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HomeMy WebLinkAbout2003 08-14 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 AUGUST 14, 2003 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck and John Whitehead were absent and excused. APPROVAL OF MINUTES — JULY 17.2003 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve the minutes of the July 17, 2003 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson 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 2003 -011 - HOLIDAY STATIONSTORES, INC. Chair Willson introduced Application No. 2003 -011, a request for site and building plan approval to construct a 43,761 sq. ft. commissary building on a newly created parcel of land at the southeast corner of Shingle Creek Parkway and 69 Avenue North. This application was tabled at the July 17, 2003 Planning Commission meeting. It is the request of the applicant that the application be withdrawn since the site and building plan proposal for this site will be considered under Planning Commission Application No. 2003 -012, which is a request for rezoning and development plan approval through the Planned Unit Development (PUD) process. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to acknowledge withdrawal of Application No. 2003 -011. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. 8 -14 -03 Page 1 APPLICATION NO. 2003 -012 - SPM CONSTRUCTION CO. & HOLIDAY STATIONSTORES, INC. Chair Willson introduced Application No. 2003 -012, a request from SPM Construction Co. and Holiday Stationstores, Inc. seeking Rezoning and Development Plan approval through the Planned Unit Development (PUD) process for two parcels of land at the southeast corner of Shingle Creek Parkway and 69 Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -012 and the Director of Public Works' memo dated 8- 13 -03, attached.) The property in question is zoned 1 -1 (Industrial Park) and is located at the southeast corner of Shingle Creek Parkway and 69 Avenue North and includes a vacant triangular shaped parcel of land. These lots are being replatted under Planning Commission Application No. 2003 -010 to create two new lots. The applicants are seeking PUD /1 -1 rezoning approval to accommodate construction of a 43,761 sq. ft. Holiday Stationstore Commissary building on one lot and to provide parking lot modifications to the existing Palmer Lake Plaza site (6850, 6860 and 6870 Shingle Creek Parkway). There was discussion by the Commission members regarding access to the site from 69 Avenue North and also traffic flow at the 69 Avenue North and Shingle Creek Parkway intersection. Mr. Warren explained how movement and access on the site would be designed so as to create the least amount of inconvenience to the areas abutting the site. He added that some of the details related to access and parking would need to be addressed further with the City Engineer prior to construction and final approval. PUBLIC HEARING — APPLICATION NO — 2003 -012 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -013, at 8:48 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Dave Hoeschen, Director of Real Estate for Holiday Stationestores, introduced himself. He explained that Holiday has about 330 stores in the northern tier of the country. About five years ago the commissary business was started and has been based since that time in Brooklyn Center in the building currently occupied. They have plans to expand and they wish to stay in Brooklyn Center in order to keep their current employees. He explained that his is a low intensity use where assembly of fresh sandwiches and salads is done. There are about 20 employees on two different shifts. He added that parking on the west side is for employees only and there will be no truck traffic from 69 Avenue North Bruce Saline, 6843 York Place, (Earle Brown Farm Townhouse Association) has a concern with traffic control at the intersection of 69 Avenue and Shingle Creek Parkway. He stated that he would like to see a right turn lane onto 69 be considered at this intersection. He added that there is a lot of pedestrian traffic at this corner and feels that a traffic signal would make it safer for vehicles and pedestrians. 8 -14 -03 Page 2 Mr. Warren responded that the City Engineer conducted traffic counts and this intersection did not meet the warrants for a traffic signal. Generally, if the warrants are not met, the City will not proceed with a signal installation. He added the City could continue to monitor the situation and possibly do a recount after construction of the building. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -012. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman., seconded by Commissioner Rahn, to close the public hearing on Application No. 2003 -012, at 9:03 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. There was discussion by the Commission members to add a Condition No. 16. to the draft Planning Commission Resolution 2003 -01 acknowledging that only one access will be allowed from 69 Avenue North and that this action should not be considered a precedent for more accesses from 69 Avenue. There was discussion by the Commission members regarding requiring a traffic signal at the intersection as part of the development approval. Mr. Warren explained that the cost of the traffic signal should not necessary be born by the developer since they are not significantly adding to the increased traffic on the site. It was the consensus of the Commission members to make a suggestion in the minutes reflecting to the City Engineer that he review the traffic counts on the site following the completed construction. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2003 -01 Therre was a motion by Commissioner Newman, seconded by Commissioner Rahn, to approve Planning Commission Resolution No. 2003 -01 regarding the recommended disposition of Planning Commission Application No. 2003 -012 submitted by SPM Construction Co. and Holiday Stationstores, Inc. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem, and the following voted against the same: None; whereupon said resolution as declared duly passed and adopted. Resolution 2003 -01 is made part of these minutes by attachment. The Council will consider the recommendation at its August 25, 2003 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. It was the consensus of the Commission that the city staff be requested to monitor traffic in the area of 69 and Shingle Creek Parkway to see if warrants exist to support the installation of a traffic signal. 8 -14 -03 Page 3 APPLICATION NO. 2003-013 - BERNARD AND KATHLEEN SWANSON Chair Willson introduced Application No. 2003 -013, a request from Bernard and Kathleen Swanson, seeking approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots that were combined for tax purposes. This would allow the two lots to be used and sold separately. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -013, attached.) He explained that the applicants plan to file the survey they have submitted with Hennepin County to reestablish the old lots and to sell them separately. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003-013 — BERNARD AND KATHLEEN SWANSON There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -013, submitted by Bernard and Kathleen Swanson for approval to uncombine, or resubdivide, their property (addressed as 6213 Unity Avenue North) to reestablish two platted lots for tax purposes subject to the following conditions: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 2003 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. 2003 -014 — EASTBROOK PROPERTIES LLC (DAVID EVANSON) Chair Willson introduced Application No. 2003 -014, a request from Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69 Avenue North into six single family lots, an outlot and street right of way. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -014 and the Director of Public Works' memo dated 8- 12 -03, attached.) The property in question is zoned R -1 (One Family Residence) and is located between 68 and 69 Avenues North, east of Aldrich Avenue North. The proposed plat would be divided into six buildable lots and an outlot. 8 -14 -03 Page 4 Commissioner Newman inquired about the history of the property prior to the Hwy 252 expansion. Mr. Warren explained that the properties abutting Hwy 252 contained single family homes which the highway department acquired and demolished or moved off the site as part of the Hwy 252 construction. PUBLIC HEARING — APPLICATION NO. 2003-014 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -014, at 9:46 p.m. The motion passed unanimously. Chair Willson called for comments from the pubic. The applicant, Mr. David Evanson, owner of Eastbrook Properties, LLC, introduced himself and described the history of the property, his plans to acquire surrounding parcels and his proposal to develop the site with single family homes. Larry Franzen, 6736 Aldrich Avenue North, expressed his concern with the cost of a new road being assessed to his property. Mr. Warren explained that any assessment would have to be consistent with the assessment policies of the city. Walter Wenholz, 501 69 Avenue North, stated he has not heard from the developer regarding acquisition of his property and asked how the development would affect his property. Mr. Evanson responded the reason he has not contacted this property owner yet is because he is attempting to finalize plans with MnDot for acquisition of the highway right of way prior to discussion with other property owners that may be affected. It was clarified that the master plan for this area was a guide only and did not commit any property owner to participate in its development. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003 -014, at 10:00 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 APPROVAL OF APPLICATION NO. 2003 -014 EASTBROOK PROPERTIES, LLC. There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003 -014, submitted by Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69 Avenue North into six single family lots, an outlot and street right of way subject to the following conditions: 8 -14 -03 Page 5 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 2003 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. 2003 -015 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT) Chair Willson introduced Application No. 2003 -015, a request from Peter B. Myers, on behalf of Norse Management, for Prelinimary Plat approval to divide and combine two parcels of land located on the south side of 69 Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69 Avenue North) and 21 townhome lots and an outlot for a proposed townhome development. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -015 and the Director of Public Works' memo dated 8- 12 -03, attached.) The properties under consideration are zoned R -5 (Multiple Family Residence). Companion Application No. 2003- 016 is an application for site and building plan approval for construction of 21 townhomes on the site. Townhomes are a permitted use in the R -5 zoning district provided density requirements are met. PUBLIC HEARING — APPLICATION NO. 2003-015 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003 -015, at 10:41 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 8 -14 -03 Page 6 Allen Krutman, Proterra Designs, Inc., representing the applicant introduced himself and stated that they have reviewed comments from staff and will comply with all requirements for this development. Commissioner Erdmann asked if the proposed townhomes are of modular construction. Mr. Krutman responded that they are modular homes, which are placed on the foundation. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -015. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003 -015, at 10:44 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 APPROVAL OF APPLICATION NO. 2003 -015 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT) There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -015, submitted by Peter Myers, for Preliminary Plat approval to divide and combine two parcels of land located on the south side of 69 Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69 Avenue North) and 21 townhome lots and an outlot for a proposed townhome development subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An ordinance vacating 5 ft. wide drainage and utility easements on either side of the existing lot lines separating Lot 1, Block 1, and Lot 2, Block 1, Tanami Addition, shall be approved by the City Council prior to final plat approval. 4. A Declaration of Covenants and Restrictions along with homeowners association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. A site analysis verifying parking requirements for the Earle Brown Farm Apartments shall be submitted prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2003 -016 shall not be issued until the final plat comprehended under this application has been approved by the City Council and filed with Hennepin County. 8 -14 -03 Page 7 Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 2003 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. 2003 -016 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT, INC.) Chair Willson introduced Application No. 2003 -016, a request from Peter B. Myers, on behalf of Norse Management, Inc. for Site and Building Plan approval for a 21 unit townhome complex with a common area on a 2.33 acre site proposed for creation under companion Application No. 2003 -015. The site is located on the south side of 69 Avenue North, westerly of Humboldt Avenue and is zoned R -5 (Multiple Family Residence). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -14 -03 for Application No. 2003 -016 and the Director of Public Works' memo dated 8- 12 -03, attached.) The Chair called for further discussion or questions from the Commissioners The Commissioners interposed no objection to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -016 — PETER B. MYERS, ON BEHALF OF NORSE MANAGEMENT INC. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the City Council that it approve Application No. 2003 -016, submitted by Peter B. Myers, on behalf of Norse Management, Inc., for Site and Building Plan approval for a 21 unit townhome complex with a common area on a 2.33 acre site proposed for creation under Planning Commission Application No. 2003 -015, subject to the following recommendations: 1. The building plans are subject to review and approval of the Building Official with 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 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 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8 -14 -03 Page 8 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 8. All driveways in this complex shall be either blacktop or concrete in accordance with the requirements of the City's Zoning Ordinance. 9. B -612 curb and gutter shall be provided around all driving and parking areas except where the City Engineer may approve surmountable curb immediately in front of the townhome units. 10. The building elevations shall reflect the exterior materials to be used in this development. 11. The homeowner's association documents proposed for this townhome complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 12. Building permits for construction of townhomes will not be issued until the plat comprehended under Planning Commission Application No. 2003 -015 has been given final approval by the City Council and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its May 12, 2003 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 The City- County Credit Union is in the process of acquiring the building at 6160 Summit Drive and part of that plan includes a need to put up a drive thru canopy for the banking facility. In the past, other facilities that have put in a similar canopy, have not needed to go through a formal site and building plan process for approval of such a proposal. Mr. Mod Fedders representing the architect, Buetow & Associates, explained that this site would be the City - County Credit Union's main headquarters. He further described their proposal for the canopy, which would serve as the drive up facility for the banking operation and showed a 8 -14 -03 Page 9 plan and graphics related to their proposal. Mr. Warren noted that parking, setback and other ordinance considerations will be met. It was the consensus of the Planning Commission that no formal application for site and building plan approval is necessary for the canopy at 6160 Summit Drive. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:01 P.M. 7 z� Chair Recorded and transcribed by: Rebecca Crass 8 -14 -03 Page 10