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HomeMy WebLinkAbout2011 04-28 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 April 28, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:07 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, and Stephen Schonning were present. Also present were Council members Carol Kleven and Dan Ryan, Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Stan Leino, Carlos Morgan and Michael Parks were absent and excused. APPROVAL OF MINUTES — MARCH 31, 2011 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to approve the minutes of the March 31, 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 -008 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -008, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for Preliminary Plat Approval of Shingle Creek Crossing, which involves the replating of the Brookdale Mall properties, excluding the Sears parcel, into 19 lots and one outlot to facilitate the phased improvements and development of the Shingle Creek. Crossing PUD. Mr. Eitel presented the staff report commenting on the background of the Planning Commission's reviews on the Shingle Creek Crossing Development concept, the provisions of the PUD ordinance, the 1999 Brookdale PUD agreement and prior public hearings scheduled to consider this redevelopment. Mr. Eitel further explained the following changes to the Preliminary Plat presented at the march 17'' public hearing: -Midas and Kohl's properties have been included in the plat. 4 -28 -11 Page I -The developer has chosen to plat all of the lots identified in the Shingle Creek Crossing PUD at this time vs. a phased approach and that the Preliminary Plat would be reviewed first this evening followed by the PUD presentation. Mr. Eitel described how the replatting of the property creates 19 new marketable parcels and illustrated several proposed easements to be included in the replatting of the property. He indicated that a letter dated April 27, 2011 had been received from Sear's attorney, Hinshaw and Culbertson, requesting that the Commission delay any actions on these applications pending resolution of Sear's concerns and issues with the redevelopment of Brookdale Mall properties and that a copy of their letter is included in the minutes of this meeting. Chair Rahn asked about the comments related to the closing of the curb cut along Bass Lake Road that serves Kohl's as well as the box culverts within the county ditch along Shingle Creek. Mr. Eitel responded that there had been several conversations with the applicant regarding these issues and that the applicant has indicated they will close that entrance once Kohl's lease expires and after they have the authority to do so. Mr. Eitel added that the City has been working with Hennepin County on completing a study involving a full day - lighting concept of Shingle Creek. The concept involves the acquisition of land from the developer and a financial strategy to fund the improvements beyond the costs of the proposed partial day - lighting of the creek. The concept will be presented to the City Council for direction on a financial strategy and working with the developer on a plan amendment that could be considered as a Phase II modification PUBLIC HEARING — APPLICATION NO. 2011-008 There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008, at 7:25 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Frank Gatlin, Gatlin Development Company introduced himself to the Commission. Commissioner Schonning commented that he felt that the new plat, with the Midas parcel now included, looked like a much better plan than the one previously presented to the Commission. Mr. Gatlin expressed that he is close to wrapping up an agreement with Sears and incorporating them in the development plans. He added that they are also at a point where they need to wrap things up with the lender and the seller in order to move forward. He further explained that they have positioned the site so that the front of Sears can be seen from the Walmart entrance and they have added Sears to the signs on the site. Mr. Gatlin stated that they would like to keep Sears on site and have them continue to be a tenant on the site. He added that they hope to have a document executed soon with Sears that includes them in the plans and they hope for demolition to begin in June or July on the rest of the buildings. 4 -28 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to close the public hearing on Application No. 2011 -008, at 7:30 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-06 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to adopt Planning Commission Resolution No. 2011 -06 recommending Preliminary Plat approval of Shingle Creek Crossing. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -06 is made part of these minutes by attachment. The Council will consider the application at its May 9, 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. APPLICATION NO. 2011-009 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -009, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for a Planned Unit Development of the Brookdale Mall redevelopment to be known as Shingle Creek Crossing. Mr. Benetti presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4 -28 -11 for Application No. 2011 -009 and the Director of Public Works memos dated 4- 25 -11, attached.) He stated that the applicant is seeking a Planned Unit Development proposal to allow the following changes to the original Brookdale redevelopment plan that includes Walmart as a major anchor: 1. The demolition of approximately 760,000 sq. ft. of the mall including the former JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 402,489 sq. ft. community shopping center /town center that 4 -28 -11 Page 3 includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi- tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. Mr. Benetti described the background and history of the Planning Commission's review of the redevelopment of the Brookdale Mall site to include the following: On February 17, 2011, the Planning Commission conducted a public hearing on Planning Commission Application No. 2011 -003 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, for a Planned Unit Development Amendment to the Brookdale C- 2/PUD, to be known as Shingle Creek Crossing. At that time the Commission directed the preparation of a resolution approving the proposed amendment with the appropriate findings and conditions. The resolution was intended to be presented at the March 3, 2011 meeting, however, due to a lack of quorum this item was postponed until a special meeting on March 10, 2011. At said meeting, the Planning Commission unanimously adopted a resolution recommending approval of the application for a Planned Unit Development Amendment to the 1999 Brookdale C- 2/PUD, (Planning Commission Application No. 2011 -003). On March 14, 2011, the City Council accepted the Planning Commission recommendation and authorized the City Attorney to prepare the resolution and PUD development agreement for Application No. 2011 -03 submitted by Loren Van Der Slik for PUD Amendment approval to the Brookdale C -2 /PUD. On March 17, 2011, the Planning Commission reviewed Application No. 2011 -004 the Preliminary Plat for Shingle Creek Crossing, which would replat the existing Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. This plat would exclude the existing Sears, Midas and Kohl's parcels. The Planning Commission also reviewed said Phase I development plan consisting primarily of the Walmart store development, access roads, walkways, streetscaping and lighting, along with the Architectural Design Guidelines that would govern this PUD site. The public hearing on the plat was opened and closed (without any public comments), and a secondary motion made to table this plat to the March 31, 2011 meeting to allow city staff to address a number of concerns with the applicant. The Architectural Guidelines and Phase I items were provided under a "general presentation" by the applicant, with minimal recommendations or concerns raised by the Planning Commission. On March 22, 2011, representatives from Gatlin Development (Developer) Capmark Financial (property owners), Sears and city staff met to discuss on -going issues related to the site. The Developer agreed to postpone the March 31, 2011 Planning Commission meeting for final review of the Preliminary Plat of Shingle Creek Crossing. Subsequent to this meeting, the Developer informed staff that the Midas parcel was secured for acquisition and would now be included in the PUD and plat. The Developer further agreed to withdraw the original Planning 4 -28 -11 Page 4 Commission Application No. 2011 -03 (PUD Amendment), No. 2011 -004 (Preliminary Plat) and No. 2011 -005 (Site and Building Plan). At the March 31, 2011 Planning Commission meeting, staff informed the Commission that the applications noted above have been officially withdrawn by the Applicant/Developer. Mr. Benetti described the proposed revisions to the Planned Unit Development and Site and Building plan as indicated on the plans. Benetti pointed out that each lotibuilding site identifies the maximum building size allowed under this PUD plan, along with specific parking areas to accommodate typical retail uses or the restaurant uses. Benetti also discussed the Architectural Design Standards and Guidelines that would govern this site, particularly Class I and Class II materials as recommended by city planning staff in the April 28, 2011 Planning Information Sheet. These classes of materials are separated out in 50% and 25% thresholds that would be applied to each respective building. Mr. Benetti added that there are additional issues related to the final plans that staff anticipates they will work out with the applicant through future discussions. Benetti added that the site and building plans being reviewed under this planning application are referenced to the proposed Walmart facility and their related improvements, plus the Phase I improvements. Commissioner Kuykendall asked for clarification about the walkway near the Midas site. Mr. Benetti responded that the east -west road between Walmart and Midas contains a lot of openings with a disconnect that doesn't complete or connect the walkway system as shown in other places on the site. They have encouraged the applicant to look at the plan further to create a safer environment for all walkways on the site that connects one pedestrian area to another. Commissioner Morey asked about comments made about further landscaping on the Walmart site, specifically the parking areas. Mr. Benetti responded that the cart corrals are spaced openly on the site which provides adequate parking for the Walmart site and if they removed a few parking spaces, they could add additional landscaping on the site. Benetti recommended that only the westerly 7 -8 rows of double - parking be considered for this added landscaping. Commissioner Kuykendall stated CUB put in anti -lock mechanism so carts could not be removed from the site. She asked how they will keep carts on the site so they don't end up off site. Mr. Benetti stated that Walmart representatives or consultants are available tonight to answer that question. PUBLIC HEARING — APPLICATION NO. 2011-008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -008 at 8:05 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Commissioner Kykendall asked for her questions to be responded to by the applicant. 4 -28 -11 Page 5 Mr. Will Matzek, Kimley Horn and Associates, stated that the walkway is situated such that traffic is directed to the store fronts. He stated that they have had conversations with staff and will work on an acceptable plan. Commissioner Kuykendall stated that she feels that people will walk in the area referenced even if appropriate pathways are not there and she would encourage the applicant to look at that further. Mr. Matzek responded that the refer to keep pedestrian along the store fronts but will consider p they Pp g changing that on the plan if the Commission desires such a change. Ms. Jackie Cook- Haxby, SAIC Architects, stated that the carts are not kept outside but in the entrances with cart corrals on either side of the building as well as in the parking lot. The theory is that most people will return the carts and if not, staff goes out and returns the carts. Commissioner Kuykendall stated that she would like Walmart to be pro- active in making sure the carts do not end up all over the city like carts from other retail stores around the city. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -008 at 8:1 1p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners indicated no objections to moving this application on to consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-07 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -07 regarding the recommended disposition of Planning Commission Application No. 2011 -009, submitted by Loren Van Der Slik for Gatlin Development Company Co, Inc. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -07 is made part of these minutes by attachment. 4 -28 -11 Page 6 The Council will consider the application at its May 9, 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. DISCUSSION ITEM: Luther Automotive Group — Review of updates to Planning Commission Application No. 2008- 005 (Luther Brookdale Honda & Luther Toyota City Dealerships) 6700 and 6800 Brooklyn Boulevard The Luther Company is requesting preliminary review and input to their previously approved Planning Application No. 2008 -005, which rezoned the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North, addressed as 6700 and 6800 Brooklyn Boulevard from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development/ Commerce). The application also considered the approval of a site/building plan for the new Luther Brookdale Honda dealership and the new Luther Toyota City dealership. Mr. Benetti stated that this item is being presented unofficially at this time in order to provide an update to the Planning Commission and is not being considered or reviewed under any official public hearing process. Mr. Benetti added that staff does not have any issues with this proposal since the minor modifications do not affect previous approvals. Mr. Eitel added that the final plat of the property needs to be completed. Mr. Benetti added that if the Commission chooses to do so, staff will direct the Luther group to re- submit an official Site and Building plan application which will present and consider these revisions. This matter is intended to be presented to the Planning Commission under formal application consideration at the May 26, 2011 regular meeting. Mr. Eitel stated that since approval for this development was granted in 2008, it seems appropriate to send out notices again to surrounding property owners as if there were a public hearing to notify residents. There was a motion by Commissioner Morey, and seconded by Commissioner Schonning, to recognize the consistency of the previously approved Planning Commission Application No. 2008 -005 and further review the final site plan for review and approval at the May 26, 2011 Planning Commission meeting. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, and Schonning The motion passed unanimously. OTHER BUSINESS: There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. 4 -28 -11 Page 7 n '! / n '/ 4*Chr Pr em Recorded and transcribed by: Rebecca Crass 4 -28 -11 Page 8