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HomeMy WebLinkAbout1994 04-28 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 APRIL 28, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:40 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Debra Hilstrom, Mark Holmes, and Robert Mickelson, Dianne Reem. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Kathy Stratton. Commissioner Ella Sander was unable to attend. APPROVAL OF MINUTES - APRIL 14, 1994 Commissioner Mickelson pointed out his name and Commissioner Booth's name had been switched in the minutes and the Secretary took note of the necessary changes. There was a motion by Commissioner Booth and seconded by Commissioner Mickelson to approve the minutes of the April 14, 1994, Planning Commission meeting with changes as noted. The motion passed unanimously. DISCUSSION ITEM FREEDOM OF SPEECH/OPINION SIGNS Chairperson Willson introduced the first item of business, a discussion of Freedom of Speech/Opinion Signs. The Secretary passed out a draft ordinance regarding this sign ordinance issue for the purpose of discussion. He explained anything underlined was an addition to the ordinance that already exists and anything in brackets he is recommending for removal from the ordinance. He explained his discussion with the City Attorney regarding requiring identification on the signs of the person putting up the sign. He said the City Attorney discouraged this as unnecessary and may be an unreasonable requirement. The Secretary said they had discussed the concern of the Commission that someone could put up a sign in someone else's yard without the property owner knowing who was responsible. The City Attorney didn't seem to think that would be a big problem as the property owner could remove it upon discovery. 4-28-94 1 The Secretary also stated the City Attorney did not think it is a good idea to pursue a time limit on the signs because it seemed unreasonable and would be an administrative problem to monitor. He said the City Attorney thought regulating the signs with stipulations regarding maintenance was a more fair approach. The Secretary said having a limit on how long a sign can be up would require permits for signs which would take more time and administration than the benefit would merit. The Secretary continued the City Attorney believed limiting the number of signs to one per property would not be a problem, not even with multiple dwelling situations. He stated there could be one opinion sign per complex, and the complex owner is the one with the right to display a sign, not each tenant. He said in a town home situation each owner would be allowed to place a sign with the consent of the association, and there could also be one sign in a common area for the complex. The Secretary said the language for opinion signs in commercial areas was taken from New Brighton and allowed the conversion of any existing sign to an opinion, but would not allow any additional signs. He said he did not anticipate any problems in the commercial area regarding these types of signs. The Secretary read through the draft ordinance and explained it amends chapter 34 by adding two new definitions and changing the title of political signs to campaign signs. He added these expression signs would not be regulated during a State general election year, not even the size or number, from August 1 to 10 days after the election. He asked the Commission for discussion and recommendations. Commissioner Holmes asked how the Commission had come up with 6 feet for a size and the Secretary stated that this is the same as the maximum size allowable for real estate signs. Commissioner Mickelson asked what Section 34-130 currently contains and the Secretary explained it currently details prohibited signs. The Secretary then pointed out a slight error in the ordinance that needed correction by adding subdivision number 2 relating to permitted signs not requiring a permit. There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to table this to give the Commission more time to look over the ordinance. The motion passed unanimously. Commissioner Hilstrom said she would like to see the changes to the Ordinance before making a final recommendation, and the Secretary replied he could make the corrections and circulate the new version before the next Planning Commission meeting. Commissioner Booth reminded the Secretary the Commission had requested copies of both the original and amended versions of the New Brighton Ordinance. 4-28-94 2 The Secretary apologized for neglecting to put that into the packet for this evening and said he would get it for the next meeting. In response to a question by Commissioner Holmes, the Secretary said the City is now in a position where signs are appearing in the community that are technically prohibited because they are not expressly allowed. He added to cite someone because of such a sign it would, in all likelihood, be thrown out based on constitutional challenges. He said the main objective is to make the ordinance current given these facts. Commissioner Mickelson commented some signs could have content regarding campaign issues and could be disguised by taking the form of opinion signs. The Secretary responded an opinion is always an opinion, whether it is a campaign issue or not. CHAIRPERSON'S EXPLANATION Chairperson Willson explained the Planning Commission is 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. 94003 (EVANGELICAL LUTHERAN CHURCH OF THE MASTER Chairperson Willson introduced the first item of business, a request from Evangelical Lutheran Church of the Master for preliminary plat approval to combine the church property located at 1200 69th Avenue North and a single family residential property at 1120 69th Avenue North into a single parcel. The Secretary presented the staff report and used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94003, attached). Commissioner Willson asked if the church's intent is to have enough parking for eventual expansion, and the Secretary stated there is no church expansion planned at this time but the parking exceeds current requirements. He added expansion could happen in the future. The Secretary continued churches have a difficult situation because normal use doesn't require the size of parking lot that special services like Christmas or Easter would require, and in some cases, provided parking is not necessarily convenient. Commissioner Mickelson asked where the handicap spots would be and Commissioner Willson asked for clarification on where the entrances would be. 4-28-94 3 Commissioner Mickelson asked what would happen if the church does not complete the curb and gutter improvements within the recommended three years. The Secretary explained the City could foreclose on the bond and then contract to have the work completed. Commissioner Mickelson suggested the wording of the condition might be better if it said "up to but not to exceed 3 years." The Secretary said the completion date is stated and the financial guarantee is in effect until released by the City Council and in the meantime the church would pay a bond premium or post cash until the project is completed. These are generally incentives enough to complete the work. Commissioner Willson asked when the revised parking plan would be available and suggested possibly the applicant should be required to provide that before this moves on. The Secretary said the current plan is seven feet short of what is required but by simply adjusting the angle of the spaces or removing a row the plan would be adequate, so he did not feel the application should be held up because of that. Commissioner Booth commented if the church is going to acquire adjacent property for some purpose maybe curb and gutter would not be needed. The Secretary said if the church does anything with the adjoining property this plan would have to be modified, but without a financial guarantee there is no incentive to complete the work on curb and gutter improvements. Commissioner Booth said he was not suggesting the church go without a financial guarantee, but because of future projects other possibilities should be allowed for. Commissioner Reem asked if there were to be lights in the lot and whether the neighbors had expressed concerns. The Secretary said there had not been talk of lighting in the plans and stated the only notification required was in the newspaper. Commissioner Holmes asked what type of lighting would be allowed if it were installed and the Secretary explained if they were on standards they would be shielded and shine down, but lights are not required by ordinance, but may be something the church will wish to consider for security purposes. Commissioner Holmes asked what kind of financial guarantee was required and the Secretary said generally a bond is posted. He continued improvements would be more expensive 3-4 years from now so he suggested they may want to consider doing the improvements now if at all possible. 4-28-94 4 PUBLIC HEARING (APPLICATION NO. 94003) Chairperson Willson asked for a motion to open the public hearing on the request from Evangelical Lutheran Church of the Master for preliminary plat approval to combine the church property located at 1200 69th Avenue North and a single family residential property at 1120 69th Avenue North into a single parcel at 8:50 p.m. There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Churchmembers Evan Green and Neil Johnson were present to answer any questions. Mr. Green explained there are some mid-week services in the summertime as well as evening activities like Scouts, etc. He said the only reason for the improvement is not convenient enough parking and said no lighting had been considered yet with the building committee but he thought it would be nice to have for security. He added whatever lighting would be installed they would conform to the City's ordinances. Chairperson Willson said he is uncomfortable with the two issues of the parking plans and the lighting, and therefore asked Mr. Green if the church would be agreeable to coming back with revised plans for the parking and lighting prior to approval of the application. Mr. Green said he hoped the City Council would be able to take up the application on May 9th and the church wants completion before the fall, so he would be concerned to delay the matter at all. He said the church is certainly amenable to working with the City Engineer and with Ron Warren to amend the parking plan so that it meets the ordinance and they could get right to work on the lighting as well but he would hate to delay the application even two weeks. Chairperson Willson stated this is actually an incomplete application. Commissioner Reem said parking lot improvement situations don't even usually come before the Commission and because there are already lighting ordinances on the books that must be complied with, as long as staff is comfortable with working with the church she could see no problem with going ahead with the application. Commissioner Willson said he is concerned with setting a precedent for approving incomplete applications. Commissioner Hilstrom suggested adding conditions 6 and 7 regarding lighting and parking. 4-28-94 5 Mr. Green said the church may not even put lights in right away but he assured the Commission they would comply with any ordinances. He said they would likely put the parking lot in now and then come back later and put the lights in if needed. Commissioner Reem said it would be more efficient with electrical work to have it underground and do it at the same time as the parking lot. The Secretary said he has no problem with the application and does not think it would create an inappropriate precedent to recommend it without having the changes presented to the Commission. He added the plan could go ahead as it is without any problems. He said Condition #4 covers the parking lot issue and Condition #6 could be added stating the lighting will comply with Section 35-712 of the Ordinance. There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to make changes to #4 and #6 of the Conditions as recommended. The motion passed unanimously. Mr. Green said he would go before the church building committee and explain it would be better to put curb and gutter in originally instead of putting in bituminous curbs and then tearing them out in three years. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Mickelson to close the public hearing at 9:07 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94003 (EVANGELICAL LUTHERAN CHURCH OF THE MASTER) There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to recommend approval of Application No. 94003 submitted by Evangelical Lutheran Church of the Master for preliminary plat approval to combine the church property located at 1200 69th Avenue North and a single family residential property at 1120 69th Avenue North into a single parcel 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. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined by the City Manager) to assure completion of all approved site improvements prior to the release of the final plat for filing with Hennepin County. 4-28-94 6 4. The applicant's parking lot plan shall comply in all respects to the Zoning Ordinance provisions prior to the release of the plat. The plan shall be modified to provide a 6' high wood opaque fence for screening purposes. 5. Concrete curb and gutter requirements may be deferred for up to 3 years where this property abuts with multiple residential property to the east. A bituminous formed curb may be utilized in this area during this interim period. The financial guarantee comprehended for these improvements shall not be released in its entirety until permanent curb and gutter improvements are installed. 6. The lighting plan shall comply with Section 35-712 of the City Ordinances. The motion passed unanimously. Chairperson Willson commented to the applicant he lives near the church and likes the bells. The Secretary noted that the application will be referred to the City Council for their May 9, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications, other than those recommended, are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. The Commission took a short break at 9:10 p.m. and the meeting reconvened at 9:15 p.m. APPLICATION NO. 94004 (PRUDENTIAL INSURANCE COMPANY OF AMERICAI Chairperson Willson introduced the next item of business, a request from Prudential Insurance Company of America for site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center. The Secretary presented the staff report,used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94004, attached). Commissioner Reem asked how the parking stipulations apply to a vacant building, and the Secretary said 5.5 spaces are required per square foot whether the building is empty or full. Commissioner Mickelson asked what dryvit is and the Secretary explained it is a type of treatment similar to stucco. He also asked whether the loading dock is for customers and found out it is not. Commissioner Mickelson asked to see the Marquette Partners letter their commitment to maintain the skimming devices and provide sufficient landscaping to meet the point system. 4-28-94 7 The Secretary explained some shrubs and trees have died from lack of maintenance since 1989 and he suggested a condition to acknowledge a revised landscaping plan. He said there is no public hearing required but asked if the representatives of the applicant wanted to address the Commission. Mr. John Johannson, Vice President of Retail with Welsh Companies came forward and introduced Lori Randall with Marquette Partners and Gary Tushie of Tushie, Montgomery Architects. He explained because the loan was defaulted on the ownership was up in the air for quite a while. He said Prudential Insurance Company of America has the resources to improve the property and use a professional approach in the management of the operation. Chairperson Willson said it is nice to see direct control of the property being taken. He asked what is in the works as far as tenants. Mr. Johannson gave no specifics regarding tenants because that takes time. Commissioner Mickelson said it is good to see this center getting tenants, and he added it has been questioned at every Planning Commission meeting what was coming up for the T. Wrights building. Commissioner Hilstrom asked when construction would begin and Gary Tushie said it would hopefully begin the 16th or 17th of June and run for eight weeks. Commissioner Reem asked when the parking lot will be upgraded and Lori Randall said that should occur in June. All agreed the parking lot is rough and needs repair. Commissioner Mickelson asked if six spots for handicapped parking is enough.The Secretary responded there are six in one area and several more in other areas. Gary Tushie explained the ADA requirements are for 6 handicap spots per 300 parking spots. There was discussion regarding the addition of a condition number 12 which will appear as follows: ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94004 (PRUDENTIAL INSURANCE COMPANY OF AMERICAI There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem to recommend approval of Application No. 94004 submitted by Prudential Insurance Company of America for site and building plan approval to construct a 5,195 square foot addition to the Brookdale Square Shopping Center 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. 4-28-94 8 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A new site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition 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. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit a new as-built survey of the property, improvements and utilities service lines prior to release of the performance guarantee. 9. The storm water drainage system is subject to at least and administrative review by the Shingle Creek Watershed Management Commission staff prior to the issuance of permits. 10. On-site traffic control signs shall be installed and maintained by the applicant. Said signs shall be constructed in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 11. The plans shall be modified to indicate a 6 ft. high screening and security fence to match the existing building to provide additional screening for the loading dock and trash compactor area. 12. The applicant shall provide landscaping consistent with the landscaping point system and with the approved 1989 landscaping plan. The financial guarantee shall not be released until the site is in compliance with said plan. The motion passed unanimously. The Secretary noted the application will be referred to the City Council for their May 9, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications, other than those recommended, are made to the plans prior to 4-28-94 9 City Council consideration, they must be brought back before the Planning Commission for review. OTHER BUSINESS The Secretary stated there is an application for special use permit pending for a laser tag operation which may appear on the May 12, 1994 agenda. There was discussion regarding the status of current building projects. ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Hilstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:16 p.m. hairperson Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 4-28-94 10