission AGENDA PLANNING COMMISSION REGULAR MEETING THURSDAY, June 3, 2021 (VIA WEB-EX) CITY COUNCIL CHAMBERS BLOOMINGTON CIVIC PLAZA 1800 WEST OLD SHAKOPEE ROAD BLOOMINGTON, MN 55431 6:00 PM Chair Jon Solberg has determined it is not practical or prudent to conduct an in-person meeting at City Hall due to the global COVID-19 health pandemic as permitted by MS 13D.021. Some or all members of the Planning Commission and staff may participate remotely and electronically as permitted by law. Members of the public may watch, listen or participate in the meeting via television, computer or phone. To watch or listen to the meeting: 1. Watch BTV (Comcast channels 859 or 14) 2. Watch online at blm.mn/btv-live or the City's YouTube Channel: blm.mn/youtube 3. Listen by phone (without testimony): 1-888-742-5095, Access code 8461001098 (The City recommends using a cell phone to eliminate long distance charges) To testify on an item, see the “call-in number for live testimony” below. To aide in the smooth running of the meeting, the City recommends pre-registration for live testimony for public hearing items: e-mail [email protected] or call 952-563-8920 any time prior to 4:30 p.m. on the date of the meeting to register and receive instruction. Call-in numbers for live testimony during the meeting: (The City recommends using a cell phone to eliminate long distance charges) 1. U.S. and Canada: 1 (888) 742-5095; Conference Code: 8461001098 2. International callers: 1 (619) 377-3319; Conference Code: 8461001098 ITEM 1 Case PL2021-99 6:00 p.m. Afrique Hospitality Group (applicant) (public hearing) Privately initiated City Code Amendment establishing and defining “Cultural Campus” as a use and adding as a conditional use in the FD-2 zoning district ITEM 2 City of Bloomington Consider approval of draft 5/13/21 Planning Comission meeting synopsis BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require a reasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business day before the meeting day. 1

Transcript of Planning Commission AGENDA PLANNING COMMISSION …

Page 1: Planning Commission AGENDA PLANNING COMMISSION …

Planning Commission AGENDA

PLANNING COMMISSION REGULAR MEETING THURSDAY, June 3, 2021

(VIA WEB-EX) CITY COUNCIL CHAMBERS

BLOOMINGTON CIVIC PLAZA 1800 WEST OLD SHAKOPEE ROAD BLOOMINGTON, MN 55431

6:00 PM Chair Jon Solberg has determined it is not practical or prudent to conduct an in-person meeting at City Hall due to the global COVID-19 health pandemic as permitted by MS 13D.021. Some or all members of the Planning Commission and staff may participate remotely and electronically as permitted by law. Members of the public may watch, listen or participate in the meeting via television, computer or phone. To watch or listen to the meeting:

1. Watch BTV (Comcast channels 859 or 14) 2. Watch online at blm.mn/btv-live or the City's YouTube Channel: blm.mn/youtube 3. Listen by phone (without testimony): 1-888-742-5095, Access code 8461001098 (The City recommends using a cell phone to eliminate long

distance charges) To testify on an item, see the “call-in number for live testimony” below. To aide in the smooth running of the meeting, the City recommends pre-registration for live testimony for public hearing items: e-mail [email protected] or call 952-563-8920 any time prior to 4:30 p.m. on the date of the meeting to register and receive instruction. Call-in numbers for live testimony during the meeting: (The City recommends using a cell phone to eliminate long distance charges)

1. U.S. and Canada: 1 (888) 742-5095; Conference Code: 8461001098 2. International callers: 1 (619) 377-3319; Conference Code: 8461001098

ITEM 1 Case PL2021-99 6:00 p.m. Afrique Hospitality Group (applicant) (public hearing) Privately initiated City Code Amendment establishing and defining “Cultural Campus” as a use and adding as a

conditional use in the FD-2 zoning district ITEM 2 City of Bloomington Consider approval of draft 5/13/21 Planning Comission meeting synopsis BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require a reasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business day before the meeting day.

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Planning Commission Item

Originator Planning

Item City Code Amendment - Cultural Campus

Agenda Section Item 1

Date June 3, 2021

Requested Action:

Staff recommends approval through the following motion:

In Case #PL2021-99, I move to recommend approval of a privately initiated City Code Amendment establishingand defining "Cultural Campus" as a use and designating it as a conditional use in the FD-2 zoning district.

Description:

Privately initiated City Code Amendment establishing and defining "Cultural Campus" as a use and adding as aconditional use in the FD-2 zoning district

Attachments:

Staff ReportProject DescriptionCultural Campus OrdinanceAffidavit of PublicationStaff Presentation

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 1 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

GENERAL INFORMATION

Applicant: Afrique Hospitality Group, LLC

Request: Privately initiated City Code Amendment establishing and defining "Cultural Campus" as a use and adding it as a conditional use in the FD-2 zoning district.

CHRONOLOGY

Planning Commission 06/03/2021 – Public hearing scheduled

City Council 06/14/2021 – Public hearing scheduled

DEADLINE FOR AGENCY ACTION

Application Date: 04/29/2021 60 Days: 06/28/2021120 Days: 08/27/2021Applicable Deadline: 06/28/2021 Newspaper Notification: Confirmed (05/20/2021 Sun Current – 10 day notice)

STAFF CONTACT

Nick Johnson, PlannerPhone: (952) 563-8925 E-mail: [email protected]

PROPOSAL

Afrique Hospitality Group, LLC requests a privately initiated City Code amendment to create a new land use classification in the City’s Zoning Code (Chapters 19 and 21) – “Cultural Campus”. The applicant proposes to define Cultural Campus as follows:

Cultural Campus. An interrelated collection of at least three of the following uses on one site that assist in cultural development with no one use occupying more than 50 percent of the floor area on site: community center, arts center, office, place of assembly, event center, indoor recreation and entertainment, university, makerspace, business incubator with shops and production space, restaurant, library, museum, and social service distribution facility.

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 2 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

In addition, the ordinance would designate or establish Cultural Campus as a conditional use in the FD-2 Freeway Development zoning district. The proposed ordinance would amend Section 19.03 (Definitions) and Section 21.209 (Use Tables) of the City Code.

Through a separate and subsequent application, the applicant desires to establish a cultural campus use located at 1701 American Boulevard East, a site that is currently zoned FD-2. According to the project description, the cultural campus would serve as a business hub to assist and facilitate entrepreneurship and business startups by providing office and incubation space, training, support, and other services.

ANALYSIS

The intent of the Freeway Development (FD-2) zoning district (Sec. 21.206.05) is as follows:

The Freeway Development (FD-2) District is designed to provide for a limited mixture of compatible land uses; to encourage and accommodate industry in freeway locations convenient to the metropolitan area; to provide for integrated roadside business areas designed to offer a group of essential services to the motoring public in compact and convenient locations; to accommodate certain uses large in area and with a metropolitan clientele; and so far as may be possible, to protect the freeways from congestion by proper location of heavy traffic generators and exclusion of most retail businesses.

Application of the Freeway Development (FD-2) zoning district dates back to the early 1960s. There are 48 parcels in Bloomington with a zoning designation of FD-2, mostly concentrated along American Boulevard between Nicollet Avenue South and Old Cedar Avenue South.

The zoning district allows a wide variety of uses, including office, manufacturing, warehouse, and restaurant as permitted (P) uses. Multiple-family dwelling, college or university, hotel, vehicle repair, health club and pet services facility are a sampling of uses designated as conditional (C) uses in the FD-2 zoning district. Multiple uses that are included in the proposed Cultural Campus use definition are already allowed in the FD-2 zoning district, whereas other uses are currently not allowed. Table 1 provides an overview of the current status of the component uses included in a Cultural Campus as they relate to the FD-2 zoning district, as well as referenced Code sections, which often include specific performance standards pertaining to that use. Permitted uses are designated by “P”, whereas conditional uses are designated by “C”, as denoted in the Use Table section of City Code.

Table 1: Use Designations in the FD-2 Zoning District (see Sec. 21.209)

Use Type FD-2 ReferencesCommunity Education or Arts Center -Office P

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 3 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

Use Type FD-2 References

Place of Assembly - Sec. 19.63Sec. 21.302.06

Event Center -

Indoor Recreation and Entertainment -

University C Sec. 21.302.25Sec. 21.302.06

Makerspace PRetail Sales, incidental up to 10% of floor area for products manufactured on site A

Restaurant (without outdoor seating or drive-through) P Sec. 21.302.19

Library -

Museum -

Social Service Distribution Facility P

As shown in Table 1, multiple uses included in the Cultural Campus definition are allowed either as permitted or conditional uses. Uses that are not currently allowed in the FD-2 zoning district include community education or arts center, place of assembly, event center, indoor recreation and entertainment, library and museum. The Cultural Campus definition proposed by the applicant would require that a minimum of three of these uses be mixed within one occupancy, with no one use exceeding 50 percent of floor area on site. Uses within a cultural campus would still be subject to relevant performance standards for an individual use within the campus, such as place of assembly or restaurant standards. Compliance with these use-specific standards would be evaluated as part of a Conditional Use Permit (CUP) review process (see Sec. 21.501.04). In addition, other site specific standards and characteristics, such as off-street parking, sidewalks, landscaping, and lighting to name a few examples, would also be evaluated as part of a CUP review.

To inform whether or not the mix of uses proposed or allowed within the Cultural Campus use designation is appropriate within the FD-2 zoning district, it is helpful to provide the definitions of these various uses to understand what activities would be permitted. The definitions of the various uses listed within the Cultural Campus definition are as follows:

COMMUNITY EDUCATION OR ARTS CENTER. An establishment operated by a non-profit organization or government agency primarily devoted to educational, recreational and cultural facilities, displays, meeting rooms, social service facilities and public health facilities, or any combination thereof.

OFFICE, GENERAL. An establishment providing executive, management, administrative or professional services, but not involving office/warehouse use, medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate,

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 4 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

insurance, property management, investment, employment, travel, advertising, law, architecture, government, design, engineering, accounting and similar office uses.

PLACE OF ASSEMBLY. A facility providing for the assembly of persons for interaction as a primary use, including community centers, and religious institutions, also referred to as PLACE(S) OF ASSEMBLY FOR WORSHIP. PLACE(S) OF ASSEMBLY do not include community education or art centers, schools, instructional centers, daycare facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters or social service distribution facilities which fall under separate definitions in this code.

RECREATION AND ENTERTAINMENT, INDOOR. An establishment that offers recreation and entertainment activities, for-profit or nonprofit, to the general public within an enclosed building. Typical uses include theaters, movie theaters, bowling alleys, skating rinks, game arcades, dance studios and the like.

COLLEGE or UNIVERSITY. A college, community college or other post secondary educational facility primarily engaged in the education of students, which may include one or more of the following components: teaching and research facilities; educational classroom space; public assembly; child care facilities, student center; food service facilities; laundry services; library; administrative offices; and recreation facilities.

MAKERSPACE. A facility where shared manufacturing tools, such as 3-D printers, laser cutters, and hand tools and machines are used for the invention, fabrication, and storage of physical products, not for mass production. May include membership fees and be used incidentally as an instructional center.

RESTAURANT AND CLUB. An establishment engaged in the preparation and on-site retail sale of readily consumable food and beverages, and characterized by sit down table, counter or drive through service to customers. Establishments may include, but are not limited to, a coffee shop, cafeteria, fine dining, bar, fast food, take out, drive-in or sandwich stand serving food, licensed brewpub, and all other eating or drinking establishments.

LIBRARY. A facility housing a collection of books, magazines or other material, that are generally loaned to the general public.

MUSEUM. A museum or similar use which has as its primary purpose the collection, display or preservation of objects of community or cultural interest in one or more of the arts or sciences.

SOCIAL SERVICE DISTRIBUTION FACILITY. An establishment primarily engaged in the temporary storage and distribution of donated food products, clothing, furniture, books and the like.

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 5 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

The first policy question for the City is whether or not a cultural campus is an appropriate use for the FD-2 zoning district, which is determined by evaluating the proposed use according to the intent of the zoning district. The intent of the FD-2 zoning district is listed at the beginning of the analysis section. Based on the zoning district intent, a “business hub” as described in the applicant’s project description is an appropriate use for the FD-2 zoning district. The FD-2 district intends to establish opportunities for both industry and business in convenient locations within proximity to freeways. A “business hub” would most assuredly be consistent with that intent. As such, an overall cultural campus use analysis can be split into two categories of sub-uses: 1) typical business or industrial uses, and 2) other supportive or ancillary uses. Staff would group the uses proposed within the cultural campus definition as follows:

Typical Business or Industrial Useso Officeo Makerspaceo Business Incubator with Shops and Production Space

Other Supportive or Ancillary Useso Community Centero Arts Centero Place of Assemblyo Event Centero Indoor Recreation and Entertainmento Universityo Restauranto Libraryo Museumo Social Service Distribution Facility

Evaluation of the supportive or ancillary uses proposed as part of a cultural campus can be viewed in a context of other supportive uses that are already allowed within the FD-2 zoning district. For example, restaurants, universities and social service distribution centers are already allowed within the FD-2 district, benefiting both from proximity to freeways and synergy with or proximity to hubs of business. It is already established that these three uses are acceptable and appropriate for the FD-2 zoning district. The supportive uses that remain from an analysis standpoint are community center, arts center, place of assembly, event center, indoor recreation and entertainment, library and museum. In staff’s judgment, these uses established independently or as a single occupancy would not be appropriate uses within the FD-2 zoning district. However, when established as part of a broader campus with a mix of uses consistent with the intent of the FD-2 zoning district, staff finds that such a use mix or allowance can be managed or achieved in a manner that would be acceptable in the FD-2 zoning district. From staff’s perspective, it is essential that such a campus have a mix of a minimum of three uses, with no single occupying more than 50% of the floor area of the campus. The proposed definition of cultural campus includes these specific provisions, ensuring that no single use that may not be appropriate for the FD-2 district as a stand-alone use may comprise the majority of the facility. However, the consistency of such a use with the intent of the

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CITY OF BLOOMINGTON MINNESOTACASE #PL2021-99

REQUEST FOR COUNCIL ACTIONPAGE 6 of 6

Report to the Planning CommissionPlanning Division/Engineering Division

06/03/2021

FD-2 zoning district would be dependent on two factors in the judgment of staff: 1) proposed mix of uses, and 2) proposed location and general Code compliance.

First, to understand the use characteristics of the proposed facility and potential characteristics that may be incompatible with the FD-2 zoning district, it is essential to evaluate the specific mix of uses presented at a proposed facility. Substantial detail would need to be provided to document how the proposed mix of uses interact from an operational and staffing standpoint. For example, understanding the hours of operation, anticipated staffing, parking requirements of each specific use will be paramount in determining if the proposed cultural campus will function adequately at a given location. It is imperative to understand how the uses will interact with one another.

Second, the location for such a use is critically important, as locational factors will also inform the compatibility and suitability for such a use. Locational factors include off-street parking supply, access, circulation, pedestrian facilities, adjacent land uses, and other factors that are site-specific. Some properties zoned FD-2 in Bloomington are not suitable locations for a cultural campus. The proposed location of such a use is critical in determining whether or not such a use can be operated in a manner that is not detrimental to the public health, safety or welfare.

Given these two factors, staff recommends that the cultural campus use, if supported, be designated as a conditional use in the FD-2 zoning district. Evaluating a proposal through the Conditional Use Permit (CUP) process ensures that the mix of uses are evaluated, and that the locational factors of a specific site are analyzed in the context of the proposed cultural campus. The required findings for a Conditional Use Permit approval require the use be fully compliant with the City Code, unless affirmative findings can be made for a Variance or Planned Development (PD) flexibility. CUP approval requires that the facility and site comply with off-street parking, sidewalk, landscaping, lighting and other City Code requirements. Given that only the City Council has the authority to approve a Conditional Use Permit for both places of assembly and universities, staff recommends that City Council approval be necessary for CUPs submitted for a cultural campus use. As a result, cultural campus would need to be added to the list of conditional uses requiring City Council review and approval in Section 21.501.04(d)(1) of the City Code. The proposed ordinance has been prepared to reflect this requirement.

RECOMMENDATION

Staff recommends approval through the following motion:

In Case #PL2021-99, I move to recommend approval of a privately initiated City Code Amendment establishing and defining "Cultural Campus" as a use and designating it as a conditional use in the FD-2 zoning district.

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May 20, 2021

Mr. Glen MarkegardPlanning ManagerCity of Bloomington1800 West Old Shakopee RoadBloomington, MN 55431-3027

Re: Text Amendment Application

Dear Mr. Markegard:

I represent Afrique Hospitality Group LLC (“Afrique”), which is seeking to develop the property at 1701 American Blvd East (“Property”), in the city of Bloomington (the “City”) as a business hub (“Project”) for the south-metro East African business community. Afrique is seeking to amend the Bloomington City Code of Ordinances (“City Code”) to allow for an expanded range of uses at the Property, within the FD-2 Freeway Development District. Please accept this letter, together with the enclosed materials, as an application for a City Code text amendment.

Afrique is actively working to improve a portion of the Property as a restaurant, an existing permitted use in the FD-2 District. The Property will also include other uses, including offices and co-working space. In addition to the uses currently permitted in the FD-2 District, Afrique is seeking to obtain approval to allow several other community-oriented uses within the Project, including an event center, university, business incubator, and private rooms, as well as an opportunity to bring in a broader range of uses.

A critical element of the Project will be a small-business training and incubator center ("Business Center"). Afrique will act as a community development finance corporation that will use the Business Center to educate, train, and develop African and African diaspora entrepreneurs from A through Z of the business startup process. Entrepreneurs will be provided office space, access to critical resources, and space in a curated indoor East African business plaza, with a limited number of retail shops, professional, and medical services. This effort is consistent with City of Bloomington's equity and inclusion initiatives, which include building a diverse skilled workforce, growing diverse businesses, and eliminating barriers to equity.

Proposed Text Amendment

Based on the proposed range of uses, Afrique is seeking to establish a new land use classification described as a Cultural Campus, which could include a range of complimentary uses, as follows:

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Mr. Glen MarkegardMay 20, 2021Page 2

Cultural Campus. An interrelated collection of at least three of the following uses on one site that assist in cultural development with no one use occupying more than 50 percent of the floor area on site: community center, arts center, office, place of assembly, event center, indoor recreation and entertainment, university, makerspace, business incubator with shops and production space, restaurant, library, museum, and social service distribution facility.

Afrique is seeking an amendment to Table 21.209(e) to establish a Cultural Campus a conditional use in the FD-2 District.

On behalf of Afrique, we respectfully request consideration and support of this text amendment. Please do not hesitate to let me know if you have any questions or would like to discuss further.

Sincerely,

Jacob W. Steen, forLarkin HoffmanDirect Dial: 952-896-3239Direct Fax: 952-842-1738Email: [email protected]

Enclosure

4850-6978-3271, v. 1

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ORDINANCE NO. 2021 - ___

AN ORDINANCE DEFINING CULTURAL CAMPUS AS A NEW USE DESIGNATION AND DESIGNATING CULTURAL CAMPUS AS A CONDITIONAL USE IN THE FD-2 ZONING

DISTRICT, THEREBY AMENDING CHAPTERS 19 AND 21 OF THE CITY CODE.

The City Council of the City of Bloomington, Minnesota ordains:

Section 1. That Chapter 19 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] with strikethrough text and adding those words that are underlined, to read as follows:

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CHAPTER 19: ZONINGARTICLE I. GENERAL PROVISIONS

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DIVISION B: DEFINITIONS

§ 19.03 DEFINITIONS

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COTTAGE FOOD OPERATION. An individual person who prepares, at the person's residence, non-potentially hazardous food subject to requirements in M.S. § 28A.152, as it may be amended from time to time.

CULTURAL CAMPUS. An interrelated collection of at least three of the following uses on one site that assist in cultural development with no one use occupying more than 50 percent of the floor area on site: community center, arts center, office, place of assembly, event center, indoor recreation and entertainment, university, makerspace, business incubator with shops and production space, restaurant, library, museum, and social service distribution facility.

CURRENCY EXCHANGE BUSINESS. Any entity, except a bank, trust company, savings bank, savings and loan association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers’ checks for a fee. A person who provides these services incidental to the person’s primary business is not included in the definition if the charge for cashing a check or draft does not exceed $1 or 1% of the value of the check or draft, whichever is greater.

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Section 2. That Chapter 21 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] with strikethrough text and adding those words that are underlined, to read as follows:

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***

CHAPTER 21: ZONING AND LAND DEVELOPMENT***

ARTICLE II. DISTRICTS AND USES

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DIVISION H: USES

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§ 21.209 USE TABLES

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(e) Industrial Zoning districts.

Zoning DistrictUse Type

IT I-1 I-2 I-3 IP FD-2References; See Listed Section

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Cultural Campus C

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ARTICLE V. ADMINISTRATION AND NONCONFORMITY

DIVISION A: APPROVALS AND PERMITS

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§ 21.501.04 CONDITIONAL USE PERMITS

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(d) Review and approval. Conditional use permit applications must be reviewed and acted upon by the Planning Commission, except for the uses listed in subsection (d)(1) below, which must be reviewed by the Planning Commission and acted upon by the City

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Council. If the Planning Commission action results in a tie vote, the conditional use permit application is automatically sent to the City Council for their final action.

(1) City Council review. Because of higher potential to negatively impact surrounding property, the following use types must be reviewed by the Planning Commission and acted upon by the City Council when a conditional use permit is required by the underlying zoning district.

(A) Clubs and lodges;

(B) College or university;

(C) Convention center;

(D) Hospitals, sanitariums and rest homes;

(E) Household hazardous waste and recycling collection facilities;

(F) Junk car disposal businesses;

(G) Open storage as a primary use;

(H) Reserved;

(I) Pawn shops;

(J) Places of assembly;

(K) Planned developments;

(L) Post secondary educational institutions;

(M)School (K-12), public or private;

(N) Solid waste transfer stations;

(O) Manufactured home parks;

(P) Medical marijuana distribution facilities;

(Q) Public and public utility buildings in the BP-1 and BP-2 Overlay Zoning Districts;

(R) Firearm sales, primary;

(S) Firing range;[ and]

(T) Work/live units[.]; and

(U) Cultural campus.

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Passed and adopted this __________ day of _______________, 2021.

_______________________________Mayor

ATTEST:

_______________________________Secretary to the Council

APPROVED:

_______________________________City Attorney

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ITEM #1

Planning Commission

June 3, 2020

Case #PL2021-99

Privately Initiated City Code Amendment

Cultural Campus in FD-2 Zoning District

Afrique Hospitality Group, LLC

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Planning Commission | 06.03.2021

Application Overview

• Privately initiated City Code amendment to:

1) Create and define cultural campus use

2) Establish cultural campuses as a conditional use

in the FD-2 zoning district

• Applicant desires to establish a cultural campus

located at 1701 American Boulevard East

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Planning Commission | 06.03.2021

Cultural Campus Definition

Cultural Campus. An interrelated collection of at least three of

the following uses on one site that assist in cultural development

with no one use occupying more than 50 percent of the floor area

on site: community center, arts center, office, place of assembly,

event center, indoor recreation and entertainment, university,

makerspace, business incubator with shops and production space,

restaurant, library, museum, and social service distribution

facility.

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Planning Commission | 06.03.2021

Cultural Campus Definition Revised

Cultural Campus. An interrelated collection of at least three of

the following uses on one site that assist in cultural development

with no one use occupying more than 50 percent of the floor area

on site within the cultural campus use: community center, arts

center, office, place of assembly, event center, indoor recreation

and entertainment, university, makerspace, business incubator

with shops and production space, restaurant, library, museum, and

social service distribution facility. A cultural campus use may

cross property lines and include multiple buildings provided the

properties are contiguous.

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Planning Commission | 06.03.2021

FD-2 Zoning District Intent

The Freeway Development (FD-2) District is designed to provide

for a limited mixture of compatible land uses; to encourage and

accommodate industry in freeway locations convenient to the

metropolitan area; to provide for integrated roadside business

areas designed to offer a group of essential services to the

motoring public in compact and convenient locations; to

accommodate certain uses large in area and with a metropolitan

clientele; and so far as may be possible, to protect the freeways

from congestion by proper location of heavy traffic generators

and exclusion of most retail businesses.

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Planning Commission | 06.03.2021

FD-2 Zoning District Locations

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Planning Commission | 06.03.2021

Cultural Campus Sub-Uses in FD-2

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Planning Commission | 06.03.2021

Use Table - Cultural Campus

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Planning Commission | 06.03.2021

City Code Amendments - Discretion

Permits

Site/Development Plans

Plats

Interim Use Permits

Conditional Use Permits

Variances

Planned Developments

Ordinance Amnd./Rezonings

Comprehensive Plan Amendments

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Recommendation

• Staff recommends approval through the following motion:

In Case #PL2021-99, I move to recommend approval of a

privately initiated City Code Amendment establishing and

defining "Cultural Campus" as a use and designating it as a

conditional use in the FD-2 zoning district as revised at the June

3rd Planning Commission meeting.

Planning Commission | 06.03.2021

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Planning Commission Item

Originator Planning

Item Consider approval of draft meeting synopsis of May 13, 2021.

Agenda Section Item 2

Date June 3, 2021

Requested Action:

I move to approve the draft Planning Commission meeting synopsis of May 13, 2021 as presented.

Description:

Consider approval of draft meeting synopsis of May 13, 2021.

Attachments:

Planning Commission meeting synopsis May 13, 2021

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PLANNING COMMISSION SYNOPSIS

Thursday, May 13, 2021

CALL TO

ORDER

Chairperson Solberg called the Planning Commission meeting to order via Web-Ex at 6:00

PM.

COMMISSIONERS PRESENT: Jon Solberg , Paige Rohman, Nelly Korman, Joanna Goltzman,

Aubrey Albrecht, Phil Koktan (all via Webex)

COMMISSIONERS ABSENT: Suado Abdi

STAFF PRESENT: Via Webex: Glen Markegard, Mike Centinario, Nick Johnson, Shawn James, Amy

Marohn, Liz O’Day

Chairperson Solberg led the attendees in the reciting of The Pledge of Allegiance. Markegard provided an

overview of the meeting format given the emergency declaration and pandemic situation and explained

how those watching the meeting remotely could call in to participate.

ITEM 1

6:08 p.m.

CASE:

APPLICANT:

LOCATION:

PL2021-73

Interior Architects – Zak Klobucar

7901 Penn Avenue S

REQUEST: Variance to paint brick on an existing building

SPEAKING FOR THE APPLICANT:

Zak Klobucar

PUBLIC HEARING DISCUSSION:

Centinario provided the subject property location and surrounding areas. The Planning

Commission previously reviewed a variance to paint brick at TCF Bank, just across Penn

Avenue from the subject property. The existing building is primarily stucco but the

bottom three feet is brick. The applicant stated the brick is deteriorating and is need of

fresh paint. Staff visited the site and displayed photos. The brick appears to be in good

condition. There are several reasons why the Code prohibits painted brick. Painting brick

reduces its durability and would require ongoing maintenance. It also increases

enforcement. Often, builders will cite difficulty in complying with branding. However,

the same bank is currently under construction and they identify brick as their primary

material. The applicant has other options including a different brick color, concrete, metal

panels or stucco system on top of the brick.

Albrecht asked if placing stucco on top of brick increases maintenance.

Centinario stated maintenance would not be at the same level. The stucco system must

have a lath application and they would adhere to the wall. It is several layers of a stucco

system.

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Goltzman stated the previous application mentioned a varnish. She asked if there is a

difference between the varnish and this application.

Centinario stated the previous application was a brick stain. Stain is a coating but it does

not penetrate the entire brick. Staining, in some ways, is worse than painting because you

cannot unstain brick.

Zak Klobucar stated they are proposing a top coat that is a vapor permeable surface and it

adds superior protection to the brick. If there are maintenance issues, they would

certainly address it.

Chair Solberg opened the public hearing. No one offered testimony.

The public hearing was closed via a 6-0 roll call vote on the motion.

Solberg stated the variance is created by the landowner by the need to change the color.

Economic considerations do not justify a variance.

Rohman agreed. They must be consistent with the standards and not set a precedent. If

the Commission or Council wants to change the standards, they could take a look at the

standards but for now, he would go with staff’s recommendation of denial.

Albrecht agreed about not setting a precedent.

The item moves to the City Council as a Consent item on May 24, 2021.

ACTIONS OF THE COMMISSION:

M/Rohman, S/Goltzman: To close the public hearing.

Motion carried 6-0. Confirmed with a roll call vote.

M/Goltzman, S/Albrecht: In Case PL2021-73, having been unable to make the required

findings (A), (C), and (E), I move to recommend City Council adopt a resolution denying

the variance to paint brick exterior materials on an existing building at 7901 Penn

Avenue.

Motion carried 6-0. Confirmed with a roll call vote.

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ITEM 2

6:30 p.m.

CASE:

APPLICANT:

LOCATION:

PL2021-74

Hake’s Auto (occupant)

951 American LLC

951 American Boulevard East

REQUEST: Conditional Use Permit for a four bay auto repair facility in an existing

office/warehouse structure.

SPEAKING FOR THE APPLICANT:

Erik Hake

PUBLIC HEARING DISCUSSION:

O’Day provided the subject property location and surrounding uses. The applicant would

occupy 4,800 square feet of a multi-tenant office/warehouse building and would have

four auto repair bays, three major and one minor auto repair bay. There are three interior

parking spaces and 25 spaces within a fenced in area at the back of the property. The

parking is compliant with the auto repair use. However, any use other than

office/warehouse or expansion of office must be reviewed for parking compliance. The

lighting is compliant as well. It should be noted that upon inspection, a wall pack has

burnt out. That must be replaced in order to be compliant with lighting. The tenant space

is move-in ready so a building permit is not needed at this time.

Eric Hake mentioned he had nothing to add.

Chair Solberg opened the public hearing.

The public hearing was closed via a 7-0 roll call vote on the motion. No one offered

testimony.

Goltzman appreciated the locally owned business and supported the application.

Rohman agreed. It is a great reuse of the space.

The item is a final decision unless an appeal is received by 4:30pm on May 18th, 2021.

ACTIONS OF THE COMMISSION:

M/Albrecht, S/Goltzman: To close the public hearing.

Motion carried 6-0. Confirmed with a roll call vote.

M/Rohman, S/Korman: In Case PL2021-74, having been able to make the required

findings, I move to adopt a resolution approving a Conditional Use Permit for a four bay

auto repair facility in an existing office/warehouse structure at 951 American Boulevard

E, subject to the conditions and Code requirements attached to the staff report.

Motion carried 6-0. Confirmed with a roll call vote.

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CONDITIONS OF APPROVAL:

1. Prior to Occupancy Trash and recycling must be addressed and identified on a plan

prior to occupancy.

2. Ongoing The landscaping plan must continue to be maintained.

3. Ongoing The parking lot lighting must be maintained.

4. Ongoing No vehicles may be for sale on the property.

5. Ongoing Vehicles waiting for repair must be currently licensed and in the

designated repair waiting area of the lot.

6. Ongoing Trash/recycling containers and dumpsters must be kept indoors at

all times except before and immediately after pick up.

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ITEM 3

6:35 p.m.

CASE:

APPLICANT:

LOCATION:

PL2021-42

Walser Toyota (owner and user)

4217 and 4401 American Boulevard West

REQUEST: 1) Comprehensive Plan Map Amendment to reguide a portion of 4217

American Boulevard West from Community Commercial (CC) to

Regional Commercial (RC) 2) Rezoning a portion of 4217 American

Boulevard West from Commercial Service 0.5 (Planned Development)

(CS-0.5(PD)) to Freeway Office and Service (Planned Development)(C-

1 (PD)) 3) Preliminary and Final Development Plans for a new

approximately 122,000 square-foot class I and II motor vehicle sales

facility and three story parking ramp with roof parking 4) Preliminary

and Final Plat to combine two lots into one lot

SPEAKING FOR THE APPLICANT:

David Phillips

PUBLIC HEARING DISCUSSION:

Johnson provided the subject property location and surrounding areas. Walser acquired

the Joe Senser’s restaurant. He provided a development history of the site. The

development proposal from 2020 (Case PL2020-55) was a phased plan that was intended

to keep the existing dealership during construction. It is still valid however, they did not

own the Joe Senser’s site at that time. Joe Senser’s is part of a planned development and

is required to share 19 stalls to the AmericInn hotel and Denny’s. The owners of Denny’s

and the hotel submitted a letter of consent to removing Joe Senser’s from the planned

development and acknowledging the 19 stalls that would be provided to them.

The existing designation of Community Commercial does not allow auto sales. Both sites

are proposed to be reguided to Regional Commercial. The existing Walser site is zoned

C-1 but the Joe Senser’s site is proposed to be rezoned to C-1 (PD). The southern part of

the site would remain as R-1 to act as a buffer to the residential to the south. There is a

minimum FAR of 0.4 for motor vehicle sales expansions. The proposed increase in FAR

over the added site is 0.51.

The first phase would be a structured parking ramp and the second phase would be the

new dealership building and phase III would be removing the existing building and added

surface parking. Walser is proposing a two-year interim use that is contingent on issuance

of a dealership/office structure building permit and proof of deposit on major structural

elements. The use is allowed after issuance of a Certificate of Occupancy for the

dealership/office building. The Community Development director may extend an interim

use period if substantial progress has been made.

The northeast access would remain. There must be an eight foot sidewalk along

American Boulevard as well as mid-row parking islands. There is very little disturbance

to the southern portion of the site. There will be glass, architectural concrete, and metal

panels for the building. The ramp would mostly be architectural concrete with a 2nd level

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skyway to the building. A portion of the structured parking building on the south end is

taller than the allowed 50 foot height. The parking proposed is 1,440 total spaces with

708 as non-inventory and 732 as inventory. The parking requirement is 385 spaces. The

overall landscape plan is compliant except for foundation plantings and parking island

trees. The previous application had a request from the nearby townhomes to plant

material along the southern boundary. They are showing the material with the new

landscape plan.

The Southern portion of the parking ramp does not comply with the height requirement

by 2 ½ feet. The area is a stair tower. An enclosed stair tower provides a safer option.

Staff is comfortable with the deviation due to the small area and the added safety. On the

northern elevation of the parking structure, the applicant is adding cable railings. Staff is

comfortable as the applicant has noted the vehicles do not move very often and I-494 is

far away. Staff is supportive of the cable railings, but only on the northern elevation. Staff

received two emails of correspondence, one related to traffic concern on American

Boulevard and traffic operations on West 80th Street Circle. The traffic generation

essentially came to a wash with the removal of the restaurant and addition of the Walser

dealership.

Koktan asked if the public benefit accounts for the loss of jobs at the restaurant.

Johnson stated he does not know the number of employees previously at Joe Sensers. The

number of office jobs and the dealership employees will exceed the number of jobs

previously at Joe Senser’s. Secondarily, the employees will serve the retail area.

Albrecht asked about the access on American Boulevard. Does the access decrease in

width?

Johnson stated the western driveway is narrowing. Currently, there are two lanes with a

median. The new access will be two lanes with no median.

Solberg asked about maximum height for roof lighting.

Johnson stated the maximum height is 28 feet. The applicant is showing height at 12 feet

tall which could mean more lighting poles but a lower luminaire will be less nuisance.

Solberg asked who is responsible to enforce noise.

Johnson stated Environmental Health Division enforces noise. They can take readings

and can confirm if the noise is exceeding the limits for noise. Can confirm if they are

exceeding the L10 standard above the decibel level. If it is not in compliance, they would

be required to do mitigation measures.

Solberg asked about parking island trees or bushes.

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Johnson stated the Code requires trees in parking islands. Trees can create dust or debris

for vehicles. It is staff’s recommendation to not forgo the requirement.

Solberg mentioned the concern about heat islands and also the concern about trees in

parking islands from auto inventory properties.

Johnson noted the current plan is moving the structures to the east so it does lessen the

burden to the residential.

Goltzman asked about setbacks for the district.

Johnson stated the front setback is 35 feet. The applicant could have moved the building

further to the north. He believed it has to do with construction phasing and inventory.

Mixed use districts have maximum setbacks. This property is not in a mixed use district

and therefore, does not have a maximum setback.

David Phillips located the indoor trash room on the floor plan. An enclosed stairway is

ideal. The cable railings will wrap around the east and west sides for the first 20 feet.

Vehicles queuing for the carwash will be on the south side and exit to the north. They

will be considerate of the noise. The restaurant was closing either way due to the

pandemic. Their corporate office will be located at the subject site.

Rohman stated the public comment asked about traffic on American Boulevard. Would

the applicant be willing to put a stop sign at the exit of the site?

Phillips stated he has no objection to putting up a stop sign.

Chair Solberg opened the public hearing. No one offered testimony.

The public hearing was closed via a 6-0 roll call vote on the motion.

Solberg stated there was public testimony from the previous application. The current

application addresses the concern from the public. The request for flexibility is minor.

The phasing is acceptable.

Goltzman agreed. She was excited to see the corporate headquarters moving to

Bloomington. The current application is an improvement over the previous application.

Koktan suggested that staff include a net value for jobs lost or gained to gauge the public

benefit.

Albrecht agreed about the job data. The current application is an improvement from the

previous application. Moving the parking structure to the east side is significant and

makes sense. She appreciated narrowing the access to facilitate a more comfortable

pedestrian movement on American Boulevard.

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Korman appreciated the consideration toward the community.

Rohman agreed with the job data. The stair tower height is not intrusive. The cable

railing on the north elevation is also not problematic.

Solberg stated the applicant has mentioned the cable would wrap around the sides.

Condition #21 relates to the cables on the north elevation.

Koktan asked about the height deviation. What is staff’s reasoning for supporting the

deviation?

Johnson stated the height is 2 ½ feet above Code, which is a minor difference. The

applicant has made a compelling argument for enclosing the tower due to safety concerns

of an unenclosed stair tower.

Koktan stated the applicant could have shifted the stair tower further north with no height

limit. How is this request different than other flexibility requests and does the

Commission have discretion with the flexibility versus variance findings?

Johnson stated there are no other options. The variance findings are harder to make

versus determining public benefit. Planned development flexibility can be granted when

there is enhanced design. Moving the tower to the north may impact separation in regards

to Fire and Building Codes. Given the lesser difference, the limited area of the stair tower

and the flexibility, staff is comfortable with the deviation.

Rohman stated he did not have an issue with the cable railing on the east and west sides

considering how the cars are parked. The cars are not coming and going multiple times a

day. Is a separate motion or clarification needed?

Solberg questioned if the railings on the east and west sides are incidental to the

condition or if a modification is necessary.

Johnson stated staff can revise Condition #21 to meet the intent.

Markegard stated it is best to have Planning Commission direction in the motion

regarding Condition #21.

Koktan expressed concern about the headlights on the hotel.

Johnson mentioned the northern edge of the ramp is where the existing restaurant parking

lot island terminates. The vehicles are for display unless it is for a customer. The

headlights would be over the Denny’s.

Solberg asked about the cable railings on the east side.

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Phillips stated the headlights would be oriented toward Denny’s. It would wrap 20 feet.

The roof parking does not have cable railings, just a concrete protection along the sides.

The area is for vehicle storage only.

Koktan stated he still has concerns. He did not want to design on the spot.

Johnson showed the floor plan.

Solberg stated after seeing the floor plan, he did not have any concern about the

probability of headlights.

Rohman stated perhaps the motion could state that the wrap is permissible as long as it

does not encroach into the parking area.

Solberg stated the parking area is not enclosed with the cable railing, rather, the drive

aisle is in question and could potentially be viewable.

Solberg questioned whether the plan is sufficient or if an added motion is necessary.

Markegard stated Condition #21 could be amended to expand the exception to include

“and the northerly 20 feet of the eastern and western elevations”.

Koktan asked if the Commission would be OK including a positive recommendation or

review from staff to the motion.

Solberg asked which motion would need to be revised.

Markegard stated the third motion.

The item moves to City Council as a public hearing on June 7th, 2021.

ACTIONS OF THE COMMISSION:

M/Goltzman, S/Albrecht: To close the public hearing.

Motion carried 6-0. Confirmed with a roll call vote.

M/Albrecht, S/Goltzman: In Case #PL2021-42, I recommend approval of a

Comprehensive Plan Map Amendment to reguide 4217 American Boulevard West from

Community Commercial to Regional Commercial.

Motion carried 6-0. Confirmed with a roll call vote.

M/Rohman, S/Korman: In Case #PL2021-42, I recommend approval of an ordinance

rezoning 4217 American Boulevard West, except the southern 150 feet thereof, from CS-

0.5(PD) to C-1(PD).

Motion carried 6-0. Confirmed with a roll call vote.

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M/Albrecht, S/Koktan: In Case #PL2021-42, having been able to make the required

findings, I move to recommend approval of Preliminary and Final Development Plans for

a three-story, approximately 122,000 square foot motor vehicle sales and office facility

with a three-story parking structure with roof parking, subject to the conditions and Code

requirements attached to the staff report with the addition in Condition #21, “and the

northerly 20 feet of the easterly and westerly elevations as approved by the Planning

Manager.”

Motion carried 6-0. Confirmed with a roll call vote.

M/Albrecht, S/Rohman: In Case #PL2021-42, having been able to make the required

findings, I move to recommend approval of the Preliminary and Final Plat of PA

WALSER 2nd ADDITION, subject to the conditions and Code requirements attached to

the staff report.

Motion carried 6-0. Confirmed with a roll call vote.

RECOMMENDED CONDITIONS OF APPROVAL:

1. Prior to Permit A Site Development Agreement, including all conditions of approval and

memorializing the project phasing and performance proposal, must be

executed by the applicant and the City and must be properly recorded by

the applicant with proof of recording provided to the Director of

Community Development.

2. Prior to Permit A building permit for all required changes to accommodate the proposed

use be obtained.

3. Prior to Permit Sewer Availability Charges (SAC) must be satisfied.

4. Prior to Permit Access, circulation and parking plans must be approved by the City

Engineer.

5. Prior to Permit Sidewalk with a minimum width of eight feet must be installed along

American Boulevard West in a location approved by the City Engineer at

the developer's expense (Section 21.301.04(b)(1)).

6. Prior to Permit Bicycle parking spaces must be provided and located throughout the site

as approved by the City Engineer.

7. Prior to Permit Grading, Drainage, Utility and Erosion Control plans must be approved by

the City Engineer.

8. Prior to Permit Storm Water Management Plan must be provided that demonstrates

compliance with the City’s Comprehensive Surface Water Management

Plan. A maintenance plan must be signed by the property owners and must

be filed of record with Hennepin County.

9. Prior to Permit A Nine Mile Creek Watershed District permit must be obtained and a copy

submitted to the Engineering Division.

10. Prior to Permit A National Pollutant Discharge Elimination System (NPDES)

construction site permit and a Storm Water Pollution Prevention Plan

(SWPPP) must be provided if greater than one acre is disturbed (State of

MN and Federal regulation).

11. Prior to Permit An erosion control surety must be provided (16.08(b)).

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12. Prior to Permit A Minnesota Pollution Control Agency (MPCA) Sanitary Sewer

Extension or Modification Permit must be obtained or notification from

the MPCA that this permit is not required must be submitted to the City

(State of MN).

13. Prior to Permit A Minnesota Department of Health (MDH) watermain review and

approval must be obtained or notification from MDH that this permit is

not required must be submitted to the City (State of MN).

14. Prior to Permit Utility plan showing location of existing and proposed water main and fire

hydrant locations must be approved by the Fire Marshal and Utilities

Engineer (City Code Sec. 6.20, Minnesota State Fire Code Sec. 508).

15. Prior to Permit Tier 2 Transportation Demand Management plan must be submitted (Sec.

21.301.09(b)(2)).

16. Prior to Permit A parking signage and striping plan must be provided designating off-

street parking spaces available for customer or employee parking, spaces

for automobiles awaiting repair, and automobile inventory storage spaces.

17. Prior to Permit Surface parking lot must have parking islands consistent with design

standards and requirements of Section 21.301.06(c)(2)(H) of the City

Code.

18. Prior to Permit Landscape plan must be approved by the Planning Manager and landscape

surety must be filed (Sec 19.52).

19. Prior to Permit Parking lot and site security lighting plans must be revised to satisfy the

requirements of City Code Section 21.301.07.

20. Prior to Permit Exterior building materials must be approved by the Planning Manager

(Sec. 19.63.08).

21. Prior to Permit The parking structure must be designed to block vehicle headlights at a

minimum height consistent with the MN State Building Code on all floors

and elevations except for the northern elevation and the northerly 20 feet

of the easterly and westerly elevations as approved by the Planning

Manager.

22. Prior to Permit All trash and recyclable materials must be stored inside the principal

building (Sec. 21.301.17).

23. Prior to Permit The properties must be platted per Chapter 22 of the City Code and the

approved final plat must be filed with Hennepin County prior to the

issuance of any permits (22.03(a)(2)).

24. Prior to Permit A common parking agreement must be provided dedicating a minimum of

19 parking stalls to 4201 and 4209 American Boulevard West as approved

by the City Engineer, and proof of filing must be provided to the Manager

of Building and Inspection.

25. Prior to Permit A revised private common access agreement or easement for the eastern

driveway shared with to 4201 and 4209 American Boulevard West be

filed with Hennepin County and proof of filing provided to the

Engineering Division.

26. Prior to Permit The applicant shall provide letters of commitment from Walser, Toyota

Motor North America, Inc., and Bank of America, N.A. (or another major

financial institution) to demonstrate its intent and financing commitments

necessary to construct the Parking Structure and Office Structure.

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27. Prior to C/O Building must be provided with an automatic fire sprinkler system as

approved by the Fire Marshal (MN Bldg. Code Sec. 903, MN Rules

Chapter 1306; MN State Fire Code Sec. 903).

28. Prior to C/O Buildings shall meet the requirements of the Minnesota State Fire Code

Appendix L (Emergency Responder Radio Coverage) adopted through

City Ordinance to have approved radio coverage for emergency

responders based upon the existing coverage levels of the public safety

communication systems.

29. Prior to C/O Fire lanes must be posted as approved by the Fire Marshal (MN State Fire

Code Sec. 503.3).

30. Prior to C/O Prior to occupancy, life safety requirements must be reviewed and

approved by the Fire Marshal.

31. Prior to C/O The developer must submit electronic utility as-builts to the Public Works

Department prior to the issuance of the Certificate of Occupancy.

32. Prior to C/O All rooftop equipment must be fully screened (Sec. 21.301.18).

33. Ongoing The interim use for up to two years of Lot 1, Block 1, France 494 4th

Addition, as it may be replatted, for motor vehicle sales, including

accessory parking and storage whether on the surface or in a structured

facility along with the City’s issuance of a certificate of occupancy (“CO”)

for Phase I (“Parking Structure”) shall be contingent on 1) issuance of a

full building permit for a dealership/office building consistent with plans

approved in Case File #2021-42 and 2) receipt of proof of a deposit on

major structural elements for the dealership/office building. Permanent use

of Lot 1, Block 1, France 494 4th Addition, as it may be replatted, for

motor vehicle sales, including accessory parking and storage, is allowed

only after issuance of a certificate of occupancy (“CO”) for a

dealership/office building consistent with plans approved in Case File

#2021-42. The Community Development Director may, at her reasonable

discretion, extend the interim use period beyond two years in the event of

unforeseen circumstances provided substantial progress is being made on

the construction of the dealership/office building.

34. Ongoing The motor vehicle sales and repair facility and associated car wash must

comply with the noise source requirements of Section 10.29.02 of the City

Code.

35. Ongoing Development must comply with the Minnesota State Accessibility Code.

36. Ongoing Alterations to utilities must be at the developer's expense.

37. Ongoing Three foot high parking lot screening must be provided along American

Boulevard West as approved by the Planning Manager (Sec. 19.52).

38. Ongoing All construction related pick-up, drop-off, loading, unloading, parking,

staging and stockpiling must occur on site and off public streets.

39. Ongoing A Uniform Sign Design (USD) must be approved prior to the issuance of

sign permits. All signs must be in compliance with the requirements of

Chapter 19, Article X of the City Code and the approved USD.

40. Prior to Recording A title opinion or title commitment that accurately reflects the state

of title of the property being platted, dated within 6 months of

requesting City signatures, must be provided.

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41. Prior to Recording A consent to plat form from any mortgage company with property

interest must be provided.

42. Prior to Recording Public drainage and utility easements must be provided as approved

by the City Engineer.

43. Prior to Recording Public sidewalk and bikeway easements must be provided along all

street frontages as approved by the City Engineer.

44. Prior to Recording Park dedication must be satisfied.

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ITEM 4

8:13 p.m.

CASE:

APPLICANT:

LOCATION:

PL2021-20

City of Bloomington

Citywide

REQUEST: Consider an ordinance to establish additional standards and remove a

moratorium on self-storage facilities

PUBLIC HEARING DISCUSSION:

James provided key dates and updates from the Council meeting. After the May 3rd

meeting, the Council considered additional options and ultimately preferred a more

restrictive approach. Their direction includes the initial set of recommended standards,

prohibiting self-storage on Lyndale Avenue and Council approval of a Conditional Use

Permit. The initial recommendation includes prohibiting self-storage in transit station

areas, parcels designated as protected industrial, 500 feet from residentially zoned and

used properties, and parcels adjacent to Lyndale Avenue. Council is concerned about

future impacts as the Lyndale Avenue area sees more residential activities. Under the

proposed ordinance, there are an estimated four sites remaining that could accommodate

a new self-storage facility. However, many of these sites are not vacant and already have

a viable use. The Council approval of a CUP has minimal impact on existing self-storage

facilities, but it does add a few weeks to the application process. The proposed ordinance

will make seven of the nine self-storage facilities legally non-conforming with the City

Code. Staff received two items of correspondence including one in support of the

prohibition and one opposed to the restrictive approach.

Chair Solberg opened the public hearing. No one offered testimony.

The public hearing was closed via a 6-0 roll call vote on the motion.

Solberg mentioned the Council has made their position stronger.

Goltzman stated she agreed with the Council’s recommendation on the Lyndale Avenue

standard. She is comfortable with the higher buffer from residential, but it is not

preferred. The lighting is a concern, especially in close proximity to residential. The

proposed ordinance is similar to a moratorium without explicitly stating that. She did not

like the majority of the ordinance but agreed about the prohibition in the Lyndale Retrofit

Area.

Rohman stated clearly the Council has stated their desire. There are very few remaining

sites left for self-storage. He was not in favor of passing an ordinance that is similar to

prohibiting the use altogether.

Albrecht stated the ordinance is similar to extending the moratorium. There are very few

remaining sites left. This in-between approach is not smart.

Koktan stated the ordinance is ridiculous. Out of thousands of parcels, only four viable

sites are remaining. There is so much of Lyndale Avenue that needs to be redeveloped.

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Perhaps it is smart to allow self storage on Lyndale for now and as it develops, they could

revisit prohibiting the use on Lyndale Avenue.

Rohman thanked staff for their hard work.

Solberg agreed.

Albrecht stated there are four sites left and then a CUP is required? There are too many

hoops.

Solberg stated adding the Council approval of the CUP is more oversight than needed. If

the Council wants to prohibit the use, then do so. If they are concerned about the

elements of self-storage, then the City can adopt design standards to align with the

changing community.

Albrecht stated she has driven by the U-Haul site on Lyndale Avenue. The added design

elements makes a difference. It is possible to make it look appealing, considering the

Commission reviewed a brick variance earlier tonight.

Koktan appreciated the intent of restricting the use on Lyndale Avenue but why now? It

will take 25+ years to build out the vision on Lyndale Avenue. This is too early. Why

prohibit it on 92nd and Lyndale Avenue?

Rohman clarified if they deny the ordinance, what does that mean for the moratorium?

Solberg stated by denying the ordinance, the moratorium stays until it expires.

Koktan asked when the moratorium ends.

James stated the moratorium ends on June 22, 2021.

Koktan stated he had no issue with the moratorium expiring.

The item moves to City Council as a public hearing on May 24th, 2021.

ACTIONS OF THE COMMISSION:

M/Goltzman, S/Rohman: To close the public hearing.

Motion carried 6-0. Confirmed with a roll call vote.

M/Koktan, S/Albrecht: In Case PL2021-20, I move to recommend denial of the

ordinance attached to the staff report amending Chapter 21 of the City Code to establish

additional standards for self-storage facilities and to remove the moratorium on self-

storage facilities.

Motion carried 6-0. Confirmed with a roll call vote.

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Planning Commission Synopsis May 13, 2021

ITEM 5

8:39 p.m.

APPLICANT:

LOCATION:

City of Bloomington

Citywide

REQUEST: France Avenue and W 108th Street: Proposed School Crosswalk Safety

Improvements and France Avenue Striping Changes

PUBLIC HEARING DISCUSSION:

Marohn provided the subject location. Community engagement brought this intersection

as a concern for pedestrian crossing. An initial first step is to gather pedestrian counts.

Due to the pandemic, staff has not been able to collect data. There are 30 students of

Westwood Elementary that live west of France Avenue this year. On this section of

France Avenue, the volume are about 3,000 vehicles a day. The north leg and east legs of

the intersection have been crosswalk markings and ADA ramps. The overhead lighting

has been improved as well. There is a sidewalk gap between 108 Place and France

Avenue. As part of the 108th Street reconstruct project, that gap will be connected.

Crosswalk treatments are prescribed based on traffic volumes, speeds and roadway cross

section. If traffic volumes are lower, the best way to address pedestrian safety is to reduce

the number of lanes the pedestrians have to navigate across. Staff has determined that

curb extensions on the north side is the best treatment at this time. Curb extensions will

increase visibility of the pedestrians, encourage slower turning speeds, reduce pedestrian

crossing travel and will create a gateway to a residential and pedestrian area. Staff intends

to do a full four-way stop analysis after staff collects data counts in fall 2021 or spring

2022. In order to construct the curb bump-out, the four lanes will be reduced to two-lanes

north of the intersection and continue the 2-lane cross section to W 110th Street. The lane

will be wide enough through the curb extension for a vehicle and a bicycle. At 110th

Street, the roadway is already a 2-lane cross section. Staff posted the proposed project

information on Let’s Talk Bloomington webpage and sent out mailings. The survey

results indicated 4 of the 5 survey respondents were in support of the bump outs. One

comment asked about an improvement at another location at France Avenue and

Canterbury Drive. That intersection has higher traffic volumes.

Solberg stated he often sees kids crossing that intersection. If there are crosswalks at two,

why not add it to all four sides? It also facilitates ADA movements as well.

Marohn stated the 108th Street reconstruct is only the west leg and not the east leg. It is a

good point that bump outs work around the crosswalks on both legs. However, they have

less concern about the traffic volumes on 108th Street. They do not want to restrict

turning movements for school buses. Wrapping a bump out all the way around affects the

movements for school buses.

Solberg asked for best practice for striping two legs as opposed to four legs.

Marohn stated on some side streets, if all four sides are crosswalks, it gives an illusion

that it is a four way stop intersection.

Koktan asked about crossing guards.

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Planning Commission Synopsis May 13, 2021

Marohn stated the Bloomington Public Schools do not use crossing guards but there are

student patrols at the school sites.

Rohman asked why the roadway returns to existing condition south of 108th Street.

Marohn stated the intent is that it will be a full two lane except for the last 100 feet

toward 110th Street. Staff will take a look to see if there is enough traffic to adequately

serve by a single lane.

Goltzman commended staff to enhance the intersection in the short term. Continuation of

sidewalks is important as well.

Korman stated it is important to ensure students are safe. Winter time makes everything

more dangerous. Student patrols are on the school site but are not placed this far away

from the school. She supported the improvements.

Chair Solberg opened the public hearing.

The public hearing was closed via a 6-0 roll call vote on the motion. No one offered

testimony.

The item moves to the Council on May 24th, 2021.

ACTIONS OF THE COMMISSION:

M/Goltzman, S/Korman: To close the public hearing.

Motion carried 6-0. Confirmed with a roll call vote.

M/Albrecht, S/Korman: We the Planning Commission supports the staff recommended

pedestrian crossing safety improvement at France Avenue and W 108th Street, which

includes: curb bulb-outs on the north leg of the intersection, on both sides of France

Avenue; and striping changes on France Avenue.

Motion carried 6-0. Confirmed with a roll call vote.

The meeting adjourned at 9:16 p.m.

Prepared By: Liz O’Day Reviewed By: Glen Markegard,

Mike Centinario,

Nick Johnson,

Shawn James, Amy

Marohn

Approved By Planning Commission:

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