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HomeMy WebLinkAbout1995 06-29 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 JUNE 29, 1995 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:30 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Dianne Reem, and Graydon Boeck. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, and Planning Commission Recording Secretary Carla Wirth. Commissioners Mark Holmes, Robert Mickelson, and Kathryn Palm were excused from the meeting. APPROVAL OF MINUTES - JUNE 15. 1995 There was a motion by Commissioner Booth and seconded by Commissioner Reem to approve the minutes of the June 15, 1995 Planning Commission meeting as submitted. The motion passed CHAIRPERSON'S EXPLANATION Chairperson Willson explained 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. The Secretary noted Agenda Item 7, 69th Avenue North and Brooklyn Boulevard Information Meeting, has been published to begin at 8 p.m. He suggested, perhaps, Agenda Items 6 and 7 can be reversed, if necessary, to meet that time schedule. The Planning Commission concurred. APPLICATION NO. 95010 ROBERT L. ADELMAN) Chairperson Willson introduced the first item of business, a request from Robert L. Adelman for a Special Use Permit to install and operate a propane tank at Duke's Mobil, 6501 Humboldt Avenue N. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95010, attached). 6-29-95 1 Commissioner Booth questioned the number and placement of the steel reinforcement posts. The Secretary advised it may be necessary to place them closer together and explained their purpose is to prevent having a car run into the propane tank. He suggested the Fire Chief be asked for a recommendation prior to issuance of the permit. Commissioner Boeck questioned on-site traffic movements and expressed concern the area between the gas pump island and propane tank is not wide enough to accommodate traffic movement plus parking. The Secretary clarified the traffic sign currently posted on this property are advisory directional signs at the owner's discretion. He suggested perhaps a customer will park by the convenience store to alert the attendant they want to purchase propane. The attendant will then fill their propane tank and return to the convenience store to make payment. Chair Willson advised there are two painted designated parking spots by the propane enclosure. The Secretary suggested a no parking area be designated along the propane tank area. Commissioner Boeck stated he would support this suggestion. Commissioner Boeck questioned off-site traffic movement attempting to turn from Humboldt Avenue and Freeway Boulevard into this property and potential for accidents. The Secretary pointed out there is a turn lane for northbound Humboldt Avenue traffic. Commissioner Reem asked if the Fire Department is involved with training the propane attendant, if the propane tank can be shut off from inside,the building, or if the attendant uses a key. The Secretary explained there is no training provided by the Fire Department. The station attendant will be trained by the employer to the industry standard on procedure for filling the propane tanks. He clarified this is not a self-serve propane operation and the windows in the convenience store will provide the station attendant with a line of visibility to the propane enclosure. Commissioner Reem asked if staff has received a response from any of the surrounding residents. The Secretary advised notices were sent to the property owners, not the apartment residents. He reviewed a similar propane operation which has operated successfully and without incident for over ten years at Niel's Service Station. PUBLIC HEARING (APPLICATION NO. 95010 Chairperson Willson asked for a motion to open the public hearing on the request for Special Use Permit to install and operate a propane tank at Duke's Mobil, 6501 Humboldt Avenue North, at 7:55 p.m. There was a motion by Commissioner Boeck and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Robert Adelman, applicant, explained how the propane dispensing system operates and that this is not a 24-hour operation but will take place only during normal convenience store 6-29-95 2 hours. He clarified the tank enclosure will be locked at all times and the valve is enclosed within a cabinet so it cannot be accessed. Chairperson Willson questioned whether the two designated parking spaces by the propane enclosure can be eliminated and this area posted as a "Fire Lane". Mr. Adelman stated he would have no objections to this and commented on the importance for having an open circulation around the island areas. With regard to the steel reinforcement posts, Mr. Adelman stated he will put in as many as recommended by the Fire Chief. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck and seconded by Commissioner Reem to close the public hearing at 8:05 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95010 (ROBERT L. ADELMAN) There was a motion by Commissioner Boeck and seconded by Commissioner Booth to recommend approval of Application No. 95010 submitted by Robert L. Adelman subject to the following conditions: 1. The Special Use Permit is granted to the applicant to install and operate a propane tank and dispensing facility with an opaque enclosure at 6501 Humboldt Avenue North as provided in the plans submitted. Any expansion or alternation of this proposal shall require an amendment to this Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, could be grounds for revocation. 3. Final building plans are subject to review and approval b y the Building Official with respect to applicable codes prior to the issuance of building permits. 4. The plans for the location and various safety items are subject to the review and approval of the Fire Chief prior to the issuance of permits. 5. The enclosure is for the purpose of screening the propane tank and shall not have signs affixed to it other than directional or warning signs specifically approved by the Building Official or Fire Chief. 6. The area adjacent to the propane tank enclosure,between the curb and the pump island service area, shall be kept open for vehicle circulation and signed "No Parking Fire Lane." Voting in favor: Chairperson Willson, Commissioners Boeck, Booth and Reem. The motion passed unanimously. 6-29-95 3 The Secretary noted that this matter will be referred to the City Council at the July 10, 1995, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. 69TH AVENUE NORTH AND BROOKLYN BOULEVARD INFORMATIONAL MEETING Chairperson Willson introduced the second item of business, an informational meeting to review plans for widening of Brooklyn Boulevard between I-94 and just north of 70th Avenue North and to also discuss and review a draft Request for Development Proposals for the 69th Avenue and Brooklyn Boulevard area. The Secretary reported about 200 informational notices were sent out to people who will be effected by right-of-way acquisition,may potentially be effected by redevelopment proposals, and may be within the area effected by the PUD and rezoning that will be necessary. The Secretary explained the City has retained a consultant who will be looking at a request for development proposals, once authorized by the Council, to seek developers for redevelopment of three potential areas around Brooklyn Boulevard. He reviewed the three areas identified for redevelopment and reported staff has been approached by one group interested in senior housing on a portion of the St. Alphonus Church property. The Secretary then introduced Tony Heppelmann, BRW, who provided a detailed explanation of the Brooklyn Boulevard improvements proposed by Hennepin County estimated at $3 million. He explained there is $1.6 million from a Federal Grant and the remaining $1.4 million will be funded by Hennepin county, Mn/DOT and Brooklyn Center. He further explained there is also an enhancement project estimated to cost $500,000. Chairperson Willson questioned why the east side is being considered for right-of-way acquisition instead of the west side. Mr. Heppelmann advised the primary considerations are economics, viability of existing business, and the ability to redevelop the property once acquired. In response to Commissioner Boeck, Mr. Heppelmann advised Hennepin County is the jurisdictional agency and the City will be responsible for initiating negotiations for acquisition of right-of-way agreements and handle the enhancements along Brooklyn Boulevard. If it is determined condemnations proceedings are required, Hennepin County will be responsible for that process. Mr.Heppelmann reviewed the anticipated time schedule with the environmental assessment being completed in 1995, right-of-way acquisition beginning in 1996, and construction starting in 1997. One year has been provided for right-of-way acquisition. The Secretary advised it is a concern of the City to have as much time as possible to deal with negotiation and acquisition. He explained the Council will probably retain a consultant to negotiate with property owners. 6-29-95 4 Mr. Heppelmann clarified the construction start date is tied to federal funding, and the redevelopment proposals can take place independently of the roadway improvement. Commissioner Boeck asked if acquisition is part of the federal costs. The Secretary advised the grant the City received is only for enhancements. Commissioner Booth questioned the traffic movement and number of lights, and how this will help the traffic backup situation. Mr. Heppelmann advised there will be two additional lanes in each direction plus a signal coordination system will provide for progression through this area. Chair Willson noted a public hearing is not required since this is an information meeting, but he requested public input or question. Lenny Breyen, 71st & Halifax, asserted this project will take a three lane road and then squeeze it down to two lanes at Noble Avenue. He asked if this would not create accidents when cars attempt to merge. Mr. Heppelmann pointed out areas where cars will "drop off' the roadway via turning movements which will reduce the traffic volume by Noble Avenue. Mr. Breyen questioned how much this will cost the City and how much taxpayers will pay. The Director of Public Services, Diane Spector, responded approximately 80% of the total roadway costs is the responsibility of Hennepin County, 18% is the City's cost, and the remaining is the responsibility of Mn/DOT. The 18% to the City equates to $250,000 to $300,000 with the bulk coming from MSA funds which the City receives from state gas tax to reconstruct and maintain collector roadways. The remainder will come from other street constructions funds and part will probably be assessed to abutting property owners on Brooklyn Boulevard. She explained that none of the costs will come from general property taxes; it will all come from other sources that are strictly designated for street improvements. With regard to the City's share of right-of-way costs, Hennepin County will share in some of those costs and the City's share will come from those same three sources and possibly some from Tax Increment Financing since this area is located within the TIF District. With regard to enhancement costs, the City received a $500,000 grant to cover costs for improvements that Hennepin County will not fund like landscaping, lighting, etc. Since this is a matching grant, the City will fund $125,000 from TIF. Bill Weber, BRW, provided a detailed review of the enhancement project proposed through the EDA. He noted the City has been studying the Brooklyn Boulevard Corridor for several years and believe it is an important element of the City as well as an economic element. Because of economic changes, some of the businesses along Brooklyn Boulevard could be used more intensively or may not be appropriate because of the traffic volume. Because of the proposed roadway improvement and acquisition involved, the City determined it would be an appropriate time to encourage some redevelopment in the acquisition area. Mr. Weber reviewed the three sites identified for redevelopment and potential uses of medium density senior housing, retail commercial and general office. 6-29-95 5 Commissioner Boeck asked if the EDA will acquire the property. The Secretary explained this is one possibility or the City could acquire through condemnation if the property can't be acquired through normal processes. He noted the federal grant can not be used for acquisition, only for streetscape like landscaping, decorative lighting, sidewalks, and physical improvements that are not typically part of a County roadway project. Commissioner Boeck asked who will transfer the property form the owner to the developer. The Secretary explained this could be handled through the developer selected or the EDA using the condemnation process. Mr. Weber advised one of the benefits of having the EDA involved is land assembly since there are multiple parcels. The Director of Public Services reviewed staff has identified three areas as a concept on how the land could be packaged. The Request for Proposals (RFP) says to developers the City thinks this area is right for development and ask them what they think would fit into this area and what kind of partnership they would need from the City. Larger developers may not need any assistance, others may be interested in land assembly help and others may request TIF or a combination. Commissioner Boeck agreed this area has been in need of redevelopment for quite some time but asked what is the "carrot" that will bring development in now outside of giving them something, like the land. The Secretary agreed this could be one option. He advised staff has reviewed a market analysis indicating there is a market for 80,000 to 100,000 square feet of neighborhood retail space and that this area could be successful. The Director of Community Development pointed out the incentive mentioned by Commissioner Boeck is having over 50,000 cars going by that intersection, mostly local traffic so the land would serve well for neighborhood retail. He added the City will propose to clear and assemble the land and offer it at competitive market prices, if necessary. The Secretary provided further detail on the possibility of senior housing locating by the St. Alphonus Church property and the need for storm water ponds. He pointed out it is probably not possible to retain single family homes on Brooklyn Boulevard, but the City still needs to protect the neighborhood that backs up to these uses. Chairperson Willson recessed the meeting at 9:05 p.m. The meeting was reconvened at 9:15 p.m. Commissioner Boeck thanked residents for attending the meeting tonight to express their concern and interest in what is happening in the community. He stated this is a commendable program and he hopes it gets redevelopment started on Brooklyn Boulevard. He pointed out the information tonight is very preliminary and more detail is needed, including detail on financing. He commented he shares the comments expressed by residents and felt whatever is offered to developers will be returned through jobs, taxes, and service to the community. He asked if the final report on this redevelopment project will 6-29-95 6 be available in August or September. The Secretary agreed staff will have more detailed information by then. The Planning Commission acknowledged a letter sent to the Mayor from Rubye Berglund indicating her belief there is no need for another medical of office building but there is a need for businesses that serve the neighborhood and a boulevard setting where people can walk and shop. Mr. Breyen reiterated his concern for traffic patterns and narrowing the roadway from three to two lanes, especially if a shopping center, medical office, or senior housing is constructed. Mr. Heppelmann pointed out there will be a right turn lane at 69th Avenue. He explained they currently do not propose a right turn lane at 70th Avenue but it can be reanalyzed if warranted by the level of traffic or development. Mr.Breyen expressed concern about the proposed redevelopment uses attracting additional, high volumes of traffic into this area. Mr. Heppelmann reviewed the different traffic access options and their intent to keep traffic self-contained and not let it back into the residential neighborhood. Chairperson Willson noted once the type of development is known, these issues can be more specifically addressed. The Secretary explained the types of development being considered would not add appreciable amounts of traffic to Brooklyn Boulevard. He explained the development would be more geared to neighborhood retail to serve people in that area and will not generate the levels of traffic experience in the Brookdale Shopping Center area. Also with the roadway improvements, traffic will better move through this area. Mr. Breyen questioned closing 70th Avenue. The Secretary stated he is not in a position to comment on that question. He pointed out the Church would probably have some concern about closing 70th Avenue so there may be other issues involved. Greg Lutgen, 7216 Brooklyn Boulevard, advised with this proposal, he will have the last residential house on Brooklyn Boulevard north of 694. He stated he has talked with the Council about his concerns and believes Hennepin County has some responsibility between 71st Avenue and the City's border. He asserted that with the increase in traffic, the value of his house will be reduced. Julie Berg, 70th and June, questioned the deadline for receipt of proposals. Chairperson Willson reviewed the time schedule. Ms. Berg explained she needs to do some deferred maintenance work but may not want to if this project impacts her house and will occur shortly. The Secretary noted just because RFD's are sent out, it does not mean the City will get many. He hoped the City would receive five to ten proposals. The Secretary informed the City approved a Philips 66 gas station/convenience store use but the developers has put their plans on hold because of the roadway and redevelopment projects. 6-29-95 7 The Secretary clarified the City is not doing the redevelopment, but actively seeking redevelopment proposals and trying to spark some interest. If there is no market, the development will not happen. Marcella Hagen, 7015 Kyle, asked who will purchase the property, the City or the developer. Chairperson Willson stated hopefully the developer will come in and pay market value for the property. The Secretary explained if a resident's property is needed for right-of-way acquisition, the City will contact them. If the property is within a potential redevelopment area, then either the City or the private developer could contact them. John Evarts, 6936 Major Avenue, asked if the Brooklyn Boulevard improvement and property redevelopment will occur without a tax increase to him. He did not think the retail development would just serve the neighborhood since it has access to 694. Mr. Evarts questioned the type of businesses proposed and questioned the need for more retail business due to the vacant retail space already existing. The Director of Community Development explained the retail uses will be oriented to the neighborhood such as a small restaurant, deli, movie rental, drug store, etc, not a Target or WalMart type of use. He then explained Tax Increment Financing and how it works to encourage development. An unidentified resident questioned the impact on residential homes on Major Avenue from Brooklyn Boulevard traffic and noise. The Director of Community Development explained the redevelopment will probably involve creating a major buffer for the residential area. Charles Porter, 6933 Lee, questioned the timing of rezoning to commercial and impact on his taxes. The Secretary explained rezoning would not occur until the redevelopment plan comes forward. He doubted this would effect taxes since the value is based on the use of the property. ACTION RECOMMENDING APPROVAL OF DRAFT REQUEST FOR DEVELOPMENT PROPOSALS There was a motion by Commissioner Boeck and seconded by Commissioner Willson to recommend approval of the preliminary draft, to proceed to request development proposals, that those proposals be considered based on the criteria exhibited in this report as close to the time table as possible as enumerated in the report, and further that informational meetings be held as these development requests come to the City and to provide a more complete financial picture of taxing impact on the City. Commissioner Booth stated he is not opposed to recommending approval of the report but did not feel the Planning Commission should dictate to the Council to report back to them. Commissioner Boeck explained the Council does not have to follow this recommendation, but the Planning Commission has the privilege to make a recommendation to them. 6-29-95 8 Commissioner Booth stated on that premises, he has no objection to the motion on the floor. The motion passed unanimously. The Secretary noted that this matter will be referred to the City Council at the July 10, 1995, meeting. He invited all to attend the Council meeting and thanked them for coming tonight to provide input. APPLICATION NO. 95009 (CITY OF BROOKLYN CENTER) Chairperson Willson introduced the next item of business, a request from the City of Brooklyn Center for a rezoning from I-1 and C-2 to PUD/I-1 and approval for Planned Unit Development to accommodate appropriate common parking areas for the properties located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95009, attached). The Secretary advised this type of request is usually referred to the appropriate Neighborhood Advisory Group; however, in this case the Planning Commission is the Group for the Industrial Park Area. He further advised negotiations have been going on for some time. This matter has been reviewed by the City Attorney and staff recommends approval of the proposed resolution. Commissioner Boeck questioned Page 5 which indicates the City will construct 20 parking spaces. The Director of Community Development explained this is on the northeast corner and part of the General Litho Plant. He clarified if the City does construct the parking spaces, the cost would be assessed to the General Litho Plant. PUBLIC HEARING (APPLICATION NO. 95009) Chairperson Willson asked for a motion to open the public hearing on the request for rezoning from I-1 and C-2 PUD/I-1 and approval for Planned Unit Development at 10:29 p.m. There was a motion by Commissioner Boeck and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission and called for any questions for the applicant or for anyone else to speak at the public hearing. No one appeared to address this item. CLOSE PUBLIC HEARING There was a motion by Commissioner Booth and seconded by Commissioner Reem to close the public hearing at 10:29 p.m. The motion passed unanimously. 6-29-95 9 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95009 (CITY OF BROOKLYN CENTER) Commissioner Booth introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 95009 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Reem and upon vote being taken thereon, the following voted in favor thereof: Chairperson Willson, Commissioners Booth, Reem, and Boeck, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Secretary noted that the application will be referred to the City Council at the July 10, 1995, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. OTHER BUSINESS Commissioner Reem questioned the debris pile by St. Alphonus Church. The Secretary advised this is the staging area and part of the street reconstruction projects in the Woodbine and 71st Avenues area. Chairperson Willson reported a violation in outdoor display at the SuperAmerica Store on Highway 252 and requested staff to inform the manager of the proper location. Commissioner Booth questioned whether a permit was issued for the parking lot improvement at Earle Brown Elementary. The Secretary explained it was not necessary since that project was approved as part of the other construction projects. Commissioner Reem questioned the standards or code requirements for maintenance of commercial parking lots. The Director of Community Development advised staff has been inspecting parking lots. Commissioner Reem requested staff check the four foot deep hole by the UA Theater which has an unstable fence. The Secretary advised this area is for the skimming device and staff will determine whether/how it was to be fenced. ADJOURNMENT There was a motion by Commissioner Boeck and seconded by Chairperson Willson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:37 p.m. Chairperson Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 6-29-95 10