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HomeMy WebLinkAbout1998 09-10 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 SEPTEMBER 10, 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 Ed Nelson, Rex Newman, Sean Rahn, 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. Commissioners Graydon Boeck and Stephen Erdmann were excused. APPROVAL OF MINUTES - AUGUST 13, 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to approve the minutes of the August 13, 1998 meeting, amended on page 1, paragraph 5, first sentence to read: " Commissioner Boeck explained the Planning Commission's role as an advisory body." The motion passed unanimously. (New language underscored.) Commissioner Nelson requested use of "Ed Nelson" rather than "Edward Nelson." 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. DAVE PHILLIPS. PHILLIPS ARCHITECTS - APPLICATION NO. 98017 Chair Willson introduced Application No. 98017, a request for rezoning and site and building plan approval through the Planned Unit Development (PUD) process to expand the Brookdale Chrysler Plymouth dealership at 6121 Brooklyn Boulevard and interim use of 6107 Brooklyn Boulevard for storage and display of new and used car inventory. The Commission tabled this application on August 13 and referred it to the West Central Neighborhood Advisory Group which met on September 2 to review the matter. On August 13, the applicant waived the 60 day statutory requirement for Council action on zoning applications to allow time for proper review of the application. Mr. Warren presented the staff report which describes the location, and site and building plans for the addition for automobile service and repair and a car wash, and use of the 6107 Brooklyn 9 -10 -98 1 Boulevard property as a parking facility for vehicle inventory. (See Planning Commission Information Sheets dated 08 -13 -98 and 09 -10 -98 attached, and Planning Commission meeting minutes dated August 13, 1998.) Mr. Warren explained the issues related to rezoning of the properties. The staff concludes that the request meets City zoning guidelines and finds that negative aspects are appropriately offset by the features included in the applicant's plans and allow Mr. Bartram, the owner of the 6107 property, to make use of that parcel, and to expand the automobile dealership as described in the application. Rezoning of the area to PUD /C -2 for commercial retail or general commerce redevelopment is prescribed in the City's Comprehensive Plan, and a similar rezoning request submitted in 1993 (though not pursued by the applicant at that time) received Council approval. Mr. Warren reviewed the applicant's revised site plan showing how the two sites, while not being combined, interrelate with each other through the use of a common access from Brooklyn Boulevard, and closing of the existing access to the 6107 property. It was pointed out that in addition to the expansion of the dealership by construction of the service garage and car wash, internal remodeling of the existing building will take place. This renovation includes revamping of the showroom, offices, bathroom facilities, and customer lounge and will meet requirements of the Americans with Disabilities Act. The existing used car building on the site will be demolished. The revised landscape plan submitted by the applicant was described. Existing landscaping, new additional landscaping and screening will be provided along 62nd Avenue North, on the off -site parking lot, and in the area of the service garage expansion. In addition to shrubs, trees and extended and new 6 ft. fencing placed strategically on the sites, ivy /vine plantings will be use to soften the impact of the southerly wall of the new addition. The revised landscape plan is designed to mitigate the effects of encroachment into the 35 ft. greenstrip and expansion of the service garage adjacent to residential property. The applicant will also plant trees along Brooklyn Boulevard and will work with staff to determine the precise planting locations to ensure consistency with the Boulevard streetscape plans. Mr. Warren stated the application, including the revised landscape and site plan, appears in order and suggested the Commission recommend approval to the City Council. He noted the West Central Advisory Group supports approval of the application. Mr. Warren reviewed proposed Planning Commission Resolution No. 98 -04, which describes Application No. 98017, provides background and findings, and prescribes considerations and conditions of approval. Notice of the continued public hearing on this appeared in the Sun/Post and adjacent property owners were notified. Chair Willson called for questions from the Commissioners. Commissioner Newman inquired whether berming could be used in conjunction with a 4 ft. fence to accomplish the desired 6 ft. screening. Mr. Warren indicated that could be considered acceptable. 9 -10 -98 2 In q response to Chair Willson's inquiries, Mr. Warren described the differences between the current application and the application considered in 1993 and the rationale for consideration of this application through the PUD process. Mr. Warren pointed out that because the 6107 parcel does not meet requirements for future C -1 development by itself, this is a step toward future development of that parcel through combination of an adjacent lot, zoned C -1 which contains a legal non - conforming home, and two R -1 lots facing 61st Avenue North. The PUD process gives the City development flexibility and control. Commissioner Reem asked whether a specific length of time is associated with "interim" use of the 6107 parcel by the dealership for off -site parking. Mr. Warren clarified there is no time frame specified so that maintenance and allowed use of that parcel continues until conditions arise for combining the parcel for future development. Mr. Warren provided additional information on trash facilities and lighting on the site. PUBLIC HEARING CONTINUED - APPLICATION NO. 98017 There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to re -open the public hearing at 8:22 p.m. and return Application No. 98017 to the table. The motion passed unanimously. Commissioner Newman, liaison to the West Central Advisory Group, reported on the Group's September 2 meeting. Two of the three members were in attendance along with other interested neighborhood residents. Noting that expansion of the dealership is good for the City and for the business, does not make any appreciable changes to the existing facility, the members recommended approval of the application. Chair Willson called for comments from the public. Mr. Jerry Tachney of 3606 -61 st Avenue North requested additional information regarding the 6 ft. screen fence. The fence will be opaque and likely constructed of solid wooden boards. He expressed concern regarding the slight encroachment into the buffer zone, stating that the neighborhood argued against that in connection with the 1993 application. He expressed thanks to Mr. Bartram (owner of the Chrysler dealership) for his cooperation with the neighbors. Mr. Dave Phillips, the applicant representing Mr. Bartram, stated acceptance of the conditions and considerations attached to the application and requested the Commission's approval of the project. Commissioner Nelson questioned the need for the extra 10' encroachment into the setback area on the west side of the existing service garage. Mr. Phillips explained that completion of the necessary capital improvements, involve the constraint of utilizing the existing building, meeting ADA requirements, accommodating staff relocations, expansion of the service area with acceptable exit doors to accommodate customers, and demolition of the used car building. The existing building already encroaches into the setback area and the new building will continue along that line. Additional landscaping will be provided and the masonry wall, which will have no doors, will be softened with ivy /vine growth. 9 -10 -98 3 Commissioner Rahn inquired about proposed lighting for the 6107 parcel. Mr. Phillips indicated that as prescribed by the conditions and in consultation with the staff, it is likely photometric fixtures will be installed to avoid light spillage to residential properties. Commissioner Reem asked about the maintenance of the area adjacent to Wangstad Park. Mr. Phillips stated there are many trees in that area, the grass is mowed and the fence is maintained. Mr. Phillips stated he would work with the staff to develop an acceptable fence/berm combination to provide 6 foot screening on the west side of the 6107 property, if that was preferred. Mr. Bill Bartram, owner of the Chrysler franchise and the 6107 Brooklyn Boulevard parcel, stated he was available to answer Commissioners' questions. Commissioner Newman inquired about the outdoor paging system used. Mr. Bartram explained the system is currently not used during the evening hours and other adjustments can be made as needed. He further expressed his continued willingness to work with the adjacent neighborhood to remedy concerns or nuisances that may arise from his property and business. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98017. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to close the public hearing on Application No. 98017 at 8:40 p.m. The motion passed unanimously. PLANNING COMMISSION RESOLUTION NO. 98 -04 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98017 - DAVE PHILLIPS Commissioner Nelson introduced the following resolution and moved its adoption: "Planning Commission Resolution No. 98 -04, Resolution regarding recommended disposition of Planning Commission Application No. 98017 submitted by Dave Phillips on behalf of Brookdale Chrysler Plymouth." The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Newman and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Nelson, Newman, Rahn, and Reem, and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Resolution 98- 04 is made a part of these minutes by attachment. The Council will consider the recommendation at its September 28, 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 reconsideration. JOSEPH LAMPE AND ERNEE MCARTHUR. APPLICATION NO. 98018 Chair Willson introduced Application No. 98018, a variance request, submitted by the residents of 2118 -55th Avenue North, to allow subdivision of land by metes and bounds description rather than 9 -10 -98 4 by a formal plat. The application was filed on 08 -13 -98 and City Council action should be taken by 10 -12 -98 (60 days). Mr. Warren presented the staff report (Planning Commission Information Sheet, Application No. 98018, dated 09- 10 -98, attached). The applicants propose to divide into 9 separate tracts the 16 -1/2 ft. x 675 ft. strip of land located on the back lot lines of properties facing 55th Avenue North and Ericon Drive. Each parcel would be 75 ft. wide and coincide with the property lines of the 9 lots abutting 55th Avenue North. The purpose of the division is to create the parcels for conveyance to the adjacent homeowners. According to the applicants, 5 homeowners have signed purchase agreements to acquire the lots adjacent to their respective property. Upon request to the city assessor these parcels can be combined for tax purposes and would be considered a single parcel for setback and building purposes. Mr. Warren explained how the applicants' request for subdivision, by variance from the City's ordinance which requires platting or registered land survey, meets the standards of undue hardship, under which the variance may be granted. The applicants point out that a metes and bounds subdivision allows adjacent landowners to legally utilize the parcel, gives the owner the right to sell segments of the parcel, and gives those homeowners the opportunity to enhance the value and usefulness of their existing property. In addition, the cost of the replatting process and time expended appears unnecessary to accomplish this land division. Mr. Warren recommended approval of the application, (subject to certain conditions outlined in the staff report) because it meets the variance standards and meets and bounds division policy, there is precedence for such action, no new buildable lots will be created, the land is platted property, and lot area requirements are met. The public hearing on this application has been properly noticed. Chair Willson called for questions from the Commissioners. Mr. Warren answered questions regarding the utility easements on the parcels which already exist, reiterated the city's policy on variances by metes and bounds and the "combination for tax purposes" action. PUBLIC HEARING - APPLICATION NO. 98018 There was a motion by Commissioner Rahn, seconded by Commissioner Newman, to open the public hearing at 9:10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicants were available to answer any questions. They stated appropriate drainage and utility easements for all the parcels have already been filed and approved by the City Engineer. Earl Shenk, 2123 Ericon Drive, expressed concern regarding accessibility to the parcels by utility companies such as NSP to make prompt repairs and/or service the lines and transformers, particularly if homeowners construct fences on the parcels. Mr. Warren stated that a protected 10' utility easement exists. Further, he observed that use of the homeowners property in combination 9 -10 -98 5 with the added parcel must meet ordinance setback requirements, therefore, adequate space for utility servicing is assured. Marjorie Anderson, 2112 -55th Avenue North, inquired whether the combined property requires two separate titles for purposes such as insurance. Mr. Warren stated yes. The resident inquired about access to the small parcel other than for utility service. Mr. Warren explained that an owner can deny access to his property, and may use it for whatever legal purpose they desire. Diane Shenk, 2123 Ericon Drive, commented on current and future maintenance of the parcels. Homeowners acquiring the parcel adjacent to their property would maintain it as part of their current property and the applicants /owners would continue to maintain those parcels not acquired. Henry Swanson, 2300 -55th Avenue North, indicated he was glad to have somebody (the applicants) take action on the narrow parcel and get it cleaned up. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98018. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to close the public hearing on Application No. 98018 at 9:30 p.m. The motion passed unanimously. Chair Willson called for further questions from the Commissioners. Commissioner Nelson inquired whether there were any encumbrances on the property. Mr. Warren stated the City bears no risks under this Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98018 - JOSEPH LAMPE AND ERNEE MCARTHUR There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 98018, submitted by Joseph Lampe and Ernee McArthur, for a variance to subdivide by metes and bounds a 16 -1/2 ft. x 675 ft. strip of land located west of Oliver Avenue North between 55th Avenue North and Ericon Drive on the grounds that the Standards for Variances and the policy for subdivisions by metes and bounds descriptions are met, subject to the following conditions: 1. The legal descriptions and survey showing the division of the 16 -1/2 ft. x 675 ft. parcel of land shall be filed with Hennepin County. 2. Once these legal descriptions have been established, the City Assessor is authorized to allow combinations of adjacent parcels for tax purposes. 3. The utility easement located within adjoining parcels shall be vacated as prescribed by City Ordinances. 9 -10 -98 6 Voting in favor: Chair Willson, Commissioners Nelson, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its September 28, 1998 . meeting. The applicants must be present. Major changes to the application as viewed by the Commissioners will require that the application be returned to the Commission for re- consideration. Chair Willson recessed the meeting at 9:35 p.m. and reconvened the meeting at 9:45 p.m. CENTRES GROUP BROOKLYN CENTER. LTD. - APPLICATION NO. 98019 Chair Willson introduced Application No. 98019, submitted by Centres Group Brooklyn Center, LTD. This application is an amendment to a Planned Unit Development previously approved to provide for an alternative storm water detention plan on property located south of 66th Avenue North, east of Camden Avenue North, and north and west of Interstate 694 and T.H. 252. The application was filed on 08 -14 -98 and Council action should be taken by 10 -13 -98 (60 days). The approved plan for the 16.72 acre site provides for construction of a 20 screen theater and for two additional sites for future commercial development. Mr. Warren presented the staff report. (See Planning Commission Information Sheet, Application No. 98019, attached.) The PUD rezoning and site and building plan for the property was approved by the Council under its Resolution No. 98 -133 on July 27, 1998 (Planning Commission Application No. 98015). As part of this approval an underground water detention and treatment system (Plan A) was approved as part of the grading, drainage and erosion control plan, subject to acceptance by the West Mississippi Watershed Management Commission. Because the Watershed Commission has not previously considered a plan of this type, it tabled action on the matter at its August 13 meeting. Therefore, the applicant is proceeding with this application to seek approval for an alternate drainage plan (Plan B) as well as the underground plan in order that the project can continue forward on a timely basis. The applicant also submitted this alternative plan to the Watershed Commission. Mr. Warren described Plan B which calls for a traditional pond located at the northeasterly portion of the property, just south of the Super America property. The site will be graded and will drain to catch basins which will convey water to the holding pond through the storm sewer. The City Engineer has accepted Plan B as submitted. Mr. Warren stated the plans are in order and recommended approval of the amendment acknowledging both Plan A and Plan B, as well as acknowledging the findings, considerations and conditions contained in Council Resolution No. 98 -133, and subject to an additional condition #16, outlined in the staff report. A public hearing on this matter has been scheduled and appropriate notice has been given. Chair Willson called for questions from the Commissioners. Commissioner Reem inquired whether the size of the site that is reduced because of moving parking to that area displaced by the traditional 9 -10 -98 7 pond system will be adequate for development. Mr. Warren indicated that while it will be smaller, it can still be utilized as a potential restaurant site. Mr. Warren added that the applicants continue negotiations with the MN Department of Transportation for acquisition of additional property owned by the State, which if successful will result in more space on the entire site. Commissioner Rahn asked whether Super America has commented on Plan B. Mr. Warren stated there has been no comment from them, however, he noted that Plan B would provide a physical barrier between the two developments. He also noted that negotiations on a mutual driveway access continues. PUBLIC HEARING - APPLICATION NO. 98019 - CENTRES GROUP BROOKLYN CENTER, LTD There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 98019 at 10:08 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Terry Moses, representing the applicant, stated that at its meeting today (09- 10 -98), the Watershed Commission approved Plan B. With respect to Plan A, the Commission requested a 30- day extension period to allow formulation of rules, etc. for an underground detention facility. Construction on the theater will begin this fall and the remainder will begin in the spring, therefore, a final decision on the drainage plan can be deferred until early 1999. Chair Willson inquired why the applicant would not move the parking displaced by the pond to the larger site on the westerly part of the property. Mr. Moses explained that it provides for better traffic flow and parking management. In response to Commissioner Reem's inquiry regarding potential restaurants for the property, Mr. Moses indicated that Broadway Pizza and others have expressed interest for establishing sit -down restaurants. No other individuals from the public appeared before the Commission during the public hearing on Application Nos. 98019. CLOSE PUBLIC HEARING - APPLICATION NO.98019 There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to close the public hearing at 10:15 p.m. The motion passed unanimously. Chair Willson called for additional comments from the Commissioners. Commissioner Nelson questioned why this application is not being brought before the Neighborhood Advisory Group. Mr. Warren replied that this amendment is a technical change relating to grading and drainage, and for this reason, it is not recommended that the Neighborhood Advisory Group be called upon to comment on this aspect of the plan. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98019 - CENTRES GROUP BROOKLYN CENTER LTD. 9 -10 -98 8 There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98019, an amendment to Application 98015, to authorize a Plan A and a Plan B drainage option subject to the same findings, considerations and conditions contained in Council Resolution No. 98 -133, and further subject to the following condition: 16. The final plat comprehended under Planning Commission Application No. 98016 shall be modified prior to approval by the City Council if the grading, drainage, and erosion control plan identified as Plan B is pursued. Voting in favor: Chair Willson, Commissioners Nelson, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, September 28, 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. OTHER BUSINESS FUTURE MEETING DATE Mr. Warren mentioned agenda items for the Commission's meeting /study session on Thursday, September 24, 1998. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:20 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 9 -10 -98 9