Loading...
HomeMy WebLinkAbout1999 11-10 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 NOVEMBER 10, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 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, and Planning Commission Recording Secretary Carla Wirth. Absent was Commissioner Sean Rahn. APPROVAL OF MINUTES - OCTOBER 28, 1999 There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to approve the minutes of the October 28, 1999 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 99010 - WICKES FURNITURE COMPANY, INC. Chair Willson introduced Application No. 99010, a request submitted for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. The applicant, Mr. Frank Wega, on behalf of Wickes Furniture Company, Inc., is seeking a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11 -10 -99 for Application No. 99010 attached.) He advised the property in question is zoned I -2 (General Industry) and reviewed the neighboring property uses. Mr. Warren reviewed the previous consideration and approval for a request for site and building plan approval to construct an approximate 203,000 sq. ft. wholesale furniture distribution center for Wickes on an approximate 12 acre portion of the old Joslyn Pole Yard. Subsequently the owner of the property submitted a replatting application (Application No. 99007) to combine and subdivide the Joslyn Pole Yard property, the Davies Water Company site, and an off site accessory parking lot for the Northwest Athletic Club into three lots and an outlot. The proposed Lot 1 of that plat is the 11 -10 -99 1 site for the Wickes Distribution Center which is under construction and should be completed for occupancy in the near future. Mr. Warren presented a site plan depicting the approximate location of the property lines and advised that this wholesale furniture distribution center is a permitted used in this I -2 zoning district. The applicant is now seeking authorization to allow retail sales at that site per Section 35 -331, Subdivision 3b, of the City ordinances. That provision allows, as a special use, "retail sales of products manufactured, processed or wholesaled at the use site." Mr. Warren reviewed the letters provided by the applicant explaining their proposal and addressing the standards for special use permits as contained in Section 35 -220 of the City ordinances. Mr. Warren displayed a floor plan showing the interior layout of the 203,000 sq. ft. Wickes Distribution Center. He pointed out the location of the area they would propose to display clearance items. He then presented the standards for special use permits and reviewed the specifics brought forward in Mr. Wega's second letter indicating how they believe their proposal will meet these standards. Mr. Warren stated staff believes the standards for special use permits can be met given the information provided as long as the retail sales activity is directed towards customers and employees who are already on the site. Staff sees no adverse impacts with respect to this proposal. He noted that Wickes will be entitled to have sales and advertising for sales subject to the administrative land use permit process which limits such sales and advertising to two times in a calendar year, not to exceed ten consecutive days per event. Mr. Warren advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99010, subject to additional conditions 1 -5 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Upon inquiry, Mr. Warren identified the location of the building office and customer pick -up doors. PUBLIC HEARING - APPLICATION NO. 99010 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 99010, at 7:46 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Paul Hyde, owner of the building, thanked the Planning Commission for this consideration. He explained the building currently operates as a distribution center and as part of that some furniture can become broken or damaged so they would like the option to be able to offer that merchandise for sale. He advised this will be a small component for this facility. 11 -10 -99 2 Commissioner Reem asked if the public can stop in to view the clearance merchandise. Mr. Hyde stated they could but the only way they would know of the merchandise is if they have been in the building previously for a customer pick -up. He stated he does not believe damaged merchandise would be available for purchase at all times. Commissioner Erdmann asked if it was envisioned that this special use would be in lieu of using the administrative use permit to have sales several times a year. Mr. Hyde stated this is correct since it is not foreknown when damaged merchandise would be available. It was explained that they anticipate the merchandise being sold over the year rather than stockpiling the merchandise for a sale. Mr. Warren stated it was discussed that this type of activity, on a limited basis, could occur as an accessory use to the current business and businesses such as this are entitled to have sales for up to ten days with an administrative permit. However, staff felt it would be more appropriate to acknowledged the activity as a special use. Commissioner Boeck asked if each of the retail locations also have a similar "scratch and dent" merchandise room. Frank Wega, Director of Facility Operations for Wickes Furniture, advised that all of the Wickes stores sell a certain amount of clearance items and accessories. However, most of the newer stores are smaller and have limited space so they do not warehouse goods, they only display goods. Commissioner Newman asked if the clearance area is carpeted or decorated differently. Mr. Wega explained they usually group the items and stanchion them off so they are isolated next to the customer lounge. Mark Austin, 4801 Twin Lake Avenue, noted that Wickes is allowed to have a sale two times per year anyway and asked how the public would learn of the damaged merchandise if it is only sold to employees or customers coming into the warehouse without public announcement. Mr. Wega stated a business can have damaged merchandise that they do not want to store for a long period of time. He stated he views this as a benefit to their employees and customers. He noted that if they sell damaged merchandise throughout the year, it would lessen the impact of holding a warehouse sale. With regard to the customer lounge, he explained it allows a place for the customer to sit while their furniture is being pulled from inventory. Commissioner Boeck asked how many people would be in the lounge at one time. Mr. Wega stated there are very few pickups during the day and at least 50% of the pickups occur during the evening hours or weekends. He estimated ten to fifteen customers in the lounge at any one time. Penny Brown, owner of the Azelia apartment building directly south of Wickes, explained that some residents have been talking about the level of traffic using Azelia Avenue. She noted that if a truck were to turn over and block the intersection, it would cut off their access. Ms. Brown stated that 11 -10 -99 3 other industrial parks have their own streets to provide direct access without the use of a residential street. Commissioner Erdmann noted there is another access off Indiana Avenue to Highway 100. An audience member advised that Mn/DOT plans to close that access in the future when Highway 100 expands. No other persons from the public appeared before the Commission during the public hearing on Application No. 99010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the public hearing on Application No. 99010 at 8:00 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. Commissioner Reem asked if there is any obligation to provide another access should the one to Highway 100 be closed. Mr. Warren stated he sees no problem with the access as currently provided and noted the possibility of extending Azelia Avenue across the railroad tracks to tie into France Avenue at 50th Avenue. He stated that possibility is being addressed by Mn/DOT. Commissioner Newman asked if the special use permit should include any language limiting the square footage. Mr. Warren discouraged identifying a specific square footage since it is impossible to enforce. He stated that should the sale of damaged goods increase greatly to the point it would change the character of the use, another application would be required. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99010 - WICKES FURNITURE COMPANY. INC. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99010, submitted by Wickes Furniture Company, Inc., for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North, subject to the following conditions: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35 -331, Subdivision 3b of the City ordinances. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11 -10 -99 4 3. The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's zoning ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 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 99011 - RSP ARCHITECTS (ON BEHALF OF RED KING) Chair Willson introduced Application No. 99011, a request submitted for site and building plan approval and a special use permit for the last building at the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11 -10 -99 for Application No. 99011 attached.) He advised of the zoning of the property and surrounding uses and reviewed the past approval of the site and building plan for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. Mr. Warren explained that full site and building plan approval was granted for the Cub Foods store, while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building, were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. Mr. Warren presented the site plan showing the location and configuration of the various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as "Fast Food" with square footage of 3,314 sq. ft., slightly less than that 11 -10 -99 5 approved as a footprint for this building. He noted this proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. Mr. Warren advised of amenities the facility will include and exterior building treatment which conforms to the design criteria established for this development. He noted the exterior screening features and insulated finish system. Mr. Warren advised that the building elevation shows a Burger King sign affixed to the top of this structure. However, it has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. All signery must be in compliance with the City's sign ordinance (Chapter 34). Mr. Warren noted the standards for special use permits and reviewed the letter submitted by the applicant explaining their proposal and addressing the standards for special use permits contained in Section 35 -220 of the City ordinances. Mr. Warren stated staff concurs with their comments and believe that this proposal meets the standards for special use permits contained in the City's zoning ordinance. He advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99011, subject to additional conditions 1 -6 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck asked if it has been suggested where directional signage to the drive -up window will be located. Lynn Martinson, RSP Architects and project manager, identified the location of the drive thru directional signs and exit signs. Commissioner Boeck asked if part of the adjacent property will be used to accommodate traffic flow via cross agreements and if the Planning Commission needs to be concerned with leases and traffic access. Mr. Warren stated there are no cross access agreements since this has been combined into one parcel of land. He advised the intersection and turn lanes are designed as requested by the County. Commissioner Boeck asked if the depth of the parking stalls and traffic lanes abide by Code requirements. Mr. Warren answered affirmatively and explained how the building was shifted slightly. Commissioner Erdmann asked if the applicant is requesting roof signage or free - standing signage. Mr. Warren stated that will be left up to the applicant but the signage will need to abide by Code. He reviewed the number of signs that this combined site is allowed (three free - standing signs). 11 -10 -99 6 PUBLIC HEARING - APPLICATION NO. 99011 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to open the public hearing on Application No. 99011, at 8:30 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Commissioner Reem expressed concern about the potential for the old Burger King site to deteriorate and asked if there is a buyer for the old Burger King. Jim Reddin, representing Burger King, stated the building is owned by Burger King, Inc. and has not yet been sold. He assured the Planning Commission that the building and landscaping will be maintained. No other persons from the public appeared before the Commission during the public hearing on Application No. 99011. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application No. 99011 at 8:32 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. 99011 - RSP ARCHITECTS (ON BEHALF OF RED KING) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99011, submitted by RSP Architects on behalf of Red King, for site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment, 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. 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 permits to assure the completion of all site improvements related to the construction of this convenience food restaurant. 11 -10 -99 7 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 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. OTHER BUSINESS Mr. Warren reviewed the discussion held at the last meeting regarding reorganization of the commercial zoning classifications and the request of Commissioner Reem to review the recommendations of the Brooklyn Boulevard Redevelopment Study. He stated this information is now being provided for the Commission's review. Mr. Warren announced the next meeting is scheduled for Thursday, December 2, 1999. He asked Commissioners whose terms will be expiring to let him know if they are interested in being reappointed. Commissioners Erdmann, Newman, and Whitehead indicated their continued interest. There was no other business. 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 8:41 p.m. 21 Chair Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. 11 -10 -99 8