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HomeMy WebLinkAbout2009 08-13 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 13, 2009 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:03 p.m. ROLL CALL Chair Sean Rahn, Commissioners Joann Campbell- Sudduth, Kara Kuykendall, Stan Leino, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Business and Development Director Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Della Young was absent and excused. Carlos Morgan was absent and unexcused. APPROVAL OF MINUTES — JUNE 11. 2009 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to approve the minutes of the June 11, 2009 meeting as submitted. The motion passed. 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. 2009 -004 — JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC Chair Rahn introduced Application No. 2009 -004 a request for site and building plan approval for a 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story covered parking facility on an 8.57 acre site at the southwest quadrant of Freeway Boulevard and Humboldt Avenue North. This 8.57 acre parcel is being created by the replatting of the former Days Inn, Cracker Barrell Restaurant and the Olive Garden Restaurant properties which were acquired by the City of Brooklyn Center Economic Development Authority in 2006 and 2007. Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheets dated 8 -13 -09 for Application No. 2009 -004, and the Engineering Department's report and comments dated 8- 11 -09, attached.), Mr. Warren explained that the Economic Development Authority acquired and cleared the properties in 2006 and 2007 in hopes of attracting a corporate office or major office development. The City and the Government Services Administration (GSA), the procurement arm of the federal government, have worked out an agreement for the land and the development of the proposed multi -story office and accessory buildings planned under this application for use as an FBI field office facility. He added that the plan comprehends a unique facility with many security and safety 8 -13 -09 Page 1 measures designed specifically for its use by the FBI that are not common to other office developments. APPLICATION NO. 2009 -005 — JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC Chair Rahn introduced Application No. 2009 -005 a request for a variance from Section 35 -412, Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a portion of the Freeway Boulevard right -of -way for the development proposed under Application No. 2009 -004. Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheets dated 8 -13 -09 for Application No. 2009 -005, attached.) Mr. Warren added that the applicant has provided a proof of parking plan showing the elimination of this visitor parking area and security features should the use of the site convert to typical office occupancy, not requiring such security measures. Such a conversion and implementation of the proof of parking plan would allow for a full 15 ft. green strip /parking setback from the Freeway Boulevard street right -of -way thus eliminating the need for the variance at that time. Chair Rahn asked about the traffic issues along Freeway Boulevard and Shingle Creek Pkwy as was mentioned in the report. Mr. Warren responded that several traffic studies have been done in the past in the area. It was noted from those studies that there was a large capacity for traffic in these areas and this proposed use will have a different impact during peak and off peak hours compared to traffic patterns with the previous use of the property. The traffic studies reflected a level of service at some of these intersections to drop and traffic lights might need to be adjusted to accommodate the different flow in traffic at various intersections. Commissioner Campbell- Sudduth asked if an increase in traffic becomes an issue, when will the City respond. Mr. Warren explained that optimizing the existing signals should make traffic flow without creating any gridlock. PUBLIC HEARING — APPLICATION NO. 2005-005 There was a motion by Commissioner Leino and seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2009 -005 at 7:55p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Jim Irwin, representing Barry Real Estate Companies, 30 Ivan Allen Jr. Boulevard, Atlanta, Georgia, introduced himself as the applicant. He stated that the traffic studies are based on the square footage of a building and not the FBI occupancy of the building. The FBI's plan is to hire 280 people in the beginning with the capacity of 350 in the building. He further explained the anticipated number of vehicle trips to the site based on the building size and capacity. Mr. Irwin added that the secondary entrance to the site was made along James Circle rather than along Freeway Boulevard noting that the vast majority of employee traffic will use this entrance which will alleviate additional traffic concerns along Freeway Boulevard. I 8 -13 -09 Page 2 Chair Rahn asked about water retention for the site. The applicant responded that the plan includes maintaining water on site to allow for a slow drainage to the retention site on the Regal theater site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2009 -005. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Campbell- Sudduth, to close the public hearing on Application No. 2009 -005 at 8:08 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Leino stated that he is very excited to see this development take place on this site with its high visibility and it is an excellent addition to the city. Mr. Warren added that this is not a tax exempt facility since the FBI will be leasing the property and the city's goal in acquiring this site was for a major corporate or office building complex to be located on this site which makes this an excellent fit. Commissioner Leino asked for the time frame of construction. Mr. Irwin responded that they hope to start grading, foundation and footing work this year and the entire project will take about 22 months to complete. Commissioner Parks asked staff to explain notes made by the Engineering Department regarding a berm on the east side of the property. Mr. Gary Eitel, Business and Development Director, responded that there is a ground elevation difference near the entry into the garage which will require grading that occurs off site. He added that it runs alongside city owned land and goes over a utility easement. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2009 -004 — JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS. LLC There was a motion by Commissioner Ku kendall seconded b Commissioner Leino to recommend to the City Council that it Y � Y � Y approve Application No. 2009 -004, submitted b Jim Irwin on behalf of Barr Minneapolis, Y Y P LLC for site and building d g plan approval fora 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story covered parking facility on an 8.57 acre site at the southwest quadrant of Freeway Boulevard and Humboldt Avenue North subject to the following conditions: 1. The building plans are subject h Building fficial with t to review and approval b the O g P J Pp Y respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by 8 -13 -09 Page 3 the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The final plat comprehended under Planning Commission Application No. 2009 -001 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 13. Plan approval is contingent upon the granting of the variance from the green strip /parking setback requirements comprehended under Planning Commission Application No. 2009 - 005. 14. The owner of the ro ert shall enter into an easement and agreement for maintenance p p Y g and inspection of utility and storm drainage systems prior to the issuance of permits. 15. Storm water drainage systems shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 8 -13 -09 Page 4 16. The owner of the property shall enter a proof of parking agreement to provide up to 694 parking spaces on the site upon a determination by the City, to be constructed within one year following notification that such parking is needed. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, and Parks. The motion passed unanimously. The Council will consider the application at August 24, 2009 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. 2009 -005 — JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS. LLC There was a motion by Commissioner Parks, seconded by Commissioner Campbell- Sudduth, to recommend to the City Council that it approve Application No. 2009 -005, submitted by Jim Irwin on behalf of Barry Minneapolis, LLC, for a variance from Section 35 -412, Subdivision 4, of the Zoning Ordinance requiring a 15 ft. parking setback and green strip on a portion of the Freeway Boulevard right -of -way for the development proposed under Application No. 2009 -004 based on substantial precedent for similar variance requests and the fact that the Standards for Variance are met, subject to the following condition: 1. The owner of the property shall enter into a proof of parking agreement, the implementation of which will negate the need for said variance. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, and Parks. The motion passed unanimously. The Council will consider the application at August 24, 2009 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 Mr. Warren stated that staff is researching information on Farmer's Markets to deal with the situation on a more permanent basis but permits have been issued to allow it to operate at Brookdale until that time. This matter will come back to the Planning Commission for further discussion. There was no other business. 8 -13 -09 Page 5 ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. T e meeting adjo reed at 8:30 p.m. Chair Recorded and transcribed by: Rebecca Crass 8 -13 -09 Page 6