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HomeMy WebLinkAbout2001 03-15 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 SESSION MARCH 15, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Dianne Reem, Rex Newman, Graydon Boeck, and Stephen Erdmann. Commissioner Sean Rahn was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Commissioner Dianne Reem. APPROVAL OF MINUTES FEBRUARY 15, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the February 15, 2001 meeting as submitted. The motion passed unanimously. Commissioner Reem 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. 2001-004 (BROOKLYN 55, LLC) Chair Willson introduced Application No. 2001 -004, a request from John Johannson on behalf of Brooklyn 55, LLC to seek Preliminary Plat approval to subdivide into three new lots the property at 5445 Xerxes Avenue North, which was formerly owned and occupied by Toys R Us. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 3/15/01 for Application No. 2001 -004 attached.) The proposed plan is to subdivide the property into three lots. Lot 1 of the yet unnamed plat is proposed to be 146,710.9 sq. ft. and contains the old Toys R Us building which is to be occupied by K & G apparel in the near future. The other two lots are to be northerly of Lot 1 and adjacent to Brooklyn Boulevard. Lot 2 is proposed to be 32,561.9 sq. ft. Lot 3 is located at the corner of Brooklyn Boulevard and 55" Avenue and is proposed to be 35,719.9 sq. ft. The applicant has indicated the possible development of a combined convenience food restaurant on Lot 2 and a gas station convenience store on Lot 3. Staff recommends approval subject to six conditions. 03 -15 -01 Page 1 Chair Willson asked about the ownership of the property at the corner of Xerxes Avenue and 55`" Avenue, adjacent to the plat. Mr. Warren responded that is the location of the Firestone Tire Store. Chair Willson asked if access to the sites from 55` Avenue is the same arrangement as the access north of 55`" Avenue and that this is not a public street. Mr. Warren responded this also is a private road and the landowners are responsible for its maintenance. He stated the adjoining properties would share in the maintenance of the access. He noted the two new lots would share in that. Mr. Warren recommended that there be a new sixth condition requiring a deed restriction limiting the use of the mezzanine area to non - retail uses and filed with the property records in a manner consistent with the approval of the City Attorney. Commissioner Boeck asked how Lot 2 or 3 were going to be served by public utilities. He stated he did not see them on the plat. He noted the preliminary plat should show all the existing utilities. Mr. Warren responded he believed the utilities are in Brooklyn Boulevard. He showed the location of the water on the plat, but did note that not all utilities are shown on the preliminary plat. Commissioner Boeck stated he is concerned about the third point made by the City Engineer in his report. He noted there were comments that might require changes to the plat. He asked how far they should go from the preliminary plat to the final plat. Mr. Warren responded there might be a need to modify the property line somewhat depending on the final site plans submitted. He stated these lots would meet the minimum requirements. He noted what would control this is the parking. He noted the City Engineer is questioning whether the granting of improvements would fit on the land. The City Engineer is cautioning that a different plan may require the need to modify the lot lines. Commissioner Boeck stated the Commission does not care what is put on the property at this stage. Mr. Warren responded they wanted to at least show when the property is divided that they would have enough parking for the buildings proposed. He explained the developer would at least have an idea that what he is proposing would be feasible. Commissioner Reem asked if the restriction on the mezzanine should be a condition for the future. Mr. Warren recommended as a sixth condition there be a deed restriction limiting the use of mezzanine to storage or non - retail use and it be filed with the final plat. Commissioner Boeck asked if there was an alternative. Mr. Warren responded the alternative would be to tear the mezzanine out or add parking. He stated they would have to have proof of parking to be able to use the mezzanine for retail. He noted Toys R Us was built at a time when parking was more restrictive. He added parking was not an issue because there was much more land than needed. He stated the City has reduced their parking requirement from that used in 1988. 03 -15 -01 Page 2 The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -004 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -004, at 8:03 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Greg Kopischke, of Westwood Professional Services, stated he represents Mr. Johannson. He noted they would like to keep the mezzanine and accept the restrictions on the building. He added that if they decide to use it later they would provide additional parking. He stated they do understand the utilities need to be confirmed. Chair Willson stated there also needs to be adjustment of easements. Mr. Kopischke responded they could take care of that with the final plat. Chair Willson asked if there was a deed restriction on the plat and if the owner wished to add parking to eliminate the restriction, would they need to come back before the Commission? Mr. Warren responded in the affirmative. Mr. Kopiscke stated K & G might have their own plans, but he believes they will leave the building pretty much as is. Mr. Warren stated he is expecting to see something in the next month to come before the Commission for site and building plan approval on the proposed Lots 2 and 3. He stated K & G is a go from what he understands. He noted they could get a building permit without this plat being filed. He added the purpose of the plat is for subsequent development. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing on Application 2001 -004, 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 APPROVE OF APPLICATION NO. 2001-004 (BROOKLYN 55, LLC) There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 2001 -004, submitted by John Johannson on behalf of Brooklyn 55, LLC for Preliminary Plat approval to subdivide into three 03 -15 -01 Page 3 new lots the property at 5445 Xerxes Avenue North, which was formerly owned and occupied by Toys R Us, subject to the following conditions: 1. 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. A revised storm and sanitary sewer easement in accordance with the recommendations of the City engineer shall be provided over the proposed Lot 1 to protect existing utilities. 4. Cross access, parking and utility agreements both existing and proposed shall be provided over the plat in a manner approved by the City Attorney. 5. The plat shall receive final approval by the City Council and be filed with Hennepin County prior to issuance of any building permits for development of the proposed Lots 2 or 3. 6. A deed restriction limiting the use of the mezzanine to storage or non - retail uses as drafted by the City Attorney shall be filed with the final plat. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its March 26, 2001 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 stated that at the study meeting on the 29'' of March he would like to review a PUD for development of the property at the southeast corner of T. H. 252 and 66" Avenue. He added it has to do with the property the city owns, formerly the Atkins Mechanical Property. He stated the proposal is to combine that area into 21 lots. He noted the plan is for single - family detached townhome lots. He added the density is less than townhouse density. He stated he should point out the parties have entered into a preliminary development agreement with the City. He added there are projects in Brooklyn Park and Maple Grove that are comparable. Mr. Warren explained he had given approval for the Spiritual Life Church to put up a garage without bringing it before the Planning Commission. He stated the garage is a storage building for the church. He noted that other churches have done this and there are no parking or location issues. He stated there are no drainage issues either. He added they have issued that permit since it is consistent with what has been done in the past. 03 -15 -01 Page 4 There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:17 p.m. _ f� Chair Recorded and transcribed by: Nancy Czajkowski, TimeSaver Off Site Secretarial, Inc. 03 -15 -01 Page 5