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HomeMy WebLinkAbout2013 08-29 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 AUGUST 29,2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:07 p.m. ROLL CALL Chair Scott Burfeind, Commissioners 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. Randall Christensen and Carlos Morgan were absent and excused. APPROVAL OF MINUTES —AUGUST 15. 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman to approve the minutes of the August 15, 2013 meeting as submitted. 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. 2013-015—THE LUTHER COMPANY, LLLP Chair Burfeind introduced Application No. 2013-015, a request for Preliminary and Final Plat approval of BRI-MAR THIRD ADDITION, as part of the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development located at 4007, 4001 and 3955 691h Avenue North(refer to Planning Report dated 8-29-13 on Application No. 2013-015). Mr. Benetti explained the Luther Company is requesting consideration of a new plat to be titled BRI-MAR THIRD ADDITION consisting of three separate properties addressed as 4007, 4001 and 3955 69th Avenue North. He added the parcels will be combined with the adjacent Luther property addressed 6800 Brooklyn Boulevard. Mr. Benetti briefly described the history of the properties as part of the overall Planned Unit Development for the Luther properties and pointed out both the preliminary plat and final plat were being considered for approval with the application. PUBLIC HEARING—APPLICATION NO. 2013-015 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open the public hearing on Application No. 2013-015, at 7:12 p.m. The motion passed unanimously. PC Minutes 8-29-13 Page 1 Chair Burfeind called for comments from the public. No one appeared for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to close the public hearing on Application No. 2013-015. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. Commissioner Freedman asked if there had been any further concerns by the neighbors. Mr. Benetti replied the neighbors met recently with the applicant and city staff to address their concerns, primarily on lighting and screening issues, which staff will update the Commission under review of the following Application No. 2013-016 (Final Development/Site Plan). There were no further comments from Commissioner Freedman or the other commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-16 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT AND FINAL PLAT OF BRI-MAR THIRD ADDITION There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-16. Voting in favor: Chair Burfeind, Commissioners Freedman, and Schonning And the following voted against the same: Parks The motion passed. The Council will consider the application at its September 9, 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. 2013-016 - THE LUTHER COMPANY, LLLP Chair Burfeind introduced Application No. 2013-016, a request for final Development Plan/Site and Building Plan approval for the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development (refer to Planning Report dated 8-29-13 on Application No. 2013- 016). Mr. Benetti stated the development/site plan review involves the three adjacent former residential properties (4007, 4001 and 3955 69th Avenue North) which will be used for additional parking and storage of vehicles and consists of 1.78 acres in total land area. Mr. Benetti further provided a brief review of the PUD approvals from 2008 and 2011 and reviewed requirements PC Minutes 8-29-13 Page 2 for the site including setbacks, screening, utilities, landscaping, and lighting related to the proposed vehicle storage/parking improvements. Mr. Benetti provided further screening and lighting details and stated the proposed plans should address any previous concerns the neighbors had regarding glare onto their properties and the location of the buffer from 69th Avenue North. He added the applicant has provided adequate measures to help mitigate impacts caused by this new development, including appropriate buffering on the property with the 8-ft. and 10-ft. fence being proposed. Mr. Benetti also provided information on the underground storage system being installed to infiltrate water run- off in lieu of a ponding area which has been used successfully in some of the applicant's other properties. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks asked why the applicant needs the under water storage on the site. Mr. Benetti replied it is an alternative to a ponding area. Commissioner Parks asked why they are not installing an impervious surface rather than hard surface and he asked what happens to the water after it is contained underground. Mr. Benetti replied the storm water runoff is captured in various storm intakes located throughout the parking area, which feeds into the underground grid storage containment facility. The water is then held and is able to slowly percolate through the bottom rock layered filtration system, whereby the system helps remove all the dirt and grit from water and clean water filters back to the ground. In the event of abnormal or high rainfall periods or should the system become full, there is an emergency discharge line that runs out to the city storm sewer system under 691h Avenue N. The eventual outflow of this water discharges to the Palmer Lake system to the northeast. Commissioner Parks asked why they are filtering in into the ground, why not catch it on top above an impervious soft surface and wait for it to percolate back down. Mr. Benetti replied that could have been an option but the applicant chose this option. He added the city engineer and local watershed (Shingle Creek Watershed) has reviewed and approved the proposed system. Mr. Steve Sabraski, consulting Project/Design Engineer with Landform for The Luther Company and this project, responded by explaining if an infiltration system with an impervious surface area was added, a treatment of one inch water run-off would be required. He added the system proposed is one way to accomplish this and it is the most efficient. If there were a system above ground, they would need an impervious surface which could be more expensive. He added it also helps facilitate snow removal on the site. Commissioner Parks asked the applicant why they plow the snow on a back lot when it just melts and runs off. Mr. Sabraski replied they need to access the cars in the back lots even in the winter. Commissioner Parks responded: "Really? Even in the winter you are going to plow after every two inch snow fall?" Mr. Sabraski replied, yes, like any other business they will need to remove this snow to keep the site accessible and that this underground system is an approved infiltration system and the one they have chosen for this site. PC Minutes 8-29-13 Page 3 Commissioner Parks asked the applicant why they would propose this type of system in a time of drought when it is only for an overflow parking area. He further asked why they can't park vehicles on the grass since everybody else does it. He further stated "You seem to think it is important to pave over every single part of your property and you want to keep that water in one place and you don't want it to go straight to the aquifer. I want to see you put in an impervious system." Mr. Sabraski replied this system meets the requirements of the watershed and is the most efficient and cost effective. They have them all over town and are comfortable with using this product on this site. Mr. Gary Eitel replied to Commissioner Park's comments and stated Luther has a system like this at the 6701 Brooklyn Boulevard site (Luther Chevrolet) and it has been successful. He added in Brooklyn Center you cannot park on a pervious system such as grass, since this would be in violation of city ordinances. Mr. Eitel continued, with this system the applicant is achieving what is required by the watershed. He added in the winter even if the snow melts off a car, if falls onto frozen ground and just sits there and this system will still function even in the winter and can hold a two inch rainfall. He added 20 percent of the property is maintained as green space and it meets the standards. Commissioners Parks stated our community is not good enough for Luther to spend more money on the site and they would if this was in Wayzata. Mr. Eitel replied the applicant is meeting the standards and if the Commission does not agree with the standards, they should consider changing them. Commissioner Parks stated we should consider the impact of the water run-off and not recharging the city's aquifer. Mr. Eitel replied Brooklyn Center's drinking water comes from the Jordan aquifer, which is over 300-400 feet down below the ground and is actually recharged in southwestern Minnesota. He added the water run-off and seepage from this system will only affect or replenish the immediate subsurface ground water layers. No part of this storm-water runoff should actually reach the aquifer. Commissioner Parks stated he feels this site it is not treating the area with green standards. Mr. Eitel replied the City of Brooklyn Center does not have a green ordinance to enforce. Commissioner Parks replied the applicant can choose to use green standards or materials if they want. He added if we don't ask them to, then they won't and if they don't have a conscience, they will continue to do what they want and not use newer technologies available. Linda McGinty, representing the Luther Company, stated this is not the first time they have been asked to use pervious pavement. She added no community has allowed them to park on the grass mostly because vehicles leak fluids and they don't want those fluids to go into the soil or groundwater. Ms. McGinty further explained pervious pavers and pavement has not been proven to be efficient and they are not used extensively in Minnesota due to freezing and thawing. She added the contraction process causes the pavement to break up sooner since it has more room for PC Minutes 8-29-13 Page 4 water and dirt to fall through and become trapped which causes problems for vehicle parking and pedestrian traffic. She also stated the paver system requires annual maintenance and has to be vacuumed because of spacing and they can break up and cause a safety issue with employees and customers walking on the lot. Ms. McGinty further explained the surface is not smooth and in the winter time they have to plow storage lots because employees and customers will drive and walk on the entire lot and they must be maintained to the best of their ability for safety. She added cars from the storage area are sold and have to be moved which means employees have to be able to access the lot at all times. Commissioner Parks continued to ask Ms. McGinty why they don't use pervious pavers. Ms. McGinty stated they choose to not use pavers on their property and this system is approved by the watershed. She added they do not consider themselves to be bad neighbors because of this. Commissioner Parks asked why they cut down trees. Ms. McGinty replied they removed trees that would be in the way of the parking lot and they were replaced with other trees. She added they will remove trees if they propose an issue of dropping sap and branches. Commissioner Parks continued by asking, "so that is why you cut down big trees and replace with small trees?" Ms. McGinty stated they replace trees that are removed with large trees that will grow and mature. Commissioner Parks stated, "so you will plant trees and cut them down when they get too big." Ms. McGinty explained they plant trees in the appropriate place that will not damage vehicles. She asked Commissioner Parks for clarification on his question. Was he asking if they evaluated the location of every tree on the property? Commissioner Parks asked if they don't do that, are they really thinking green or are they thinking pavement? He added if the tree gets in the way, who is going to win, the pavement? Ms. McGinty replied if a tree is in an inappropriate location, it may be removed. She added they are expanding because they have a definite business need. Commissioner Parks stated Luther is more concerned with money than being green and they are not a good neighbor to the community. Ms. McGinty responded by stating they always follow the rules to be a good business neighbor and this is the first she has heard of this from Commissioner Parks. She added she previously invited him to contact her regarding his concerns and he did not. Commissioner Parks stated the issue is they are providing landscaping plans and he's not sure if the plan will be followed or not. Ms. McGinty replied if they provide a plan that meets the requirements, they will meet or exceed that plan. Commissioner Parks asked what happens if you do not meet the requirements? PC Minutes 8-29-13 Page 5 Mr. Benetti explained the City holds a performance bond to insure the site is developed as approved and meets all requirements. He added the City feels the screening and landscaping plan is adequate and meets the concerns of the neighbors and if the site does not meet the requirements, the city can withhold the performance bond. Commissioner Parks stated he sees a 20 ft. light pole and 6 ft. tree but how does that buffer? He added they are showing green around the lot but Mr. Benetti said something about a sound wall. Ms. McGinty responded along the south side there will be 10 ft. high screening and along the north and east side it will be 8 ft. high. Commissioner Parks asked why they are reducing the setback from the street. Mr. Benetti responded the new parking site meets the required setbacks (15-feet) from the street (69th Avenue) and the other areas of the site do not, which under a PUD consideration and proposal developers can ask for certain allowances or reductions of this nature. The initial PUD site layout plan was previously presented with these reduced buffers and setbacks when the rezoning of this site from R3 Multiple Family Residence to PUD/C2 (under Planning Application No. 2013-010) was considered by the Planning Commission and approved by the City Council, with the understanding a wall would be installed to help buffer. The reduced setback simply allows the Applicant more space to store or park cars. Commissioner Parks asked what about the neighbors. Ms. McGinty replied no one has complained and this is a much improved buffer. Commissioner Parks stated but right now there is no parking there. Ms. McGinty replied the current fence is not adequate to screen. Commissioner Parks asked then why the reduced setback on the south end? Ms. McGinty again stated it has to do with storage of vehicles. Commissioner Parks stated that area has rental units bordering the property and it is easy to take advantage of rental housing since they come and go and don't have any stake in the community. Ms. McGinty replied they respect all the neighbors in the entire area and do not call them out in any way. She added the walls provide safety and protection for their property as well as the public. Commissioner Parks stated he still doesn't understand why the reduced setback is being allowed. Mr. Eitel stated this conversation is going beyond what is being reviewed and Mr. Parks has made his point. He further stated we should not badger the applicant in regards to their submittal since this exchange is not facilitating a positive result and it is not serving the Planning Commission as a group. Chair Burfeind stated everyone has the right to voice their opinion but he would like the Commission to stay on task related to this specific PUD consideration. Commissioner Schonning stated he is irritated and annoyed by this line of questioning, and requested to move on with the consideration of this item. Commissioner Freedman also stated he would like to move-on. PC Minutes 8-29-13 Page 6 Commissioner Parks stated he is sorry for badgering the applicant. Ms. McGinty stated she implores Mr. Parks to contact them and have a discussion regarding his concerns. She added new ideas come along all time and they appreciate the opportunity to discuss them. Commissioner Schonning asked for clarification regarding maintenance of the water retention system. Ms. McGinty responded there is required maintenance and they sign an agreement that is submitted to the city annually regarding the maintenance. She added they do this with other dealerships in the city as well. Chair Burfeind stated that he spoke with another Commissioner who voiced some concerns with lighting and landscaping, specifically he asked about the 24 ft. poles for the lighting that are now being shown at 15 ft. He asked what the size of the existing light poles are. Mr. Benetti responded they are 24 ft. Chair Burfeind commended staff for noting in the resolution what he feels are the most critical issues on the site, specifically the following items: 1. The Developer shall submit for future Planning Commission review the final screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted as completed by the City. 2. The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda, including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems, both inside and outside the wall, and within the boulevard area along 69th Avenue North. 3. The Developer must protect the city-owned 25-inch white oak tree and other trees and bushes located in the city's 69th Avenue North right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or bushes is permitted. If any city-owned material must be removed,the Developer must first receive city approval and opinion from the City Forester. 4. The Developer will ensure that lighting is maintained or directed downward into their site, and immediate measures will be taken to address or respond to any complaints from neighboring property owners. Chair Burfeind stated these four items are critical to the approval of the site regarding maintenance and care of landscaping, lighting and screening which will mitigate any concerns expressed. He added it is currently a dark corner and there are some large spotlights that shine on the townhouse property and this plan should have minimal effect on them. He appreciates that Luther has done a great job with community relations in regards to this project. PC Minutes 8-29-13 Page 7 Commissioner Schonning stated he also visited the site and feels the change to 15-ft. lighting is more acceptable in this location. He noted a spot where there is an open spot and would like to see a tree planted there. He added there has been some great movement on the plan and feels satisfied with this plan. Chair Burfeind noted the plan shows multiple trees identified to be removed. He asked if this is an opportunity to transplant a tree rather than purchase new tree since some are fully mature. Mr. Sabraski replied they recently had a discussion regarding placement of the trees on the site. He added it was proposed they would still purchase the coniferous trees and let the city use them to fill in some of the gaps along 69th Avenue and they do plan to purchase more mature trees and will plan to shift some of the trees around to fill in gaps. Chair Burfeind asked if the Watershed's infiltration rate doubled, is this site held to that rate vs. the rest of the PUD? Mr. Sabraski replied that is correct and the first one inch run-off rainfall is required to be infiltrated into the impervious surface. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-17 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING FINAL DEVELOPMENT/SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STOARAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONA-TOYOTA PLANNED UNIT DEVELOPMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-17. Voting in favor: Chair Burfeind, Commissioners Freedman, and Schonning And the following voted against the same: Parks The motion passed. The Council will consider the application at its September 9, 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 ITEM—GATLIN DEVELOPMENT COMPANY CONSIDERATION OF A REQUEST TO CONSTRUCT AN 11,200 SQ. FT. MULTI-TENANT BUILDING ON BUILDING D PAD SITE (1090 SHIINGLE CREEK CROSSING) Mr. Benetti provided information on the updated Master Plan — Amendment No. 3 affecting Building D pad site. He noted the Planning Commission had expressed concerns in September 2012 regarding a drive up window on the building and this proposal does not include a drive up window. He added that Mr. Gatlin informed staff that a business is interested in locating on the Building D pad site with a larger size building (11,200 sq. ft.)than was previously approved(8,400 PC Minutes 8-29-13 Page 8 sq. ft.). He added the developer would like to construct a building identical to that approved for Pad site L with construction to begin in the fall of 2013. Mr. Benetti continued by stating this proposal would require a PUD amendment and site plan approval since the building size would be increased. He added the steel has been ordered for Building L and Mr. Gatlin would like to get construction started this fall since he has two tenants that would like to occupy the building. Mr. Benetti stated this item would be presented to the Planning Commission for consideration in September 2013. Chair Burfeind stated he has concerned with approval something without seeing actual design plans based solely on the fact that steal has been ordered. He had questions regarding the proximity of the building to the curb line. Mr. Eitel explained the proposed layout of the building and pointed out the building would be built close to the curb line. Commissioner Schonning stated he has some concerns with the size of the building based on the relation to Bass Lake Road. Commissioner Parks respectfully suggests that the city take away parking requirements on the site and have shared parking and let them have as big a building as they want. He added this would give them as much room as they want without cramming the building on the site. Burfeind responded that he agrees with that concept and parking on one side could be closed off and it could then be green space with shared parking. Mr. Eitel replied the site must meet parking requirements based on development agreements, the zoning ordinance, and PUD approval. There was further discussion by the Commission and Staff regarding the Shingle Creek Crossing PUD related to parking requirements on the site. OTHER BUSINESS - STAFF UPDATES ON CITY COUNCIL ACTION ITEMS FROM THE AUGUST 26, 2013 MEETING Mr. Benetti stated the two special use permits for dynamic signs were approved by the City Council. There was no other business. ADJOURNMENT There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:45 p.m. Chair Recorded and transcribed by: Rebecca Crass PC Minutes 8-29-13 Page 9