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HomeMy WebLinkAbout1999 02-25 PCM Amended 3 -12 -99 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 MEETING FEBRUARY 25, 1999 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, City Engineer Scott Brink, and Planning Commission Recording Secretary Mary Mullen. OATH OF OFFICE Mr. Warren administered oath of office to John E. Whitehead, appointed to the Planning Commission for a term that will expire on December 31, 1999. Mr. Warren noted that with the appointment of Mr. Whitehead, the Planning Commission is now at full membership. APPROVAL OF MINUTES - January 28, 1999 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the minutes of the January 28, 1999 meeting as submitted. Commissioner Newman abstained. The motion passed. I 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. 99001 (TALISMAN BROOKDALE, LLC) Chair Willson introduced Application No. 99001, a request submitted by Talisman Brookdale LLC for zoning approval for expansion and redevelopment of the Brookdale Shopping Center. Mr. Warren presented the staff report and used overhead transparencies to show the location of the property and describe the proposed site plan submitted by the applicant. (See attached Planning Commission Application Information Sheet dated 2 -25 -99 for Application No. 99001.) 2 -25 -99 1 The plan proposed by Talisman Brookdale LLC calls for the demolition and reconfiguration of the main level at the west end of Brookdale Shopping Center as well as a 2nd floor addition above the main level which extends somewhat over the parking lot. The proposed 2nd floor addition will accommodate a 20- screen theater complex while the main floor reconfiguration would include a large food court and retail spaces. The proposal also includes a 13,000 square foot addition at the north end of Brookdale Shopping Center adjacent to Dayton's to include 2 potential restaurant locations, and a 13,000 square foot addition at the southeast corner adjacent to Dayton's to include retail space. The proposal also includes the demolition of the JC Penney Auto Center and the addition of five retail and restaurant out buildings. The applicant is seeking immediate approval for an Applebee's Restaurant on one of the outbuilding sites. The proposed plans for the remaining four outbuildings require conceptual approval only and building elevations, exteriors and actual details must be submitted to the Commission by the applicant before final approval is granted. The plan includes a number of requests for special consideration which are modifications of existing City ordinance requirements which are necessary to facilitate the proposed development of the shopping center. These requests include greenstrip modifications, setback modifications, parking formula considerations, parking standard deviations and sign ordinance modifications. i Mr. Warren stressed the importance of the Commission's consideration of the entire area as Brookdale, although all square footage is not under the same roof, as all the outbuildings involved will impact the gross leasable footage and parking formulas. He stated that Pam Maki and Glenn Van Wormer from Short Elliott Hendrickson (SEH) were available to answer questions regarding the traffic study completed by their firm. He added that a resolution for the Commission's consideration would be presented and a public hearing was scheduled. Chair Willson called for questions on the application from the Commissioners. Commissioner Boeck requested clarification of several points presented by Mr. Warren in the staff report, expressing his belief that several requests included in the proposal are not required. He stated the Commission must maintain Brookdale as a viable commercial center while at the same time preventing its degradation. He agreed that additional signage on Highway 100 is a necessary marketing ploy. Commissioner Boeck asked whether the setback modification of 5 feet for greenstrip areas applies to buildings as well as pavement, particularly along County Road 10. Mr. Warren clarified that the requested modification was for a 5 ft. greenstrip setback in certain locations and a 35 ft. building setback for one building on Xerxes and one on County Road 10. Commissioner Boeck expressed his concern that the appeal of County Road 10 as a wide boulevard would be lost if buildings were built closer to the road. 2 -25 -99 2 Commissioner Boeck asked whether it will be necessary to grant the parking aisle size modifications for the shopping center to accommodate all retailers. He asked whether the fact that some tenants own their property will affect the Planned Unit Development. Mr. Warren stated the application involves multiple ownership as many of the shopping center's retailers, including Sear's Penney's, Dayton's and Mervyn's are separately owned. Commissioner Boeck asked whether the City ordinance for Planned Unit Development requires single ownership. Mr. Warren stated the ordinance requires unified ownership and common agreements have already been established for Brookdale. He noted other owners have been notified of the proposal. Commissioner Boeck asked whether the other owners must be part of the agreement. Mr. Warren stated he was unsure and the issue would be clarified by the City Attorney. He added that Talisman has negotiated with other owners and apparently obtained their approval. Commissioner Newman requested clarification with regard to the 5 foot greenstrip variance. Mr. Warren stated the area in question is along a portion of Xerxes Avenue and a portion of County Road 10. A 15 foot wide green area is required by City ordinance. He added the applicant is requesting a 5 foot greenstrip area to accommodate necessary parking, and the variance does not affect current right -of -ways. Commissioner Rahn asked whether a location had been determined for the transit hub. Mr. Warren stated a transit hub is not part of the current proposal by the applicant, although there is ongoing discussion with regard to possible transit hub location around the area. In response to a question by Commissioner Reem, Commissioner Boeck stated the applicant is suggesting a retaining wall could be constructed along the boulevard which would not permit much planting, adding this will be a concern for City Engineers when addressing snow removal issues. Commissioner Boeck asked for clarification with regard to the allowance of 20% of gross leasable space due to mixed or shared uses. Mr. Warren stated there are various uses on the proposed site: restaurants, retail, theaters, and each has separate parking requirements. He added restaurant parking formulas are based on seats and employees regardless of square footage which is usually a higher requirement than retail space. He stated that the addition of a restaurant into an already established shopping center generally requires more parking to be added above and beyond the normal retail parking formula. The ordinance currently allows up to 15 percent of the retail space in a commercial center to be used for restaurant without any additional parking. The modification requested would allow up to 20 percent without requiring additional parking. Commissioner Reem asked whether the issue of Extended Stay was a Planned Unit Development. Mr. Warren confirmed this, stating the underlying zone of Planned Unit Development for extended stay was the industrial park zone where fast food and gas stations were not permitted. He added the shopping center is zoned C -2 and fast food is allowed. He suggested that fast food restrictions would not be appropriate for the food court or perimeter areas of the shopping center as they provide draws to the area. 2 -25 -99 3 Commissioner Boeck asked whether the parking stall width proposed complies with current City requirements. Mr. Warren stated the parking space width allowable is 8 feet 8 inches which is what the applicant shows on the plan.. Mr. Brink stated the proposed aisle width is acceptable. Commissioner Boeck asked for clarification with regard to the applicant's request concerning occupancy and the Building Code requirement with regard to tenant mix (Item 11, Talisman Brookdale LLC Application No. 99001). Mr. Warren stated the PUD is concerned with zoning issues. This particular item involves the building code and is not a PUD item. The Building Official is reviewing the matter and will need to make a determination based on the Building Code. Commissioner Boeck asked whether the transit hub could be located in the southwest corner of the property near Sear's. Mr. Warren stated he believes that area is currently used as service parking for the automotive center, but could be used for general parking. He added that parking area will be attractive for theater patrons. Commissioner Boeck asked whether the approval of new traffic signals at 56th Street and Xerxes Avenue would be included in the resolution. Mr. Warren stated that could be added as an additional item. Chair Willson invited Glenn Van Wormer (SEH) to address the Commission and answer questions with regard to the traffic study. Mr. Van Wormer stated the Commission had received draft copies of the traffic report, the final draft of which was presented to the City Engineer that day. He added that the analysis of traffic patterns is an important aspect of the redevelopment of the shopping center. Commissioner Erdmann stated the traffic study references a recommendation of concrete islands installed on outer ends of the traffic rows. He asked whether other regional malls have installed such islands and whether they are effective in delineating parking areas. Mr. Van Wormer stated some malls install concrete islands on some corners and every other parking aisle, adding the purpose is to provide delineation for the drive aisle and provide parking guidance for parkers. He stated these islands are very helpful in winter. Mr. Warren stated there is some delineation at the Northway Drive entrance to the shopping center which was added since Brookdale was built, but there is little delineation throughout the parking lot. He added this aspect is critical to the traffic circulation of the center. Commissioner Erdmann agreed, stating there will also be increased traffic so delineation will be necessary. Commissioner Boeck stated the 63 foot parking aisle was adapted for snow storage and removal, and reducing that to 60 feet will put a burden on the developers to remove snow or reduce the parking space size. Chair Willson stated the traffic study mentions the possibility of a parking deck on the west side of the shopping center and requested clarification. Mr. Van Wormer stated different opportunities to provide parking were discussed in the final traffic study report, adding another possibility is to entice 2 -25 -99 4 theater patrons to use other mall entrances for a more enjoyable, indoor walk. Chair Willson stated theater patrons will probably not use other mall entrances. Commissioner Boeck asked whether there will be concern or objections from other property owners, such as Mervyn's, when theater patrons park on their property. Mr. Warren stated the property owners do not have the right to determine who parks on their property. He added agreements have been established allowing cross access and parking over the entire shopping center. Mr. Warren stated the Commission has reviewed plans in the past where the parking layout is questionable for efficiency. He added there are numerous parking spaces in the shopping center parking lot which will not be in demand but are necessary to meet peak requirements. He stated that current parking seems to be sufficient to meet the demands of the expanded shopping center and parking issues are the concern of the developer. Mr. Van Wormer agreed, stating major retailers ensure they have sufficient parking for their customers. Chair Willson asked whether the City will strongly enforce parking regulations along Xerxes Avenue. Mr. Warren stated that Xerxes Avenue is a state aid street, parking is not allowed and parking restrictions would be enforced. Mr. Brink confirmed there is parking restriction signage along Xerxes Avenue. Mr. Warren stated theater patron parking could pose potential problems for businesses on the other side of Xerxes Avenue. Chair Willson asked for clarification with regard to traffic signal proposals. Mr. Van Wormer stated all 7 outside intersections were studied on weekdays and Saturdays, and service levels determined at each intersection. He added a traffic signal would be necessary at the 55th Street and Xerxes Avenue intersection with the proposed expansion and it is highly likely a signal at 56th and Xerxes will be needed, rather than a four -way stop, to provide for proper traffic flow. Commissioner Boeck stated that the intersection at 55th Street and Xerxes Avenue is the most restrictive area with regard to traffic and stacking. Mr. Van Wormer stated that the addition of a traffic signal will not solve the problem. He added that inbound traffic does not stop at the ring road. Chair Willson asked whether there is enough room for traffic to stack between traffic lights on Xerxes Avenue. Mr. Van Wormer stated there would be some back -up but not enough to cause a problem. Commissioner Boeck stated the 56th Street access supports the idea that an outbuilding should not be permitted just south of 56th Street, and that parking would have to be discontinuous as there is insufficient parking in that area for an outbuilding. He added traffic will be impacted at that access from the mall out to Xerxes Avenue. He suggested the Commission should not allow construction of Building #1 at that location. Mr. Van Wormer stated that the concern at any ring road is that when the intersection is moved farther in and the ring road situated farther out, pedestrians will have to cross the ringroad and walk some distance to reach the mall. 2 -25 -99 5 Commissioner Erdmann expressed concern that this would cause an increased potential for pedestrian conflicts once the bus hub is moved, possibly on the other side of Xerxes Avenue or further away from Brookdale. He added that a sidewalk or pedestrian walkway to prevent pedestrians moving randomly through the parking lot should be considered. Mr. Van Wormer stated the transit hub had been discussed with the Metropolitan Transit Commission, and wherever it is located there will be pedestrian movement. He added an aisle should be defined for pedestrians. Commissioner Erdmann agreed, stating a single path should be defined between the mall and the bus hub. Commissioner Boeck asked whether the bus shelter could be located across from the mall at the northwest corner. Mr. Van Wormer stated many bus passengers might not cross the street to shop at the mall, although he has no data to support that assumption. Commissioner Whitehead left the meeting at 10:00 p.m. PUBLIC HEARING (APPLICATION NO 99001 - TALISMAN BROOKDALE LLCI There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to open the public hearing on Application No. 99001 at 10:16 p.m. The motion passed unanimously. Mr. Larry Radzville, Talisman Corporation, Coral Gables, FL, addressed the Commission regarding traffic issues raised. He stated the delineation of the roadway system currently exists within the shopping center parking lot, and the proposed plan includes sidewalks and an island system which will improve the traffic and pedestrian flow. He added that a series of new light poles along the perimeter road will increase lighting which is currently insufficient. Mr. Radzville stated a parking deck would be an inefficient proposition as it would supply more congestion via internal ramps and helixes and would not be acceptable by today's standards. He added the developer's hope is to encourage theater patrons to use parking areas which are more distant from the theater but near a mall entrance as the mall. He stated the mall owners have made a commitment with its tenants that the mall will remain open until after the last shows are out. John Guckert, The Traffic Group, Towson, MD, presented a site plan exhibit which depicted the basic layout of the property including the parking field and primary entrance to the theater. He stated the theater will have its peak activity at 8:30 - 9:00 p.m. as mall activity begins to wind down. He added that in the evening during peak times, there will be a maximum amount of parking available in close proximity to the theaters, and the developer feels comfortable that there is sufficient parking even at peak. Commissioner Boeck asked how many total seats the theater will have. Mr. Guckert stated there will be 4,200 seats. Mr. Radzville referred to a question which had been raised with regard to shared parking and property owners. He stated that as part of the developer's agreement with mall property owners, 2 -25 -99 6 their approval must be obtained prior to redevelopment. He added that each property owner had been met with and all were in agreement. Mr. Radzville stated, with regard to the bus transit area, a walkway will be provided for pedestrians. He added that the best possible site for the transit station is currently under discussion. Commissioner Boeck asked whether Mr. Radzville preferred to have a bus transit area on site. Mr. Radzille stated it is not preferred due to space constraints. Commissioner Boeck asked whether smaller stops at various locations could be provided for buses to transport people to a remote location. Mr. Radzville stated all possibilities are being discussed. Mr. Warren stated the Metropolitan Transit Commission would like to see regional malls as transit hubs because of traffic levels and desirability of travel across suburbs. He added the issue is whether the hub must be located on Brookdale mall property, while taking into consideration the fact that the mall would benefit from being served by mass transit. Commissioner Erdmann stated the proposed plan does not indicate any additional lighting or changes to lighting around the perimeter. Mr. Radzville stated that the modification of parking space sizes would change lighting needs. Commissioner Erdmann stated the use of concrete islands at the end of parking aisles would help people park properly and keep traffic entering and exiting the ringroad in an orderly manner. Mr. Radzville stated the delineated aisles control traffic and diminish cross -aisle traffic. Commissioner Newman asked whether the developer anticipated any other late night uses of mall property. Mr. Radzville stated the theater will be the last event to take place with the last crew leaving by 1:00 a.m. Commissioner Newman asked for clarification with regard to the type and style of signage to be used along Highway 100. Mr. Radzville stated their company utilizes several types of signs, and the theater sign will be a decorative marquee at the theater entrance without flashing lights. He added that one sign on Highway 100 will be a theater identification LED sign continuously running the features being shown at the theater, and the other will be a regional mall identification sign. John Johannsen, Welsh Companies, Bloomington, MN, spoke in favor of the proposed development by Talisman Brookdale LLC, encouraging the Commission to move ahead with the application. He added that his company has been involved in the redevelopment of 6 strip centers in Brooklyn Center. He expressed his support of signage along Highway 100. Mr. Johannsen stated he is currently involved in the redevelopment of a business on the other side of Xerxes Avenue, and expressed concern that the traffic overflow from the theaters does not spill over into the roads and onto private property. He added the developer should cover all road improvement and traffic light expenses. 2 -25 -99 7 Chair Willson asked how theater patrons will access the theater on the 2nd level. Mr. Radzville stated there will be an elevator, escalator and stairway in the development. Chair Willson asked for a timeline with regard to the redevelopment plans. Mr. Radzville stated the only areas slated for future development are the outbuildings, while development of the west end is slated for fall /winter 2000. He added that work will commence on the interior additions at mall entrances in July 1999, demolition in Fall 1999, and exterior work early in 2000. He stated the areas to be developed near Shingle Creek will require further discussion and study. Chair Willson asked whether further changes would be brought before the Commission for approval. Mr. Warren stated the developers will request approval when plans for the outbuildings are finalized. He added since the Commission has concerns with regard to Building #l, that issue should be given more consideration. Mr. Radzville stated that the required 15 foot greenstrip setback will not allow for sufficient building and parking space. He added the development plan includes a landscape scheme proposing a shrub hedge which would provide a natural, visible barrier and would be attractive and green most of the year. Chair Willson expressed his preference of a wall to handle pedestrian traffic. Commissioner Boeck asked what kind of shrub could be maintained in a 5 foot space. David Tupper, Artech Corporation, stated he is the landscape architect for Talisman Brookdale LLC, and reviewed the proposed landscape plan to include a shrub hedge which would grow to 4 -5 feet in height and would require some trimming as it gets older. He added that fill would be necessary to build the keystone retaining wall, and there is concern over plant loss in that area. Mr. Warren stated a 3 -foot wall would be preferable to attempting to maintain a shrub in a 5 foot area. Commissioner Boeck asked what the grade percentage is from the curb on Xerxes Avenue to the mall property line. Mr. Tupper stated the grade appears to be level to the eye, and is burned slightly near Midas. Mr. Radzville stated the pedestrian walkway would be developed with the City's help to tie in with the pedestrian bridge. Commissioner Erdmann stated the City Engineer had expressed concern with regard to supporting a drain without piling. He asked whether that will be an issue. Todd McCloud, John Oliver Associates, stated he is the project engineer, adding that borings will need to be completed before the design is finalized. Commissioner Erdmann asked where the new pipe will drain water off the site. Mr. McCloud stated that the pipe would run parallel to the creek to the existing manhole which drains under Highway 100. 2 -25 -99 8 Lance Sturges, Talisman Corporation, Coral Gables, FL, stated he believes much progress has been made, and the outbuildings are important to them for financial reasons. He added he believes the project is a quality development and much hard work has been done. He expressed his company's willingness to cooperate with the Commission through receptiveness to its ideas and comments. He expressed the importance of creating an entity which will withstand competition for years to come. Commissioner Boeck expressed his appreciation of the developer's willingness to comply with and work with the Commission, adding that should be the basis of the Commission's approval. CLOSE PUBLIC HEARING (APPLICATION NO. 99001) There was a motion by Commissioner Boeck, seconded by Commissioner Newman to close the public hearing at 10:50 p.m. The motion passed unanimously. Mr. Warren reviewed the proposed Resolution No. 99 -02 which listed the applicants, square footage and additions under the Planned Unit Development. He added the resolution includes plans for the freestanding Building #1 and conceptual approval for other outbuildings as well as improvements at the north entrance site and south entrance site for retail. Mr. Warren reviewed 15 conditions and considerations listed in the resolution, adding that he wished to present 2 additional conditions for the Commission's review. He stated the 16th condition would require that the cost of any additional traffic signals would be the responsibility of the applicant. Mr. Warren stated the 17th condition would require plan modification to show a) a 3 to 3 -1/2 foot decorative masonry wall where greenstrip areas are less than 15 feet; b) the elimination of access from the perimeter road to the parking lot east of Building #3; and c) indication of location and continuance of Shingle Creek Regional Trail through the parking lot. ACTION RECOMMENDING APPROVAL OF RESOLUTION 99 -02 WITH AMENDMENTS There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve Resolution 99 -02 regarding disposition of Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC, with the following changes: Page 1, Item 5, approve the addition of three additional freestanding restaurants and/or retail buildings instead of four. Page 2, Item 3, eliminate 2nd bullet, pertaining to a 35 foot non -major thoroughfare setback, in its entirety. Commissioner Erdmann expressed his support of preserving the allowance of the 35 foot setback which is necessary to make this plan economically feasible as it will accommodate required parking. He added County Road 10 is a wide road due to the electricity pylons in the median, and not for an aesthetic boulevard effect as suggested by Commissioner Boeck. Commissioner Boeck stated the setback allowance should not be based on economics. 2 -25 -99 9 Commissioner Erdmann stated that a lesser setback should be allowed for various reasons, such as the creation of a more pedestrian- friendly streetscape, the Brooklyn Boulevard Studies and the fire station precedent. He added that 50 foot setbacks would not greatly improve the aesthetics of the area. Voting in favor: Commissioners Boeck and Reem. Voting against: Chair Willson, Commissioners Erdmann, Newman, and Rahn. The motion was denied. Commissioner Boeck suggested that the Commission consider the elimination of the proposed development of building pad #1 from the resolution. Chair Willson stated that Item 3 on Page 2 relates to deviations from the City ordinance. Mr. Warren stated that Item 5 on Page 1 also relates to what the applicant has proposed, not what has been approved. Commissioner Newman asked for clarification with regard to the nature of conceptual approval. Mr. Warren stated such approval is in concept only and actual building plans must be submitted to the Commission and Council for final approval before building permits can be obtained. The location and square footage are all that is approved. ACTION RECOMMENDING APPROVAL OF ADDITION OF CONDITION TO RESOLUTION 99 -02 There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann to approve the addition of Condition #16, relating to cost of any additional traffic signals which would be the responsibility of the applicant. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF ADDITION OF CONDITION TO RESOLUTION 99 -02 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the addition of Condition #17A, relating to plan modification to show a 3 to 3 -1/2 foot high decorative masonry wall where greenstrip areas are less than 15 feet. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF ADDITION OF CONDITION TO RESOLUTION 99-02 There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to approve the addition of Condition #1713, relating to the elimination of access from the perimeter road to the parking lot east of Building #3. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF ADDITION OF CONDITION TO RESOLUTION 99 -02 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to approve the addition of Condition #17C, relating to indication of location and continuance of Shingle Creek Regional Trail through the parking lot. The motion passed unanimously. 2 -25 -99 10 ACTION RECOMMENDING APPROVAL OF ADDITION OF CONDITION TO RESOLUTION 99 -02 There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to approve the addition of Condition #17D, relating to the removal of the development of building pad #1. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF RESOLUTION 99 -02 WITH AMENDMENTS There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve Resolution 99 -02, regarding disposition of Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC with amendments approved above. The motion passed unanimously. Mr. Warren stated the application will be forwarded the City Council for consideration at their March 8, 1999 regular meeting. Commissioner Newman asked whether the amended resolution would be included in the minutes. Mr. Warren confirmed the resolution would be amended, submitted for signature by the Chair and presentation to the City Council, and included in the minutes. OTHER BUSINESS Chair Willson noted there was no other business to discuss. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:30 p.m. Chair Recorded and transcribed by: Mary Mullen TimeSaver Off Site Secretarial, Inc. 2 -25 -99 11