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HomeMy WebLinkAbout1995 03-16 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 MARCH 16, 1995 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Willson at 7:31 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Graydon Boeck, Mark Holmes, Robert Mickelson, and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Barb Collman. Commissioners Diane Reem and Donald Booth were excused from this evening's meeting. APPROVAL OF MINUTES - MARCH 2. 1995 Commissioner Mickelson noted the minutes should reflect he was excused from the March 2, 1995, meeting. There was a motion by Commissioner Sander and seconded by Commissioner Holmes to approve the minutes of the March 2, 1995, Planning Commission meeting as presented and amended. The motion passed unanimously. Commissioner Mickelson abstained. 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. 95003 (BROOKDALE OFFICE PARK PARTNERSHIP) Chairperson Willson introduced the first item of business, a request from Brookdale Office Park Partnership for a Special Use Permit amendment to allow an expansion of the Cardinal Stritch College operation located in the Brooklyn Crossing Office Building, 3300 County Road 10. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95003, attached). He also provided the floor plan of the building. 3-16-95 1 The Secretary noted one phone call was received in regard to the application. Following Staff's clarification of the amendment, the caller had no further concern. The Secretary noted conditions recommended by Staff in connection with approval of the application. He indicated a representative of Brookdale Office Park Partnership was present to answer question from the Commission. Commissioner Holmes asked whether there is dual use of the space, i.e. another tenant during the daytime hours. The Secretary responded there is no other occupant of the rooms. Commissioner Holmes inquired whether the described space in the building has been available for a long period of time. The Secretary was unsure of the time it had been open. Commissioner Sander asked whether there had been any compatibility problems with other tenants of the building. The Secretary said he was not aware of any problems. He also noted no change to the physical building is required for this use. Commissioner Sander asked whether the timing of classes differs from the times the other offices are in use. The Secretary answered the timing does separate the use of the building as a condition of the original application. Potential parking problems are alleviated due to this plan. Commissioner Boeck referred to Condition No. 3 of the Staff-recommended conditions. He asked what hours the college is allowed to use the property on weekends. The Secretary said there is no limit to the number of hours the college may use the building on weekends. Commissioner Boeck suggested the wording of Condition No. 3 be changed from "...acknowledged by..." to "...included as part of...." The Commission agreed by consensus to change the wording as indicated. Commissioner Boeck asked whether the original application was approved with more conditions than are proposed for the amendment. The Secretary explained the original application carried the same basic conditions, with the only exception being the figure of square footage of the space. Commissioner Holmes expressed concern the limits of parking spaces and stairway requirements might be pushed in the future. The Secretary stated the parking situation would be acceptable even if there were classes during the day. Fire escapes could be a problem if the space is expanded. It may be necessary then to widen the stairways on the fourth floor because of the educational use. An option would be for the college to move to the ground floor. A review of the situation would be necessary. Chairperson Willson asked whether the Commission should address the issue of parking before it becomes a problem. The Secretary indicated the City has been monitoring the parking 3-16-95 2 situation at Metro State, the University in the Brookdale Corporate Center, and has not noticed a problem. PUBLIC HEARING (APPLICATION NO. 95003) Chairperson Willson asked for a motion to open the public hearing on the request for a Special Use Permit amendment submitted by Brookdale Office Park Partnership to allow an expansion of the Cardinal Stricth College operation located in the Brooklyn Center Office Building, 3300 County Road 10 at 7:52 p.m. There was a motion by Commissioner Holmes and seconded by Commissioner Sander to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Bruce Carland, property manager of CSM Corporation, answered two questions posed earlier by the Commissioners. He noted the space which is to be occupied by the college has been vacant for two years. He noted there has never been any problem with Cardinal Stricth College as a tenant. Commissioner Holmes asked whether classes are offered during the day. Mr. Carland noted classes are not offered during the day as the students are generally working adults. Commissioner Sander asked whether the remainder of the floor is vacant. Mr. Carland said only one small area is open on the floor. Commissioner Boeck asked the building's occupancy rate. Mr. Carland said the rate is currently 85 percent. If this application is approved, the rate will be 90 percent. Commissioner Boeck asked whether adding 30 students would put the normal occupancy over the density for which the building was designed. Commissioner Willson answered it would only be the case during the days when the building was fully populated. Mr. Carland said he did not believe the addition of 30 students would put the building over its density limits. The Secretary noted the building official makes no distinction between night and day in the use of the building, but instead only considers the maximum load. The proposed change should not overtax the building. Commissioner Boeck commented the proposed use of the building is a good use for the building. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING Chairperson Willson closed the public hearing at 8:55 p.m. 3-16-95 3 Commissioner Holmes asked who checks the building for inadequacies such as only one bathroom. The Secretary noted the City building official monitors this. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95003 (BROOKDALE OFFICE PARK PARTNERSHIP) There was a motion by Commissioner Boeck and seconded by Commissioner Mickelson to recommend approval of Application No. 95003 submitted by Brookdale Office Park Partnership for a Special Use Permit amendment to allow an expansion of the Cardinal Stritch College operation located in the Brooklyn Center Office Building, 3300 County Road 10, subject to the following conditions: 1. The amended Special Use Permit is issued to the applicant on behalf of Cardinal Stritch College to operate an expanded night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall be allowed to occupy 4,300 square feet of rentable space on the fourth floor as indicated in the applicant's submittal. Any further alteration or expansion of the school use within the office building, shall require an amendment to this Special Use Permit. 2. The applicant shall receive a sewer availability charge determination from the MWCC and final approval from the Building Official with respect to exiting and occupancy prior to the issuance of a building permit for this expansion. 3. Classes shall be held between 6:00 p.m. and 10:00 p.m. weekdays and on weekends. No weekday day time classes are included as part of the approval of this amended Special Use Permit. 4. The amended Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation thereof shall be grounds for revocation. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Mickelson, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the March 27, 1995, 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. 95004 (VENSTAR CORPORATION) Chairperson Willson introduced the second item of business, a request from VenStar Corporation requesting site and building plan approval for a 60,090 square foot building for General Litho Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95004, attached). 3-16-95 4 The Secretary also displayed the plans for the proposed building. Chairperson Willson asked whether changing from 153 parking spaces to 20 spaces will affect the other buildings. The Secretary said the spaces will be re-allocated. He also noted there has been some illegal parking in an unimproved area of the property. The City was prepared to give a one year notice to put in a hard lot and the problem subsequently ended. The number of parking spaces allotted is alright although they may not all be convenient. At present, the Shingle Creek Land Company owns the parking area, but they will probably attempt to sell it. Regarding utilities, Commissioner Sander asked whether the green strip area is required by the City. The Secretary said the green strip is not a necessity but without it the parking wouldn't be delineated from the neighbor's parking. The Secretary noted he had met today with the applicant and they had discussed the proposed exterior finishing of the building. Concerning whether the exterior would be in keeping with other buildings in the area, the applicant's position is the proposed building is more of an industrial building than the others, which are commercial use. The Secretary agreed with the applicant that the building as proposed would equal the appearance of the MTC building. In addition, two offices buildings across the street have exposed aggregate finishes. The Secretary, after evaluating the situation and reviewing information offered by the applicant, stated he was satisfied with the proposed exterior finish. The Secretary also pointed out the location of the trash receptacles, which is new information not included in the report. City Staff recommends approval of the application subject to 16 conditions. No public hearing is required. A representative of VenStar Corporation was present at the meeting. Commissioner Boeck indicated he liked the use of the property. He questioned some utility issues, i.e. a 72-inch pipe. A discussion followed. He also noted the approval of this land use would end the City's opportunity to improve the detention. He questioned how to require the developer to provide a clean-up regarding Shingle Creek. The Secretary agreed and noted the developer is aware of the situation. The current plan is sufficient for the present time. In the case of a later expansion, those requirements will have to be addressed. It will be necessary to deal with wetland mitigation, filling, and holding ponds. If all issues were addressed at this time, construction would be delayed and they would not be able to have occupancy by fall as desired. Therefore, the plans were split up and the possible 20,000 square foot expansion will have to be reviewed later. Commissioner Boeck asked whether the City inspects for final approval before occupancy of the new building. The Secretary said there is a certificate of occupancy issued. In fact, the conditions to the application must be met before a building permit can be issued. 3-16-95 5 Dave Ericksmoen, a representative of the contractor, noted a civil engineer has considered all of the questions raised regarding utilities. He provided another plan. He said one portion of the wetland will need to be filled. He noted the site was difficult to develop. The owner needs assurance he will ultimately be allowed to have 80,000 feet of building. The Corps of Engineers will not be approving the project until July, so there are time constraints. The issue of the ditch has been addressed and reviewed with the City Engineer. Commissioner Boeck commented there should be an effort made to be sure General Litho does not believe there is definite permission for expansion. He asked whether there will be open- ditch drainage. The Secretary said there will be. A lengthy discussion of drainage followed. Commissioner Boeck asked how far the water would drain. Mr. Ericksmoen noted the City Engineer had certified the plan. Chairperson Willson noted this issue applies to the future and that discussion should be held at the appropriate time. Mr. Ericksmoen commented the owner has every intention of complying with all requirements. Commissioner Holmes asked whether General Litho is a new business. Mr. Ericksmoen said General Litho is an established business which has leased space at 6860 Shingle Creek Parkway in Brooklyn Center. It is a successful business which needs more room and wants to own, rather than lease, a building. Chairperson Willson asked whether the company anticipates having any byproduct waste and whether it has a plan for dealing with it. Mr. Ericksmoen said he was not aware of any such issue and that it may be considered in the building permit. Mr. Ericksmoen added he did not believe the company's current lease carries any special applications due to such an issue. Commissioner Boeck asked whether there are concerns for the Fire Chief. The Secretary said he is not aware of any concerns. General Litho has had to comply with codes in the leased building. There is no surprise element with an existing business. Commissioner Boeck asked whether there were reasons other than economic which led to the choice of building exteriors. He wondered if this type of exterior allowed the building to be completed more quickly. Mr. Ericksmoen stated the owner preferred the material as it is durable and high quality. He produced photographs of buildings with similar finishes. Commissioner Holmes asked what the City's concern had been with the exterior. The Secretary noted most buildings in the area are of brick construction and the City would like the new building to fit in. There was further discussion concerning aggregate finishes. Commissioner Boeck commented the darker color of aggregate might match the brick buildings better. Mr. Ericksmoen stated the owner could choose the darker finish. He reiterated the 3-16-95 6 surrounding brick buildings are office buildings, whereas the proposed building is only 20 percent office space. Commissioner Sander asked whether the aggregate finish results in less maintenance. Mr. Ericksmoen said it does. In addition, the use of a brick exterior would double the cost and is not a viable option. Commissioner Sander noted a building this size would look better with the aggregate than with an all brick finish. Commissioner Holmes expressed concern over the success of the area as a whole and over the mix of industrial and commercial concerns. Although the area is zoned industrial, he is afraid this building might "stick out." Mr. Ericksmoen noted the proposed building will be owned by an employer who employs 70 persons. It is a current Brooklyn Center business. There was a discussion concerning access to trucks. Chairperson Willson asked whether the business will operate three shifts around the clock. Mr. Ericksmoen indicated he knows there are two shifts, but is unsure if there are three. In regard to Condition No. 15, Chairperson Willson suggested a change in wording from "...shall be granted..." to "...will be required...," as the wording is premature. There was a consensus of opinion to change the wording as suggested. Mr. Ericksmoen indicated the contractor is comfortable with the conditions. Regarding Condition No. 10, Commissioner Boeck asked which permits were referenced. The Secretary said the condition refers to building permits. Other approvals must be presented in order to obtain the building permit. There was a consensus of opinion to add the word "building" in all applicable references in the conditions. Conditions Nos. 1, 2, 3, 10, 12, 13, 14, 15 are affected. Regarding Condition No. 12, Commissioner Boeck requested the addition of the words "to the City." The Secretary noted it is not necessary as it refers to the same plan. There was a motion by Commissioner Mickelson and seconded by Commissioner Sander to call the question. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95004 (VENSTAR CORPORATION) There was a motion by Commissioner Mickelson and seconded by Commissioner Boeck to recommend approval of Application No. 95004 submitted by VenStar Corporation for site and 3-16-95 7 building plan approval for a 60,090 square foot building for General Litho Services, Inc. to be located west of Parkway Circle, north of the Holiday Inn, 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 building permits. 2. Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to the issuance of building permits. 3. A Performance Agreement and supporting Financial Guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 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. S. 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 property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of building permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits. 13. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document(s) shall be executed and filed with Hennepin County prior to the issuance of building permits. 3-16-95 8 12. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits. 13. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document(s) shall be executed and filed with Hennepin County prior to the issuance of building permits. 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off- site accessory parking for the sole use of the adjoining property. Said declaration shall be filed with the title to the properties prior to the issuance of building permits. 15. An amended Special Use Permit for off-site accessory parking on Parkway Circle, the central parking lot and adjoining areas relieving the subject property of its 153 parking stall dedication will be required to be granted and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of building permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. Voting in favor: Chairperson Willson, Commissioners Boeck, Holmes, Mickelson, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the March 27, 1995, 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. The Secretary also noted the applicant is aware that any future modification must be brought to the Planning Commission. Commissioner Sander commented it is a compliment to the City that a business owner desires to stay in Brooklyn Center. Mr. Ericksmoen noted the purchase of the property is not yet complete as there are contingencies both ways. Commissioner Sander offered best wishes on the project. OTHER BUSINESS The Secretary mentioned copies of the studies on adult uses will be provided. The language "property line to property line" will be changed in the ordinance. The moratorium is in 3-16-95 9 effect for one year. The issue will come back to the Planning Commission for further consideration. Commissioner Holmes asked whether the Planning Commission is consulted on street improvements. The Secretary said there are many components to street improvement projects but generally street improvement projects are not reviewed by the Commission. Chairperson Willson inquired the subject matter of the March 31, 1995, study session. The Secretary said the studies on adult uses might be brought. The church issue might also be brought. Chairperson Willson noted the next meeting will be the last for Commissioner Sander. Commissioner Mickelson thanked Commissioner Sander for her time and effort on behalf of the City. ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Sander to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:28 p.m. Chairperson Recorded and transcribed by Barb Collman Timesaver Off Site Secretarial 3-16-95 10