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HomeMy WebLinkAbout2008 02-14 PCMMINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 14, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Lund, Tim Roche, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Parks was absent and excused. APPROVAL OF MINUTES - NOVEMBER 15. 2007 There was a motion by Commissioner Roche, seconded by Commissioner Young, to approve the minutes of the November 15, 2007 meeting as submitted. The motion passed unanimously. Commissioner Lund abstained as she was not at the meeting. ADJOURNMENT There was a motion by Commissioner Young, seconded by Commissioner Lund to adjourn the 2007 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:05 p.m. ADMINISTER OATS OF OFFICE Mr. Warren administered the Oath of Office to Rachel Lund, Timothy Roche and Kara Kuykendall. CALL TO ORDER: 2008 PLANNING COMMISSION The 2008 Planning Commission was called to order by Acting Chair Rahn at 7:06 p.m. ROLL CALL 2008 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Lund, Tim Roche, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Rebecca Crass. Commissioner Parks was absent and excused. ELECTION OF 2008 CHAIR &iD CHAIR PRO TEM Acting Chair Rahn opened the floor for nominations. Commissioner Roche nominated Commissioner Rahn as Chair of the 2008 Planning Commission. Acting Chair Rahn called for further nominations three times. There being none, there was a motion by Commission Page 1 2-14-08 Roche, seconded by Commissioner Lund to close nominations and elect Commissioner Rahn Chair of the 2008 Planning Commission. Commissioner Roche nominated Commissioner Lund as Chair Pro Tem and Commissioner Lund nominated Commissioner Roche. Chair Rahn called for further nominations three times. There being none and following further discussion about the candidates, he called for a vote. On a show of hands for the position of Chair Pro Tem, Commissioner Roche received three votes and Commissioner Lund received two notes. Chair Rahn declared Commissioner Roche Chair Pro Tern of the 2008 Planning Commission. Commissioner Leino arrived at 7:09 p.m. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2008-001- REAL ESTATE RECYCLING fRERI ACOUISITIONS. LLC Chair Rahn introduced Application No. 2008-001, a request from Real Estate Recycling (RER) Acquisitions, LLC, for Rezoning from I-2 (General Industry) to PUD/I-1(Planned Unit Development\Industrial Park) and Development Plan Approval through the PUD process of a 51,000 sq. ft. office/industrial building at the old Howe Fertilizer site currently addressed 4821 Xerxes Avenue North. RER intends to clear the site of the three existing buildings and conduct an extensive soils clean-up associated with the prior use of the site and then build the proposed 51,000 sq. ft. building. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2-14-08 for Application No. 2008-001, attached and the Director of Public Works memo dated 2-11-08, attached.) Chair Rahn asked for clarification on the required landscape points for the site. Mr. Warren responded that the plan exceeds the required landscape points. Commissioner Leino asked for clarification about the reference in the report to an adult use being disallowed and what specific uses are reviewed under a PUD application. Mr. Warren explained that adult uses which are allowed in the I-1 zone would not be allowed in this location and he further explained how a PUD is described under the city's zoning ordinance. Mr. Warren also stated that without the development of this site at this time, the contaminated site, would not be cleaned up at this time. He pointed out that the applicant specializes in the area of site clean-up and redevelopment. Commissioner Lund asked about over flow of the detention pond and also if any traffic counts had been done on the residential street. Mr. Warren responded that the Watershed Page 2 2-14-08 Commission would be reviewing plans for the detention pond on the site and the City Engineer in his review of traffic issues has requested traffic and truck counts in his report. PUBLIC HEARING - APPLICATION NO. 2008-001 There was a motion by Commissioner Leino, seconded by Commissioner Lund, to open the public hearing on Application No. 2008-001, at 8:40 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Mr. Paul Hyde, of Real Estate Recycling (RER) Acquisitions, 90 South 7th Street, Minneapolis, introduced himself to the Commission and encouraged their questions. Commissioner Young asked Mr. Hyde about possible leaching on the site. Mr. Hyde responded that they have done some preliminary digging on the site and are waiting for approval from the MPCA to progress further. He added that they have taken significant soil and groundwater samples and have not yet seen any contaminates in the water but they were evident in the soil. Mr. Hyde further stated that during their site assessment they make sure all the groundwater and soil are clean before they begin construction on the site. Commissioner Young asked how the applicant will be getting the site LEED certified. Mr. Hyde responded that when they construct the building shell they do not meet certification for LEED, however, that usually takes place after the tenant build out of the building. Commissioner Young asked if the site was evaluated to determine if the development could be done without the need for modifications requested under the PUD. Mr. Hyde responded that they had reviewed that and the layout submitted is the most efficient use of the site based on the size and shape of the land. Commissioner Roche asked about the process involved with the development across the street in Minneapolis. Mr. Hyde explained that the process involved with clean-up of a contaminated site prior to the site being redeveloped involves three regulatory bodies overseeing the clean-up of the site prior to groundbreaking; they are the MN Department of Agriculture - AG VIC Program (ag chemicals), MN Pollution Control Agency - VIC Program (hazardous substances), and the MN Pollution Control Agency - VPIC Program (petroleum). Commissioner Lund asked how many new jobs might be created on this site. Mr. Hyde stated that they would anticipate 50 -100 new jobs created. Commissioner Lund also asked where the mechanical equipment would be located. Mr. Hyde responded that they will be located on the roof. Mr. Robert Wirth, 4901 Zenith Avenue, stated that there is an underground creek along 49th Avenue North with monitoring stations due to chemicals going into the groundwater. Mr. Hyde responded that he was aware of that and it will be addressed during clean-up. Page 3 2-14-08 Mr. Tim McLaughlin, 3129 49th Avenue North, asked about the fence behind his house, which has blown down several times. He stated that he had a survey and the fence doesn't follow the property line. Mr. Warren indicated that from the survey provided by the applicant the fence is on the old Howe property and if it is determined to be on Mr. McLaughlin's property, it will be moved. Mr. McLaughlin also stated that they are disappointed with the buffer being proposed along his property line and asked about the allowance of a 60 ft. setback from their property line when a 75 ft. setback is being proposed from Brooklyn Boulevard. Mr. Warren explained the proposed Driveway location as being a safety matter in regards to routing traffic away from Brooklyn Boulevard as cars enter and exit the site. Paula Lanhart, 3135 49th Avenue, stated that the fence along her back property line is very old and asked what the city's response would be if the existing fence came down? Mr. Warren explained that the fence she referred to at the back of her property is owned by the Soo Line Railroad and if it were to be destroyed, the city would contact them about their responsibility to repair or replace it. Mrs. Susan McLaughlin, 3129 49th Avenue, responded that they wanted it on the record that they are not happy with the building layout on the site and the driveway in and out. Commissioner Roche pointed out to the neighbors that the landscaping should be an improvement to the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2008-001= CLOSE PUBLIC HFAARING There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the public hearing on Application No. 2008-001, at 9:05 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application but did recommend the addition of a 19th Condition regarding assurances for the site clean-up plan.. ACTION TO RECOIVJMEND APPROVAL OF RESOLUTION NO. 2008-001 There was a motion by Commissioner Roche, seconded by Commissioner Lund, to recommend to the City Council that it approve Planning Commission Resolution No. 2008- 01 regarding the recommended disposition of Planning Commission Application 2008-001 submitted by Real Estate Recycling (RER) Acquisitions, LLC for Rezoning from I-2 (General Industry) to PUD/I-1 (Planned Unit Development\lndustrial Park) and Development Plan Approval through the PUD process of a 51,000 sq. ft. office/industrial building at the old Howe Fertilizer site currently addressed 4821 Xerxes Avenue North. Page 4 2-14-08 Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, Lund, Roche and Young. The motion passed unanimously. The Council will consider the application at its February 25, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:08 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 5 2-14-08