Loading...
HomeMy WebLinkAbout2007 04-12 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 APRIL 12, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:02 p.m. ROLL CALL Chair Sean Rahn, Commissioners Graydon Boeck, Gary Ford, Michael Parks, 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 Lund was absent and excused. APPROVAL OF MINUTES - MARCH 15.2007 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the March 15, 2007 meeting as submitted. The motion passed unanimously. 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. There was a consensus among the Commissioners to consider Planning Commission Application No. 2007-007 as Item No. 5 on tonight's agenda. APPLICATION NO. 2007-007 - GLOBAL CONSTRUCTION & INVESTMENT CO.. INC., Chair Rahn introduced Application No. 2007-007, a request from Global Construction & Investment, Inc., for Preliminary Plat approval to subdivide the proposed townhouse development at 4821 Twin Lake Avenue into two lots and a common area. The City Council on January 8, 2007 approved Planning Commission Application No. 2006-013 consisting of site and building plan approval for a two unit townhouse on this site. Under this application, the applicant's plan is to plat the property to allow the units to be under separate ownership. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4-12-07 for Application No. 2007-007 and the Director of Public Works memo dated 4-9-07, attached.) PUBLIC HEARING - APPLICATION NO. 2007-007 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the public hearing on Application No. 2007-007 at 7:06 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. 4-12-07 Page 1 The applicant, David Youmans of Global Construction, introduced himself to the Commission. Commission Boeck inquired of the applicant if he is the owner or the contractor. Mr. Youmans replied that he is both the owner and the contractor. Mr. Warren clarified that this application is primarily for the ability of the applicant to sell the individual units after completion of construction and the final plat does not need to be approved prior to the issuance of building permits. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-007. CLOSE PUBLIC HEARING There was a motion by Commissioner Ford, seconded by Commissioner Parks, to close the public hearing on Application No. 2007-007 at 7:20 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. ACTION TO RECOMMEND APRPOVAL OF APPLICATION NO. 2007-007 - GLOBAL CONSTRUCTION & INVESTMENT CO.. INC. There was a motion by Commissioner Roche, seconded by Commissioner Young, to recommend to the City Council that it approve Application No. 2007-007, submitted by Global Construction & Investment Co., Inc., for Preliminary Plat approval to subdivide the proposed townhouse development at 4821 Twin Lake Avenue into two lots and a common area. This recommended approval us 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 to Chapter 15 of the City Ordinances. 3. A declaration of covenants and restrictions along with home owner association documents shall be reviewed and approved by the City Attorney prior to final plan approval. 4. The Outlot designation shall not be used for the common area lot. The final plat shall be modified accordingly. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Parks, Roche and Young. The motion passed unanimously. The Council will consider the application at its April 23, 2007 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. APPLICATION NO. 2007-005 MANLEY COMMERCIAL. INC. 4-12-07 Page 2 Chair Rahn introduced Application No. 2007-005, a request for Preliminary Plat approval to combine and redivide three lots and surplus right of way into three new lots and a common area for a development under a Planned Unit Development (PUD). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4-12-07 for Application No. 2007-005 and the Director of Public Works memo dated 4-9-07, attached.) Mr. Warren explained that the applicant is also seeking Rezoning and development plan approval through the PUD (Planned Unit Development) process under Planning Commission Application No. 2007-006 for a three building, 25,500 sq. ft. commercial retail/service center. He recommended that the applications be considered concurrently and that a single public hearing be held for both applications. APPLICATION NO. 2007-006 - MANLEY COMMERCIAL, INC. Chair Rahn introduced Application No. 2007-006, a request for Rezoning from C-2 (Commerce), R-3 (Multiple Family Residence - Townhouses) and R-1 (One Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and Development Plan approval through the PUD process of a three building, 25,500 sq. ft. commercial retail/service center. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4-12-07 for Application No. 2007-006 and the Director of Public Works memo dated 4-9-07, attached.) Commissioner Boeck noted that the plans being reviewed by the Commission require a great deal of modifications and wanted assurance that the plans submitted to the City Council accurately show those modifications. Mr. Warren explained the time constraints involved when accepting an application and preparing the staff report for the Planning Commission's review. He added that when discrepancies are noted on a plan, it is brought to the applicant's attention. In this case, the applicant will be making modifications to the plan based on the staff s recommendations. Commissioner Ford inquired as to why there is no access being allowed from 67th Avenue North. Mr. Warren responded that it is the city's recommendation that commercial traffic not be routed down 67th Avenue, which is a heavy residential area. PUBLIC HEARING - APPLICATION NOS. 2007-005 and 2007-006 There was a motion by Commissioner Ford, seconded by Commissioner Roche, to open the public hearing on Application No. 2007-005 and 2007-006, at 9:07 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Ms. Cindy Weber, Manley Construction, 2640 Eagan Woods Drive, Eagan, introduced herself and stated that they will be complying with all the recommendations made in the staff report and suggested by the Planning Commission. She responded to suggestions that would be made including traffic concerns, adjusting the water line, relocating the building encroaching in the easement, reducing the size of the building, and creating an opening in the fence along the north side of the property. 4-12-07 Page 3 Commissioner Boeck asked for further clarification regarding the easement and setback on the property. Ms. Weber responded that the adjustment to the size of the building will remedy the issue with the encroachment on the 67th Avenue setback. The relocation of the utilities and easement to the east will address the other encroachment issue. Mr. Mike Brandt, Engineer with MFRA, came forward and further explained the location of the utility as it relates to the easement. Mr. Warren clarified that the City Engineer would like the utilities as close as possible to the center of the 60 ft. easement to maintain a 20 ft clearance. Ms. Kathy Anderson, President of Architectural Consortium, came forward to respond to questions by Commissioner Roche regarding the architecture of the buildings. Ms. Anderson pointed out the difference in the look of the buildings and stated her willingness to continue the `slope' roof line indicated on the smaller buildings to the larger building if the Commission desires that. Commissioner Roche asked Ms. Weber if there is any concern by the neighbors with the proposed landscaping and if they would consider providing more dense landscaping such as Evergreens rather than Lindens for year round coverage. Ms. Weber stated that there were mixed comments and observations from the neighbors. She added that they would be willing to incorporate more evergreens in the plan to provide better screening from the residential area. Ms. Janelle Frechette, 6630 Camden Drive, stated that she just purchased her home and appreciates the existing trees along the back side of her property and it is her understanding that they will be torn down and the new landscaping will be much shorter than what's existing. She would like some of the older trees to be left in place. She also has a concern with the trash enclosure area and noise that might be generated from it and would like it to be relocated away from the residential area. She added that there is only one access to her townhome development she has to make U turns to get to her home. She requested the consideration of an access being created to allow additional access to the townhomes. Mr. Mark Burns, 6712 Aldrich Avenue North, stated that he has concerns with traffic flow on this site already and sees a larger problem with the addition of more buildings. Ms. Diane Kinkor, 6646 Camden Drive North, expressed her concern with the view that will be created once this development takes place without adequate screening on the site. She requested a condition of approval be added to state that no business be allowed to have over night hours and be limited to a 10:00 pm closing time so the residential area can have quiet times and not be bothered by parking lot and business noise. She also stated her concern with the increase in traffic around 66th Avenue North. Commissioner Ford asked Ms. Anderson if it is the intent of the developer to take down the existing trees that border the residential area. Mr. Brandt indicated that there is a brush line located along the fence that will be removed. Ms Anderson responded that they would be willing to leave the existing trees if they are able to save them and would take a look at that. 4-12-07 Page 4 There was further discussion regarding the location of the trash enclosure. The applicant explained that they feel it is proposed in the best possible location and they would incorporate planting spruce or pines around the trash enclosure for additional screening. Commissioner Young asked for further clarification on the reasoning behind some trees being saved and not others as it relates to drainage on the site. Mr. Brandt demonstrated how the property has been designed to provide proper drainage on the site, away from the residential area while also using landscaping. Ms. Tracy Burns, 6712 Aldrich Avenue North, stated her concern with increased traffic in the area, especially during rush hour. She also requested restricted hours of operation for any businesses in the area. Commissioner Young asked if it is possible for the city to regulate business hours. Mr. Warren stated the city does not regulate business hours and he believed it would be difficult to enforce or require such a regulation in the development plan. He added that the city has established standards to buffer residential property from commercial uses and these have been incorporated into the plan. Randal Kinkor, 6646 Camden Drive, stated his concern is that he will have to tolerate noise from these businesses and would like to see additional landscaping on the site. He also is concerned with crime in the area from the existing businesses and questions why they city would allow this land to be developed with all the other vacant commercial buildings in the city. Mr. Warren responded that it should be understood that this is not a city initiated development and the city cannot deny an owner the right to use his property for the use it is intended. Commissioner Parks left the meeting at 9:45 p.m. Commissioner Roche stated his appreciation for this application and considers this development to be an asset to the community. No other persons from the public appeared before the Commission during the public hearing on Application Nos. 2007-005 and 2007-006. CLOSE PUBLIC HEARING There was a motion by Commissioner Ford, seconded by Commissioner Young, to close the public hearing on Application Nos. 2007-005 and 2007-006, at 9:54 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. It was the consensus of the Commission to add a condition for additional coniferous trees and to retain as much existing landscaping as possible along the west side of the development. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-005 - MANLEY COMMERCIAL. INC. 4-12-07 Page 5 There was a motion by Commissioner Roche, seconded by Commissioner Boeck, to recommend to the City Council that it approve Application No. 2007-005, submitted by Manley Commercial, Inc. a request for preliminary approval to combine and redivide three lots and surplus right of way into three new lots and a common area for development of a three building, 25,500 sq. ft. commercial retail/service center 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. 2007-006. 4. The owner association documents and declarations shall be reviewed and approved by the City Attorney and filed with the final plat. 5. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use, as approved by the City Engineer, prior to final plat approval. 6. Water and sanitary sewer services to the existing home at 419 67th Avenue North shall be disconnected at the mains prior to building removal or demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering department office. 7. The home and accessory building at 419 67th Avenue North shall be demolished and/or removed from the property prior to the filing of the plat with Hennepin County or the execution of an agreement to assure such removal. 8. No vehicle access to the proposed site shall be gained from anywhere along 67th Avenue North. 9. Building permits for construction of any building comprehended under Planning Commission Application No. 2007-006 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 10. All necessary easement and right of way vacations shall be accomplished by ordinance amendment and formally requested by the applicant prior to final plat approval. 11. The access agreement granting access to this site from 66th Avenue North shall be re- reviewed by the City Attorney for appropriateness prior to final plat approval. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Roche and Young. The motion passed unanimously. 1 4-12-07 Page 6 The Council will consider the application at its April 23, 2007 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. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2007-01 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve Planning Commission Resolution No. 2007-01 regarding the recommended disposition of Planning Commission Application No. 2007-006, submitted by Manley Commercial, Inc. for Rezoning from C-2 (Commerce), R-3 (Multiple Family Residence - Townhouses) and R-1 (One Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and Development Plan approval through the PUD process of a three building, 25,500 sq. ft. commercial retail/service center. Voting in favor: Chair Rahn, Commissioners, Boeck, Ford, Roche and Young. The motion passed unanimously. Resolution No. 2007-01 is made part of these minutes by attachment. The Council will consider the application at its April 23, 2007 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 Boeck, seconded by Commissioner Ford, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:02 p.m. Chair Pro Tem Recorded and transcribed by: Rebecca Crass 4-12-07 Page 7