2012 Meeting Schedule

Minneapolis City Planning Commission Agenda

Regular Meeting

August 27, 2012

4:30 p.m. - City Hall, 350 S 5th St - Room 317, Minneapolis, Minnesota

Commissioners: President Motzenbecker, Cohen, Huynh, Kronzer, Luepke-Pier, Mammen, Schiff, Tucker and Wielinski – 9

Committee Clerk: Lisa Baldwin (612) 673-3710

Call to order

Approval of the Agenda

Committee of the Whole Consent Agenda – August 16, 2012

1.     Hi-Lake Triangle Apartments Tax Increment Financing (TIF) Plan and the related Modification No. 23 to the Model City Urban Renewal Plan and Modification No. 122 to the Common Development and Redevelopment Plan and Common TIF Plan (Staff: Paul Mogush)

Recommended Action: Approve the staff report – the item is consistent with The Minneapolis Plan.

Public Hearings

Introduction to the Public Hearing

Public Hearing

1.  Grandma’s Associates LLC (Vac-1606, Ward: 2), (Janelle Widmeier).

Staff report

A. Vacation: Application by Grandma’s Associates, LLC to vacate a City sewer easement located at the southwest corner of the intersection of 2nd St S and 19th Ave S.

Recommended Motion: The Department of Community Planning and Economic Development—Planning Division recommends that the City Planning Commission and the City Council adopt the findings and approve the vacation.

2.  Oaks Station Place (BZZ-5700, Ward: 12), 3550 46th St E (Janelle Widmeier).

Staff report

A. Variance: Application by James Schloemer with Kaas-Wilson Architects, on behalf of Oaks Properties, for a variance to increase the maximum height of a fence from 6 feet to 7.5 feet to allow for the installation of a cedar fence adjacent to the west property line located at the property of 3550 46th St E.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the Planning Commission adopt the findings and approve the variance to increase the maximum height of a fence from 6 feet to 7.5 feet to allow for the installation of a cedar fence adjacent to the west property line located at the property of 3550 46th St E, subject to the following condition:

  1. The fence shall be set back a minimum of 10 feet from the lot line adjacent to 46th St E.

3.  Sunshine Adult Day Care (BZZ-5679, Ward: 6), 2612-2614 1st Ave S (Shanna Sether).

Staff report

A. Conditional Use Permit: Application by Thomas Tan Nguyen and Si Nguyen of Sunshine Adult Day Care for a conditional use permit to allow for a development achievement center in an existing building for the property located at 2612-2614 1st Ave S in the R2B Two-Family District and PO Pedestrian Oriented Overlay District.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit to allow for a development achievement center in an existing building for the properties located at 2612-2614 1st Ave S in the R2B Two-Family District and PO Pedestrian Oriented Overlay District, subject to the following conditions:

  1. The Community Planning and Economic Development Planning Division shall review and approve the final site, landscaping, and floor plans.

  2. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  3. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator or the permit may be revoked for non-compliance.

4.  Lake Country School (BZZ-5683, Ward: 8), 3733-3749 Pleasant Ave S (Aaron Hanauer).

Staff report

Site plan

A. Conditional Use Permit: Application by Paulette Zoë, on behalf of Lake Country School, for a conditional use permit application to allow for the expansion of a school’s outdoor area in the R1A zoning district at 3733 Pleasant Ave S. Lake Country School is proposing a garden/outdoor classroom at this location.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit to allow the expansion of an elementary school’s outdoor facilities, subject to the following conditions:

The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  1. Raised planting beds in the side yard setback shall comply with permitted obstruction requirements in Table 535-1 of the Zoning Code.

  2. The ground level deck and canopy shall meet the side yard setback requirements of Chapter 546 of the Zoning Code.

  3. The parking spaces in the boulevard easement along Pleasant Ave S shall be removed.

  4. The boulevard easement shall be landscaped with turf grass, native grasses, or other perennial flowering plants.

  5. The landscaped yard, between the sidewalk and property line, shall have screening that is in compliance with Section 530.170 (b) (2) of the Zoning Code.

5.  OceanTech (BZZ-5659, Ward: 1), 1313 Winter St NE (Aly Pennucci).

Staff report

Site plan

A. Conditional Use Permit: Application by Mikhail Zabezhinsky of OceanTech, for a conditional use permit to establish a recycling facility in the existing building located at 1313 Winter St NE, in the I2 Medium Industrial District.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit for a recycling facility for the property located at 1313 Winter St NE, subject to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within two years of approval.

  2. The use shall be performed in a fully enclosed building, except that paper and cardboard may be stored outside in fully enclosed containers or trailers. For the purposes of this requirement, "enclosed" shall mean completely enclosed with no outdoor storage, sorting or processing of materials.

B. Site Plan Review: Application by Mikhail Zabezhinsky of OceanTech, for a site plan review for the property located at 1313 Winter St NE, in the I2 Medium Industrial District.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the site plan review for the property located 1313 Winter St NE, subject to the following conditions:

  1. CPED Planning staff review and approve the site plan and landscaping plan before permits may be issued. 

  2. All site improvements shall be completed by August 27, 2014, (unless extended by the Zoning Administrator) or permits may be revoked for noncompliance.

  3. The applicant shall work with construction code service staff to ensure that the proposed accessible parking space meets all requirements.

  4. The final site plan shall show refuse storage locations and, if located outdoors, shall be screened per section 535.80 of the zoning code.

  5. The applicant shall provide 20 shrubs along the front of the building to soften the front elevation.

  6. The applicant shall provide a minimum of three (3) trees in the front of the building as shown on the site plan.

  7. The driveway and parking area shall be surfaced with materials in compliance with section 541.300 of the zoning code.

  8. The parking area shall be striped in compliance with section 541.320 of the zoning code.

6.  Charlie Nestor (BZZ-5648, Ward: 1), 1515 Central Ave NE, 1515 ½ Central Ave NE, 1600 Fillmore Ave NE, and 1611 Polk St NE (Aly Pennucci).

Staff report

A. Rezoning: Application by Charlie Nestor, on behalf of 1515 SIB, LLC, has submitted a rezoning petition to change the zoning classification for the properties located at 1515 Central Ave NE, 1515 ½ Central Ave NE, 1600 Fillmore Ave NE, and 1611 Polk St NE, to add the IL Industrial Living Overlay District to the existing I1 Light Industrial District and I2 Medium Industrial District to allow for more flexibility in uses at this location.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission and City Council adopt the findings and approve the rezoning petition to add the IL Industrial Living Overlay District to the existing I1 Light Industrial District and I2 Medium Industrial District for the properties located at 1515-1515 ½ Central Ave NE, 1600 Fillmore Ave NE; 1611 Polk St NE.

7.  American Legion (BZZ-5655, Ward: 5), 2038 W Broadway (Aly Pennucci).

Staff report

A. Conditional Use Permit: Application by Elton Johnson, on behalf of the American Legion Johnny Baker Post No. 291, has submitted an application for a conditional use permit to establish a club or lodge, with limited entertainment, at 2038 West Broadway, in the C1 Neighborhood Commercial District and PO Pedestrian Oriented Overlay District.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit for a club or lodge, with limited entertainment, at 2038 West Broadway in the C1 Neighborhood Commercial District and PO Pedestrian Oriented Overlay District, subject to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  2. The applicant shall provide a minimum of three bicycle parking spaces on site or within the public right-of-way, as approved by the city engineer.

  3. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

8.  Seward Child Care Center (BZZ-5674, Ward: 2), 2323 32nd Ave S (Kimberly Holien).

Staff report

A. Conditional Use Permit: Application by The Seward Child Care Center for an amended conditional use permit to amend previously approved conditions for an existing child care center at 2323 32nd Ave S.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the amended conditional use permit for a child care center at the property of 2323 32nd Ave S, and is now subject only to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  2. The child care center shall be required to comply with the MN Department of Human Services adult-child ratio requirements for child care centers, in lieu of requiring four adults on the premises at all times. 

  3. The child care center shall be allowed to be open to the public within the hours permitted for the R1A district. 

  4. A privacy fence shall be erected and maintained on the premises.

  5. That the property must be suitably maintained throughout the 12 month permit period.

9.  Bepex Warehouse (BZZ-5701, Ward: 1), 340 Taft St NE (Aaron Hanauer).

Staff report

Site plan

A. Site Plan Review: Application by Brian Trombley, on behalf of Bepex Holding LLC, for a site plan review application to allow for a new 22,000 square foot warehouse building at 340 Taft St NE in the I2 Medium Industrial zoning district.

Recommended Motion: The Community Planning and Economic Development Department - Planning Division recommends that the City Planning Commission adopt the findings and approve the site plan review application for the property located at 340 Taft St NE subject to the following conditions:

  1. Approval of the final site, elevation, landscaping and lighting plans by the Department of Community Planning and Economic Development – Planning Division.

  2. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  3. Ground floor windows shall have clear or lightly tinted glass with a visible light transmittance ratio of 0.6 or higher as required by Section 530.120 of the zoning code.

  4. Ground floor windows shall allow views into and out of the building at eye level as required by Section 530.120 of the zoning code. Shelving, mechanical equipment or other similar fixtures shall not block views into and out of the building in the area between four (4) and seven (7) feet above the adjacent grade. 

  5. A decorative fence shall be installed in the parking lot’s landscaped area that is in compliance with Section 530.170 (b) of the zoning coded.

  6. Lighting levels shall meet the requirements outlined in Section 535.590 of the zoning code.

  7. Vertically oriented strips of smooth surface concrete shall be included at least every 25 feet to break up the blank horizontal wall. The Planning Division shall approve the final building material design prior to building permits being issued.

  8. Horizontal strip of smooth surface concrete shall be included between two and ten feet. The Planning Division shall approve the final building material design prior to building permits being issued.

  9. Retain and/or plant additional canopy or evergreen trees at a twenty foot interval along the western elevation of the building and along the western and northern edge of the parking lot.

  10. A minimum of 6 canopy trees and 29 shrubs shall be installed that meet the requirements outlined in Section 530.160 of the zoning code.

  11. Installation and maintenance of all landscape materials shall comply with the standards outlined in Section 530.210 of the zoning code.

10. Brunsfield Place (BZZ-5656, Wards: 5 and 7), 915 Washington Ave N (Becca Farrar). This item was continued from the August 13, 2012 meeting.

Staff report

Site plan

A. Conditional Use Permit: Application by Julie Snow Architects, Inc., on behalf of Brunsfield Place, LLC, for a conditional use permit to allow 6 surface parking stalls in the DP (Downtown Parking) Overlay District for the property located at 915 Washington Ave N.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a conditional use permit to allow 6 surface parking stalls on the premises for a new mixed-use development located in the B4N (Downtown Neighborhood) District and DP (Downtown Parking) Overlay District, on the property located at 915 Washington Ave N subject to the following conditions of approval:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  2. There shall be no more than 6 surface parking stalls on the premises.

B. Variance: Application by Julie Snow Architects, Inc., on behalf of Brunsfield Place, LLC, for a variance of the rear yard setback along the south property line for the property located at 915 Washington Ave N.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the rear yard setback along the south property line from 15 feet to 5 feet for the building wall, to allow an outdoor dog walk between the building and the property line, and to allow a transformer for the property located at located at 915 Washington Ave N.

C. Variance: Application by Julie Snow Architects, Inc., on behalf of Brunsfield Place, LLC, for a variance of the interior side yard setback along the west property line for the property located at 915 Washington Ave N.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the interior side yard setback along the west property line from 15 feet to 5 feet for the building wall for property located at 915 Washington Ave N.

D. Site Plan Review: Application by Julie Snow Architects, Inc., on behalf of Brunsfield Place, LLC, for a site plan review to allow for the construction of a new 6-story, mixed-use development that includes a total of 50 market-rate apartments, 9,000 square feet of ground floor commercial/retail space, a total of 50 parking spaces within an underground parking garage and 6 surface parking spaces. The property is zoned B4N (Downtown Neighborhood) District and is located in the DP (Downtown Parking) Overlay District for the property located at 915 Washington Ave N.

Recommended Motion: The Department of Community Planning and Economic Development– Planning Division recommends that the City Planning Commission approve the site plan review application to allow for a new 6-story, mixed-use development that includes a total of 50 market-rate apartments, 7,000 square feet of ground floor commercial/retail space, a total of 58 parking spaces within an underground parking garage and 6 surface parking spaces on the property located at 915 Washington Ave N subject to the following conditions of approval:

  1. Planning Staff review and approval of the final site, elevation, lighting and landscaping plans. 

  2. All site improvements shall be completed by August 13, 2013, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  3. Entrances shall be incorporated into the ground-level commercial tenant spaces off of the public sidewalk along Washington Ave N.

  4. No shelving, signage, merchandise, newspaper racks or other mechanisms shall be placed in front of the required ground level transparent windows in each commercial tenant space.

  5. Incorporation of windows, entries, recesses, projections or other architectural elements along the west elevation of the proposed building to break up the blank uninterrupted walls that exceed 25 feet in width per Section 530.120 of the Zoning Code.

  6. All fencing proposed on site shall be decorative metal. No chain-link fencing/mesh shall be permitted on the premises.

11. 401 Nicollet Mall (BZZ-5703 and Vac-1607, Ward: 7), 401 Nicollet Mall and 47 4th St S (Becca Farrar).

Staff report

Site plan

A. Variance: Application by Faegre Baker Daniels, LLP, on behalf of GDSX, LLC, for a variance of the Nicollet Mall (NM) Overlay Standard pertaining to building placement as portions of the building are proposed to be located more than 8 feet from Nicollet Mall for the properties located at 401 Nicollet Mall and 47 4th St S.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the variance of the NM (Nicollet Mall) Overlay District standard pertaining to building placement as portions of the building are proposed to be located more than 8 feet from Nicollet Mall and 4th St S on the properties located at 401 Nicollet Mall and 47 4th St S.

B. Variance: Application by Faegre Baker Daniels, LLP, on behalf of GDSX, LLC, for a variance of the Nicollet Mall (NM) Overlay Standard pertaining to the street level retail requirement, where retail uses are required to occupy at least 60% of the gross floor area of the first floor and must extend along at least 60% of the first floor façade fronting on Nicollet Mall for the properties located at 401 Nicollet Mall and 47 4th St S.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the variance of the NM (Nicollet Mall) Overlay District standard pertaining to pertaining to the street level retail requirement, where retail uses are required to occupy at least 60% of the gross floor area of the first floor and must extend along at least 60% of the first floor façade fronting on Nicollet Mall on the properties located at 401 Nicollet Mall and 47 4th St S.

C. Site Plan Review: Application by Faegre Baker Daniels, LLP, on behalf of GDSX, LLC, for a site plan review for a 9-floor, 161-foot tall, 221,000 square foot office building located on Nicollet Mall. The property is located in the B4-2 (Downtown Business) District, DP (Downtown Parking) Overlay District and NM (Nicollet Mall) Overlay District for the properties located at 401 Nicollet Mall and 47 4th St S.

Recommended Motion: The Community Planning and Economic Development Department – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for site plan review to allow a new 9-floor, 161-foot tall, 222,879 square foot office building located on Nicollet Mall. The property is located in the B4-2 (Downtown Business) District, DP (Downtown Parking) Overlay District and NM (Nicollet Mall) Overlay District on the properties located at 401 Nicollet Mall and 47 4th St S subject to the following conditions:

  1. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  2. Planning Staff review and approval of the final site, elevation, landscaping and lighting plans before building permits may be issued.

  3. The incorporation of windows, entries, recesses, projections or other architectural elements along the south elevation of the proposed building to break up the blank uninterrupted walls that exceed 25 feet in width per Section 530.120 of the Zoning Code.

  4. The applicant is encouraged to provide additional short-term and/or long-term bicycle parking for employees, as well as shower facilities and clothing storage areas.

  5. The applicant shall work with Planning Staff to accommodate opportunities for outdoor seating as part of the streetscape design in conjunction with the Downtown Improvement District (DID) and the Downtown Council.

D. Vacation: Application by Faegre Baker Daniels, LLP, on behalf of GDSX, LLC, for a vacation application to vacate multiple alley and sidewalk easements in the block bounded by Nicollet Mall, 4th St S, 5th St S, and Marquette Ave for the properties located at 401 Nicollet Mall and 47 4th St S.

Recommended Motion: The Department of Community Planning and Economic Development– Planning Division recommends that the City Planning Commission and the City Council accept the findings and approve the vacation application of multiple public alley easements in the block bounded by Nicollet Mall, 4th St S, 5th St S, and Marquette Ave for the properties located at 401 Nicollet Mall and 47 4th St S subject to the provision of easements dedicated to Qwest over the entire described areas to be vacated.

12. Tony Kriha (BZZ-5621 and MS-223, Ward: 10), 3401 Irving Ave S and 1523 34th St W (Janelle Widmeier).

Staff report

A. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to reduce the minimum front yard requirement adjacent to 34th St W from 20 feet to 15.8 feet for the west lot for the property located at 3401 Irving Ave S and 1523 34th St W to allow the separation of the existing duplex into two single-family dwellings.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the minimum front yard requirement adjacent to 34th St Wfrom 20 feet to 15.8 feet for the west lot (Parcel A) for the property located at 3401 Irving Ave S and 1523 34th St W.

B. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to reduce the minimum interior side yard requirement adjacent to the proposed shared lot line from 5 feet to 3 feet for the west lot for the property located at 3401 Irving Ave S and 1523 34th St W.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the minimum interior side yard requirement adjacent to the proposed shared lot line from 5 feet to 3 feet for the west lot (Parcel A) for the property located at 3401 Irving Ave S and 1523 34th St W.

C. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to reduce the minimum front yard requirement adjacent to 34th St W from 20 feet to 8 feet for the east lot for the property located at 3401 Irving Ave S and 1523 34th St W.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the minimum front yard requirement adjacent to 34th St W from 20 feet to 8 feet for the east lot (Parcel B) for the property located at 3401 Irving Ave S and 1523 34th St W.

D. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to reduce the minimum interior side yard requirement adjacent to the proposed shared lot line from 5 feet to 0.29 feet for the east lot for the property located at 3401 Irving Ave S and 1523 34th St W to allow the separation of the existing duplex into two single-family dwellings.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the minimum interior side yard requirement adjacent to the proposed shared lot line from 5 feet to 0.29 feet for the east lot (Parcel B) for the property located at 3401 Irving Ave S and 1523 34th St W.

E. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to reduce the minimum lot width requirement from 40 feet to 39.16 feet for the east lot for the property located at 3401 Irving Ave S and 1523 34th St W to allow the separation of the existing duplex into two single-family dwellings.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to reduce the minimum lot width requirement from 40 feet to 39.16 feet for the east lot (Parcel B) for the property located at 3401 Irving Ave S and 1523 34th St W.

F. Variance: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a variance to increase the maximum floor area ratio from 0.5 to 0.62 for the dwelling on the east lot lot for the property located at 3401 Irving Ave S and 1523 34th St W to allow the separation of the existing duplex into two single-family dwellings.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a variance to increase the maximum floor area ratio from 0.5 to 0.62 for the dwelling on the east lot (Parcel B) for the property located at 3401 Irving Ave S and 1523 34th St W.

G. Minor Subdivision: Application by Tony Kriha, on behalf of the Irving Twinhomes Condo Assoc, for a minor subdivision to create two lots with subdivision variances to allow a reverse frontage lot and lots with more than five sides for the property located at 3401 Irving Ave S and 1523 34th St W.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a minor subdivision to create two lots with subdivision variances to allow a reverse frontage lot (Parcel A) and lots with more than five sides (Parcels A and B) for the property located at 3401 Irving Ave S and 1523 34th St W, subject to the following conditions:

  1. All zoning code and building code compliance issues created by the approval of this subdivision shall be addressed before the subdivision is recorded with Hennepin County. The subdivision resolution of the planning commission action shall not be released until Planning staff has verified with the applicable City authorities that all known compliance issues have been resolved.

13. Park Vista (BZZ-5660 and PL-246, Ward: 7), 110 and 124 12th Ave S and 1102 2nd St S (Becca Farrar). This item was continued from the August 13, 2012 meeting.

Staff report

Site plan

A. Conditional Use Permit: Application by Shamrock Development, Inc., to amend the conditional use permit for a planned unit development for the properties located at 110 and 124 12th Ave S, and 1102 2nd St S.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application to amend the conditional use permit for a Planned Unit Development on the property located at 110 and 124 12th Ave S and 1102 2nd St S subject to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  2. As required by section 527.120 of the zoning code, the development shall comply with the standards for some combination of the following amenities from Table 527-1, Amenities and those proposed by the applicant totaling a minimum of 15 points: outdoor open space, outdoor children’s play area, decorative or pervious surfaces, a pet exercise area and a recycling storage area.

B. Site Plan Review: Application by Shamrock Development, Inc., to amend the site plan review application to allow for the construction of a new 12-story, residential development that includes a total of 169 condominium units and 319 parking spaces within an underground parking garage. The property is zoned C3A (Community Activity Center) District and is located in the DH (Downtown Height), DP (Downtown Parking) and MR (Mississippi River Critical Area) Overlay Districts for the properties located at 110 and 124 12th Ave S, and 1102 2nd St S.

Recommended Motion: The Community Planning and Economic Development - Planning Division recommends that the City Planning Commission adopt the findings and approve the application to amend the approved site plan for a new 12-story, residential development that includes a total of 169 condominium units and 319 parking spaces within an underground parking garage on the property located at 110 and 124 12th Ave S and 1102 2nd St S, subject to the following conditions:

  1. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  2. Planning Staff review and approval of the final site, elevation, landscaping and lighting plans before building permits may be issued.

  3. No plain face CMU shall be permitted on the exterior of the building.

  4. The applicant shall work with Planning Staff to eliminate the spandrel glass panels shown along 2nd St S and replace with an alternative material.

C. Plat: Application by Shamrock Development, Inc., for a final plat for the properties located at 110 and 124 12th Ave S, and 1102 2nd St S.

Recommended Motion: The Community Planning and Economic Development Department – Planning Division recommends that the City Planning Commission approve the final plat for property located at 110 and 124 12th Ave S and 1102 2nd St S.

14. The Interchange (BZZ-5502 and RLS-65, Ward: 5), 417 5th St N (528 7th St N) (Becca Farrar).

Staff report

Site plan

A. Rezoning: Application by Hennepin County for a petition to rezone the property located at 417 5th St N (528 7th St N) from the I3 (General Industrial) District to the B4N (Downtown Neighborhood) District. The DP (Downtown Parking) Overlay District will be maintained.

Recommended Motion: The Department of Community Planning and Economic Development - Planning Division recommends that the City Planning Commission and City Council adopt the findings and approve the rezoning petition to change the zoning classification of the property located at 417 5th St N (528 7th St N) from the I3 (General Industrial) District to the B4N (Downtown Neighborhood) District. The DP (Downtown Parking) Overlay District will be maintained.

B. Conditional Use Permit: Application by Hennepin County for a conditional use permit for a Principal Parking Facility containing approximately 300 parking spaces located at 417 5th St N (528 7th St N).

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for a conditional use permit to allow a principal parking facility containing approximately 300 parking spaces on the property located at 417 5th St N (528 7th St N) subject to the following condition of approval:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

C. Site Plan Review: Application by Hennepin County for a site plan review to allow for the construction of components within a new multi-modal transportation hub located at 417 5th St N (528 7th St N). The principal elements of the project include: a large outdoor multi-level publicly accessible open space area with an amphitheater, a new office building for the Hennepin Energy Recovery Center facility, an approximately 300 space principal parking facility, new core/shell spaces for future retail/restaurant uses, public restrooms, a transit police office and bike bar, all adjacent to a new elevated Light Rail Transit (LRT) line with a platform.

Recommended Motion: The Department of Community Planning and Economic Development– Planning Division recommends that the City Planning Commission approve the site plan review application to allow for the construction of components within a new multi-modal transportation hub. The principal elements of the project include: a large outdoor multi-level publicly accessible open space area with an amphitheater, a new office building for the Hennepin Energy Recovery Center facility, an approximately 300 space principal parking facility, new core/shell spaces for future retail/restaurant uses, public restrooms, a transit police office and bike bar, all adjacent to a new elevated Light Rail Transit (LRT) line with a platform on the property located at 417 5th St N (528 7th St N) subject to the following conditions of approval:

  1. Planning Staff review and approval of the final site, elevation, lighting and landscaping plans. 

  2. All site improvements shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  3. Principal entrances to each of the retail spaces shall face the public street.

  4. The entrance to the HERC office building off of the on-site surface parking lot on the west elevation of the building shall incorporate a more prominent entrance.

  5. The retail/restaurant core and shell spaces in both the east and west buildings shall meet the 30% window requirement for two of the elevations of the building facing the public street and shall meet the 20% requirement on two of the non-street facing elevations.

  6. The west elevation of the ground level of the HERC office building shall incorporate 15% window openings into the ground level parking garage.

  7. Incorporation of windows, entries, recesses, projections or other architectural elements into the building walls of the proposed retail spaces and proposed HERC office building to break up the blank uninterrupted walls that exceed 25 feet in width per Section 530.120 of the Zoning Code.

  8. The exterior materials on all proposed buildings shall be compatible on all sides. 

  9. Planning Staff shall review a final landscape plan for the outdoor open space incorporated as part of the proposal.

  10. The surface parking lot serving the HERC facility shall be landscaped and screened in compliance with Section 530.170 of the Zoning Code. A final landscape plan would need to be reviewed and approved prior to building permit issuance for the site.

D. Registered Land Survey: Application by Hennepin County for a registered land survey for the property located at 417 5th St N (528 7th St N).

Recommended Motion: The Community Planning and Economic Development Department – Planning Division recommends that the City Planning Commission approve the preliminary and final Registered Land Survey (RLS) application for properties located at 417 5th St N (528 7th St N) subject to the following condition of approval:

  1. A cross-access easement shall be required in order to ensure access to the HERC office building.

15. UTEC Mixed-Use (BZZ-5675 and PL-267, Ward: 3), 1313 5th St SE (Kimberly Holien).

Staff report

Site plan

A. Conditional Use Permit: Application by Jared Schenk of GEM Realty Capital for a conditional use permit for a Planned Unit Development consisting of 330 dwelling units and approximately 46,500 square feet of commercial space for the property located at 1313 5th St SE, in the C2, Neighborhood Corridor Commercial district and the UA, University Area and PO, Pedestrian Oriented overlay districts.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit to allow a planned unit development with 326 dwelling units and 47,190 square feet of ground floor commercial space located at the property of 1313 5th St SE, subject to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

  2. As required by section 527.120 of the zoning code, the development shall comply with the standards for some combination of the following amenities from Table 527-1, Amenities totaling a minimum of 25 points: Recreational Green Roofs equivalent to 25 percent of the total roof area, Outdoor Open Space, Plaza, Pedestrian Improvements, Reflective Roof, Decorative Fencing, Enhanced Exterior Lighting, Water Feature and Recycling Storage Area.  

  3. The applicant shall implement all amenities as required by section 527.120 of the zoning code by August 27, 2014. 

  4. A minimum of 30 shrubs shall be planted within the courtyard space in order to qualify for the Outdoor Open Space Amenity per Table 527-1, Amenities, of the zoning code. 

  5. The applicant shall make consideration for the salvage and reuse of existing building elements per Section 527.260 of the zoning code, including but not limited to stone elements, flooring from the gymnasium, the trophy case, decorative wrought iron detailing from the building exterior, classroom desks and chalkboards.   

B. Conditional Use Permit: Application by Jared Schenk of GEM Realty Capital for a conditional use permit to increase height in the C2 district from 4 stories, 56 feet to 6 stories, 76 feet for the property located at 1313 5th St SE, in the C2, Neighborhood Corridor Commercial district and the UA, University Area and PO, Pedestrian Oriented overlay districts.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the conditional use permit to increase height from 4 stories, 56 feet to 7 stories, 76 feet for the property at 1313 5th St SE, subject to the following conditions:

  1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

C. Site Plan Review: Application by Jared Schenk of GEM Realty Capital for a site plan review for the property located at 1313 5th St SE, in the C2, Neighborhood Corridor Commercial district and the UA, University Area and PO, Pedestrian Oriented overlay districts.

Recommended Motion: The Community Planning and Economic Development Department – Planning Division recommends that the City Planning Commission adopt the findings and approve the application for site plan review for the property located at 1313 5th St SE, subject to the following conditions:

  1. Community Planning and Economic Development Department – Planning Division staff review and approval of the final elevations, floor, site, lighting and landscape plans.

  2. Site improvements required by Chapter 530 or by the City Planning Commission shall be completed by August 27, 2014, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

  3. Blank walls in excess of 25 feet on the south interior courtyard elevation and the west elevation shall be modified to include windows, entries, recesses, projections or other architectural elements in compliance with Section 530.120 of the zoning code.   

  4. Cement board (Hardi) panels shall not exceed more than 30% coverage on any single exterior elevation of the proposed building.

  5. Shelving, mechanical equipment or other similar fixtures shall not block views into and out of the building in the area between four (4) and seven (7) feet above the adjacent grade, in compliance with Section 530.120 of the zoning code.

  6. At least 40 percent of the first floor façade for each of the non-residential uses shall be windows or doors of clear or lightly tinted glass that allow view into and out of the building at eye level, in accordance with Section 551.120 of the zoning code.   

  7. A minimum of 790 long-term bicycle parking spaces shall be provided within the underground parking area and a minimum of 49 short-term bicycle parking spaces shall be provided, in compliance with Section 541.180 of the zoning code.

D. Plat: Application by Jared Schenk of GEM Realty Capital for a plat for the property located at 1313 5th St SE, in the C2, Neighborhood Corridor Commercial district and the UA, University Area and PO, Pedestrian Oriented overlay districts.

Recommended Motion: The Department of Community Planning and Economic Development – Planning Division recommends that the City Planning Commission adopt the findings and approve the preliminary plat for the property located at 1313 5th St SE, subject to the following condition:

  1. The plat shall include a deed restriction as required by section 598.260 of the subdivision ordinance.

Commission Business

Adjournment

Next Regular Planning Commission Meeting: September 19, 2012

The President reserves the right to limit discussion on Agenda items.

Recommendations of the Planning Commission on public hearing items are only forwarded to the Zoning and Planning Committee of the City Council for applications for rezonings, street or alley vacations, Zoning Code text amendments, and comprehensive plan amendments. Planning Commission decisions are final on all other items unless appealed.

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Last updated Aug. 22, 2012