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HomeMy WebLinkAbout1996 12-12 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 DECEMBER 12, 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 Graydon Boeck, 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. Commissioner Mark Holmes entered the meeting at 7:33 p.m. APPROVAL OF MINUTES -NOVEMBER 14, 1996 There was a motion by Commissioner Booth, seconded by Commissioner Reem, to approve the minutes of the November 14, 1996 meeting, amended on Page 6, paragraph 5, sentence 1: "There was a motion by Commissioner Holmes, seconded by Commissioner Booth,..." The motion passed unanimously. 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 NO. 96017 (BROOKDALE MITSUBISHII 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 to develop an automobile sales and service dealership on property located at 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 development. (See Planning Commission Information Sheet for Application No. 96017 dated 12-12-96 attached.) Mr. Warren reviewed the history of the application. The initial application is detailed in Planning Commission Information Sheet, Application No. 96017, dated October 17, 1996, and the Planning Commission meeting minutes of October 17, 1996. In addition,the Northwest Neighborhood Advisory Group meeting minutes of November 7 and November 26, 1996 detail the Group's review of the application. 12-12-96 1 The property is currently zoned C-2 (Commerce) and C-1 (Service/Office). Because automobile sales and service are not comprehended under the C-1 zoning district,the applicant seeks rezoning, based on a site development plan, to a PUD/C-2 (Planned Unit Development/Commerce) designation. This designation allows the proposed use through a development agreement between the City and Brookdale Mitsubishi outlining the conditions and development restrictions and limitations associated with the proposal. A letter dated 9-19-96 from Mr. Ted Terp,the applicant, outlines benefits of the rezoning and development to the City of Brooklyn Center from the applicant's perspective. Following the first Neighborhood Advisory Group meeting,the applicant submitted a revised site plan which eliminates 56 parking spaces on the southeasterly side of the site to allow additional landscaping and construction of an 8 ft. high earthen berm. The revision is designed to provide additional screening for the Creek Villa townhomes located on the south side of Shingle Creek. The landscape plan submitted exceeds the City's point system used to evaluate landscape plans. Staff recommends possible addition of a screen fence along the Unity Place townhome area. The plan meets parking requirements and grading and utility plans are acceptable. The drainage and ponding plans are approved by the Shingle Creek Watershed Commission subject to its standard conditions (Commission's Project Review SC 96-21:Brookdale Mitsubishi, dated 12-5-96). Mr. Warren explained that the basis for consideration of the re-zoning application is the evaluation policy and review guidelines of the City's Zoning Ordinance and Planned Unit Development provisions and procedures. The issues involving disposition of this application were reviewed and are detailed in the Information Sheet. The Secretary read resolutions prepared for denial or approval of the Application. Denial is based primarily on the proposal's inconsistency with the City's Comprehensive Plan; approval is based on revision of the Comprehensive Plan to accommodate the rezoning as being in the overall best interests of the community. An additional condition regarding access to the site in the approval resolution was noted by the secretary. Mr. Warren stated the public hearing for the PUD/C-2 rezoning and site and building plan is to be reopened at this meeting. Chair Willson called for questions from the Commissioners. In response to questions from Commissioners Holmes and Boeck regarding the current zoning and existing variances of the parcels, Mr. Warren reviewed the zoning history and descriptions of the various parcels that comprise the site. Commissioner Reem asked whether the existing Toyota dealership could expand into the C-2 zoned parcel, and Mr. Warren replied that it could do so. Commissioner Walker inquired about the lighting plan particularly as it relates to the berm to be constructed. Mr. Warren responded to Commissioner Boeck's questions regarding replatting of the parcels, setbacks and easements from the Creek,and disposition of the portion of a parcel that extends across the Creek. Mr. Warren explained that a formal request to replat the parcels into one property must be submitted by the applicant, and could include the applicant's intent for that segment of the plat. 12-12-96 2 PUBLIC HEARING(APPLICATION NO. 96017) There was a motion by Commissioner Boeck, seconded by Commissioner Holmes,to re-open the public hearing on Application No. 96017 at 8:35 p.m. The motion passed unanimously. Mr. John Baker, Baker Associates, architect for the development, reviewed several aspects of the project. The revised plans respond to major concerns expressed by the Creek Villa neighborhood: noise and light pollution, water quality, and traffic. Mr. Baker explained that construction and landscaping of the berm provides screening for the Creek Village townhomes across the Creek, whereas a sizable open space separates the development from the Unity townhouse complex located some distance away from the site. Mr. Baker stated the access to the site will be relocated, the dealership will not use an outdoor paging system and an agreement with Toyota will re-direct its outdoor paging system to the north. The primary signage will be located on the Brooklyn Park side of the site facing Brooklyn Boulevard; 1 candlefoot security lamps will be installed on the south side; and the use of 25' poles will reduce glare. Mr. Baker reiterated that the water quality issues have been addressed and the plans meet the requirements of the Watershed Commission. With respect to traffic,Mr. Baker pointed out that significantly more traffic is generated by a 200-300 seat restaurant vs a car dealership such as Mitsubishi. The highest part of the building will be 24 feet; will be located 150' from the Creek and 200' from the Creek Villa townhomes; and the permanent earthen berm will shield the Creek Villa townhomes from visibility and noise. In addition, Mr. Baker stated there will be no night or Sunday business hours at the dealership. Commissioner Walker inquired whether any signs will be facing the townhomes. Mr. Baker explained the pylon sign would be located on a portion of the property near the access that actually lies in Brooklyn Park and will be angled toward the street, other signage will be on the front of the building, and a small light may be added above the service door. Mr. Baker described the traffic flow on the site and indicated the access to the property will be realigned with the one across Brooklyn Boulevard. He responded to Commissioners' questions regarding the berm and the signage. Mr. Warren provided additional information regarding the property lines of adjoining residential properties and the open space referred to by Mr. Baker. Ms.E. Potter,4803 Wingard Place,provided a history of the Creek Villa development,its residents, its tax contribution, and described the homeowners continuous efforts to enhance overall pride in the community. She spoke against rezoning of the property to accommodate the auto dealership primarily questioning the desirability of another dealership on Brooklyn Boulevard and requested the Commission's consideration of the impact of the proposal on residents and decreased property values of the Creek Villa townhomes. Ms. L. Halverson, 8633 Edinbrook Crossing, spoke as a character witness for Mr. Ted Terp. She stated Mr. Terp has demonstrated that he will be a good neighbor, bring a positive image to the community, support youth hockey, and the business will provide additional jobs. 12-12-96 3 Mr. Mark Morcomb, 5018-63rd Avenue North, spoke in support of the project because it makes sense to have another car dealership and it will have a positive impact on the City of Brooklyn Center. Ms. Shantell Stark, 5221-63rd Avenue North,reiterated support for the development noting it will provide a service site for local Mitsubishi owners, provide support to the community, and bring additional jobs to the City. While she sympathized with the neighborhood's concerns,the positive aspects of the business, including increased use of other City businesses and further opportunities, are important. Mr. D. Russ, representing the Welsh Companies, distributed a 12-10-96 letter regarding the marketing and sale of the former Red Lobster property,and a 12-9-96 letter from Darden Restaurants regarding the closure of that Restaurant. He reviewed the sale process, difficulties encountered, and indicated re-zoning of the property provides the best use of the property. Mr. Terp responded to Commissioner Boeck's inquiry regarding assembly of the various parcels that comprise the property. Commissioner Boeck stated the package of properties put together for one use of the site is the best for the City. Mr. P. Holbo, 7106 Perry Place, stated the applicant has worked with the Creek Villa neighborhood. However, water quality issues remain a concern because the retention ponds do not meet current NERP standards. He recommended that approval of this project should require maintenance of the berm in a natural state and improvement and maintenance of the retention ponds with the goal of improving the current substandard conditions. Mr. Holbo supported Ms. Potter's comments noting they reflect the Creek Villa Homeowners'Association position against the rezoning and development of a car dealership as proposed. Chair Willson read a 12-3-96 letter addressed to the Commission received from Ms. R. Goldstein, 7212 Perry Court, outlining opposition to the re-zoning because of the negative impact on property values and on the image of Brooklyn Center, and noise and light pollution created by a car dealership. Following discussion, no Commissioner interposed an objection to the re-zoning and site and building plans submitted under Application No. 96017, submitted by Brookdale Mitsubishi. CLOSE PUBLIC HEARING (APPLICATION NO. 96017) There was a motion by Commissioner Holmes, seconded by Commissioner Booth, to close the public hearing at 9:10 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96017 Commissioner Boeck introduced the following Resolution and moved its adoption: 12-12-96 4 RESOLUTION NO. 96-3 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96017 SUBMITTED BY BROOKDALE MITSUBISHI. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Newman,and upon vote being taken thereon,the following voted in favor thereof. Chair Willson, Commissioners Boeck,Booth,Newman and Reem,and Commissioners Holmes and Walker against the same, whereupon said resolution was declared duly passed and adopted. The motion passed by a vote of 5 to 2. (Reasons for the votes against the application were neither requested nor articulated, therefore, are unknown.) The Council will consider the recommendation at its Monday, January 13, 1997 meeting. The applicant must be present. OTHER BUSINESS Mr. Warren referred to the abbreviated 1997 Commission meeting schedule,noted that Commission meetings will be on Wednesdays during January and February,and revert to Thursdays in March for the remainder of the year. Reappointments to the Planning Commission will be made by the Council on December 16, 1996. Mr. Warren thanked the Commissioners for their work and attendance during 1996. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Walker,to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:25 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial 12-12-96 5 i 1