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HomeMy WebLinkAbout1998 06-25 PCM Amended 7 -21 -98 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 25, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Rex Newman entered the meeting at 7:35 p.m. APPROVAL OF MINUTES - JUNE 11, 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to approve the minutes of the June 11, 1998 meeting, as submitted. The motion passed unanimously, with Commissioner Boeck abstaining. 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. CENTRES GROUP BROOKLYN CENTER LTD. - APPLICATION NOS. 98015 AND 98016 Chair Willson introduced Application No. 98015, a request for rezoning and site and building plan approval through the Planned Unit Development (PUD) process for a 20 screen theater, and 3 other parcels in the northwest quadrant of 1 -694 and T.H. 252; and Application No. 98016, a request for preliminary plat approval to combine 9 privately owned properties, a city -owned parcel of land, vacated street right -of -way, and excess MN/DOT right -of -way into 4 lots at the northwest quadrant of 1 -694 and T.H. 252, both submitted by Centres Group Brooklyn Center, LTD. Application 98015 was filed on 05 -28 -98 and Council action should be taken by 07 -27 -98 (60 days). Application No. 98016 was filed on 06 -01 -98 and Council action should be taken by 08 -03 -98 (60 days). The Commissioners agreed to consider these applications concurrently and to conduct one public hearing for the two applications. APPLICATION NO. 98015 6 -25 -98 1 Mr. Warren presented the staff report and used overhead transparencies to show the location of the properties and the site and building plans for a 20 screen theater. This 13.43 acre site is currently zoned C -2 (Commerce) and is located northwesterly of Interstate 694 and T.H. 252. In addition to the theater, 3 other sites will be created for future development - most likely for restaurant uses. (See attached Planning Commission Application Information Sheet dated 06- 25 -98, including revised pages distributed at the meeting). A PUD /C -2 zoning designation is being requested due to the extent of the applicant's proposal and their desire to seek parking for the theater on the basis of 1 parking space for every 4 seats versus the ordinance required 1 space for every 3 seats. The requested parking ratio would be allowed through a finding and development agreement. The applicant owns or has acquired options on all the properties involved. In addition, Centres Group requests acquisition and vacation of 65th Avenue North from Camden to North Lilac; North Lilac between Camden and 65th Avenues; and a portion of the south end of Camden Avenue. These pieces are owned by the City of Brooklyn Center and/or MN /DOT, and negotiations for these are underway with the State and City staff. Mr. Warren described how the proposed PUD adequately meets guidelines A through I of Section 35 -208 of the zoning ordinance. He stated the proposal appears to meet the City's comprehensive plans for commercial development of the area, and that the project may lead to upgrading the area through private development of a highly visible cornerstone project benefiting residents through increased revenues and tax generation. The PUD procedure allows the City to restrict uses of the properties through conditions attached to the development agreement with the applicant. Mr. Warren noted that an update of a 1997 traffic analysis in this area is in progress. He described the access and parking for the site. With respect to parking, he referenced an analysis submitted by the applicant "Multi- Theater Parking Brooklyn Center, submitted by Parsons Brinckerhoff, May 28, 1998." This document concludes that 1 parking space for every 4 seats in a theater is reasonable given the nature of the multi - theater complex business. Exception under the City's parking formula for public assembly allows 1 parking space for every 4 seats for a motion picture theater located in a retail shopping complex of 50,000 sq. ft. or more. The site requires watershed management commission review which is scheduled for July 9. A new concept is being proposed by the applicant for drainage which involves a subsurface holding area. The grading and drainage plan is not finalized, however discussions continue with the city engineer, and is ultimately subject to the review of the watershed commission. Sewer and water services to the proposed buildings are currently in place. A revision to the landscape plan provides additional trees along the 252/694 right of way. The exterior of the building will be a combination of brick and other materials. Proposed signage requires modification to meet City codes. In view of outstanding issues /deficiencies that remain regarding the application, Mr. Warren recommended that the Commission discuss the proposal, open the public hearing, and table the application. The procedure for rezoning provides that following the Commission's public hearing, 6 -25 -98 2 7, in council chambers. Under State Statutes, unless waived by the applicant, the city must act within 60 days from the date the application is filed, therefore the Commissioners would again review the application at its meeting on July 16, with final action taken by the Council by July 27, 1998. Public hearings for Application Nos. 98015 and 98016 have been appropriately noticed through the Sun/Post and to neighboring property owners. APPLICATION NO. 98016 Mr. Warren briefly referred to Application No. 98016, preliminary plat approval requested by Centres Group Brooklyn Center, LTD. to combine 9 privately owned properties plus a city -owned parcel of land and vacated street right of way for 65th Avenue North, North Lilac Drive, a portion of Camden Avenue, and excess MN /DOT right of way into 4 lots for development of a multiplex theater and 3 additional commercial lots, which is the proposed PUD comprehended under Application No. 98015. This plat would be known as the Regal Road Development Addition. (See Planning Commission Information Sheet, Application No. 98016, Preliminary Plat, dated 06- 25 -98.) Application No. 98016 is to be considered and acted upon in conjunction with Application No. 98015. Chair Willson called for questions and discussion from the Commissioners. Concern was expressed regarding the tight time frame in which action on such an extensive development must be taken under state statutes. It was noted that while the Council has considered this development in a work session, sale or vacation of City property has not been accomplished and is subject to approval by the City Council. In addition, major items including drainage, lighting and signage remain incomplete at this time. To date, the applicant has not requested a waiver to delay the deadline of July 27. Commissioner Boeck questioned the need for PUD re- zoning at this time. He stated the application appears to be incomplete because it does not include specific plans for the other 3 parcels with respect to lot lines, utilities, etc., and that he would prefer that the development, including all 4 parcels, be prepared and presented to the Commission in a complete package. Mr. Warren explained that he accepted the application based on the provisions of the City's PUD procedure, which has been interpreted and affirmed by the city attorney. It is proper to defer future development in a PUD to be handled as an amendment at a later date when plans have been more finalized. No information is available with respect to current or projected tax receipts or other potential revenues from this development. Chair Willson inquired about the existing buildings on the properties. Mr. Warren indicated the entire site would be demolished before new construction would begin with the exception of the Beacon Bowl, which will operate through the winter. Traffic issues including accesses, site distances, signal lights, costs of roadwork, design of the cul- de -sac, impact on the access to Melrose Gates, were considered. Most of these issues remain unresolved at this time. 6 -25 -98 3 Commissioner Boeck alluded to the City's intention to preserve the integrity of the Brookdale Shopping Center. Construction of a multiplex theater at that location was recently announced, however, its relationship to this application was considered inappropriate. Commissioners expressed disappointment that Application No. 98015 lacks sufficient information on major issues of concern to them and further that those issues are not resolved at this point which inhibits competent recommendations or direction to the applicant. Mr. Warren reminded the Commissioners the application will be considered again by the Commission at its July 16 meeting and that this is a "preliminary" plat and the "final" plat will be considered and acted upon only by the Council. PUBLIC HEARING - APPLICATION NOS. 98015 AND 98016 - CENTRES GROUP BROOKLYN CENTER LTD There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to open the public hearing on Application Nos. 98015 and 98016 at 9:10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Terry Moses, representing the developer, stated the existing entrance to Melrose Gates is gated and locked and a driveway designed to accommodate a fire truck is being designed, and the appropriate easements are being negotiated with Melrose Gates. He stated that while an extension to the statutory approval time frame may be necessary, the developer intends to make every effort to fill in the gaps on all the outstanding issues by the date of the neighborhood advisory group meeting (July 7, 1998). Therefore at this time, no waiver is contemplated. Mr. Moses stated fast food, gas stations, etc. are not acceptable tenants on the site. He understands that future development on the 3 remaining parcels must pass through the Planning Commission. An enlarged preliminary color print of the theater together with samples of proposed colored building materials was made available for the Commissioners' inspection. Mr. Kaare Birkeland, representing Centres Group, Ltd., provided information on Regal Theaters, a private company headquartered in Knoxville TN, with successful theaters in 24 states. A new Regal complex currently exists in Eagan, MN. As prudent business operators, he explained their desire to work diligently to keep the Brooklyn Center development intact. Whether this theater will have 20 or 22 screens, the company's philosophy is customer oriented, and it is believed that a 4 to 1 parking ratio is acceptable. Birkeland pointed out this development will have no loading docks, no garbage, will be heavily landscaped, attentive to adjacent residents, and provide a bright appealing facade and entrance to the City. The rear wall of the "dressed up" theater building will be covered with ivy and lighting will be kept in the parking lots. The Regal Theater signage will be changed from the proposed plan to meet the City's ordinance. Mr. Birkeland described the nature of the theater business noting that parking and traffic will not be an issue because showings do not coincide with other peak traffic times. The developer fully intends to pay for traffic improvements and will work to make intersections and streets workable. Based on the company's experience, they are confident this development will be successful, attract business to the city and area, and be a project that the City will be proud of. 6 -25 -98 4 Commissioners inquired about use of parking on adjacent lots, anticipated marketing area, and comparison of Regal Theaters with other metro area new multi- screen theaters. Mr. V. Paul Bilotta, representing Parsons Brinckerhoff Quade & Douglas, Minneapolis, commented on the multi - theater parking analysis and explained the congested conditions at the new Coon Rapids facility which involve installation of a traffic signal and poor snow removal at the time of the opening. Commissioner Newman pointed out some problems with the proposed cul -de -sac, noting a possible blind corner, the need for pedestrian crosswalks, etc. Mr. Birkeland indicated that safety is a concern and signage /warning lights are under consideration. He also noted that discussion with the fire chief resulted in some building design changes. Unique center seating for handicapped customers in Regal Theaters was described. Mr. Bob Dilks representing Henry E. Davis, 6500 Camden Avenue North, requested clarification regarding the 60 day state statutory requirement for action on the application and whether the 4 to 1 ratio of parking would apply to the other 3 parcels. Mr. Moses stated that when the 3 parcels are developed and presented to the City, they will be considered separately from the theater, therefore would be required to meet the City's ordinance for parking on those parcels. Mr. Moses further noted that the applicant was advised to seek PUD approval versus variance approval because the City retains more control over the project under a PUD. Mr. Dennis Robinson inquired whether this developer is aware of plans for a multi- screened theater at the Brookdale Shopping Center and what impact the proposed Regal Theater will have on existing theaters in the area. Chair Willson explained that the Commission's responsibility is to consider an application on the basis of City ordinances and the applicant is responsible for marketing studies. Commissioner Nelson requested that information on the Eagan facility and completed revisions on the application be available at the July 7, 1998, neighborhood meeting. Chair Willson called for additional comments from the public. No other individuals from the public appeared before the Commission during the public hearing on Application Nos. 98015 and 98016. ACTION ON APPLICATION NOS. 98015 AND 98016 - CENTRES GROUP BROOKLYN CENTER. LTD. There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to continue the public hearing on Application Nos. 98015 and 98016, refer the Applications to the Northeast Neighborhood Advisory Group for comment and review, and to table to July 16, 1998 consideration of the Applications. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. 6 -25 -98 5 Mr. Warren stated the Northeast Neighborhood Advisory Group will meet on Tuesday, July 7, 1998, at 7:30 p.m. in Council chambers. Commissioner Nelson, liaison to the Group, agreed to facilitate the meeting. Appropriate mailing of notices of the meeting will be made and other interested parties are encouraged to attend. OTHER BUSINESS Commissioner Reem reiterated concerns regarding dead trees, weeds, and general poor maintenance at 63rd and Brooklyn Boulevard, specifically related to Hollywood Video. Mr. Warren indicated that it was his understanding that the property owner has been contacted and analysis of the status of trees will be conducted. He noted the City holds a bond that would not be released until the property meets standards. Reem also reported that work on the new fire station at 63rd and Brooklyn Boulevard has begun. FUTURE MEETING DATE The next meeting of the Planning Commission is scheduled for Thursday, July 16, 1998. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:50 p.m. r Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 6 -25 -98 6