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HomeMy WebLinkAbout1998 02-11 PCM i Amended 3 -17 -98 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 MEETING FEBRUARY 11, 1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:31 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Edward Nelson, Rex Newman, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Lori Tierney. Dianne Reem was excused. Graydon Boeck was unexcused. ADMINISTER OATH OF OFFICE: ED NELSON Mr. Warren administered the oath of office to Ed Nelson who was appointed to the Planning Commission for a two -year term expiring on December 31, 1999. APPROVAL OF MINUTES - JANUARY 14, 1998 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the January 14, 1998 meeting as submitted. Voting in favor: Chair Willson, Commissioners Newman and Erdmann. Abstaining: Commissioners Walker and Nelson. The motion passed. 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. 98002 (WILLIAM N. DUDLE)I Chair Willson introduced Application No. 98002, a request submitted by William N. Dudley for a preliminary plat to recombine into a single lot two parcels of land addressed as 4900 and 4902 France Avenue North. The application was filed on January 21, 1998 and City Council action should be taken by March 22, 1998 (60 days). 2 -11 -98 Page 1 APPLICATION NO. 98003 (WILLIAM N. DUDLEY.) Chair Willson introduced Application No. 98003, a request submitted by William N. Dudley for a site and building plan approval to build a one - story building with a full basement in which instruction and training in pet grooming will be provided. The property in question is the site of a current auto repair -truck rental use and the Brooklyn Pet Hospital at 4900 and 4902 France Avenue North. The application was filed on January 21, 1998 and City Council action should be taken by March 22, 1998 (60 days). Mr. Warren presented the staff reports and used overhead transparencies to show the location of the property and to describe the proposed preliminary plat application and the site and building plan application as submitted by the applicant. (See attached Planning Commission Information Sheets dated 2 -11 -98 for Application No. 98002 and Application No. 98003.) Chair Willson called for questions on the applications from the Commissioners. Commissioner Walker expressed concern about signs for the new facility. Mr. Warren stated that the facility is allowed one freestanding sign and no more than 15% of a building wall to be occupied by signs. Commissioner Erdman asked for a clarification of the parking situation. Mr. Warren stated that the area for 34 parking spaces has to be available for construction only if the City sees the need arise for those extra spaces. Commissioner Erdman asked if the applicant would need to license the above apartment which is presently used for a 24 -hour caretaker of the animals. Mr. Warren stated that this has not been enforced before and has managed to "fall between the cracks." In other words, it should have been licensed in the past and will now have to be licensed for the future. Commissioner Newman questioned if the owner of the building lives on the premises, then would there be a need for a license. Mr. Warren stated that there would not be a need for a license in the case where the owner could homestead the property and live there as well. PUBLIC HEARING (APPLICATION NO. 98002 - WILLIAM N. DUDLEYI There was a motion by Commissioner Erdmann, seconded by Commissioner Nelson, to open the public hearing on Application No. 98002 at 8:18 p.m. The motion passed unanimously. Chair Willson opened the public hearing by asking William N. Dudley to step up to the podium. Mr. Dudley, applicant, briefly recapped his intentions for the two lots as stated in the Planning Commission's Information Sheet. Chair Willson addressed three issues to Mr. Dudley: 1) The possibility of a future tunnel to connect the two buildings. Mr. Dudley stated he would like to do this eventually, but it is not in the plans right now. 2) Color of the building. Mr. Dudley stated that a color has not been chosen at present, 2 -11 -98 Page 2 but assured the Commission that it would be a neutral color to coincide with surrounding buildings. 3) Trash enclosure. Mr. Dudley stated that the trash disposal facilities will be screened to blend in with surroundings. Commissioner Nelson and Newman expressed concern about proper drainage as there will be an addition of wash racks for the animals. Mr. Dudley stated that his engineer has installed the proper drainage facilities in the blueprints. Mr. Warren asked who supplies the pets for the grooming school. Mr. Dudley said that the school is responsible for providing the animals. These animals do not spend the night. The public brings their pets in to be groomed by students for a reduced rate. Commissioner Nelson questioned how long the classes run. Mr. Dudley said the training is a 600 hour course. Commissioner Walker asked Mr. Dudley if he is willing to limit his pet food sales. Mr. Dudley stated that he does not sell anything you can buy at retail stores. He only sells specialized foods, therefore, limiting sales. Commissioner Erdmann was concerned about fecal sanitation. Mr. Dudley assured him that this would be taken care of in an appropriate manner. Commissioner Walker requestioned the lighting issue. Mr. Dudley stated that no lights would leak out onto other property, France Avenue, or Highway 100. Commissioner Newman readdressed the siding issue. Mr. Dudley said he would be taking bids on both stucco and vinyl siding. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98002. CLOSE PUBLIC HEARING (APPLICATION NO. 980021 There was a motion by Commissioner Walker, seconded by Commissioner Nelson, to close the public hearing at 8:25 p.m. The motion passed unanimously. The Secretary noted that because this application represented a recombining of parcels to a pre- existing platted lot, not all of the final platting process may be required. The applicant may only have to file the request provided the combination has been approved by the City. He said he would review the matter with the City Attorney and advise the City Council at the time this application is considered. In the meantime, however, the Commission should proceed as though it was making a recommendation on a preliminary plat. 2 -11 -98 Page 3 Chair Willson called for further questions from the Commissioners. The Commissioners did not interpose objections to the preliminary plat requested under Application No. 98002, submitted by William N. Dudley, subject to certain conditions and the Secretary's comments. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98002 - WILLIAM N. DUDLEY There was a motion by Commissioner Newman, seconded by Commissioner Walker, to recommend to the Council that it approve Application No. 98002, a request for a preliminary plat to recombine into a single lot two parcels of land addressed as 4900 and 4902 France Avenue North, subject to the following conditions upon review by the City Attorney: and approval b the City Engineer. 1. The final plat is subject to review y g p J pp Y 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The final plat shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for construction of the building comprehended under Planning Commission Application No. 98003. Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, February 23, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. Chair Willson called for further questions from the Commissioners. The Commissioners did not interpose objections to the site and building plan approval requested under Application No. 98003, submitted by William N. Dudley. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 98003 - WILLIAM N. DUDLEY There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98003, a request for a site and building plan approval to build a one -story building with a full basement in which instruction and training in pet grooming will be provided, on property at 4900 and 4902 France Avenue North, subject to the following conditions: 1. 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 2 -11 -98 Page 4 3. A site performance agreement and supporting financial guarantee in the amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view utilizing materials that will match surrounding buildings. 5. The new 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 parking and driving 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. The final plat comprehended under Planning Commission Application No. 98002 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for the construction of the building comprehended under this applications. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City's Engineering Department. 12. Approval of the application acknowledges pet grooming instruction and pet training as permitted uses in the I -2 zoning district subject to the city's licensing requirements as a "commercial kennel." The applicant shall be required to obtain such a license for the new building. 13. Approval of this application acknowledges the continued use of a portion of the pet hospital as a dwelling unit to provide 24 -hour monitoring of animals kept there. The owner is required to apply for an obtain a rental dwelling license for this apartment unit, or cease the residential occupancy of this unit. 14. Approval of this application acknowledges the incidental sale of prescription pet food and supplies at the pet grooming instruction and training center. 2 -11 -98 Page 5 15. Approval of this application acknowledges a parking requirement of 34 on -site parking spaces for the two buildings comprehended under this plan. Twenty -one parking spaces are required for the pet grooming instruction and training center and 13 parking spaces for the pet hospital. 16. Approval of this plan acknowledges a proof of parking for five additional parking spaces easterly of the proposed parking lot. These parking spaces shall be added only upon a determination that additional spaces are needed and the applicant is given written notice to provide them. Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, February 23, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. DISCUSSION ITEM: a. Uses Abutting Open Space Zone Mr. Warren presented City Council's request for Planning Commission input on uses abutting open spaces in Brooklyn Center and used an overhead transparency map of the City. Mr. Warren mentioned five areas that the open spaces are used for at present: 1) water, 2) watershed, 3) water conservation uses, 4) holding areas for water system, and 5) provides a buffer between business and residential, etc. He said there are places within the City designated for this already, like areas along the east side of Twin Lake, and parts on either side on Shingle Creek Parkway. Mr. Warren stated that at present, there really is no conflict on what this land is being used for. Further, Mr. Warren stated he will report back to the City Council when the Commission forms an opinion on the matter. The question that needs to be addressed is whether or not there are certain types of uses which should not abut the open space designation. Chair Willson felt that there are laws to tell us what to do with these open spaces if the need arises. He did not believe that the City needed to prevent certain uses from abutting open spaces. Commissioner Erdmann stated he felt the existing open space isn't going anywhere and is already being used, such as water and wetlands. He doesn't feel there is a conflict. Commissioner Erdmann noted that this is not a pressing issue at this time and, when a conclusion is made by the Planning Commission, it needs to be a short answer. Commissioner Nelson stated the City might be creating a problem by changing the usage of this area when, at present, there does not appear to be a problem. 2 -11 -98 Page 6 Commissioner Walker stated the open space should be left alone as most of it is either recreational or a buffer. But as a buffer, it does not seem to be necessary to be restrictive with the uses that abut open space. Commissioner Newman agreed everything is all right as is. OTHER BUSINESS The Commission did not have any further business. ADJOURNMENT There was a motion by Commissioner Erdmann, seconded by Commissioner Walker, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:09 p.m. r Chair Recorded and transcribed by: Lori Tierney TimeSaver Off Site Secretarial, Inc. 2 -11 -98 Page 7