HomeMy WebLinkAbout2008 07-17 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
JULY 17, 2008
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, and Tim Roche
were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass.
Commissioners Rachel Lund and Della Young were absent and excused.
APPROVAL OF MINUTES - MAY 15.2008
There was a motion by Commissioner Roche, seconded by Commissioner Parks,
to approve the minutes of the May 15, 2008 meeting as submitted. The motion passed.
Commissioners Leino abstained since he was not present at the meeting.
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. 2008-003 - THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-003, a request for rezoning from C-2 (Commerce)
to PUD/C-2 (Planned Unit Development /Commerce) and development plan approval through
the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68`h Avenue for the redevelopment and expansion of the existing Chevrolet site
and a new Buick, Pontiac, GMC Dealership.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-003, attached). Mr. Warren explained that this
proposal represents the first step in a major redevelopment by the Luther Company for both sides
of Brooklyn Boulevard between I-94 and 69`h Avenue.
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APPLICATION NO. 2008-004 - THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-004, a request from The Luther Company LLLP
for preliminary plat approval to combine and divide four existing lots into two lots on the east
side of Brooklyn Boulevard between I-94 and 69a' Avenue for the creation of two new
automobile dealerships.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 7-17-08 and the Director of Public Works'
memo dated 7-9-08 for Application No. 2008-004, attached.) Mr. Warren explained that a
similar preliminary plat application and Planned Unit Development proposal were submitted and
approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently
acquired the property at 4011 69th Avenue North and wishes to incorporate this into their east
side development.
APPLICATION NO. 2008-005 - THE LUTHER COMPANY LLLP
Chair Rahn introduced Application No. 2008-005, a request from the Luther Company LLLP for
rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit
Development/Commerce) and development plan approval through the PUD process for two new
automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I-
94 and 69th Avenue.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See planning Commission Information Sheet dated 7-17-08 and the Director of Public Work's
memo dated 7-9-08 for Application 2008-005, attached). Mr. Warren explained that a similar
Planned Unit Development Rezoning and development plan were submitted and approved in
2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the
property at 4011 69 h Avenue North and also wishes to incorporate this into their east side
redevelopment. This property contains a non-conforming single family home which is slated to
be demolished.
Chair Rahn asked for further clarification regarding the parcel not being combined with the
others and what the situation is regarding clean up of the site.
Mr. Warren responded that the building on the site will be removed and a finding from the PCA
will be provided to confirm that the property has been cleaned up.
PUBLIC HEARING - APPLICATION NOS. 2008-003, 2008-004 AND 2008-005
There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the
public hearing on Application Nos. 2008-003, 2008-004 and 2008-005, at 9:05 p.m. The motion
passed unanimously.
Chair Rahn called for comments from the public.
Mr. John Baker, (Architect for Baker Associates) 150 So 5`h Street, Minneapolis, and Linda
McGinty (Director of Real Estate Development for the Luther Company), 3701 Alabama Ave
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So, St. Louis Park, introduced themselves to the Commission. Mr. Baker stated he would
present an architectural overview of the proposal. Mr. Baker noted that it had been suggested by
City staff to install B-612 curb and gutter on the entire site and he explained the reason for
proposed use of B-412 curbs in the parking areas of the lots to is to eliminate damage to new
vehicles caused by the higher curbs.
Mr. Baker also stated they have a problem with the condition of approval regarding the
requirement to provide underground irrigation on the corner lot at 69th and Brooklyn Boulevard.
He explained that it is a MPCA superfund site owned by Hennepin County and at this time does
not appear to be maintained by anyone. Mr. Warren concurred that the parcel is not currently
being maintained by anyone but this would be an opportune time to improve the look of the
corner by extending irrigation. He stated that irrigation on the Luther property be situated such
that it include the property in question without having to disrupt the site. He did not think there
would be objections to such a proposal from the County or MPCA.
Mr. Baker further gave an overview of the site layout and explained why they have proposed to
place more landscaping on the site rather than along the perimeter. He added that by placing it
along the interior of the site it would allow them to screen some parts of the building and storage
areas to make it appear more attractive.
Mr. Baker pointed out that these are manufactured prototype buildings that are required to
include certain elements of design per the auto maker's requirements. He then compared the
current buildings on the sites and how it would compare after construction.
Commissioner Leino addressed Ms. McGinty and Mr. Warren and asked if there would be any
soil testing done on this site prior to construction. Mr. Warren responded that any soil issues
found during construction would be taken care of.
Ms. McGinty stated that there had been Phase I and Phase H testing prior to their purchasing the
site and all issues have been addressed as well as removal of any underground hoists and tanks.
She further stated that anything discovered during the course of construction, would be
addressed.
Commissioner Leino asked about the use of the public address system on the site and he stated
he is aware of several neighborhood complaints regarding the level of noise. Mc. McGinty
responded that she acknowledges the noise level can be excessive and they would make any
alterations that the city would require.
Commissioner Roche stated that he feels that the landscaping is a little thin along the property
where it abuts the single family properties and suggested that additional Austrian Pines be
planted in that area to provide better screening for the single family homes
Mr. Matt Swenson, Landform Engineering, responded that the landscaping in that area was
designed to allow better visibility from the freeway but they will revisit the area and consider
adding additional landscaping in that area.
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Commissioner Roche asked about the status of the old Iten Chevrolet sign. Ms. McGinty
responded that the sign will probably remain on site since it is an icon in the area and attracts
attention.
Commissioner Roche stated that he would like the applicant to consider extending the irrigation
system to maintain the landscaping that is on the corner of 69`h and Brooklyn Boulevard. He
added that it would be an amenity to have the corner well maintained.
Mr. Baker responded that the property is owned by Hennepin County and it can be difficult to
get their approval to install an irrigation system on the property. Ms. McGinty added that they
would be willing to make contact with Hennepin County and discuss the subject with them.
Commissioner Parks asked the applicant what their intent is with the fence along the east side of
the property. Ms. McGinty responded that they were planning to leave the fence and it had
recently been repaired.
Mr. Swenson pointed out that the plans show that the fence would stay in place and be repaired
where needed and where new fencing is needed, it would be installed.
Commissioner Parks asked for the number of trees being demolished. He feels that something is
lost if too many mature trees are taken down and replaced with new smaller trees. Mr. Warren
stated that most of the trees coming down are along the northeast side to allow the applicant
appropriate use of their property.
Mr. Warren explained that by acquiring the single family homes, they have provided a new
buffer area that abuts the residential area to maintain the required distance between the
commercial use and the single family homes along 69 h Avenue North.
Commissioner Roche added that it appears that some very mature trees may be coming down.
He expressed his desire to see the applicant thicken up the buffer area to provide both screening
and a sound barrier from the single family homes.
Mr. Scott Hubbard, (owner of Atlantis Pools) 432168' Avenue, stated he's been at this location
for 31 years and when he saw this plan he had some concerns: he didn't know that Luther did
not own the property, he is confused about the right of refusal to purchase the property: since
they are not owners, how can they control whether or not vehicles (transport trucks) are using the
shared entrance he shares with the auto dealership; there are piles of dirt and dumpsters full of
garbage; Luther bought the Osseo bus company business and the property is not maintained;
what is happening to the old Honda dealership? It is not currently watered or maintained; will
the property be maintained in the front as well as the back of the site?; will the car dealerships be
around in a couple years or will a different development be there?
Commissioner Parks left the meeting at 9:58.
Mr. Warren stated that he understands Mr. Hubbard's concerns but he would like to point out
that his issues are not necessarily created by the applicant but rather were left on site from the
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previous owner. He is confident that the applicant will maintain their property in a positive
manner and that this proposal will be a positive addition to the area.
No other persons from the public appeared before the Commission during the public hearing on
Application Nos. 2008-003, 2008-004 and 2008-005.
There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the
public hearing at 10:02 p.m. The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-02
There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to
approve Planning Commission Resolution No. 2008-02 regarding the recommended disposition
of Planning Commission Application No. 2008-003 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-02 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2008-004 - THE,
LUTHER COMPANY LLLP
There was a motion by Commissioner Roche, seconded by Commissioner Leino, to recommend
to the City Council that it approve Application No. 2008-004, submitted by The Luther
Company LLLP for Preliminary Plat approval to combine and divide four existing lots into two
lots on the east side of Brooklyn Boulevard between I-94 and 690' Avenue for the creation of two
new automobile dealerships subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Approval of this preliminary plat is contingent upon approval of Planning Commission
Application No. 2008-005.
4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1,
Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2nd Addition,
as approved by the City Atttorney shall be developed and filed with the titles to the
property.
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5. The applicant shall provide the city with an executed copy of shared access easement
between the proposed Lots 1 and 2, Bri Mar 2nd Addition prior to final plat approval to be
filed with the titles to the properties.
6. The applicant shall execute all easements required by the City Engineer for drainage and
utility purposes prior to final plat approval.
7. The applicant shall provide written certification from a licensed land surveyor that the
existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the
proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along
with the final plat.
8. Building permits for construction of any of the buildings comprehended under Planning
Commission Application No. 2008-005 shall not be issued until the plat has been given
final approval by the City Council and filed with Hennepin County.
9. The existing house at 4011 69th Avenue North shall be demolished or removed from the
property and all utilities appropriately disconnected prior to final plat approval.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-03
There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to
approve Planning Commission Resolution No. 2008-03 regarding the recommended disposition
of Planning Commission Application No. 2008-005 submitted by The Luther Company LLLP.
The motion passed unanimously.
Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche.
And the following voted against the same: None
Whereupon said resolution as declared duly passed and adopted.
Resolution 2008-03 is made part of these minutes by attachment.
The Council will consider this application at its July 28, 2008 meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that they be returned to the Commission for reconsideration.
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OTHER BUSINESS
Chair Rahn suggested that the discussion item of Flashing Signs be tabled until another meeting
when the entire Commission is present.
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
10:10 P.M.
Chair
Recorded and transcribed by:
Rebecca Crass
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