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HomeMy WebLinkAbout2007 08-16 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 AUGUST 16, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Roche at 7:01 p.m. ROLL CALL Chair Pro Tern Tim Roche, Commissioners Gary Ford, Michael Parks, and Della Young were present. Also present were City Councilmember Mark Yelich, City Manager Curt Boganey, Community Development Director Gary Eitel, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Chair Sean Rahn and Commissioner Rachel Lund were absent and excused. Mr. Warren introduced the new Community Development Director Gary Eitel to the Commission. APPROVAL OF MINUTES - JULY 26, 2007 There was a motion by Commissioner Parks, seconded by Commissioner Ford, to approve the minutes of the July 26, 2007 meeting as submitted. The motion passed. Commissioner Young abstained as she was not at the meeting. CHAIR'S EXPLANATION Chair Pro Tern Roche 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. 2007-016 - ADAM MAIER (LEONARD. STREET AND DEINARD. PA) Chair Pro Tern Roche introduced Application No. 2007-016, a request for Special Use Permit approval to operate a childcare facility in the commercial building located at 6415 Brooklyn Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-16-07 for Application No. 2007-016.) The property in question is a triangular shaped parcel zoned C-1 (Service/Office) and contains an approximate 8,600 sq. ft. office building that the applicant intends to convert into the childcare facility. The applicant's plan is to modify the building for use as a daycare which will be subject to building code and program licensing requirements. Group daycare facilities are listed as special uses in the C-1 zoning district. Page 1 8-16-07 PUBLIC HEARING - APPLICATION NO. 2007-016 There was a motion by Commissioner Parks, seconded by Commissioner Ford, to open the public hearing on Application No. 2007-016, at 7:27 p.m. The motion passed unanimously. Chair Pro Tem Roche called for comments from the public. The applicant Adam Maier, 150 South 5th Street, Minneapolis, Attorney for Arena Learning Center, introduced himself to the Commission and stated that his client Antonio Smith will be in compliance with all issues raised in the staff report. Mr. Maier also stated that his client will be making repairs to the fence on the south side of the property. He added that their license with the Department of Human Services allows for the care of a maximum of 144 children at any time and the center will provide care on a 24 hour basis. Chair Pro Tem Roche asked for clarification on the hours of operation. Mr. Maier responded that it is a 24 hour facility and different children will be serviced during the day than during the overnight hours. Chair Pro Tem Roche asked for the maximum number of hours that a child is allowed to stay at the facility. Mr. Smith responded that the maximum number of hours is ten and this facility will serve families that work a variety of different hours including over night shifts. Chair Pro Tem Roche asked the applicant to reconsider increasing the size of the outdoor play area in light of the number of children being served. Mr. Maier responded that they would reconsider that issue. Mr. Warren explained that there is nothing in the city ordinances that regulate the size of outdoor play areas in licensed daycares. He did suggest that a condition of approval could be added to regulate the hours of the outdoor play area. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-016. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Ford, to close the public hearing on Application No. 2007-016, at 7:42 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 APPROVAL OF APPLICATION NO. 2007-016 - ADAM MAIER ((LEONARD. STREET AND DEINARD. PA) There was a motion by Commissioner Parks, seconded by Commissioner Ford, to recommend to the City Council that it approve Application No. 2007-016, submitted by Adam Maier (Leonard, Street and Deinard, PA) for Special Use Permit approval for the Arena Early Learning Center, Inc. to operate a childcare facility in the commercial building located at 6415 Brooklyn Boulevard, subject to the following conditions: Page 2 8-16-07 1. The Special Use Permit is granted for a group daycare facility or childcare facility subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said licensing on file with the city. 2. The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 5. The play area shall be provided in a manner consistent with Section 35-411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. 6. The required 6 ft. high opaque screening required along the south property line shall be repaired and maintained in a manner consistent with the requirements of the city ordinance. 7. Building plans for remodeling and occupancy of this building are subject to approval of the Building Official prior to the issuance of these permits. Voting in favor: Chair Pro Tern Roche, Commissioners Ford, Parks, and Young. The motion passed unanimously. The Council will consider the application at its August 27, 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. Mr. Warren asked the Commission to consider holding a joint public hearing for Planning Commission Application Nos. 2007-014 and 2007-015 since they are companion applications. The Commission voiced no objection to a joint public hearing. APPLICATION NO. 2007-014 HANSON THORPE PELLINEN OLSON, INC. Chair Pro Tem Roche introduced Application No. 2007-014, a request for Preliminary Plat approval to combine six existing tracts of land within Brookdale Center and proposed vacated right of way to create three new parcels of land, one of which is the proposed site for Wal- Page 3 8-16-07 Mart. Brookdale Center is zoned PUD/C-2 (Planned Unit Development/Commerce) and is also located in the Central Commerce (CC) Overlay district. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-16-07 for Application No. 2007-014 and the Director of Public Works' memo dated 8-13-07, attached.) APPLICATION NO. 2007-015 - BROOKDALE CENTER Chair Pro Tern Roche introduced Application No. 2007-015, a request for Planned Unit Development (PUD) Amendment to allow for the construction of an approximate 184,600 sq. ft. Wal-Mart Supercenter along the north side of Brookdale Shopping Center. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-16-07 for Application No. 2007-015 and the Director of Public Works' memo dated 8-13-07, attached.) The plan involves demolition of the existing vacant two story retail building that formerly housed the Mervyn's Department Store and additional retail space westerly of the north mall entrance. The property is zoned PUD/C-2 (Planned Unit Development/Commerce). Mr. Warren pointed out that a Planned Unit Development Rezoning from C-2 (Commerce) to PUD/C-2 and development plan approval for the expansion, redevelopment and rejuvenation of Brookdale Center was approved by the City Council under Resolution No. 99-37 on March 8, 1999. This application is an amendment to that original Planned Unit Development approval. PUBLIC HEARING - APPLICATION NO. 2007-014 HANSON THORPE PELLINEN OLSON. INC. AND APPLICATION NO. 2007-015 BROOKDALE CENTER There was a motion by Commissioner Parks, seconded by Commissioner Ford, to open the public hearing on Application Nos. 2007-014 and 2007-015 at 9:18 p.m. The motion passed unanimously. Chair Pro Tem Roche called for comments from the public. Mr. Charles Howley, HTPO Engineering, 7510 Marketplace Drive, Eden Prairie, addressed the Commission and stated they are happy to be here and are excited about coming to the Brookdale Mall. He added that they admit this is a difficult layout but plan to do what is necessary to comply with any recommendations made by the Commission. Mr. Howley pointed out some modifications being made to the plan submitted in the area of the dumpsters. He added they will screen the loading docks as suggested in the staff report and provide appropriate screening of trash containers. Also they will flip flop the grocery and general merchandise areas and the garden center will now be located in the south side of the east elevation. Mr. Howley addressed No. 5 in the Conditions of approval and stated that there is no problem with a dedication of a trailway but would request that the easement for the trailway be less than 30 ft. as indicated on the Engineer's report. Page 4 8-16-07 Commissioner Young asked for clarification from the applicant regarding the size of the trailway easement. Mr. Howley pointed out the location of the easement as it relates to the existing trail and pedestrian bridge and explained their reason for requesting a less than 30 ft. easement. Public Works Director Todd Blomstrom addressed the Commission and explained that it would be difficult to accept a modification to the size of the trailway easement since the trailway has not been designed at this point. He would prefer not having an open ended agreement with the applicant and would anticipate further discussion with the applicant to determine an acceptable easement size. Chair Pro Tem Roche asked Mr. Howley why the entrance to County Road 10 was being closed. Mr. Howley responded that this a prototypical building and its layout is unique. He explained that keeping the entrance to County Road 10 open created an unsafe situation so the decision was made to seek closure of the entrance for better circulation and traffic flow. Mr. Dan Cetina, 4000 Ponce de Leon Blvd, Coral Gables, Florida, introduced himself to the Commission as the owner of Brookdale and stated that two years ago they began discussions with Wal-Mart regarding this development and are looking forward to this being a positive approach to Brookdale. He explained further the plans they took to arrive at the decision to locate a Wal-Mart on the site formerly occupied by Mervyn's. He added that this will be a prototype store and they feel very good about the addition of Wal-Mart to the Brookdale Mall. Chair Pro Tem Roche asked what the time line is regarding the beginning of construction. Mr. Howley stated that they plan to go to bid in the spring of 2008 which would mean construction of the store would be complete in the spring of 2009. Mr. Pete Houser, 11321 Landing Road, Eden Prairie, stated that the true owner of the Midas lot is himself. He stated that he just received the report and has not had the time to review the proposal with his attorney and would like to reserve the right to make comment on Application No. 2007-014 (Preliminary Plat) at a later time. Mr. Cetina responded that they showed Mr. Houser the Wal-Mart plans about nine months ago as well as several other major tenants. Commissioner Parks left the meeting at 9:45 p.m. The Commission took a five minute recess at 9:46 p.m. The meeting reconveyed at 9:51 p.m. Mr. Houser clarified that he had received a notice regarding Planning Commission No. 2007-015 but he has not had any conversations with the Brookdale owners regarding Planning Commission No. 2007-014 and that what he wishes for is time to address this with his attorney. Mr. Warren clarified that notices are not sent for Preliminary Plats but rather a publication is made in the newspaper. Mr. Houser stated that his comment was meant in response to Mr. Cetina's comment that he had been notified by the mall owners regarding the Applications. Page 5 8-16-07 Mr. Tom Barrett, 333 South 7th Street, Minneapolis, legal counsel representing Sears introduced himself. He explained that they have requested a layover regarding a decision on this application so that he and his client could have time to review the accuracy of the submission with respect to the current operations of Sears which would give Sears time to respond to the facts. Mr. Barrett stated that Sears has not had time to determine what impact this development will have on Sears specifically as it relates to parking and they desire to do so. Mr. Barrett further explained that he and his client feel that their parking spaces are being stolen from them and they would like time to develop the facts and ask that this application be delayed until the next Planning Commission meeting. Chair Pro Tem Roche reviewed a memo received from the City Attorney regarding the applications and a letter from the attorney for Sears. He reminded the Planning Commission that Mr. Charlie LeFevere advised the Commission that they are not required to attempt to resolve these legal issues raised but rather should consider the Planning Commission Applications based on their merit as they relate to city ordinance requirements. Ms. MaryAnn Beneke, 2412 Parkview Boulevard, Golden Valley, stated she is adamantly against Wal-Mart coming to this area since she feels Wal-Mart pays low wages, has bad employee practices and drives other businesses away. She questioned why the information regarding the public hearing was not received by her. Mr. Warren clarified that the City is required to publish notice of the public hearing in its official newspaper and notify property owners within a 350 ft. radius of a subject property regarding public hearings. He also added that the issues Ms. Beneke addressed regarding Wal-Mart coming to Brooklyn Center are not zoning related. Mr. Mark Allen, 5427 Twin Lake Boulevard, stated he is Chair of the Brooklyn Center Business Association and a business owner in Brooklyn Center. He reminded the Commission that this meeting is to consider a Preliminary Plat and a PUD Amendment and whether or not people `like' Wal-Mart should not be a factor in approval. He added that he recently approached City Manager Curt Boganey regarding how development can take place in Brooklyn Center and he feels that this development will have are positive impact on the area and an added benefit to those that live and work in the area. He would like to see this proposal move forward. Mr. Howard Roston, 220 South 6th Street, Minneapolis, an attorney representing Talisman and the Brookdale Mall, he explained that this proposal should not have surprised Sears since the applicant has been corresponding with them since September of 2006 regarding this proposal. He stated that it is disingenuous of Sears to come forward at this point requesting an extension since they were informed of Brookdale's plans. Mr. Roston further stated that Sears has no right to dictate what should take place on this site and shouldn't hold up the process. Commissioner Ford asked the applicant to clarify who `owns' particular parking spaces on the site and if there would be enough parking for Sears with the addition of the Wal-Mart store. Mr. Cetina explained that if you take out the spaces tied to the Sears site, it still leaves enough parking spaces to meet and exceed the minimum parking requirements. Mr. Howley stated that if you look at the Wal-Mart tract by itself, the parking ratio is 5.0 spaces. Page 6 8-16-07 Mr. Barrett responded that the information stated above is exactly what he and his client wish to review prior to a decision being made. Mr. Mike Videen, 6215 Brooklyn Drive, Brooklyn Center, stated that they have seen a slow decline of retail in Brooklyn Center and he believes that Wal-Mart will be a great asset to the community and he hopes that the plan will go forward. Commissioner Parks returned to the meeting at 10:27 p.m. Mr. Will Dahn, 5733 Knox Avenue North, stated that he has been a resident since 1953 and has watched Brookdale grow. He stated that Wal-Mart has a reputation of putting small businesses out of business. He added that he has seen several larger stores also close in the City but he believes that bringing Wal-Mart to Brooklyn Center would be a positive move. He also pointed out that Sears may have a legitimate argument about its parking. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-014. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Young, to close the public hearing on Application Nos. 2007-014 and 2007-015, at 10:30 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks stated that he believes the building could be configured a little better thereby not requiring traffic to be rerouted from County Road 10. The plan submitted appears to limit traffic flow. He feels the building elevations submitted are not sufficient to show how the building will transition with and into existing buildings at Brookdale. He adds that he has a concern with truck deliveries in the area indicated on the plan. Chair Pro Tern Roche stated that he has put trust in the City Staff and believes that any minor alterations to the plan would be addressed by City Staff, however, he would like to see this proposal go forward for approval by the City Council. He does acknowledge some of the concerns stated by Commissioner Parks but feels that this can work. He added that by creating a walkway from the Transit Hub across County Road 10 would be an improvement. Commissioner Parks further explained how he feels the building could be better laid out on the property. Commissioner Young stated that it would be nice to have an upper scale merchant coming to this location but the Wal-Mart seems to be a better fit to the area. She added that this is certainly a better use than leaving the mall with vacant space and she sees no reason to not approve the applications based on the information presented by City Staff. Page 7 8-16-07 Commissioner Ford stated that he agrees with Commissioner Parks regarding concerns with the building layout but also agrees with Commissioner Young regarding a positive approval of the application. Commissioner Young suggessted that a condition of approval could be added regarding the walkway and a fence. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-014 - HANSON THORPE PELLINEN OLSON. INC. There was a motion by Commissioner Young, seconded by Commissioner Ford, to recommend to the City Council that it approve Application No. 2007-014, submitted by Hanson Thorpe Pellinen Olson, Inc. for Preliminary Plat approval to combine six existing tracts of land within Brookdale Center and proposed vacated right of way to create three new parcels of land, one of which is the proposed site for Wal-Mart, subject to the following conditions: The final plat is subject review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The area indicated as County Road 10 right of way shall formally be vacated prior to final plat approval. 4. Building permits for the construction of the Wal-Mart Supercenter comprehended under Planning Commission Application No. 2007-015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 5. The applicant shall dedicate a trail and sidewalk easement through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T.H. 100 approved by the City Engineer as part of the Final Plat. 6. The Final Plat shall include the dedication of public drainage and utility easements in the manner and location approved by the City Engineer. 7. The applicant shall provide an updated and executed copy of cross access agreements with various property owners within Brookdale in a manner acceptable to the City Attorney prior to Final Plat approval. Voting in favor: Chair Pro Tern Roche, Commissioners Ford, and Young. Voting against: Commissioner Parks The motion passed. Page 8 8-16-07 The Council will consider the application at its August 27, 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 APPLICATION NO. 2007-015 - BROOKDALE CENTER There was a motion by Commissioner Ford, seconded by Commissioner Young, to approve Planning Commission Resolution No. 2007-03 regarding the recommended disposition of Planning Commission Application 2007-015 submitted by Brookdale Center. Voting in favor: Chair Pro Tern Roche, Commissioners Ford, and Young. Voting against: Commissioner Parks The motion passed. The Council will consider the application at its August 27, 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 The meeting adjourned at 10:50 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 9 8-16-07