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HomeMy WebLinkAbout1999 08-12 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 AUGUST 12, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, and Dianne Reem were present. Also present were City Manager Michael McCauley, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Community Development Director Brad Hoffman, and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner John Whitehead entered the meeting at 7:40 p.m. Commissioner Sean Rahn was absent. Commissioner Reem departed the meeting at 9:30 p.m. APPROVAL OF MINUTES - JULY 15, 1999 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the July 15, 1999 meeting as submitted. The motion passed unanimously. Commissioner Boeck abstained. 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. 99007 - TWIN LAKES II. LLC Chair Willson introduced Application No. 99007, a request submitted by Twin Lakes II, LLC (Paul Hyde) for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot with different boundaries and configuration to be known as the Joslyn Addition. This application was filed on 07- 22 -99, requiring Council action by 09 -20 -99 (60 days). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property along with an up -dated plat of the three new lots and the outlot. (See Planning Commission Information Sheet dated 08 -12 -99 for Application No. 99007 attached.) Proposed Lot 1 is the Wickes Furniture Distribution Center currently under construction (11.7106 acres). Proposed Lot 2 is a site for future development and contains a driveway easement to provide access from the Wickes site to Azelia Avenue right -of -way (4.5503 acres). Proposed Lot 3 includes the easterly portion of the Joslyn site along with the Davies water site and the existing Northwest Athletic Club 08 -12 -99 1 parking lot (14.1318 acres). Proposed Outlot A is 11.1 acres, located between the Wickes site and Twin Lake, and is primarily wetland and floodway and will be retained by the Joslyn Manufacturing Company. The outlot is unbuildable and will remain that way. This plat includes dedication of the westerly half of France Avenue and area for the extension of Azelia Avenue. The city engineer is reviewing the applicant's request for vacation of a drainage and utility easement on Lot 2. The city engineer is also recommending a modification to the plat to require additional right -of -way along Lakebreeze Avenue for street and sidewalk and possibly additional right -of -way on Azelia. Mr. Warren noted that the updated preliminary plat presented at this meeting includes the cul -de -sac termination of Azelia Avenue. He described other issues related to Azelia Avenue, and the turn- arounds required for Lakeview and Twin Lake Avenues, to allow for proper maintenance. Mr. Warren reviewed Planning Commission Application No. 86003, approved by the Council in February 1986, for a special use permit providing off -site accessory parking for the Northwest Athletic Club on a portion of proposed Lot 3. A restrictive covenant encumbers 104 parking spaces for the Club to accommodate its building size and activities on the site. Although the applicant's future plans may alter the location of the parking, the covenant, filed with the title to the property, must continue. A public hearing on this Application, properly noticed, is scheduled at this meeting. Subject to some modifications as noted, Mr. Warren recommended approval of Application No. 99007, subject to additional conditions 1 -5 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck inquired about the easements required for sidewalks, streets, and turnarounds. Mr. Warren noted the City Engineer is on vacation, therefore his review of the application is not yet complete. Commissioner Boeck suggested that right -of -way easement for the possible extension of Azelia Avenue be included with this application. Mr. Warren indicated that the details regarding extension of Azelia Avenue through the site is a matter to be negotiated between the applicant/property owner and the MN department of transportation (MnDOT). Mr. Warren further noted that the City does not favor the extension of Azelia Avenue through the property except if it is part of the Highway 100 upgrading by MnDOT. It appears that project will require France Avenue to be cut off at the Soo Line tracks necessitating a need to make another roadway connection through this property. If this is the case, Azelia seems to be the logical location. Otherwise the City would not recommend an extension of Azelia beyond the cul -de -sac. PUBLIC HEARING - APPLICATION NO. 99007 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 99007, at 7:59 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. 08 -12 -99 2 Mr. Paul Hyde, Golden Valley, thanked the staff and commission for its assistance in development of this difficult property. He reported that although MnDot surveyor crews have been on the property, there has been no communication with MnDot for several months regarding the Azelia extension. Mr. Hyde supported the City's view of trying to keep traffic on Azelia to a minimum. Mr. Mark Kemper, land surveyor from New Brighton working on this project, introduced himself. Commissioner Boeck inquired about the plans for Lot 2. Mr. Hyde indicated that like all of the other lots in this plat, except for Outlot A, his group has a 99 year ground lease from Joslyn, which keeps Joslyn responsible for the on -going and future clean up of the land. He noted that remedial equipment for the pollution cleanup is still located on the proposed Lot 2 and will continue to be there. It will be the last lot developed. Twin Lakes II, LLC intends to redevelop Lot 3 and will honor the 104 space parking covenant required for the Athletic Club. Parking on that Lot for the Club will remain closest to the Club facility. The Davis water building will be demolished at the time Lot 3 is developed. Commissioner Reem asked about the retention ponds on the property. Mr. Hyde stated the retention pond on Lot 1, just north of the Wickes site, remains, and when further development occurs on the property, additional ponds may be provided for. No other persons from the public appeared before the Commission during the public hearing on Application No. 99007. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application 99007 at 8:08 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. 99007 - PRELIMINARY PLAT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99007, submitted by Twin Lakes II, LLC, for preliminary plat approval to subdivide three existing parcels of land into three new lots and an outlot, to be known as the Joslyn Addition, located east of Twin Lake and southwest of the Soo Line Railroad, subject to the following conditions: I. 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 preliminary plat shall be modified prior to consideration by the City Council to indicate the following: 08 -12 -99 3 a. Additional right -of -way from Lakebreeze Avenue and possibly Azelia Avenue as required by the City Engineer. b. A cul -de -sac at the north end of Azelia Avenue. C. Additional roadway dedication to provide for a hammerhead turn around at the north end of Twin Lake and Lakeview Avenues as required by the City Engineer. 4. Approval of the preliminary plat acknowledges the need to continue the Declaration of Covenants and Restrictions authorized by the City Council under Planning Commission Application No. 86003 encumbering 104 parking spaces on the proposed Lot 3 for the sole use of the athletic club on the south side of Lakebreeze Avenue. Any modifications to the covenant are subject to the review and approval of the City Attorney. 5. Approval of the preliminary plat acknowledges the proposed driveway easement providing access from Lot 1 over Lot 2 to the extended Azelia Avenue right -of -way as being appropriate to provide access in lieu of frontage on a public street. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 23, 1999 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. 99008 - BROOKDALE CORNER. LLC Chair Willson introduced Application No. 99008, submitted by Brookdale Corner, LLC, for site and building plan approval of two of the three remaining buildings at the Brookdale Corner redevelopment site located at the southwest corner of Xerxes Avenue North and County Rd.. 10. This Application was filed on 07- 26 -99, requiring Council action by 09 -24 -99 (60 days). Mr. Warren presented the staff report using overhead transparencies to show the location of the site and the building elevations. (See Planning Commission Information Sheet dated 08 -12 -99 for Application No. 99008 attached.) Mr. Warren noted that prior approval granted under Application No. 99002 for the redevelopment included full site and building plan approval for the Cub Foods store. At this time, as required full approval is now requested by the Applicant for construction of two additional buildings, labeled "Retail A" (14,550 sq. ft.) located parallel with and north of the Hirschfield's site, and Retail B" (10,500 sq. ft.) located close to the corner of Xerxes and County Road 10. Mr. Warren described the exterior treatment and colors of the buildings, each of which will have two tower type structures. The applicant intends to re -do the exterior of the existing buildings ( Hirschfield's and the office 08 -12 -99 4 building) to be compatible with the new buildings to the extent possible. Structural and cost factors may not allow an exactly similar exterior treatment on these buildings. Mr. Warren explained that review of the proposed fast food building, the fourth new building on the site, will come before the Commission when the applicant has finalized the tenant and building design. Staff review of the application shows the plans in order, therefore Mr. Warren recommended approval subject to conditions 1 - 3 outlined in the staff report. The applicant was unable to attend this meeting, however, a representative of the architectural firm is available to answer questions. Chair Willson called for questions /discussion from the Commissioners. Mr. Warren clarified questions regarding setbacks and other issues previously considered and approved under Application No. 99002. Ms. Kathy Anderson, KKE Architects, Inc. explained that the buildings are designed for tenant flexibility and indicated that she thought both buildings are nearly 100% leased. It was noted that the City is considering leasing space for a liquor store in one of the buildings. The Chair called for additional discussion/questions from the Commissioners. The Commissioners interposed no objections to approval of Application No. 99008. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99008 - BROOKDALE CORNER, LLC There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 99008, submitted by Brookdale Corner, LLC, for site and building plan approval for Buildings A and B, located at the southwest corner of Xerxes Avenue and County Road 10, to be constructed on the Brookdale Corner redevelopment site, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 3. Plan approval is deferred for the building labeled "fast food" until such time as a tenant is proposed and the building design is finalized. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. 08 -12 -99 5 The Council will consider the recommendation at its August 23, 1999 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. Opening of the Cub Food Store is expected in December 1999 and will coincide with the closing of Jerry's SuperValu across County Road 10 from the Cub location. The other buildings are expected to be completed in February 2000. DISCUSSION ITEMS COMMERCIAL ZONING REORGANIZATION Mr. Warren directed the Commissioners attention to his memorandum dated August 9. Several discussion items are outlined in the memorandum including the possibility of reorganizing the City's commercial zoning districts. At its July 12,1999 meeting, the City Council referred this matter to the Planning Commission to outline and identify current uses and recommend reorganization to the four suggested zones and bring its recommendations for ordinance changes to the Council in approximately 5 or 6 months. Staff discussion resulted in a suggestion to develop 4 commercial zones (business districts) to include: 1. Central; 2. Neighborhood; 3. Highway/Industrial; 4. Brooklyn Boulevard. The staff suggestion is outlined in the July 1, 1999 memorandum to City Manager McCauley from Anne Finn, Administrative Specialist, and is attached to Mr. Warren's memorandum to the commissioners. Mr. McCauley explained the concerns of the Council regarding some commercial uses and their impact on neighboring residential areas. He discussed issues related to the current zoning ordinances that often preclude denial of applications. A goal of reorganization is to reduce conditional use permits and include current conditional uses in new ordinances. Mr. McCauley provided a time line and methodology framework for completion of this project. He suggested that after Planning Commission study and review over the next several months, a joint meeting with the Council be scheduled in January 2000 to discuss a recommendation. This would then be followed by staff development of the technical language. Public input on draft ordinances would be an important part of the commercial zoning reorganization efforts. The Commissioners participated in a discussion of the proposal with Messrs. McCauley and Warren, and acknowledged their role in reviewing this issue and preparing a recommendation. BROOKDALE CENTER PUD AMENDMENT Mr. Warren reviewed an amendment to the Brookdale Center PUD previously approved. It is proposed that the freestanding Applebee's restaurant be shifted approximately 150 ft. to the south so that it would be located on Brookdale Center property rather than on the Mervyn's property as shown on drawings provided by Brookdale Center. No other changes to the PUD are proposed for amendment. Mr. Warren reviewed the process for amending a PUD noting that City Council may determine whether an amendment is considered major or minor. Staff believes this small relocation of 08 -12 -99 6 Applebee's to be a minor amendment to the PUD and therefore recommends that the Planning Commission concur and waive the formal amendment process requiring notice and hearing procedures. ' In response to Commissioner Reem 's question, Mr. Warren stated that an MTC bus hub will not be located on the Brookdale property, however, bus access to the shopping center will be available. Following brief discussion, there was a motion by Commissioner Boeck, seconded by Commissioner Whitehead to recommend to the Council that it consider as a minor amendment to the Brookdale Center PUD the shifting of the location of the Applebee's restaurant building approximately 150 feet to the south, and approve the amendment, and waive the formal PUD amendment process requiring notice and hearing procedures. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 23 meeting and exercise its right to declare the amendment either major or minor and take action accordingly. JEHOVAH JIREH CHURCH - GARAGE ADDITION Mr. Warren described the plans for construction of a small accessory building, a 20' x 24' garage on the property of the Jehovah Jireh Church, located at 6120 Xerxes Avenue North. The garage which would have a residential type door will be used to house the church's van and yard maintenance equipment. Mr. Warren recommended that this project be approved under building permit procedures rather than requiring a formal site and building plan application from the church. Following brief discussion, there was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to waive the formal site and building plan application requirements for construction of a 20' x 24' garage on the Jehovah Jireh Church property, and recommend approval under building permit procedures noting the addition of the garage is a minor matter. Voting for: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. FUTURE MEETING DATES The Commissioners unanimously agreed to cancel the August 26, 1999 meeting due to vacation schedules. Therefore, the next meeting of the Planning Commission will be on Thursday, September 16, 1999. ADJOURNMENT 08 -12 -99 7 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:32 p.m. / '?'�,!t Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. I I 08 -12 -99 8