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HomeMy WebLinkAbout1992 03-12 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 STUDY SESSION MARCH 12 , 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Interim Chairperson Wallace Bernards at 7 : 30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Mark Holmes and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioners Johnson and Kalligher were unable to attend and were excused. APPROVAL OF MINUTES - FEBRUARY 13 , 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the February 13 , 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to Commissioners Sander and Holmes for a new two year term. APPLICATION NOS. 92005 AND 92006 (Mularoni and Associates/Tomorrow Foods Following the Chairperson' s explanation, the Secretary introduced the first two items of business, a request for site and building plan approval to construct a 7 , 754 sq. ft. office/industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North and also a request for a variance from Section 35-413 of the Zoning Ordinance to allow on a temporary basis a buffer strip of less than 50 feet across Shingle Creek Parkway from R3 zoned property. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 92005 and 92006, attached) . The Secretary also noted that the townhouses developed across Shingle Creek Parkway had taken future right-of-way into account in their development and that the townhouses were set fairly far back. Commissioner Sander asked when Shingle Creek Parkway would be realigned. The Secretary answered that it would possibly be in 1993 . Commissioner Sander asked whether the City would retain some of the land after the realignment was completed. The Planner explained that the City will vacate at least to the center line of 3-12-92 1 the existing right-of-way, but that some of the right-of-way will probably be retained for the purpose of covering utilities and possible modifications to 69th Avenue North. Commissioner Sander asked what kinds of foods would be processed by the applicant. The Secretary answered that he thought it would be meats and dairy products. He stated that food waste would be handled inside the building. Chairperson Bernards asked how the property would be accessed from Shingle Creek Parkway. The Secretary noted that there is a median break in Freeway Boulevard and that a u turn would have to be made to come back into the site. Chairperson Bernards asked whether that would create a problem. The Secretary stated that he did not expect a problem given the low intensity of this use. He stated that staff have encouraged the applicant to seek a connection to Shingle Creek Parkway through Palmer Lake Plaza so that they will be able to make left turns in and out of the site through the Palmer Lake Plaza site. Commissioner Sherritt asked whether there had been a discussion about access. The Secretary stated that he could recall discussion of the access to this property in the past. The Planner stated that a covenant had been found which would require a cross access for this parcel across Palmer Lake Plaza property, but that it was not certain whether that document was filed at the County. Chairperson Bernards asked what the traffic impact of this use would be. The Secretary responded that it should be average to low. Commissioner Holmes asked about weight restrictions on 69th Avenue North. The Secretary stated that he assumed there were restrictions on the bridge over Shingle Creek, but that he was not aware of any restrictions on 69th Avenue North. Commissioner Holmes noted that vehicles exiting the site would have to go towards 69th Avenue North. The Secretary responded in the affirmative. In response to a question from Chairperson Bernards regarding the vacation of right-of-way, the Secretary stated that the right-of-way land would go back to the abutting property. Commissioner Sander asked whether it would be appropriate to make a stipulation that cross access would have to be put in if a traffic problem arose as a result of this use. The Secretary responded that the applicant would probably like to have such a cross access agreement and that it is easier to bring about if they have a legal right to it. He questioned whether the City could legally require such a cross access when properties were under separate ownership. He explained some of the background of Shingle Creek Parkway and access to it. Chairperson Bernards stated that it was clearly the Planning Commission ' s desire to urge the applicant to explore a cross access arrangement with Palmer Lake Plaza . He asked the applicant what would be hours of operation of this establishment. Mr. Jim Kilbury responded that the processing area would be open from 8 : 00 a .m. to 5: 00 p.m. and that the office would probably stay open until about 9: 00 p.m. and would be open from 9 : 00 a.m. until 1 : 00 p.m. on 3-12-92 2 Saturday. Chairperson Bernards asked where a similar facility existed at present. Mr. Kilbury responded that they have an establishment in Minneapolis at present. He stated that there would only be about two trucks per day delivering food and that one truck would go out per day from this location. In response to a question from Chairperson Bernards regarding odor, Mr. Mike Mularoni , the architect for the project, explained the meat processing activity that would go on in the building. He stated that meat is received that is already precut and that some further cutting would have to be done and scraps would go into a 44 gallon drum. He stated that there is very little waste in the operation because of the quality of the beef coming in. He added that there were recycling requirements which would be met. In response to a question from Commissioner Sherritt, Mr. Kilbury explained that they buy a trimmed product and that there is not a lot of waste in the process . Mr. Mularoni explained that the primary activity is the packaging of orders for individual customers. In response to another question from Commissioner Sherritt, Mr. Kilbury stated that sales would be directly to customers not to stores. He stated that Tomorrow Foods would provide their customers with all of their food needs except bread, milk and eggs for a period of as much as three months at a time. He also explained that the items are individually frozen. Commissioner Mann asked how many employees would be working at the site. Mr. Kilbury explained that most of the employees would be away from the building making sales calls, but that there would be one or two in the back room and a receptionist. Commissioner Holmes asked how long Tomorrow Foods had been in business. Mr. Kilbury stated that it was since 1989 , but that he had been doing this kind of work since 1958 . Commissioner Sherritt asked whether Tomorrow Foods hires salesmen without a commission. Mr. Kilbury stated that they get a commission, that they are actually independent agents. In response to a question from Commissioner Holmes regarding the training room, Mr. Kilbury stated that there are groups of five to six that are trained at one time, not large groups. In response to a question from Commissioner Holmes regarding the parking provided, Mr. Mularoni explained that the parking provided had been a combination of the Zoning Ordinance code and the practicality of how many people would actually be on the site at a given time. He explained that during the evening there would be people working in the lunch room on telemarketing. Commissioner Holmes asked when the building would open. Mr. Mularoni stated that they hoped to start construction in April and be open by August or September. PUBLIC HEARING (Application No. 92006) Chairperson Bernards then opened the meeting for a public hearing and then asked whether anyone present wished to speak regarding the 3-12-92 3 application. Seeing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. Commissioner Holmes stated that he was concerned about u turns in Shingle Creek Parkway. Mr. Mularoni stated that they were definitely going to pursue the possibility of an access through Palmer Lake Plaza. He showed the Commission a copy of the restrictive covenant and stated that they were going to check into whether it had been filed at the County and would pursue the matter diligently. ACTION RECOMMENDING APPROVAL OF APPLICATION OF NO. 92005 (Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Sander seconded by Commissioner Sherritt to recommend approval of Application No. 92005, subject to the following conditions: 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 to assure completion of approved 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. 7 . Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances and is subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. 3-12-92 4 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. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12 . Approval of site and building plans is subject to approval of variance application #92006 . 13 . The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U. S. Department of Agriculture prior to issuance of the certificate of occupancy. 14 . The outside storage of trailers, equipment or products is strictly prohibited. 15 . There shall be no retail sales of products on the use . site. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92006 (Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 92006 , in light of the following findings: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50 ' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2 . The circumstance of impending right-of-way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3-12-92 5 3 . The soil conditions and the future right-of-way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4 . The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5 . Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50 ' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. The Secretary stated that there was no further business, but he intended to have a meeting on March 26 with some study items. ADJOURNMENT Following a brief discussion of the 24 hour commercial operation ordinance which is under discussion by the City Council, there was a motion by a Commissioner Mann seconded by Commissioner Sherritt to adjourn the meeting of the Planning Commission. . The motion passed unanimously. The Planning Commission adjourned at 8 : 50 p.m. Chairperson 3-12-92 3-12-92 6