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HomeMy WebLinkAbout1997 10-16 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 16, 1997 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners Mark Holmes,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 Boeck and Erdmann were excused. APPROVAL OF MINUTES - SEPTEMBER 11, 1997 There was a motion by Commissioner Newman,seconded by Commissioner Holmes,to approve the minutes of the September 11, 1997 meeting, as submitted. The motion passed unanimously. Commissioners Holmes and Reem abstained because they were not at 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 97010 97011 97012 (Holiday Stationstores. Inc.) Chair Willson introduced requests submitted by Holiday Stationstores,Inc.,identified as Application No. 97010,for approval of a preliminary plat to subdivide two existing lots into three lots to allow redevelopment of a dental office and Holiday Stationstore at the northwest corner of T.H. 252 and 66th Avenue North; Application No. 97011, for a special use permit and site and building plan approval to construct on the new Lot 1 a new Holiday Stationstore with an attached car wash located at the northwest corner of T.H. 252 and 66th Avenue North; and Application No. 97012, for approval of a site and building plan to demolish existing dental office and build a new dental clinic building on the new Lot 2 that would be located west of the proposed Holiday Stationstore. Lot 3, a 1.24 acre parcel subject to future commercial development,provides a buffer between the Holiday Stationstore and the abutting R-3 zoned property to the north. Initial review of the applications,including a public hearing, occurred at the Commission's August 14, 1997 meeting. Action on the applications was tabled at that meeting to allow time for the applicant and City staff to resolve concerns regarding traffic and access conflicts. The Commissioners agreed to consider the three Applications concurrently at this meeting. Mr. Warren presented the staff report using overhead transparencies to describe the location of the project,the revised landscape plan, and median and turn lane information. (See attached Planning Commission Application Information Sheet dated 10-16-97 and reference Information Sheets dated 08-14-97 and 08-14-97 Commission meeting minutes.) A revised landscape/screening plan for the area westerly of the proposed dental office where it abuts the Riverwood Townhomes was presented. The plan, resulting from discussions between the applicant and a townhome representative,provides for a 6 ft. high cedar screen fence in the 35 ft. buffer area between the building and the west property line and adds eight spruce trees to supplement screening required between commercial and residential property. Mr. Warren directed the Commissioners' attention to a 10-14-97 letter and attachments from Mr. Glen Van Wormer,SEH,the consulting firm used by the City for traffic recommendations. The firm reviewed the current access question and possible future development/redevelopment south of the 66th Avenue in the Camden Avenue area. City staff and representatives of Holiday and SuperAmerica participated in discussions regarding traffic and access issues. Camden Avenue will be the primary access to the development/redevelopment area. A median and turn lanes along 66th Avenue North are essential for traffic control purposes. A median break developed midway between T.H. 252 and Camden Avenue aligned closely to the Holiday/dental clinic shared access could provide access to commercial developments south and north of 66th Avenue. The recommended median break would, however, compel SuperAmerica to construct another access west of its current access to take advantage of the break. That relocated access could also serve future development west of SuperAmerica. At this time, it is recommended that turn lanes and a median be installed up to the location of the proposed median break and the remainder of the median to Camden Avenue be constructed when future development occurs on the south side of 66th Avenue North. It was noted that the right-in access originally proposed by Holiday will not be allowed. Based on preliminary discussions,the Minnesota Department of Transportation views the roadway plans favorably. The staff recommends approval of the three Applications submitted by Holiday Stationstores,subject to the conditions attached to each application as outlined in the Information Sheet dated 10-16-97. Chair Willson called for questions from the Commissioners. He also inquired whether Commissioners Walker and Newman desired further information since they were absent from the August 14 meeting. Both Commissioners indicated they were satisfied with their knowledge of the project. Commissioner Newman inquired about the status of the sand trail (5th Street). Mr. Warren stated the trails are not considered roadways and the City does not intend to extend Fifth Street for automobile use. Chair Willson inquired about the timing of the construction of the necessary 10-16-97 2 roadway improvements. Mr. Warren explained that roadwork will occur simultaneously with development of the new Lots 1 and 2 allowing for some flexibility,however,those improvements must be completed before occupancy and opening would be permitted. Mr. Warren responded to Commissioner Walker's inquiries about the Stationstore's trash dumpsters, lighting, and use of an outdoor intercom system. With respect to the outdoor intercom, Mr. Warren explained that issue is regulated by the noise ordinance. Commissioner Reem asked whether the applicant has resolved the issue of mobility for delivery vehicles. Mr. Warren indicated this has been brought to their attention,however,it is not expected to affect traffic movement. City staff would be responsible for monitoring the situation. PUBLIC HEARING(APPLICATION NOS. 97010, 97011, AND 97012) There was a motion by Commissioner Holmes, seconded by Commissioner Walker, to reopen the public hearing on Application Nos. 97010 and 97011 at 8:25 p.m. The motion passed unanimously. Mr. Mark Nelson, representing Holiday Stationstores, Inc., stated the company participated in negotiations regarding the roadway improvements and agrees to the recommendations presented by Mr. Warren. In addition, after meeting with the neighboring townhome association,the company revised its landscape plan as presented. The company accepts and agrees with all the conditions stipulated for each Application and requests approval of the projects. Chair Willson commended the company for its collaboration with the townhome residents to improve the screening/landscaping. In response to Commissioner Walker's inquiry regarding the use of outdoor intercoms, Mr.Nelson stated the system is required by law for emergency reasons. Commissioner Reem asked whether the car wash will be operational 24 hours and Mr. Nelson replied that it will. Mr. Warren further noted that the City does not restrict businesses from operating on a 24 hour basis. The car wash is the single vehicle touchless type that has closing doors during use. The exterior of the dental building will be a neutral colored cedar siding. Mr. Tim Keane, attorney representing SuperAmerica, stated that while SuperAmerica welcomes the competition,two issues are of concern(reference Mr. Keane's 10-16-97 letter to the Commission). The company believes that over-intensification of traffic at the T.H. 252 and 66th Avenue North intersection will result. Mr. Keane, citing sections of the City's Ordinances, further stated that the company questions whether the City's standards for special use permits are met by the Applicant (Holiday). (Specifically: (b. ..."will not be injurious to the use...of other property in the immediate vicinity for the purposes already permitted..." and c. "...will not...impede the normal and orderly development...of surrounding property uses permitted in the district.") Mr. Keane pointed out that requiring SuperAmerica to negotiate joint access with the adjoining property to the west(Fitterman) is a significant burden and recommends that the applicant(Holiday)be responsible for negotiating the terms and construction of the access and realigned drive for the properties on the south side of 66th Avenue North. According to Mr. Keane,discussions with the owner of the property adjacent to SuperAmerica has been unsuccessful because the owner is only interested in the sale/marketing of the property for retail 10-16-97 3 development. SuperAmerica is not interested in purchasing the property since they have adequate space for their needs at that location. Mr. Keane further pointed out that while SuperAmerica has not created the need for the realigned access, they intend to protect its business interests and will work/negotiate further with the City to make the necessary adjustments. Mr. Steve Schell,partner in the River Road Dental Clinic,pointed out that in terms of development on the north side of 66th Avenue,the proposed Holiday Stationstore and new dental building will not generate as much traffic as would other establishments such as McDonalds or Burger King. Mr. Mike Kelley, counsel for Holiday,noted that development on the south side of 66th Avenue is inevitable and lack of access would only diminish the value of the Fitterman property, therefore SuperAmerica's access negotiations should not be difficult. Holiday intends to address its use of the outdoor intercom system to demonstrate its neighborhood commitment. CLOSE PUBLIC HEARING(APPLICATION NOS. 97010. 97011. AND 97012) There was a motion by Commissioner Reem,seconded by Commissioner Walker,to close the public hearing on Application Nos. 97010 and 97011 at 9:18 p.m. The motion passed unanimously. The Commissioners participated in a discussion regarding the points raised by SuperAmerica and the traffic management issues on 66th Avenue North. Commissioners Holmes and Reem expressed concern that approval of the Applications unfairly forces SuperAmerica to realign its access and could be construed as being injurious to that existing business. Commissioner Reem further suggested a study of the entire area to include future development of the Fitterman property and related traffic management would give the City a basis for making better long-range decisions. It was pointed out,however,that the City must act on the Applications before it in a timely manner based on current regulations/ordinances and be prepared to justify its reasons for nonapproval of an application that fully meets the standards set forth. It was acknowledged that the undeveloped property will certainly be developed and similar problematic issues will be encountered. It was noted that Mr. Van Wormer's report and recommendations take into consideration future development/redevelopment in this area. The Commissioners recognized that the City will ultimately decide where the median and median break will be placed on 66th Avenue North based on further negotiations, the best interests of the City, and its responsibility for safe traffic management. The Commissioners accepted Mr. Warren's recommendation that condition #17 listed under Application No. 97011, on page 5 of the staff report be removed and attached as condition#15 to Application No. 97012. There was a motion by Commissioner Walker, seconded by Commissioner Holmes, to add Condition 18 to Application No. 97011, as follows: "The intercom system shall be used only for emergency purposes. Voting for: Chair Willson, Commissioners Holmes, Reem, and Walker. Voting against: Commissioner Newman. 10-16-97 4 The motion passed on a 4 to 1 vote. Following its discussion,the Commission interposed no objections to recommending approval of Application Nos. 97010, 97011, and 97012, as submitted by Holiday Stationstores, subject to the conditions as attached and amended. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97010. HOLIDAY STATIONSTORES There was a motion by Commissioner Walker, seconded by Chair Willson, to recommend to the Council that it approve Application No. 97010, for preliminary plat approval, 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. A subdivision agreement,as approved by the City Engineer, shall be executed prior to final plat approval. 4. Appropriate driveway and cross access easements shall be developed and filed with the titles to the properties in question. These easements are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. 5. The existing 60 ft. wide easement shall be continued and shown on the final plat for this property. Voting for: Chair Willson, Commissioners Holmes,Newman, Reem, and Walker. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97011. HOLIDAY STATIONSTORES There was a motion by Commissioner Walker, seconded by Commissioner Reem, to recommend to the Council that it approve a special use permit and the site and building plans of a Holiday Stationstore project, subject to the following conditions: 1. The 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 and utility 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 based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 10-16-97 5 4. Any outside trash disposal facilities or on-ground 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. An 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-612 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 guarantees. 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 special use permit is granted to Holiday Stationstores, Inc. for a gas station/convenience store/car wash at this location.Any expansion or alteration of the use shall require an amendment to the special use permit granted. 12. The special use permit is subject to all applicable codes,ordinances, and regulations. Any violation thereof shall be grounds for revocation. 13. The plan shall be modified prior to the issuance of building permits to indicate: a. A concrete delineator to be installed in the parking lot southeasterly of the building to define the end of the parking and the one way drive lane leading to the car wash area. b. A "one way" sign shall be located at the southeast corner of the building to indicate proper traffic movement in this area. C. A delineator in the driveway serving this site to separate in-bound and out- bound traffic and to be consistent with zoning ordinance provisions limiting driveway widths to no more than 30 ft. d. The elimination of the right-in only access from 66th Avenue North. 10-16-97 6 14. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 15. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 16. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 17. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 18. The outdoor intercom system shall be used only for emergency purposes. Voting for: Chair Willson, Commissioners Holmes, Reem, and Walker. Voting against: Commissioner Newman. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97012. HOLIDAY STATIONSTORES There was a motion by Commissioner Newman,seconded by Commissioner Holmes,to recommend to the Council that it approve Application No. 97012, for the dental clinic site and building plans, subject to the following conditions: 1. The 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 and utility 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 based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities or on-ground 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. 10-16-97 7 6. An 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-612 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 guarantees. 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. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department, 12. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 13. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. 15. The screening between the dental office and the R-3 zoned property to the west, consisting of a combination of a 6 ft. high opaque fence and Colorado Blue Spruce trees is consistent with screening required by the Ordinance. Voting for: Chair Willson, Commissioners Holmes,Newman, Reem, and Walker. The motion passed unanimously. The Council will consider the recommendations on Application Nos. 97010, 97011, and 97012 at its Monday, October 27, 1997 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. BROOKDALE SQUARE (PEP BOYS) 10-16-97 8 Mr. Warren brought the Commissioners attention to a preliminary plan submitted by Pep Boys, a retail auto parts and service company,that involves modifications to a building at Brookdale Square. Specifically,the building on the east side of Shingle Creek Parkway that will accommodate the new business will be partially demolished and reconfigured. Because of current zoning in the area, however, an application for the project would involve a special use permit which could not go forward because the property abuts R-1 zoned property on the opposite side of Shingle Creek Parkway. He explained that this property will never be utilized for single family development and should,perhaps,be zoned open space as it contains the Shingle Creek greenstrip and walkway area. If the property were zoned 0-1,the Pep Boys proposal could go forward. He also noted the Planning Commission could also acknowledge the fact that this type R-1 abutment is not the type that should be precluded by the ordinance and go forth with such a recommendation. Following discussion, the Commissioners agreed that the affected areas should be re-zoned and recommended that staff proceed with the rezoning process. The Commissioners suggested the Application for the new business could be prepared and brought before the Commission for its consideration during the rezoning process. OTHER BUSINESS Commissioner Reem reported the occurrence of security/personal safety problems in or around the lobby/bathroom area adjacent to the Applebee's restaurant at the Brookdale Mall, especially when the shopping mall is closed. Mr. Warren indicated he would give that information to the Police Department. Mr. Warren briefly commented on pending agenda items and noted the next Commission meeting is scheduled for Thursday, October 30, 1997. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Holmes,to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:10 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 10-16-97 9 1