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HomeMy WebLinkAbout1998 03-12 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 MEETING MARCH 12, 1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:29 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Lorri Kopischke. Brian Walker was excused. APPROVAL OF MINUTES - FEBRUARY 11, 1998 There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to approve the minutes of the February 11, 1998 with the following changes: On page 2, Paragraphs 5 and 7 replace "Newmann" with Erdmann" and on Page 3, Paragraph 1 replace "Commissioner Nelson" with "Commissioners Nelson and Newmann ". Voting in favor: Chair Willson, Commissioners Erdmann, Nelson and Newman. Abstaining: Commissioners Boeck and Reem. The motion passed. 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. 98004 (SHINGLE CREEK LAND CO.) Chair Willson introduced Application No. 98004, a request submitted by Shingle Creek Land Company to subdivide into three lots, two existing parcels of land totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard. Mr. Warren noted that Application No. 98004 and Application No. 98005 both related to the same property and stated it would be appropriate to review both and then respond to questions. Mr. Warren presented the staff report and used overhead transparencies to show the location of the property and to describe the proposed preliminary plat as submitted by the applicant. (See attached Planning Commission Application Information Sheet dated 3 -12 -98 for Application No. 98004.) Chair Willson called for questions on the application from the Commissioners. 3 -12 -98 Page 1 Commissioner Boeck stated he was not comfortable with the plat as presented as Lot 2 had no access to any public street. He noted that the ordinance only required frontage on a public street but he believed the ordinance is to be interpreted as "and access thereto ". He also did not approve of the location of the easement for access on Freeway Boulevard. It is at an extreme angle when exiting onto Freeway Boulevard and when entering therein. He questioned the sight line and suggested that the access should be 150 feet from the other driveway entrance. Mr. Warren stated that the ordinance does require frontage or abutment on a public street and this is provided on Xerxes Avenue and I -94. The ordinance also allows for other means of access to a public street other than abutment based on City Council approval of a reasonable alternative. He cited similar cases such as the recently approved Holiday Station and the office buildings on Parkway Circle, which is not a public street. Commissioner Boeck stated the easement area should be modified to accommodate a 90 degree angle turn. Mr. Warren agreed that this access should be at a 90 degree angle. APPLICATION NO. 98005 (EXTENDED STAY AMERICA, INC.) Chair Willson introduced Application No. 98005, a request submitted by Extended Stay America, Inc. for rezoning from I -1 to PUD/I -1 and first phase site and building plan approval through the Planned Unit Development (PUD) process for a three story, 104 unit efficiency hotel to be located east of Xerxes Avenue North. Mr. Warren presented the staff report and used overhead transparencies to show the location of the property and to describe the proposed preliminary plat as submitted by the applicant. (See attached Planning Commission Application Information Sheet dated 3 -12 -98 for Application No. 98005.) Mr. Warren suggested that Condition #11 of Resolution 98 -1 could be amended with the addition "Alignment of the easement must be a 90 degree alignment and any shift in the easement area has to be accomplished as part of the final plat." Chair Willson called for questions on the application from the Commissioners. Commissioner Newmann asked under what circumstances an access to Xerxes Avenue from Lot 1 would be granted. Mr. Warren stated he did not know what circumstances would warrant an access to Xerxes Avenue but it is a City street and the request could be made. Commissioner Newmann asked if a covenant could be included as part of the plat to prevent any access on Xerxes Avenue. Mr. Warren stated this could be done. Commissioner Erdmann expressed concern with the traffic flow on Freeway Boulevard. There are no turn lanes and drivers are not accustomed to cars making a left hand turn in this area. The boulevard is wide enough for four lanes. He suggested that Freeway Boulevard be restriped to delineate a left turn lane at this point because of the potential for rear end collisions. Mr. Warren, stated this is an issue that the City Traffic Safety Committee is more qualified to determine. The boulevard is currently underutilized for its design. He did not believe this development would 3 -12 -98 Page 2 generate more traffic into the residential area as most of the traffic would orient back to the east to Shingle Creek Parkway. Commissioner Reem asked if the holding pond on Lot 3 would accommodate the runoff of Lots 1 and 2 once they were developed and who would maintain the ponding. Mr. Warren stated the ponding is sized to accommodate Lots 1, 2, and 3. The pond will be maintained by the owner. A condition recommended by the City Engineer is a maintenance agreement for the pond and if the pond is not maintained the City has the right to do the maintenance and assess the owner for the cost. Commissioner Nelson asked if there was a maximum amount of time of stay at the facility. Mr. Warren stated a maximum length of stay was not set by the zoning ordinance. He recommended that the Commission not set a maximum length of stay. This facility is specifically designed for a longer stay with the inclusion of the kitchen facilities. Commissioner Newmann questioned the status of the Spiritual Life Church which was proposed on the C -1 parcel near this lot. Mr. Warren stated that to his knowledge the church would be proceeding with construction this summer. Commissioner Newmann asked if there would be any control as to what was done on Lots 1 and 2 if the PUD was granted on Lot 3. Mr. Warren stated this is the typical land use expected for this area. It is possible that Lots 1 and 2 could be used for a restaurant and that may be appropriate given the adjacent use. The lots could also be used for an industrial site. Whatever use is proposed for those lots will have to come before the Planning Commission and the City Council for a PUD Amendment. The PUD process gives the City more discretion and also allows for more public input than a permitted I -1 use. Commissioner Reem asked if the access easement will be addressed further. Mr. Warren stated it would have to be modified to at least a 90 degree angle. The easement is not critical to Extended Stay America as it will be used as a secondary access. It is more critical in terms of the future development of Lots 1 and 2. The easement, as modified, will have to be shown on the final plat. PUBLIC HEARING (APPLICATION NO 98004 - SHINGLE CREEK LAND CO. AND APPLICATION NO 98005 - EXTENDED STAY AMERICA. INC.) There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to open the public hearing on Application No. 98004 and Application No. 98005 at 8:56 p.m. The motion passed unanimously. Marshall Pedley, 6645 Xerxes Place, President of the Earle Brown Townhome Association, stated he had talked with several other Boardmembers and homeowners of the townhomes who were upset because they were not advised of this hearing. They did not receive a notice and have seen nothing of the plans in the Brooklyn Center Post. Many felt there are enough hotels in this area already. Mr. Warren explained that notice is required by the zoning ordinance to be sent to property owners within 350 feet of the proposal. It is not City practice to send notices beyond this point. The notice also appeared in the Brooklyn Center Post under the legal notices. He stated that because a person 3 -12 -98 Page 3 did not receive a notice, did not mean that they could not participate in the public hearing. The meeting is a public meeting and all are welcomed. Commissioner Boeck asked Mr. Pedley how long he had lived in the townhomes, if he was aware that the subject property was zoned industrial and what type of business was allowed on this property. Mr. Pedley stated he had lived in the townhome for 13 -14 years and he was aware that the property was zoned industrial and this type of business could locate there. Kathy Langer, 2916 69t' Lane, Earle Brown Townhomes,� stated traffic has become a problem on Freeway Boulevard with the opening of T.G.I. Fridays and the hotel. People have a terrible time crossing the intersection of Freeway Boulevard and Xerxes Avenue at 5:00 p.m. She asked how the City will handle the additional traffic generated by this site. Commissioner Boeck noted that if what Ms. Langer was stating was correct, a study will be made for that intersection and if traffic is sufficient to warrant a stop sign or semaphore it will be installed. He noted that Mr. Warren had previously indicated that most of the traffic for this site will be accessing Freeway Boulevard from the east. Ms. Langer stated traffic from this site will also be traveling to Brookdale and other restaurants in the area and will travel on Xerxes Avenue. She stated that placing the driveways directly across from each other will create a lot of congestion. She questioned what would be an inappropriate use for this site. Mr. Warren stated one reason for the PUD was to prohibit uses on this property such as fast food establishments and gas stations. The PUD establishes a procedure to look at the use along with the site plan Ms. Langer again expressed concern with the increased traffic. She also expressed concern for the wildlife in the area. Mr. Warren noted that traffic is a concern in this area. However, the p.m. peak traffic in this area is primarily generated by people coming home from work and exiting Highway 694, traveling north on Shingle Creek Parkway, turning onto Freeway Boulevard and entering the residential area. The traffic at Xerxes and Freeway Boulevard is not primarily generated by the hotel, restaurants or the high school league. Ms. Langer asked if the Extended Stay would have a liquor establishment or a restaurant. Mr. Warren stated it would not. It is strictly a hotel. Mark Yelich, 6018 Beard Avenue North, stated he had lived in Brooklyn Center since 1968 and is a member of the Housing Commission. He stated that he believes a hotel in this location is not in the best interest of the City of Brooklyn Center. A hotel will employ a lot of people at a wage of $6.00 to $9.00 per hour. It is difficult to sustain a single person, let alone a family on this wage. He expressed concern that an additional hotel and jobs of this wage will hither concentrate poverty and associated problems in the area. He would rather see the City consider a development which pays wages of $15.00 per hour and above. This is a strategic planning issue for the City. He did not want to see the Extended Stay be used by Hennepin County Social Services to house the homeless. He asked the Planning Commission to think of the long term implications and recommend that the City Council not approve this request. 3 -12 -98 Page 4 Pudge Linman, 7217 Woodstock Curve, Bloomington, stated he worked for Extended Stay America Inc., and was present to answer any questions. Chair Willson asked Mr. Linman his opinion of moving the northerly access. Mr. Linman stated the Extended Stay America has the access it requires. Although the northerly access will be shared, it is primarily for the benefit of Lots 1 and 2. Commissioner Boeck asked when construction would begin. Mr. Linman stated they would like to start construction as soon as possible. Commissioner Reem asked where other facilities such as this one were located, the average length of stay and if there was any type of lease agreement with tenants who stayed for longer periods of time. Mr. Linman stated Extended Stays are located in Eagan, Eden Prairie, Maple Grove and Bloomington. The average stay is 7 -8 days. He noted this is a corporate -owned business with 213 units nationally. There is no lease agreement and the rate is based on a weekly rate. Chair Willson asked if there would be a coffee shop and what type of cooking facilities are available. Mr. Linman stated there will not be any type of restaurant on site. The cooking facilities include a two -burner stove, microwave, and a full -size refrigerator. Settings for two, pots and pans and silver are also provided. He explained that the patrons are generally professional white collar workers who come to work in the area on contract. Commissioner Reem questioned the trash enclosure. Mr. Linman explained the trash enclosure is made of the same material as the exterior of the building. It will be brick with a wood gate of a minimum of six feet which is painted to match the trim of the building. Chair Willson questioned the lighting. Mr. Linman stated the company tries to avoid any package lighting on the building and tries to use all pole lights with a 90 degree angle to the pole and downward. Commissioner Boeck asked if the access to the north would be used as a service entrance. Mr. Linman stated the main access to the facility is the one to the south. The service to the site is minimal as it has its own laundry facilities and no restaurant. Commissioner Erdmann noted the concern which had been raised of future use of the facility by Hennepin County Social Service to locate homeless families. Mr. Linman stated this would not occur. This is a corporate -owned business which has a national image to maintain. Rosemary Gordon, 6666 Xerxes Place North, questioned the rates. Mr. Linman stated the current budgeted rate is $290.00 to $310.00 per week. Frank Kriz, Howard R. Green Company, stated he prepared the preliminary plat and was present to represent the developer. He stated the intention is to bring the northerly access to a 90 degree angle and match it to the driveway across the street. The access will not be more than 30 feet wide. 3 -12 -98 Page 5 Commissioner Boeck questioned the sight line. Mr. Kriz stated the traffic engineers had checked the sight line and indicated that it was sufficient. Steven Davis, 6612 Xerxes Place North, noted that all the townhomes were part of an association and part owners and due to this should all have been notified of this meeting. He asked if any studies had been conducted to determine if the area was saturated with hotels and if there would be conference facilities located in the hotel. He noted there were only 114 parking spaces and did not want overflow parking in the residential area. Mr. Warren stated no studies had been performed for hotel saturation as the nature of this hotel is different in that it tries to attract longer term occupants. The hotel is relying on what the market will bear and would probably not build this facility in this location if they did not believe it would be successful. The number of parking spaces available is appropriate and no conference facilities are proposed. If there was a need for occasional additional parking, it would probably occur at the T.G.I. Fridays /Country Inn & Suites site or the office building rather than in the residential area. Mr. Warren projected there will probably be more likelihood that spaces will be vacant rather than there being an overflow problem. Mr. Davis questioned if the zoning ordinance mandated the monitoring of the pond for the prevention of overpopulation of insects. Mr. Warren stated this is monitored by the Metropolitan Mosquito Control District. The zoning regulations monitor the pond to ensure that it does not become a nuisance and that it is maintained. Mr. Davis questioned the impact to the wildlife and also the impact of the displaced wildlife on traffic. Commissioner Boeck noted that even with all the development in the City there seems to be more wildlife in the area than ever before. He did not believe this development would have an impact. Nancy Blitsch, 6620 Xerxes Place, stated the reason more wildlife is visible now is that their natural habitat has been taken away. She expressed concern that this extended stay hotel would invite possible drug dealers. Chair Willson noted there have been problems with this in other areas of the City and they have been dealt with appropriately by law enforcement officials. If a problem would occur it would be dealt with. Ms. Gordon stated she fully agreed with the man on the Housing Commission and felt his points should be considered. She asked for a response from the Planning Commissioners. Chair Willson stated that his opinion was a more humanistic -type view of what should be located there. The Planning Commission has to look at how this fits into the ordinance and the property. Mr. Warren noted it would be ideal to attract a business which paid a higher wage, however, that is not the only consideration in terms of development of the site. A hotel is a logical use on this site based on the freeway exposure. Also from a legal standpoint, he did not believe the City could deny a developer just because they were not creating jobs offering a wage of $15.00 per hour or more. Mr. Yelich stated that part of the ordinance calls for what is in the best interest of the community. He noted that Mr. Warren had stated that the City did not anticipate any better offer in the next 4 -5 years. Mr. Yelich stated he felt staff was selling the City short. Residents would rather see deer than 3 -12 -98 Page 6 a hotel. He noted green space is rare in Brooklyn Center and he did not feel that another hotel was in the best interest of the City. He asked the Commission to hold out for a better development. He stated the Commission has the responsibility of long -term planning for the citizens of Brooklyn Center. Commissioner Boeck noted the owner of the property is paying taxes and if the public wants the green space they should purchase the land. He noted that a structure of this type is a large tax producer. Mr. Yelich stated he would rather see green space. He would rather see his taxes increase than rely on a hospitality tax. Mr. Warren noted that the implication here is that the City has not done any long -range planning in terms of this area. However, this is the type of use the City has long felt would be located on this piece of property. The City would actually find themselves in conflict with long -term planning if they denied this request. Ms. Langer asked if there was a City ordinance in regard to a required amount of green space. Chair Willson stated there is and this plan is in compliance with that ordinance. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98004 and Application No. 98005. CLOSE PUBLIC HEARING (APPLICATION NO 98004 AND APPLICATION NO. 98005) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the public hearing at 9:54 p.m. The motion passed unanimously. Commissioner Newmann noted the letter which was received from Sheree Grimm, 6662 Xerxes Place North. He noted that all the issues in that letter had been addressed except for the comment about noise. He stated he did not believe this development would be noisy. There was a motion by Commissioner Boeck, seconded by Commissioner Newmann to add a condition of approval which states that "The access that is shared between Lots 1 and 3 be revised to accommodate a perpendicular driveway approach to Freeway Boulevard." The motion passed unanimously. Commissioner Newmann asked if a covenant could be included to exclude the possibility of an access on Xerxes Avenue. Commissioner Nelson stated that this is noted on the plans per document No. 1873206 with arrows pointing to both lot lines. Mr. Warren stated he would investigate the access restriction further. Chair Willson called for further questions from the Commissioners. The Commissioners did not interpose objections to the preliminary plat requested under Application No. 98004, submitted by Shingle Creek Land Company, subject to certain conditions. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98004 - SHINGLE CREEK LAND COMPANY 3 -12 -98 Page 7 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98004, a request for a preliminary plat to subdivide into three lots, two existing parcels of land totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard, 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. Appropriate driveway and cross access easements shall be developed and filed with the title to the properties in question. These easements, agreements and documents are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. 4. The storm drainage system and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to final plat approval for this proposal. 5. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County as part of the final plat. 6. The access easement that is shared between Lots 1 and 3 shall be revised to accommodate a perpendicular driveway approach to Freeway Boulevard. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, March 23, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. Commissioner Boeck noted that Resolution 98 -1 relates to the entire 7.28 acres. As this plan is only for Lot 3 or 2.68 acres, he suggested that the resolution be amended to address only the Lot 3 portion. He also noted that the resolution refers to Section 35 -555, Subd. 5, which states that implementation of a PUD shall be controlled by the development plan. There is no development plan for Lots 1 and 2. Mr. Warren noted that the development plan for the remaining Lots 1 and 2 would have to come back before the Planning Commission and the City Council for review. This is a phased development similar to the Country Inn and Suites and the Americana Inn. He noted that putting the PUD on the entire area would place more restrictions on the area than if it remained zoned as I -1. 3 -12 -98 Page 8 Chair Willson called for further questions from the Commissioners. The Commissioners did not interpose objections to the Planned Unit Development requested under Application No. 98005, submitted by Extended Stay America, Inc., subject to certain conditions. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98005 - EXTENDED STAY AMERICA, INC. There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to adopt Resolution No. 98 -1, Regarding Recommended Disposition of Planning Commission Application No. 98005 submitted by Extended Stay America, Inc. which recommends to the Council that it approve Application No. 98005, a request for a rezoning from 1 -1 to PUD/I -1 and first phase site and building plan approval through the Planned Unit Development (PUD) process for a three story, 104 unit efficiency hotel to be located east of Xerxes Avenue North, subject to conditions. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, March 23, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. There was a motion by Commissioner Boeck, seconded by Commissioner Newmann, to direct Staff to review Section 35 -355, Subd. 5 and provide clarification as to what is required in regard to a development plan. The motion passed unanimously. DISCUSSION ITEM: A. West Fire Station Plan Mr. Warren noted there is a bond issue to improve City facilities and part of this process is to build a new fire station. The current fire station is located at 63r Avenue and Brooklyn Boulevard adjacent to the City liquor store. The plan is to demolish the existing fire station and the liquor store and build the new fire station. Brooklyn Boulevard is a major thoroughfare. The current setback requirement for a major thoroughfare is 50 feet and this proposed site plan requires a 35 foot setback. A Brooklyn Boulevard Task Force has recommended a reduced or no setbacks for commercial developments on major thoroughfares in commercial areas. The proposed Overlay Ordinance calls for such setbacks on a major thoroughfare. The ordinance will not be ready when this proposal is considered. Staff will be proposing a variance request on the basis of: implementing a policy that is not yet established in ordinance and that this will be offset by allowing for a better landscape plan. The Commission concurred that this would be an appropriate way to proceed with the plan. OTHER BUSINESS The Commission did not have any further business. 3 -12 -98 Page 9 ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:32 p.m. Chair Recorded and transcribed by: Lorri Kopischke TimeSaver Off Site Secretarial, Inc. 3 -12 -98 Page 10