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HomeMy WebLinkAbout1994 06-16 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 JUNE 16, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:31 p.m. ROLL CALL Chairperson Tim Willson,Commissioners Donald Booth,Debra Hilstrom,Dianne Reem and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Ruth McLaurin. Commissioners Robert Mickelson and Mark Holmes had called to indicate they could not attend this evening's meeting and were therefore excused. APPROVAL OF MINUTES - MAY 12, 1994 There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem to approve the minutes of the May 12, 1994, Planning Commission meeting as submitted. The motion passed unanimously. 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. 94006 (WENDY'S INTERNATIONAL) Chairperson Willson introduced the first item of business, a request from Wendy's International requesting preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94006, attached). After the Secretary presented the staff report, the Commissioners had a few questions. Commissioner Hilstrom questioned who is responsible for the private road adjacent to the 6-16-94 1 property. The Secretary responded that the abutting property owners were responsible. The Secretary also added that the City will review the condition of the road and approach the property owners if repairs are needed. Commissioner Booth asked if the proper traffic control signs will be included in the proposed plat approval. The Secretary explained that on-site traffic control signs were part of the original approval under Application No. 93009. Additional signs, if necessary, will be part of the performance agreement for this application. Commissioner Hilstrom showed concern that the current landscaping is overgrown, and asked would that be replaced or groomed. The Secretary stated the trees along Xerxes should be thinned and referred to the applicant to respond regarding the existing shrubbery between the two lots. Chairperson Willson brought up the question of lighting in the parking lot and the surrounding property. The Secretary stated that the applicant had made no comment on adding lights so he was not certain and again referred to the applicant to respond. Chairperson Willson called for the applicant to come forward. Darren Lazan architect for the projection came forward as representative for Wendy's. Mr. Lazan stated that the landscaping would be groomed and or replaced, the trees along Xerxes would be groomed to acceptable condition. Mr. Lazan assured the Commissioners that the lighting would replaced with appropriate lighting that would be the same as the lighting on the Wendy's site. Commissioner Hilstrom asked if this parking lot will be for employees also and if it would be well lit at night. Mr. Lazan responded that employees would also use customer lot and there was appropriate lighting to cover entire lot for security. The Commissioners had no further questions at this time. PUBLIC HEARING (APPLICATION NO. 94006) Chairperson Willson asked for a motion to open the public hearing on the request from Wendy's International requesting preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south at 7:53 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Ms. Marilyn Donberg inquired if the Car Wash was being remodeled. The Secretary stated yes there has been an application for building permit to complete some remodeling work. 6-16-94 2 Ms. Donberg stated that the poor road conditions in that area are mostly due to the water from the Car Wash during the winter freezing and then melting. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem to close the public hearing at 7:56 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94006 WENDY'S INTERNATIONAL) There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to recommend approval of Application No. 94006 submitted by Wendy's International for preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south 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 financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until the final plat has been approved by the City Council and filed with Hennepin County. 4. The financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until all landscaping and parking lot improvements comprehended under the expanded parking lot plan have been completed and are in compliance with the maintenance provisions of the executed performance agreement. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Reem, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the June 27, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION NO. 94007 (MARANATHA BAPTIST CARE CENTER) Chairperson Willson introduced the next item of business, a request from Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center. 6-16-94 3 The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94007, attached). The Secretary stated he had received two calls in response to the notices. One call was from Mrs. Eugene Meyer who owns the home at 6843 Toledo Avenue North (southwest corner of Toledo and 69th Avenues). The Meyer's are currently out of town and will not be able to attend the Planning Commission meeting due to other obligations. The Secretary reported Mrs. Meyer had asked him to convey her concerns to the Planning Commission and had left a telephone number in Fergus Falls where she can be reached. She said that she is opposed to the expansion of Maranatha because she does not believe the organization has been responsive in dealing with neighborhood concerns. Among other things, she is concerned about noise and other activities that she considers detrimental to her property. She cites the following: 1. Garbage is being collected at 5:30 a.m. and is disturbing. 2. Noise from employees dumping garbage in the trash containers late at night is also disturbing. 3. Noise from delivery trucks. 4. Noise from employees during shift change. 5. Littering problems since Maranatha has a no smoking on the property policy. 6. Water problems due to Maranatha building up their parking lot by the entrance. 7. Lack of maintenance on the screen fence between the residents property and Maranatha Care Center. The Secretary reported he also received a call from Ms. Sandy Christenson of 6803 Toledo who would not be able to attend the Planning Commission's meeting due to other obligations, stating a concern that the proposed trees which border her property would shade her garden and should be moved back from the fence. Commissioner Sander question the Secretary if the mature growth width of Spruce trees to be planted are taken into consideration. Commissioner Hilstrom showed concern if the staff would be increased with this expansion. The Secretary stated that at this time the applicant is not proposing to increase the bed count and would need City approval to do so since the parking lot would have to 6-16-94 4 accommodate this increase. He added that it is his understanding that the staff will also not increase due to this addition. Commissioner Booth asked for clarification of where the Meyer's property is located. The Secretary pointed the property out on the overhead projector. Commissioner Hilstrom raised the question,what kind of fence borders the Meyer's property and Maranatha Care Center. The Secretary was not sure but believes it to be chain link fence. Chairperson Willson requested that the applicant come forward. Mr. Jerry Mundt architect for Maranatha Care Center came forward to answer landscaping questions. The shrubs on the east were designed as screening. The trees will be 20 feet from center and will not be any closer than 8 feet from the property line. The remodeling will be affecting room sizes turning 2 bed rooms into 1 bed rooms so it will not be increasing beds. Mr. Mundt then referred questions to Ms. Eunice Ulshafer of the Administration of Maranatha Care Center. Ms. Ulshafer addressed each issue that Mrs. Meyer had voiced. The garbage vendor had already been approached about collecting at a later time and staff will be approached about late night dumping. Staff will also be approached about noise during shift change and behavior while smoking. The fence is already being repaired. Commissioner Reem questioned if the dumpster could be moved. Ms. Ulshafer stated it was not possible at this time noting the existing location near the maintenance part of the building. Commissioner Sander asked if accommodations could be made for smokers so they would not have to leave the property. Commissioner Reem questioned the responsibility of Maranatha for their employees and their behavior. Ms. Ulshafer stated she would approach the Board of Directors about accommodations for the smokers. Commissioner Reem also suggested that as a good neighbor, Maranatha should phone Mrs. Meyer to inform her of the meeting and what Maranatha is planning on doing to resolve the issues. The Secretary added that it was his understanding that Mrs. Meyer would not object to the expansion if the stated issues would be resolved. Ms. Ulshafer assured the Planning Commission that she would contact Mrs. Meyer. Chairperson Willson reiterated that the water issue needs to be investigated. The Secretary stated he would review and collaborate with the City Engineer to seek answers to this problem. Commissioner Hilstrom requested that the fence be kept in repair regularly. 6-16-94 5 PUBLIC HEARING (APPLICATION NO. 94007 Chairperson Willson asked for a motion to open the public hearing on the request from Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center at 8:40 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. There was no response to the open hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to close the public hearing at 8:41 p.m. The motion passed unanimously. Commissioner Sander questioned the Secretary if 8 feet would be enough room for the maturity of the Spruce trees. The Secretary stated with grooming the trees should stay within the boundary of the property. Commissioner Sander felt 9 or 10 feet would be more appropriate. Mr. Jerry Mundt then stated they would move the trees to 10 feet from the property line. Commissioner Hilstrom questioned if the shrubs near the dumpster were actually screening the dumpster. Mr. Mundt stated that the shrubs were quite thick. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94007 (MARANATHA BAPTIST CARE CENTER) There was a motion by Commissioner Sander and seconded by Commissioner Hilstrom to recommend approval of Application No. 94007 submitted by Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care 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. 2. A site performance agreement and supporting financial guarantee shall be submitted prior to the issuance of permits to assure completion of all approved site improvements. 3. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 6-16-94 6 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to the central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. A proof of parking agreement acknowledging the need to install up to 66 parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of the building permits for this project. 7. A special use permit is granted to the applicant for the expansion of a nursing care facility. Any expansion or alteration of this use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Reem, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the June 27, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. OTHER BUSINESS NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE Chairperson Willson reviewed the Northeast Transportation Corridor Task Force membership and summarized discussion from their recent meeting. There was some discussion among the Commissioners concerning 85th and Humboldt and access to Highway 252. Discussion also took place regarding 73rd Avenue and Willow Lane. ACCESSORY BUILDING ADDITION The Secretary brought forth an issue about a resident's request at 5601 Lyndale. The resident, who is an owner of a 4 plex and homesteads one unit, wishes to add one more garage stall to an existing 4 stall garage. The Secretary inquired about waving the site and building plan reviewal process and just require a homeowner to obtain a building permit with its regulations. The Secretary noted that it would be of no benefit to the City to require the resident to fulfill the site and building review requirements since it would be cost prohibited and a building permit would cover the City's concerns. The Commissioner's consensus was to not require a formal site and building plan review. 6-16-94 7 OPINION SIGN Further discussion was made about the recent U.S. Supreme Court decision which does not limit signs on residential property and the current litigation in New Brighton. BUILDING PERMIT EXPIRATION Commissioner Sander brought up a question about building permits and if a time frame exists before they expire. The Secretary stated that the resident has 180 days which can be extended provided work is being done. Commissioner Sander stated she would like to see a time frame. The Secretary reviewed issues relating to why some projects continue for an extended period of time (health problems, loss of job, inadequate funding, etc.). He felt there were too many circumstances that would prohibit limiting time, in addition to the fact that the 180 day period is part of the State Building Code, 63RD AVENUE GAS STATION Commissioner Reem questioned the Secretary about the gas station on 63rd Avenue and Brooklyn Boulevard. She noted someone selling strawberries in the parking lot and an auto repair operation has started. The Secretary stated administrative permits have been issued for selling various items and the owner is leasing space for the repair operation. ADJOURNMENT There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:20 p.m. Chairperson Recorded and transcribed by: Ruth McLaurin TimeSaver Off Site Secretarial 6-16-94 8