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HomeMy WebLinkAbout2012 04-12 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 SESSION APRIL 12, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:01 p.m. ROLL CALL Chair Sean Rahn, Commissioners Scott Burfeind, Kara Kuykendall, and Michael Parks were present. Also present Councilmember Carol Kleven, were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino, Carlos Morgan and Stephen Schonning were absent and excused. APPROVAL OF MINUTES—MARCH 29, 2012 There was a motion by Commissioner Parks , seconded by Commissioner Kuykendall, to approve the minutes of the March 29, 2012 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Rahn 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. APPLICATION NO. 2012-002 PAUL HYDE (REAL ESTATE RECYCLING) Chair Rahn introduced Application No. 2012-002, a request for PUD/Rezoning from C-2 (Commerce) to PUD-MIXED C-2/1-1 (Commerce/Industrial Park), along with a proposed concept development plan for a new 90,000 sq. ft. office/manufacturing/warehouse facility located at 4001 Lakebreeze Avenue North. Mr. Benetti presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4- 1-2-12 for Application No. 2012-002.) Mr. Benetti explained that prior to the request for rezoning, the City's 2010 Comprehensive Plan was amended to allow a Mixed Use/OS/I (Office-Service, Business/Industrial) land use category that adds an industrial element to the underlying land use allowing the manufacturing and warehouse components for this new development. He added that the subject site currently consists of 8.67 acres of vacant land, formerly a Lifetime Fitness facility and a Denny's Restaurant. Mr. Benetti stated that during preliminary testing and soil investigations of the subject site, RER discovered some potential volatile organic compounds and petroleum compounds which may require soil clean up and remediation work. He added that a $50,000 grant was received from DEED in December 2011 to assist with the investigation and clean up and Mr. Hyde is soliciting other grants for additional required clean up. Mr. Benetti stated that a replatting of the property will be considered by the Commission at a future meeting and this application is for PUD and conceptual site plan approval only. Mr. Benetti reminded the Commission that a land use amendment to the City's Comprehensive Plan was previously approved by the Metropolitan Council to allow the rezoning for this redevelopment to take place. PUBLIC HEARING—APPLICATION NO. 2012-002 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2012-002, 7:12 at p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Paul Hyde, Real Estate Recycling, introduced himself to the Commission. Commissioner Parks asked Mr. Hyde if this rezoning will give them the best opportunity for a successful redevelopment of this site. He further stated that he'd like the applicant to `emphasis' the building since this location is a gateway to the city. Mr. Hyde stated that they have examined several site plan layouts for this site and have attempted to display the most attractive part of the building along Hwy 100 with no traffic on Azelia Avenue. Chair Rahn asked about the status of clean up on the site. Mr. Hyde responded that he has completed three superfund site projects, more than anybody in the country. He added they have applied for additional funds to help remediate the site since the discovery of extensive PAH compounds, probably left behind from highway projects, were found on the site. He added they plan to start clean-up work by July 1, 2012 and anticipate starting construction a few weeks later to deliver the building on a clean site the first part of December. Mr. Paul Keicker, 4701 Azelia Avenue, asked about any studies done on the extension of the bike trail since it will be located directly next to his property. He stated that he bought his home since it is a quiet location and the addition of the trails will add foot traffic close to his property. He also asked about the retaining wall, status of existing trees and the impact of the pond that will be 200 ft. from his property. Chair Rahn responded that this is a conceptual plan and some of those issues will be addressed during final site plan review and approval. Mr. Benetti explained that the goal is to take the Twin Lake Regional Trail where it dead ends at the park and bring it to Lakeside Avenue connecting at the SW corner of the site along the back end to the east side of Azelia Avenue. He added that they have not finalized how this will all work together but the city is working with Three Rivers Park District and Metropolitan Council on the design of the trail connection. He further added that this is slated for 2015 construction and is part of a regional trail funded with federal dollars. 4-12-12 Page 2 Chair Rahn added that the trail will be an amenity to the area once the trail and landscaping is complete. Mr. Hyde responded to Mr. Keicker's questions by stating that they are putting up a cedar fence along the residential area along with a significant change in grade to provide adequate screening from the residential area. He added that the pond will have rain water that runs off the roof to allow sediment to be treated before it runs into the watershed. No other persons from the public appeared before the Commission during the public hearing on Application No. 2012-002. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks , seconded by Commissioner Burfeind, to close the public hearing on Application No. 2012-002, at 7:24 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING LLC FOR THE REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE NORTH FROM C2 (COMMERCE) TO PUD-MIXED C2/I-1 (PLANNED UNIT DEVELOPMENT-MIXED COMMERCE AND INDUSTRIAL PARK) There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve Planning Commission Resolution No. 2012-04. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, and Parks And the following voted against the same: None The motion passed unanimously. The Planning Commission will consider the development plan/site and building plan for this proposed PUD at their April 26, 2012 meeting. The Council will initially consider the rezoning element of this application at its April 23, 2012 meeting, whereby Council will receive this favorable recommendation and asked to set a public hearing at the May 14, 2012 Council meeting. At this meeting, the Council will give final consideration this proposed Planned Unit Development, which shall include the rezoning and the final development/site plan of the subject site. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 4-12-12 Page 3 APPLICATION NO. 2012-004 CITY OF BROOKLYN CENTER Chair Rahn introduced Application No. 2012-004, a proposed amendment to the City of Brooklyn Center's 2030 Comprehensive Plan Update by changing an "PS-Public and Semi- Public" land use designation to "MF-Multi-Family (High Density)" for the property located at 5401 — 69th Avenuenue North (Maranatha Homes Care Center property). (See Planning Commission Information Sheet dated 4-12-12 for Application No. 2012-004.) Mr. Benetti explained that the requested change will help facilitate a separate request for rezoning of the Maranatha site. He added that if the Planning Commission and City Council accepts the recommendation, Staff will submit an application to the Metropolitan Council as required by the Metropolitan Land Planning Act for an amendment to the City's 2030 Comprehensive Plan. Commissioner Parks asked about the status of the Metropolitan Council review. Mr. Benetti explained that this application must be reviewed by the Planning Commission and the City Council prior to being sent to the Metropolitan Council for review. PUBLIC HEARING—APPLICATION NO. 2012-004 There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to open the public hearing on Application No. 2012-004, at 7:36 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Mehrkens with Maranatha Presbyterian Homes introduced himself to the Commission. There were no questions for Mr. Mehrkens regarding the Land Use Amendment application. Mr. Braden Barnhart, 6813 Toledo Avenue N, said he spent the week examining the city's zoning map. He says there is no other place in the city where R-6 zoning abuts single family homes and this use is just not compatible. He asked the Commission to not approve R-5 zoning because it is just not compatible with surrounding uses. Mr. Arvid Sorenson, 6901 Toledo Avenue N, stated he was here when Maranatha was built and it was indicated at the time that they would not rezone the R-1 zoning district. He added that the building setback would only be 60 ft. from the residential properties and for that reason he is opposed to the rezoning. Mr. Richard Snow, 5312 68th Avenue N, stated his concern is if the rezoning goes through and a five story building is built, it would make it hard to sell his house with the building so close to his property line. He added that he feels there will be a noise factor along a currently quiet street especially when construction takes place and he does not want to see a huge building on the site. Mr. Randy Christiansen, 7001 Regent Avenue N, stated his parents live right next to the property in question and he doesn't feel we should change this from a public land use to R-6 zoning. 4-12-12 Page 4 Mr. Tom Scuhltz, 6831 Toledo Avenue N, stated he wants feedback regarding how it is determined that this will increase property values and quality of life. He wants to know the basis of that comment. Mr. Benetti replied that in the city's opinion, this development will replace a functionally obsolete nursing facility and replace it with a new facility for the nursing home residents which will increase their quality of life. He added that has been shown that new construction provides a positive improvement to an area and will provide an improved quality of life for the nursing home residents. Mr. Schultz further stated his property abuts the service entry area and he doesn't feel they are a good neighbor since he experiences a lot of noise and disruption and feels that this project is self- serving only to Maranatha. Mr. Braden Barnhart, 6813 Toledo Avenue N, stated that they should look at other businesses around the area which are all one or two story buildings. He feels allowing a similar building on the site is a better idea that a multi-story building. Ms. Desiree Wilkerson, 5318 68h Avenue N, asked if the residents all disagree, can the Commission still approve the application. She feels like it is already approved. Chair Rahn stated that they are an advisory body and following comments from the public they will make a decision regarding a recommendation to the City Council. Mr. Randy Christianson, further asked if the Commission had any questions for the residents. He stated that his parents live on 6803 Toledo Avenue N. Commissioner Parks asked if Mr. Christianson could further clarify their concerns, since it doesn't directly his property. He asked if it is the height of the building he is concerned with or the development itself. Mr. Randy Christianson replied that his father's property is the least affected but based on the current plan, he knows that the plan can change and they will little say if those changes occur. Mr. Randy Christianson replied to the Commissioner's question to say this directly affects their quality of life and they value their neighborhood. They want a solution that doesn't change the use of their home. They like Maranatha as a neighbor but are opposed to a five story building next to their homes. Mr. Benetti explained the application being reviewed with this application is the Land Use element with underlying rezoning. The Commission is reminded of the need to separate the request for an amendment to the Land Use from the rezoning. He added that the rezoning and site plan applications are coming later. Mr. Arvid Sorenson, 6901 Toledo Avenue N, stated changing the comprehensive plan does affect the rezoning of the property. Ms. Desiree Wilkerson, 5318 68th Avenue N, asked what is in it for Brooklyn Center if this development proceeds? She asked if it is only money. 4-12-12 Page 5 I Chair Rahn replied new construction and a better quality of life for the residents of the nursing home is a benefit for everyone. Ms. Wilkerson further stated that these residents have lived there longer than the residents of the nursing home live there and that should be taken into consideration since they do not usually stay at a nursing home as long as someone occupies their home. Commissioner Parks stated that as people get older they like to stay in their homes. However, statistics show there is an aging population of seniors that require alternative life styles. This development offers .another housing alternative to residents as they get older which may influence whether or not they stay in the community. He further stated that they appreciate everyone coming out and expressing their concerns and hopes they will come out again if the Commission looks at another comprehensive plan amendment. Mr. Randy Christianson, 7001 Regent Avenue N, asked what is allowed in the current site with R-1 zoning. Mr. Benetti replied R-1 zoning allows only single family homes. Mr. Christianson asked if Maranatha would like help from the residents to request the state to allow them to rebuild a new single level facility on the site and lift the moratorium. He stated they aren't opposed to a redevelopment but do not feel that a four story building will enhance the neighborhood and would like to work with Maranatha to see that happen. No other persons from the public appeared before the Commission during the public hearing on Application No. 2012-004. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2012-004, at 8:06 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioners Parks stated that he would like to emphasis that this application is about the land use only,not the site plan. Chair Rahn further explained that the property was previously zoned R-1 and later contained a nursing home facility with a senior apartment facility added later. He added both uses have a dense population compared to single family homes. Commissioners Parks reviewed the staff recommended findings. Mr. Benetti emphasized that this application is contingent on the Met Council review after City Council review. Mr. Eitel further explained the different density designations allowed within each zoning district in the City. 4-12-12 Page 6 RECOMMEND ACTION TO TABLE PLANNING COMMISSION RESOLUTION NO. 2012- 05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-004, AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM "PS-PUBLIC AND SEMI-PUBLIC" TO "MF-MULTI-FAMILY (HIGH DENSITY)", RELATIVE TO THE R1 ONE FAMILY RESIDENCE ZONED LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY, ADDRESSED AS 5401 —69th AVENUENUE NORTH There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to table Planning Commission Resolution No. 2012-05. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, and Parks And the following voted against the same: None The motion passed unanimously. APPLICATION NO. 2012-003 MARANATHA CONSERVATIVE BAPTIST HOME, INC. Chair Rahn introduced Application No. 2012-003, a request for rezoning of property located at 5401-5415 691h Avenuenue North, from R6 Multiple Family Residence and R1 One Family Residence to new PUD-MIXED R5/R6 (Multiple Family Residence), along with a proposed site and building development plan for a new four story, 97 bed nursing care center (Phase I) and a future development plan (Phase II) of a 29-38 unit senior independent living facility. (See Planning Commission Information Sheet dated 4-12-12 for Application No. 2012-003) Mr. Benetti explained the Maranatha campus consists of two separate lots. The nursing home parcel (addressed as 5401 — 69th Avenue.) is 3.78 acres in size and is situated in the R1 district. The existing 64-unit senior assisted living facility (5415 —691h Avenue.) is 3.28 acres in size and situated in the R6 district. The combined area of the sites is 7.06 acres. Mr. Benetti further explained that the nursing home facility was built in 1959, expanded in 1994 and was approved as a special use under the R1 district regulations at that time. The senior assisted living apartments were created in 1987 by the filing of a new plat (Maranatha Addition) and rezoning from R1 (One Family) to R6 (Multiple Family Residence) and the 65 unit apartment was completed in 1988. Mr. Benetti stated that the new PUD will allow Maranatha to continue to operate a nursing care facility on the site with the existing special use to remain in place. When the nursing care addition is complete, Maranatha will proceed to Phase II of this redevelopment project (adding 29-38 new senior assisted/independent living units) and demolition of the existing nursing home center once the new 97-bed unit facility is constructed. Mr. Benetti added that replatting of the property will be considered in the near future as a condition to this action as part of the PUD agreement between PHS and the City. Mr. Benetti stated that staff is recommending that the Commission approve the rezoning and table the site plan until some of the site issues are worked out more in detail, specifically 4-12-12 Page 7 regarding Phase II of the development. Commissioner Burfeind asked for further clarification from staff regarding the approval process of this application. Me. Benetti explained PUBLIC HEARING—APPLICATION NO. 2012-003 There was a motion by Commissioner Parks, seconded by Commissioner Burfeind, to open the public hearing on Application No. 2012-003, at 8:40 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Mehrkens, with Maranatha Presbyterian Homes, stated that he wants to acknowledge comments from the neighbors and indicate that they want to be good neighbors regarding this site. He added that they are attempting to meet the needs of their residents as best they can and also want to keep the neighbors happy. Mr. Mehrkens reviewed the site layout and explained that their challenge with the site is for the current residents to continue to be served while they construct the new facility and later tear down the existing facility. He further explained that a multi-story building is the desirable way to care for residents since the living space of a resident has increased to provide the necessary services for the residents to take advantage of. He added that you don't ever see one-story care centers built anymore, but they are constructed with more of a neighborhood type setting rather than a clinical setting that provides a variety of services and activities depending on a resident's needs. This generally requires more space and the need for the multi-story building. He also stated he appreciates the offer to help get the state to lift the moratorium' however, they have been trying to do that for 20 years and the possibility of that is very remote. Mr. Mehrkens also addressed Phase 11 of the development and added this involves the opportunity to serve Brooklyn Center residents with the development of additional living units in a possible 2-4 story building and will serve seniors in the future. Chair Rahn stated that the site and building plan will be looked at during the May 17 Planning Commission meeting and tonight's' review is for the rezoning only. Mr. Braden Barnhart, 6813 Toledo Avenue N, stated that they see a zone cut in half which indicates a breach of trust with the residents by locating the building so close to the property line and with the change in rezoning. He feels that this whole; process is rubber stamped and they could do a better job of design by building a facility that does not negatively affect the neighborhood. He is asking the Commission to not approve the applications. He doesn't want a neighbor that can look out their windows and see into his backyard. He feels that with the proposed height of the building he will not have sunlight in his backyard. He asked the Commission what they truly value, is it good neighborhoods or tax dollars? He further stated that if this project moves forward, all the surrounding property owners will sell their houses or convert them into rental property. Mr. Arvid Sorenson, 6901 Toledo Avenue N, stated his house faces 691h Avenue N and is directly across from the parking lot to Maranatha. He says that the sun does set low for a few 4-12-12 Page 8 months and what concerns him is the north parking lot. He moved in 40 years ago after the nursing home was there and when MnDOT rebuilt the Zane .Avenue bridge and closed off access to Hwy 94, traffic from Brooklyn Boulevard increased greatly down 69th Avenue N. He added that traffic on 691h Avenue N has become dangerous with cars turning into Maranatha with the location of the driveway. He feels that the new plan is going to make it worse and he feels that they should close the 691h Avenue driveway and make a main entrance off Unity Avenue N. Mr. Ray Christianson, 6803 Toledo Avenue stated that he doesn't feel the zoning should be changed if it is unknown what the actual plan is. Commissioner Kuykendall stated that this is not rubber stamped and things get changed following the public input at a public hearing. She cited the example of the Paul Hyde development at 4001 Lakebreeze Avenue N. She further added that comments from the public are taken into consideration before a recommendation is taken to the City Council. Mr. Tom Schultz, 6831 Toledo Avenue N, asked if parking calculations were considered for Phase II of the project. Mr. Benetti replied that Phase lI accounts for underground parking and he added that most residents of these facilities do not drive. Mr. Schultz added that he notices that the residents get a good view from their windows and hopes that the homeowners also would get the same view. He also asked how many Brooklyn Center residents live in the facility. Mr. Mehrkens responded that 85% of its residents formerly lived within five miles of their facilities. Mr. Randy Christiansen, 7001 Regent Avenue N, asked if the resolution would be signed tonight? He also asked the Commission to table the rezoning until there is a plan for Phase II. He asked the Commission if they had heard him and were walling to vote no on the application. Mr. Benetti explained that the only way this site works for Maranatha is to keep the 64 unit facility unit a legal conforming facility under the R-6 zoning. He explained under R-5 zoning, they are allowed the development of the nursing home facility and keep the senior apartments. This also allows for the future development of a senior housing element that has not been determined at this point. He further explained there have been other cases where rezonings have taken place without a specific plan for the site. He stated under this PUD the applicant is being granted the flexibility to develop the site even if it is at a future time and at that time, the PUD may need to be amended for the specific use. He explained that there is level of trust between an applicant and the city which provides them with the options on the table for future development. Mr. Randy Christianson once again asked the Commission to not approve the rezoning and leave it at R-1 zoning. He feels there are holes in the plan and wants to see them filled in. Mr. Mehrkens stated he wanted the record to show that they always work with neighbors on site plan development. He added what's pressing from the moratorium is rebuilding the nursing home care center and for the future they are more than happy to have a dialog with the neighbors about what is best for the site layout to best meet the needs of their residents and the surrounding residents. He also addressed the breach of trust comment pointing out that the comment made 4-12-12 Page 9 was directed at the former owner of the site. He added that they are hoping to bring a state of the art facility to replace a very tired facility to better meet the needs of their residents and they did not want to present a transparent plan with all green space and instead provided a footprint about a conceptual down the road plan for Phase Il. Commissioner Kuykendall stated that she would hope for trust from the residents and everything that was said will be considered in the site plan review. No other persons from the public appeared before the Commission during the public hearing on Application No. 2012-003. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2012-003, at 9:34 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. There was further discussion among staff and the Commission regarding Application No. 2012- 004 and 2012-003. Mr. Benetti suggested that the Maranatha applications could be tabled and come back to the Commission on May 17, 2012 with alterations to the plan that could address the neighbor's concerns, parking issues and a more precise plan for future development. The applicant responded that he would consent to a postponement in order to address the neighbor's concerns and come up with a plan that still meets their density needs, green space, parking, etc. as well as zoning requirements. Chair Rahn responded that they would like to see this development take place while meeting the needs of their residents and the neighbors and he applauds the applicant's efforts to do so. Commissioner Kuykendall stated that she would like to see this plan move forward tonight with a better look at the site plan. Mr. Benetti responded that it would also be acceptable to move forward tonight with the zoning and land use approvals while the applicant continues to work with the neighbors to develop an amicable site plan that allows the applicant to stay on schedule with the moratorium requirements as well their construction plans. Mr. Mehrkens stated that they would like to meet with the neighbors to have them as their advocates when the applications are presented to the City Council. This would allow the City Council to review this as a package at one meeting. Commissioner Parks stated that he doesn't have a problem with the proposed change in Land Use. Chair Rahn explained that if they do not approve this as a package, the Council will have a repeat discussion with the residents such as tonight. Mr. Benetti explained that if the 4-12-12 Page 10 Commission recommends for approval the proposed Land Use change, they could move forward with that application so it can get forwarded to the Met Council and rezoning does not take place until the Land Use change takes place first. Commissioner Burfeind stated that he also has some concerns with the site plan layout. He is not comfortable with moving forward with the land use change and zoning change until the site plan is more defined. He would like to see the site plan being approved as part of the package for approval. Commissioner Parks stated is in agreement with the other Commission members. RECOMMEND ACTION TO TABLE APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-06 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-003 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME INC. TO REZONE PROPERTY LOCATED AT 5401- 5415 — 69TH AVENUE NORTH FROM R1 ONE FAMILY RESIDENCE AND RI-MULTIPLE FAMILY RESIDENCE TO A NEW PUD-MIXED R5/R6 (PLANNED UNIT DEVELOPMENT-MIXED MULTIPLE FAMILY RESIDENCE) DISTRICT There was a motion by Commissioner Burfeind, seconded by Commissioner Parks, to table Planning Commission Resolution No. 2012-06. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, and Parks And the following voted against the same: None The motion passed unanimously. APPLICATION NO. 2012-005 - BORDER FOODS (TACO BELL) Chair Rahn introduced Application No. 2012-005, a request for a variance to allow three (3) driveways to be closer than the 50-foot minimum separation requirement for business district properties, along with a site and building plan of a new 2,642 sq. ft. Taco Bell restaurant, located at 5532 Brooklyn Boulevard. He added that the applicant is seeking variance approval due to site constraints and the desire to serve their customers safely and more effectively at their drive- thru service. (See Planning Commission Information Sheet dated 4-12-12 for Application No. 2012-005) Mr. Benetti stated that after studying this area it appears setbacks were limited or allowed to reduce to a minimum of 10-feet along this private roadway and the roadway was never considered or recognized as either the front or rear yard for setback purposes. He added that required setbacks for the C2 district are 35-ft. front; 40-ft. rear; and 10-ft. side yard. The new Taco Bell building is shown with a 47.4 foot setback from Brooklyn Boulevard, a 29.6-ft. setback off Brooklyn Boulevard Lane; and a 15-ft. setback from the south side lot line. The setbacks for the existing building are 81-feet; 15 feet; and 52.2 feet, respectively. He further explained that this area is somewhat unique to the City and this commercial area with respect to the private roadway that serves these commercial businesses. The new restaurant will be served by a larger drive-thru aisle, with a maximum stacking of up to 11 vehicles. The 4-12-12 Page 11 existing drive-thru lane is impacted by the central layout of the building and the location of customer parking spaces. This new drive-thru layout directs drive thru customers to the outer parts of the site, with separated driveways and access points out onto Brooklyn Boulevard Lane. He added that by approving the variance, it allows better stacking of vehicles and creates a better, safer layout on the site. Commissioner Parks asked about the private roadway. Mr. Benetti responded that it is a private roadway, one of only two in the city that serves as a public roadway giving access to the businesses in the area. He added City records indicate that historically the driveways in this area spilling out to the private roadway did not need to meet the 50 ft. setback which is normally required. PUBLIC HEARING—APPLICATION NO. 2012-005 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2012-005, at 10:15 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Barbara Schneider, Border Foods, stated that she reviewed the notes from the City Engineer and she would like to have further dialogue with the City Engineer to resolve his concerns. She further pointed out the location of the rear service door and traffic flow as addressed in the Engineer's comments. Dean Mattson,Architect, described the materials to be used on the new building. Councilmember Kleven asked if the building would have an automatic door opener. Ms. Schneider responded that she would look into it since there are no plans for one. No other persons from the public appeared before the Commission during the public hearing on Application No. 2012-005. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Burfeind, to close the public hearing on Application No. 2012-005, at 10:26 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2012-07 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-005 SUBMITTED BY BORDER FOODS, INC. FOR THE APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-703 AND SITE AND 4-12-12 Page 12 BUILDING PLAN APPROVAL OF A NEW TACO BELL RESTAURANT, LOCATED AT 5532 BROOKLYN BOULEVARD LANE. There was a motion by Commissioner Kuykendall, seconded by Commissioner Burfeind, to approve Planning Commission Resolution No. 2012-07. Voting in favor: Chair Rahn, Commissioners Burfeind, Kuykendall, and Parks. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its April 23, 2012 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM There were no discussion items. OTHER BUSINESS Tim stated that on April 26t" Wenck, will be making a presentation to the Planning Commission and Park &Recreation Commission regarding the Third Generation CAC to provide an overview of what to expect from the plan. He encouraged the Commission to attend. There was no other business. ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:28 p.m. f Chair Recorded and transcribed by: Rebecca Crass 4-12-12 Page 13