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HomeMy WebLinkAbout1980 08-28 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 STUDY SESSION AUGUST 28, 1980 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7:32 p.m. ROLL CALL Chairman Hawes , Commissioners Malecki, Theis, Manson Erickson and Simmons. Also present were Director of Planning and Inspections Ronald Warren, DirectcErof Public Works Sy Knapp, and Planning Assistant Gary Shallcross. The Secretary noted that Commissioner Lucht had stated at the previous meeting that he would be unable to attend. APPROVAL OF MINUTES - August 14, 1980 The Secretary pointed out two corrections to the minutes: The presence of the Director of Public Works Sy Knapp following the recess, and the addition of a comment from the Superintendent of Engineering on page 2 indicating that no concrete would be re- quired on the entrance drive to Dupont Avenue North from the Harron Methodist Church parking lot. Motion by Commissioner Erickson -- seconded by Commissioner Malecki to approve the minutes of the - - - August 14, 1980 meeting as corrected. Voting in favor: Chairman Hawes, Commissioners Malecki, Manson and Simmons. Voting against: none. Not voting: Commissioner Theis as he was not at that meet- ing. The motion passed. APPLICATION NO. 80032 (Randall Cook) Following the Chairman's explanation, the Secretary introduced the first item of business, a request to rezone from Rl to R2 , the land located within the lots addressed 5301 to 5407 Brooklyn Boulevard. The Secretary reviewed Staff Report No. 80032 and pointed out the location of the property on an aerial photograph of the wider neighborhood. (See Planning Commission Information Sheet for Application No. 80032 attached) . Commissioner Erickson asked whether it was proper that only one property owner among the lots to be rezoned made application for the entire area. The Secretary answered that the concurrence of other property owners in the area should be sought prior to approv- ing the rezoning. In response to a question from Commissioner Simmons, the Secretary explained that Mr. Cook owns the lot at 3341 Brooklyn Boulevard and the vacant lot to the north. In answer to Chairman Hawes, the Secretary explained that the vacant lot with the easement running along the south side is the lot to the north of 5341 Brooklyn Boulevard. Commissioner Theis pointed out that rezoning the large vacant lot to the north of the applicant's property would allow that lot to be split for two single family lots. The Secretary acknowledged that this was correct, but pointed out that the applicant would not be able to build over the 30 ft. utility easement running along the south side of the property. There followed a discussion of the lot width requirements for single family and two family dwellings with- 8-28-80 -1- in the R2 zone as compared with the requirements for single family lots in the R1 zone. Commissioner Theis pointed out that the northerly vacant lot could technically be split for a single fam- ily lot and a two family lot since the sum of the lot width re- quirements would be 135 feet or 5 feet less than the width of the lot. Chairman Hawes inquired how wide the vacant lot to the south of the applicant' s property is. Mr. Randall Cook answered that the width of that lot is 105 feet. In response to a question from Chairman Hawes regarding the dir- ection of the Comprehensive Plan, the Secretary noted that the Plan calls for eventual conversion to Cl use of the land including the Northport Medical Clinic northerly to the Library but that this property should not be rezoned until a specific development proposal for all or a sizeable part of the area is brought to the Commission. The area to the south of the Northport Medical Clinic, he stated, is recommended for low density residential. Chairman Hawes asked whether any comments have been received from neigh- boring property owners or owners of property involved in the re- zoning. The Secretary responded that no comments had yet been received. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing and asked Mr. Cook whether he had any further -comments. Mr. Cook stated only that he is a builder by trade and intends to build and own a two-family dwelling on the large vacant lot to the north of 5341 Brooklyn Boulevard where he lives. Chairman Hawes asked Mr. Cook whether he owned the vacant lot. Mr. Cook answered that he had owned the property for about three years. Commissioner Theis asked whether Mr. Cook had talked to any residents of surrounding property. Mr. Cook stated that he had talked to property owners surrounding the vacant lot to see whether they objected to a two family dwelling. He added that they did not object. Mr. Harry Kiel, of 5330 Northport Drive, stated that he agreed with the idea of a double bungalow on the large vacant lot. He pointed out that his property is directly west of the proposed two family house and commented that he did not feel the addition of one two- family dwelling would change the neighborhood. He asked whether houses along the area to be rezoned could convert their structures to two family dwellings. The Secretary answered that any con- versions would have to meet both zoning and building code require- ments for two-family dwellings. Mr. Gene Sullivan, owner of the two residences at 5401 and 5407 Brooklyn Boulevard and the vacant lot at 5331 Brooklyn Boulevard, stated that he desired to put a real estate office on the properties south of the Northport Medical Clinic. He stated that he would agree to the R2 zoning south of 5401 Brooklyn Boulevard if the Com- mission would also rezone his property for an office use. Chairman Hawes answered that the office would require a Cl zoning, rather than the R1 at present, or the R2 proposed. He suggested that this matter be handled by a different application. The Secretary added that a rezoning of the property to the south of the clinic to C1 would also require an amendment of the proposed Comprehensive Plan. He also pointed out that the area in question was looked at 4 very closely during the Comprehensive Plan review process and that 8-28-80 -2- based on that review, he could not recommend a C1 rezoning. He also pointed out that to rezone the property without amending the Plan would constitute spot zoning. In response to ' a question from Chairman Hawes, Mr. Kiel stated that he considered a two family dwelling as a practical solution for the large lot behind his house to be developed. Regarding the question of converting existing single family homes to two family dwellings, the Secretary acknowledged that this is permitted under the R2 zoning, but Commissioner Simmons pointed out that this would almost certainly involve more than simply adding a door to an exist- ing house. CLOSE PUBLIC HEARING Motion by' Commissioner Theis seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Hawes, Com- missioners Malecki, Theis , Manson, Erickson and Simmons. Voting against: none. The motion passed. ACTION RECOMMENDING TABLING APPLICATION NO. 80032 (Randall Cook) Motion by Commissioner Malecki seconded by Commissioner Theis to table Application No. 80032, a request to rezone from Rl to R2 the land located within the lots addressed 5301 to 5407 Brooklyn Boule- vard and refer the application to the Southwest Neighborhood Ad- visory Group for review and comment. Voting in favor: Commissioners Malecki, Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. In response to questions from Mr. Kiel and Mr. Cook following the motion to table the application, the Secretary stated that surrounding property owners would be notified- of the Neighborhood Advisory Group meeting and the next Planning Commission hearing on the application which would likely be in another four to six weeks. APPLICATION NO. 80022 (Commercial Partners) The Secretary introduced the next item of business, a request for site and building approval of a shopping center-theater-restaurant complex on the land east of Shingle Creek Parkway and north of Brookdale Ford. He pointed out that the application is submitted with applications for special use permit approval for the theater and preliminary plat approval. He reviewed the information con- tained in Staff Report No. 80022, pointing out various aspects of the plan on a transparency. (See Planning Commission Information Sheet for Application No. 80022 attached) . Chairman Hawes inquired whether the 58 ' wide entrance at the north end of the property would be wide enough for people wishing to enter the Northwestern Bell property to turn left onto the access drive to Northwestern Bell without blocking traffic wishing to enter the shopping center. The Secretary pointed out that the driveway would provide two entrance lanes as well as -two exit lanes. In answer to a question from Commissioner Theis, the Secretary stated that the median cut to be shared with the shop- ping center was the only median cut Northwestern Bell will have. Chairman Hawes inquired as to the proposed bituminous curbing around the restaurant area and the bituminous curbing at the west of the Brookdale Ford property. The Secretary explained that the curbing at the west end 'of the Ford site had been deferred in the past to allow for the possible acquisition of the triangle of land 8-28-80 -3- to the west. In answer to Commissioner Simmons, the Secretary stated that permanent curbing would be required along. the south edge of the site east of the entrance to Brookdale Ford. In answer to Chairman Hawes, the Secretary pointed out that the proposed plan shows the possible parking stalls which could be in- stalled if the minimum 24 foot driving lanes were used around the site, rather than 30 .foot and 32 foot lanes as desired by the applicant. Chairman Hawes expressed concern over the amount of parking shown in the service area behind the building. He stated that it might be necessary to restrict parking in that area to allow service vehicles enough room to maneuver. The Secretary stated that he did not think the parking lot would present a major conflict. He stated that he expected employees chiefly to use the parking behind the shopping center. Commissioner Simmons stated that customers would be unlikely to use the parking behind the building if there were no customer access along the rear of the building. Chairman Hawes asked whether any berms were planned along Shingle Creek Parkway. The Secretary answered that none were indicated on the plan. Chairman Hawes asked that these be included in the plan to cut down the visibility of the parking lot from Shingle Creek Parkway. Commissioner Simmons added that berms should be located so as to leave .driver visibility of oncoming traffic un- impaired. Commissioner Manson asked whether sidewalk would be installed along the east side of Shingle Creek Parkway in front of this development. The Director of Public Works responded that sidewalk is already in place on both sides of Shingle Creek Parkway. Chairman Hawes noted the likelihood of cross traffic between the two theater parking lots and asked whether a cyclone fence would be an appropriate control. The Director of Public Works stated that there might be a conflict between the two property owners, but that such a dispute would not really be a concern of the City. He pointed out that leaving the greenstrip between the two properties open would allow an easier flow of pedestrian traffic and possibly a more efficient use of parking space. Commissioner Simmons also noted that separating the two sites by a fence would destroy the idea of an "entertainment hub. " Commissioner Simmons asked about the possibility of traffic sig- nals at the major access point. The Secretary answered that the City Council expressed a desire during consideration of the plat that the applicant participate in the cost of installing signals at that location. APPLICATION NO. 80023 (Commercial Partners/United Artists) The Secretary next reviewed the information contained in Staff Report No. 80023. (See Planning Commission Information Sheet for Application No. 80023 attached) . Chairman Hawes asked whether there would be a shortfall in parking spaces if the theater con- verted to a retail use. The Planning Assistant answered that there would actually be a surplus of perhaps 400 parking stalls if the theater were converted to a retail use. APPLICATION NO. 80021 (Merila-Hansen/Commercial Partners) ' The Secretary next reviewed the Staff Report for the preliminary 8-28-80 -4- plat application (See Planning Commission Information Sheet for Application No. 80021 attached) . He stated that the outlot which had been vaguely indicated on the original preliminary plat was now removed from the latest plat submitted by the applicant. He pointed out that such an outlot would have been unbuildable and would have required replatting later on to include enough park- ing for the proposed restaurant. PUBLIC HEARING Chairman Hawes opened the meeting for a public hearing regarding the Special Use Permit and the Preliminary Plat. Mr. Ron Krank of Korsunsky-Krank-Erickson, Architects, representing Commercial Partners, addressed the Commission. He stated that he and the applicant were very pleased with the Staff Report with the ex- caption of the requirement to pay for any traffic signals. He asked that the costs of such signals be prorated to the properties which would benefit by the signals. The Director of Public Works stated that the matter of signals was not part of the applications before the Planning Commission, but is a matter to be considered in the future by the City Council. In answer to a question from Chairman Hawes, the City Engineer . stated that the cost of traffic signals was approximately $75,000.00 . Commissioner Simmons noted that there had been a tentative request by Northwestern Bell for traffic controls on Shingle Creek Parkway. The Director of Public Works stated that unless the Council decides otherwise, staff would not recommend the installation of signals at any location that did not meet the warrants established by the Minnesota Department of Transportation. Commissioner Theis inquired whether there were any other instances of signals being installed at the intersection of a private drive and a public street. The Director of Public Works responded that he was unaware of any such instances . Commissioner Theis asked whether the property owner pays for traffic signals if they are needed. The Director of Public Works answered that the City Council must first decide on whether the signals are warranted at a particular location and then it decides on distributing the cost of the signals. In answer to a question from Commissioner Theis, the Director of Public Works stated that it might be possible to assess the cost of traffic signals to benefiting properties . He added that the City prefers to enter into a subdivision agreement with a developer including the responsibility for various public improvements so that both sides know ahead of time what the cost involved will be. Mr. James Merila, former Director of Public Works and representa- tive of Commercial Partners for the plat application, commented on some past history. He agreed that there are no comparable sit- uations of traffic signals at the intersection of a public street and a private drive in Brooklyn Center._ He did point out, however, that signals were installed at County Road 10 and Shingle Creek Parkway with private entrances to Brookdale being one leg of each of those intersections, and that Brookdale never participated in the financing of those signals. The Director of Public Works acknowledged these cases, but went on to say that in other cases of shopping centers in the Metro area, cost sharing has been will- ingly agreed to between-Cities and developers. 8-28-80 -5- Following the discussion regarding traffic signals, Mr. John Winston, legal representative of Brookdale Ford, addressed the Planning Commission regarding his client' s concerns. He stated, first of all, that the proposed plan submitted by the applicant is not Brookdale Ford's preference. He stated that Brookdale Ford prefers the status quo or something which is roughly similar to the status quo. Secondly, he pointed out that Brookdale Ford has really had no input on the plan. He stated that, Brookdale Ford intended to retain an expert to evaluate the proposed plan and express the 'concerns of Brookdale Ford regarding access. Mr. Winston referred to the sketch which was submitted to the Planning Commission at its August 14, 1980 meeting and which showed the access to the restaurant and to Brookdale Ford to be about 200 feet or so south of its location on the present plan. He pointed out that the new location off Shingle Creek Parkway is screened by the restaurant from Brookdale Ford. He . also stated that the layout of the access easements is not to the liking of Brookdale Ford and that before the plat is approved with the ease- ments in the locations as shown, they would like to have greater input. He also stated .that Brookdale Ford desires to have an ease- ment for a directional sign at the south access point to the Brookdale Square site In response to Mr. Winston's comments, Chairman Hawes repeated the evolution of the access arrangement to the Brookdale Square site. He concluded that the south access must be far enough north . of County Road 10 to provide the necessary stacking in the left turn on Shingle Creek Parkway. The Secretary stated that the status quo is really not an option against which to compare alter- natives and that Brookdale Ford has been aware for some time that the status quo would change. He stated that the median opening now servicing Brookdale Ford would be closed concurrently with the opening of the Shingle Creek Parkway Interchange at the Free- way. He added that every effort is being made to provide Brookdale Ford with access. He also noted that the shared access shown on the plan submitted on August 14, 1980 was to close to the County Road 10/Shingle Creek Parkway intersection and thus the applicant ' was requested to move it northerly to the location indicated on the present plan. Regarding a sign variance for an off-site directional sign, the Secretary. stated that a variance from the Sign Ordinance would have to be pursued on its own merits, He noted that a fairly similar variance request was granted in 1979. The Secretary also explained the layout of the median on Shingle Creek Parkway from the south access to County Road 10. Mr. Winston responded that Brookdale Ford would have its own expert look at the design of the median to make a comment regarding Brookdale Ford's position. Mr. Winston asked whether it would be possible to alter the turn into the Brookdale Ford site so as not to be so sharp and con- fusing. The Secretary pointed out that the driveway leading to Brookdale Ford was designed to empty into the driving lane on the Brookdale Ford site. However, he said, the applicant would probably not be opposed to altering this driving lane so long as parking would not have to be sacrificed. Mr. Winston stated that he did not want the access easements to be set in the locations shown on the site plan and preliminary plat, but would prefer some alteration to allow for a smoother flow to the Brookdale Ford site. 8-28-80 -6- Mr. Ron Krank, the architect representing Commercial Partners, stated that his client would be flexible regarding the entrance to the Brookdale Ford site. The Director of Public Works stated that the reason staff strongly recommends that the southerly entrance to the site be further north than the sketch presented at the August 14, 1980 Planning Com- mission meeting is to accommodate peak hour left turns from Shingle Creek Parkway onto County Road 10 based on traffic volumes fore- casted for the year 2000 . Based on those forecasts, the south access would have to be 600 feet north of County Road 10. He stated that the 550 feet shown on the proposed plan is the bare minimum that the City will accept. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Manson, Erickson and Simmons. Voting against: none. The motion passed. Regarding the special use permit application, Commissioner Simmons asked whether the City would have control over the use of the theater property in the event that it cannot survive in the market. The Secretary answered that the property would still be zoned C2, and that a new operator of a theater facility would have to obtain a new special use permit. Commissioner Theis expressed concern over the access drive to Brookdale Ford stating that it should not angle back towards Shingle Creek Parkway in such a manner as to be difficult or annoying. The Secretary noted that the applicant has expressed openness on changing the angle of the drive. In answer to a question from Commissioner Simmons regarding a directional sign for Brookdale Ford, the Secretary stated he was not prepared to indicate what the recommendation of staff would be or what the City Council's judgment would be regarding a Sign Ordinance variance. He did note some possible similarities be- tween the Brookdale Ford case and the case of Cinema I, II, III, IV in seeking an off-site directional sign. Mr. Ron Krank, representing the applicant, stated that as long as Commercial Partners could have a 100 square feet- identification sign along Shingle Creek Parkway and the directional sign does not hinder the efforts of shopping center patrons trying to enter the Brook- dale Square site, they would not be opposed to such a directional sign. Mr. Alan Gustafson, of Commercial Partners, stated that as long as people do not think that the south entrance only serves Brookdale Ford such a directional sign would be acceptable. In answer to Commissioner Simmons , the Secretary stated that staff would evaluate the possibility of allowing Brookdale Ford's existing curb cut onto Shingle Creek Parkway to,remain without a median cut after the property to the north is developed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80022 (Commercial Partners) Motion by Commissioner Erickson seconded by Commissioner Malecki to recommend approval of Application No. 80022 , site and building plan approval for a shopping center-theater-restaurant complex on 8-28-80 -7- the land east of Shingle Creek Parkway and north of Brookdale Ford, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official 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 deter- mined by the City Manager) shall be submitted prior to the issuance of permits. 4. B612 curb and gutter shall be provided around all parking and driving areas. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. The entire 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 . 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 9 . The final plat shall be approved by the City Council and filed at the County prior to the issuance of building permits, in accordance with Section 15-111 of the Subdivision Ordinance. 10. The plans shall be modified in the following manner: a. The proposed landscaping schedule shall include size designations of 2-�" to 3" diameter trees and shrubs of various heights and shall also indicate an undulating berm along the green- strip adjacent to Shingle Creek Parkway, and a definition of "free form shrub mass" . b. The width of the southerly curb opening shall be designated as 30 feet. c. The number of seats and employees on the average maximum shift at the future restaurant shall be indicated so as to fit within the 216 parking spaces available for this use. 8-28-80 -8° 11. Plan approval acknowledges four-way stop signs at the intersection of the main entrance drive and the driving lane immediately south of the shopping center and a stop sign for exiting traffic on the driving lane shared by Northwestern Bell at its intersection with the main entrance/ exit drive. 12. Plan approval also acknowledges deferral of concrete curb and gutter along the south side of the south entrance drive for period not to exceed three years. Bituminous paving will be provided in this location during the interim and the financial guarantee shall be held by the City during this period to ensure the completion of the required B612 curbing. 13. The applicant shall enter into a standard utility maintenance agreement with the City prior to the issuance of permits. 14. The final form of the access to Brookdale Ford is subject to negotiation between the two property owners and approval by the City Engineer. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80023 (Commercial Partners/United Artists) Motion by Commissioner Malecki seconded by Commissioner Theis to recommend approval of Application No. 80023, special use permit approval for a 2,045 seat theater on the land located east of Shingle Creek Parkway and north of Brookdale Ford, subject to the following conditions: 1. The special use permit is issued to United Artists as operator of the facility and is nontransferable. . 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. Site paln approval for the theater building is comprehended under approval of Planning Com- mission Application No. 80022 and the applicant is responsible for compliance with all applicable conditions and restrictions of-that application. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80021 (Merila-Hansen/Commercial Partners) Motion by Commissioner Theis seconded by Commissioner Manson to recommend approval of Application No. 80021, preliminary plat 8-28-80 -9- approval for a subdivision of the property containing Brookdale Ford and the Brookdale Square Shopping Center complex and the Shingle Creek Parkway, 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 requirements of Chapter 15 of the City Ordinances. 3. Driveway easements providing access across the site for Brookdale Ford and Northwestern Bell are subject to the agreement of the respective property owners; shall be subject to review and approval of the City Attorney prior to approval of the final plat; and shall be filed with the final plat of the property at the County. .4. The proposed plat shall, in all respects, conform to the conditions- established with the approved site plan under Application No. 80022. 5. The City Council should determine the manner in which any future traffic signals are to be financed and this shall be so stipulated in the subdivision agreement. 6. The applicant shall provide an easement for water main to. be filed as a separate document with the plat. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. The City Engineer pointed out that since Brookdale Ford has to be a party to the easement agreements, they must agree to the driving lane provided across the Brookdale Square site. DISCUSSION ITEMS There were no discussion items formally addressed by the Planning Commission. Chairman Hawes, however, stated that in regard to compact car parking stalls, it would be best if compact stalls were placed on both sides of a driving lane rather than just one side since that would make it even more obvious to a non-compact that it did not belong in the compact car section. . ADJOURNMENT Motion by Commissioner Manson seconded. by Commissioner Erickson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Manson, Erickson and Simmons. The motion passed. The Planning Commission adjourned at 9:56 p.m. Chairman 8-28-80 ^14-