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HomeMy WebLinkAbout2001 05-17 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 MAY 17, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Graydon Boeck at 7:30 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Commissioners John Whitehead, Rex Newman, and Stephen Erdmann. Chair Tim Willson, Commissioners Dianne Reem and Sean Rahn were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES APRIL 12, 2001 There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to approve the minutes of the April 12, 2001 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tem Boeck 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 -009 (BKV GROUP) AND NO. 2001 -010 (Loucks Associates) Chair Pro Tem Boeck introduced Application No. 2001 -009, a request from BKV Group Architects on behalf of Christensen Corporation, to seek Rezoning, Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of a 45,029 square foot, four building, mixed use commercial/retail development on a 5.6 acre site located at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard. 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 5/17/01 for Application No. 2001 -009 attached.) The property in question is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels or portions of parcels zoned R -1 (One Family Residence) plus vacated June Avenue right of way lying between 60 and 70 Avenues North. This property was formerly occupied by single family homes and various commercial establishments that have all been acquired by the City over the past six or seven years for the purpose of redeveloping this area. The land is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70 Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 69 and 70 Avenue. Staff recommends approval subject to seventeen conditions. 05 -17 -01 Page 1 Chair Pro Tern Boeck stated they have proposed island plantings throughout the complex. He cautioned the applicant that the sight distance is very important. He added they need to ensure that the greenery does not obstruct the sight lines internally to the site as well as externally. Mr. Warren presented the second staff report for companion Application No. 2001 -010 and used overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/17/01 for Application No. 2001 -0 10 attached.) The applicant, Loucks Associates on behalf of Christensen Corporation, is seeking preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into four lots for the propose of constructing a four- building, 45,029 square foot mixed use commercial /retail complex. Commissioner Newman asked about the additional expansion of Brooklyn Boulevard in the future. Mr. Warren responded the county took all their right of way from the east side rather than taking equal amounts on each side. He stated Brooklyn Boulevard would probably be widened in other sections. He noted the last time it was widened occurred over 30 years ago. He added the city would like to see the northwest area of Brooklyn Boulevard redeveloped as well Commissioner Erdmann asked if the 29,000 square foot building would be built at the same time as the others were built. Mr. Warren responded this applicant is building two of the buildings. He stated McDonald's and BP are going to obtain their own building permits. He was not certain of the timing of the building construction. Commissioner Newman asked about the concept corners. Mr. Warren responded that the plans were being reviewed by Hennepin County and the city. He stated both of these entities have a big concern for visibility at these intersections. He noted the city had received a grant for landscaping along Brooklyn Boulevard. He added he does not think site visibility would be a problem, but it would be looked at. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -009 AND APPLICATION 2001 -010 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -009 and Application No. 2001 -010 at 9:14 p.m. The motion passed unanimously. Chair Pro Tern Boeck called for comments from the public. Mr. James Carlson, 3609 Violet North, a member of the Northwest Neighborhood Advisory Group, stated he did not get an opportunity to do a great deal of study on this matter. He noted his concern that this was the busiest intersection in Brooklyn Center. He added he is greatly concerned that the intersection could not handle the traffic from this center. He stated that at certain times of the day no one would be able to get out of there and turn left. He noted it should be dealt with. He added that after looking at Village North he has seen a lot of small businesses that have closed. He stated he hopes that someone is paying attention to the types of buildings that are going in there. He noted traffic is increasing exponentially. 05 -17 -01 Page 2 Mr. Greg McGeary, 3007 Thurber Road, a member of the Northwest Neighborhood Advisory Group, stated he concurs with Mr. Carlson. He noted this is going to be a boondoggle. He asked if there was a traffic study done. Chair Pro Tem Boeck responded he is not aware of any studies. He stated the Commission assumes the county would have a traffic analysis made. He noted he is aware of the analysis done as part of the Brooklyn Boulevard project. He added he is sure the traffic was considered. He noted traffic is always a concern, but they cannot leave the property without a use. He did not believe traffic would be an issue. Mr. McGeary asked if they could request a traffic study be done. Chair Pro Tem Boeck responded he thought that is reasonable. Mr. McGeary asked if there was an adequate storm sewer pipe going to Palmer Lake. Chair Pro Tem Boeck responded the uses of property are considered in the sizing of the pipe. Mr. Warren responded the detention pond in Palmer Lake was recently completed and is a regional facility. He explained the St. Alphonsus project was done before the regional facility was installed, therefore, they were required to build their own pond. He commented that the proposed uses would not necessarily add new traffic to this area. The traffic is already there. The developers are trying to capture or attract the existing traffic. He noted a traffic analysis was done a few years ago anticipating such a development. Mr. McGeary asked if test wells were dug where the former gas station was. Mr. Warren responded there has been a phase one environmental study done. Mr. Ron Christenson stated he was here to answer questions on the part of the developer. Commissioner Erdmann asked about the construction timeline of the various buildings. Mr. Christenson responded the idea is that the two commercial /retail buildings would be built concurrently. He stated the current draft of the development agreement requires the two buildings to be under way before BP or McDonald's could start their projects. He noted they would like to start in June of this year. Commissioner Newman asked about signage. Mr. Gary Vogel, BKV Group architects, responded they were looking at a tower element with the name of the center. He stated signage for each tenant would be above the storefronts. He noted McDonald's arches would be on their roof. He added a comprehensive sign plan had not gone through yet. Chair Pro Tem Boeck asked about the freestanding sign. Mr. Vogel responded it would be restricted to the name of center in the corner. He stated in the middle of the center there would be a 15 x 20 -foot sign facing north and south. He noted this sign would have the names of the tenants. Commissioner Newman asked about the difficulty in clearing snow from the east lot. Mr. Vogel responded the roadway is 26 feet wide. Commissioner Whitehead asked if any businesses had extended hours. Mr. John Cosmis responded that BP (Britain Petroleum) has purchased Amoco. He stated they would like to be open 24 hours unless restricted by the city. He noted this would be a new development concept, 05 -17 -01 Page 3 more like Superamerica. He added they would be offering more amenities and in doing so they would look at extended hours. He noted Minneapolis is one of first cities to have their new concept in 2002. He added the building has a different look. He described the building. Chair Pro Tem Boeck asked if there has been agreement on the exterior of the buildings. Mr. Warren responded the developers have had discussions with BP and McDonald's to blend their buildings with the two buildings done by developer. Mr. Vogel stated they would more likely have a dozen tenants. Commissioner Whitehead asked about inside walkways. Mr. Christenson responded there would be no interior walks. He stated all access would be from the outside individually. Mr. Warren stated there are no restrictions of hours for gas stations in City Ordinances. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -009 and Application No. 2001 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2001 -090 and on Application 2001 -010, at 9:50 p.m. The motion passed unanimously. The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. Chair Pro Tem Boeck questioned finding one in the proposed resolution. Mr. Warren responded this finding is saying that this proposal meets Section 35 -355 of the City Ordinances regarding Planned Unit Development proposals. Chair Pro Tem Boeck asked about the fence. Mr. Warren responded it would be an eight -foot, maintenance free fence designed to be compatible with the screening already existing along the 69 Avenue right of way. Chair Pro Tem Boeck stated "PUD" should be inserted in Condition 17 of the resolution. Mr. Warren concurred. Chair Pro Tem Boeck stated there should be a new cndition 18 stating the PUD approval includes granting a special use permit for BP Amoco convenience store and McDonald's restaurant. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001-009 (BKV GROUP) Commissioner Erdmann introduced the following resolution and moved its adoption: "Planning Commission Resolution No. 2001 -02, Resolution regarding the recommended disposition of Planning Commission Application No. 2001 -009 submitted by BKV Group." The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Newman and upon vote being taken thereon, the following voted in favor thereof. Chair Pro Tem Boeck, 05 -17 -01 Page 4 Commissioners Erdmann, Newman and Whitehead, and the following voted against the same: None; whereupon said resolution as declared duly passed and adopted. Resolution 2001 -02 is made a part of these minutes by attachment. The Council will consider the recommendation at its May 29, 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 -010 (LOUCKS ASSOCIATES) There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2001 -010, submitted by Loucks Associates for preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into four lots for the purpose of constructing a four - building, 45,029 square feet, mixed use commercial /retail complex, subject to the following seven 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. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001 -009. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 -foot wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The storm water retention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Voting in favor: Chair Pro Tem Boeck, Commissioners Erdmann, Newman, and Whitehead. The motion passed. The Council will consider the recommendation at its May 29, 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 Chair Pro Tem Boeck called for a recess at 10:12 p.m. and reconvened the session at 10:22 p.m. 05 -17 -01 Page 5 APPLICATION NO. 2001 -011 (GPD ASSOCIATES) Chair Pro Tem Boeck introduced Application No. 2001 -011, a request from GPD Associates on behalf of Tricon Global Restaurants to seek Site and Building Plan approval and a special use permit to construct a 3,142 square feet combined Kentucky Fried Chicken (KFC) and A & W restaurant on the lot to be created immediately north of the old Toys R Us building which is being converted to a K & G apparel store. 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 5/17/01 for Application No. 2001 -011 attached.) The property is zoned C -2 (Commerce) and is being created through the plat submitted by Brooklyn 55, LLC under Planning Commission Application No. 2001 -004. This preliminary plat was approved by the City Council on March 26, 2001. The final plat has yet to be approved. The size of the proposed site is to be .75 acres and is located between the K & G site and another lot north of this one which, is being created for the development of a gasoline /convenience store. Convenience food restaurants such as this are special uses in the C -2 zoning district. Staff recommends approval subject to fourteen conditions. Commissioner Newman stated there are a lot of small open questions. He asked if the 14 points listed were adequate to cover contingencies. Mr. Warren responded in the affirmative. He stated all of these have been reviewed with the applicant. He stated the City Engineer is comfortable with what he has seen to this point. The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -011 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2001 -011, at 10:49 p.m. The motion passed unanimously. Chair Pro Tem Boeck called for comments from the public. Ms. Donna Ziska, 5455 Brooklyn Boulevard, stated she has objections to a gasoline station in this area. She noted there are gas stations and convenience stores every ten blocks. She added the city previously tried to get rid of them and now they are putting them back. She stated there is an ugly face on the front of the building facing her home. She noted it is one of the ugliest things she has ever seen. She added she has no objections to the restaurant. She stated she would like a pretty design and no checkerboards. She noted she is concerned all those little stores are going to be empty. Mr. Stan Katanic, GPD Associates, stated he is a civil engineer. He noted Mr. Johannson, owner of the property, is in charge of the truck turning radius for K & G. He added Mr. Johannson has assured them that they could bring a truck into the building. He stated that if they need to they would shorten the landscape bed. He noted the development agreement states the property owner would bring the water and sanitary sewer down to a specified point. He added the lights would be shielded by a fixture so the light would stay on the property. 05 -17 -01 Page 6 Commissioner Erdmann asked if the grinning face would stay on the building. Mr. Katanic responded it is their logo. Commissioner Whitehead asked where the picture would be seen. Mr. Katanic responded there would be one on the south side and one on the west of the building. He noted they are going for a new prototype design. Commissioner Whitehead asked if there was any other way to do it. Mr. Katanic responded all the new KFC's would have this look. He stated it is a new corporate logo and trademark and that they would be within the limits allowed by the sign odinance. Mr. Warren stated that he did not believe the City had the ability to prohibit that type of sign as long s it met the size requirements allowed b the ordinances. He added if the City to regulates g q Y Y 1� a logo, there might be free speech issues raised as a challenge. He stated the purpose of a sign ordinance is not necessarily to regulate good taste and expression. He noted it is not obscene or dangerous. He added he did not believe the City could regulate good taste. Mr. Katanic stated they would work with Mr. Warren regarding signery and have already done SO. Commissioner Newman asked about the special use with leased property. Mr. Warren responded the special use becomes a property right. He stated if KFC and A &W moved out, a new convenience food restaurant would not have to go back through the Commission unless it modified or changed the building. He noted the special use permit would continue to be operational. Commissioner Newman stated he finds the appearance somewhat garish. He noted it seems out of character for the Boulevard. He added the A &W design is bothering him and seems almost signage. Mr. Warren responded it could be seen as an architectural treatment. He added even if it were classified as a sign, it probably would meet the 15% wall area standard allowed by ordinance. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to close the public hearing on Application 2001 -011, at 11:10 p.m. The motion passed unanimously. The Chair Pro Tern 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. 2001 -011 (GPD ASSOCIATES) There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2001 -011, submitted by GPD Associates on behalf of Tricon Global Restaurants for site and building plan approval and a 05 -17 -01 Page 7 special use permit to construct a 3,142 square foot combined KFC and A & W restaurant on the lot to be crated immediately north of the old Toys R Us building, which is being converted to a K & G apparel store, 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. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12. The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehend by the Zoning Ordinance shall require an amendment to this special use permit. 14. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. 05 -17 -01 Page 8 Voting in favor: Chair Pro Tem Boeck, Commissioners Erdmann, Newman, and Whitehead. The motion passed. The Council will consider the recommendation at its May 29, 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 next meeting is a study session, but he would like to put two applications on the agenda. There was no other business. ADJOURNMENT There was a motion by Commissioner Whitehead, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:14 p.m. Chair Recorded and transcribed by: Nancy Czajkowski Timesaver Off Site Secretarial, Inc. 05 -17 -01 Page 9