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HomeMy WebLinkAbout1992 07-16 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 JULY 16, 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Wallace Bernards at 7: 30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Bertil Johnson and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Kalligher had called and may arrive late. APPROVAL OF MINUTES - JUNE 11, 1992 Motion by Commissioner Sander seconded by Commissioner Holmes to approve the minutes of the June 11, 1992 Planning Commission meeting as submitted. Voting in favor: Commissioners Mann, Sander and Holmes. Voting against: none. Not voting: Chairperson Bernards and Commissioner Johnson. The motion passed. APPLICATION NO. 92009 (Lutheran Church of the Triune God) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a pre-school in the Lutheran Church of the Triune God at 5827 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 92009, attached) . Chairperson Bernards asked who the pre-school would be licensed by. The Secretary responded that it was the Department of Human Services, not the Department of Education. Mr. Wayne Chambard, the congregation president for the church, stated that enrollment in the pre-school was based on the amount of staffing provided. He stated that it was also limited by the Building Code. He stated they would start with 10 pupils and expand to the limit of 20 if there was sufficient demand. In response to a question from Chairperson Bernards, Mr. Chambard stated that the church would not restrict who could participate in the pre-school, but that there would be religious instruction at the pre-school. Commissioner Holmes noted that the play area would be across the street and asked whether there was any concern with this provision. The Secretary stated that the City does not have a problem with such an arrangement. He stated that the licensing standards probably require the play area to be within a certain distance of the church. 7-16-92 1 Commissioner Kalligher arrived at 7 :40 p.m. Commissioner Sander asked what the age of the students would be. Mr. Chambard answered that they would be pre-kindergarten students age 3 and over. Commissioner Holmes noted that there is a school across the street and asked whether there might be a traffic conflict with the proposed pre-school. The Secretary stated that he did not see any major traffic concern with the operation since there would be only 20 students. Commissioner Sander asked when the pre-school would commence. The Secretary indicated that it would be January of 1993 . PUBLIC HEARING (Application No 92009 Chairperson Bernards then opened the meeting for a public hearing and asked whether anyone present wished to speak 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. Chairperson Bernards noted that the first precinct voting was done at the church and asked whether that would continue to be the case. Mr. Chambard answered in the affirmative. He discussed the layout of the building and where the voting takes place. They also discussed arrangements for funerals relative to how that would affect the operation of the day care center. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 92009 (Lutheran Church of the Triune God) Motion by Commissioner Sander seconded by Commissioner Kalligher to recommend approval of Application No. 92009, subject to the following conditions: 1) The special use permit is issued for a pre-school for 20 children at one time. Any expansion or alteration of the pre-school operation which involves more students or school-age children will require an amendment to this special use permit. 2) The premises will be brought into compliance with all applicable state and local regulations as to fire safety, health, and building code standards for the pre-school operation and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 7-16-92 2 3) Vehicle access to the pre-school shall be through the parking lot adjacent to Irving Ave. North. Parking associated with the pre-school shall be in the parking lot and not on the public street. 4) The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. APPLICATION NO. 92010 (NEW HORIZON DAY CARE) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to install and operate a day care center in the north end of the Humboldt Square Shopping Center at 6800 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 92010, attached) . The Secretary also noted that the applicant was moving ahead with the application before the effective date of the ordinance and was, therefore, doing so at their own risk. Commissioner Sander noted the proposal for 3 ' high posts and the staff recommendation for 4 ' high posts. She asked whether this was so they would be easier to see. The Secretary responded in the affirmative. Commissioner Sander suggested that reflectors be put on these posts so that they could more easily be seen when it is dark. In response to a question from Commissioner Sander, the Secretary showed the location of a bituminous walk out to 69th Avenue North. Commissioner Johnson inquired as to the traffic flow at the dropoff point. The Secretary pointed out that there is access out to Humboldt Avenue North directly west of the dropoff point. Commissioner Holmes asked for an explanation of the gray area on the plans. The Secretary answered that it is a sodded area. Commissioner Holmes asked whether plans of the building should have been submitted. The Secretary responded in the negative stating that the Building Official would review the interior remodeling plans. Chairperson Bernards asked whether there would be f ire exits on the east side of the tenant space. The Secretary responded in the affirmative stating that these doors would be for emergency exit only in all likelihood. In response to Commissioner Sander, the Secretary explained that the tenant space division would be a one hour fire separation. He noted that the building is fire sprinklered. Chairperson Bernards asked if there was any set time for deliveries. He recommended avoiding any conflict with children in the play area and minimize traffic during the hours of operation. 7-16-92 3 Commissioner Mann inquired as to allowable signery. The Secretary pointed out that the shopping center has a freestanding sign and that no other freestanding signs would be allowed. He added that wall signs are allowed, but must be confined to the tenant space area. PUBLIC HEARING (Application No 92010) Chairperson Bernards then opened the meeting for a public hearing and asked whether anyone present wished to speak 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. Chairperson Bernards asked the applicant how many children would be served by the day care center. Ms. Cindy Cook, of New Horizon, stated that they are licensed for 116 children. She stated that the day care center needs 35 sq. ft. of space per child. She added that the number of staff and the type of staff are determined by the number and age of the children served. Chairperson Bernards inquired as to the hours of operation. Ms. Cook responded that they would normally be open from 6: 30 a.m. to 6: 00 p.m. , but might have extended hours depending on the needs of parents. Chairperson Bernards asked Ms. Cook if they had other day care centers in retail shopping centers. Ms. Cook responded in the affirmative and listed a number of other shopping centers where they are located. Chairperson Bernards stated that some of the Commission members have had reservations about changing the ordinance. Ms. Cook stated that the day care tenancy helps create a community atmosphere in the shopping center where more than one errand can be handled at a time without dragging children from one place to another. Chairperson Bernards asked as to the fate of the auto parts store. Ms. Cook stated that it was her understanding it would be relocated within the same shopping center. Commissioner Kalligher inquired as to the possibility of a pickup on the east side of the building. Ms. Cook responded that that would not be used and that any doors along that side would only be for emergency exits. She stated that the day care center has strict security procedures to control the dropoff and pickup of children. Commissioners Holmes noted that the report refers to access off 69th Avenue North on the east side of the building. The Secretary explained that that refers to access to the site in general and that people entering from that side of the site would have to drive around the building to drop their children off or enter the site via Humboldt Avenue North. Commissioner Holmes noted that the report refers to the applicant checking the adequacy of the underground irrigation system. He 7-16-92 4 inquired as to what this implied. The Secretary explained that their is underground irrigation in place along 69th and that the applicant should see whether it was adequate to cover the area that would now be sodded as part of the play area. Chairperson Bernards asked whether it would be appropriate to have a condition on this application relating to the ordinance becoming effective. The Secretary stated that that was probably not necessary. The Planner noted that the last chance to rescind the ordinance would be at the same meeting when the day care center would be considered and that the Council could clearly choose at that time which course to take. Commissioner Johnson asked who controls how the day care center is operated. The Secretary answered that the State Department of Human Services licenses the operation. Commissioner Johnson asked what the City's role is in approving the operation. The Secretary explained that the City has land use controls and requirements regarding the play area, parking location, etc. , but that the way the center would operate was not a matter for City approval. The Secretary added that staff requirements, both as to number and qualifications, are controlled by State Statute. Commissioner Kalligher asked whether it would be appropriate to add a condition relating to the raising of the posts in front of the dropoff area. The Secretary asked the applicant whether they had any objection to that provision. There was no objection on the part of the applicants. Commissioner Sander also suggested the reflectors and stated that she felt that the proposal was a very good addition to Humboldt Square Shopping Center. Commissioner Holmes noted the passage in the report relating to the possibility of denying a use that had too many land use conflicts. He expressed concern about the conflict with the gas station and asked how much leeway the City had in denying a special use permit. The Secretary pointed out that the pump islands for the gas station are on the opposite side of the building, some distance from the play area. In response to Commissioner Kalligher, the Secretary discussed the location of the play area relative to the gas station and stated that there may be some noticeable noise or fumes from the gas station, but that he did not think these were severe enough to deny the special use permit. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92010 (New Horizon Day Care) Motion by Commissioner Johnson seconded by Commissioner Sander to recommend approval of Application No. 92010, subject to the understandings contained in the record regarding the posts at the dropoff area and subject to the following conditions: 7-16-92 5 1) The special use permit is issued for a day care center use as described in the applicant's submittal and plans dated July 2, 1992 . Any alteration or addition to the day care center will require an amendment to this special use permit. 2) The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3) Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4) Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5) 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. 6) Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7) Plan approval acknowledges the combined use of a coated chain link fence and 53 Arborvitae shrubs at least 3 ' in height as a substitute screening treatment for the outside play area. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. Mr. Clem Springer noted that the entrance point shown on the plans was not definitely set at this point and that it may be moved somewhat to the north. He stated that the floor space shown on the plan approximated the need for the day care center, but that there may be some slight adjustment between now and when the building permit is applied for The Secretary acknowledged these possibilities and stated that if there was any significant change in the plans, they would have to be referred back to the Planning Commission. 7-16-92 6 DISCUSSION ITEM a. Real Estate Sign Ordinance The Secretary then introduced the next item of discussion, two alternate drafts of a real estate sign ordinance relating to space for lease signs for both multi family buildings and commercial and industrial buildings. He stated that one option would require a permit and the other option would not. He stated that the provisions are otherwise fairly similar and reviewed those basic provisions. He stated that the Planning Commission had had some discussion about Administrative Land Use Permits for apartments to allow banners. He recommended that the Commission also recommend an amendment to the Zoning Ordinance to allow such permits for large apartment complexes, but not for smaller apartment buildings. Commissioner Johnson asked about the 95% provision relative to apartments. The Planner explained that the ordinance as drafted would allow real estate signs whenever a vacancy exists. Commissioner Johnson inquired as to some of the large temporary signs that he sees around the community . promoting various businesses. The Secretary explained that such signs are allowed by Administrative Land Use Permit for up to 10 days and that each business in the community is allowed two such permits per year. Commissioner Johnson noted that some buildings have a lot of glass and asked whether they would be entitled to use all of that glass for interior signs. The Secretary stated that as long as the signs are placed inside the window, there is no limit on the size of such signs. Mr. Kent Warden, of the Building Owners and Managers Association of Minneapolis, briefly addressed the Commission. He stated that he felt that the ordinance is a workable ordinance and that his organization would cooperate with its enforcement. He stated that it did not provide all that they would like, but that it was a reasonable compromise. He stated that he would concur with the staff recommendation that the permit process is a costly option both for the City and for real estate brokers and preferred to avoid such a procedure. He recommended that the City try the ordinance without a permit and that if there is a problem, a permit provision can be adopted later. He then introduced Mr. John Kelly of Ryan Properties. Mr. Kelly briefly stated that the ordinance does restrict the size of signs and that it would be preferable to have larger signs, but that the size allowed for in the ordinance is at least adequate. He agreed with Mr. Warden that the permit would be a costly addition to such advertising. Chairperson Bernards asked whether this ordinance would put the City in the same ball park relative to other suburbs. Mr. Kelly stated that some other communities are more restrictive and some are more lenient. He stated that he believed that Brooklyn Center would begin to set .the standard. Chairperson Bernards stated that 7-16-92 7 he wanted Brooklyn Center to be competitive in marketing its properties, but that they did not want to give away the ship. The Secretary noted that a survey of other communities was included in last meeting's agenda packet. The Secretary also stated that he would recommend no permit be required for such signs, noting that other real estate signs are not treated that way. Chairperson Bernards asked whether a change to require a permit could be made fairly simply. The Secretary stated that the process would be similar to what the Planning Commission and Council are going through at this ordinance amendment. Mr. Kelly stated that allowing Administrative Land Use Permits for apartments to have banners occasionally would be very useful. He stated that when these banners are up, more tenants apply and that it is easier to screen and get better tenants in the process. In response to a question from Commissioner Sander, the Secretary stated that the Planning Commission could direct staff to prepare such an ordinance and that staff would work out the wording and forward it on to the City Council. Otherwise, it could be brought back for Planning Commission consideration. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT RELATING TO REAL ESTATE SIGNS Motion by Commissioner Sander seconded by Commissioner Mann to recommend adoption of an ordinance amendment relating to real estate signs not requiring a permit. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. Commissioner Kalligher asked who enforced the 10 day permits. The Secretary answered that the code enforcement officers from the Police Department do the enforcement on those permits. ACTION DIRECTING STAFF TO PREPARE AN ORDINANCE AMENDMENT REGARDING ADMINISTRATIVE LAND USE PERMITS FOR MULTI FAMILY APARTMENTS Motion by Commissioner Sander seconded by Commissioner Holmes to direct staff to prepare an ordinance amendment to allow Administrative Land Use Permits for large multi family apartments and forward it on to the City Council with a favorable recommendation from the Planning Commission. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. INFORMATIONAL ITEM a. Improvements at Brookdale Unocal The Secretary briefly reviewed the proposed improvements at Brookdale Unocal, including closing an access and new canopies. He explained that the. City has not required a formal application for 7-16-92 8 canopies in the past and pointed out that Unocal has agreed to close one access. The Planning Commission concurred with staff action. The Secretary stated that there would be no meeting on July 30 since there was no business. In a discussion of garage sales it was recommended that the City newsletter contain an article. ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Kalligher to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9: 11 p.m. . Chairperson 7-16-92 9 1 1