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HomeMy WebLinkAbout1991 06-27 PCP i . PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JUNE 27, 1991 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3 . Approval of Minutes - May 30, 1991 4. Chairperson's Explanation: The Planning Commission is 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. 5. Peter Houser 90013 Request for preliminary R.L.S. approval to subdivide into two tracts the land occupied by Carson's and the Midas Muffler shop and the parking in between at Brookdale. This application was considered by the Commission at its May 10, 1990 meeting and was tabled at the request of the applicant. 6. Other Business 7. Discussion Items 8. Adjournment Planning Commission Information Sheet Application No. 90013 Applicant: Peter Houser Location: 1206 Brookdale (Midas) Request: Preliminary Registered Land Survey The applicant requests preliminary R.L.S. approval to subdivide into two tracts the parcel of land that presently includes the Carson's store at Brookdale, the Midas shop and a large parking area containing 953 parking stalls in the northwestern portion of Brookdale. The land in question is zoned C2 and is bounded on the north by County Road 10, on the east by parking lot area, on the southeast by Brookdale store areas and a leased area, on the southwest by parking area, and on the west by Xerxes Avenue North. Carson's is a permitted use and Midas a special use in the C2 zoning district. Tract A is proposed to be 1.22 acres, would include the Midas shop and 71 parking stalls. Tract B is proposed to be 10.78 acres and would include Carson's and 882 parking . stalls. Midas is required to have approximately 26 parking stalls, though the applicant believes there is a need for about 45 stalls. This application was first considered by the Planning Commission at its May 10, 1990 meeting and was tabled at the request of the applicant. The major concern at that time was that the applicant intended to subdivide off more land and parking than was needed for the Midas Muffler shop, thereby taking on greater tax liability than necessary. This tax liability would seem to confer with it greater development rights for the Midas shop. It was and still is staff's opinion, however, that there are no separate development rights at Brookdale; rather that all parties are subject to the collective development rights of the center as a whole. As a whole, Brookdale is deficient in parking, if the central mall area is counted as retail space. The Zoning Ordinance requires parking based on gross floor area, for retail establishments, not leasable area. We have estimated that the gross floor area of Brookdale, exclusive of the outbuildings and purely exit corridors, is approximately 961,473 sq. ft. The parking requirement for this area is 5,288 spaces. The three auto service buildings have a separate parking requirement of 160 spaces based on service bays, employees, and service vehicles. This brings the total parking requirement for Brookdale to 5,448 spaces. (There are 23,093 sq. ft. of restaurants at Brookdale, far less than the 15% allowed without adding parking. ) There are just over 5,000 parking spaces at Brookdale as a whole. The center is, therefore, deficient as a whole. 6-27-91 1 ii ,. • Application No. 90013 continued + Because all land at Brookdale, though divided into six parcels, is subject to cross access and cross parking agreements, we consider this deficiency to apply to all parcels collectively. No individual parcel possesses development rights apart from the development rights of the center as a whole. We have expressed this determination numerous times to the applicant so that he is aware that no separate development rights result from the proposed subdivision, even though separate tax liability will result. He has indicated that he understands our position, that he has no immediate plans for an expansion, but would like to have extra land in case the parking issue is resolved in the future. We regard this as a business decision which may or may not turn out to be profitable. We do not believe at this point that the application must be denied as long as the City's position is clearly understood. Under watershed district regulations, subdivisions of commercial land over 5 acres in area are subject to watershed district regulations. The Shingle Creek Watershed District indicated last year that no drainage improvements would be required as long as no physical improvements to the property are planned or proposed. Recommendation Altogether, the proposed R.L.S. appears to be in order and approval is recommended, subject to the following conditions and considerations: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. No separate development rights accrue to either parcel apart from the collective development rights of the Brookdale Shopping Center. The property owners are referred to the Brookdale owners association for settlement of the apportionment of development rights within the complex. Submitted by, Gary Shallcross Planner oved by, eow C, • �.�.J onald A. Warren • Director of Planning and Inspection 6-27-91 2 Voting in favor: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson and Mann. Voting against: Commissioner Holmes. The motion passed. Commissioner Bernards asked when the new store was likely to be built. Mr. Bergerud answered that they hoped to start demolition two to three weeks after the City Council's approval. Commissioner Holmes asked what was the problem with restaurants, that they cannot seem to make it in that building. The Secretary responded that he was not sure that the Green Mill had financial problems. He stated that Green Mill was going to sell the franchise to the employees, but that apparently the employees could not come up with the money. There followed further brief discussion regarding the Walgreens development. APPLICATION NO. 90013 (Peter Houser) Chairman Pro tem Ainas introduced the next item of business and noted that the applicant had requested tabling until a new drawing could be submitted. The Secretary stated that he did not think it was necessary to read through the report in light of the fact that much of the information is now obsolete and in light of the fact that the applicant is not present. PUBLIC HEARING (Application No. 900132 Chairman Pro tem Ainas then opened the meeting for a public hearing on Application No. 90013 and noted that there was no one present to speak regarding the application. He called for a motion to table the application and continue the public hearing to a future meeting. ACTION TABLING APPLICATION NO. 90013 (Peter Houser) AND CONTINUING THE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Sander to table Application No. 90013 and continue the public hearing at the applicant's request. Commissioner Johnson asked why it was necessary to continue the public hearing. Chairman Pro tem Ainas stated that it was a matter of courtesy to anyone who might want to comment on the proposed R.L.S. when it is revised. The Secretary pointed out that there would be a change in the preliminary R.L.S. and that it was appropriate to allow for comment on that revised plan rather than close the hearing now when the plan is basically obsolete. There followed a brief discussion regarding the public hearing. Voting in favor of the motion to table Application No. 90013 and continue the public hearing: Chairman Pro tem Ainas, Commissioners Sander, Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. 5-10-90 4 • The Secretary explained a little bit of the background of the application which had just been tabled. He explained that Carson's was willing to sell any amount of land to Midas Muffler for the same price. It, therefore, seemed logical to Mr. Houser to buy as much land for the same price as possible. He pointed out, however, that no additional development rights would accrue with the additional land since all parking at Brookdale is used jointly and the development rights of the entire complex are considered at the same time. He also added that Midas would have to pay taxes on the additional land and would not be able to build any additional building to help defray the cost of those taxes. He stated that, given these realities, Mr. Houser decided to redraw the property line so that he did not have excess parking. i Planning Commission Information Sheet Application No. 90013 Applicant: Pete Houser/Midas Muffler Location: Carson's at 1200 Brookdale and Midas building at 1206 Brookdale Request: Preliminary R.L.S. The applicant requests preliminary R.L.S. approval to subdivide into two tracts the parcel of land which presently contains the Carson's building, the Midas Muffler building, and a substantial portion of the parking lot at Brookdale. The land in question is zoned C2 and is bounded on the north by County Road 10, on the east by portions of the Brookdale parking lot, on the southeast by the Brookdale Mall (including a portion leased to Carson's) on the southwest by portions of the Brookdale parking lot, on the west by Xerxes Avenue North, and on the northwest by the Unocal service station at the intersection of Xerxes and County Road 10. The Carson's store is a permitted use in the C2 zoning district and the Midas Muffler shop is a special use. The purpose of the proposed subdivision is to create a separate parcel for the Midas building so that they can own their own building. The Midas building was formerly the Donaldson's car care center and has been leased to Midas for some years now. The proposed R. L. S. creates two tracts: A (the Midas site) and B (the CarsonsIs site) . Tract A is 1.94 acres and contains the Midas building and 154 parking stalls. Tract B is 10. 05 acres and contains the Carson's building and 799 parking stalls. The preliminary R.L.S. shows a 20' wide gas easement around the Carson's building. No other easements are shown on the R.L.S. Subdivision of commercial properties exceeding 5 acres normally require review and approval of a drainage plan by the Shingle Creek Watershed Commission. However, since the subdivision involves no improvements to the property, the Watershed Commission has waived the requirement for a drainage plan until such time as improvements are proposed. One key concern staff have regarding the proposed subdivision is parking on the respective sites. Under Section 35-704 of the Zoning Ordinance, a repair garage with the characteristics of the Midas building would be required to have approximately 43 parking stalls. However, the Midas site as proposed would have 154 stalls. This would appear on the surface to give Midas the right to expand its building significantly in the future. However, there are presently cross access and cross parking agreements covering all the parcels at Brookdale and, historically, Brookdale has been looked at as a single entity for the purposes of evaluating parking . requirements. Brookdale as a whole is deficient in parking by approximately 400 to 500 parking stalls. No expansions can be allowed without providing additional parking. It is our opinion 5-10-90 -1- Application No. 90013 continued and we have conveyed it to the applicant, that the proposed subdivision of land creating the Midas parcel does not create any development rights for Midas which did not exist previously for Brookdale as a whole. Any addition to any building at Brookdale will require the construction of additional parking such that all parking requirements are collectively met at the center. Given this understanding, we do not object to the proposed subdivision, but have inquired of the applicant why he wishes to acquire the extra land, with all its attendant liabilities, when no separate development rights go with the parcel. He has indicated that the present owner of the land will charge him the same price whether he acquires no parking stalls, 43 parking stalls, or 154 parking stalls. The City Assessor has indicated the value of the land for property tax purposes will not be limited to the purchase price. We have conveyed this to the applicant. In light of this information, he has elected to reduce the size of the Midas parcel.. A new R.L.S. drawing has not been submitted. Mr. Houser has, therefore, requested a tabling of the matter so that a new drawing can be submitted. We, therefore, recommend tabling of the matter until May 24, 1990. However, a public hearing has been called for this Thursday evening and should, therefore, be opened in case anyone is present to speak regarding the application. Attached is a copy of a letter we received on May 4, 1990 from Mr. Houser requesting the tabling of this matter so that the registered land survey can be revised. 5-10-90 -2- ■I/�1 , . F � i� 111 ,. , X11■ �■■�i1 ' ♦♦ � ` ,,� //11- _ � 11� I� \■■ I■I■■1■I ♦ 's ,. '�_��__Lry__ 4� .• 1j //113 � � 1■■��.��j 1■■ ■1■■■ ♦ � �•. 1111111 � � `_"�►�i��� �� - �� '� " "���I//111111/► �` .-��' ©� �� �� � , [� ■111Gm7�lQI■1�■ f -.- . . K-1j, I x/Bill lip mm MEN 1111 ■� �.■ ��`: 1 � �1 111111 i ��♦i►♦'►♦`j�'� %.. ,�♦,��� .,' lii 111111/1 ♦ 1 mm now Bill ■ 111■■►� ♦ - � � ��� ; "�_ 1 .. �► 1111 '.. ..y` �� :ID � - _ � . /111 1111 MA MUM ■ � iii/, � �i RETAIL PARKING REQUIREMENTS FOR MAJOR MALLS PARKING City_ Required Provided Blaine 1/200 sq. ft. of Gross Floor In conformance at this Area (use 80% of Gross Floor point. Area) add for restaurants + theatres. Bloomington 12 spaces/1,000 Gross Floor 12 ,750 spaces 4.4 spaces/ Area. Normally requires 6 1, 000 sq. ft. of gross spaces/1, 000 sq. ft. Gross leasable area if you count Camp Floor Area. Snoopy. 4 . 9 if you don't count Camp Snoopy. G.L.A. is about 70% of G.F.A. megamall. Burnsville For over 100, 000 require What is provided is adequate. 5 . 5/1, 000 sq.ft. of net floor Not sure what is actually area. Central mall area there. Use proof of parking a would be included. lot, Edina 1 space per 200 sq. ft. G.F.A. Actual is 5.21/1, 000 sq. ft. including theatres + restaur- of net gross floor area. Mall, ants (add 1 space per 10 seats) elevator, mechanical, escalator Atrium + mall areas not used areas excluded. for retail purposes are excluded. Maplewood 1 space per 200 sq. ft. of Shopping center is a little Gross Leasable (G.L.A. ) . 1 bit over. Will have to add a space per 50 sq. ft. of patron ramp for addition. area. Minnetonka 5.5 spaces/1,000 sq. ft. of Not sure of actual numbers. gross area. Reduce for 5,917 parking spaces. interior areas. Require a 335, 000 sq. ft. in mall parking study. 3.33,795 sq. ft. minor tenants 1, 039,429 sq. ft.includes Firestone, Sears auto.. Roseville 5/1, 000 sq. ft. of G.F.A. Rosedale exceeds. (however, except out certain Not a lot permanent kiosk. areas. - winds up being gross Presently have 1. 14 million leasable area. sq. ft. 6, 153 stalls. 5.39 per 1, 000 sq. ft. . Appears to be adequate. :I!!I �.il iii :7� •ily .s i I � n I I Q 11 1 �) � - _ - �.��� � �l�''�I .,.1� emu` a.� ,_� ; •° j, ve IN r i. LU ct ci � �` °?$ � = ¢: ,S �•' I �jl'q`( '.^?;2`�. !� sue+'^ � '4�"� i� Q '�^�I r• i_ __ _ ' 1 1 t, A!U'��l � by �� a /' if PY !it,