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HomeMy WebLinkAbout1997 04-17 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 MEETING APRIL 17, 1997 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m. ROLL CALL Chair Willson, Commissioners Graydon Boeck, Rex Newman, Dianne Reem, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Lorri Kopischke. Commissioners Donald Booth and Mark Holmes were excused. Chair Willson noted a letter of resignation which had been presented to the City by Commissioner Donald Booth. The Secretary noted the letter had been forwarded to the Mayor and the appropriate personnel and the process of reappointment to the seat would be commenced. APPROVAL OF MINUTES - MARCH 13, 1997 There was a motion by Commissioner Walker, seconded by Commissioner Reem, to approve the minutes of the March 13, 1997 meeting as submitted. Voting for: Chair Willson, Commissioners Boeck, Reem, and Walker. Commissioner Newman abstained. The motion passed. CHAIR'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. ACTION NO. 97005 (TIMOTHY THOMPSON) Mr. Warren noted that the applicant was not present and requested that this item be considered later in the meeting. The Commission agreed to consider this item later in the meeting. 4-17-97 Page 1 APPLICATION NO. 97006 (SPIRITUAL LIFE CHURCH) Chair Willson introduced Application No. 97006, a request for site and building plan approval to construct a 900 seat church on the vacant 4.4 acre parcel of land located at the southwest quadrant of Shingle Creek Parkway and Xerxes Avenue North. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97006 dated 4-14-97 attached.) Mr. Warren stated access to the property is to be gained via 24 foot wide drive ways located along Xerxes Avenue and two along Freeway Boulevard, one at the northwest corner of the site near Shingle Creek Parkway and the other along the southeasterly portion of the site. There are two access drives on the opposite side of Freeway Boulevard to the west of this site and one on Freeway Boulevard to the south of this site serving the townhouse complex. None of the proposed accesses appear to line up directly with the existing accesses except possibly the Xerxes access with the office/industrial building to the east. Locations of the accesses should be reviewed and noted on the plan for possible adjustment. The City Engineer has expressed concern for the northwesterly access along Freeway Boulevard possibly being too close to Shingle Creek Parkway. However,there also is concern about the access alignment with the access to the townhouses on the opposite side of the street. The access to the townhouses along the south portion of Freeway Boulevard appears to be about midway between the proposed access for the church and the corner of Freeway Boulevard. These access issues need to be reviewed and resolved. Mr. Warren noted the applicant has not submitted a grading, drainage or utility plan and one must be provided before a favorable recommendation can be made. The site is 4.4 acres and would not normally require Shingle Creek Watershed Management Commission review and approval. City records indicate that a portion of this site is wetlands and therefore, a wetland delineation and Watershed review and approval will be necessary. The landscape point system for this 4.4 acre site requires 392 landscape points. The project data summary indicates that 379 landscape points are to be provided. This is 13 points short of the minimum required. When totaling points, staff finds only 356 landscape points. Also the zoning ordinance requires parking lot screening where parking lots containing more than six cars across the street from residentially zoned property. This is the case along Freeway Boulevard across from the Earle Brown Farm Estates Townhouses. It is also common in the industrial park area to provide berming along Shingle Creek Parkway in an effort to screen the parking lot at street level. The landscape issues will need to be provided and resolved in the grading, drainage or utility plan. Mr. Warren stated the submitted plans are not sufficient enough to make a recommendation to approve. All the outstanding matters have been reported to the applicant's architect. The application should be tabled until an appropriate plan is presented. Mr. Warren noted the State Statute of limitation of 60 days for reviewing this plan. 4-17-97 Page 2 Pastor Judy Fornara, Spiritual Life Church, stated she did not anticipate a large amount of traffic from the site during peak traffic hours. Services are held on Sunday morning and Sunday, Tuesday and Thursday evenings. She stated she did not feel there would be an issue with the wetlands. She noted the church had been located at 6500 Shingle Creek Parkway for 10 years and the parish has outgrown that site. It has become necessary for the church to relocate and they would like to remain in the City of Brooklyn Center. Chair Willson asked if the site would be vacant during the day. Pastor Judy Fornara noted there are 8 office workers on the site during business hours. The Church also hosts a week long camp meeting 1-2 times per year. She noted this would bring revenue to the City as the attendees would utilize the hotels and restaurants in the area. Commissioner Newman questioned the possible expansion of the Church. Pastor Judy Fornara stated if the Church required expansion,they would rent space from other nearby office buildings and utilize a shuttle bus for transportation. Commissioner Boeck questioned the location of the drive ways. He also suggested a cooperative agreement in regard to drainage may be necessary with the adjacent property owner and asked if the berm would be provided and landscaping adjusted to comply with the ordinance. The Architect reported a survey of the site will be conducted next week. He stated he was concerned with moving the access points due to the topography of the site. The cooperative agreement may be necessary because the storm sewer actually goes across the adjacent property owners driveway. The Architect stated it is his intent to comply with all recommendations of the City Engineer. In response to Commissioner Walker, the Architect explained the exterior of the building will be white or cream color with plumb colored glazing, frames and flashings. There was a motion by Commissioner Walker, seconded by Commissioner Reem to table consideration of Application No. 97006, Spiritual Life Church,to provide adequate information for the Commission to make a recommendation to approve. Voting for: Chair Willson,Commissioners Boeck,Newman,Reem,and Walker. The motion passed unanimously. APPLICATION NO 97007 (POPEHN LIMITED PARTNERSHIP - HIAWATHA RUBBER COMPANY Chair Willson introduced Application No. 97007, a request for site and building plan approval to construct a 37,440 square feet addition to the Hiawatha Rubber Company building located at 1700 67th Avenue North. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97007 dated 4-17-97 attached.) 4-17-97 Page 3 Mr. Warren explained access to the site would remain unchanged and would be via 67th Avenue and James Avenue. The parking lot to the east of the building would be expanded all the way back to 15 feet of the rear property line and would serve as loading space for the expanded building and additional parking for the site. There are currently 49 parking spaces serving the existing building and an additional 50 parking spaces would be constructed along the east side to the rear of the proposed loading area. 36 more parking spaces could be constructed in the back of the building,but the applicant has proposed to defer these parking spaces and to install them only if needed in the future. The proposed 99 parking spaces appear to be adequate given the applicant's expressed parking needs. Staff is recommending however,a proof of parking agreement between the City and the owner of the property to construct up to 36 more parking spaces if required in the future. The applicant is in agreement with this request. Mr. Warren explained the grading,drainage and utility information. He noted the City Engineer has expressed concern regarding the close proximity of the back wall on the proposed addition to the existing utility easement. He is reviewing the plan to determine the exact location of the utilities in the easement and to determine if the close proximity may affect either the utility lines or the building foundation. Mr. Warren outlined the landscaping plan and noted it was in conformance with the landscape point system used to evaluate such plans. He noted the plans do not indicate additional lighting but stated staff is concerned that lights be directed down onto the property. Mr. Warren stated the plans appear to be in order and approval is recommended subject to conditions 1-13 outlined in the staff report. Commissioner Boeck stated the site plan was not detailed in regard to the drainage on the site. He suggested a condition be added to approval of the site plan that states, "All drainage should be retained in this site." Commissioner Reem asked if there would be additional lighting on the site. Bernie Herman,Architect, stated there would be wallpacks installed on the east side of the building. A 1.5 foot candle would be maintained at the edge of the parking area. No other additional lighting would be installed. Commissioner Walker asked if there would be any change in the nature of the work performed in the building. James Popehn,President of Hiawatha Rubber and Partnership Limited Partner of Popehn, stated 1/3 of the area would be used for expansion. The remaining 2/3 would be open warehouse space or light industrial. He noted it was possible the space would be sublet to other companies. 4-17-97 Page 4 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 97007 There was a motion by Commissioner Boeck, seconded by Commissioner Newman,to recommend to the Council that it approve Application No. 97007, a request submitted by Popehn Limited Partnership(Hiawatha Rubber Co.) for site and building plan approval to construct a 37,440 square foot addition to the Hiawatha Rubber building located at 1700 67th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to the 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 assure the completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. 5. The building addition 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. The underground irrigation system shall be extended to all new landscape areas to facilitate site maintenance. 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 provided around the expanded parking and driving areas. 9. The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems,prior to the issuance of permits. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 12. Additional lighting proposed for this site shall be provided in conformance with Section 35-712 of the Zoning Ordinance. 4-17-97 Page 5 13. A Proof of Parking Agreement acknowledging the need to install up to 36 parking spaces on the site upon determination of the City shall be executed and filed with the title to the property prior to the issuance of building permits for this project. 14. All drainage shall be retained and held on the site. Voting for: Chair Willson,Commissioners Boeck,Newman,Reem,and Walker. The motion passed unanimously. The Council will consider the recommendation at its Monday, April 28, 1997 meeting. The applicant must be present. Chair Willson recessed the meeting at 8:56 p.m. and reconvened the meeting at 9:00 p.m. APPLICATION NO. 97005 (TIMOTHY THOMPSON) Chair Willson introduced Application No. 97005, a variance request to allow an addition to a detached garage at 5945 Camden Avenue North resulting in an accessory building that exceeds both the 1,000 square feet maximum size of a single accessory building and also the ground coverage of a principal building. Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for the new proposal. (See Planning Commission Application Information Sheet for Application No. 97005 dated 4-17-97 attached.) Mr. Warren explained the above cited section of the Zoning Ordinance allows detached or attached accessory buildings and carports provided the ground coverage of any single accessory building shall not exceed 1,000 square feet;that no more than two accessory structures are permitted on any one residential premise; and that the total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the dwelling building. The applicant's existing house has a ground coverage of 1,261 square feet, while his existing detached garage is 720 square feet. He would like to add 600 square feet to his existing garage in order to house four vehicles that he wishes to keep inside at all times. There is an optional plan which would conform to the ordinance in which the applicant would build a 528 square feet accessory building to the west of the existing garage. This would require a second garage door on the first accessory building to allow access to the second accessory building. Mr. Warren advised that the applicant states he believes that it is reasonable to grant the two variances in that they are consistent with the spirit of the zoning code;they avoid an operational and functional obsolescence that would be created by strict adherence to the ordinance in achieving shelter for the four cars; do not negatively impact the value, enjoyment or safety of the adjacent property; and they have little to no negative impact on the aesthetics of the site lines of the property and its improvements. 4-17-97 Page 6 Mr. Warren stated staff believes and is recommending that no ordinance related hardship exists. Granting the variance would be contrary to the concept of principal and accessory buildings. The City's ordinances have long held that an accessory building or buildings should not be larger than the principal structure. The applicant's situation is not unique. Mr. Warren advised that if the Commission is sympathetic to the applicant's case, an ordinance amendment rather than a variance, should be pursued. The current accessory building provisions were adopted in 1981. They were adopted as the Planning Commission believed that two accessory buildings per lot were enough and that a single accessory building of 1,000 square feet was large enough because the building code limited accessory buildings on floating slabs at that time to 1,000 square feet. The building code has since been amended to allow accessory buildings to be larger than 1,000 square feet provided they meet certain other requirements of the building code. Mr.Warren stated staff does not recommend a variance or an ordinance amendment that would allow an accessory building to exceed the ground coverage of the principal building. With respect to the applicant's request for a variance, staff recommends that it not be granted on the grounds that Standards for Variances, particularly standard `a' regarding hardship and standard `b' regarding uniqueness, are not met. PUBLIC HEARING(APPLICATION NO. 97005 There was a motion by Commissioner Newman, seconded by Commissioner Boeck to open the public hearing at 9:22 p.m. The motion passed unanimously. Mr. Timothy Thompson, 5945 Camden Avenue, stated he did not desire to construct a second accessory building as he felt the addition to the existing garage would keep the buildings in line and was more appealing to his neighbors. He noted the four neighbors abutting his property were in favor of the first proposal. Chair Willson asked if a stipulation could be attached to approval that this building be for no other use than housing four vehicles. Mr. Warren stated this was not possible. He stated however, that the typical definition of an accessory building includes storage of equipment and vehicles. He noted it was not allowable under the ordinance to utilize an accessory building as habitable space. Commissioner Boeck expressed concern that if the City continued to allow larger accessory buildings,they would be used as habitable space. He felt the ordinance should remain as is. If Mr. Thompson would like to build the second accessory building, he was in approval. He stated he would vote to deny the request for variance. Commissioner Walker stated he was concerned that granting this variance would set a precedent which could affect the quality of life in Brooklyn Center. He felt the ordinance should remain as is and the variance should be denied. 4-17-97 Page 7 Mr. Thompson stated he would be using the accessory space for the storage of his boat,truck, car, snowmobile trailer and lawn equipment. Commissioner Newman stated he felt there was some case that the property was unique with regard to the lot being long and narrow and the power line which would require that two accessory buildings would have to be located further apart. He stated he did not want to change the ordinance but felt this variance would be appropriate. He noted the City Council is looking for diversity in housing stock and this proposal would provide diversity. He stated he felt this was an aesthetically good proposal, would not set a precedent and that he would vote in favor of the variance. CLOSE PUBLIC HEARING(APPLICATION NO. 97005) There was a motion by Commissioner Boeck,seconded by Commissioner Walker to close the public hearing at 9:50 p.m. The motion carried unanimously. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 97005 There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to recommend to the Council that it deny Application No. 97005,a request submitted by Timothy Thompson, 5945 Camden Avenue,for a variance request to allow an addition to a detached garage that exceeds both the 1,000 square feet maximum size of a single accessory building and also the ground coverage of a principal building as the Standards for Variance,particularly standard `a' regarding hardship and standard `b' regarding uniqueness, are not met. Voting for: Chair Willson, Commissioners Boeck, Reem, and Walker. Commissioner Newman voted against. The motion passed. The Council will consider the recommendation at its Monday, April 28, 1997 meeting. The applicant must be present. APPLICATION NO. 97004 (LINE DRIVE BATTING CAGES) Mr. Warren informed the Commissioners that the applicant requested that Application No. 97004 be withdrawn. There was a motion by Commissioner Boeck, seconded by Commissioner Reem,to acknowledge the withdrawal of Application No. 97004,Line Drive Batting Cages, as requested by the applicant. Voting for: Chair Willson,Commissioners Boeck,Newman,Reem,and Walker. The motion passed unanimously. DISCUSSION ITEMS MODIFICATIONS TO TAX INCREMENT DISTRICT NO. 3 Mr. Warren noted the City Council has established April 28, 1997, as the public hearing to consider two modifications to the Tax Increment Financing District No. 3. 4-17-97 Page 8 There was a motion by Commissioner Walker, seconded by Commissioner Newman, that the modifications to Tax Increment District No. 3 conform to the general plan for development or redevelopment of the City as a whole. Voting for: Chair Willson, Commissioners Newman, Reem, and Walker. Commissioner Boeck abstained. The motion passed. OTHER BUSINESS Mr. Warren noted there may be a request before the Planning Commission to allow a sewer and water hook-up to an accessory building. Although there is nothing specific in the ordinance to address this issue,it has long been City policy to not allow sewer hook-ups to an accessory building. There was a motion by Commissioner Boeck, seconded by Commissioner Reem to direct the Secretary to prepare a draft ordinance amendment to prohibit connection of sanitary sewer to accessory buildings to concur with City policy in the past and to bring the amendment back to the Planning Commission for consideration. Voting for: Chair Willson,Commissioners Boeck,Newman,Reem,and Walker. The motion passed unanimously. Commissioner Reem expressed her concern that the City was still addressing code enforcement in regard to cleaning up areas of the City. Mr.Warren stated the City was still pursuing this and was looking for Code Enforcement personnel. The City would also be looking at exterior maintenance of homes this year in the concentrated code enforcement effort. Mr. Warren stated there was no further business to bring before the Commission. The next Commission meeting will be on Thursday, May 1, 1997. ADJOURNMENT There was a motion by Commissioner Walker, seconded by Commissioner Reem, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:15 p.m. Chair Recorded and transcribed by: Lorri Kopischke TimeSaver Off Site Secretarial 4-17-97 Page 9 ' I