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HomeMy WebLinkAbout1995 05-25 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 STUDY SESSION MAY 25, 1995 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Willson at 7:33 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Dianne Reem and Graydon Boeck. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioners Robert Mickelson and Kathryn Palm were excused from the meeting. APPROVAL OF MINUTES - MAY 11 1995 There was a motion by Commissioner Boeck and seconded by Commissioner Booth to approve the minutes of the May 11, 1995, Planning Commission meeting as submitted. The motion passed. Commissioner Reem 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. Chairperson Willson excused himself at 7:36 p.m. and requested Commissioner Holmes proceed as Acting Chair Pro Tem. APPLICATION NO. 95007 Chair Pro Tem Holmes introduced the first item of business, a request from Cass Screw Machine Products, Co.for a Preliminary Registered Land Survey approval to combine Tracts C and D, RLS 952, (3615 and 3607 48th Avenue North respectively) into one lot. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95007, attached). 5-25-95 1 Commissioner Boeck inquired if outlots had been created and if so when. The Secretary noted through his research he believed the outlots were created to prevent access to the industrial lots from 47th Avenue which has residential property on its south side. This occurred in the late 1960's. APPLICATION NO. 95008 Chair Pro Tern Holmes explained the information for the next item will be presented by the Secretary since the applications are from the same applicant, the public hearing will proceed after the staff report. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95008, attached). The Secretary indicated proper notification of the public hearing for the preliminary registered land survey was published in the Sun Post. Commissioner Boeck noticed there is rip rap on two of the three curb and gutter sections, he asked if there could be a condition to have it also on the third section. The Secretary indicated it would be appropriate to add this as a condition, he also indicated the City Engineer has not yet reviewed and commented on this application. Commissioner Boeck inquired as to condition number 13, is this a notification of a future assessment. The Secretary noted that would be essentially true, but it is mainly to put the applicant on notice that in the future when improvements are made the applicant will be required to connect to city water and sewer. Commissioner Boeck also asked regarding condition number 13, if the condition could state: "...connected to city storm sewer concurrently with city improvements...". The Secretary explained the statement regarding one year, is based on a condition imposed on Omni Tool, which is located on the opposite side of 48th Avenue. The Secretary indicated this is a grace period given to the applicant, although it would be more appropriate to connect during the time of the improvements, this time frame gives the applicant an opportunity to prepare to connect. Commissioner Boeck felt giving the applicant one year might provide for addition requests for more time in the future. He indicated it should be done at the same time as the storm sewer improvements. Commissioner Booth inquired as to the City's jurisdiction regarding the property at 3625 and the requirement of B-612 curb and gutter. The Secretary explained the same party owns both locations, and the addition noted in the application was made without City approval and now this is an added condition by the City. He pointed out that some curb and gutter improvements have already been made to this property as well as to 3615 - 48th Avenue. 5-25-95 2 Commissioner Booth inquired if in condition number 13 the property 3625 could be added. j The Secretary believed there would be no concern with adding this to the condition, he noted the applicant has been very willing to work with the City and the drainage of this site and 3615 is combined. Commissioner Booth noted although it is very logical to connect to city storm sewer at the time of improvements, he did not believe the Planning Commission could impose this requirement, when Omni Tool has been given an additional year. He indicated there has been a precedent set with Omni Tool. Commissioner Boeck commented he felt Omni Tool was a separate application and should be treated as such. Commissioner Reem inquired as to the lighting. The Secretary indicated there is no additional lighting proposed at this time,but the applicant would be required to comply with ordinance requirements if lighting is installed. Chair Pro Tern Holmes inquired if there should be a condition regarding the lighting. The Secretary indicated a condition number 15 could be added to state all additional lighting must comply with site lighting provisions contained in Section 35-712 of the City Ordinances. Commissioner Reem indicated she would like this added as condition number 15. Commissioner Reem inquired as to a required sprinkler system. The Secretary explained any building over 2,000 square feet is required to have a sprinkler system throughout the building, if there is an addition made to an existing building bringing the building to over 2,000 square feet, the entire building must have a sprinkler system, not just the addition. Chair Pro Tern inquired as to when the addition was constructed. The Secretary noted the construction occurred in the Fall of 1994. The Secretary noted the Building Official has reviewed the building and has no immediate concerns, but permits are still required. Commissioner Boeck inquired if there are any energy dissipators required, he noted there is none proposed. The Secretary indicated the City Engineer can review the plans and comment as to his recommendations. Chair Pro Tern asked if the conditions should be reviewed before the public hearing. The Secretary indicated the Planning Commission may want to review the issues with the applicant and make comments during the public hearing as to the wording of any additional conditions. 5-25-95 3 PUBLIC HEARING (APPLICATION NO. 95007) Chair Pro Tern Holmes asked for a motion to open the public hearing on the request for Preliminary Registered Land Survey at 8:30 p.m. There was a motion by Commissioner Booth and seconded by Commissioner Reem to open the public hearing. The motion passed unanimously. Chair Pro Tem Holmes asked if there was anyone present who wished to address the Commission. Mr. Walter Gregory, Merila & Associates, a land surveyor representing the applicant, expressed concern that connecting to city storm sewer would put a burden onto the applicant. The Secretary indicated there would be no more burden than that imposed on Omni Tool. Mr. Gregory questioned the type of connection required. The Secretary indicated that could be discussed with the City Engineer. Mr. Gregory expressed concern for adding a pipe from one end of the property to another, he indicated the applicant would agree to a catch basin. The Secretary indicated the City Engineer may agree to other solutions, he encouraged Mr. Gregory to discuss this with the City Engineer. Commissioner Boeck indicated that the condition notes only the requirement of connection, it does not state what kind. Chair Pro Tern Holmes indicated the kind of connection can be negotiated at the time of the improvements. Chair Pro Tern Holmes inquired if there would be a concern regarding including the property of 3625 48th Avenue. The Secretary indicated it is assumed that the application refers to both sites, not just the combined site. Mr. Gregory expressed concern for including the property of 3625 48th Avenue. Commissioner Boeck indicated the applicant has already included the property by noting a common drive way and common drainage. Chair Pro Tern Holmes asked if there are any concerns regarding connection concurrent with City improvements. Mr. Gregory felt there would be no concern, the applicant desires to comply with conditions set by the City. Commissioner Reem inquired as to the hours of operation. A representative of the applicant noted the hours would be from 6 a.m. to 4:30 a.m. Commissioner Reem inquired if there had been any concerns from the neighbors. The representative of the applicant indicated there had been no concerns or problems. 5-25-95 4 Commissioner Boeck asked in regards to condition number one, are the building plans to be submitted regarding the building already constructed to review if it is adequate. The Secretary indicated this is correct, the Building Official has reviewed the building on site, and has seen no immediate concerns, but still needs to approve the plans prior to issuance of permits. Chair Pro Tem 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 Boeck and seconded by Commissioner Booth to close the public hearing at 8:43 p.m. The motion passed unanimously. Chair Pro Tem Holmes wished to clarify condition number 13, regarding including the property 3625 48th Avenue. Upon consensus the Planning Commission agreed to state condition 13 as: 13. The property owner shall enter into restrictive covenants to be filed with the title to the properties addressed as 3615 and 3625 - 48th Avenue North, requiring that on site storm sewer be installed and connected to city storm sewer in 48th Avenue North and 47th Avenue North within one year of when it becomes available. Chair Pro Tem Holmes opened discussion regarding requiring the time frame for connect to be concurrent. Commissioner Reem felt the change could not be imposed on this applicant when Omni Tool has been given one year to comply. Commissioner Booth concurred with Commissioner Reem. Discussion was held regarding this issue and it was the consensus of the Planning Commission to leave condition 13 as stated. Chair Pro Tem Holmes proposed the addition of condition 15 stating: 15. Site lighting shall comply with the provisions of Section 35-712 of the City Ordinance prohibiting glare onto neighboring properties. The Secretary noted the City Engineer will review the application and make comments regarding the rip rap and energy dissipators. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95007 There was a motion by Commissioner Booth and seconded by Commissioner Boeck to recommend approval of Application No. 95007 submitted by Cass Screw Machine Products Co. subject to the following conditions: 5-25-95 5 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. A driveway and access easement of 24 foot in width shall be filed with the title to the properties in question. The easement width shall be 13 feet for the proposed Tract A and shall be 11 feet in width along the easterly property line of Tract B, RLS 952 Voting in favor: Chair Pro Tem Holmes, Commissioners Booth, Reem, and Boeck. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the June 12, 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 must be brought back before the Planning Commission for review. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 95008 There was a motion by Commissioner Booth and seconded by Commissioner Reem to recommend approval of Application No. 95008 submitted by Cass Screw Machine Products Co. subject to the following conditions: 1. The final 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. 3. A performance agreement and supporting financial guarantee shall be submitted to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top 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. 5-25-95 6 1 8. B-612 curb and gutter shall be provided around all parking and driving areas. The plans shall be modified to indicated B-612 curb and gutter around the entrance to this site and to the neighboring site which forms a shared or common access between the two properties. 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 permits. 11. The applicant shall sign the truck access drive located off 48th Avenue North to prohibit parking of any vehicles in the driveway in front of the building. 12. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved the Engineering department. 13. The property owner shall enter into restrictive covenants to be filed with the title to the properties addressed as 3615 and 3625 - 48th Avenue North, requiring that on site storm sewer be installed and connected to city storm sewer in 48th Avenue North and 47th Avenue North within one year of when it becomes available. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. Site lighting shall comply with the provisions of Section 35-712 of the City Ordinance prohibiting glare onto neighboring properties. The Secretary noted that the application will be referred to the City Council at the June 12, 1995 meeting. The applicant is required to be present at the City Council meeting. If an changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. OTHER BUSINESS The Secretary presented the Planning Commission with updated information regarding the Adult Uses Ordinance and the Minneapolis court case and their ordinance. 5-25-95 7 ADJOURNMENT There was a motion by Commissioner Boeck and seconded by Commissioner Reem to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9 p.m. Acting Chair Pro Tem Mark Holmes Recorded and transcribed by: Ruth McLaurin TimeSaver Off Site Secretarial 5-25-95 8