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HomeMy WebLinkAbout2002 07-25 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 JULY 25, 2002 REGULAR SESSION 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, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES — JULY 25, 2002 There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to approve the minutes of the July 25, 2002 meeting as submitted. The motion passed. Commissioners Boeck and Reem abstained as they were absent. 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 NOS. 2002 -009 and 2002 -010 (INDEPENDENT SCHOOL DISTRICT NO. 286 Chair Willson introduced Application No. 2002 -009, a request from Independent School District No. 286, seeking Preliminary Plat approval to combine and divide the existing Earle Brown Elementary School site, Grandview Park and a segment of vacated Humboldt Avenue right of way into two lots and Application No. 2002 -010 requesting Special Use Permit approval and Site and Building Plan approval to construct a new 141,000 sq. ft. Earle Brown Elementary School and a reconfigured Grandview Park. Mr. Warren presented the staff report using overhead transparencies for Application No. 2002- 009 which consists of a preliminary plat that will combine and divide the existing Earle Brown School site, Grandview Park and a segment of Humboldt Avenue (that is to become vacated right of way) into two lots to accommodate a new Earle Brown Elementary School and a reconfigured and redeveloped Grandview Park. (See Planning Commission Information Sheet for Application No. 2002 -009 dated 7/25/02 and the Consulting Engineer's memo dated 7/22/02, attached.) The properties under consideration are the existing Grandview Park property, which is a triangular shaped parcel and the Earle Brown Elementary School property, which is a rectangular 7 -25 -02 Page 1 shaped parcel. These properties are zoned R -1 (One Family Residence). Public and private elementary schools and parks are special uses in this R -1 zoning district. Mr. Warren presented the second staff report for companion Application No. 2002 -010 to describe the applicant's proposal for a Special Use Permit and Site and Building Plan approval to construct a new 141,000 sq. ft. Earle Brown Elementary School and the reconfiguration of Grandview Park. (See Planning Commission Information Sheet for Application No. 2002 -010 dated 7/25/02 and the Consulting Engineer's memo dated 7/22/02, attached.) Mr. Warren indicated that the preliminary plat should show the property line being shifted so that both retention ponds are located on the school property. He added that retention ponds are not required on park property. Commissioner Erdmann inquired about the depth of the ponding area in relation to the underground gas line. Mr. Paul Hagen, Architect for Leonard Parker and Associates, responded that they have discussed this with Minnegasco/Reliant Energy and they are discussing the possibility of diverting the gas line if necessary. Mr. Warren pointed out that Mr. Hagen has discussed possibly shifting the parking area next to the bus turn around area to be located closer to the school. They will be required to get approval to any modifications to the plans as submitted prior to making changes. Commissioner Boeck suggested the wording in the conditions of approval regarding ponding be changed to "requires approval" rather than "shall be approved ". Mr. Warren agreed and the conditions will reflect the change. Commissioner Boeck inquired about the requirements for parking and stacking of buses when dropping off and picking up students. Mr. Hagen explained that the attempt was to get the buses as close to the building as possible without splitting the ponds too far apart. It was also planned with aesthetics being considered. Commissioner Rahn pointed out that the siding hill appears to be surrounded on three sides by roadways and asked what preventative safety measures have been taken for those using the hill. Mr. Hagen responded that discussions have taken place regarding installing fencing, berms or shrubs for protection. Mr. Steve Anderson, Brooklyn Center School District, explained that they attempted to plan the sliding hill to mirror the existing layout. Chair Willson added that since the park is City property, the City will also review the sliding hill and surrounding area for final plan approval. Commissioner Whitehead asked if the sliding hill currently exists on the site. Mr. Anderson explained that such a hill currently is on the site and Park and Recreation has requested that the hill be replaced with the reconfiguration of the park. Commissioner Boeck asked if the plan included adequate drainage in the new baseball fields. Mr. Hagen responded that the current fields are very flat and the new fields as designed by the engineer to provide adequate grading for proper drainage. 7 -25 -02 Page 2 Commissioner Boeck further asked if the applicant felt the location of the parking lots for the ball fields were convenient. Mr. Hagen replied that they have met with the City and they are very satisfied with the parking provided. PUBLIC HEARING — APPLICATION NO. 2002 -009 & 2002 -010 There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2002 -009 and 2002 -010, at 8:37 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Marlow Cordes, 5825 Knox Avenue North, asked about access points along 59th Avenue North. Commissioner Boeck explained how the school drive areas will be accessed along 59th Avenue from the adjoining streets. Commissioner Newman asked the applicant about planned signage on the site. Mr. Anderson stated that a small freestanding marquee sign at the entrance to the school was planned. No other persons from the public appeared before the Commission during the public hearing on Application Nos. 2002 -009 and 2002 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2002 -009 and 2002 -010 at 8:35 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. 2002-009 INDEPENDENT SCHOOL DISTRICT NO. 286 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2002 -009 submitted by Independent School District No. 286, for Preliminary Plat approval to combine and divide the existing Earle Brown School site, Grandview Park and a segment of Humboldt Avenue that is to become vacated right of way into two lots to accommodate a new Earle Brown Elementary School and a reconfigured Grandview Park 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. Appropriate agreements comprehending the joint use of the properties by the City and the School District shall be developed and filed with the final plat. 7 -25 -02 Page 3 4. A 63 ft. wide utility easement shall be retained following the vacation of the Humboldt Avenue right of way between 59th and 60th Avenues North. This easement shall be shown on the final plat. 5. The storm water detention plan proposed for this development requires approval by the West Mississippi Watershed Management Commission prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2002 -010 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the application at its August 12, 2002. 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -010 (INDEPENDENT SCHOOL DISTRICT NO. 286) There was a motion by Commissioner Newman, seconded by Commissioner Boeck to recommend to the City Council that it approve Application No. 2002 -010, submitted by Independent School District No. 286 for Special Use Permit and Site and Building Plan approval to construct a new 141,000 sq. ft. Earle Brown Elementary School and reconfiguration of Grandview Park subject to the following condition: 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. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 4. 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's Ordinances. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7 -25 -02 Page 4 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The final plat and Humboldt Avenue street right of way vacation shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the construction of the elementary school. 9. Special use permit is granted for the construction of a new Earle Brown Elementary School and the redevelopment of Grandview Park. Any expansion or alteration of the facilities not comprehended by the approval shall require and amendment to the special use permit. 10. The developer shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 11. The storm water drainage system and ponding area requires approval by the West Mississippi Watershed Management Commission prior to issuance of permits. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend that the City carefully review the location of the sliding hill at the southeast corner of the park site for safety and liability considerations prior to its construction. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the application at its August 12, 2002. 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. 2002 -011 (KIMTRANG KIMBERLY NGUYEN) Chair Willson introduced Application No. 2002 -011, submitted by Kimtrang Kimberly Nguyen, a request for a special use permit approval to operate a home beauty shop at 3312 O'Henry Road. Mr. Warren presented the staff report using overhead transparencies for Application No. 2002- 011. (See Planning Commission Information Sheet for Application No. 2002 -011 dated 7/25/02, attached.) The property is zoned R -1 (One Family Residence). Home beauty shops are classified as special home occupations in the City's Zoning Ordnance. Mr. Warren also reviewed the applicant's plan to convert a room in the home into a single operator beauty shop. 7 -25 -02 Page 5 Commissioner Reem asked if there would be a bathroom for customers within the beauty shop and what size the drive way is. Mr. Warren explained that the State licenses such facilities and no bathroom is required, only a sink. He added that the driveway is 10 ft. wide and careful scheduling of customers will be needed to avoid any parking problems. All parking by the owner and customers must be off street in the owner's driveway. Commissioner Erdmann asked about the driving surface. Mr. Warren explained that is blacktop and if it is expanded, it must be Class 5 gravel, blacktop or concrete. Commissioner Rahn asked for clarification to Condition No. 1 "The use may not be altered or expanded in any way without first securing an amendment to the special use permit ". Mr. Warren explained that adding a second chair and/or employee which would add to the service provided would require further review and approval by the City. The addition to the home that might include a space for the beauty shop would only require a building permit not an amendment to the Special Use Permit. PUBLIC HEARING — APPLICATION NO. 2002 -011 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 2002 -011, at 9:07 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Kimtrang Kimberly Nguyen introduced herself to the Commission and thanked then for their consideration. Commissioner Whitehead asked if a special use permit is issued to a person or the property. Mr. Warren explained that the special use permit goes with the land and only one person would be allowed to operate the business under the approval being requested. Commissioner Reem requested that the applicant explain the State's licensing requirements. Ms. Nguyen replied that they require a sink, proper ventilation and proper means of exiting. She added that she would be doing some minor modifications to the home to create an area where the customers can enter the home and go directly to the salon without gaining access to other areas of the home. Mr. Warren added that building permits would be required for any alterations to the home. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2002 -011, at 9:18 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. 2002 -011 — KIMTRANG KIMBERLY NGUYEN 7 -25 -02 Page 6 There was a motion by Commissioner Reem, seconded by Commissioner Newman to recommend to the City Council that it approve Application No. 2002 -011, submitted by Kimtrang Kimberly Nguyen for a special use permit to operate a home beauty shop at 3312 O'Henry Road subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing n amendment to this special permit. cial use g p p 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 8:30 a.m. to 7:30 p.m. Monday through Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property. 6. A current copy of the applicant's state license shall be submitted to the City prior to the issuance of the special use permit related to this application. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 12, 2002 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 asked the Commission members to consider moving the August 29, 2002 meeting to Wednesday, August 28, 2002, when there will be a public hearing for review of the Critical Area Plan. There was a consensus among the Commission members that this change would be acceptable. Mr. Warren added that on the August 15, 2002, agenda will be a PUD amendment for SuperAmerica at 69th & Brooklyn Boulevard and also a preliminary plat and site and building plan approval for Douglas Metals at 49th & France Avenue. Commissioner Newman inquired about the two signs along Brooklyn Boulevard for the Brookdale Dodge dealership. Mr. Warren replied that they are allowed two freestanding signs. 7 -25 -02 Page 7 Commissioner Newman asked for more information regarding a reference to an ordinance amendment in the City Council minutes. Mr. Warren explained that the changes were to requirements for setbacks and permits for seasonal pools. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:25 p.m. Chair Recorded and transcribed by: Rebecca Crass 7 -25 -02 Page 8