Loading...
HomeMy WebLinkAbout1998 11-12 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 NOVEMBER 12, 1998 , CALL TO ORDER The Planning Commission regular meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Ed Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Stephen Erdmann and Sean Rahn were absent. Mayor Kragness attended the meeting. APPROVAL OF MINUTES - OCTOBER 29, 1998 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to approve the minutes of the October 29, 1998 meeting as submitted. The motion passed unanimously with Commissioner Nelson 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. WILLIAM STONER - APPLICATION NO. 98021 - REZONE PROPERTY Chair Willson introduced Application No. 98021, a request to rezone property at 5001 Drew Avenue North from C -2 (Commerce) to C -1 (Service /Office), submitted by William Stoner. This application was filed on 09 -17 -98 requiring City Council action by 11 -16 -98 (60 days); however, the applicant waived the 60 day statutory limitation on 10- 15 -98, and requested this application be carried over to the 11 -12 -98 meeting. Mr. Warren presented the staff report and used transparencies to describe the location of the parcel of land addressed 5001 Drew Avenue North. This application requests down - zoning of the property in order to limit the allowable commercial uses of the land to strictly service /office purposes to allow an expansion of the building and reduce the buffer zone required for general commerce uses. Service /office uses allowed under C -1 zoning are listed in Section 35 -320, subdivisions 1 through 3, of the zoning ordinances. (See attached Planning Commission Application Information Sheets dated 10 -15 and 11- 12 -98.) Mr. Warren described how the application complies with the rezoning evaluation policy and review guidelines as contained in Section 35 -208, based on staff analysis and the applicant's comments 11 -12 -98 1 (letter dated 09- 15 -98). Rezoning to C -1 permits improved utilization of the property because reduced buffer requirements from 35' to 15' will allow for expanded parking and connection of the two buildings on the site as planned by the applicant to achieve more efficient use of the structure and property. Mr. Warren noted that a separate site and building plan for the proposed expansion must be submitted by the applicant. The staff concludes that rezoning this parcel to C -1 (Service /Office) meets the guidelines, is consistent with the comprehensive plan and accepted planning principles, and does not constitute spot zoning. Rezoning of the property limits the use to a less intense commercial purpose and results in a more compatible designation given the surrounding classifications and neighborhood, allows efficient expansion of the site, and is considered to be in the best interests of the community. Mr. Warren recommended approval of Application No. 98021 and reviewed the Resolution drafted for the Commission's consideration which outlines the elements of approval. Mr. Warren explained that as agreed at the 10 -15 -98 meeting, notification regarding the 11 -12 -98 public hearing on this application and a request for comment were sent to the members of the Southwest Neighborhood Advisory Group. Notification was sent to surrounding property owners and published in the Sun/Post Chair Willson called for questions from the Commissioners. Commissioner Boeck supported the intent of the rezoning as described in the staff report. PUBLIC HEARING - APPLICATION NO. 98021 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing at 7:55 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Ms. Yvonne Quady, 4725 Twin Lake Avenue North, member of the Southwest Advisory Group, stated the application and related plans sound "good" but she did not know how others in the neighborhood viewed the application. It was noted that a resident from the area had questions which were answered at the 10 -15 -98 meeting. He did not oppose the application. Chair Willson called for other comments from the public. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98021. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to close the public hearing on Application No. 98021 at 7:58 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98021- WILLIAM STONER - REZONING Commissioner Boeck introduced Planning Commission Resolution No. 98 -05 "Resolution Regarding Recommended Disposition of Planning Commission Application No. 98021 submitted by William R. Stoner" and moved its adoption. The motion for the adoption of the resolution was duly seconded by Commissioner Newman and upon vote being taken thereon, the following voted 11 -12 -98 2 in favor thereof: Chair Willson, Commissioners Boeck, Nelson, Newman, and Reem, and the following voted against the same: None; whereupon said Resolution was declared duly passed and adopted. (Planning Commission Resolution No. 98 -05 is made a part of these minutes by attachment.) The Council will consider the recommendation at its November 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 reconsideration. APPLICATION NO. 98023 - SPEEDWAY SUPERAMERICA LLC - PRELIMINARY PLAT APPLICATION NO. 98024 - SPEEDWAY SUPERAMERICA LLC - SITE AND BUILDING PLAN /SPECIAL USE PERMIT Chair Willson introduced Application No. 98023, a request for preliminary plate approval to transfer property from the Regal Road Addition to the SuperAmerica (SA) site, and Application No. 98024, a request for approval of site and building plans and a special use permit, both submitted by Speedway SuperAmerica LLC. Both applications were filed on 10 -22 -98 requiring Council action by 12 -21 -98 (60 days). Mr. Warren suggested and the Commissioners agreed to consider both SuperAmerica applications concurrently and to conduct a combined public hearing on Application Nos. 98023 and 98024. APPLICATION NO. 98023 Mr. Warren presented the staff report using transparencies to describe the location of the property to be transferred through mutual negotiations from the Regal Road Addition to the Super America site at 6545 Wet River. The purpose of the transfer is to "square out" the SuperAmerica site to accommodate a proposed car wash expansion (Application No. 98024). (See attached Planning Commission Information Sheet, application No. 98023, dated 11- 12 -98.) This preliminary plat includes a 25'x 320'strip of land added to the south portion of the SA site, and a 14' x 75' strip of land added to the west portion of the SA site. Mr. Warren noted that the resulting Regal Road Development Addition plat must be filed prior to filing of the expanded SA plat. Drainage and utility easements are shown on the plat. Watershed Commission review is not necessary for this expanded plat. Mr. Warren stated the preliminary plat appears to be in order and recommended approval subject to 4 conditions outlined in the staff report. A public hearing on the application has been properly noticed. Chair Willson called for questions from the Commissioners. Commissioner Boeck inquired about the location of the utility easements on Lot 1 and whether access has been agreed upon. Mr. Warren pointed out the easements on the drawings and stated that an access agreement has been formalized between SA and the Centres Group. Commissioner Nelson asked about the status of Watershed Commission approval for the theater property. Mr. Warren explained that both the above ground pond and the underground system were approved by the Council, however, the Watershed continues to analyze the feasibility of the underground system. He also noted the Centres Group is moving ahead with the above ground pond plan for drainage on 11 -12 -98 3 its property and recent plans reflect the anticipated transfer of the small parcels to the SuperAmerica site. APPLICATION NO. 98024 Mr. Warren presented the staff report using overhead transparencies to describe the location and site and building plans for construction of a 24' x 36' freestanding car wash addition to the existing SA site, 6545 West River Road. (See attached Planning Commission Information Sheet, application No. 98024, dated 11- 12 -98.) This car wash site, zoned C -2 (Commerce) is made possible by the transfer of small portions of property from the Regal Road Addition property described in Application No. 98023. Gasoline stations and auto washes are special uses in the C -2 zoning district and car wash operations are allowed in a separate building constructed with materials including exterior treatment comparable to the principal building. Circulation to the car wash building is from east to west on the south side of the exiting building and includes a stacking lane and a bypass lane. One -way directional signage is recommended to avoid site congestion. A new shared access to SA and the future restaurant site on the west has been installed. A right turn only access is located easterly of the new shared access. Parking modifications on the site include a landscape /trash enclosure /parking area to the west and north of the car wash. Parking requirements exceed the minimum required. Bollards constructed on the south property line will separate SA property from the theater property and obstruct shortcuts across the property line. Little change is made in the existing grading, drainage, and utilities on the site. Mr. Warren noted, however, that the required 15' green strip must be provided in the area between the two accesses from 66th Avenue. Watershed Commission review is not necessary as the site is less than 5 acres in area. Additional landscaping on the site is described in the landscape plan and exceeds the required points. Exterior building materials will be brick to match the existing building. Solid opaque gates on the north side will enclose the trash area. Mr. Warren referred to a 10 -29 -98 letter from the applicant's attorney that explains how they believe their proposal meets the special use standards (Sec. 35 -220, Subd. 2). It was noted that the car wash operations requires no variances and completely conforms to applicable City regulations. The staff concurs with the comments made supporting approval of the special use permit and concludes that the standards can be met provided other conditions imposed by the City are met. Based on these conclusions, Mr. Warren recommended approval of the site and building plans and the special use permit requested under Application No. 98024, subject to conditions outlined in the staff report. A public hearing on the application, properly noticed, is scheduled at this meeting. Chair Willson called for questions from the Commissioners. Mr. Warren respond to questions regarding the shared access and median on 66th Avenue, delineated the new property lines, updated the status of the ponding area for the theater parcel, pointed out the parking spaces on the SA site and the exit from the car wash, and reiterated the purpose of the bollards on the site. PUBLIC HEARING - APPLICATION NOS. 98023 AND 98024 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to open the public hearing on Application Nos. 98023 and 98024 at 8:57 p.m. The motion passed unanimously. 11 -12 -98 4 Chair Willson called for comments from the public. Mr. Michael Cronin, Michael Cronin & Associates, Minneapolis MN, representing the applicant, introduced Messrs. Roman Mueller and Gayle Beldon, who are available to answer questions. Mr. Cronin requested approval of the Applications and accepted the City's conditions attached to each application. Commissioner Reem inquired what the car wash operating hours will be. The car wash will be open during the same hours as the station store. In response to Commissioner Boeck's question, SA store manager Beldon stated he was not acquainted with the manager of the new Holiday Store across the street. Mr. Cronin expressed appreciation to the City staff for their cooperation and patience. Chair Willson called for additional questions from the public. No other individuals from the public appeared before the Planning Commission during the public hearing on Application Nos. 98023 and 98024. There were no further questions from the Commissioners. CLOSE PUBLIC HEARING - APPLICATION NOS. 98023 AND 98024 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing at 9 p.m. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98023 - SPEEDWAY SUPER AMERICA LLC There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 98023, a preliminary plat request submitted by Speedway Super America LLC, for approval to transfer property from Regal Road Addition to the SuperAmerica site at 6545 West River Road, 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 shown over the proposed Lot 1, Block 1, to protect existing sanitary sewer in a manner acceptable to the City Engineer. 4. Appropriate driveway and cross access easements indicating the relationship between the proposed Lots 1 and 2 shall be filed with the final plat for this property. Voting in favor: Chair Willson, Commissioners Boeck, Nelson, Newman, and Reem. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98024 - SPEEDWAY SUPERAMERICA LLC There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98024 submitted by Speedway SuperAmerica LLC 11 -12 -98 5 for site and building plan approval and a special use permit to construct a freestanding car wash addition to the existing Super America site at 6545 West River Road, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed and maintained in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas in accordance with requirements of the City's zoning ordinance. 8. A special use permit is granted to Speedway SuperAmerica LLC for the construction of a car wash in conjunction with its already existing gasoline service station/convenience store. Any expansion or alteration of the use shall require an amendment to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 10. The plans shall be modified prior to the issuance of building permits to show a 15 ft. green strip along the 66th Avenue right -of -way in accordance with the requirements of the zoning ordinance. 11. Appropriate one way directional signery shall be provided at the southeast and southwest corners of the site to indicate one way traffic. 12. The final plat comprehended under Planning Commission Application No. 98023 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 13. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11 -12 -98 6 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. Voting in favor: Chair Willson, Commissioners Boeck, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendations for Application Nos. 98023 and 98024 at its November 23, 1998 meeting. The applicant(s) must be present. Major changes to the application(s) as reviewed by the Commissioners will require that the application(s) be returned to the Commission for reconsideration. Chair Willson recessed the meeting at 9 p.m. and reconvened at 9:15 p.m. APPLICATION NO. 98025 - BROOKDALE CORNER LLC Chair Willson introduced Application No. 98025, submitted by Brookdale Corner LLC, a request for preliminary plat approval to combine three parcels of land into a single parcel to be known as Lot 1, Block 1, Brookdale Corner Addition. The land includes the site of the Westbrook Mall and the Dayton's Home Store located at the southwest corner of Cty. Rd. 10 and Xerxes Avenue North. The applicant wishes to file the plat before the end of 1998. This application was filed on 10 -22 -98 requiring City Council action by 12 -21 -98 (60 days.). Mr. Warren presented the staff report using a transparency to show the location of the parcels to be combined. (See Planning Commission Information Sheet, Application No. 98025, attached dated 11- 12 -98.) These properties are zoned C -2 (Commerce) and are currently the site of the Westbrook Mall and the Dayton's Home Store. Under Section 35 -540 of the zoning ordinance, multiple contiguous adjacent parcels of land shall be combined into a single parcel when it is proposed to serve a single development use and is under common ownership. The purpose of this combination requested by Brookdale Corner LLC who recently acquired the parcels is to clear the sites for construction a Cub Food Store and other retail operations. A separate application for development plans needs to come before the Commission and Council for consideration and approval prior to construction. The 12.859 acre plat will be known as Lot 1, Block 1, Brookdale Corner Addition and includes dedication for Brooklyn Boulevard right -of -way and Xerxes Avenue North right -of -way. Additional right -of -way for County Rd 10 improvements is also necessary. Watershed commission review of the application is probably not required at this time, however, the City Engineer in reviewing the plat will confirm this. Mr. Warren stated the proposed preliminary plat appears to be in order and recommended approval of the application subject to conditions outlined in the staff report including condition No. 4 added during the presentation. A public hearing, properly noticed, is schedule at this meeting. Chair Willson called for questions from the Commissioners. 11-12-98 7 In response to Chair Willson's inquiry, Mr. Warren stated that to date Brookdale Corner LLC has not been successful in acquiring the adjacent parcel on which an office building is located, and noted that parcel is owned by a different company. Commissioner Reem asked whether Hirshfield's is included h it is included however that building will not be parcel. Mr. Warren indicated that in the combined p g demolished; only the Dayton's Home Store and the Westbrook Mall main building are scheduled for demolition. Mr. Warren responded to questions from Commissioner Boeck regarding the specifics of the Tract descriptions, utility connections, and other easements that may be required. Commissioner Nelson questioned the width of the access to the site from 56th Avenue. Mr. Warren indicated it is likely 24 to 30 feet wide. PUBLIC HEARING - APPLICATION NO. 98025 There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to open the public hearing on Application No. 98025 at 9:32 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. John Johannson, Welsh Companies, Minneapolis, MN, representing the applicant, requested approval of the preliminary plat in order that the final plat may be filed by the end of the year for tax purposes. He indicated that in consultation with City staff, additional required rights of way and dedications will be included in the final plat. Mr. Johannson briefly commented on the future plans for the re- development, answered questions on those plans, and indicated an application will be made in January/February 1999. He noted that design plans will take into consideration possible future acquisition of the parcel containing the office building. Chair Willson called for additional comments from the public. No other individuals appeared before the Commission at the public hearing on Application No. 98025. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing at 9:41 p.m. The motion passed unanimously. Chair Willson called for additional questions from the Commissioners. Commissioner Boeck referred to the comments contained in City Engineer Scott Brink's 11 -09 -98 memorandum regarding site improvements. Mr. Warren indicated those issues will be covered in the site plan application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98025 - BROOKDALE CORNER LLC There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 98025, submitted by Brookdale Corner LLC, a request for preliminary plat approval to combine 3 parcels of land into a single parcel, comprised of the site of the current Westbrook Mall and the Dayton's Home Store, located at the southwest corner of Cty Rd 10 and Xerxes Avenue North, 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. 11 -12 -98 8 3. The preliminary and final plats shall be modified to indicate the proper underlying legal description of Tract A, RLS 1235 over the area that encompasses the Westbrook Mall. 4. Additional right -of -way for County Road 10 improvements„ shall be included in the final plat consistent with the City Engineer's recomendations. Voting in favor: Chair Willson, Commissioners Boeck, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its November 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 reconsideration. APPLICATION NO. 98026 - CSM CORPORATION Chair Willson introduced Application No. 98026, submitted by CSM Corporation, a request for site and building plan approval for an office building with a drive up facility for a credit union, located on Northway Drive, north of Cty Rd 10. This application was filed on 10 -29 -98 requiring City Council action by 12 -28 -98 (60 days). Mr. Warren presented the staff report and used transparencies to describe the location of the property and site and building plans. (See attached Planning Commission Information Sheet, Application No. 98026, dated 11- 12 -98.) The property this site is located on is zoned C -lA (Service /Office -no height limitation). This new building along with two existing one -story office buildings are part of a 5- building office complex approved in 1986, reconfigured in 1990, and further modified in 1993. Because the most recent modification did not result in building construction, the applicant now proposes to return to the 1986 configuration and plans to construct a 6000 sq. ft. building on the easterly foundation already installed. Mr. Warren stated that many required site improvements have already been installed based on the 1986 plan. He reviewed the access and parking plan for the site, the established utilities and drainage patterns, and described the landscape plan. The building exterior and east and west side canopies will be face bricked to match the existing buildings. The lighting plan meets the standards of the zoning ordinance. Trash facilities should be shown on the plan. Mr. Warren also noted that the existing trash container for the existing buildings must be screened. Based on the staff analysis of the site and building plans, Mr. Warren stated the application is in order and recommended approval subject to conditions outlined in the staff report. A public hearing is not required on this application. Chair Willson called for questions from the Commissioners. Commissioner Reem inquired about responsibility for maintenance of the fence on the north side of the property. Mr. Warren reported that CSM Corporation, owner of the existing buildings, is responsible for the fence and site maintenance. Mr. Warren described the various parcels and buildings on the property in response to Commissioner Boeck's question. Commissioner Newman inquired about plans for the remaining two foundations. The applicant stated the 4th and 5th buildings will be constructed upon market demand. Mr. Warren explained that the gaps in the fence were established at the street endings and 11 -12 -98 9 allow for pedestrian access. It was noted that the site does not have room for vehicle sales similar to those conducted at other credit unions under administrative permit. The NSP employees credit union will occupy the new building. The Commissioners interposed no objections to approval of Application No. 98026. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98026 - CSM CORPORATION There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98026, a request submitted by CSM Corporation, for site and building plan approval for construction of a 6000 sq. ft. office building with a drive up facility for a credit union, on Northway Drive, north of County Road 10, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and financial guarantee in an amount to be determined based on cost estimates shall be provided prior to the issuance of building permits for this project. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. Underground irrigation systems shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall provide an as built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city engineering department. Voting in favor: Chair Willson, Commissioners Boeck, Nelson, Newman, and Reem. The motion passed unanimously. 11 -12 -98 10 The Council will consider the recommendation at its November 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 reconsideration. OTHER BUSINESS FUTURE MEETING DATES The next meeting of the Planning Commission will be on Thursday, December 3, 1998. A joint meeting with the Council is scheduled for Thursday, December 17, 1998. The 1999 meeting schedule will be distributed to the Commissioners in December. COMMISSION MEMBERSHIP Information will be forwarded to the Council regarding reappointments of Commissioners whose terms expire 12 -31 -98 and for appointment of a replacement for Commissioner Nelson, who was elected to the position of Councilmember effective 01- 01 -99. 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 10:12 p.m. Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial, Inc. 11 -12 -98 11