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HomeMy WebLinkAbout2005 08-11 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 REGULAR SESSION AUGUST 11, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Newman at 7:34 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Eric Berns. ROLL CALL Chair Pro Tem Rex Newman, Commissioners Eric Berns, Rachel Lund, Sean Rahn, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Boeck was absent and excused. Chair Willson was absent and excused. APPROVAL OF MINUTES — JUNE 16, 2005 There was a motion by Commissioner Rahn, seconded by Commissioner Roche, to approve the minutes of the June 16, 2005 meeting as submitted. The motion passed. Commissioner Lund abstained as she was not present at the meeting. CHAIR'S EXPLANATION Chair Pro Tem Newman 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. 2005-012 TJB HOMES, INC. Chair Pro Tem Newman introduced Application No. 2005 -012, a request from TJB Homes, Inc. for Site and Building Plan approval and a Special Use Permit for a 12,800 sq. ft. office building and to allow the placement of fill below the 100 year flood elevation at 1701 James Circle North. The property in question is 55,453 sq. ft. (1.27 acres) in area and is zoned C -2 (Commerce). Office buildings such as being proposed are permitted uses in the C -2 zoning district. A special use permit is required to place fill on land located below the 100 year flood elevation Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheet dated 8 -11 -05 for Application No. 2005 -012, and the City Engineer/Public Works Director's report dated 8- 08 -05, attached.) Commissioner Lund asked about the location of mechanical equipment. The applicant, Jason Budzynski, replied that the mechanical equipment would be installed as roof top units. 8 -11 -05 Page 1 Commissioner Rahn asked about the possibility of this building becoming a retail use. Mr. Warren responded that the site would need a total of 60 to 70 parking spaces to accommodate parking for a retail use and that number of parking spaces is not available on the site, therefore, the property may not be used to house retail uses. PUBLIC HEARING —APPLICATION NO. 2005-012 There was a motion by Commissioner Roche, seconded by Commissioner Lund, to open the public hearing on Application No. 2005 -012, at 8:11 p.m. The motion passed unanimously. Chair Pro Tem. Newman called for comments from the public. The applicant, Mr. Jason Budzynski, TJB Homes, 9100 Baltimore Street, Blaine, Minnesota introduced himself to the Commissioners. Commissioner Newman asked if the applicant was satisfied with the recommendations made by staff. Mr. Budzynski responded that he is in agreement with all the recommended conditions of approval. Commissioner Roche asked for further explanation regarding the mechanical equipment on the roof. Mr. Budzynski explained that the roof is flat with a gable design around the roof that gives the impression of an elevated roof, which would allow for screening of the roof top units. Commissioner Roche also asked for further clarification on the retaining wall. Mr. Budzynski responded that the retaining wall is only 2 R high and tapers off to assist with drainage on the site. There was further discussion about the materials to be used for the retaining wall and landscaping being provided on the site. Mr. Budzynski stated that the retaining wall would be made of a decorative material. Commissioner Rahn asked about customer traffic on the site with a proposed showroom display for the anticipated tenant. Mr. Budzynski replied that any display of product on the site would be on a smaller scale and would not generate customer traffic. He added that the product would not be sold on the site and it would not be a retail use. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -012. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Berns, to close the public hearing on Application No. 2005 -012, at 8:23 p.m. The motion passed unanimously. The Chair'Pro Tem. Newman called for further discussion or questions from the Commissioners Chair Pro Tem. Newman asked Mr. Warren about the history of other instances when building in the flood zone had been accomplished. Mr. Warren responded that it doesn't happen very often and he can't recall any situations where a special use permit had to be considered for the placement of fill below the 100 year flood elevation. The Commissioners interposed no objections to approval of the Application 8 -11 -05 Page 2 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -012 TJB HOMES. INC. There was a motion by Commissioner Rahn, seconded by Commissioner Roche, to recommend to the City Council that it approve Application No. 2005 -012, submitted by TJB Homes, Inc., for Site and Building Plan approval and a Special Use Permit for a 12,800 sq. ft. office building and to allow the placement of fill below the 100 year flood elevation at 1701 James Circle North subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. The plans shall be modified to provide concrete parking delineators /protectors rather than parking lot striping as indicated on the plan. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 8 -11 -05 Page 3 13. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the site. 14. This special use permit is granted for the placement of fill in areas below the 100 year flood elevation based upon the acceptance of an appropriate flood mitigation plan providing acceptable compensatory storage as approved by the City Engineer. Said approval shall take into consideration appropriate comments from the Minnesota DNR and the Watershed Management Commission. 15. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 16. The property owner shall enter into a utility maintenance agreement as approved by the City Council prior to the issuance of building permits. 17. The retaining wall shall be constructed with a decorative material. The plans shall be modified to indicate the type of material to be provided. Voting in favor: Chair Pro Tern Newman, Commissioners Berns, Lund, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its August 22, 2005 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. 2005-013 RENO & ASSOCIATES Chair Pro Tern Newman introduced Application No. 2005 -013, a request from Reno & Associates for Site and Building Plan approval and a Special Use Permit to construct a convenience food restaurant at 6901 Brooklyn Boulevard. The property in question is zoned C- 2 (Commerce) and is a vacant parcel of land approximately 21,000 sq. ft. (.48 acres) in area. Convenience food restaurants such as the one proposed are special uses in the C -2 zoning district provided they do not abut R -1, R -2 or R -3 zoned property including abutment at a street line. No such abutment exists in this case. Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheet dated 8 -11 -05 for Application No. 2005 -013, and the City Engineer/Public Works Director's report dated 8- 08 -05, attached.) PUBLIC HEARING — APPLICATION NO. 2005-013 There was a motion by Commissioner Roche, seconded by Commissioner Berns, to open the public hearing on Application No. 2005 -013, at 9:11 p.m. The motion passed unanimously. Chair Pro Tern Newman called for comments from the public. 8 -11 -05 Page 4 i The applicant, Tommie Reno, representing Reno & Associates, introduced himself to the Commission. The Commission inquired as to where the nearest Checker's was located. Mr. Reno responded that the closest stores are in Chicago, Milwaukee, and St. Louis. Commissioner Berns inquired about the potential for customers coming to the restaurant on foot and where they would take their food. Mr. Reno responded that this is not a neighborhood sit down restaurant and he does not anticipate a lot of foot traffic. He added that they will, however, have some outside sit down areas located near the corner of 69 and Brooklyn Boulevard possibly a 4 ft. by 4 ft. area. Commissioner Berns pointed out that one of the parking spaces appeared to located in the area proposed for the outside sit down eating area. Mr. Reno stated that there would be adequate p g parking on the site and the removal of this one parking spot would not create a parking shortage. Commissioner Berns pointed out that it appears on the plan that employees would be carrying out trash through traffic areas, which creates a safety issue. The applicant acknowledged Commissioner Berns' concerns. Commissioner Roche expressed his appreciation to the applicant for his interest in investing in the community. However, he acknowledged some potential traffic issues on the site and made several suggestions for additional directional signage. He also would like to see a plan showing the proposed outside seating. Commissioner Roche also inquired about additional fencing along the property line that abuts the single family home on Brooklyn Boulevard and the apartment building along 69 Avenue. The applicant assured the Commission that those issues will be further reviewed and addressed. There was further discussion by the Commissioners regarding stacking of cars on the site and other safety concerns on the site. Mr. Warren pointed out that most of the Commission's comments were not issues to be considered for approval of the application. Chair Pro Tem. Newman reiterated Mr. Warren's comments related to what the Commission was considering for approval of the application. Commissioner Roche inquired of the applicant what made this location attractive for development. Mr. Reno stated that it is a corner lot located along Brooklyn Boulevard and across from Culver's, which would generate business, as being the factors that attracts them to this site. Mr. Curtis Daly, 29245 Dahlia Street NW, Isanti, owner of the residential property abutting the site (6915 Brooklyn Boulevard) stated that most of his concerns have been addressed, however, he would dike the Commission to consider extending the fence towards Brooklyn Boulevard to avoid light glare onto his property and to keep trash from blowing onto his property. He also stated that he has not talked to the applicant but would entertain selling them his property if they needed additional land for parking. 8 -11 -05 Page 5 The Commission acknowledged Mr. Daly's concerns. Mr. Reno stated that he was committed to working with Mr. Daly to address his screening concerns. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -013. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Berns, to close the public hearing on Application No. 2005 -013, at 9:44 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners Commissioner Lund inquired as to how many employees would be working during a shift. The applicant responded that they encourage public transportation by their employees and do not anticipate a shortage of parking spaces. There was further discussion by the Commissioners regarding required screening/fencing along the property line abutting the site and the property addressed 6915 Brooklyn Boulevard. There was a consensus among the Commissioners that, given the assurances of the applicant, that he and the property owner of 6915 Brooklyn Boulevard work together to resolve the screening/fence issue, and that it is not necessary make it a condition of approval. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-013 RENO & ASSOCIATES There was a motion by Commissioner Lund, seconded by Commissioner Roche, to recommend to the City Council that it approve Application No. 2005 -013 to construct a convenience food restaurant at 6901 Brooklyn Boulevard subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. 'An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 8 -11 -05 Page 6 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 10. This special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or these plans shall require an amendment to the special use permit. 11. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The plans should be modified prior to the issuance of building permits to: a. extend the 6 ft. high cedar fence to the north property line. b. show existing and proposed site elevations and contours including pavement surfaces, curbs and the proposed building. c. include catch basins, storm sewer and other methods for collecting and conveying storm water run off from the site. Voting in favor: Chair Pro Tem Newman, Commissioners Berns, Lund, Rahn, and Roche. The motion passed unanimously. The Council will consider the application at its August 22, 2005 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. OTHER BUSINESS Mr. Warren stated that the September 15, 2005 Planning Commission would be canceled. There was no other business. ADJOURNMENT There was a motion by Commissioner Roche, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:03 p.m. 8 -11 -05 Page 7 Chair Recorded and transcribed by: Rebecca Crass 8 -11 -05 Page 8