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HomeMy WebLinkAbout2013 06-26 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 JUNE 26, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:05 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, Benjamin Freedman, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. APPROVAL OF MINUTES —MAY 30, 2013 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve the minutes of the June 26, 2013 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Burfeind 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. 2013-005 GATLIN DEVELOPMENT COMPANY Chair Burfeind introduced Application No. 2013-005, PUD Amendment No. 4 to the overall Master Plan for the Shingle Creek Crossing Planned Unit Development (dated August 2012), which includes removal of the 169,555 sq. ft. former Brookdale Mall "Food Court" building and redeveloping this same area with six new individual retail buildings. The PUD Amendment would allow the reduction of the previously approved net leasable retail area from 150,591 sq. ft. to 132,200 sq. ft. of retail space. (See Planning Commission Report dated 6-26-13 for Application No. 2013-005.) Mr. Benetti provided background information related to the Shingle Creek Crossing development. He stated the proposed amendment involves demolition of the Food Court building with phased redevelopment of 132,200 sq. ft. of new retail buildings. He added this completes the deadline agreement made between Gatlin Development and Sears requiring physical separation from Sears and the food court building by September 2013. He pointed out this amendment approves only the demolition of the former"Food Court"building. PC Minutes-Page 1 6-26-13 Commissioner Schonning stated he is concerned that development on the site seems to be stalled and he is uncertain of the future of the development. Mr. Benetti responded the developer has three or four businesses ready to move to the site and there is every indication that as soon as the building is down and the agreement with Sears is complete, it allows him to move forward to lease space. Mr. Eitel added the developer had a problem with his lender and once that was resolved, work was resumed. He further stated that the developer has been apologetic to the city as the development has not moved forward as planned and momentum was lost. He added the developer feels he has resolved the issues and the development plans will continue and tenants will start occupying the spaces since he has several leases signed. Chair Burfeind stated he echoes Commissioner Schonning's concerns since it is obvious development has not occurred as promised or planned. He added his concerns with the stores facing Xerxes may not progress as hoped. Mr. Eitel replied the developer has done all the infrastructure, daylighting and landscaping that was required and the problem has been in getting the tenants on board. PUBLIC HEARING—APPLICATION NO. 2013-005 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to open the public hearing on Application No. 2013-005, at 7:28 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Mr. Luke Payne, Kimley Horn and Associates, stated staff has presented the project accurately and he is available for any questions regarding the Commission's consideration of the application. Commissioner Freedman asked about the surface after the demolition of the building. Mr. Payne replied the only intent at this point is to demolish the building and leave the site vegetated and stabilized so Mr. Gatlin can move forward with redevelopment of the site. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to close the public hearing on Application No. 2013-005. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-06 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING PC Minutes-Page 2 6-26-13 COMMISSION APPLICATION NO. 2013-005 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve Planning Commission Resolution No. 2013-06. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 8, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2013-006 GATLIN DEVELOPMENT COMPANY Chair Burfeind introduced Application No. 2013-006, PUD Amendment No. 5 to the Shingle Creek Crossing Planned Unit Development Sign Program, to allow nine monument type signs on various commercial pad sites within the Shingle Creek Crossing PUD site. (See Planning Commission Report dated 6-26-13 for Application No. 2013-006.) Mr. Benetti provided background information related to new signage allowed for the site. He explained the developer requested approval of multi-tenant signs to identify various businesses that would occupy the buildings. Mr. Benetti pointed out the PUD amendment also includes a request to add three new monument signs. Mr. Benetti stated staff suggested the sign place behind LA Fitness along the County Road 10 right of way be relocated since it is hidden behind the building and not visible along the roadway. He also stated staff recommends moving the sign along Xerxes between proposed buildings A and B to allow them to be more visible and not hidden from landscaping and trees. Commissioner Christensen stated he is trying to envision ways to help and provide more vision with the Shingle Creek Crossing theme. Mr. Benetti stated the two larger signs are identified with `Shingle Creek Crossing' to announce the center and it could be suggested that other signs also identify the area. He added that could be added as an amendment to the approvals. PUBLIC HEARING—APPLICATION NO. 2013-006 There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to open the public hearing on Application No. 2013-006, at 7:49 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Luke Payne, Kimley Horn and Associates, stated the challenge with the site has been with lost momentum and the intent was to provide as much flexibility as possible to tenants when they PC Minutes-Page 3 6-26-13 occupy the space which allowed them to provide different options for each pad site for signage. He stated Mr. Gatlin acknowledges they will not put multi-tenant signs on a single tenant pad. He added they also acknowledge the location of some of the current signs does not make sense based on the direction the redevelopment is taking and they may need to be moved. He added he appreciates the comment regarding adding the Shingle Creek Crossing branding to the signs to identify the area and he will share that with Mr. Gatlin. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to close the public hearing on Application No. 2013-006. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-07 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT(NO. 5)TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-07. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 8, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2013-007 ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN CENTER Chair Burfeind introduced Application No. 2013-007, PUD Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development project, which would allow the reconfiguration and approval of a new 4-story, 81 room Candlewood Suites on the vacant development site owned by the City's EDA (See Planning Commission Report dated 6-26-13 for Application No. 2013-007.) Mr. Benetti provided background for this request and explained on June 27, 2005, the City Council approved the rezoning of a 6.2 acre parcel from C 1 A PUD/C 1 A for the development of a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility and the plans were revised on revised on May 14, 2007 to provide for the phased development of two PC Minutes-Page 4 6-26-13 hotels: one being an eight story, 175 room Embassy Suites Hotel on a 4.02 acre lot that included a 100 seat restaurant and a physical connection to the Earle Brown Heritage Center and the other a hotel with no less than 75 rooms. Mr. Benetti explained in 2009, the Embassy Suite Hotel was completed; however, the developer was unable to complete the link to the Earle Brown Heritage Center. He added it was determined the developer was in default of the Development Agreement which was amended to allow the EDA to construct the link to the Earle Brown Heritage Center. Commissioner Christensen stated he is not in favor of the city taking over control of the pond area. He feels it benefits all the surrounding areas and would like to see an agreement between the bordering properties and the city so all are responsible for the maintenance and upkeep. Mr. Eitel replied the Earle Brown Heritage is the gem of the City not known to many and the pond is a benefit to them. He stated this is merely a PUD amendment with a change to the plan initially approving a PUD for the site. He further stated the pond was initially part of the commercial building and maintained by them; however, it has been a challenge to get people to see the value in maintaining the pond and walkway around it which borders the Earle Brown Heritage Center. Mr. Eitel stated he doesn't feel anybody other than the EDA is going to spend money on the pond or maintain it. Commissioner Christensen stated he encourages staff to get somebody else to be responsible for the pond since they will also benefit. Mr. Eitel replied if the pond was considered a water quality feature; it might be possible to find a way to distribute the costs. Commissioner Schonning stated he disagrees with Commissioner Christensen. He feels if the pond is an amenity to the Earle Brown Heritage Center, he would rather have the city continue to control ownership and maintain the pond so it is not neglected and turn into a muck hole. Chair Burfeind stated he agrees he feels the pond is a benefit to the Heritage Center and the City has a vested interest in maintaining it and making it look good. PUBLIC HEARING—APPLICATION NO. 2013-007 There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to open the public hearing on Application No. 2013-007, at 8:34 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. There was no one that appeared to the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Freedman, seconded by Commissioner Christensen, to close the public hearing on Application No. 2013-007. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. PC Minutes-Page 5 6-26-13 The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-007 SUBMITTED BY ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN CENTER OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE 2007 BROOKLYN HOTEL PARTNERS LLC/EMBASSY SUITES PLANNED UNIT DEVELOPMENT TO PROVIDE FOR THE ALLOWANCE OF A NEW 81-UNIT CANDLEWOOD SUITES HOTEL (LOCATED AT 6250 EARLE BROWN DRIVE) There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-08. Voting in favor: Chair Burfeind, Commissioners, Freedman, Parks and Schonning. And the following voted against the same: Christensen The motion passed. The Council will consider the application at its July 8, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. CITY OF BROOKLYN CENTER — LAND USE AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN Chair Burfeind introduced the proposed Land Use Amendment to the City's Comprehensive Plan to change the three addressed properties listed above.and consisting of approximately 1.76 acres, from SF-Single Family Residential to RB-RetailBusiness (Commercial) for the purpose of expanding the Honda Dealership, located at 6800 Brooklyn Boulevard. The three single family parcels are locally addressed as 3955, 4001 & 4007 — 69th Avenue North. (See Planning Commission Report dated 6-26-13 for Application No. 2013-008.) Mr. Benetti explained The Luther Company acquired all of the land for its new Honda-Toyota dealership businesses on both sides of Brooklyn Boulevard, generally between I-94 and 69" Avenue North, as well as two single family homes off of 691h Avenue. The three subject parcels under consideration have also been acquired and cleared by Luther Auto to facilitate the expansion of their recently opened Honda dealership. Mr. Benetti stated the area is planned to be converted into additional vehicle storage only. In order to include this area into their auto development, the land must be rezoned. He added rezoning is unable to take place until the land use is amended, since all city zoning must be consistent with the underlying land use for certain areas. Mr. Benetti explained the City Code does not provide a set of criteria or means of determining a land use amendment of this nature; therefore, Planning Staff is electing to utilize those criteria listed under the City's "Rezoning Evaluation Policy and Review Guidelines" contained in PC Minutes-Page 6 6-26-13 Section 35-208 to discern or ascertain the merits of this land use change. He provided a summary of the guidelines to the Commission. Commissioner Freedman asked about screening on the north side of the property. Mr. Benetti replied there will be screening and buffering on the north area and there is a benefit to the site with the road being so wide in the area along 69th Avenue. PUBLIC HEARING—LAND USE AMENDMENT There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to open the public hearing on the proposed Land Use Amendment at 8:53 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Ms. Linda McGinty, The Luther Companies, introduced herself to the Commission and stated the screening on the north side is important to them and they will provide adequate and attractive screening on the site. She added they are happy to the expanding in the city. Ms. McGinty stated the Honda site does not have enough parking on the site and acquisition of these parcels will allow them to increase availability of parking. Chair Burfeind thanked Ms. McGinty for Luther's contribution to the community. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to close the public hearing on the proposed Land Use Amendment. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-09 RECOMMENDING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM "SF-SINGLE FAMILY" TO "RB-RETAIL BUSINESS". RELATIVE TO THE R3-MULTIPLE FAMILY RESIDENTIAL ZONED LAND GENERALLY LOCATED AT 3955, 4001 AND 4007—69TH AVENUE NORTH There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-09. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Parks and Schonning And the following voted against the same: None The motion passed unanimously. PC Minutes-Page 7 6-26-13 The Council will consider the application at its July 8, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS —UPCOMING PLANNING COMMISSION ITEMS Mr. Benetti stated site and building plan approval for the new Luther Volkswagen dealership — 6801 Brooklyn Boulevard — will be presented at the July 11, 2013 Planning Commission meeting. He provided further information regarding the process for approvals that will take place regarding this application. Mr. Benetti also explained the PUD Amendment and Rezoning of the three lots to be incorporated into the new Luther Auto Brookdale Honda site. There were no other discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:05 p.m. Recorded and transcribed by: Rebecca Crass PC Minutes-Page 8 6-26-13