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HomeMy WebLinkAbout2011 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 STUDY SESSION FEBRUARY 17, 2011 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 Stan Leino, Carlos Morgan, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Tim Roche and Dan Ryan, Secretary to the Planning Commission/Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Kara Kuykendall was absent and excused. APPROVAL OF MINUTES — JANUARY 27, 2011 There was a motion by Commissioner Parks , seconded by Commissioner Morey, to approve the minutes of the January 27, 2011 meeting as submitted. The motion passed unanimously. ADMINISTER OATH OF OFFICE Mr. Eitel administered Oath of Office to Stan Leino. 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 -002 - MARK KEMPER, PLS Chair Rahn introduced Application No. 2011 -002, a request for Preliminary Plat/Subdivision approval of Storla Addition, to divide the single family lot located at 6536 Willow Lane into two single family lots. Mr. Eitel introduced the Preliminary Plat /Subdivision application and explained the property is zoned R -1 (Single Family Residence) and also lays in the Critical Rivers Boundaries and Flood Fringe overylay zones. He stated that the request is for subdivision of a 0.55 acre (24,150 sq. ft.) homestead to create a 12,870 sq. ft. lot for the existing residence and a 12,546 sq. ft. lot for a new residential lot. Mr. Eitel explained that the minimum lot width for an R -1 zoned property is 75 ft., minimum land area is 10,500 sq. ft., front yard setback is 35 ft. and side yard setback is 10 ft. He added that the exceptions to the sideyard setback are: -An accessory structure must be setback 3 ft. from an interior lot line. -The primary structure may be located less than 10 ft., but not less than 5 ft., from not more than one interior lot line provided: 2 -17 -11 Page 1 I I . All other setbacks are met 2. The remaining minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any accessory building. 3. The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. Mr. Eitel further discussed the following issues that need to be acknowledged with review of this application: 1. The existing structure as shown on the tax records was built in 1956. It is considered a non - conforming structure in that it does not meet the 35 ft. minimum front setback for the southwest corner of the residence. (The preliminary plat identifies a 2.3 ft. encroachment into the minimum front yard area.) 2. The preliminary plat identifies the Base Flood Elevation at 818.3 ft. with the rear elevation of the residence at 817.27. As noted, structures that are not elevated on fill or flood - proofed are only allowed as a special use in the Flood Fringe District 3. To meet the 75 ft. minimum lot width for the new lot, the setback to the existing residence is less than 10 ft. (1.62 ft. southwest and .5ft southeast). This would require that the current openings (windows) would need to be closed to meet the ordinance requirements. 4. The plat identifies a jurisdictional land marker that was set as part of a previous Torrens proceeding which adjusted the northern lot line. This adjusted lot line increased the lot width of this parcel and affected the setback to the adjoining garage, shown at 2.43 ft. This structure would also be considered a non - conforming structure. Mr. Eitel stated that on its merits, this application is a non - variance application. (See Planning Commission Information Sheet dated 2 -17 -11 for Application No. 2011 -002, attached.) Commissioner Parks asked for clarification on the regulatory flood elevation. Mr. Eitel explained that the house was built in 1956 one foot below the flood elevation, prior to current flood zone designations. PUBLIC HEARING — APPLICATION NO. 2011 -002 There was a motion by Commissioner Leino, seconded by Commissioner Parks, to open the public hearing on Application No. 2011 -002, at 7:19 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Commissioner Morgan arrived at 7:21 p.m. 2 -17 -11 Page 2 The applicant, Mark Kemper, PLS, stated he is here to answer questions and explained that the property is assessed as two lots for special assessments following road improvements. He explained that there are remedies to make the plan acceptable to the City and encroachments on the site currently exist and should not affect approval of the subdivision since previous issues were resolved in court regarding the northerly lot line. Mr. Kemper added that they would like to have a speedy decision so the owner can move forward. Chair Rahn explained that the intent is to table the application until the City Attorney can draft a resolution approving the application that would address the encroachment in the front yard. Ned Storla, 6536 Willow Lane, stated that he has a concern with the staff report that references a special use permit requirements. He cannot find anywhere in city ordinances that a special use permit would be required. Mr. Eitel responded that the special use permit referred to flood fringe requirements and he would look into it further. He added that an observation was made that would fix a problem that exists on the property which makes it non - conforming. Ned Storla stated that he appreciates the Commission's consideration that these two issues not be combined with regards to a decision on the plat approval. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -002. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Morey, to close the public hearing on Application No. 2011 -002, at 7:29 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 TABLING OF APPLICATION NO. 2011 -002 MARK KEMPER, PLS UNTIL MARCH 3, 2011 There was a motion by Commissioner Parks, seconded by Commissioner Morey, to table Application No. 2011 -002, submitted by Mark Kemper, PLS for Preliminary Plat/Subdivision approval until March 3, 2011 to allow the City Attorney an opportunity to draft a resolution approving the application and outlining the conditions of approval. Voting in favor: Chair Rahn, Commissioners Leino, Morgan, Morey, Parks, and Schonning The motion passed unanimously. The Planning Commission will continue the public hearing at their March 3, 2011 meeting. 2 -17 -11 Page 3 APPLICATION NO. 2011 -003 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -003, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for a Planned Unit Development Amendment to the Brookdale C- 2/PUD, the redevelopment of this regional shopping mall to a 65 acre Town Center commercial development to be known as Shingle Creek Crossing. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -11 for Application No. 2011 -003 and the Director of Public Works memos dated 2 -3 -11 and 2- 16 -11, attached.) Mr. Eitel explained that the applicant is seeking a Planned Unit Development Amendment approval for the demolition of a portion of the mall including the former J C Penney's, Mervyn's and Macy's stores. The plan also includes renovation of approximately 122,000 sq. ft. of the mall located north of Sears, development of a 398,794 sq. ft. of community shopping center including a major anchor retailer, three junior box stores and four restaurant pad sites, as well as six retail buildings for multi - tenants. The plan includes Day - lighting to enhance features recently established along County Road 10 and Xerxes Avenue which gives the development the Town Center feel and look and enhances landscaping and planting as well as creating on -site storm water management. Mr. Eitel explained the history of the mall starting in 1999 when the City Council approved a PUD to the Brookdale Mall properties which allowed expansion, redevelopment and rejuvenation to the mall. In 2004 the City Council approved a 4,195 sq. ft. Dairy Queen Grill and Chill which did not proceed. In 2007, the City Council approved an amendment to the PUD that involved demolition of the former Mervyn's to facilitate construction of an 184,600 sq. ft. Walmart Super Center that also did not proceed. It was further explained that a December 3, 2010 meeting was canceled and accompanying application withdrawn by the applicant to enable the applicant additional time to coordinate potential economic assistance to complete features associated with the Town Center and Day - lighting components. Tonight's application includes revisions to the plan previously submitted. Mr. Eitel pointed out to the Commission written documents that were received today regarding the application, one from Councilmember Roche and one from an attorney representing Sears. Commissioner Leino asked if the tax rate would be higher for this site with less shared interior space. Mr. Eitel stated that he believes it would be a higher per square foot valuation. Commissioner Morey asked if the letter received from the Sears attorney influences the Commission's decision tonight. Mr. Eitel stated that it does not. The Commission may move forward with a decision on the application following tonight's public hearing. He added that staff will engage in conversations with Sears if they so desire. PUBLIC HEARING — APPLICATION NO. 2011 -003 There was a motion by Commissioner Parks, seconded by Commissioner Morgan, to open the public hearing on Application No. 2011 -003 at 8:01 p.m. The motion passed unanimously. 2 -17 -11 Page 4 Chair Rahn called for comments from the public. Frank Gatlin, Gatlin Development, stated that he is pleased to be here. He added that he has developed many commercial properties with all types of tenants over the past 30 years and added it has been two years since he first visited the Brookdale site. He feels that this improvement will be a good thing for the area. He is not accustomed to wait a year and a half to take control of a property that he wishes to develop. He stated that it has been difficult to get tenants committed since the development has been delayed many times. He is very excited to move forward and be able to announce to potential tenants that things are progressing. It has been nearly three years since any major development of this proportion has taken place in the Twin Cities and he is very excited for this development to take place. Mr. Gatlin further explained that when he discovered that the food court and the old Barnes and Noble space was less than ten years old, he decided to keep them standing. He added that they will then open up the space that faces the Walmart parking lot which will open up other shops to the exterior and create an open air shopping center. Mr. Gatlin stated that he is going to meet with Sear's representatives to try to work with them and include them in this development. In the meantime, they will not disturb or touch the Sears property during this development but will encourage them to take the opportunity to renovate and spruce up their store, both exterior and interior. Commissioner Morgan asked Mr. Gatlin about the response received from the retailer's trade show he attended last year. Mr. Gatlin responded that he was told by prospective tenants that they are interested and to contact him when the development is confirmed and happening. Chair Rahn asked the applicant how they vision the Phase II with lining up tenants. Mr. Gatlin stated that he, along with Walmart, wants to see the whole project flow. Walmart, however, is okay by themselves since they are a destination shopping experience. He added that Phase II could be a restaurant or single box store. He added that basically Phase I involves developing Walmart and Phase II involves the rest of it as it happens. Commissioner Morgan asked for other sites Mr. Gatlin has developed in Minnesota. Mr. Gatlin responded that he has not done any projects in Minnesota but works mostly out west and in the south. He added that he has a well seasoned team with a lot of experience and relationships. He hopes to make this a flagship development and a catalyst to revitalize the entire area around the mall, which he feels will be easy with the groundwork already established with street and Day - lighting improvements made by the City in the area. Councilmember Carol Kleven 5835 Zenith Avenue North, stated she is thrilled and excited that Walmart is coming to Brooklyn Center. She stated she lived in Brooklyn Center when it first opened and was one of the first employees at the mall. Councilmember Tim Roche, 816 69 Avenue North, stated he supports this project. He stated that since Xerxes is where the pedestrians will be coming from, he would like to see improvements made to the Xerxes Avenue entrance that would enhance the pedestrian entrance 2 -17 -11 Page 5 and access and create a better green space. Councilmember Roche also stated that he would like to see the site create a better access to Kohl's From Xerxes and 56 Avenue. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Morgan, to close the public hearing on Application No. 2011 -003 at 8:34 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks asked if there are some discrepancies to the plan. Mr. Eitel stated that revisions have been received by the applicant that are a concept at this time that indicate a change coming off of 56 Avenue near the old Barnes and Noble store to create better flow of traffic and pedestrians. There was further discussion by the Commission and Staff regarding easements, Day - lighting, Shingle Creek, access to and around the site, parking and other aspects of the plan. Commissioner Rahn asked about signs on the site particularly along Hwy 100. He pointed out that there was a controversy regarding signage several years ago for Brookdale. Mr. Gatlin stated that they will have a sign for Walmart as well as other tenants as the development takes place. He further explained that except for the Phase I with the Walmart development, this is a work in progress and the size of the buildings and type of retailers and restaurants will evolve as the development takes place. Mr. Gatlin added that all signs on the site will comply with city requirements. The Commissioners interposed no objections to approval of the application. ACTION TO RECOMMEND TABLING OF APPLICATION NO. 2011 -003 LOREN VAN DER SLIK FOR GATLIN DEVELOPMENR COMPANY UNTIL MARCH 3, 2011 There was a motion by Commissioner Morgan, seconded by Commissioner Morey, to table Application No. 2011 -003, submitted by Loren Van Der Slik for Gatlin Development Company for Planned Unit Development Amendment approval until March 3, 2011 to allow the City Attorney an opportunity to draft a resolution approving the application and outlining the conditions of approval. Voting in favor: Chair Rahn, Commissioners Leino, Morgan, Morey, Parks, and Schonning The motion passed unanimously. The Planning Commission will continue the public hearing at their March 3, 2011 meeting. DISCUSSION ITEMS: - Continued discussion on expanding the parking lot for a manufacturing use at 1700 Freeway Boulevard. 2 -17 -11 Page 6 Mr. Eitel discussed the proposed changes to the site (1700 Freeway Boulevard) with the possibility of rain gardens along Freeway Boulevard for the tenant Precision Incorporated which would allow them to increase parking on the site. Mr. Eitel asked for the Commission to conceptually approve the modification to the parking lot with rain gardens along James Avenue. There was a motion By Commissioner Morey, seconded by Commissioner Leino, to approve in concept the location of rain gardens at 1700 Freeway Boulevard to allow additional parking on the site. Voting in favor: Chair Rahn, Commissioners Leino, Morgan, Morey, Parks, and Schonning The motion passed unanimously. OTHER BUSINESS: ELECTION OF 2011 CHAIR PRO TEM Chair Rahn stated that with the two nominations on the floor (Commissioner Kuykendall and Commissioner Parks) for Chair Pro Tem, the Planning Commission had agreed to take a vote at this evening's meeting to nominate the Chair Pro Tern of the 2011 Planning Commission. Chair Rahn further stated that paper votes had been provided to the Commission and would be collected. Following a count of the paper cotes, Commission Kara Kuykendall received four votes and Commissioner Michael Parks received three votes. Commissioner Kuykendall was elected Chair Pro Tern of the 2011 Planning Commission. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Morgan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:05 p.m. Chair Recorded and transcribed by: Rebecca Crass 2 -17 -11 Page 7