Loading...
HomeMy WebLinkAbout1999 04-15 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 MEETING APRIL 15, 1999 CALL TO ORDER The regular meeting of the Planning Commission was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Sean Rahn was absent. APPROVAL OF MINUTES - MARCH 11. 1999 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the March 11, meeting as submitted. The motion passed unanimously with Commissioners Reem and Willson abstaining. 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 99004 - PROGRESSIVE CONSULTING ENGINEERS, INC. Chair Willson introduced Application No. 99004, a request for site and building plan approval for an approximate 1,200 square foot addition to the Target Store at 6100 Shingle Creek Parkway. This application was filed on 04 -01 -99 requiring City Council action by 05 -31 -99 (60 days). Mr. Warren presented the staff report and used transparencies to describe the location of the property, and the site, landscape, and parking plans. (See attached Planning Commission Information Sheet, Application No. 99004 dated 04- 15 -99.) Mr. Warren reviewed the background to the 1985 development of the Target store and attached Shingle Creek Center and subsequent 1988 Target expansion. City approval of the 1988 expansion required Target to execute and file a deed restriction on the use of the expansion for stock or storage space to allow the city to calculate parking based on storage space requirements rather than on retail space. In 1990 the City amended the zoning ordinance by reducing the retail parking formula. 04 -15 -99 1 Application No. 99004 submitted by Progressive Consulting Engineers, Inc. on behalf of Dayton Hudson Corporation, proposes construction of a small addition at the north end of the existing building using the 1988 parking concept and the revised retail parking formula. The plan includes a reconfiguration of the store's interior to increase retail space within the building. The site plan submitted shows the 517 existing parking spaces and provides proof of 63 additional spaces which in total (580) exceeds the required 576 spaces under the applicable parking formula. Subdivision of the Target store and the Shingle Creek Center property in 1985 also resulted in a restrictive covenant ensuring a 60 foot "yard" area, free from building construction, around the buildings. Mr. Warren indicated that this restrictive covenant should be modified by the applicant to reflect the new building configuration, executed by the owners and filed with the property titles. As requested by the staff, the applicant agrees to update the on -site landscaping on the site to meet the required breakdown of landscaping points. Additional coniferous and decorative trees and shrubs will be planted in various places to meet the requirements. The new building will be located between the existing northerly wall and a screen wall. The exterior will be consistent with the current building. A four inch sanitary sewer line will be constructed and connect to an existing private sanitary sewer. Mr. Warren recommended approval of Application No. 99004 by extension of the deed restriction concept, subject to six conditions outlined in the staff report. He indicated the 75'x 80' addition should not create any problems; however, he emphasized that the various declarations and restrictions be modified to reflect the new conditions and filed appropriately for the protection of the city and the property owners involved. Chair Willson called for questions from the Commissioners. Reconfiguration of the stock and storage areas, placement of additional landscaping, and proof of parking were considered. Commissioner Reem suggested and the other Commissioners agreed to add a condition to the application approval regarding landscaping to ensure that the required types of trees and shrubs were in fact planted to bring the property into conformance. It was noted that the City's landscape point system was not in effect at the time of the 1985 development of the property; however, as opportunities arise, the City requires updating of deficient properties to meet the established point system. (Mr. Warren indicated he would distribute a copy of the landscape point system to the Commissioners.) Mr. David Pederson, project architect, DHC Property Development, stated that construction is to begin as soon as possible stating the project is on an aggressive schedule, with opening of the reconfigured store anticipated in March 2000. The company wishes to obtain building permits in the next month or so. Mr. Pederson expressed concern that the conditions requiring execution of the restrictive covenant and the yard limit agreement may impede their schedule. Mr. Warren and the Commissioners strongly emphasized that these documents must be executed and filed prior to issuance of any building permits. Following discussion, the Commissioners interposed no objections to Application No 99004. 04 -15 -99 2 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 99004 - PROGRESSIVE CONSULTING ENGINEERS INC. There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend to the City Council that it approve Application No. 99004, submitted by Progressive Consulting Engineers Inc., for site and building plan approval for an addition to the Target Store, 6100 Shingle Creek Parkway, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. 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. 3. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4. Plan approval is exclusive of all signage which is subject to Chapter 34 of the city ordinances. 5. The applicant shall execute a revised restrictive covenant limiting the use of the existing and proposed stock rooms to warehouse and storage use only. The restrictive covenant shall be reviewed and approved by the City Attorney and be filed with the title to the property at Hennepin County prior to the issuance of building permits for this expansion. 6. The yard limit agreement prohibiting structures within 60 feet of the building shall be revised to reflect the proposed new expansion in a manner acceptable to the City Attorney and be filed with the title to the property at Hennepin County prior to the issuance of building permits. 7. Plan approval includes the landscape plan submitted to ensure the site is brought into conformance with current city requirements for landscaping. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its April 26, 1999 meeting. The applicant must be present. Major changes to the application as reviewed by the Commission requires that the application be returned to the Commission for reconsideration. OTHER BUSINESS For the Commissioners' information, Mr. Warren described a small remodeling project the staff has reviewed for approval for McDonald's restaurant located at 5525 Xerxes Avenue North that includes 04 -15 -99 3 construction of a second drive -up window at that fast food facility. The Commissioners concurred with staff approval of the plans. FUTURE MEETING DATES The next meeting of the Planning Commission is scheduled for Thursday, April 29, 1999. Commissioner Reem advised that she will be absent from that meeting. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:30 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 04 -15 -99 4 Application Filed On 4 -1 -99 City Council Action Should Be Taken By 5 -31 -99 (60 Days) Planning Commission Information Sheet Application No. 99004 Applicant: Progressive Consulting Engineers, Inc. Location: 6100 Shingle Creek Parkway Request: Site and Building Plan The applicant, Progressive Consulting Engineers, Inc. on behalf of Dayton Hudson Corporation, is seeking site and building plan approval for an approximate 1,200 sq. ft. addition to the north side of the Target store building at 6100 Shingle Creek Parkway. The property in question is zoned C -2 (Commerce) and is bounded on the north by Summit Drive, on the east by the Brookview Plaza Shopping Center, on the south by the Shingle Creek Center (which is attached to the Target building) and on the west by Shingle Creek Parkway. Retail uses and accessory uses such as conducted at Target are considered permitted uses in this zoning district. BACKGROUND The development of the Target store and the attached Shingle Creek Center were approved by the City Council in 1985. In 1988 Target proposed and received approval for a 13,650 sq. ft. addition to their building to meet needed space requirements for stock room or storage space. Prior to the expansion in 1988, Target was as large as it could be based on the City's parking requirements at that time. In order to accommodate the needed expansion, Target proposed, as part of their expansion plan, to have a deed restriction on the use of the property to restrict approximately 28,000 sq. ft. which was shown and designated on their building plan as stock room or storage space only. This would allow the City to calculate the stock room or storage space at one parking space for every 800 sq. ft. of gross floor area rather than at the retail parking formula. The City agreed to this consideration and authorized the expansion provided an acceptable Declaration of Restrictive Covenant limiting the use of the building to current and future owners be executed and filed with the title to the property. This condition was met by Target and the expansion was accomplished. In 1990 the City amended the retail parking formula by reducing the parking requirement to 5.5 parking spaces per 1,000 sq. ft. of gross floor area for retail developments. PROPOSAL Target would now like to make a small building addition at the north end of the building and to reconfigure the interior to increase retail space within the building. They wish to do so by utilizing the same concept used in 1988 of allowing parking based on storage space requirement for the stock room/storage space and a retail requirement for the balance of the space adjusted to 4 -15 -99 Page 1 reflect the 1990 retail parking formula revision. The new breakdown would now have 20,516 sq. ft. of stockroom/storage space (as opposed to the approximately 28,000 sq. ft. in 1988) being calculated at one space per 800 sq. ft. of gross floor area and 99,932 sq. ft. of retail or service area calculated at 5.5 parking spaces per 1,000 sq. ft. of gross floor area. This would require a total of 576 parking spaces on their site. The applicant has submitted a survey of the existing property and a site plan showing the proposed addition along with existing parking space (517) and proof of parking spaces (63) totaling 580 parking spaces for the entire site. Their proposal is, therefore, within the parking limits if the deed restriction concept would be extended. Attached is a copy of the current Declaration of Restrictive Covenant which would need to be modified, executed and filed with the title to the property before building permits could be issued for an expansion, if this application is to be approved. Another matter that would need to be addressed is the existence of another restrictive covenant that insures a 60 ft. clear area free from the construction of buildings around the Target store and the Shingle Creek Center. This is a building code requirement that allows unlimited square footage for the buildings. This was necessitated when the property containing the Target store and the Shingle Creek Center was subdivided in 1985 creating a property line separation where the Target store and Shingle Creek Center are attached. This declaration entitled First Amendment to Restrictive Covenant Insuring Compliance with Section 506 (b) of the Uniform Building Code may need to be modified to reflect the new building configuration and be executed and filed with the title to the property also. LANDSCAPING As part of the site plan review process, we have requested the applicant to evaluate and update if necessary the on -site landscaping based on the landscape point system. The site is 9.02 acres in area and requires 582 landscape points. The existing landscaping points on the site amount to 616.5 although the landscaping does not meet the required breakdown. The site is short of coniferous trees and decorative trees as well as shrubs. The applicants have, therefore, proposed to add an additional 74.5 points to the site to bring it in line with the landscape point system utilized by the Planning Commission for making recommendations with respect to landscape plans. Six Black Hills Spruce trees are proposed for the landscape area at the northeast side of the site, adding 48 points of the 74.5 additional required. Nine crabapple trees, or decorative trees are to be added along the greenstrips on Summit Drive (5) and Shingle Creek Parkway (4) accounting for an additional 13.5 points. Twenty -six Dogwood shrubs are also to be added, 13 of which will be located at the northwest corner of the site and 13 in the greenstrip area just northerly of the proposed building addition adding 13 additional points. The landscape proposal is consistent with the point system based on what the applicants are proposing to add. 4 -15 -99 Page 2 BUILDING The proposed building expansion is to have an exterior consistent with the existing building including a rounded corner at the northwest corner of the addition. The building addition will be located between the existing northerly wall and a screen wall utilized as an outdoor cart storage area. The plan also calls for the construction of a four inch sanitary sewer line to within five feet of the new building addition connecting to existing sanitary sewer (private) located in the drive lane adjacent to the store. The existing sanitary sewer connects to city sanitary sewer in Summit Drive. The applicant has also provided a floor plan indicating the stock room or storage areas and the expanded retail areas at the Target store. The stock room or storage space will continue to be along the east side of the building and a smaller stock room to be located along the north side of the building. RECOMMENDATION We are somewhat reluctant to enforce zoning restrictions through the use of restrictive covenants, however, this has been done in the past with the Target store and has not posed any problems either parking wise or expansion wise. We do not anticipate any additional problems if this small addition does take place and the interior is remodeled to expand the retail area within the Target store. It will be, however, necessary that the various declarations and restrictions be modified to reflect the new conditions and be filed with the title to the property. Approval of this application is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. 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. 3. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standafds and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 5. The applicant shall execute a revised restrictive covenant limiting the use of the existing and proposed stock rooms to warehouse use only under current or new ownership. The restrictive covenant shall be reviewed and approved by the City 4 -15 -99 Page 3 Attorney and be filed with the title to the property at Hennepin County prior to the issuance of building permits for this expansion. 6. The yard limit agreement prohibiting structures within 60 ft. of the building shall be revised to reflect the proposed new expansion in a manner acceptable to the City Attorney and be filed with the title to the property at Hennepin County prior to the issuance of building permits. 4 -15 -99 Page 4