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HomeMy WebLinkAbout2011 01-27 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 STUDY SESSION JANUARY 27, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Carlos Morgan, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission/Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Stan Leino was absent and excused. APPROVAL OF MINUTES — JANUARY 13.2011 There was a motion by Commissioner Parks, seconded by Commissioner Morey, to approve the minutes of the January 13, 2011 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. APPLICATION NO. 2011 -001 — GEORGE OGBONNA FOR THE UMUNNE CULTURAL ASSOCIATION Chair Rahn introduced Application No. 2011 -001, a request for Special Use Permit approval to operate an event center at 5939 John Martin Drive for gatherings, graduation ceremonies, weddings, meetings, workshops, holiday celebrations, and other special events for the Umunne Cultural Association of Minnesota. Mr. Eitel introduced the Special Use Permit application and explained the request is to operate an event center at the 5939 John Martin Drive building, an approximately 17,000 sq. ft. space. He described the location of the property and the zoning, C -2 (Commerce), which identifies certain permitted uses. This property is also within the City's CC (Central Commerce) Overlay District that encompasses everything from I -94 to Hwy 100, all of Brookdale and to the south of this site. He further explained that the applicant describes the proposed use as an event center for a variety of events and activities associated with the Umunne Cultural Association. This use is allowed as a special use in the C -2 zoning district, providing it does not abut a residential zoned property. Mr. Eitel further explained that based on availability of parking, the building could accommodate a building occupancy up to 357 persons provided all other building code requirements, including Page 1 1 -27 -11 fire code requirements, and egress requirements are met. He added that based on the history of this type of use in similarly zoned property, it is a compatible use of the property. PUBLIC HEARING — APPLICATION NO 2011 -001 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2011 -001, at 7:17 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. George Ogbonna, on behalf of the Umunne Cultural Association, 3221 138 Ave NW, Andover, Minnesota, introduced himself to the Commission. He introduced the members of his committee that were in attendance with him at the meeting. Mr. Francis Onwualu, 7780 Sommerset Court, Woodbury, Minnesota, introduced himself to the Commission. He stated that the group started in 1984 by a group of members that felt there was a need to get together once a month. It has grown to over 150 members and they are professionals from all walks of life. They originally came here to study, but decided to stay, get married and have children. They have a cultural festival every year and people come from all over the United States to celebrate their culture and background. They searched for over two years to find a building and the building at 5939 John Martin Drive suits their needs for various events and gatherings. Commissioner Schonning stated a concern with access to the site and asked the applicant if they have a plan to deal with parking and egress /ingress from the site during events that may draw a large crowd. He added that he has seen a tight fit with parking at the New King Buffet, which is located next to this building. Mr. Onwualu responded that they did not anticipate a problem and would expect that their property would accommodate their parking needs. Mr. Eitel added that he had not seen any parking being shared from one site to the other, however, traffic and parking could be looked at further to determine if there would be any issues with parking and traffic flow in and out of the site. Commissioner Morey asked how the applicant came to choose the location in Brooklyn Center. Mr. Onwualu stated that it is a great central location for all members and families to gather for events. Councilmember Carol Kleven, 5835 Zenith Avenue North, Brooklyn Center, asked the applicant how often they will be using the building. Mr. Onwualu stated that it will be used mostly on the weekends. Mr. Eitel clarified that churches are not allowed in the CC (Central Commerce) Overlay district and this building will be used for other types of events with no regular church worship services. Mr. George Solomon, 3953 Zane Avenue, Robbinsdale, representing Jani King, is the neighboring property owner. He stated that they purchased the property six years ago and explained that they shared a tight parking configuration with the previous tenant of the building that had low traffic patterns. He added that they have some concerns with parking and would Page 2 1 -27 -11 propose that they table their decision until further study can be done and more information gathered. Mr. Solomon pointed out an area that separates the two properties, which he maintains. They have had problems in the past with snow storage on the site along an area designated as a parking area but used as a drive area because of a tight fit for parking. He added that the problem with the site is the potential for heavy parking during their events when 1/3 of the parking spaces are virtually unusable in the winter because this is where snow is stored on the two sites. Mr. Solomon asked what the hours of operation would be and how many people will be at an event during any given time. He also feels that with the anticipated large crowds gathering for events, it could create issues with his employees and parking. Mr. Eitel stated that no one has the right to trespass on anyone else's property. He also stated that the issue of snow storage and removal can be difficult on the site(s) because of the tight fit for both properties. He suggested that snow may have to be trucked out of the site if it becomes a problem. Mr. Eitel added that he would hope that the two neighboring businesses would be good neighbors and he feels that the applicant plans to be a productive, responsible business owner in the city. He added that it is his understanding that the facility will not be open to the public but open only to members for specific events. He suggested that the two business owners talk and engage in a conversation so there is no infringement on anyone's property and certain property maintenance issues can be coordinated amicably. Commissioner Kuykendall asked the applicant to explain hours of operation and numbers of guests. Mr. Onwualu responded that typically there are 30 to 40 cars and at other times for special events that are maybe 100 cars. He also stated that they attempted to contact Mr. Solomon by phone to talk to him but did not reach him. He added that they are peaceful people who wish to work things out with their neighbors. He added that hours of operation are typically four to midnight. Mr. Ogbonna stated that they have a long relationship as a property owner in St. Paul and have used that property for similar uses with no problems. Mr. Solomon stated that he would be thrilled to see the property mowed since it was not done last year. He added that they are not entirely opposed to this use but would like to see his concerns addressed and stated again that the request be tabled until they can be resolved. Mr. Eitel stated that if the two property owners wish to meet to discuss their concerns that would be appropriate. He added that it is the Commission's role to make a decision on whether or not the application is a compatible use of the property rather than solving a potential working relationship between neighbors. Mr. Solomon again stated that he would like the Commission to clear up his concerns prior to the application being approved and asked them to table the application. Mr. Onwualu responded that he has answered Mr. Solomon's questions and asks the Commission to move forward with a decision tonight. Page 3 1 -27 -11 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -001, at 7:59 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Chair Rahn asked for clarification on landscaping on the back of the site. Mr. Eitel responded that according to the drawings there appears to be some plantings on the site along the back. Commissioner Parks asked what improvements would be made to the site. Mr. Eitel responded that the applicant will maintain and improve the site but improvements to the building are not part of the approval process for a Special Use Permit application. He added that he expects that the applicant will make improvements to the site. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2011 -001— GEORGE OGBONNA FOR THE UMUNNE CULTURAL ASSOCIATION There was a motion by Commissioner Parks, seconded by Commissioner Morgan, to recommend to the City Council that it approve Application No. 2011 -001, submitted by George Ogbonna for the Umunne Cultural Association for a Special Use Permit to operate an event center at 5939 John Martin Drive subject to the following conditions: 1. The maximum occupancy of the building is identified as a condition of the Special Use Permit i.e. 357 or the maximum occupancy allowed by the building code, whichever is less. 2. This Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process, including a new Sewer Availability Charge determination by Metro Council. 4. The necessary permits for food preparation and servicing must be received from Hennepin County Health Department prior to the issuance of Permits. 5. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morgan, Morey, Parks, and Schonning Page 4 1 -27 -11 The motion passed unanimously. The Council will consider the application at its February 14, 2011 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. The applicant was encouraged to meet with the owners of Jani King prior to the application being presented to the City Council. PRESENTATION: DIANE SANNES — EARTH FEST Ms. Diane Sannes, President of Friends of Brookdale Library, explained the upcoming Earth Fest to be held on April 16, 2011 at the Brooklyn Center High School between 1:00 and 4:00 p.m. Ms. Sannes explained that she received a $5,000 grant for Earth Fest 2011. Ms. Sannes stated that Earth Fest would like to help the Commission obtain the City Council's goals and is inviting the Commission to attend Earth Fest and participate in the event by manning a booth. Last year there were 60 booths and 400 people attended Earth Fest, they expect this year to be even bigger and better. OTHER BUSINESS: UPDATE ON THE REDEVELOPMENT OF THE BROOKDALE MALL PROPERTIES (SHINGLE CREEK CROSSINGS) Mr. Eitel stated that representatives for the Brookdale Mall are here to present to the Commission their amended proposal for the redevelopment of the Brookdale Mall Properties. He added that it includes the entire Brookdale site but excludes Sears and Midas. He pointed out that Kohl's and Applebee's are owned separately and are not part of the master plan for redevelopment. He added that the city owned property (old Ground Round building) has been incorporated into the redevelopment plans. Mr. Eitel further explained that 750,000 sq. ft. of the existing mall will be demolished and the first phase of development will be a Wal -Mart with a grocery store. Also included in the plan are several 40,000 sq. ft. junior box stores (tenants unknown at this time) located at various locations throughout the site. Mr. Eitel added that the significance of the buildings on the site adds to the image of a Town Center with the pedestrian walkways, ponding areas, improved traffic flow, and better access to the site. Mr. Will Matzek, representing Brookdale owners, stated that Mr. Eitel explained very well the components of the site. He pointed out the added greenways and explained how the creation of walkways on the site makes it more pedestrian friendly. He further showed the Commission some additional photos of the walkways, entries, lighting and green areas on the site which will create an attractive ingress and egress on the site. Commissioner Kuykendall asked for clarification on where mechanical equipment and the service area would be located on the site with the change in the plan. Ms. Kathy Anderson, Architectural Consortium, explained how the new layout would accommodate screening of the Page 5 1 -27 -11 equipment on the site as well as identifying the location and functionality of the buildings and service areas on the site. There was continued discussion among the Commission regarding the location of proposed buildings, ponding area, the use of the creek and the integration of day - lighting on the site. Commissioners Parks and Kuykendall stated that they would like the applicant to consider redesigning the entry to the site from Xerxes Avenue north. They felt that it is an awkward entrance that is confusing. Mr. Matzek stated he appreciates the comments and he will visit the site to assess the entrance and will also discuss it with Mr. Gatlin, the owner of the property. Commissioner Schonning asked if the frontage road along Hwy 100 would remain on the site. Mr. Matzek stated that it would remain with added improvements. Commissioner Parks pointed out the layout of the walkways in relationship to the creek. Mr. Matzek responded that the walking trails were designed to Three Rivers Park standards and added that they do intentionally keep a separation between trails and the creek for safety reasons. DISCUSSION ITEMS: EXPANSION OF PARKING LOT AT 1700 FREEWAY BOULEVARD TO ACCOMMODATE MANUFACTURING USE Mr. Eitel introduced a discussion item regarding a business located in Brooklyn Center, Precision, Inc., which is a manufacturing facility employing 80 employees. They currently rent a space and are considering relocating their company to 1700 Freeway Boulevard. This building fits their needs; however, parking on the site is not effective for the employees and for truck traffic on the site. The issue being discussed tonight is whether or not the city can accommodate more parking on the site to meet their needs. Mr. Eitel explained that this would involve removing the access off Freeway Boulevard and lining up the access along James Ave /James Circle which creates an 8 ft. boulevard (green strip) area instead of the required 15 ft. green strip area. Mr. Eitel added that by allowing a variance to the required green strip area, it creates additional parking spaces and creates a more efficient traffic flow on the site. Mr. Eitel asked the Commission if they would entertain discussion on this at a future meeting. There was discussion by the Commission regarding alternative parking surfaces and solutions to their parking dilemma. It was the consensus of the Commission to allow further discussion at a future Planning Commission meeting with the applicant. REVIEW OF BUILDING USES AT PALMER LAKE PLAZA INDUSTRIAL BUILDING Mr. Eitel discussed the various uses at the Palmer Lake Plaza building which houses uses such as churches and schools. There is a request to allow a day care facility in this building, however, such a use is not allowed in the 1 -1 (Industrial) zoning district. He added that most of this building does not house industrial or manufacturing uses at this time. Page 6 1 -27 -11 Mr. Eitel explained that many of the tenants are occupying space in the Palmer Lake Plaza without the benefit of a special use permit approval. He stated that he is asking the Commission if they feel it would be appropriate to have a discussion with the building owner to pursue a `multi - purpose' special use permit for a number of existing uses in the building. He added that this would also involve an amendment to the PUD to allow as a use the daycare component that would be associated with the building and the Brooklyn Center ALS. It was the consensus of the Commission to allow the owner of the Palmer Lake Plaza the opportunity to obtain special use permits for any current tenant that should be operating with city approval under the special use permit process. There was no other business. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:38 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 7 1 -27 -11