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HomeMy WebLinkAbout1998 07-16 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 JULY 16, 1998 CALL TO ORDER The Planning Commission's regular meeting was called to order by Chair Willson at 7:30 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 Arlene Bergfalk. It was noted that on July 13, the Council appointed Mr. Sean Rahn to fill the vacant position on the Commission. APPROVAL OF MINUTES - JUNE 25. 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the June 25, 1998 meeting, amended on page 5, paragraph 6, second sentence to read: "...the application be available at the July 7 neighborhood meeting." The motion passed unanimously. (New language underscored.) 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 Nos. 98015 and 98016, submitted by Centres Group Brooklyn Center, LTD. These applications were initially considered at the Commission's June 25 meeting and a public hearing was conducted. At that time, the Commission referred the applications to the Northeast Neighborhood Advisory Group for comment and review, tabled reconsideration to the July 16 meeting, and continued the public hearing to July 16, 1998. 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). There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to re -open the public hearing at 7:35 p.m. and return Application Nos. 98015 and 98016 to the table. The motion passed unanimously. 7 -16 -98 1 Commissioner Nelson, liaison to the Northeast Advisory Group, summarized the results of the Group's July 7 meeting. The five members of the Group and a number of other citizens attended. The Group recommended approval of the Centres Group applications on a vote of 2 for, 0 against, 3 abstentions. (Refer to July 7, 1998 minutes of the Advisory Group.) APPLICATION NO. 98015 Mr. Warren presented the staff report and used overhead transparencies to show the location of the development and the site and building plans for a 85,240 sq.ft., 4,592 seat, 20 screen theater on a 13.09 acre site located northwesterly of I -694 and T.H.252. The applicant requests site and building plan approval and rezoning of the property from its current C -2 designation to Planned Unit Development (PUD), which could allow a parking ratio of 1 space for 4 seats. (See attached Planning Commission Application Information Sheet dated 07- 16 -98.) The proposal includes creation of two other sites (one 1.65 acres and the second 2.02 acres) for future commercial development, most likely restaurant uses. Mr. Warren explained that the applicant submitted a revised plan which reflects a change from the original 3 additional sites and excludes surplus MNDOT highway right -of -way which the applicant is attempting to acquire. Mr. Warren described and located the excluded area on the overhead transparency. No MNDOT controlled property other than a small portion of 65th Avenue North, is included in either the site plan or the preliminary plat for the property. Conveyance of City property and vacation of City right -of -way required for this development are subject to City Council approval. Because of the exclusion of the MNDOT property, the revised plan reflects a re- configured site plan and includes a revised landscape plan, a reconfigured parking plan, a grading, drainage and utility plan, a lighting plan, building elevations and a floor plan. Mr. Warren described each plan as detailed in the Staff Report. The two accesses to the site are from Camden Avenue North and include cul -de -sac construction at the south end of the theater building. The plan calls for 1,148 parking spaces based on a ratio of 1 space for every 4 seats, which is considered appropriate given the nature of the multiplex theater business and the parking analysis submitted. The city engineer is currently reviewing the grading, drainage and utility plan. The site is also subject to review by the West Mississippi Watershed Management Commission. Discussions continue with the watershed engineers on the underground treatment facility which is part of the drainage plan. The watershed commission will consider the proposed drainage plan at its August 13, 1998 meeting. Should the plan not be approved, the application will be returned to the Planning Commission with an alternative drainage proposal that likely would affect the site plan. The landscape plan exceeds the required evaluation points and includes a sodded berm running the length of the building on Camden Avenue. Underground watering and maintenance of all landscaping on the properties are the responsibility of the developer. A colorful building will be constructed of brick, drive -it material, painted block and face block. Multicolored neon lighting will be installed. The letters for the word REGAL will be affixed to enclosed columns considered to be part of the building wall. The lighting plan meets City code. 7 -16 -98 2 Mr. Warren reviewed the recommendations contained in the Short Elliot Hendrickson traffic analysis regarding proposed developments on 66th Avenue North. The recommendations to accommodate traffic in the area include extension of the median, a traffic signal, possible dual turn lanes, access restrictions, and driveway alignments. It was noted that the cost of the public improvements related to this Application is the responsibility of the developer. Mr. Warren reviewed a draft resolution which outlines the proposal, makes recommended findings, and recommends approval subject to conditions to be a part of the Planned Unit Development agreement. He noted that notice of the continued public hearing was sent to affected property owners. APPLICATION NO. 98016 Mr. Warren presented the staff report relating to modified 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, a portion of Camden Avenue, and that portion of North Lilac Drive controlled by the City of Brooklyn Center into 3 parcels of land. This plat would be known as the Regal Road Development Addition and does not include MNDOT right of way over portions of North Lilac Drive. This property is the site of the proposed Planned Unit Development Rezoning and site and building plan comprehended in Application No. 98015. (See attached Planning Commission Information Sheet, Application No. 98016, Preliminary Plat, dated 07- 16 -98.) The staff recommends approval of Application No. 98016, subject to 5 conditions outlined in the staff report, and a 6th condition regarding a subdivision agreement presented orally by Mr. Warren. Chair Willson called for questions from the Commissioners. Commissioner Boeck recommended that site distances for traffic /pedestrians be carefully reviewed. He also inquired whether the City would maintain the underground drainage system and asked who regulates its operations and spillage. Mr. Warren stated the City would not maintain the facility. The City may require an escrowed performance guarantee from the developer, and customary state guidelines regulate its operations, similar to above ground ponding /drainage systems. Commissioners Boeck and Nelson inquired whether additional prohibited uses of the site should be specified and included in condition 16 in the proposed Resolution. Mr. Warren explained that the underlying C -2 zone controls the use of the property, however, he cautioned against adding too many caveats that may discourage or preclude development in the future. It was noted that the developer of the two additional sites provided a written statement precluding fast food, gas stations, or convenience stores, etc. businesses on those properties. Commissioner Erdmann inquired about the traffic analysis recommendation for a double turn lane at Camden Avenue and noted the site plan shows only one turn lane. Mr. Warren said the consultants prefer not to have a double left turn lane, however, one might be necessary. He said he will inform the Commissioners of any decision made regarding that recommendation. 7 -16 -98 3 Commissioners Boeck and Erdmann asked about access to sites 2 and 3. Mr. Warren explained that access to those pads would be the same as to the theater pad and landscaping/physical barriers should prevent crossover traffic from the SuperAmerica property. Chair Willson called for comments from the public. Mr. Kaare Birkeland, representing the developer, showed a colored rendering of the theater building with the re- designed Regal signage and displayed interior photographs of a completed theater. He stated the underground drainage facility must meet the watershed requirements, is regulated by the State as to the amount of discharge, will be maintained by the developer, and is designed to accommodate access for cleaning and other upkeep. He noted similar facilities are located through the metro area. 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. CLOSE PUBLIC HEARING - APPLICATION NOS. 98015 AND 98016 There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to close the public hearing at 8:55 p.m. The motion passed unanimously. Chair Willson called for additional comments from the Commissioners. Commissioner Erdmann recommended including pawn shops and check cashing facilities as prohibited businesses outlined in Condition 16 of the Planning Commission Resolution. Commissioner Boeck recommended addition of Condition 17 to define the developer's financial responsibility for public street and roadway improvements associated with the development including provision of necessary right -of -ways to accomplish the improvements. Boeck also recommended addition of Condition 18 to clarify that access to the three parcels on the property are from Camden Avenue North and that direct cross access to 66th Avenue North is prohibited between the theater parcel and the parcels to the north. Mr. Warren responded to Commissioner Reem's inquiry by reviewing the responsibility and coordination of median construction on 66th between this development and the Holiday /dental clinic developments. Following discussion, the Commissioners accepted the suggested revision to Condition 16, and the addition of Conditions 17 and 18 as presented, and did not interpose any objections to Application Nos. 98015 and 98016, with the Conditions mutually agreed upon. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98015 - CENTRES GROUP BROOKLYN CENTER, LTD. Commissioner Graydon Boeck introduced the following resolution and moved its adoption: Planning Commission Resolution No. 98 -3: "Resolution regarding Recommending Disposition of Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, Ltd.," amended to include a revision to Condition 16, and the addition of Conditions 17 and 18, as agreed. 7 -16 -98 4 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Stephen Erdmann and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. The complete Resolution No. 98 -3 is made a part of these minutes as an attachment. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98016 - CENTRES GROUP BROOKLYN CENTER. LTD. There was a motion by Commissioner Reem, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 98016, a preliminary plat combining 9 privately owned properties, a city -owned parcel of land, vacated street right -of -way for 65th Avenue North, a portion of Camden Avenue, and the portion of North Lilac Drive controlled by the City of Brooklyn Center into 3 parcels, to be known as the Regal Road Development Addition, 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 drainage and utility easements shall be drafted and filed with the final plat covering the utilities contained within the existing 65th Avenue North right -of- way, the portion of the Camden Avenue North right -of -way to be vacated, and portions of the North Lilac right -of -way controlled by the City also requested for vacation. 4. Appropriate street vacation ordinances must be approved by the City Council prior to final plat approval. 5. The final plat is subject to review and approval of the West Mississippi Watershed Management Commission relating to ponding areas and potentially the need for easement areas also. 6. The applicant shall enter into a subdivision agreement with the City as approved by the City Engineer relating to installation and financing of public improvements required to be completed as a part of this development project. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider these recommendations at its Monday, July 27, 1998 meeting. The applicant must be present. Major changes to the applications as reviewed by the Commissioners will require that the applications be returned to the Commission for reconsideration. 7 -16 -98 5 OTHER BUSINESS FUTURE MEETING DATE At Mr. Warren's request, the Commissioners agreed to cancel its July 30 meeting. Mr. Warren is scheduled for jury duty at that time. The next meeting of the Planning Commission will be on Thursday, August 13, 1998. APPLICATION NO. 98012 Mr. Warren advised of a modification to Application No. 98012, submitted by the Evangelical Lutheran Church of the Master, approved by the Commission at its June 11 meeting. The applicant wishes to construct additional ramping rather than install an elevator as part of remodeling of the Phase II building to achieve handicap accessibility in that building. The Commissioners agreed the modification is an acceptable alternative. COMPREHENSIVE PLAN Mr. Warren directed attention to Comprehensive Plan revisions, dated June 1998, distributed at the meeting. He explained the proposed revisions and responded to questions. There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to accept the revisions to the Comprehensive Plan as presented, for resubmission to the Metropolitan Council. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:48 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 7 -16 -98 6