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HomeMy WebLinkAbout2001 05-31 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 31, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Boeck at 7:29 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Commissioners John Whitehead, Dianne Reem, and Rex Newman. Chair Tim Willson, Stephen Erdmann, 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 MAY 17, 2001 Commissioner Newman requested the deletion of the names of the persons not present at the meeting from the list of those voting in favor of the action on Page 9. There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the May 17, 2001 meeting as amended. The motion passed. (Commissioner Reem abstained). 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 -012 (OPUS NORTHWEST, LLC) Chair Pro Tem Boeck introduced Application No. 2001 -012, a request from Opus Northwest, LLC, on behalf of Twin Lakes III, LLC (Paul Hyde) to seek Site and Building Plan approval for the third phase of the redevelopment of the old Joslyn pole yard site and surrounding property to the south. 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 5/31/01 for Application No. 2001 -012 attached.) The property in question is zoned I -2 (General Industry) and is legally described as Lot 2, Block 1, Joslyn Second Addition. This property was recently created through a plat which combined a portion of the old Joslyn pole yard, the Dale Tile site, an off site parking lot for the Northwest Racquet Club, and a portion of the old Davies Water Company property. The applicant proposes in this third, and final, phase to construct a 109,000 square foot speculative office /industrial building on this 8.7 -acre site. The proposed use is a permitted use in the I -2 zoning district. Staff recommends approval subject to 15 conditions. 5 -31 -01 Page 1 Mr. Warren noted the receipt of a letter from the MPCA stating the Phase III soil management plan is approved and that the construction details are consistent with the MPCA's approval of the response action plan. Commissioner Reem asked if parking would be affected if the tenant needs outside trash and screening. Mr. Warren responded parking should not be affected since there are other locations on the site where parking could be added. Commissioner Reem asked if they should add anything to proposed Condition 16 about the trash. Mr. Warren responded Condition 4 states it shall be appropriately screened from view. He stated as long as the proof of parking agreement is in effect there should not be a problem. He noted in order to enforce it, the city would need to give notice and time to accomplish the change. He added there is additional room and staff does not think they will have to use the 104 parking spaces. Mayor Pro Tem Boeck stated it is the applicant's responsibility to maintain the parking. Mr. Warren responded that in this situation the area is already blacktopped so it would be easier to add parking spaces if and when they might be needed. Mayor Pro Tem Boeck asked about proposed Condition 15 regarding the relocation of the driveway and whether there was a possibility for an alternative in order to maintain the integrity of the layout. He stated the cost could be borne by the applicant. Mr. Warren responded other options might work also. He stated the City Engineer thought it might be difficult to access and service the manhole. He noted they are open to suggestions by the developer. He added if the easement area is moved or the lift station modified it would be at the applicant's expense. Chair Pro Tem stated this matter does not require a public hearing. He noted he was aware that some persons present did have remarks regarding this site and the proposed building. He stated they should come forward and state their name and address. He added the Commission appreciates any remarks made. Mr. Bob Hill, 4701 Twin Lake Avenue, stated he is in favor of this development but he has a lot of issues with it. He noted one basic issue is with the overall design and how it has been pushed down the citizens' throats. He asked if they normally grant parking space deviations. Chair Pro Tem Boeck responded that parking requirements will be met in that there is space on the site to accommodate required parking. It just would not be installed at this time. Such arrangements have been used by the City in the past. Mr. Hill asked if a traffic study had been done and asked how this is going to work with regard to the relationship of the neighborhood and the France Avenue traffic. Chair Pro Tem responded he was not aware of a traffic study or if one is scheduled. He stated this location would contribute the least amount of traffic of any businesses in that area. He noted the building to the west might contribute some traffic. Mr. Warren stated that SEH had done a traffic analysis as part of their recommendations for T. H. 100 alternatives for France Avenue. He added they were aware of these proposed buildings and had taken into consideration the traffic that would be generated in this area. 5 -31 -01 Page 2 Mr. Hill asked if this facility would have a restriction for no unattached trailers. Chair Pro Tem Boeck responded there would be none unless allowed under the city ordinance. He stated Wickes was handled as a special situation because of residential abutment with the property. Mr. Warren noted that since this property does not abut a residential property at a property line or street line, the ordinance does not require screening of outside storage. Mr. Hill asked why they screen trash, but not a junkyard for Toro. Mr. Warren responded the ordinance requires screening of trash containers. He stated screening of outside storage areas in this case is not required. The proposed storage is not junk or discarded material, but rather product. Storing of refuse, garbage, junk vehicles, etc. is prohibited by city ordinances. Mr. Hill stated the street in front of the entrances has an extreme amount of ponding and standing water. Chair Pro Tem Boeck stated it would be reconstructed as part of the France Avenue Highway 100 interchange improvement project. Mr. Hill stated they are creating a sea of asphalt and are putting the water all in a pond. He asked where the pond would go. Chair Pro Tem Boeck responded it is a detention pond to get rid of floatables. He stated it is part of an environmental program. He stated all sites that are developed now are required to have a detention pond. He noted that eventually the water goes into Twin Lake. Mr. Hill asked if the water goes through the Superfund site. Chair Pro Tem Boeck responded the water would drain through a conduit to Twin Lake. Mr. Warren stated some of the water would flow over land on the south side of the Wickes building to a wetland area that is not de- listed on the west side. He added this plan has been reviewed by Minnesota Pollution Control Agency and Shingle Creek Watershed Commission and they have found it to be acceptable. He noted it is consistent with these approvals and the applicable laws. Mr. Hill stated retention ponds are designed to overflow. Chair Pro Tem Boeck responded they are not designed to overflow. He stated they are designed with at least two feet of freeboard. Mr. Hill stated the location of the building eliminates all the possible alternatives for France Avenue. Chair Pro Tem Boeck responded that is not a consideration for this body. He stated that is the city council's consideration. He noted the Commission only has the site plan for consideration this evening. Mr. Hill stated this body is responsible for planning and zoning. Chair Pro Tem Boeck responded they do not make final judgments on highway and reconstruction plans for MnDOT. Mr. Warren stated the plans approved by the City Council include the Azelia Avenue to 50 Avenue connection with an at -grade railroad crossing which will be under construction probably next year. He noted that plans for the frontage road along Highway 100 are not being pursued. 5 -31 -01 Page 3 Mr. Hill stated he is concerned about boat and trailer parking. He noted additional parking is need for the boat launch facility. Chair Pro Tem Boeck responded this is private property. He stated the owners would have to approve parking for boats and trailers. Mr. Hill asked if they could request signs. Chair Pro Tem Boeck responded they could ask the developer about it. Mr. Joe Mann, 5415 East Twin Lake Boulevard asked for clarification on the plans for France Avenue. Chair Pro Tem Boeck responded that is the route the city council and MnDOT have agreed upon as of this date. He stated this building does not encroach on the right of way of the existing France Avenue. He noted the site plan and plat previously approved accommodates and does not take any right of way from France Avenue. Ms. Diane Niesen, 5107 East Twin Lake Boulevard, stated she appreciates the opportunity to speak tonight to give comments and input. She noted they all have to live with what is decided. She added their concern is that this land is so different. She added the westerly portion of the Joslyn site is not totally de- listed from the Superfund List. She stated the Superfund area was supposed to be fenced. She noted that did not occur to keep people off of that contaminated area. She added she is concerned about whether the overall development is protective of them. She stated the Commissioners need to do their jobs. She noted she is concerned that the plan for the roads that the City Council is pursuing could prevent a road that is needed. Chair Pro Tem Boeck stated all the Planning Commission is considering this evening is approval of a site plan request for an industrial building. He noted they are not considering the reroute of France Avenue or Azelia. He added that is a matter for the City Council. Ms. Niesen stated the residents have looked at this site and where the water goes when it rains. She asked if the Commissioners have walked the site and looked at it when it rains. She noted they are trying to be protective of human health. She added she is concerned if something happens and the road does not go through that then this plan would hamper their access to Highway 100. She stated the plan is not final yet. She noted they should put this plan on hold. Chair Pro Tem Boeck stated they could not deny this request based on a future decision placed on that road. Mr. Warren stated this site has access to a public street and a plan for rerouting traffic is in place. This site plan complies with that plan. He noted if that roadway does not go through then some other alternative would have to be found if access was determined to be necessary. He added there is no moratorium on building development in this area. He stated there is no reason why the City should deny the site plan proposed. Mr. Mac Hyde stated he is one of the partners involved in this project, which has spanned a number of years. He noted this is a third and final phase. He added they take properties that are abandoned and have environmental issues, make certain they comply with PCA requirements and then develop them. He stated this property would be put back to use as an employer. He noted he would work with city staff to follow carefully the city ordinances. He added they look to be a productive member of the community. He stated they intend to be a property owner in Brooklyn Center for many years to come. 5 -31 -01 Page 4 Commissioner Reem asked about Toro and the possibility of rusty trucks being a code enforcement issue. Mr. Warren responded inoperable, unlicensed vehicles are not allowed to be stored. He stated they could have trailers stored on an industrial site. He noted a trailer could not be used as an outside storage unit. He added the reason for the conditions on the Wickes site was that it abutted residential property. Chair Pro Tern Boeck asked how much detail the developers had on the lift station before they made these plans. Mr. Leith Dumas, 161 Timber Island Trail, Maple Plain, stated he was the engineer on the project. He noted the only part of the lift station that the site interferes with is an access manhole in the middle of the driveway. He added their plan is to adjust the height of the manhole, put a cover on it, and leave it in the driveway. He stated they do have alternative accesses if a truck accessing the manhole temporarily blocks this driveway. Commissioner Newman stated Condition 14 relating to the PCA letter should be deleted. Chair Pro Tern Boeck concurred. 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 APPROVE APPLICATION NO 2001 -012 (OPUS NORTHWEST, LLC) There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2001 -012, submitted by Opus Northwest, LLC, on behalf of Twin Lakes III, LLC (Paul Hyde) for site and building plan approval for the third phase of the redevelopment of the old Joslyn pole yard site and surrounding property to the south, 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, and utility 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 completion of site improvements. 4. Any outside trash disposal facilities and rooftop and 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 landscape areas to facilitate site maintenance. 5 -31 -01 Page 5 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 with the exception of where surmountable curb is provided for handicap accessibility. Curb and gutter shall be indicated on the plan as tying into existing curb and gutter to the west, along the north curb line. 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. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The plan shall be modified to relocate the easterly access in accordance with the recommendation of the City of Engineer. 15. The applicant shall enter into a proof of parking agreement with the City acknowledging the need for 104 additional parking spaces on the site and that they will install said parking upon a determination by the City that any or all parking spaces are required. Said proof of parking agreement shall be filed with the title to the property prior to the issuance of building permits. Voting in favor: Chair Pro Tern Boeck, Commissioners Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its June 11, 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. APPLICATION NO. 2001 -013 (AMERICAN LEGION POST 630) Chair Pro Tem Boeck introduced Application No. 2001 -013, a request from Steven A. Wacha, on behalf of Duoos Brothers American Legion Post 630 to seek site and building plan approval and a special use permit to make modifications to and to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club. 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 5/31/01 for 5 -31 -01 Page 6 Application No. 2001 -013 attached) Duoos Brothers American Legion Post 630 was formerly located at 4307 70 Avenue North. This property was acquired by the City of Brooklyn Center EDA as part of the 69 and Brooklyn Boulevard redevelopment project, which was approved. As a result, the Legion was forced to relocate. They have reached agreement to acquire the former Burger King site and are now seeking a special use permit to occupy that building and site and building plan approval to make various modifications for the purpose of operating the American Legion Club at this location. Their plans are to modify the building by eliminating the drive up window and canopy formerly used by Burger King plus making some exterior modifications to the building. Staff recommends approval subject to seven conditions. Commissioner Reem asked if the trees along the wall that are dying out would be addressed. Mr. Warren responded in the affirmative. 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 -013 There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -013, at 9:22 p.m. The motion passed unanimously. Chair Pro Tem Boeck called for comments from the public. Ms. Bobbie Simons, owner of 6109, 6111 and 6113 Beard Avenue North, stated she told Mr. Warren what her concerns were. She noted they have tenants living in their building. She added over the years they have had to contend with smelling the Burger King and the Vietnamese restaurant. She stated that within a few years they are going to have a restaurant. She noted it is unfair to people who live behind this site to smell this business. She added they have had to contend with people with boom boxes. She stated they are concerned about listening to the tanked up old folks coming out late at night. She asked if there would be loud music. Chair Pro Tem Boeck stated there is nothing in this request for any of the things that Ms. Simons is apparently concerned about. He noted there is nothing here for a restaurant. Ms. Simons stated she does not like the plan for this location because of the noise associated with the operation. She noted right next to her building is a four -plex and a townhouse building. She added they did not need the noise from an American Legion or VFW club. She stated she thinks they could put something else on the site that does not create such a big disturbance. Chair Pro Tem Boeck stated this building has extremely limited uses. Ms. Simons asked where the overflow parking is going to go. Chair Pro Tem Boeck responded they have a declining membership. Mr. Simons stated that if the Commission approves this application, she would start a class action suit against the city. Mr. Warren stated use of the kitchen, although not comprehended at this time, would be part of this application because it was previously allowed. He noted if the Commission wants to 5 -31 -01 Page 7 separate out use of the kitchen, they would need to state that specifically. He added it is a common part of an American Legion club to have a restaurant. He stated Burger King was already a restaurant. He noted if the Commission specifically wants the kitchen use to come back for a special use permit, than they should indicate that. Commissioner Whitehead asked if the main concern was possible odors. Ms. Simons stated the odors were a concern and so were the loud mouths and loud music. Mr. Warren stated a special use permit is not granted to violate any noise or odor regulations. He noted the city does not have regulations with respect to odor. He added Hennepin County might cover that under it's licensing. He stated that perhaps these comments should be directed to the Public Health Department of Hennepin County. He noted the special use permit does not authorize them to disturb the peace or violate noise ordinances. He added the things the American Legion plans to do would comply with all of the regulations. He stated there would need to be a special use permit granted for live entertainment, like a band. He noted there is a slim chance such a permit would be denied. He added if the Legion Club is creating a nuisance by an activity, then they would be subject to the same nuisance ordinances as anyone else. An unidentified gentleman, who gave his address as 3312 Lawrence Road, spoke in favor of the Legion Club proposal. He stated as citizens, we need to support those common men and women who did uncommon things. He noted that if they have asked to place a small building in my neighborhood, then he stands behind them. Ms. Joyce Wood, 6117 Beard Avenue, stated she is directly behind this site. She noted something has to go in there. She added the noise and smell was unbearable. She added the upper right corner that abuts her property has been a back door to Burger King for years. She stated they fixed the fence and the Burger King patrons knocked it down. She noted the block fence is going to fall down. She added it needs repair and painting. She stated the fence on the doctor's side is chain link and the red strips falling out looks very bad. She noted she thinks there could be worse uses than an American Legion Club. She added having fun makes a lot of noise. She stated there used to be a lot of burning of rubber and noise when the Burger King was there. Mr. Warren stated that it appears the chain link fence is on the clinic's property to the north. He noted that in terms of closing the opening in the fence, the Commission might want to recommend that the American Legion take care of it. Ms. Simons stated the blocked wall was sprayed several years ago. She noted the whole wall needs to be painted on their side since it looks very bad. Mr. Steve Wacha, 5724 Girard Avenue North, stated he is the Commander of the American Legion Post. He thanked everyone for his or her comments. He noted he thinks they would be better neighbors than the Burger King. He added boom boxes and drunken old people are not the style of the American Legion. He stated they have very good intentions to create a good impression. He noted the Doous brothers were killed in WWII. He added this post was named after these two Brooklyn Center residents that died for their country. He stated kids going to Burger King made the hole in the fence, but they would fix it. He noted they have not had police calls for anything major at their current location. He added he had called the police once at the 5 -31 -01 Page 8 old club. He stated if there are problems with noise in the parking lot the neighbors should call the Commander. He noted they would probably not want to be serving food beyond 8:00 p.m. at night if they ever decide to have food. He added they are a small club with light lunches. He thanked the Commissioners for their time. Commissioner Newman asked if the membership was open. Commander Wacha responded they could restrict access since they are a private club, but they let people come in. He stated one would have to be a veteran to join. He noted a person could join the Sons of the American Legion if they had an uncle or father, who was a veteran. He added he appreciates having the neighbors come in since it is a neighborhood type of establishment. Commissioner Newman asked if they had a liquor license. Commander Wacha responded they have a permit. Mr. Warren stated they have a club license, which is a special application. He noted the cost is substantially less and there is a requirement that it be for a legion or fraternal organization. He added there are certain standards to qualify for a club license. He stated this is a special category within the city's liquor licenses. Commander Wacha stated it is not a public bar. He noted everyone would have to register as a guest. Commissioner Whitehead asked if there would be small banquets. Commander Wacha responded there is a small meeting room. He stated it could be used for somebody's retirement party or fantasy football leagues. He noted it is small with only 30 seats. He added they have two meetings a month. He stated there is some use by little leagues or youth football for meetings. Commissioner Whitehead asked about overflow crowds and how they would handle parking. Commander Wacha stated they would like to have that as an issue. He noted it is a concern they would have to address. Ms. Pat Labelle, 3319 61 Avenue, asked what there membership was. Commander Wacha responded there are 250 members, with the auxiliary and the Sons of American Legion there are 400 members. He stated there have been 20 people at the biggest membership meeting he has had. He noted a lot of their members are not that agile. He added many could not get out of the house. Ms. Labelle asked how many people would be there on a Saturday afternoon. Commander Wacha responded on a Friday or Saturday by 11:00 p.m. there is nobody at the club. Ms. Labelle asked about their busiest times. Commander Wacha responded Saturday afternoon is their busiest time, but they could not exceed the occupancy limit on the building. He stated the best they have ever seen is 50 people. He noted it is not a Benchwarmer Bob's. Ms. Labelle stated she is concerned about parking. Commander Wacha stated they would not exceed the occupancy because of the fire code. 5 -31 -01 Page 9 Ms. Wood asked if this would be a purchase or a lease. Commander Wacha stated they are purchasing the site. He noted they still pay taxes even thought they are non - profit business. He added the taxes were a big concern. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -013. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Reem, to close the public hearing on Application 2001 -013, at 9:52 p.m. The motion passed unanimously. Commissioner Newman asked about the language regarding a restaurant. Chair Pro Tem Boeck responded he would like to see it added. He suggested a Condition 6 that the American Legion must apply for a special use permit in order to use the kitchen. Chair Pro Tem Boeck asked if there was a special use prior to this application. Mr. Warren responded a fast food restaurant could have used this building "as is" without a special use permit. He stated that there was already one granted for a restaurant. Chair Pro Tem Boeck asked if they need additional language to cover a restaurant. Mr. Warren responded he believes they already have the right to have a restaurant. He stated they would need to get a food establishment license from Hennepin County to be able to serve food on site. He noted that if the Commission wanted to make findings and add a condition it would be the Commission's call. Chair Pro Tem Boeck asked if the club could have restaurant without further application. The Commissioners concurred that there needed to be no additional language. Mr. Warren stated the Commission might want to be more inclusive regarding improvements of the masonry wall. Commissioner Newman stated they should get the hole in the fence closed. He noted they should add language to Condition 5 stating that the existing gap in the fence to the adjoining residential property must be closed. Commissioner Whitehead asked if the fence was part of their property. Mr. Warren responded they could close the gap, even if it is not their fence. He stated he could not imagine the neighbors objecting. 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 APPROVE APPLICATION NO. 2001 -013 (AMERCIAN LEGION POST 630) There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2001 -013, submitted by Steven A. Wacha on behalf of Duoos Brothers American Legion Post 630, for site and building plan 5 -31 -01 Page 10 approval and a special use permit to make modifications to and to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club, 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. 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. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive all signery which is subject to Chapter 34 of the City Ordinances. 5. The masonry screen wall on the east property line and the gap in the fence on the adjoining property shall be repaired as part of the site improvements for this proposal. 6. A special use permit is granted for the American Legion to operate a Legion Club at 6110 Brooklyn Boulevard as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance nor by these approved plans, shall require an amendment to this special use permit. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be ground for revocation. Voting in favor: Chair Pro Tem Boeck, Commissioners Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its June 11, 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 explained Plan D for the Eagle Crest proposal, which needs approval. He stated it is another floor plan that would be considered. There was a motion by Chair Pro Tem Boeck, seconded by Commissioner Whitehead, to recommend to the Council that it approve Plan D for the Eagle Crest proposal. Voting in favor: Chair Pro Tem Boeck, Commissioners Newman, Reem, and Whitehead. Commissioner Reem stated it was good that they followed through and complied with the request to bring it in front of the Commission. 5 -31 -01 Page 11 Mr. Warren stated the project would be moving forward this summer. Commissioner Reem asked about Applebee's brick wall. Mr. Warren responded the wall belongs to Brookdale. Commissioner Reem asked about the landscaping around Applebee's. Mr. Warren responded that it is not finished. He stated there is supposed to be a decorative finish on it. He noted it is Brookdale's responsibility. He added Xerxes is mostly a public right of way so there could not be a lot of landscaping. Commissioner Reem stated it looks bad now. 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 10:06 p.m. Chair Recorded and transcribed by: Nancy Czajkowski Timesaver Off Site Secretarial, Inc. 5 -31 -01 Page 12