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HomeMy WebLinkAbout2003 05-15 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 MAY 15, 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, Rex Newman, and Dianne Reem were present. Also present were Mayor Myrna Kragness, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann, Sean Rahn and John Whitehead were absent and excused. APPROVAL OF MINUTES — MAY 1, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 1, 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 -005 KPM PROPERTIES. INC. AND O'NEILL CONSTRUCTION Chair Willson introduced Application No. 2003 -005, a request from KPM Properties, Inc. and O'Neill Construction, for Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The property in question is zoned R -1 (One Family Residence). Mr. Warren presented the staff report using overhead plan reductions for Application No. 2003- 005 consisting of a preliminary plat, which is to be known as O'Neill's Addition, that would divide a single lot into two buildable lots. The newly created lot (Lot 1) would contain a garage only, however, it is proposed for development in the near future with a single family home. (See Planning Commission Information Sheet for Application No. 2003 -005 dated 5 -15 -03 and the Director of Public Works' memo dated 5 -9 -03, attached.) Mr. Warren stated that the Zoning Ordinance allows a garage only as an accessory building to a principal building. He added that at the time the final plat is filed, it is recommended that the applicant either have made application for a building permit to construct a single family home or have executed an agreement with the City and posted a financial guarantee to assure that the Page 1 5 -15 -03 garage is removed within at least one year if no single family home is constructed. He added that the garage couldn't be left indefinitely without a principal building being constructed. PUBLIC HEARING — APPLICATION NO. 2003 -005 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2003 -005, at 7:43 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Dan O'Neill, representing the applicant, introduced himself and summarized his proposal to replat the property in order to create an additional lot and to build a new single family home on the newly created lot. Commissioner Newman asked the applicant what type house was proposed to be built. Mr. O'Neill stated that their plans are to build a home that blends in with others in the area. Mr. O'Neill asked for clarification on the 5 ft. easement that was recommended by the City Engineer. Mr. Warren explained that the drainage and utility easement has been suggested by the City Engineer to be placed along the north property line of the proposed Lot 1. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -005. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on Application No. 2003 -005, at 7:48 p.m. The motion passed unanimously. Commissioner Newman asked to amend the last sentence of Condition No. 3 to read " In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot." It was the consensus of the Commission members to make this change to the conditions. 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 -005 - KPM PROPERTIES, INC. AND O'NEILL CONSTRUCTION There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -005, submitted by KPM Properties, Inc. and O'Neill Construction for Preliminary Plat Approval to subdivide the lot at 5024 France Avenue North into two lots 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. Page 2 5 -15 -03 3. Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion passed unanimously. The City Council will consider the application at its May 27, 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 -006 RTM RESTAURANT GROUP Chair Willson introduced Application No. 2003 -006, a request from RTM Restaurant Group for a Special Use Permit and Site and Building Plan approval to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55 Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5 -15 -03 for Application No. 2003 -006 and the Director of Public Works' memo dated 5 -9 -03, attached.) The property under consideration is zoned C -2 (Commerce). Convenience food restaurants such as this are special uses in the C -2 zoning district. The Commissioners inquired about storm water run off and water and sewer service lines as shown on the plans submitted. Mr. Warren explained that the applicant will be required to submit a final set of plans showing changes consistent with the conditions of approval and the Engineer's comments related to these issues. PUBLIC HEARING — APPLICATION NO. 2003 -006 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2003 -006 at 8:20 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Jon Bogart, Bogart Pederson & Associates, representing RTM Restaurant Group, introduced himself and the architect, Kent Doble. Mr. Bogart addressed the concerns that the Commissioners had regarding storm water run off and water and sewer service. Mr. Doble also described the height and exterior appearance of the building. Page 3 5 -15 -03 Commissioner Boeck asked about an agreement for the maintenance of utilities. Mr. Warren explained that a standard utility maintenance agreement would most likely need to be executed between the property owners and the City. Chair Willson stated that such a requirement could be added as Condition No. 14 for approval. Mr. Warren would amend the conditions to show the addition of Condition No. 14. Commissioner Newman asked the applicant to demonstrate how and when deliveries would be made on the site. Mr. Bogart explained how this would take place. Mrs. Donna Ziska, 5455 Brooklyn Boulevard, thanked the Planning Commission and Mr. Warren for bringing such a pleasant development to Brooklyn Center on this site. No other person from the public appeared before the Commission during the public hearing on Application No. 2003 -006. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application No. 2003 -006 at 8:30 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 -006 — RTM RESTAURANT GROUP There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -006, submitted by RTM Restaurant Group, for a special use permit and site and building plan approval to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55 Avenue North and Brooklyn Boulevard (5444 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. Page 4 5 -15 -03 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 landscaped 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 driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to 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. A 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 shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion passed unanimously. The City Council will consider the recommendation at its May 27, 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. The Planning Commission recessed at 8:32 p.m. The Planning Commission reconvened at 8:33 p.m. Page 5 5 -15 -03 APPLICATION NO. 2003 -007 — MR. & MRS. TONY YANG Chair Willson introduced Application No. 2003 -007, submitted by Mr. and Mrs. Tony Yang, a request for special use permit approval to operate an adult day care at 5650 Lilac Drive North. For approval, it must be determined that the "adult day care facility" use is similar in nature to a "group day care facility" use, which is an allowed special use in the C -1 zoning district. Mr. Warren presented the staff report using plan reductions for Application No. 2003 -007. (See Planning Commission Information Sheet for Application No. 2003 -007 dated 5- 15 -03, attached.) He described State license requirements for an adult day care facility as well as how the Yangs feel their proposal meets the Standards for Special Use Permit contained in Section 35 -22 of the Zoning Ordinance. Commissioner Newman inquired as to the history of a single parcel of land zoned C -1 being surrounded by all other C -2 zoned property. Mr. Warren explained the possible history of the zoning of this parcel from the 1960's when it was developed. Commissioner Newman asked about buffering requirements from any residential property. Mr. Warren explained that when a C -1 zoned property abuts an R -1 zoned property, there is a minimum 15 ft. buffer requirement and opaque screening of at least 4 ft. high or a Council approved substitute. He also noted that a 6 ft. high opaque screening device is required where a parking lot abuts R -1 zoned property. Commissioner Reem asked for clarification on the maximum occupancy allowed in the building. Mr. Warren explained that the applicant's license allows them to serve 20 people, however, the size of the building allows for an occupancy limit of 40 people. PUBLIC HEARING — APPLICATION NO. 2003 -007 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2003 -007, at 9:04 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mrs. Tony Yang, the applicant, and Ms. Joyce McIntosh, Director of Adult Day Care in New Hope, introduced themselves. Ms. McIntosh explained the State of Minnesota Department of Human Services licensing requirements for adult day care. The center will serve vulnerable adults whose needs range from physical needs, cognitive needs, help with meals, etc. She added that patients must be capable of self - preservation to attend the site. Commissioner Boeck asked about medical staff on the site. Ms. McIntosh explained that licensing of such a facility requires that an RN must oversee care of the adults. The patients are also required to have a physical exam prior to attending the day care center. Commissioner Boeck asked about the age of people attending the day care center. Ms. McIntosh responded that at the Adult Day Care in New Hope, average age is 79, with a range of 51 to 102. Page 6 5 -15 -03 Commissioner Reem asked if the Commission could recommend additional screening be provided to separate this building from the residential properties that abut the site. It was the consensus of the Commission to add a Condition No. 7 that would require a 6 ft. opaque fence to provide appropriate screening between the parking area and the residential area it abuts. It was noted that there appears to be adequate landscape buffering along the back side of the building. Mr. Tom Dunn, representing Welsh Companies, pointed out what screening is in place along the property lines such as landscaping and a fence that is owned by an abutting residence. Mr. D. R. Sandstrom, 5624 Hillsview Road, thanked Steen Engineering for being a good neighbor over the years. He questioned if there would be food service on the site. He added that he feels he would like to insure that this service is provided to Brooklyn Center residents rather than "busing" people in from other areas. He asked about medical service on the site and patient assistance such as those attending to the needs of the patients. He also commented about screening around the site and pointed out existing fencing and landscaping on the surrounding residential properties. Commissioner Newman asked Mr. Sandstrom if the screening around his property is diminished in the winter. Mr. Sandstrom responded that it doesn't change much in the winter but he is concerned about his privacy from this type facility. Mr. Warren commented that it is the Planning Commission's responsibility to recommend approval or denial of the application based on the zoning issues being addressed and not necessarily how the center will be operated or who attends the day care center. Those issues will be addressed by the State license requirements. Mr. Gary Ford, 5630 Lilac Drive North, asked for further information on what type care is provided at the facility. Ms. McIntosh responded that it is a recreation therapy based facility where everything has a goal and purpose behind it. Their goal is to keep the residents as active as possible while working on short and long term memory and keeping them as physically and mentally healthy as possible through various activities. Darlene Cederberg, 5625 Hillsview Road, stated that she is a 45 year resident and her main concern is increased traffic on the street and how the safety of the residents could be affected. She also asked what signs would be put on the site so people know where to turn in to the facility so they won't be turning around in the resident's driveways along Hillsview Road. Mr. Neng Yang, 17745 Jefferson Street, former 14 year resident of Brooklyn Center stated that he moved out of the city because he wanted a much quieter, less busy place to live, however, he thinks Brooklyn Center is a nice community. He explained Mr. Tony Yang's background and asked the Commission to approved this application, as a facility such as this is needed in the city. Page 7 5 -15 -03 Commissioner Reem asked about the number of vans that would be coming to the site each day. Ms. McIntosh stated that she would expect possibly a couple vans a day might bring people to the site once the facility is up and running and added that others would be dropped off by family members. Gene Striefel, Steen Engineering, explained that they currently have 22 employees coming to the site and several delivery trucks a day. He feels that the level of traffic for this proposed use should be substantially less than it is with his current business operation. Shirley Cederberg, 5625 Hillsview Road, stated her concerns with increased traffic with the day care use and the cost to operate the site. Mayor Myrna Kragness, 3401 63 Avenue North, stated that the Yangs were her neighbors for 11 years and that she is appearing as a personal reference for the Yangs. She added that there is an aging population in Brooklyn Center that could benefit from this type facility in the city and she feels that the Yangs will do an excellent job operating such a facility. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the public hearing on Application No. 2003 -007 at 2003 -007 at 9:52 p.m. The motion passed unanimously. The Commissioners discussed the differences between nursing care facilities and adult day care facilities in the C -1 and C -2 zoning districts and how they compare. It was the consensus of the Commission that the adult day care use was an appropriate use in these zoning districts. 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 -007 — MR. AND MRS. TONY YANG There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -007, submitted by Mr. and Mrs. Tony Yang, for a special use permit to operate an adult day care at 5650 Lilac Drive North subject to the following conditions: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. I Page 8 5 -15 -03 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits. 7. The applicant shall provide a 6 ft. high opaque fence to provide a screening between the parking lot and the residential property. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The Council will consider the application at its May 27, 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. OTHER BUSINESS Commissioner Newman inquired about revisiting the zoning ordinance to address issues regarding the C -1 and C -2 zoning district. There was discussion about the proposed location of the bus transfer facility. 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 10:06 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 9 5 -15 -03