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HomeMy WebLinkAbout1996 10-17 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 17, 1996 CALL TO ORDER The Planning Commission met in a regular session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Donald Booth,Rex Newman,Dianne Reem, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Graydon Boeck and Mark Holmes was excused. APPROVAL OF MINUTES - SEPTEMBER 26, 1996 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the September 26, 1996 meeting as submitted. The motion passed unanimously. Commissioners Booth and Walker abstained as they did not attend that meeting. 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. APPLICATION NOS. 96015 AND 96018 (LANDFORM ENGINEERING COMPANY) Chair Willson introduced Application No. 96015,a request from Landform Engineering Company, Wayzata MN, for preliminary plat approval to subdivide into two lots the property located at the northeast corner of 63rd Avenue North and Brooklyn Boulevard, and Application No. 96018, a request from Landform Engineering Company for a Special Use Permit for accessory off-site parking located on the same property. The Commissioners agreed to consider these related Applications together. The Secretary explained that Application No. 96015 was tabled by the Commission on September 26 pending the applicant's submission of a Special Use Permit request(Application No. 96018)to approve an off-site accessory parking arrangement related to this Application. Using overhead transparencies,Mr. Warren briefly reviewed the location and proposed preliminary plat to divide the subject property into two lots to provide for construction of a Walgreen pharmacy on Lot 1 and a 10-17-96 1 Rainbow food store and two other freestanding retail buildings on Lot 2. (See details in Planning Commission Information Sheets for Application No.96015 dated 9-26-96 and dated 10-17-96 which are attached.) Mr. Warren stated that with subsequent approval of Application No. 96018, the preliminary. plat (Application No. 96015) is in compliance, subject to 5 conditions outlined in the staff report. In addition,the final plat requires cross parking and cross access agreements between the two lots and dedication of a 30'roadway easement for Beard Avenue North, and the existing building on the site must be demolished prior to final plat approval. Mr. Warren presented the staff report for Application No. 96018 (companion to Application No. 96015). (See details in Planning Commission Information Sheet for Application No. 96018 dated 10-17-96 attached.) He explained that the property,when subdivided into two lots,provides more than the required number of parking spaces. However, Lot 1 is short 19 parking spaces of the minimum required for the pharmacy building under the City ordinance. The applicant chose to apply provide for off-site accessory parking on Lot 2 encumbered for the sole for a Special Use Permit to rY p g p p use of Lot 1. Using a overhead transparency of a drawing submitted by the Applicant,the Secretary described the arrangement for 24 parking spaces lying easterly of the lot line separating Lots 1 and 2 to be encumbered for the use of Lot 1 where the Walgreen store will be built. This off-site accessory parking will meet the City's parking requirements for this Lot and the proposal is consistent with the City's standards and requirements for special use permits. The ordinance requires filing a legal encumbrance acknowledging the dedication of the required parking from the accessory off-site lot to the principal lot. Chair Willson called for questions from the Commissioners. Commissioner Walker inquired how the accessory parking will function,i.e.,how will it affect users of the parking areas for the retail businesses. Mr. Warren explained that users will not be affected because the encumbrance is primarily for the purpose of ownership to legally and permanently verify that the properties are in full compliance with City ordinances. Therefore,the legal designation will be transparent to customers using the parking facilities on the property. PUBLIC HEARING (APPLICATION NOS 96015 AND 96018 LANDFORM ENGINEERING COMPANY) There was a motion by Commissioner Booth, seconded by Commissioner Reem, to reopen the public hearing on Application No. 96015 and to open the public hearing for Application No. 96018 at 7:50 p.m. The motion passed unanimously. Mr. Darren Lazan, representing Landform Engineering Company, Wayzata MN, stated he had no further comments to add to the Secretary's report, and Ms. Jenna Sellers, project architect, and he are available to answer questions. Mr. Lazan indicated the Applications comply with the City's criteria and requested favorable action on both Applications. 10-17-96 2 Chair Wilson inquired if anyone else wished to be heard. There being none, be called for a motion to close the public hearing. Motion by Commissioner Reem, seconded by Commissioner Booth, to close the public hearing at 7:51 p.m. The motion passed unanimously. The Commissioners interposed no objections to the Applications as submitted, subject to the conditions outlined in the staff report. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS. 96015 AND 96018 (LANDFORM ENGINEERING COMPAN) Q There was a motion by Commissioner Booth, seconded by Commissioner Walker, to recommend to the Council that it approve Application No. 96015, preliminary plat, submitted by Landform Engineering Company, 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. The existing building on the site shall be demolished prior to final plat approval. 4. Preliminary plat approval is subject to the approval of Planning Commission Application No. 96018 for off-site accessory parking. An appropriate document legally encumbering a minimum of 20 off-site parking spaces on the proposed Lot 2 for the sole use of the proposed Lot 1 shall be approved by the City Attorney and filed with the final plat for this property. 5. Appropriate cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filled with Hennepin County as part of this plat. and to recommend to the Council that it approve Application No. 96018, special use permit, submitted by Landform Engineering Company, subject to the following conditions: 1. The special use permit is granted to allow a minimum of 20 parking spaces on the proposed Lot 2,Block 1 Rainbow's Garden City Addition to be legally encumbered for the sole use of the proposed Lot 1, Block 1 Rainbow's Garden City Addition. 2. A legal encumbrance, in a form approved by the City Attorney, shall be filed with the final plat comprehended under Planning Commission Application No. 96015. Voting in favor: Chair Willson, Commissioners Booth,Newman, Reem, and Walker. The motion passed unanimously. 10-17-96 3 The Council will consider the recommendation at its October 28, 1996 meeting. The applicant must be present. Major changes to the applications as reviewed by the Commissioners will require that the applications be returned to the Commission for re-consideration. APPLICATION NO. 96017 (BROOKDALE MITSUBISHI) Chair Willson introduced Application No. 96017,a request for rezoning and site and building plan approval through the Planned Unit Development(PUD)process, from Brookdale Mitsubishi, 7223, 7227, 7231, and 7235 Brooklyn Boulevard. The Secretary presented the staff report using overhead transparencies to show the location and site and building plans for the proposed 18,000 sq. ft. automobile dealership on a 7.035 acre site on the west side of Brooklyn Boulevard, northerly of Shingle Creek. (See Planning Commission Information Sheet For Application No. 96017 dated 10-17-96 attached.) Mr. Warren described the four parcels of the property located in Brooklyn Center and a small triangular shaped parcel of land located in Brooklyn Park. The applicant has acquired all of the parcels described and plans to demolish the vacated restaurant building to construct a automobile showroom,office,and service center. In additional an existing building currently occupied by CEAP will be converted to store automotive parts and for vehicle detailing and cleanup. CEAP will lease that building for up to one year until its relocation is accomplished. Mr. Warren explained the existing zoning of the various parcels and of adjacent properties. He stated that automobile sales and service are special uses in the C-2 zoning district, are not comprehended under the C-1 zoning district,and automobile repair is not allowed to abut R-1, R-2, or R-3 zoned property at a street or property line. Because of these current conditions,the applicant proposes to pursue its request through the PUD process and seek rezoning based on a site and development plan to a Planned Unit Development/Commerce zoning designation that would allow the proposed use through a development agreement. Mr. Warren described the PUD process,the rules and regulations of the Zoning Ordinance, and the policy and review guidelines for rezoning. He presented the staff review of the guidelines as they related to the applicant's proposal. A letter dated September 19, 1996, from Mr. Theodore Terp, Brookdale Mitsubishi, describes the benefits of the development to the City anticipated by the applicant. According to Mr. Terp,benefits include redevelopment of the abandoned restaurant site and a vacant site, elimination of an access road,realignment of the access curb cut to be directly opposite an existing access on Brooklyn Boulevard,ponding areas to improve water quality and run- off from the site. In addition,the applicant believes the redevelopment to be consistent and logical with respect to other current uses in the surrounding area. The Secretary reviewed the staff analysis of the site and building plan, access and parking, grading, drainage, utilities, landscaping and screening plan, building exterior materials and design, and lighting and trash requirements. The staff recommends modifications to the building plan and additional information is requested with respect to landscaping, site lighting, trash containment, provisions for screening, and storm sewer installation. A storm drainage and water management 10-17-96 4 plan must be submitted to the Shingle Creek Watershed Management Commission for review and comment. Procedures for rezoning were detailed by the Secretary. He recommended following the Commission's public hearing,that the rezoning proposal and site and building plan be referred to the Northwest Neighborhood Advisory Group for review and comment. It was noted that State Statutes allow only 60 days for City review and determination on zoning matters. While the applicant can demand the matter be acted on by the Council within 60 days of the date of its filing, the time limitation does not give the Commission adequate time to make its recommendation. Mr. Warren stated the applicant has been requested to waive the 60 day time frame in lieu of the Commission's review process. It is recommended that the Commission confirm the applicant's acknowledgment of this waiver and assure that the application will be expedited. Mr. Warren pointed out that the 4 parcels of land must also be platted into one single parcel and the recommendations outlined in the staff report including a number of details not yet received from the applicant must be incorporated into the proposal. The Secretary recommended that following the Commission's consideration of the proposal and the public hearing, the application be tabled with the consent and acknowledgment of the applicant, and the application be referred to the Northwest Neighborhood Advisory Group for its review and comment. Chair Willson called for comments from the Commissioners. Chair Willson noted that considerable information is still required for this application and emphasized that the Commission be allowed adequate time to consider this application. Mr. Warren explained the protection provided in City ordinances and reviewed the time frame required to process this application. Commissioner Walker inquired about the staff recommendation regarding installation of a screening fence on the property. Mr. Warren recommended that an 8 foot high opaque fence or wall be installed along the parking lot on this site to screen various adverse effects on the abutting residential property. PUBLIC HEARING (APPLICATION NO. 96017 BROOKDALE MITSUBISHI) There was a motion by Commissioner Booth, seconded by Commissioner Newman, to open the public hearing on Application No. 96017, at 8:45 p.m. The motion passed unanimously. Mr. John Baker, Baker Associates, Inc., Minneapolis, architect for the project, emphasized their concern for the natural buffer zone between the commercial and residential and existing uses on Brooklyn Boulevard, and indicated the design package and proposal are straight-forward. Chair Willson inquired whether the applicant will waive the 60 day review and decision period. Mr. Ted Terp,Brookdale Mitsubishi,Minneapolis,on behalf of the applicant,agreed to waive the 60 day review and decision period allowed under State Statutes. The Commissioners acknowledged waiver of the 60 day requirement by Brookdale Mitsubishi under Application No. 96017, and assured expeditious handling of the application. Commissioner Walker inquired what the hours of operation will be for the business. Mr. Terp stated the service hours will be 7:30 a.m. to 6 p.m. Service hours will be expanded in the future based on 10-17-96 5 customer demand, however City criteria will be followed. The sales showroom for new and used vehicles will be open 9 to 9 Monday-Thursday and 9-6 on Friday. Chair Willson noted that landscaping,parking plans,lighting and trash enclosure are not defined and that information must be provided to the Commission. Messrs.Baker and Terp indicated their intent to comply with the requests for additional information on the Application. The Commissioners inquired about various aspects of the proposal. Messrs. Baker and Terp responded to their questions,described the components of the automobile dealership, and reiterated that more information will be provided with respect to the Commissioners' concerns. Mr. R. Duffy, 7215 Perry Court East, expressed concern about the effect of this proposal on the property values of Creek Villa homeowners,the noise pollution created by public address paging systems especially during the evening hours, extensive lighting and odorous fume pollution from the property, increased traffic problems particularly with hazardous exit and entry to Creek Villa, and unsightly operations of an automobile dealership. He noted the information presented is sketchy with respect to concerns of the residents. Mr. Duffy explained that the Creek Villa neighborhood owns and maintains its private streets and expressed concern regarding use of its streets for "test" driving of vehicles. He stated the homeowners association has previously contacted the existing Toyota dealership,with little success,to alleviate the current problems with test drivers (customers, employees, and salesmen)using Creek Villa streets. Ms. S. Bergfalk, 7209 Perry Court West, outlined opposition to the proposed rezoning and development of Brookdale Mitsubishi. She pointed out that the plan is inconsistent with the City's Comprehensive Plan and sacrifices residential quality of life for economic benefit. She expressed concern regarding overall environmental impact of the proposal including the pollution of air,water, soil, lighting, noise, and toxic materials created by an automobile dealership and noted that the proposal does not address these concerns. Ms. Bergfalk recommended that the Planning Commission carefully consider the mental health and physical well being of the Creek Villa community, which is already enduring countless hazards from the existing car dealerships, be protected through limited hours of operation, increased buffer zones, prevention of excessive lighting, and elimination of the automobile repair aspect of the proposal. Mr. P. Goldstein, 7212 Perry Court East, described the location and style of his home as it relates to the proposed development which will be directly affected by the development of this proposal. While foliage on the trees during the summer provide some relief from the pollution, an 8 ft. fence would not be adequate for screening in his opinion. He reiterated and supported the concerns previously expressed regarding noise and light pollution from the proposed development and invited the Commissioners and the applicant to visit his home to view the sight lines. Mr. R. Greenwood,4908 Wingard Place,reiterated and supported the concerns expressed regarding noise pollution caused by loud speaker systems. He inquired about the need to rezone the small portion of the property that lies on the Creek Villa/Shingle Creek(south) side of the property which 10-17-96 6 the developer does not intend to use. (Chair Willson responded that the City generally rejects "spot zoning" to the benefit of any individual or business.) Ms. J. Cole, 7220 Perry Court East, explained that the 3-level design of her home in Creek Villas faces the adjacent property. While trees in full foliage during the summer months would deflect the development, she pointed out that for 8 months of the year,the trees are bare and noise and lighting from the existing Toyota dealership already create noise and lighting pollution. Ms. Cole requested that the residents and quality of life of Creek Villa,who are primarily retired persons,and the Creek, wildlife, and natural beauty of the area be protected and preserved through intense examination of the proposal. Mr. K. Wutschke, 7226 Perry Court East, described the proximity of his home to the proposed development. He reiterated and supported the concerns expressed regarding noise/public address system and light pollution. He described apprehension regarding the water run-off from the blacktopped dealership given the porous soil conditions in the area and its effect on Shingle Creek. (It was noted that the Watershed Management Commission must review the plans for this project.) Mr. Wutschke questioned the value of an 8 foot fence in deterring noise and light pollution from the development. Mr. W. Sampson, 7208 Perry Court West,reiterated and supported the concerns expressed regarding visual and auditory pollution. Noting that the deciduous trees in the area loose leaves early in the year, Mr. Sampson suggested that large non-deciduous trees such as evergreens be planted in the affected areas. Ms. R. Andrescik, 7212 Perry Court East, expressed strong concern regarding the initial establishment of operating hours of the dealership as stated by the applicant and indicated that further discussion on this subject is imperative to the residents of the Creek Villa neighborhood. The Commissioners, Mr. Warren, and the applicant's representatives, Messrs. Baker, and Terp acknowledged the concerns expressed by the public. The applicants stated they are willing to work with the neighborhood to address the problems cited and to reach mutual solutions. Mr. Terp suggested that the small parcel of the property lying south of Shingle Creek could be donated to the Creek Villa homeowners. ACTION TO TABLE CONSIDERATION OF APPLICATION NO. 96017 AND TO CONTINUE PUBLIC HEARING(BROOKDALE MITSUBISHI) At 9:30 p.m.,there was a motion by Commissioner Booth, seconded by Commissioner Walker,to table action on Application No. 96017, to refer the Application to the Northwest Neighborhood Advisory Group for review and comment, and to continue the public hearing. Voting in favor: Chair Willson, Commissioners Booth,Newman, Reem, and Walker. The motion passed unanimously. 10-17-96 7 A meeting of the Northwest Neighborhood Advisory Group will be scheduled as soon as possible to expedite consideration and action on Application No. 96017. The applicant, the affected residents, and Commissioners will be notified of the meeting date. Arlene Bergfalk agreed to act as Recording Secretary for the neighborhood meeting. Chair Willson recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m. APPLICATION NO 96019 (T ANDFORM ENGINEERING COMPANY Chair Willson introduced Application No. 96019, a request submitted by Landform Engineering Company for preliminary plat approval to subdivide into 3 lots the 13.09 acre parcel of land located on the north side of Freeway Boulevard,westerly of the Schmitt Music site. Mr. Warren presented the staff report using overhead transparencies to show the site and location of the property to be subdivided. (See Planning Commission Information Sheet for Application No. 96019 dated 10-17-96 attached.) The purpose of the subdivision is to create 3 legal lots based on the 3 separate uses of the site. Adequate parking for each of the separate uses and proportionate division of the wetland and flood plain area between the 3 properties is provided. Mr. Warren distributed a revised Parking Summary provided by the Applicant reflecting the parking scheme which meets zoning district standards and revised property lines. The subdivision will create Lot 1, 3.96 acres, site of the T.G.I. Friday's Restaurant;Lot 2, 5.30 acres, site of the 85 unit Country Inn and Suites; and Lot 3, 3.82 acres, site of a 250 seat (yet undetermined) restaurant. These developments were previously approved under Planning Commission Application No. 96012. Appropriate cross access and parking agreements are required for inclusion in the final plat. Review and approval of the site has been received from the Shingle Creek Watershed Management Commission. The City Engineer may offer additional comments on the application. Mr. Warren indicated the preliminary plat is in order and recommended approval subject to 3 conditions outlined in the staff report. Chair Willson called for comments from the Commissioners. Chair Willson inquired whether the sewer line on the property has been re-located. Mr. Warren explained that relocation to the street line has been completed. PUBLIC HEARING(APPLICATION NO 96019 LANDFORM ENGINEERING COMPAN) I There was a motion by Commissioner Booth, seconded by Commissioner Reem,to open the public hearing on Application No. 96019, at 9:50 p.m. The motion passed unanimously. Mr. Darren Lazan, representing Landform Engineering Company, Wayzata MN, referred to the revised parking summary submitted with revised lot lines to create the lots described by Mr. Warren in his presentation,and indicated there were tight constraints on the property based on the real estate agreements. Cross access and parking agreements will be prepared for the final plat documentation. Mr.Lazan stated the subdivision is for legal separation of the properties based on their uses;however 10-17-96 8 all other previous site approvals remain the same. Favorable consideration and approval of the preliminary plat subdivision was requested. The design, construction and location of the cupolas on the buildings were reviewed. Mr. Lazan stated that negotiations for occupancy of the second restaurant continue. Construction has begun and it is anticipated that will continue through fall and winter with initial completion of T.G.I. Fridays early in the spring. There was a motion by Commissioner Walker, seconded by Commissioner Newman,to close the public hearing on Application No. 96019, at 9:55 p.m. The motion passed unanimously. The Commissioners interposed no objections to the Application as submitted subject to the conditions outlined in the staff report. _ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96019 (LANDFORM ENGINEERING COMPANY) There was a motion by Commissioner Booth. seconded by Commissioner Walker,to recommend to the Council that it approve Application No. 96018, submitted by Landform Engineering Company, Wayzata, MN, 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 cross access and parking agreements, as determined by the City Attorney, shall be executed prior to final plat approval and be filed with Hennepin County as part of the final plat. Voting for: Chair Willson,Commissioners Booth,Newman,Reem,and Walker. The motion passed unanimously. The Council will consider the recommendation at its October 28, 1996 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioner will require that the application be returned to the Commission for re-consideration. Commissioner Reem inquired about Landform Engineering Company's progress on the Rainbow Food Store complex at 63rd and Brooklyn Boulevard. Mr. Lazan stated the asbestos abatement has begun following approval of the procedure by the Minnesota Pollution Control Agency. The developer intends to complete demolition and begin construction yet this fall. DISCUSSION - PRELIMINARY SITE PLAN SUBMITTED BY DAKOTA HOSPITALITY COMPANY Mr. Warren reported that a preliminary site plan application has been filed today for a Planned Unit Development at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. This site 10-17-96 9 was originally approved for a Country Harvest restaurant,therefore the plan represents a revision to the existing one which did not reach culmination. The developers requested that a preliminary site plan be presented at this meeting. The formal application will be placed on the Commission's November 14 meeting agenda. Representatives of Dakota Hospitality Company, a North Dakota hospitality development and management company, presented extensive information on its company, showed drawings and models of its proposed Americinn Motel and Suites,proposed to be constructed on the site. The Commissioners asked questions,made comments and suggestions,and participated in a general discussion with the representatives. Details of the presentation are not included in these minutes because this subject was presented only for preliminary discussion and the Commissioners took no action. Details will be included in the minutes of the meeting at which the formal Application is presented, considered, and acted upon by the Commission. OTHER BUSINESS The Commission's next meeting will be a joint meeting at 7:00 p.m. on October 30, 1996 with the City Council members in Conference Room B, City Hall, to consider the plans and timetable to update the City's Comprehensive Plan. Mr. Warren reminded the Commissioners that the October 31 regular meeting is canceled. ADJOURNMENT There was a motion by Commissioner Booth, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:25 p.m. - Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 10-17-96 10