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.
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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.
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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.
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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.
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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.
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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.
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