Loading...
HomeMy WebLinkAbout2011 05-12 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 May 12, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Kuykendall at 7:05 p.m. ROLL CALL Commissioners Kara Kuykendall, Rachel Morey, Carlos Morgan, Michael Parks and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel. Chair Sean Rahn and Commissioner Stan Leino were absent and excused. APPROVAL OF MINUTES — APRIL 28, 2011 There was a motion by Commissioner Schonning, seconded by Commissioner Morey to approve the minutes of the April 28, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tem Kuykendall 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 -010 — JEFF KAUERZ FOR AUTOZONE Chair Pro Tem Kuykendall introduced Application No. 2011 -010, a request byJeff Kauerz for AutoZone to consider a proposed Preliminary Plat approval of a new plat titled "Rainbow's Garden City Second Addition" for the property located at the northeast corner of Brooklyn Boulevard and 63 Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report and explained that two new lots will be created from this replatting. The existing Walgreen's will remain separate from this plat and once completed, Mr. Kauerz will be able to purchase the newly created lot and complete renovations for a new AutoZone retail auto parts store. PUBLIC HEARING — APPLICATION NO. 2011 -010 There was a motion by Commissioner Morey, seconded by Commissioner Schonning to open the public hearing on Application No. 2011 -010, at7:15 p.m. The motion passed unanimously. Chair Pro Tem Kuykendall called for comments from the public. 5 -12 -11 Page 1 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Schonning to close the public hearing on Application No. 2011 -010, at 7:16 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 -08 There was a motion by Commissioner Morey, seconded by Commissioner Parks to adopt Planning Commission Resolution No. 2011 -08 recommending Preliminary Plat approval of Rainbow's Garden City Second Addition. Voting in favor: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -08 is made part of these minutes by attachment. The Council will consider the application at its May 23, 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 -011 — JEFF KAUERZ FOR AUTOZONE Chair Pro Tern Kuykendall introduced Application No. 2011 -011, a request from Jeff Kauerz for AutoZone for a Planned Unit Development/Rezoning for the property located at the northeast corner of Brooklyn Boulevard and 63` Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report describing the location of the property and the proposal. He explained that the portion of this property subject to the rezoning is shaped by approval or acceptance of the Rainbows Garden City Second Addition plat, which is being considered under separate application and approval by the Planning Commission. Mr. Benetti further explained that the primary purpose of this rezoning is to provide the needed flexibility in securing adjacent parking areas from the MaxSun property which will allow for access easement and driveway rights between properties owners. It also provides a zero line setback between parking facilities. PUBLIC HEARING — APPLICATION NO. 2011 -011 There was a motion by Commissioner Morey, seconded by Commissioner Parks to open the public hearing on Application No. 2011 -011 at 7:30 p.m. The motion passed unanimously. Chair Pro Tern Kuykendall called for comments from the public. 5 -12 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Parks to close the public hearing on Application No. 2011 -011 at 7:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Morey asked about the sale situation of the lot between AutoZone and the MaxSun owners, and how does this affect their overall parking situations. Mr. Benetti explained the replatting and the rezoning will facilitate the completion of an individual lot sale between both parties. He added that separate agreements will be made between both parties to share in the parking. Commissioner Parks requested further clarification of the parking and access easement arrangements. Benetti explained these parking spaces are allocated or agreed upon between the owners of MaxSun retail, or BCK Enterprises, LLC, and AutoZone. The City wants to ensure that all stores or buildings on this site have adequate parking needs met, plus legal access to all portions of the parking lot for all customers. Commissioner Parks also requested information on snow removal. Benetti stated again the on- site maintenance, such as snow removal, cleaning and mowing are handled by and between the property owners. How they handle that arrangement is a private matter, but the City still retains an interest in ensuring that parking areas are cleared and boulevards are mowed or maintained properly. At this point, the City does not have any concerns or unresolved property maintenance issues claimed on this property. The Commissioners indicated no further objections to moving this application on to consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-09 There was a motion by Commissioner Parks, seconded by Commissioner Morgan to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -09 regarding the recommended disposition of Planning Commission Application No. 2011 -011, submitted by Jeff Kauerz for AutoZone, Inc. Voting in favor: Chair Pro Tern Kuykendall, and Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -09 is made part of these minutes by attachment. 5 -12 -11 Page 3 The Council will consider the application at its May 23, 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 -012 — MIKE LAMBERT FOR ALLIED BUILDINGS Chair Pro Tern Kuykendall introduced Application No. 2011 -012, a request from Mike Lambert for Allied Buildings to consider Site and Building Approval of a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the I -2 (General Industry) zoning district, located at 4810 Lilac Drive. Mr. Benetti presented the staff report and explained that the proposed new building would be used for the storage of raw and finished building products typically provided for or sold (wholesale) to Allied customers. He further explained that the new 13,300 sq. ft. building would be consistent with that style as a fully enclosed, machine shed style of structure and the architecture is very plain and simple. Benetti further explained the on -site parking arrangement along the front (westerly) edge of the site, along with the internal parking areas for employees, customer's trucks and commercial trucks for deliveries. Benetti also explained that in the process of researching this site and reviewing former planning department files kept on this site, an ALTA survey from 1995 on the site was discovered, which revealed a 17 -foot wide railroad maintenance easement area (spur track easement) that ties off the existing Soo Line (now Canadian Pacific) railroad right of way to the north. This existing and recorded easement would affect the placement of the new building. Mr. Benetti provided an illustration of the area in question. He further stated in a conversation with the City Attorney, he recommended the owners get this easement released from the railroad, or move the building as needed. Mr. Benetti stated he would be willing to work with Mr. Lambert and Allied on resolving this issue as necessary. Mr. Benetti asked for questions or comments from the Commissioners. Commissioner Morgan asked how long the building would take to put up. Mr. Benetti stated approximately one to two weeks. Seeing or hearing no other comments, Chair Pro Tern Kuykendall asked if the applicant was available to add anything to the discussion. Mr. Lambert was present, but did not wish to add anything to the presentation. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011-012 — MIKE LAMBERT (ALLIED BUILDING) There was a motion by Commissioner Parks seconded by Commissioner Schonning to recommend to the City Council that it approve Application No. 2011 -012, submitted by Mike Lambert (Allied Building), for Site and Building plan approval for a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the 1 -2 (General Industry) Zoning District located at 4810 Lilac Drive, subject to the following considerations: 5 -12 -11 Page 4 1. The building plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes prior to the issuance of permits. If required by the Building Official, the new building's automatic fire suppression systems shall meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 2. An existing signed survey should be submitted showing the proposed building and exact distances from lot lines. 3. No permanent structure shall be constructed over any existing easements. The status of the railroad spur easement may need to be determined later by the City Attorney. 4. The plan should show grading limits, pavement removals and restoration. 5. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. An erosion control plan must be submitted with the construction plans. All erosion control items must be installed before construction begins. 6. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to issuance of any final certificate of occupancy. Voting in favor: Chair Pro Tem Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. The Council will consider the application at its May 23, 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. FINAL PLAT REVIEW OF SHINGLE CREEK CROSSING Director of Business & Development Gary Eitel presented this item. Mr. Eitel explained that the City Ordinance does not specifically state that the Planning Commission review or consider final plat items however, it is a discretionary right or process if the Planning Commission wishes to do so. In this case, since the preliminary plat was recently approved at the April 28, 2011 regular meeting under a public hearing process, this draft final plat is simply back for the Commissioners added review or comments if needed. The Commissioners elected to provide no further comments on the final plat at this time. No official recommendation was provided or offered by the Commissioners. DISCUSSION ITEMS — There were none OTHER BUSINESS: There was no other business. 5 -12 -11 Page 5 ADJOURNMENT There was a motion b Commissioner More seconded b Commissioner Schonnin to adjourn Y Y g J the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. air Recorded and transcribed by: Tim Benetti, Planning Commission Secretary 5 -12 -11 Page 6