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HomeMy WebLinkAbout1996 02-28 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 FEBRUARY 28, 1996 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:32 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. Commissioner Mickelson was unable to attend the meeting and was excused. APPROVAL OF MINUTES - FEBRUARY 14, 1996 Correction: Commissioner Booth noted he had abstained from voting on the approval of the Minutes of January 10, 1996 and was sworn in by the Secretary on February 14, 1996. There was a motion by Commissioner Booth and seconded by Commissioner Holmes to approve the minutes of the February 14, 1996, Planning Commission meeting as submitted. The motion passed 4-0-1 (with Commissioner Boeck abstaining). 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. 96003 Chairperson Willson introduced the first item of business, a request from Mija Landenberger requesting preliminary plat approval to subdivide the parcel of land on which the Budgetel Hotel is located into two lots to create a buildable parcel of land for the development of a Denny's Restaurant. 2-28-96 1 The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 96003, attached). Commissioner Reem inquired as to the location of the sidewalk. The Secretary noted the location of the sidewalk on the overhead transparency. Commissioner Boeck inquired if the developer would be required to complete the sidewalk along the construction site. The Secretary noted this would normally be a public improvement, although the City could request the developer to construct the sidewalk. The Secretary pointed out typically the City would have a sidewalk project to do an entire section of sidewalk. Commissioner Booth asked about the agreement in regard to the cross access over the Budgetel property. The Secretary indicated this agreement would need to be in place before the final plat approval. The Secretary indicated the City has required this because there will be no additional curb cut at the curve. Commissioner Boeck inquired as to the watermain easement location. The Secretary noted this will be on the final plat. Chair Willson indicated the City Engineer's memo outlined the easements needed to be provided, he suggested this could be an added condition to approval. The Secretary indicated since the next application is a request for site and building plan approval for a 5,338 square foot 140 seat Denny's Restaurant to be located on a 1.02 acre parcel adjacent to the Budgetel Hotel, he would present the information at this time. The Secretary presented the staff report, used overhead transparencies to show the location and detail- (see Planning Commission Information Sheet for Application No. 96004, attached). Commissioner Booth inquired if curb and gutter would be constructed where the parking spaces would be constructed. The Secretary noted condition number eight could be amended to specifically address any improvements to be included. PUBLIC HEARING (APPLICATION NO. 96003) Chairperson Willson asked for a motion to open the public hearing on the request for preliminary plat approval at 8:25 p.m. 2-28-96 2 There was a motion by Commissioner Booth and seconded by Commissioner Boeck to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Commissioner Boeck asked the applicant if the cross access agreement had be drafted. Mr. Al Beisner, representative of both applicant and Budgetel Hotel, indicated yes, it was part of the purchase agreement. He also noted a copy will be provided to the City for approval. 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 Holmes and seconded by Commissioner Reem to close the public hearing at 8:34 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96003 There was a motion by Commissioner Boeck and seconded by Commissioner Reem to recommend approval of Application No. 96003 submitted by Mija Landenberger 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 he provisions of Chapter 15 of the city ordinances. 3. The applicant shall provide appropriate easements for sidewalk and utilities as recommended by the City Engineer. 4. An appropriate cross access easement allowing access over Lot 1 to Lot 2 shall be drafted and filed as an encumbrance with the plat for this property. 5. An ordinance amendment vacating a portion of the James Circle right-of-way shall be approved by the City Council prior to the filing of the final plat with the County. 6. Drainage and Utility Easements must be provided along all property lines. A minimum 5 foot drainage and utility easement must be provided along all property lines with the exception of the following: 2-28-96 3 A. An existing drainage and utility easement is present along the entire west boundary of the property (Lot 1). This easement shall continue to exist and should be shown on the plat. B. A combination of storm sewer and water main traverse along the south boundary of this property. It is recommended that a 40 foot drainage and utility easement along the south side of the plat(Lots 1 and 2) be dedicated. C. A portion of the street right of way (James Circle North) is proposed to be vacated. A 10 foot drainage, utility, and sidewalk easement is recommended along the vacated portion. Vacation of roadway right of way shall be subject to review and approval of the City and all private utilities. The applicant shall provide appropriate legal descriptions. Voting in favor: Chairperson Willson, Commissioners Booth, Holmes, Reem, and Boeck. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96004 There was a motion by Commissioner Booth and seconded by Commissioner Holmes to recommend approval of Application No. 96004 submitted by Mija Landenberger 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 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 Site Performance Agreement and supporting Financial Guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to insure the completion of site improvements. 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. 2-28-96 4 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 provide around all parking and driving areas, including any off-site parking areas improved with this plan. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to the release of the Performance Guarantee. 10. The property owners shall enter an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of 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 plans shall be modified in the following manner prior to the issuance of building permits: a. Eliminate the parking stall encroaching into the required 15 foot green strip at the northeast corner of the site. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat comprehended under Planning Commission Application No. 96003 shall receive final approval by the City Council and filed with the County prior to the issuance of permits for this project. Voting in favor: Chairperson Willson, Commissioners Booth, Holmes, Reem, and Boeck. The motion passed unanimously. The Secretary noted that these applications will be referred to the City Council at the March 11, 1996, 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. OTHER BUSINESS Commissioner Boeck inquired if the City has a minimum lot size for Commercial lots. The Secretary noted there is no minimum size, but there is a 100 foot front footage requirement in a C-2 zone and 150 foot requirement in a C-1 zone. 2-28-96 5 The Secretary indicated there was no business currently scheduled for the March 14, 1996 meeting, and he would notify all the Commissioner if the meeting is to be canceled. ADJOURNMENT There was a motion by Commissioner Boeck and seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:43 p.m. Chairperson Recorded and transcribed by: Ruth McLaurin TimeSaver Off Site Secretarial I i 2-28-96 6