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HomeMy WebLinkAbout1990 07-12 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 JULY 12, 1990 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Lowell Ainas at 7: 35 p.m. ROLL CALL Chairman Pro tem Lowell Ainas, Commissioners Wallace Bernards, Bertil Johnson, Kristen Mann, and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. It was noted that Chairperson Molly Malecki had stated she would be unable to attend and was excused. APPROVAL OF MINUTES - June 14, 1990 Commissioner Bernards noted a typographical error on page 2, paragraph 2, of the June 14 minutes, that it should read "can it, " rather than "can't. " Motion by Commissioner Bernards seconded by Commissioner Johnson to approve the minutes of the June 14, 1990 meeting as corrected. Voting in favor: Chairman Pro tem Ainas, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. APPLICATION NOS. 90017 (L. A. Beisner) and 90018 (General Mills Restaurants) Following the Chairman Pro tem's explanation, the Secretary introduced the first two items of- business, a preliminary plat to resubdivide the two parcels of land in the Richardson Park Addition north of the freeway in order to expand the westerly lot for the purposes of accommodating an Olive Garden restaurant. He also reviewed Application No. 90018, a request for site and building plan approval to construct a 9,100 sq. ft. , 330 seat, Olive Garden restaurant on a vacant C2 parcel south of James Circle North (see Planning Commission Information Sheets for Application Nos. 90017 and 90018, attached) . Commissioner Bernards asked what signery would be allowed on 65th Avenue North (Freeway Boulevard) . The Secretary answered that no off-premises signs would be allowed. He pointed out that there is a freestanding identification sign proposed for the southwest corner of the site and that directional signs would be allowed, but not off-premises signs. Commissioner Bernards asked regarding the hours of operation. The Secretary answered that he was not certain of the hours, but assumed that they would be until 11: 00 p.m. or midnight. 7-12-90 1 Chairman Pro tem Ainas asked whether there were any plans for development across James Circle North. The Secretary answered that he was not aware of any current proposals. Mr. Al Beisner, a representative of the landowner, stated that there were no development proposals at this time. The Secretary noted that that parcel could obtain access from the east side of the site off James Circle North. Chairman Pro tem Ainas asked the applicant whether he had anything to add. Mr. Jerry Richards, of General Mills Restaurants, responded to the question regarding hours, noting that they would be from 11:00 a.m. to 11:00 p.m. He added that there would be no live entertainment at the restaurant. In response to a question from Commissioner Bernards regarding liquor, Mr. Richards stated that liquor would be served, that it would be a full service restaurant, but definitely a family restaurant. He added that in keeping with the image of the Olive Garden, there would be a lot of landscaping on the site. He showed the Commission a colored rendering of the elevations of the building. He noted that there would be a freestanding sign adjacent to the freeway to let the traffic know that the restaurant was there. He stated that they would like to have smaller identification signs on the mansard. Commissioner Bernards asked whether the Olive Garden was a new concept. Mr. Richards answered that it was started about six years ago and that there are now about 250 Olive Garden restaurants in the United States. Commissioner Bernards asked if there were any others in Minnesota. Mr. Richards answered that there were others in the Metro area, notably in Roseville and Maplewood. He also stated that the Olive Garden was voted the favorite restaurant in the Orlando, six county area in Florida. PUBLIC HEARING (Application No. 90017 Chairman Pro tem Ainas then opened the meeting for a public hearing regarding the plat and asked whether anyone had any questions regarding either the plat or the site plan. Mr. Ernest Borchardt, of 6507 Beard Avenue North, inquired as to the liquor license that needed to be obtained from the City Council. Chairman Pro tem Ainas answered that a liquor license was indeed required. The Secretary explained that the liquor license was a separate consideration and that the application before the Planning Commission is only for site and building plan approval. He stated that the liquor license application is reviewed primarily by the police department and is considered directly by the City Council. He noted that the Liquor Ordinance requires at least 150 dining seats and that that appears to be provided in this case. He stated that he was not aware of any problems with the liquor license application, but that it is possible for the City Council to approve the site and building plan application and not the liquor license or vice versa. 7-12-90 2 Chairman Pro tem Ainas asked whether anyone else wished to comment regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. Commissioner Holmes asked whether a traffic survey needed to be done. The Secretary answered that it is not a specific requirement of site and building plan approval. He noted that a major traffic analysis was done of this area and the rest of the commercial and industrial area in the center of the City in the past. He pointed out that restaurants generate more traffic during the evening hours and at lunch time and that the main traffic problems in the center of town are in the 5: 00 to 6:00 p.m. peak hour period. He stated that he did not think the restaurant would exacerbate traffic problems during this time period. Commissioner Bernards stated that he hoped the applicant could live with the City's Sign Ordinance. He added that the City is generally not disposed to grant variances for signs. Mr. Richards stated that the ordinance allows a freestanding sign and wall signery. He noted the signs on the mansard. He stated that he felt these were a type of wall signery though he acknowledged this was a matter of interpretation. Commissioner Bernards simply urged Mr. Richards to do his homework with City officials with respect to signery. The Secretary added that the proposed signery was not a part of the site and building plan approval. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS 90017 (L A Beisner) and 90018 (General Mills Restaurants) Motion by Commissioner Mann seconded by Commissioner Bernards to recommend approval of Application No. 90017 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 the provisions of Chapter 15 of the City Ordinances. 3 . The applicant shall dedicate a 20' wide drainage and utility easement over the City water main under the northeast corner of Lot 2 prior to release of the final plat for filing at the County. And to recommend approval of Application No. 90018, subject to the following conditions: 7-12-90 3 e 1. 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, utility and berming 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 by the City Manager) shall be submitted prior to the issuance of 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. 8. B612 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 permits. 11. A fire hydrant shall be provided to serve the site as required by the Fire Chief. 12. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. Voting in favor: Chairman Pro tem Ainas, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. 7-12-90 4 I APPLICATION NOS. 90019 AND 90020 (Joe Korman) The Secretary then introduced the next two items of business, a request for preliminary plat approval to subdivide the property at 5321 Morgan Avenue North and a request for variance approval to allow two single-family lots in the R2 zone with a width of approximately 57.5 feet again, at the property of 5321 Morgan Avenue North. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 90019 and 90020, attached) . Chairman Pro tem Ainas asked whether the City did not have some substandard 35' or 40 ' wide lots in this area of the City. The Planner answered that there were some 40' lots generally, further east in this neighborhood, but also pointed out that there were some approximately 50 ' wide lots along this street and in this general neighborhood. The Secretary explained that 40' wide lots, if they are lots of record prior to 1976, are grandfathered and are allowed to be built on provided all setback requirements can be met. In response to a question from Commissioner Bernards regarding the recent Whitley applications, the Secretary explained that the two lots that were resubdivided by Mr. Whitley were pre-existing lots which were being uncombined. He pointed out that in the present case, this lot was being subdivided for the first time and that the situation was more similar to an R2 lot that was created over on Russell Avenue North that was slightly substandard rather than the Whitley situation. Commissioner Johnson noted that there may be problems getting to the north side of the house if the garage is relocated. There followed a discussion as to possible placement of the garage on the northerly lot. Chairman Pro tem Ainas asked the applicant whether he had anything to add. Mr. Korman answered that he had nothing to add. PUBLIC HEARING (Application Nos. 90019 and 90020 Chairman Pro tem Ainas then opened the meeting for a public hearing regarding both the preliminary plat and variance applications and asked whether anyone present wished to speak regarding these. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. The Secretary then suggested an additional condition to Application No. 90020 to the effect that no other variances are implied by the action on Application No. 90020. 7-12-90 5 APPROVAL OF APPLICATION NOS. 90019 AND 90020 (Joe Korman) Motion by Commissioner Bernards seconded by Commissioner Johnson to recommend approval of Application No. 90019, 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 the provisions of Chapter 15 of the City Ordinances. 3. The existing garage shall be relocated off the proposed Lot 2 prior to release of the plat for filing at the County. 4. The applicant shall enter into an agreement for the payment of utility hook-up charges to be assessed to Lot 2 prior to release of the plat for filing. 5. Approval of the subdivision is subject to approval of variance Application No. 90020. 6. The plat shall be modified, prior to final plat approval, to indicate a 5' wide drainage and utility easement along the rear of both Lots 1 and 2 . 7. No building permit for a new dwelling or garage on the proposed Lot 2 shall be issued until the plat has received final approval and been filed at the County. And to recommend approval of Application No. 90020, based on the following findings and conditions: 1, Two of three (depth and area) lot requirements are met in this case. 2. No setback deficiencies will result from the proposed subdivision. 3. The proposal is reasonable and creates no unorthodox arrangements. 4. The existing detached garage on the proposed southerly lot shall be relocated off the southerly lot prior to release of the final plat for filing at the County. 5. No other variances are implied by the granting of this variance. 7-12-90 6 Voting in favor: Chairman Pro tem Ainas, Commissioners Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. The Secretary then noted there were some people present from the area near the Garden City Court Apartments. He stated that the variance application regarding that property was not up for consideration at this evening's meeting, but that it would, if at all possible, be before the Commission for the July 26, 1990 meeting. ADJOURNMENT Following a brief discussion of some miscellaneous items, there was a motion by Commissioner Johnson seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:53 p.m. Chairman 7-12-90 7 1 1