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HomeMy WebLinkAbout1996 05-16 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 MAY 16, 1996 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:38 p.m. ROLL CALL Chair Tim Willson, Commissioners Donald Booth, Mark Holmes, Dianne Reem, and Graydon Boeck were present. Also present were Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Palm telephoned she is unable to attend this meeting and was excused; however, no word was received from Commissioner Mickelson. APPROVAL OF MINUTES -APRIL 25. 1996 Chair Willson requested that page 4,of the April 25 minutes be amended to read as follows: "Chair Willson noted that recent legislation that would have helped Brookdale Mall with future state funding was vetoed by the governor." There was a motion by Commissioner Booth seconded by Commissioner Holmes to approve the minutes of the April 25, 1996 Planning Commission meeting as amended. The motion passed unanimously. CHAIRPERSON'S EXPLANATION Chair Willson explained the Planning Commission's role as 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. 96006 Commissioner Boeck excused himself from consideration of Application No. 96006 at 7:40 p.m.to avoid any possible conflict of interest. He returned at 8:35 p.m. after discussion concluded and action was taken on the Application, to participate in the remainder of the meeting. Chair Willson introduced Application No. 96006, a request for approval of a preliminary plat from Cross of Glory Lutheran Church to subdivide the existing church lot at 5929 Brooklyn Boulevard into five lots consisting of one large lot for the church, three new single family lots and one outlot. 5-16-96 1 The Secretary presented the staff report and used overhead transparencies to show the location and preliminary plat subdivision of the Cross of Glory 2nd Addition. (See details in Planning Commission Information Sheet for Application No. 96006 dated 5-16-96 attached.) The Secretary presented the City Engineer's report on the proposed preliminary plat and site plan dated May 15, 1996. The report reviews required drainage and utility easements, grading and catch basin issues, and recommends conditions for final plat approval. The engineer's review included discussion with church representatives and neighbors adjacent to the site. PUBLIC HEARING (APPLICATION NO. 96006) Chair Willson asked for a motion to open the public hearing on the request for preliminary plat approval to subdivide the existing Cross of Glory Lutheran Church lot. There was a motion by Commissioner Holmes seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chair Willson opened the public hearing at 8:05 p.m. and invited comments from the public. Mr.Jim Merila,representing Merila&Associates(consulting engineer for the project),stated he had no further comments to add to the Secretary's presentation, but would answer Commissioners' questions. Commissioner Holmes inquired about the church's plans for future expansion. Mr.Merila explained that this project includes construction of a fellowship hall and internal remodeling to provide additional office space. A separate site and building plan for that proposal will be presented to the Commission in the near future. Chair Willson requested further description of the proposed landscaping and screening. Mr. Merila explained the church's preference for live greenery, detailed the locations of additional evergreen trees and hedge shrubbery planned for the plat. Size of the trees will be at least the minimum required height and planted on-center to provide for growth to produce maximum screening. He noted additional fencing would be used only as a last resort. A new storm sewer, curb and gutter, adequate greenstrip, and berming will be installed. Commissioner Reem complimented the use of evergreen trees and inquired about the chains between the church and the Brookdale West Professional Building. Mr. Merila explained the long-standing agreement between the church and the Professional Building owner for shared use of the existing parking facility for mutually beneficial purposes. Commissioner Booth recommended staggered planting of evergreen trees on the 15' greenstrip to provide maximum screening. Commissioner Holmes inquired about ownership of the existing evergreen trees and fence. Mr. Merila stated the trees are owned and maintained by the church,however,an existing fence installed 5-16-96 2 by a neighbor encroaches on church property. An agreement between the resident and the church allows the fence to remain and provides procedures for its removal if appropriate. Commissioner Reem inquired whether neighbors' comments have been solicited. Mr. Merila reported that discussions with the city engineer and Messrs. Switzer and Carlson have taken place. Concerns have been resolved and issues, responsibilities, and maintenance clarified. The Commissioners generally accepted the landscaping and screening plans proposed by the applicant. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Reem seconded by Commissioner Booth to close the public hearing on Application No. 96006, at 8:25 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 96006 Chair Willson requested that the City Engineer's recommendations be included in the conditions for approval of the proposed preliminary plat and site plan application. There was a motion by Commissioner Booth seconded by Commissioner Reem to approve Application No. 96006 submitted by the Cross of Glory Lutheran Church, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer with the following conditions: -Drainage and utility easements must be provided along all property lines and shown clearly on the preliminary plat. - The applicant must coordinate grading with the property owner at 5920 Ewing and effectiveness of the existing catch basin and adequacy of its capacity be evaluated. -The following must be completed within a time frame established by the City as conditions for final plat approval: a. The proposed Lots 2,3,4 shall be removed of pavement surface and turf established. b. The proposed storm sewer shall be installed. A hook-up permit shall be secured with the City prior to connection with the existing storm sewer. C. The applicant shall work and cooperate with neighboring properties to complete grading as proposed on the plan. -The applicant should consider completion of the remaining portions of the parking lot with curb and gutter. 5-16-96 3 -The applicant will be responsible for service connections to the existing sanitary sewer and water main within Ewing Avenue North and 58-1/2 Avenue North including restoration of the street surface and base and hookup fees as applicable. - The proposed site plan will be subject to any additional conditions and requirements of private utilities. -An erosion and sedimentation control plan must be provided prior to final approval. -A standard utility and maintenance agreement with the City will be required as a condition of final approval. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances,including the need for a subdivision agreement regarding costs for utility service lines and hook-ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee(in an amount to be determined)to assure completion of all required buffer, screening and curb and gutter improvements. This performance agreement and financial guarantee shall be posted prior to the release of the final plat for filing with Hennepin County. 4. Required screening along the west property line where the Church parking lot abuts R-1 zoned property may be landscaping consisting of evergreen trees at least six feet high, planted 20 feet on center. Required screening of the parking lot on the south side of 58 %Z Avenue should consist of berming and landscaping 3 %2 to 4 feet in height. Voting in favor: Chair Willson, Commissioners Booth, Holmes, and Reem. The motion passed unanimously. The Council will consider the recommendation at its May 28 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re-consideration. APPLICATION NO. 96007 Chair Willson introduced Application No. 96007, a request from American Brake Service for a special use permit to operate a facility that specializes in brake service and repair in the former St. Paul Book and Stationary tenant space in the retail center at 5810 Xerxes Avenue North. The Secretary presented the staff report and used overhead transparencies to show the location and preliminary leasehold and site plans. (See details in Planning Commission Information Sheet for Application No. 96007, dated 5-16-96 attached). Mr. Warren pointed out that while the applicant is not contemplating performing under the hood service and oil change service at the present time,the Commissioners may wish to consider approval of adding those services to this application. 5-16-96 4 Commissioner Holmes inquired about the adjacent businesses. Commissioner Reem inquired whether the existing food service business would be detrimentally affected by vehicle emissions. Mr. Warren explained there should be no problem because there is appropriate separation in the building. Commissioner Reem inquired whether there will be hoists,pits, and ramps. Mr. Warren stated hoists and ramps are included,but there are no pits. Commissioner Holmes inquired whether the noise would interfere with the other businesses. Mr. Warren explained that adequate insulated walls exist in the building to separate the business operations. Commissioner Boeck expressed concern about exterior exhaust and pollution, and Commissioner Willson inquired about safe disposal of liquids and trash. Mr. Warren indicated that federal and state standards for air exchange and mechanical operations must be met by the applicant. Commissioners Reem and Holmes inquired about the exterior design and color noting the City's efforts to encourage consistency in that regard. A color photograph of the proposed exterior plan was circulated. In response to Commissioner Holmes' inquiry about signage,Mr. Warren described the signage allowed under the City's code. PUBLIC HEARING(APPLICATION NO. 96007) Chair Willson asked for a motion to open the public hearing on the request for a special use permit for American Brake Service. There was a motion by Commissioner Boeck seconded by Commissioner Holmes to open the public hearing. The motion was approved unanimously. Chair Willson opened the public hearing at 8:55 p.m. and invited comments from the public. Mr. Gar Matson, the franchisee, operating as MTR, ltd., 8443 University Ave. N.E., Spring Lake Park, MN, stated he is available to answer Commissioners' questions. Mr. Matson responded to questions about the company, described some physical aspects of the interior and exterior of the building, assured compliance with federal and state environmental regulations,and described details of customer service and hours of operation. Commissioner Booth recommended that approval of under the hood and oil change services be included in the approval of this application. Chair Willson suggested that reference to outside trash disposal facility be deleted from the proposed conditions for approval since no outside trash containers will be used. Chair Willson also suggested that the conditions make specific reference to compliance to the City's signage code. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Holmes seconded by Commissioner Boeck to close the public hearing on Application No. 96007 at 9:15 p.m.. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96007 There was a motion by Commissioner Boeck seconded by Commissioner Booth to approve Application No. 96007 submitted by American Brake Service subject to the following conditions: 5-16-96 5 1. The Special Use Permit is granted to the applicant for an automotive repair facility specializing in brake services and repair including under car services such as suspension, steering and constant velocity joints, and under the hood services such as serpentine belts, and oil change services. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this Special Use Permit. 2. Building plans for tenant remodeling and overhead doors shall be reviewed and approved by the Building Official prior to the issuance of building permits. 3. There shall be no service, repair or maintenance of vehicles out of doors and all vehicles being so serviced and maintained shall be done so inside the building with the overhead doors closed. 4. Any rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. There shall be no outside display or storage of merchandise on this site other than that which is authorized under Administrative Land Use permits. 6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 7. The Special Use Permit is limited to only the signage allowed in Chapter 34 of the City Ordinance and any violation thereof shall be grounds for revocation. Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes, and Reem. The motion passed unanimously. The Council will consider the recommendation at its May 28 meeting. The applicant is required to be present. Major changes to the application as considered by the Commission will require the application to be returned to the Commission for re-consideration. OTHER BUSINESS a. Brookdale 76, 5710 Xerxes Avenue North Mr. Warren described the plans of the lessee/operator of Brookdale 76 to eliminate its vehicle repair/mechanical service and remodel the existing building to expand its retail/convenience store offerings and possibly install car washing equipment. Review of the proposed plans by city staff indicates that formal review and consideration by the Planning Commission is not necessary since alterations can be accomplished under normal building permit regulations. The consensus of the Commissioners, following brief discussion, was that administrative action is sufficient to rescind the mechanical repair business of Brookdale 76 and accommodate the building 5-16-96 6 renovation through the building permit process. Any expansion to the building will require the submission of a formal site and building plan and special use permit amendment. DISCUSSION ITEMS There was brief discussion regarding current projects within the City. A Planning Commission study session is scheduled for May 30, 1996. ADJOURNMENT There was a motion by Commissioner Boeck seconded by Commissioner Booth to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:40 p.m. hairperson Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial 5-16-96 7 �I 'I i I