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HomeMy WebLinkAbout2011 07-14 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 REGULAR SESSION JULY 14, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Sean Rahn at 7:02 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino was absent and excused. Carlos Morgan was absent and unexcused. APPROVAL OF MINUTES — JUNE 16, 2011 There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to approve the minutes of the June 16, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Sean 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 -015 — SEARS, ROEBUCK AND CO. Chair Rahn introduced Application No. 2011 -015, a request from Sears Roebuck and Co. for a minor amendment to the 1999 Brookdale Mall Planned Unit Development (PUD). Sears is requesting the City consider and approve the similar development standards granted to Gatlin Development Company under the 2011 Shingle Creek Crossing Planned Unit Development (SCC -PUD) applications. Mr. Benetti presented the staff report and commented on the standards memorialized in City Council Resolution 2011 -85 and in the final Declaration of Covenants and Restrictions agreement between the City and Gatlin Development Company. He also pointed out some additional adjustments requested by the applicant that were not approved under the 1999 PUD /Rezoning as follows: • Allow a reduction in the 15 ft. parking setback and 35 ft. building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements to replace the current trail easements. • Allow 10 parking spaces per 1,000 sq. ft. of restaurant area. Allow a 52.5 ft wide parking dimension for 60 degree parking. 7 -14 -11 Page 1 • Allow two Town Center identification signs (one additional) along Bass Lake Road and one additional Town Center identification sign on Xerxes Avenue. • Allow a zero foot (0') lot line setback at the northeast corner of the Sears building and adjacent to the patio /plaza space. Mr. Benetti presented photos to the Commission which demonstrated the layout of the Sears property indicating where trails, landscaping, buffers and parking areas are located. He pointed out that staff has asked Sears to connect the sidewalk along Xerxes to the Regional Trail that will will involve a 15 ft. dedication similar to that granted to Gatlin. By doing so, the city would allow a reduction in the 15 ft. parking setback. Mr. Benetti also stated that the City would allow 10 parking spaces per 1,000 sq. ft. as granted to Gatlin and that the City would prefer that Sears utilize the 56 ft. standard and allow a 52.5 ft. dimension for 60 degree parking provided the applicant provide a viable parking layout as part of a major plan amendment. Mr. Benetti further explained that the city acknowledges this zero line setback could be allowed if proper dedication of right -of -ways and easements are executed. Mr. Benetti further explained that on May 23, 2011 the City Council approved the 2011 Shingle Creek Crossing PUD for the Brookdale properties with the exception of the Sears property and Holiday store, and accepted the modifications and variations to certain zoning standards noted Sears was not art of this 2011 PUD application, and its property is not subject previously. p Pp � p P Y to J the Declarations and Covenants of the Shingle Creek Crossing PUD Agreement. PUBLIC HEARING — APPLICATION NO. 2011-015 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to open the public hearing on Application No. 2011 -015, at p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Tom Radio, representing Sears, stated that his concerns are indicated in his memo and he explained to the Commission requested changes to the proposed Planning Commission Resolution. He described the changes that he requested regarding the city's recommendations. Commissioner Kuykendall asked Staff why the application, if approved, constitutes a major plan amendment rather than a minor amendment. Mr. Benetti explained that based on the requests made by the applicant, the proposed plan is a departure from the zoning standards typically allowed which constitutes a major plan amendment requiring a public hearing. Commissioner Parks asked the applicant what their major concern is regarding the zero line setback. Mr. Radio stated that they are trying to reserve the options available to Sears for future expansion or remodeling. Mr. Benetti explained that Sears currently has a zero lot line setback with the connection to the mall. Mr. Benetti stated that once the mall is demolished, a plan amendment would -be required 7 -14 -11 Page 2 to allow Sears to increase the amount of zero lot line setback along the full- length of the easterly side of their building. Mr. Benetti further stated that once the separation takes place between the Sears and Food Court building, the zero lot line setback is no longer present along the northerly section of the Sears store. He added that the zoning ordinance requires a 10 ft. setback from property lines. Mr. Benetti explained that Sears currently has a zero lot line setback with the connection to the mall. Mr. Benetti stated that once the mall is demolished, a plan amendment would -be required to allow Sears to increase the amount of zero lot line setback along the full- length of the easterly side of their building. Mr. Benetti further stated that once the separation takes place between the Sears and Food Court building, the zero lot line setback is no longer present along the northerly section of the Sears store. He added that the zoning ordinance requires a 10 ft. setback from property lines. Mr. Radio explained that Sears would like to hold on to some flexibility to be able to expand their building to the property line should the need arise. Commissioner Parks asked why Sears is not willing to continue with the trails. Mr. Radio responded that Sears is not willing to pay the cost for construction of the trails. Mr. Eitel stated that staff would prefer to see the dedication of right -of -ways for the trails take place now with this application rather than later to enable the trails to be completed. He added that if Sears were willing to allow the dedication of right -of -ways the City may be able to provide some funding for completion of the trail on the Sears property. Mr. Radio stated that by allowing the right -of -way dedication, which would actually be a conveyance of property, they would hope to be granted reduced setbacks. Mr. Benetti explained that with a right -of -way dedication, the Sear's lot line would change and setbacks would be measured from this readjusted property line. Mr. Radio stated that by allowing the right -of -way dedication, which would actually be a conveyance of property, they would hope to be granted reduced setbacks. Mr. Benetti explained that with a right -of -way dedication, the Sear's lot line would change and setbacks would be measured from this readjusted property line. Chair Rahn asked for clarification regarding the language in the resolution being requested by the applicant. Mr. Eitel explained that the City would like all these matters to be cleared up now by adopting the resolution proposed by staff as part of the development of Shingle Creek Crossing. Mr. Parks asked the applicant how they feel about the current parking on the site. Mr. Radio responded that he has no background information regarding how Sears feels about that and he would need to do some research to respond to the question. Chair Rahn asked Staff how they feel regarding the conditions on the resolution referenced by the City Engineer. Mr. Eitel responded the conditions were added to the resolution at the request 7 -14 -11 Page 3 of the City Engineer. Chair Rahn stated that he thought the Engineer's conditions seems rather excessive. Mark Allen, 6036 Halifax Place, business owner and resident in Brooklyn Center, asked about clarification of the parking standards. He stated that he is in the landscaping and snow removal business and has a concern with smaller parking spaces when it comes time to remove snow since it creates a problem with snow removal and storage on site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -015. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to close the public hearing on Application No. 2011 -015, at 7:59 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. There was further discussion among the Commissioners regarding the application. Commissioner Kuykendall and Morey asked if a recommendation would be made tonight or if the application should be tabled to allow staff adequate time to incorporate changes to the resolution. Mr. Benetti explained that the Commission could make a recommendation tonight following review of the Resolution, or the application could be tabled and brought before the Planning Commission again on July 28, 2011 for review and recommendation. Mr. Radio stated that he is in agreement with the Application being tabled and reviewed at the next meeting. It was the consensus of Staff and the Commission to bring the Application and Resolution for approval before the Commission at the July 28, 2011 meeting. Commissioner Schonning stated that he loves Sears but is disappointed that Sears has not been a better member of the community and not stepped forward to be part of this proposed development. ACTION TO RECOMMEND TABLING OF PLANNING COMMISSION APPLICATION NO. 2011-015 There was a motion by Commissioner Kuykendall, seconded by Commissioner Schonning, to table Planning Commission Application No. 2011 -015. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, Parks, and Schonning. And the following voted against the same: None The motion passed unanimously. The Planning Commission will reconsider this application at its July 28, 2011meeting. 7 -14 -11 Page 4 APPLICATION NO. 2011-016 — LOREN VAN DER SLIK (GATLIN DEVELOPMENT CO) Chair Rahn introduced Application No. 2011 -016, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for PUD Amendment approval to the 2011 Shingle Creek Crossing Planned Unit Development. Mr. Benetti presented the staff report and explained that the proposed amendment consists of the following: • The physical separation of the existing retail mall /food court building from the existing Sears retail store building; • The renovation/conversion of the interior mall (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; • The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD plan; • The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; • The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. Mr. Benetti stated that as part of ongoing negotiations with Sears, Gatlin has submitted this amendment to reflect changes to the approved Shingle Creek Crossing plan, which exceeds the threshold of a minor amendment. He pointed out the changes proposed to the previously approved PUD. Mr. Benetti further stated that following the scheduled public hearing, it is staff s recommendation that this item be tabled until July 28 or August 11, 2011. This will allow for further review by staff with the applicant regarding concerns and issues raised in this report. PUBLIC HEARING — APPLICATION NO. 2011-015 There was a motion by Commissioner Morey, seconded by Commissioner Schonning, to open the public hearing on Application No. 2011 -015, at p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Frank Gatlin, stated that he is happy to be here and is excited to see work on the site. He shared that the latest change to the plan is a result of negotiations with Sears to address the loading docks and other areas. He also shared that he has many potential tenants that are excited to be part of the development. He added that he understands that the application will be tabled and that they will meet back with staff to redefine more of the details taking place on the plans. 7 -14 -11 Page 5 Mr. Gatlin explained that they are dealing with some tenants that will potentially occupy the former Barnes and Noble space and pointed out how they are proposing to allow access and visibility for those tenants in that space. He added that they are leaving the loading dock where it is currently located until they have those tenants locked in. Mr. Gatlin explained the separation being created between Sears and the existing Barnes and Noble building will create a driveway, sidewalk landscaped area that will encourage consumers to arrive to the main entrance of the development while also allowing access to the storefront facing Xerxes Avenue. He stated that they will continue to work with staff on the design of this area since it is an important feature to relieve parking on the Walmart side of the development. Commissioner Kuykendall asked what happened to the trees that were on the previous plan. Mr. Will Matzek stated that they had to realign that side of the building and as tenants are identified, they will take a close look at how the landscaping will be laid out. Mr. Matzek further stated that they reverted back to the existing layout on that side of the site since the loading docks will not be moved and the parking spaces were needed. He added that until tenants are identified, they are not exactly sure how the final layout will be. Chair Rahn stated that he feels the one -way drive between Sears and the existing Barnes and Noble seems awkward. He added that he would prefer to see a two way drive area which would give more flexibility to the area. Councilmember Kleven stated that she would rather see a two way drive area between the buildings. She added that she will access the site off Xerxes Avenue and if the drive area between the buildings were a one way, she would be inclined to go the wrong way down a one way to get to her destination. Commissioner Parks stated that the entrance to Barnes and Noble is a good entrance and whoever occupies that building will have good visibility and should be successful. Mr. Gatlin stated that the location of the entrance will be tenant driven based on who occupies that site and what their preference is. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -015. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to close the public hearing on Application No. 2011 -015, at 9:09 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND TABLING OF PLANNING COMMISSION APPLICATION NO. 2011 -016 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to table Planning Commission Application No. 2011 -016. 7 -14 -11 Page 6 Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, Parks, and Schonning. And the following voted against the same: None The motion passed unanimously. The Planning Commission will consider the application at its July 28, 2011 meeting. OTHER BUSINESS: - Government Training Services (GTS) Event Mr. Benetti informed the Commission of the opportunity to attend a workshop sponsored by the City of Brooklyn Park on July 27, 2011 titled, "Your Role as Planning Commission Member ". He encouraged Commission members to attend and asked the Commission to notify staff by July 15, 2011 if they would like to be registered for the workshop. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Rebecca Crass Recording Secretary 7 -14 -11 Page 7