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HomeMy WebLinkAbout1989 07-13 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 JULY 13, 1989 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:31 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Sander had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - JUNE 15, 1989 Motion by Commissioner Bernards seconded by Commissioner Ainas to approve the minutes of the June 15, 1989 Planning Commission meeting as submitted. Voting in favor: Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. Not voting: Chairperson Malecki. The motion passed. APPLICATION NOS. 89017, 89018, AND 89019 (The Robert Larsen Partners) Following the Chairperson's explanation, the Secretary introduced a1T-Ehree items of business, a request for site and building plan approval to add approximately 39,000 sq. ft. of retail space to Brookdale Shopping Center at 5900 Shingle Creek Parkway; a request for preliminary plat approval to combine into a single parcel the Brookdale Square site and the General Cinema site to the east; and a request for a variance from Section 35-540 of the Zoning Ordinance to allow a small triangle of land along the east side of the General Cinema site to be excluded from the plat. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 89017, 89018 and 89019, attached) . The Secretary also pointed out the current access location off Shingle Creek Parkway and noted that the project to install the traffic signal at the Brookdale Square entrance has been approved by the City Council. He briefly reviewed the past history of the Brookdale Square development and noted that the City had originally sought dedication of a public street along the north side of the Brookdale Square ! property to connect Shingle Creek Parkway and John Martin Drive. That option, however, was not followed by the developer. The Secretary also noted that the applicant would be entitled to an additional freestanding sign along John Martin Drive as a result of combining the sites. Regarding the variance, the Secretary stated that the replatting of property is generally the time to clear up the problems that exist with the title to the property. He agreed, however, that in this case the time involved would probably work a hardship on the property owner. He recommended, however, that a condition of the variance be to require, rather than simply urge, the property owner to obtain marketable title to the triangle of land and combine with the Brookdale Square site. Commissioner Bernards asked whether granting the variance would lead to legal problems for the applicant or for the City in the future. The Secretary stated that probably the worse case scenario would be if the title to that triangle were obtained by someone else entirely. He pointed out that the land was not really developable 7-13-89 -1- by itself and that it would be useless to anyone but the property owner. He added that it would impact more than one parking space if the triangle were not part of the site. He pointed out that the greenstrip would have to be relocated and the driving lanes relocated around it and this would affect a number of stalls. Commissioner Bernards urged the City to watch the intersection at John Martin Drive and Earle Brown Drive and the access from the shopping center. He stated that a four way stop might be needed at some point in the future. The Secretary stated that some analysis has been done by Short-Elliott-Hendrickson in this area. He stated that he did not know if a stop sign was needed at this time, but that the situation would be monitored. He pointed out that there would be no additional curb break on John Martin Drive, but that the General Cinema, Brookdale Square, the Brookdale Six office building and Perkins would all access out through that driveway onto John Martin Drive. Chairperson Malecki asked regarding changing the condition on the variance to requiring the applicant to obtain marketable title. She asked whether there was any way to enforce that condition. The Secretary answered that it would be encumbant on the developer to obtain marketable title and to combine the land with the larger site in accordance with City ordinance. Chairperson Malecki asked whether that condition could be tied to future development. The Secretary answered that it possibly could, but that it may be some years before additional retail development is proposed in this area. He again recommended changing the wording in the condition to require the applicant to obtain marketable title. Chairperson Malecki noted the proposal for stop lights on Shingle Creek Parkway and asked whether this would not be too close to County Road 10. The Secretary showed 'f the approximate location of the proposed signals on a transparency. He stated that there was still enough of a separation between the signal and County Road 10. He explained that when Brookdale Square was developed, the developer originally wanted two full median openings, but that the City limited the southerly opening serving the T. Wright's area. He explained that the City had actually urged that the plan for the development be reversed with the shopping center on the south, but had been unable to convince the developer to pursue this orientation. He stated that it is very hard to get out of the Brookdale Square site now, but that the City streets do function. He added that the developer is required to pay for the costs of installing the signal under the original agreement executed when the development was approved. In answer to another question from Chairperson Malecki, the Secretary reviewed on the transparency the access to the U. S. West Direct site to the north. He noted that they have two right-in/right-out accesses onto Shingle Creek Parkway. Commissioner Bernards asked whether the stoplight would be synchronized with other lights along Shingle Creek Parkway to keep the traffic flowing. The Secretary responded in the affirmative. Commissioner McCloskey inquired as to the designation of handicapped parking spaces. The Secretary responded that handicapped parking would have to be provided and showed some of the locations that he was aware of where handicapped parking presently exists. He stated that the Building Code requires one stall per 50 stalls to be handicapped and that they must be convenient to the building. Commissioner McCloskey asked whether there would be similar building lines to the shopping center. The Secretary responded in the affirmative and showed the location of the canopy area on the plan. Mr. David Shea, the architect for the project, showed the Commission a rendering of the elevations of the building. He stated that the exterior would be brick with a wood canopy to match the existing. 7-13-89 -2- Chairperson Malecki asked the applicant whether he had anything to add. Mr. Chris Galley, representing Robert Larsen Partners, stated that he had nothing to add to the report, but would be available for questions. Chairperson Malecki asked what kind of store T. J. Maxx was. Mr. Galley responded that it was basically soft goods, mostly clothing. Commissioner Bernards asked whether the hours would be comparble to other tenants in the center. Mr. Galley responded in the affirmative. PUBLIC HEARING (Application Nos. 89018 and 89019) Chairperson Malecki then opened the meeting for a public hearing on both the preliminary plat and the variance application and asked whether anyone present wished to speak. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. The Planner asked the applicant what was to be done with the area east of T. J. Maxx. He asked if there would be a sidewalk in this location. Mr. David Shea responded that there would be an 8' to 10' wide sidewalk and that landscaping could possibly be added. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS. 89017, 89018 AND 89019 (The Robert Larsen Partners Motion by Commissioner Ainas seconded by Commissioner Johnson to recommend approval of Application No. 89017 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. 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. 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. B612 curb and gutter shall be provided around all parking and driving areas. 7-13-89 -3- 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 in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring the installation of proof-of-parking stalls upon a determinatin by the City that such stalls are needed for the proper functioning of the site. Said restrictive covenant shall be executed and filed prior to the issuance of permits. And Application No. 89018 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. Exclusion of the 1,200 sq. ft. triangle of land adjacent to John Martin Drive from the plat is subject to approval of variance Application No. 89019. And Application No. 89019 subject to the following conditions: 1. The time delay of the applicant obtaining marketable title to the small triangle of land is deemed to be an unreasonable burden on the developer and a hardship in making use of the property. 2. The circumstances involving a remnant of a parcel taken for right-of-way are somewhat unique. 3. The hardship results from actions orginally taken by the highway department and not the property owner. 4. There will be no adverse impact on surrounding land or improvements in the neighborhood. 7-13-89 -4- 5. The applicant is required to obtain marketable title to the small triangle of land as soon as possible and to combine it with the larger site. Voting in favor of the motion on all three applications: Chairperson Malecki, Commissioners Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. OTHER BUSINESS a) Elect Planning Commission Chairman Pro tem The Secretary noted that Molly Malecki had been appointed Chairperson for the Planning Commission and that her position, Chairman Pro tem, was now vacant and needed to be filled. Chairperson Malecki opened the floor for nominations. Commissioner Bernards nominated Commissioner Ainas to serve as Planning Commission Chairman Pro tem. The nomination was seconded by Commissioner Mann. Chairperson Malecki asked whether there were any other nominations. Hearing none, she called for a vote on the nomination of Commissioner Ainas. Voting in favor: Chairperson Malecki, Commissioners Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. The Secretary then distributed to the Planning Commissioners a Housing Market Study done by Maxfield Research Group and stated that it would be reviewed by the Commission at its August 17, 1989 meeting. He stated that there are some implications for land use and zoning contained within the report and that the Commission should take note of these. He referred to a map of priority areas on page 11 and reviewed the various development concerns noted on that map. The Secretary added that the modification of the tax increment district boundary would also be considered at their August 17 meeting. The Secretary stated that the group home study was complete as far as he had heard from the consultant and that staff would be receiving the final chapter soon. He stated that this would be distributed to the Commission for consideration at their next meeting. He added that he had received proposals from consultants on the study of land use in the area of 66th Avenue North and Highway 252 and that a consultant would be selected by the Council at their meeting on July 24. He stated that most of the consultants who submitted proposals projected that the study should be complete by October or November to allow time for implementation. The Planner added that the City received from the Metropolitan Council a couple of months ago a revised Systems Statement on transportation and sewers. He stated that cities would have to determine by January of 1990 whether Comprehensive Plan amendments were needed to conform with these revised Systems Statements. He stated that it did not appear that there would be a need for an amendment to the sewer element, but that there may be a need to revise the transportation element of the Comprehensive Plan. ADJOURNMENT Motion by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:46 p.m. Chairperson 7-13-89 -5- 1 1