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HomeMy WebLinkAbout2005 02-17 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 FEBRUARY 17, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:37 p.m. ROLL CALL Chair Tim Willson, Commissioners, Rachel Lund, Rex Newman, 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. Graydon Boeck and Dianne Reem were absent and excused. Sean Rahn was absent and unexcused. APPROVAL OF MINUTES — JANUARY 13. 2005 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to approve the minutes of the January 13, 2005 meeting as submitted. The motion passed unanimously. 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. 2005 -004 — MARY BARRUS /GARY SWENSON AND THE ESTATE OF PAUL FAGERHAUGH Chair Willson introduced Application No. 2005 -004, a request from Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus /Swenson property, 5441 Camden Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2005 -004, attached.) He noted the properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus /Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. PUBLIC HEARING — APPLICATION NO. 2005 -004 There was a motion by Commissioner Roche and seconded by Commissioner Newman, to open the public hearing on Application No. 2005 -004 at 7:45 p.m. The motion passed unanimously. 2 -17 -05 Page 1 Chair Willson called for comments from the public. Mr. Gary Swenson, 5441 Camden Avenue North, stated that his request is strictly for convenience so that when there is a new owner of 5445 Camden Avenue North, they no longer will have to share a common driveway. He added that the estate of Mr. Fagerhaugh will determine where the new driveway for 5445 Camden Avenue North will be located. Mr. Neil Fagerhaugh, nephew of Mr. Paul Fagerhaugh, stated that the probate papers were brought to court in January and he will gain legal control of the estate very soon. He will be selling the property when this division is complete. Commissioner Newman pointed out to Mr. Fagerhaugh that he cannot transfer ownership of the property within 30 days of being appointed legal executor of the estate. Commissioner Lund inquired about any wells on the property and if they might be near the driveway. Mr. Fagerhaugh stated that they believe there is a well but that it is probably located closer to the foundation of the house. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the public hearing on Application No. 2005 -004 at 8:05 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -004 - MARY BARRUS /GARY SWENSON AND THE ESTATE OF PAUL FAGERHAUGH There was a motion by Commissioner Roche, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2005 -004, submitted by Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh, for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North on the basis that the standards for variance and the City's policy regarding metes and bounds descriptions have been met and also that there is substantial precedent for such variances. This recommended approval is subject to the following conditions: 1. The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 2 -17 -05 Page 2 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55 Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55 Avenue shall be obtained from the City Engineering Department. Voting in favor: Chair Willson, Commissioners, Newman, Lund, and Roche. The motion passed unanimously. i The Council will consider the recommendation at its February 28, 2005 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. 2005 -002 — BEAR CREEK CAPITAL, LLC Chair Willson introduced Application No. 2005 -002, a request from Bear Creek Capital, LLC, for preliminary plat approval to combine eight existing lots located at the northwest corner of County Road 10 (58 Avenue North) and Brooklyn Boulevard into two lots. The northerly lot would be the site for an existing dental clinic while the southerly lot would be for a proposed CVS Pharmacy. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2005 -002 and the Director of Public Works' 2/2/05 memorandum, 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. 2005 -003 for a 13,000 sq. ft. CVS Pharmacy. APPLICATION NO. 2005 -003 — BEAR CREEK CAPITAL, LLC Chair Willson introduced Application No. 2005 -003, a request from Bear Creek Capital, LLC, for rezoning from R -1 and C -1 to PUD /C -2 of five contiguous lots located at the northwest corner of County Road 10 and Brooklyn Boulevard and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2004 -003 and the Director of Public Works' 2/2/05 memorandum, attached.) The applicant's plan is to demolish and/or otherwise remove the five existing single family homes and other accessory buildings to build a 13,000 sq. ft. CVS Pharmacy, which would have cross driving, parking and access rights with the neighboring dental center site to the north. 2 -17 -05 Page 3 PUBLIC HEARING — APPLICATION NOS. 2005 -002 AND 2005 -003 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to open the public hearing on Application Nos. 2005 -002 and 2005 -003, at 9:45 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Milo Carlson, 5830 Drew Avenue North, who lives behind the proposed development stated that his concern is with the excessive run off of water in the Cross of Glory parking lot and is concerned that this development will put added stress on the existing system to the point that it may not be able to handle the additional water flow based on what's shown on the plan. Chair Willson explained that the City Engineer will be reviewing the plan to be sure that there is an appropriate catch basin in place for the CVS development to assure proper drainage off the site. Mr. Warren pointed out that when the church was built there were different requirements for drainage on a site and that the drainage system to be placed on the applicant's site would be required to meet current specifications for catch basins, etc. Mr. Bill Tippmann, Bear Creek Capital, introduced himself as a developer from Cincinnati Ohio hired to develop CVS Pharmacies. They are in the process of developing 22 CVS Pharmacies in the metro area. Two are complete; one in Plymouth and one in Maple Grove, with two others under construction. There are plans for four other CVS Pharmacies to begin construction this spring. Mr. Tippmann explained that they have an agreement with Dr. Kotonias and that Bear Creek Capital will be responsible for all improvements on the site. He added that they are also in the process of creating a cross access agreement with Dr. Kotonias regarding parking. He further explained what their plans are to meet the City's screening requirements where this property abuts the R -1 zoned property. Mr. Warren explained that a 15 ft buffer and a 6 ft. high opaque fence are required between C -1 and R -1 zones. Mr. Tippmann stated that the requirements may have been misunderstood by the landscape architect and will be provided for on a revised plan. He added that foot candle limitations will also be reconfigured to meet city ordinance requirements. Storm water concerns will be addressed by their Engineer to meet the City Engineer's recommendations. He added that he has attempted to reach some of the surrounding property owners and left messages with most of them. 2 -17 -05 Page 4 Commissioner Roche asked Mr. Tippmann about shifting the building to eliminate the two lane drive way on the west. Mr. Tippmann responded that his client had made a large investment in this project and feels that they have seriously studied the layout of this development and felt it was appropriate but that they would include any changes desired by the Commission in a revised plan and further review Commissioner Roche's suggestion. There was discussion by the Commission members regarding whether or not the plan could be recommended to the City Council in light of proposed changes to the plan and the 60 day time limit for City Council approval. There was also further discussion regarding screening and buffering of residential property on the site. Mr. Tippmann offered to place additional screening on the site if that would be acceptable to the Commission. Mr. John Steffens, 5824 Drew Avenue North, is concerned with `two way' traffic flow on the site and would like to see additional screening added to the site along with the proposed landscaping. He suggested the placement of a 6 ft. high opaque fence along the residential property that abuts with the dental center. Mr. Steffens also inquired about the selection of this site for development and asked why a different site wasn't chosen that is currently vacant and in need of development. Chair Willson explained that the applicant chose the site and the city is not in a position to deny approval based on that. No other persons from the public appeared before the Commission during the public hearing on Application Nos. 2005 -002 and 2005 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the public hearing on Application Nos. 2005 -002 and 2005 -003, at 10:17 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. 2005 -002 — BEAR, CREEK CAPITAL, LLC There was a motion by Commissioner Roche, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2005 -002, submitted by Bear Creek Capital, LLC for preliminary plat approval to combine eight existing lots located at the northwest corner of County Road 10 (58 Avenue North) and Brooklyn Boulevard into two lots subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2 -17 -05 Page 5 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. 2005 -003. 4. Appropriate cross access and cross parking agreements between the proposed Lots 1 and 2, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1, prior to release of the final plat. This sidewalk easement shall extend a minimum of one foot beyond the outside edge of the existing sidewalk. 6. The final plat shall include a 20 ft. wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the plat is centered along the alignment of the existing sanitary sewer. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 8. Water and sanitary services to the existing five homes within the preliminary plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering Division office. 9. The homes and accessory buildings within the boundaries of the preliminary plat shall be demolished and/or removed from the property prior to final plat approval and filing. 10. Building permits for construction of any building comprehended under Planning Commission Application No. 2005 -003 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin Coun Voting in favor: Chair Willson, Commissioners, Lund, Newman, and Roche. The motion passed unanimously. The Council will consider the application at its February 28, 2005 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. 2005 -01 2 -17 -05 Page 6 There was a motion by Commissioner Newman, seconded by Commissioner Roche to approve Planning Commission Resolution No. 2005 -01 regarding the recommended disposition of Planning Commission Application No. 2005 -003 submitted by Bear Creek Capital, LLC for rezoning from R -1 and C -1 to PUD /C -2 and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners, Lund, Newman, and Roche. And the following voted against the same: None; Whereupon said resolution as declared duly passed and adopted. Resolution 2005 -01 is made part of these minutes by attachment. The Council will consider this application at its February 28, 2005 meeting. The applicant must be present. Major changes to the applications as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. OTHER BUSINESS Chair Willson informred the Commission that he had attended the first meeting of the Opportunity Site Task Force to which he has been appointed Chair. He also shared future meeting dates as well as other information regarding the site being studied. Chair Willson commented on a report prepared by city staff and the Housing Commission regarding senior housing. He added that he attended the Housing Commission meeting on February 15, 2005 and shared information with them regarding the Planning Commission's functions and responsibilities. There was no other business. ADJOURNMENT There was a motion by Commissioner Lund, seconded by Commissioner Roche to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:48 p.m. Chair Recorded and transcribed by: Rebecca Crass 2 -17 -05 Page 7