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HomeMy WebLinkAbout2014 05-29 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 MAY 29, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Christensen at 7:10 p.m. Commissioner Ben Freedman arrived at 7:10 p.m. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Katy Harstad. APPROVE AGENDA AS AMENDED There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to accept the agenda as amended. Voting in favor: Chair Pro Tern Christensen, Commissioners Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. ROLL CALL Chair Pro Tern Randall Christensen, Commissioners Benjamin Freedman, Katy Harstad, and Stephen Schonning were present. Also present were Councilmember Dan Ryan, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Scott Burfeind was absent and excused. Carlos Morgan was absent and unexcused. APPROVAL OF MINUTES—MAY 15, 2014 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve the minutes of the May 15, 2014 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tern Christensen 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. 2014-005 ROBBINSDALE AREA SCHOOL DISTRICT NO. 281 Chair Pro Tern Christensen introduced Application No. 2014-005, consideration of site plan approval for new parking and bus turn-around areas for Northport Elementary School, located at 5421 Brooklyn Boulevard (See Planning Report dated 5-29-14 for Application No. 2014-005.) Page 1 5-29-14 Mr. Benetti provided background information on the property and stated the Robbinsdale School District is wrapping up an $18 million, five-year phased redevelopment and improvement plan to the school. He added the remaining phase is for parking area and playground improvements that will improve overall safety and convenience by separating the bus traffic from personal vehicle traffic. Mr. Benetti stated the front parking area and entrance drive will be removed and replaced with a slightly wider parking area to the east. He added the new parking will provide a new concrete walkway. He pointed out preliminary plans indicated relocation of the trash dumpsters to the front parking area; however, staff was not supportive of the idea and the current plans under review do not show the relocation of the dumpsters. Mr. Benetti described the proposed layout of the parking area, playground space, access points and open space. He added the open-space area between the school and the Northport Drive right-of-way is city owned land/park property and the City Engineer may require Robbinsdale Schools enter into an access easement agreement between the City and ISD 281 to facilitate access across city land. Mr. Benetti provided information regarding a parking/bus travel study and explained how traffic will flow on and off the site, specifically the buses. He also reviewed after school hour's use of the proposed parking lot and said they do not expect an increased use of the parking lot nor any significant impact to traffic. He added the City Engineer was comfortable with the findings of the study. Mr. Benetti provided an overview of drainage, utilities, landscaping and lighting proposed on the site. Commissioner Schonning asked if there is a gate on the north end of the site. Brent Belter with Inspec, Inc. responded it is a barricade gate and the plan is to have it in the closed position during the school day. Commissioner Freedman asked if there were any concerns by the residents. Mr. Benetti replied there was a written concern by David Johnson who resides at Northport Drive and Admiral Lane, his concern specifically is with cars cutting through on Northport Drive to avoid lights on Brooklyn Boulevard and he feels the traffic will increase with this new access point. Commissioner Freedman stated he feels there doesn't appear to be any additional impact on the neighborhood street. Commissioner Christensen stated it looks like Mr. Johnson also is concerned with off-site parking on the street. Page 2 5-29-14 Mr. Eitel stated the city has been working in a cooperative effort with Northport Elementary to improve the school/park playfield area and it is anticipated the parking area would be used by the school in the morning and afternoon and available to the public for the Northport park usage. Commissioner Schonning stated it looks like the off-street parking issue is being resolved by creating the new parking area for the park and school. There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open the meeting for comments from the public. Voting in favor: Chair Pro Tem Christensen, Commissioners Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. Ms. Shawn Rockwell, 5355 Northport Drive, stated when there are a lot of activities at school, people do park on the street and cut through the yards and she feels adding parking on the school site would be a good idea. She also asked for a time line for construction. Mr. Benetti responded the school district plans to start work as soon as school is out, after receiving City Council approval. Ms. Rockwell asked if the other three remaining houses on the frontage road will be acquired by the City. Mr. Eitel replied if the owners wish to willingly sell their properties, the city would be interested in purchasing them. Ms. Rockwell stated there is little activity now at the ice rink that the warming house has been removed. Councilmember Dan Ryan, 6442 Indiana Ave, stated he is not here to represent any position he was just asked to make sure Mr. David Johnson's comments were entered into the record. He added the Council appreciates the efforts of the Planning Commission. There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to accept and make part of the official record the written comments by Mr. David Johnson. Voting in favor: Chair Pro Tem Christensen, Commissioners Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-005 SUBMITTED BY ROBBINSDALE AREA SCHOOLS — ISD NO 281 REQUESTING SITE PLAN APPROVAL FOR CERTAIN PARKING LOT IMPROVEMENTS FOR NORTHPORT ELEMENTARY SCHOOL (5421 BROOKLYN BOULEVARD). Page 3 5-29-14 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman , to approve Planning Commission Resolution No. 2014-05. Voting in favor: Chair Pro Tem Christensen, Commissioners Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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. 2014-006 GATLIN DEVELOPMENT COMPANY Chair Pro Tern Christensen introduced Application No. 2014-006, consideration of Amendment No. 6 to the Shingle Creek Crossing Planned Unit Development, to allow the reconfiguration of certain buildings and lot lines, and allow future drive-thru lane for new building, for the property located at 1300 Shingle Creek Crossing. (See Planning Report dated 5-29-14 for Application No. 2014-006.) Mr. Benetti provided a background to the Commission regarding the history of previous amendments to the originally approved Planned Unit Development (PUD) for Shingle Creek Crossing. He stated Amendment No. 6 involves the following components: • The revised layout of Bldgs. 9 and 10 within the former Brookdale Mall Food Court replacement plans. • The revised layout of Buildings R and T, which are proposed as two new restaurant pad sites. These two buildings were originally shown on PUD No. 4 as 5,400 sq. ft. and 2,800 sq. ft., respectively. Building T also included a new wrap-around drive-thru service lane for its own use. The new layout shows the buildings located closer to the Xerxes Avenue right-of-way, with Bldg. R remaining at 5,400 sq. ft. and T increased to 5,500 sq. ft. • The revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq. ft.; and the new tear-drop shaped drive-thru service lane for a proposed end-cap user (identified previously as Jimmy-John's Restaurant). • This part includes the replatting of the land surrounding the Food Court area. Although the preliminary plat of Shingle Creek Crossing 5th Addition has already been considered, Staff indicated in the related Planning Report that all new lot layouts had to be acknowledged or confirmed under the future PUD Amendment No. 6 plans. Mr. Benetti stated Staff is concerned with the somewhat unusual, non-symmetrical and confusing lot layouts or lot boundary patterns proposed under this Shingle Creek 5th Addition and previously approved plats within this PUD. He added some of these lot lines and patterns take on a "gerrymandered" appearance, which is due to the PUD requirement that each building pad site meet the minimum required parking standards of the PUD: • 4.5 stalls for each 1,000 sq. ft. of retail/service space Page 4 5-29-14 • 10 stalls for each 1,000 sq. ft. of restaurant space • 20% of a multi-tenant retail building could be used as a restaurant using the retail/service parking ratio. Mr. Benetti further stated Staff prefers a more typical plat map layout without the need to encumber the required number of parking spaces on each lot and suggests the Developer work to revise the Shingle Creek Crossing PUD agreement and/or Easements, Covenants and Restrictions Agreement approved under the Shingle Creek Crossing Agreement and the 1999 Brookdale Mall PUD. Mr. Benetti explained staff's recommendations to approve the Amendment which would allow certain revisions to the original 2011 Shingle Creek Crossing Planned Unit Development and to the 2013 Shingle Creek Crossing Master Plan and Planned Unit Development Plans, dated September 2013, subject to the following conditions and allowances: 1. Staff requests the Developer work with the City and stakeholders in this Shingle Creek Crossing PUD (including Sears) in revising the SCC-PUD Agreement or ECR Agreement to avoid future "gerrymandering" or unique and unusual lot configurations. 2. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 3. Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. Commissioner Freedman stated he appreciates all the hard work by staff on this development. He asked for clarification regarding approval of a drive thru. Mr. Benetti explained the process for a special use permit which is required for a drive thru. He added a future plan will require approval of the drive thru. He added this application simply approves the building footprint. Commissioner Freedman stated he agrees with making the lines straighter but he understands the needs to meet parking requirements. Commissioner Christensen stated the location of the drive thru looks like it changes traffic patterns. Mr. Benetti replied engineering staff has reviewed the plan and they are discussing if there is enough room for stacking and movement on the site. He added the revised plan for the drive thru service, provides better pedestrian access/safety. Commissioner Christensen stated the back side of a building along a main thoroughfare doesn't show the building is occupied and open and he has concerns with that. He suggested having a false window on the back side would make the building look more inviting from both sides. Mr. Eitel responded he has worked with the architect to create attractive four sided buildings with pedestrian friendly routes around the site and as they go forward they will continue to work with them regarding the design of the buildings. Page 5 5-29-14 Commissioner Freedman asked if the properties will be leased or sold? Mr. Benetti replied the sites are being platted separately by the developer so he can secure proper financing as the buildings are constructed. This also allows him to maintain ownership of the entire site and lease or sell any parcels to interested parties. PUBLIC HEARING—APPLICATION NO. 2014-006 There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to open the public hearing on Application No. 2014-006, at 8:27 p.m. The motion passed unanimously. Chair Pro Tern Christensen called for comments from the public. Luke Payne, Kimley Horn, Civil Engineer, stated he is open and willing to answer questions. Mr. Payne addressed Condition No. 1, which states the Developer work with staff and other stake holders to amend the PUD and ECR agreement. He stated he spoke to Gatlin and staff regarding parking and he provided a history of the research done regarding parking needs on the site. He added through the process it was determined that each individual would have to contribute towards the maintenance of the shared parking and at this point it creates a challenge to eliminate the criteria. He continued in order to obtain approvals for development, they had very stout rejections from Sears, and the Developer was forced to enter in certain agreements with Sears whereby they invoked ECR's on the entire site. He added amending the ECR with Sears would be nearly impossible since they have not been a very willing partner in this development. He continued by stating it creates significant problems for the overall development since the developer is not interested in amending the ECR at this point. Mr. Payne explained the reason for the unusual layouts of the lot lines in the plat. He added there are a lot of forces that come into play when laying out lot lines and he provided other examples of odd shaped parcels in Hennepin County which are usually drive by parking and is not unusual or atypical. Mr. Payne continued by stating it is in the best interest of everyone to be somewhat flexible to get desired tenants included in the development. He added that this was originally planned to be one lot and it was impossible to get financing without separating the lots this way. Mr. Benetti stated it is not out of the ordinary to lay out unusual lot configurations and staff is simply encouraging a nice pattern to a lot layout and the continued changes has caused angst among certain staff. Commissioner Christensen responded that he understands how this works and appreciates the efforts by the Developer to achieve completion of the site and would encourage staff to work with others to understand. Mr. Payne stated by objecting to the condition in no way means he is not willing to work with staff to see what makes the most sense and creates the cleanest subdivisions. Page 6 5-29-14 Commissioner Freedman stated he feels the city staff does a great job working with developers and he doesn't have a problem leaving the ECR agreement in place. Mr. Benetti suggested a change to Condition No. 1 to remove the requirement to revise the ECR agreement. Mr. Payne stated they will continue to work with staff and would like to remove the portion of the condition that requires revisions to the ECR. He also addressed the Commission's concerns with the look and layout of the future buildings and assured the Commission they will take their comments into consideration. He added the drive thru is the most important thing to secure the tenant on the site and he understands staff has some concerns but the proposed layout should not cause issues with access. No one else appeared at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to close the public hearing on Application No. 2014-006 . 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. 2014-06 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENTE (NO. 6) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-06. Voting in favor: Chair Pro Tern Christensen, Commissioners, Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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. 2014-007 GATLIN DEVELOPMENT COMPANY Chair Pro Tern Christensen introduced Application No. 2014-007, consideration of Site and Building Plan Amendment for Buildings No. 9 and 10, originally approved under Planning Application No. 2013-020, in the Shingle Creek Crossing Planned Unit Development, for the property located at 1300 Shingle Creek Crossing. (See Planning Report dated 5-29-14 for Application No. 2014-007.) Page 7 5-29-14 Mr. Benetti stated this amendment is to allow the reconfiguration of both building pad sites, with smaller or larger buildings than what was approved under the previous PUD Amendment No. 4, (Planning Application Nos. 2013-018 and 2013-020). He also provided a history of previous approvals and amendments to the site and explained due to the changes and reconfiguration of building layouts proposed under Planning Application No. 2014-006, the Shingle Creek Crossing PUD Amendment No. 6, and specifically the changes submitted for Buildings 9, 10, R and T (dated 05-19-14), staff felt it was prudent to resubmit these changes to Bldgs. 9 and 10 to the Planning Commission for consideration. Mr. Benetti further explained Building 9 was originally planned to be 8,352 sq. ft. size while Building 10 was scheduled to be 10,800 sq. ft. The amendment noted that these two buildings are essentially swapping places with each other, with Building 9 increased to 13,332 sq. ft. and Building 10 reduced to 6,000 sq. ft. He also provided information on grading, utilities, landscaping, access, parking, lighting and trash enclosure details. Commissioner Christensen stated he does not want the look of the wall to be on the site for another year and a half. Mr. Benetti responded staff is okay with the minimal screening until the buildings are complete rather than installing a decorative fence for a brief period of time. He added staff understands it will get filled in along with landscaping and berming once the buildings are complete. Commissioner Christensen stated he would like to see some advertising in the area that this is Shingle Creek Crossing and not Brookdale Center. He would also like to see the green screen go away. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-07 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-007 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF AN AMENDMENT TO THE APPROVED SITE AND BUILDING PLAN TO ALLOW THE RECONFIGURATION OF PROPOSED BUILDINGS 9 AND 10 WITHIN THE BROOKDALE MALL FOOD COURT RECONSTRUCTION AREA AND WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT(1300 SHINGLE CREEK CROSSING) There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to approve Planning Commission Resolution No. 2014-07. Voting in favor: Chair Pro Tem Christensen, Commissioners, Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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. Page 8 5-29-14 APPLICATION NO. 2014-008 GATLIN DEVELOPMENT COMPANY Chair Pro Tem Christensen introduced Application No. 2014-008, consideration of Site and Building Plan approval for Building R, a new 5,400 sq. ft. restaurant building pad site in the Shingle Creek Crossing Planned Unit Development, for the property located at 1300 Shingle Creek Crossing. (See Planning Report dated 5-29-14 for Application No. 2014-008.) Mr. Benetti stated the original Building R on the approved PUD Amendment No. 4 plans included a 5,400 sq. ft. restaurant building, with 58 spaces. He added the location of the original Building R site was located in the middle of the westerly parking lot and because the layouts of Buildings R and T were not meeting planning staff standards, staff encouraged the Developer to relocate these two building pad sites closer to the Xerxes Avenue right-of-way. He added the updated PUD Plan No. 6 now reflects a much better location and the building pad site remains a 5,400 sq. ft. stand-alone restaurant pad site which also includes a lot of 1.03 acres, and contains 56 spaces on the lot, which are allocated to the specific restaurant uses. Mr. Benetti described the layout of the building and explained proposed grading, utilities, landscaping, lighting, and trash enclosures. Commissioner Christensen stated his concerns with the buildings looking inviting to the public from all sides and suggested utility boxes be screened from view. He reinforced that he would like to see additional signs announcing the entrance to Shingle Creek Crossing. Commissioner Harstad asked if it is required to locate an opening to the enclosed patio for the restaurant site. Mr. Benetti responded it is common to have a gate to get out in case of an emergency. Mr. Payne added it was a conceptual design on the plan. Mr. Eitel added often times the customers can only get to the patio area through the restaurant. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-008 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING R WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (FUTURE ADDRESS 1390 SHINGLE CREEK CROSSING) There was a motion by Commissioner Schonning, seconded by Commissioner Freedman , to approve Planning Commission Resolution No. 2014-08. Voting in favor: Chair Pro Tem Christensen, Commissioners, Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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. Page 9 5-29-14 APPLICATION NO. 2014-009 GATLIN DEVELOPMENT COMPANY Chair Pro Tem Christensen introduced Application No. 2014-009, consideration of Site and Building Plan approval for Building T, a new 5,500 sq. ft. restaurant building pad site in the Shingle Creek Crossing Planned Unit Development, for the property located at 1300 Shingle Creek Crossing. (See Planning Report dated 5-29-14 for Application No. 2014-009.) Mr. Benetti explained the original Building T on the approved PUD Amendment No. 4 plans included a 2,800 sq. ft. restaurant building with 32 parking spaces. He added the location of the original Building T site was located in the middle of the westerly parking lot and because the layouts of Buildings R and T were not meeting planning staff standards, staff encouraged the Developer to relocate these two building pad sites closer to the Xerxes Avenue right-of-way. He further stated the updated PUD Plan No. 6 and Site Plans for Building T now reflect a much better location, and the building pad site is increased from 2,800 sq. ft. to 5,500 sq. ft. multi- tenant buildings pad site and this pad site also includes its a lot of 1.54 acres with 55 parking spaces. Mr. Benetti provided details on building and explained proposed grading, utilities, landscaping, lighting, and trash enclosures. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-09 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-009 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING T WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (FUTURE ADDRESS 1380 SHINGLE CREEK CROSSING) There was a motion by Commissioner Schonning, seconded by Commissioner Freedman , to approve Planning Commission Resolution No. 2014-09. Voting in favor: Chair Pro Tem Christensen, Commissioners, Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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. 2014-004 GATLIN DEVELOPMENT COMPANY Chair Pro Tem Christensen introduced Application No. 2014-004, consideration of the Final Plat for SHINGLE CREEK CROSSING 5th ADDITION, located in the Shingle Creek Crossing Planned Unit Development Project, (1300 Shingle Creek Crossing). Page 10 5-29-14 Mr. Benetti explained the preliminary plat of Shingle Creek Crossing 5t' Addition was approved by the Planning Commission on May 15, 2014. He added the final plat has been reviewed by staff and is recommended for approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-10 REGARDING A RECOMMENDATION TO APPROVE THE FINAL PLAT OF SHINGLE CREEK CROSSING 5th ADDITION LOCATED WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT SITE AS SUBMITTED BY GATLIN DEVELOPMENT COMPANY There was a motion by Commissioner Freedman, seconded by Commissioner Harstad, to approve Planning Commission Resolution No. 2014-10. Voting in favor: Chair Pro Tem Christensen, Commissioners, Freedman, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 9, 2014 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 There were no discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:36 m. Chair Recorded and transcribed by: Rebecca Crass Page 11 5-29-14