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HomeMy WebLinkAbout2006 08-17 PCM MINUTES 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 17, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:03 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Michael Parks, Sean Rahn, 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. Commissioner Gary Ford was absent and excused. APPROVAL OF MINUTES — JUNE 29, 2006 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve the minutes of the June 29, 2006 meeting as submitted. The motion passed. Commissioner Boeck abstained since he was not present at the meeting. CHAIR'S EXPLANATION Chair Willson 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. 2006 -010 — THE LUTHER COMPANY LIMITED PARTNERSHIP Chair Willson introduced Application No. 2006 -010, a request from The Luther Company Limited Partnership for preliminary plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 410169 1h Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -17 -06 and the Director of Public Works' memo dated 8 -14 -06 for Application No. 2006 -010, attached.) Mr. Warren explained that the applicant is also seeking rezoning and development plan approval through the Planned Unit Development (PUD) process under Planning Commission Application No. 2006 -009 for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. APPLICATION NO. 2006 -009 — THE LUTHER COMPANY LIMITED PARTNERHHIP, Chair Willson introduced Application No. 2006 -009, a request from The Luther Company Limited Partnership for rezoning from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development /Commerce) of four contiguous lots located easterly of 8 -17 -06 Page 1 Brooklyn Boulevard between I -94 and 69"' Avenue North and development plan approval through the PUD process for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -17 -06 and the Director of Public Works' memo dated 8 -14 -06 for Application No. 2006 -010, attached.) Mr. Warren pointed out that a similar Planned Unit Development rezoning and development plan approval application was submitted last year by the Luther Company Limited Partnership and was approved by the City Council on November 14, 2005 under City Council Resolution No. 2005 -156. (See Planning Commission Application Nos. 2005 -015 and 2005 -016.) With the revision of their plans, the Luther Company has recently acquired the property at 4101 69 Avenue North and wishes to include it in their redevelopment plans. PUBLIC HEARING — APPLICATION NO. 2006 -009 and 2006 -010 Following discussion and questions about the applications, there was a motion by Commissioner Rahn, seconded by Commissioner Lund, to open the public hearing on Application No. 2006 -009 and 2006 -010, at 8:40 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Denton Dawson, 9332 Valley Forge Lane, Maple Grove, said his family has owned 401169 1h Avenue North east of the subject property for over 40 years. He stated that there is a 4 ft. elevation difference between his property and the Luther site and it should be addressed possibly with a retaining wall. He added that he feels that most of the trees on the site that will be saved are worthless as the property has a jungle effect with overgrown trees. He also pointed out his frustration that the homes along 69 Avenue North are labeled or characterized as non- conforming. Chair Willson pointed out that the single family homes on 69 Avenue North are all located in an R -3 (Multiple Family Residence) zoning district. They are, under the Zoning Ordinance, classified as "non- conforming uses ". He stated they are what they are and can continue to be legally used as single family homes but are, nevertheless, non - conforming under the Ordinance. The long term use of this property is intended for something other than single family homes. This classification is not intended to degrade the use of the property. Commissioner Boeck responded that work will be done along the shared property lines that should address the elevation difference between the two properties. Mr. Steven Myslajek, Baker Associates, 150 South Street, Minneapolis, Minnesota reviewed the plans for the building and the site and asked for questions from the Commissioners. Chair Willson pointed out the use of a rather loud speaker system that is used by auto dealerships outdoors. He asked if there were any plans to eliminate the use of such a speaker system given cell phones and today's communications technology. 8 -17 -06 Page 2 Kathy Dixon, The Luther Companies, 701 Xenia Avenue South, Golden Valley, Minnesota responded to the question regarding the speaker system. She stated that Linda McGinty would be the best person to respond and she would pass that concern on to her. The suggestion was made by the Commission for the dealership to consider discontinuing the use of the speaker system and possibly to at least redirect the sound. Matt Swenson, Landform Engineering, 100 North 6 th Street, Minneapolis, Minnesota introduced himself and clarified the grading and elevation on the property as it abuts the residential property. He stated that the fencing buffer being proposed was thought to be a better look than other plantings and their plan allows for most of the existing trees to remain. Commissioner Roche stated his concerns with plantings along 69 to continue the existing look with evergreens, etc. along with the fence in this area. Chair Willson pointed out that the Commission could merely suggest what type of plantings be used but not require a certain kind. Mr. Warren stated that what is important is that what is planted should be viable and well maintained. He noted underground irrigation is required in all the landscaped areas including that being established along the east property line. No other persons from the public appeared before the Commission during the public hearing on Application No. 2006 -009 and 2006 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to close the public hearing on Application Nos. 2006 -009 and 2006 -010, at 9:03 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. 2006 - 010 -THE LUTHER, COMPANY LIMITED PARTNERSHIP There was a motion by Commissioner Boeck, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2006 -010, submitted by The Luther Company Limited Partnership for Preliminary Plat approval to divide and combine to reconfigure three existing lots addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 4101 69 Avenue North subject to the following conditions: 1. The final plan 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. 8 -17 -06 Page 3 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2006 -009 4. Appropriate cross access and cross parking agreements between Lot 1, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, Bri Mar 2nd Addition prior to final plat approval. 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 building additions comprehended under Planning Commission Application No. 2006 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Parks, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its August 28, 2006 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. 2006 -02 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve Planning Commission Resolution No. 2006 -02 regarding the recommended disposition of Planning Commission Application No. 2006 -009 submitted by The Luther Company Limited Partnership. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Parks, Rahn, and Roche. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution 2006 -02 is made part of these minutes by attachment. 8 -17 -06 Page 4 The Council will consider this application at its August 28, 2006 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. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Lund, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:09 P.M. Chair Recorded and transcribed by: Rebecca Crass I 8 -17 -06 Page 5