Loading...
HomeMy WebLinkAbout2003-010 - 6850-6870 Shingle Creek Pkwy FULL PACKETCity of Brooklyn Center Planning Commission Application Date Received Address/Street Location of Property Legal Description of Property Owger �' � 4 1 /;'- '6? UL f, Application No. I Phone No. Address,/ Applicant / i—�;�� �'f' C �" - �� R o w, Phone No. I LAICpla -93`j- a532 Address !��1 Type of Request: F1 Rezoning Subdivision Approval Other: Description of Request: Gi) Application Fee $ G'C• 66' F1Variance I n Special Use Permit 11 Site & Building Plan Approval - t � Acct No. 10100-4403 Receipt No. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. / �l Applicant (Please Print) Ap�'s Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: —/- � 17 C - Approved -�- Denied following conditions: this I_ day of 20 r subject to the Chairman ------------------------------------------------------------------------- CITY COUNCH ACTION Dates of Council Consideration: & J> C- Approved ,Denied this day of 20 D- , with the following City of Brooklyn Center A Millennium Community August 1, 2003 Mr. David Lutz SPM Construction 615 2nd Ave So Minneapolis MN 55402 Dear Mr. Lutz: This letter is to inform you of the action taken regarding Planning Commission Application No. 2003-010. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for Preliminary Plat Approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 2003-010 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 17, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. John Whitehead was absent and excused. APPROVAL OF MINUTES — May 29, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 29, 2003 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson 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 2003-010 DAVID LUTZ (SPM CONSTRUCTION COMPANY) Chair Willson introduced Application No. 2003-010, a request for preliminary plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69`h Avenue North. Mr. Warren presented the staff report for Application No. 2003-010 which consists of a preliminary plat that will divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69th Avenue North. One parcel would contain the existing Palmer Lake Plaza building and the other a new site for a proposed development by Holiday Companies for a food distribution center. (See Planning Commission Application No. 2003-010 dated 7-17-03 and the Director of Public Work's memo dated 7-16-03, attached.) PUBLIC HEARING — APPLICATION NO.2003-010 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the public hearing on Application No. 2003-010, at 7:53 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 7-17-03 Page 1 Mr. Neil Johnson, Project Manager for Ryan Companies, and Jeff Bornmann, Wirth Companies, introduced themselves. Commissioner Boeck inquired about the proposed addition to the existing Palmer Lake Plaza. Mr. Jeff Bornmann explained that they would not be adding to the building but rather the "tenant mix" would be changing which would increase the office occupancy in the building. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003-010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003-010, at 8:00 p.m. 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 APPLICATION NO. 2003-010 DAVID LUTZ (SPM CONSTRUCTION COMPANY There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003-010, submitted by David Lutz of SPM Construction Company for Preliminary Plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southeast corner of Shingle Creek Parkway and 69th Avenue North 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 provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial/warehouse occupancy of the building. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. 7-17-03 Page 2 The Council will consider the application at its July 28, 2003 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.2003-011 HOLIDAY STATIONSTORES INC. Chair Willson introduced Application No. 2003-011, a request from Holiday Stationstores, Inc. for site and building plan approval to construct a 43,761 sq. ft. commissary building on a newly created parcel of land at the southeast corner of Shingle Creek Parkway and 69`h Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7-17-03 for Application No. 2003-011.) He pointed out that as was indicated in the report for the preliminary plat under Application No. 2003-010, the Wirth Companies will be seeking a PUD rezoning of the properties to provide a Planned Unit Development justification for additional parking on the Palmer Lake Plaza building. The applicant may make some adjustments to coincide with the other submittal, which will be incorporated with the Planned Unit Development proposal. Mr. Warren recommended that this application be tabled to allow the applicant to submit their proposal as part of the Planned Unit Development rezoning and development plan process. Chair Willson asked the applicant if they understand the process for tabling their application and reviewing it later with the PUD application. Mr. Victor Sacko, Holiday Stationstores, responded that they do understand and that there is a sense of urgency to get approval on the application as they are anxious to build. He added that they hoped to keep their business in Brooklyn Center and find this site to be a good fit. They plan to improve the site with added landscaping. There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to table Planning Commission Application No. 2003-011, submitted by Holiday Stationstores, Inc. The motion passed unanimously. The Planning Commission recessed at 8:24 p.m. and reconvened at 8:32 p.m. OTHER BUSINESS Mr. Warren stated that he has been requested by the developer of 69`h & Brooklyn Boulevard to ask the Planning Commission to consider a minor amendment to the PUD that was approved for this site. He explained that the original plan granted approval of a 4,300 sq. ft. restaurant or retail building. It was assumed that a retail use would occupy approximately 7,000 to 8,000 sq. ft. based on the parking plans. The developer is are now in discussion with an auto parts store and additional square footage would be necessary to accommodate the building. They have requested consideration to alter the location and size of the building as a minor amendment. Mr. Warren asked for the Planning Commission's input regarding the possible need for a formal amendment to the Planned Unit Development. It was the consensus of the Planning Commission that resubmittal through the PUD process is not necessary for minor modifications to the approved plan and the developer can proceed to alter the proposed location of the building provided all other aspects of the PUD are unchanged. 7-17-03 Page 3 Commissioner Reem inquired about the status of various locations around the city. The Commission also briefly discussed the location and safety related issues of the temporary bus transfer point along Xerxes Avenue North and 56th Avenue North. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:52 p.m. Chair Recorded and transcribed by: Rebecca Crass 7-17-03 Page 4 Application Filed on 6-26-02 City Council Action Should Be Taken By 8-25-03 (60 Days) Planning Commission Information Sheet Application No. 2003-010 Applicant: David Lutz (SPM Construction Company) Location: Southeast Corner of Shingle Creek Pkwy and 69th Avenue North Request: Preliminary Plat Approval The applicant, David Lutz on behalf of SPM Construction Company, is seeking preliminary plat approval to divide and combine part of the Palmer Lake Plaza site (6850, 6860, 6870 Shingle Creek Parkway) with a vacant triangular parcel of land to the west along with surplus Shingle Creek Parkway right of way that is proposed to be vacated. The division/combination would create two parcels of land, one containing the existing Palmer Lake Plaza building and the other a new site for proposed development by Holiday Companies for a food distribution center. The properties under consideration are zoned I-1 (Industrial Park) and include Tracts D, H, I and L of RLS 1499 (Palmer Lake Plaza site); Tract K, RLS 1499 (vacant land); and surplus right of way lying west of Tract K and east of Shingle Creek Parkway that is proposed to be vacated. They are surrounded on the north by 69t' Avenue North with R-1 zoned land on the opposite side of the street containing Palmer Lake area; on the east by Shingle Creek and the Shingle Creek green strip; and on the south by Shingle Creek Parkway with C-1 (Service/Office) property containing the Spiritual Life Church and R-3 (Multiple Residence) property containing townhomes on the opposite side of the street. The proposed plat, to be known as Wirth Addition, would create two parcels of land. Lot 1, Block 1, would be 426,896 sq. ft. in area (9.80 acres) and contain the existing Palmer Lake Plaza office/industrial complex, which is made up of three attached buildings of 136,092 sq. ft. and accessory parking and loading space. The proposed Lot 2, Block 1, would be 182,541 sq. ft. in area (4.19 acres) and is proposed under Planning Commission Application No. 2003-011 for use as a Holiday Stationstores, Inc. commissary, which is a support facility where fresh and frozen sandwiches are assembled and distributed. The building would also serve as a minor training facility and have a small warehouse component. Lot 2 includes 28,251 sq. ft. of surplus right of way that once contained Shingle Creek Parkway where it intersected with 69t' Avenue North. A realignment project was undertaken a number of years ago allowing Shingle Creek Parkway to connect directly with a widened 69t' Avenue North to become the main throughway to Brooklyn Boulevard. Sixty-ninth Avenue North now intersects to the east of the throughway. Sanitary sewer and water main still exist in the surplus right of way and an appropriate easement will need to be prepared and filed to protect these public utilities if the surplus right of way is to be vacated. A street vacation ordinance has been offered to the City Council for first reading on their July 14, 2003 agenda. This vacation must be accomplished prior to final plat approval. 7-14-03 Page 1 No access to the proposed Lots 1 and 2 from 69t' Avenue North should be granted in keeping with the City's access restriction policy preventing access to the industrial park from 69t' Avenue North. This policy has been in place since the development of the industrial park in the late 1960's. Shingle Creek Parkway has a median restricting full access and turning movements to certain already established median breaks. One such median break exists at Freeway Boulevard and Shingle Creek Parkway in the immediate vicinity of this preliminary plat. The proposed Lot 2 will be allowed a right in, right out only access onto Shingle Creek Parkway requiring the need for a cross access agreement for Lot 2 over Lot 1 so that full access can be provided to Lot 2 at Freeway Boulevard. The Zoning Ordinance requires a 50 ft. buffer and setback area where I-1 zoned property is across the street from R-1, R-2 or R-3 zoned roperty. Such a situation exists along the northerly side of both of the proposed Lots 1 and 2 (69' Avenue North) and along the southerly side of the proposed Lot 2 and a small portion of the proposed Lot 1 (Shingle Creek Parkway up to Freeway Boulevard). The proposed division of the Palmer Lake Plaza site will allow for 377 parking spaces for the site. The current office/industrial ratio of the buildings is 60,536 sq. ft. of office and 75,546 sq. ft. of industrial/warehouse space requiring 275 parking spaces for the office parking requirement and 95 parking spaces for the industrial parking requirement for a total of 370 spaces. The proposed division will leave enough parking spaces to accommodate the current office/industrial ratio. The owners of Palmer Lake Plaza have indicated that they wish to increase the office occupancy by 14,800 sq. ft. in January 2004 to accommodate the future expansion of an existing tenant which would necessitate the need for 30 more parking spaces for a total of 407 parking spaces on the site. The owners plan to submit a PUD rezoning and development plan proposal that they believe will be able to provide the ability to expand parking for the site based on the current platting proposal. The PUD application will be filed by July 17, 2003 for consideration by the Planning Commission at the August 14, 2003 meeting. In the mean time, this preliminary plat can proceed but it must be with the clear understanding that if the PUD is not approved, or some other alternative is not approved, and the plat is filed, the proposed January 2004 modifications will not be allowed to be made based on a lack of appropriate parking meeting the minimum requirements of the zoning ordinance. The Public Works Director/City Engineer is reviewing the preliminary plat and will be offering his written comments, which will be attached for the Commission's review. No Watershed Management Commission review is required. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: 7-14-03 Page 2 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. 5. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial/warehouse occupancy of the building. 7-14-03 Page 3 Mr. McCauley discussed that the State requires the City to publish notice of the Council's intent to consider a currency exchange license and conduct a public hearing. This evening a public hearing has been schedule with a resolution to deny the issuance of the currency exchange license by reason of Brooklyn Center Code, Section 23-2203 (1), which prohibits location of a currency change within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as a secondhand goods dealer. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO.2003-112 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA The motion for the adoption of the foregoing resolution was. duly seconded by Councilmember Lasman. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO.2003-010 SUBMITTED BY DAVID LUTZ (SPM CONSTRUCTION COMPANY). REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE FIVE TRACTS OF LAND AND SURPLUS RIGHT-OF-WAY INTO TWO PARCELS AT THE SOUTHEAST CORNER OF SHINGLE CREEK PARKWAY AND 69TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003-010 submitted by David Lutz (SPM Construction Company) requesting for preliminary plat approval to divide and combine five tracts of land and surplus right-of-way into two parcels at the southwest corner of Shingle Creek Parkway and 69 h Avenue North is one of several steps that will take place for this project. 07/28/03 -5- Planning and Zoning Specialist Ron Warren outlined the request and discussed that the Planning Commission will consider a Planned Unit Development (PUD) ,on August 14, 2003. In the meantime, this preliminary plat can proceed but it must be with the clear understanding that if the PUD is not approved, or some other alternative is not approved, and the final plat is filed, the proposed January 2004 modifications will not be allowed to be made based on a lack of appropriate parking meeting the minimum requirements of the zoning ordinance. Mr. Warren discussed that the question raised earlier about the right-in/right-out would be allowed and that staff is in the process of reviewing traffic of 69t' Avenue. Mr. Warren informed the Council that the Planning Commission recommended approval Planning Commission Application No. 2003-010 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 provisions of Chapter 15 of the City Ordinances. 3. An appropriate cross access agreement allowing access from the proposed Lot 2 through the proposed Lot 1 shall be developed and filed with the final plat.. 4. An appropriate drainage and utility easement as approved by the City Engineer shall be provided to protect public utilities including sanitary sewer and water main in the location of the proposed vacated Shingle Creek Parkway area. Said easement shall be filed with the final plat. The proposed division/combination comprehended under this preliminary plat allows for 377 parking spaces on the Palmer Lake Plaza site (proposed Lot 1), which will accommodate a 60,546 sq. ft. office and 75,546 sq. ft. industrial/warehouse occupancy of the building. Mr. Warren discussed questions raised by Councilmember Niesen regarding.this request and the PUD process. Mayor Kragness suggested that Councilmember Niesen attend some Planning Commission meetings. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003-010 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. DISCUSSION REGARDING TAXICAB LICENSING FROM REQUEST OF TIM CRANDALL 07/28/03 -6- XCity of Brooklyn Center A Millennium Community September 12, 2003 David Lutz The Wirth Companies 615 Second Avenue South Minn�polis, MN 55402 Subject: WIRTH ADDITION Dear Mr. Smith: The City of Brooklyn Center requires that a registered Property Abstract or Updated Abstract of Title be submitted to the City Attorney for review as part of the approval process for final plats. The City Attorney has indicated that the information submitted for Wirth Addition is not sufficient to complete the necessary review of title work. Please contact Charlie LeFevere, City Attorney, at 612-337-9300 to discuss the submittal requirements for final plat approval. You must make arrangements with Mr. LeFevere to supply this information in order for the final plat to remain on the September 22, 2003 City Council agenda. Sincerely, Todd A. Blomstrom, P.E. Director of Public Works L,"'cc: Ron Warren, City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 MEMORANDUM DATE: July 15, 2003 TO: Ron Warren, Planning and Zoning Specialist b FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat Review for Wirth Addition Wirth Companies The Public Works Department has reviewed the Preliminary Plat dated June 25, 2003 for the Wirth Addition. The following comments and recommendations are provided for your consideration. Street Right -of -Way The property owner has met with City staff to discuss the potential of vacating a portion of right- of-way located to the north of the current alignment for Shingle Creek Parkway. The portion of right-of-way pro osed to be vacated is located along a section of Shingle Creek Parkway that terminated at 69` Avenue prior to reconstruction in 1994. The portion of Shingle Creek Parkway adjacent to the site was shifted to the southwest and 69`h Avenue was terminated at Shingle Creek Parkway with the 1994 reconstruction project. The City did not vacate the unused portions of right-of-way that are no longer necessary for public street after reconstruction was complete. Public Utilities Water main and sanitary sewer extend through the western portion of the site along the former alignment of Shingle Creek Parkway. These utilities were not relocated when Shingle Creek Parkway and 69`h Avenue were relocated during reconstruction. The dedication of a permanent drainage and utility easement over the existing utilities will be required if the unused portion of public right-of-way is to the vacated. Recommendations 1. The south property line within the proposed right-of-way to be vacated shall be shifted north to provide a minimum of 1-foot of separation between the existing sidewalk and the property line. 2. Beginning at a point 410 feet west of the existing site entrance, the south property line shall be shifted north to provide a minimum of 10-feet of separation between the existing sidewalk and the proposed property line. This is to allow for the construction of a future right turn bay along Shingle Creek Parkway at 69`h Avenue North. WDepts\Public WorksTngineering\Development & Planning\Wirth Plat\Preliminary Plat Review.doc 3. A 25-ft radius shall be provided at the property corner in the northeast quadrant of the intersection of Shingle Creek Parkway and 69th Avenue North. 4. The portion of the platted area for public right-of-way shall be appropriately labeled on the plat. 5. The Plat shall include a permanent drainage and utility easement over the existing utilities within the site. The easement shall extend 15-feet on both sides of the parallel sanitary sewer and water main located within the site. 6. The plat shall be revised to reflect the location of storm sewer along Shingle Creek Parkway. Contact John Harlow or Dave Peterson at 763-585-7190. 7. Vacation of right-of-way must be completed by City Ordinance prior to release of the Final Plat. 8. The Final Plat shall address Item No. 1 of the notes to include all existing easements based on current deed and title information. GADepts\Public WorksTrigineering\Development & Planning\Wirth Plat\Prel i mi nary Plat Review.doc