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HomeMy WebLinkAbout1993 10-14 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 OCTOBER 14, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chair Pro Tern Holmes at 7:36 p.m. Chair Pro Tern Mark Holmes, Commissioners Bertil Johnson, Dianne Reem, Debra Hilstrom and Tim Willson. Chairperson Ella Sander and Robert Mickelson were excused from tonight's meeting. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Carla Wirth. APPROVAL OF MINUTES - AUGUST 26. 1993 Motion by Commissioner Johnson seconded by Commissioner Hilstrom to approve the minutes of the August 26, 1993, Planning Commission meeting as submitted. Voting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed. CHAIRPERSON'S EXPLANATION Chair Pro Tern Holmes explained that the Planning Commission is 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. 93012 (RYAN OLDS) Chair Pro Tern Holmes introduced the first item of business, a request from Ryan Olds for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93012, attached). Commissioner Reem questioned deliveries made to the back of the parts storage addition. The Secretary pointed out the floor plan for this addition and location of the door. 10-14-93 1 Commissioner Holmes questioned the need for a public hearing since the property already has a Special Use Permit. The Secretary responded an amendment to a Special Use Permit requires a public hearing. He added this process allows the City to address potential concerns. Commissioner Holmes questioned the proposed conditions for approval which require a site performance agreement. The Secretary explained any site improvements generally require a performance agreement and supporting financial guarantee to assure completion of the site improvements. He further explained the City's concern is to prevent developers from presenting and receiving approval on an elaborate plan and then not completing the plans as approved. He added the City also requires a one year maintenance period before the financial guarantee is released. Commissioner Reem asked if a time period requiring completion of landscaping should be considered just in case the Brooklyn Boulevard Study is not completed or there is not enough funding. The Secretary agreed that perhaps the Planning Commission should consider waiving the landscaping requirements for a period of time, such as one year, to encourage the applicant to complete the landscaping work. Commissioner Willson indicated support of requiring a twelve month time limit to assure the landscaping requirements will be addressed even if the Brooklyn Boulevard Study is delayed. He added the Planning Commission could consider an extension, if necessary, at that time. He asked how the parking requirement would be affected if the Brooklyn Boulevard Study results in the loss of some parking spaces. The Secretary agreed the Brooklyn Boulevard Study could result in the loss of some parking spaces and the City would not support the loss of green space area. He added that these are matters that would need to be addressed at the time right-of-way would be acquired. Richard Haluptsok, Architect for Ryan Olds, explained there are two reasons for their expansion request: 1) the proposed addition allows them to decrease turn around time when servicing vehicles; and, 2) the customer service area will be relocated from the second to the first floor. He explained the techniques for repairing and maintaining cars has changed and now involves more replacement than repair In response to Commissioner Holmes question, Mr. Haluptsok indicated Mr. Ryan is concerned with the Brooklyn Boulevard Study requirements and supports the improved appearance of the entire site. He pointed out the site was completely resurfaced with blacktop this summer and indicated he feels providing appropriate landscaping will provide the key to improved appearance. Chair Pro Tem Holmes questioned the potential for another ingress/egress location. Mr. Haluptsok explained this matter has been discussed but they feel it is too early to make a determination. 10-14-93 2 PUBLIC HEARING (APPLICATION NO. 93012) Chair Pro Tem Holmes opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard at 8:16 p.m. He inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and he entertained a motion to close the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem to close the public hearing at 8:16 p.m. The motion passed unanimously. Commissioner Willson indicated support for including a time period restriction for submission of a landscaping plan. The Secretary stated it would be appropriate to place a condition of this type. Commissioner Johnson stated he does not think the Brooklyn Boulevard Study will be completed in 12 months and prefers avoiding the necessity of looking at landscaping twice. The Secretary explained the City could consider allowing an extension if the Study has not been completed within 12 months. He added the City wants to submit roadway changes and configuration to Hennepin County by December of 1993. The Secretary asked if the site performance agreement requirement should be eliminated since no site improvements are being required at this time, or if it should remain in case the Shingle Creek Watershed Management Commission requires site improvements. Commissioner Willson indicated support for maintaining this requirement due to the Watershed's involvement. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93012 (RYAN OLDS Motion by Commissioner Hilstrom and seconded by Commissioner Reem to recommend approval of Application No. 93012 submitted by Ryan Olds for site and building plan and special use permit approval to construct a small addition to the Ryan Olds dealership at 6700 Brooklyn Boulevard, 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,utility and berming 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 by the City Manager) shall be submitted prior to the issuance of permits. (Note this condition may be eliminated if no site improvements are required by the Shingle Creek Watershed Management Commission.) 10-14-93 3 4. Any outside trash disposal facilities and rooftop 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. The special use permit is granted to the applicant for the addition proposed by these plans. An expansion or alteration of the use shall require p y xp equ e an amendment to this se special permit. P 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The applicant-shall agree, in writing, to comply with Watershed Management regulations prior to the issuance of permits for this project. 10. Additional landscaping shall not be required of the applicant at this time in lieu of the possibility of landscaping enhancements recommended by the Brooklyn Boulevard Enhancement Task Force. The applicant must provide an updated landscaping plan consistent with the Landscape Point System within twelve months from the date of approval. Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed. The Secretary indicated this item will be considered by the City Council at their October 25, 1993, meeting. APPLICATION NO. 93013 (CSM CORPORATION) Chair Pro Tem Holmes introduced the next item of business, a request from CSM Corporation for site and building plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93013, attached). Commissioner Willson expressed concern that the original plat was not filed in a timely manner and asked if the timing allows the applicant to record the final plat prior to 10-14-93 4 consideration of this application by the Planning Commission. The Secretary pointed out one of the proposed conditions of approval would require filing of the plat. He added that the applicant will not be able to obtain a building permit until the final plat has been approved and filed with the County. Commissioner Willson suggested this application be tabled to allow the applicant time to file the plat. The Secretary explained it has been the Planning Commission's policy to consider applications such as this with the condition requiring completion of the platting process. The Secretary explained the applicant is in the process of negotiating a lease for this building with the Internal Revenue Service (IRS) and it may take some time to complete. In the meantime, the plat will receive final City approval and be filed and recorded with Hennepin County. He reviewed the platting process and reiterated that a building permit r will not be issued until the plat is filed. Chair Pro Tern Holm questioned the parking and landscaping maintenance requirements. The Secretary explained the parking areas could possibly be modified, however, the City would not want to see any landscaping eliminated from the plan. He added CSM manages this property and has done a good job in making sure it is well kept. Commissioner Willson questioned the location of the easement on the northeast side and asked if it will conflict with the building location. The Secretary responded this will be addressed by the City Engineer but that it did not appear to be in conflict with the building location. Bruce Carland, representing CSM Corporation, pointed out the location of the easement and explained they plan to use the existing building footings which were previously approved and do not conflict with the easement. With regard to the future possibility of a CUB or Rainbow Foods in this area, Mr. Carland reported they have never been contacted by either company regarding availability of property. In response to Commissioner Hilstrom's question, Mr. Carland stated the office tower is approximately 90% filled and the two one-story buildings are 75% to 80% occupied. He added the proposed building would be 100% occupied by the IRS on a ten year lease. He explained the IRS is currently located in one of the Earle Brown office buildings, however, it does not meet ADA compliance so they are hopeful they can attract them into the proposed building. Commissioner Willson reiterated his concern regarding the long period of time it has taken to file the plat. He stated he realizes the IRS lease is the economical incentive driving the platting process at this time. He added that this application presents a wonderful opportunity for both the City and CSM Corporation. 10-14-93 5 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93013 (CSM CORPORATION) Motion by Commissioner Willson and seconded by Commissioner Johnson to recommend approval of Application No. 93013 submitted by CSM Corporation for site and building plan approval to construct a 23,250 square foot one- story office building at 3200 County Road 10, 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3 3. The site performance agreement currently being held for the completion of site improvements shall be continued to comprehend any and all site improvements comprehended by this application. 4. Any outside trash disposal facilities and rooftop 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 system 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-6/12 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. 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. 11. A proof of parking agreement acknowledging the need to install up to five additional parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of permits. 10-14-93 6 12. Building permits shall not be issued until the plat comprehended under Planning Commission Application No. 90024 has been given final approval by the City council and filed with Hennepin County. Voting in favor: Chair Pro Tem Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed. The Secretary indicated this item will be considered by the City Council at their October 25, 1993, meeting. RECESS Chair Pro Tem. Holmes declared a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. DISCUSSION ITEMS A. Moratorium and City Council direction to hold rezoning g earing on November 18, 1993. The Secretary informed the Planning Commission that the City Council has directed the Planning Commission to hold a public hearing on November 18, 1993 to consider the rezoning of property south of 66th Avenue and north of I-694, between Willow Lane and Highway 252. The Secretary provided an in-depth review of recent Council action resulting in this direction and the short time schedule allowed. He explained the Planning Commission's recommendation should be available for Council consideration at their December 13, 1993, meeting in order to meet the end of January expiration of the moratorium. He added this matter should be handled as quickly as reasonable to avoid delay. Commissioner Hilstrom questioned the possible restriction on commercial development along the River. The Secretary explained that a meeting had been held with persons from the Department of the Interior National Park Service regarding that proposed legislation and they indicated their concern if development is within 300 feet of the ordinary high water mark or within 100 feet of the bluff line. He added he is not sure whether the area under consideration falls within these parameters. The Secretary reported he asked representatives of the National Park Service if the proposed legislation would specifically prohibit commercial development within this area. They said it did not and left decisions of this type up to the local zoning authority. He added the National Park Service encourages the acquisition and development of park areas along this area of the River, however, Brooklyn Center has already provided a lot of open public space along the River. 10-14-93 7 Tom Kouri,6416 Willow Lane, stated the Scenic River Act includes recommendations which are clear. He reviewed several which emphasize residential and open space land uses, and discourages activities that do not relate or contribute to the riverfront or could have a detrimental effect. The Secretary commented the area that abuts, or is within the 300 foot area, is consistent with the guidelines contained in the Scenic River Act. Commissioner Willson requested a copy of the Scenic River Act for the Planning Commission's review. Commissioner Willson stated he feels the reasons for denial of the Holiday application are still valid. Commissioner Hilstrom asked staff to provide the Planning Commission with a map indicating the area included within 300 feet of the Mississippi River. The Secretary reviewed overheads of possible zoning configurations as included in the previously completed SEH report as well as the plan recommended for approval at that time by the Planning Commission. He requested direction from the Planning Commission regarding the area involved for rezoning and the zoning classification under consideration. He indicated support for zoning property south of 66th Avenue to 65th Avenue between Willow Lane and Highway 252, as C-1 (service/office) even though it would result in down zoning the property and creating some nonconforming uses. A lengthy discussion was held regarding various options of property and zoning configurations as well as existing land uses. The Secretary reviewed each zoning district and allowable uses within each. A general consensus was reached that all industrial zones were undesirable. It was also felt that C-2 was inappropriate since 24-hour operations are permitted uses. Discussion then turned to residential districts, with the Commission indicating R-4 and R-5 would not be appropriate since they allow two- and three-story buildings and generate increased traffic levels. The Planning Commission then discussed R-1, R-2 and R-3 permitted uses. The Secretary pointed out the courts may feel that rezoning to R-1 results in devaluing the property to the point where it is not economically feasible to develop it. He added a C-1 zoning would not deny the reasonable use of the property or devalue it beyond development. Commissioner Reem questioned whether property south of 65th Avenue to I694, between Willow Lane and Highway 252, could be rezoned. The Secretary explained it could be included if the Commission so desires. The Planning Commission discussed access options to this area. The Secretary indicated the City would discourage using Willow Lane for access to this property. 10-14-93 8 Commissioner Reem asserted the Atkins family has the right to sell this property or use it and she felt rezoning the entire area between 66th and 65th Avenues, rather than dividing it into parcels, will enhance the property. Chair Pro Tern Holmes supported the previous Commission recommendation following the SEH study which recommended C-1 in this area. He also indicated support for allowing some flexibility in combining the development of expanded areas with a PUD process. Commissioner Johnson questioned the City's intention for the R-5 property they currently own on the west wide of Willow Lane adjacent to the Atkin's property. The Secretary explained demolition bids are being obtained and the property will probably be held until it can be included in a plan to redevelop the block. The Secretary reviewed the letter received from Tom Kouri indicating the neighborhood resident's overwhelming approval for the denial of the Holiday Superstation's application, the moratorium period and their desire to play a meaningful role with the City in the formulation of this comprehensive study. The Secretary informed the Planning Commission of the public hearing, mailed notice and publication process involved with this request. He pointed out that a Comprehensive Plan amendment process will also need to be undertaken if the intent is to rezone to something other than the current C-2. Commissioner Willson suggested public hearing notices also be sent to residents who have been in attendance at meetings, regardless of whether or not they are within the required 350 foot area. Mr. Kouri urged the Planning Commission to not dismiss the possibility of having a lower density residential use, such as R-1, along Willow Lane. He asserted there are a lot of very nice homes next to freeways with berms to screen traffic. He stated neighborhood residents are interested in becoming involved in the process before a decision is made. Rod Snyder, 6408 Willow Lane, stated if people can afford to build away from freeways they will,but a berm such as located along Highway 252 blocks out the freeway traffic. He added the Secretary provided compelling reasons to consider C-1 but he hoped the Commission would not dismiss the potential for R-1. He asserted the same test to determine a reasonable use would be strong for R-1 since abutting property is R-1. He suggested a realtor and developer be hired to make an assessment of uses for this property. Commissioner Johnson pointed out the City has already hired experts in land use when the SEH Study was completed,and none of the studies have indicated R-1 was a reasonable use. He added the Commission did previously discuss the potential for having townhouses on the east side (facing Willow Lane) and commercial on the west side (facing Highway 252). 10-14-93 9 Commissioner Reem added zoning the area west of Willow Lane as residential results in shifting the problem to the next tier of residences. The Secretary pointed out that R-1 would not work based on economics and the costs involved in acquiring property, demolishing and clearing the land, and building new single-family homes on minimum sized lots are prohibitive. Mr. Kouri stated residences along Willow Lane would have a partial view of the River and be very close to the trail way. He added this is a desirable area and he feels people will be willing to build fairly expensive homes in this area. Chair Pro Ter Holmes stated based on the history of this matter and previous studies, he supports rezoning of the area between 66th and 65th Avenues, from Willow Lane to Highway 252 to C-1. Commissioner Johnson concurred stating he does not feel a rezoning to R-1 would be supported if the action was challenged and went to court. Commissioner Willson stated at this point in time C-1 is the most reasonable zoning and the process of looking at this property will continue depending on projects that are submitted. He indicated support of rezoning the mentioned area to C-1 but does not want to rule out any debate at the public hearing about a residential zoning. The Secretary stated he understands the resident's desire to have residential along Willow Lane, however he did not feel this was a reasonable expectation due to economics. He added the public hearing would be an appropriate time for residents and others to submit compelling arguments to consider another zoning classification. Moved by Commissioner Willson and seconded by Commissioner Reem to direct staff to prepare, published and mailed public hearing notices that the Planning Commission will conduct a hearing on November 18, 1993, to consider the rezoning of the property south of 66th Avenue to 65th Avenue between Willow Lane and Highway 252, from C-2 to C-1. Voting in favor: Chair Pro Tern Holmes, Commissioners Hilstrom, Johnson, Reem and Willson. Voting against: none. The motion passed. OTHER BUSINESS The Secretary reported the next Planning Commission agenda will include a request for Rezoning and Comprehensive Plan amendment, and a request for Preliminary Plat approval involving a Planned Unit Development proposed for Brookdale Chrysler. Commissioner Reem questioned the activity taking place at 65th Avenue and 694. The Secretary explained soil borings were being conducted. 10-14-93 10 Commissioner Reem announced the Council will be holding a meeting on October 25, 1993, and one of the topics will be the MTC Park and Ride Lot. The Secretary provided a brief update on this project. Commissioner Reem questioned the sign change at the Holiday Station located at 69th Avenue and Brooklyn Boulevard. The Secretary explained the owner is no longer involved with the Holiday Company and the gas station is now with Mobile. He added the station owner has not moved forward with the previously approved plans for the car wash expansion. Commissioner Hilstrom questioned progress being made with the Wendy's Restaurant. The Secretary explained asbestos was discovered during the demolition of the building which resulted in a delay, however, they will be moving forward shortly. k' Commissioner Reem asked when the next Brooklyn Boulevard Task Force meeting will be held and requested advanced notification. The Secretary indicated he will check with Brad Hoffman to determine the next meeting date. ADJOURNMENT Motion by Commissioner Hilstrom seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed un imo sly. The Planning '3 Commission adjourned at 11:13 p.m. Chair Pro Tern Mark Holmes Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 10-14-93 11 1 1