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HomeMy WebLinkAbout1992 08-27 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 AUGUST 27, 1992 CITY HALL CALL TO ORDER The Planning commission met in study session and was called to order by Chairperson Wallace Bernards at 7: 30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Bertil Johnson, Mark Holmes, and Barb Kalligher. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Sander had called and would be late. APPROVAL OF MINUTES - AUGUST 13 1992 Motion by Commissioner Johnson seconded by Commissioner Kalligher to approve the minutes of the August 13 , 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. Application No. 92012 (Omni Tool) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to construct a 15,958 sq. ft. addition to the industrial building at 3500 48th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 92012, attached) . Commissioner Johnson asked where the future storm sewer would drain. The Secretary answered that it would probably drain into Ryan Lake. Commissioner Johnson asked if there was any way to avoid that. The Secretary answered that the City may install a ponding area to settle out some of the debris for purification before the water would drain into Ryan Lake. Commissioner Johnson stated that he was concerned regarding drainage going into a lake. The Secretary stated that watershed regulations govern the rate and quality of runoff and that the City may provide some ponding improvements for purification and to control the rate of runoff before the water would enter Ryan Lake. Commissioner Sander arrived at 7: 55 p.m. Chairperson Bernards asked whether the relocation of the drainage and utility easement would pose any financial burden on the Thompson property to the north, or similarly, whether the regrading to the east would affect that property. The Secretary answered 8-27-92 1 that it probably would not. He stated that the owner, however, would have to bear all the expense of relocating utilities and doing any grading. Chairperson Bernards asked whether the landscape point system was applicable to this development. The Secretary answered in the affirmative. He noted that the landscape plan does comply with the point requirement of the point system. He explained the point system to the new Commissioners and noted that it was adopted by the Commission by resolution and has been used to evaluate landscape plans for a number of years. Chairperson Bernards asked whether Condition No. 16 regarding the waiver of the driveway separation requirement would require a variance. The Secretary stated that he did not feel a variance was required in this case. He stated that' the truck access drive has a very limited function and that these are not two driveways serving parking lot areas. Commissioner Kalligher noted that the old setback of the building was 301 . She asked when this requirement was changed to 351 . The Secretary answered that he was not sure, but that the 30 ' requirement probably goes back to the 1950 's. He stated that the setback has been 35 ' at least since 1968 . Commissioner Holmes asked whether the new setback would be applied to the existing building. The Secretary answered that, if that existing building were being modified, then there would be a basis for requiring it to conform to the setback requirement presently in place. Chairperson Bernards asked the applicant whether he had anything to add. Mr. Wally Waffensmith of Omni Tool stated that he had nothing to add to the report. Chairperson Bernards asked what were the hours of operation for the building. Mr. Waffensmith answered that they were open from about 6: 00 a.m. to 3 : 00 a.m. Chairperson Bernards noted that the power lines in the area seem rather low and wondered whether this would pose a problem for trucks. Mr. Waffensmith stated that the trucks will be able to fit beneath the power lines. Commissioner Mann asked Mr. Waffensmith whether he accepted the conditions recommended in the staff report. Mr. Waffensmith responded that he understood and could live with the conditions as proposed. Commissioner Holmes asked what the nature of the Omni Tool business was. Mr. Waffensmith stated that it was a tool and die business and that they build machines. Chairperson Bernards asked how security was in that area. Mr. Waffensmith stated that it was fine. He stated that the area is a good area and that is why they are adding on to this building rather than relocating. The Secretary added that staff are very positive about the proposed addition. He stated that the redevelopment of this area has been slow over the years, but that this would be a welcome addition. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92012 (Omni Tool Motion by Commissioner Mann seconded by Commissioner Kalligher to 8-27-92 2 recommend approval of Application No. 92012 , 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. 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 applicant shall sign the truck access drive to prohibit parking of any vehicles in the driveway in front of the building. 12 . With the consent of the owner of the property to the north, the applicant shall relocate the water and sanitary sewer lines presently running through the property to the west of the proposed building and dedicate a new drainage and utility easement prior to the 8-27-92 3 issuance of permits for the building. 13 . The applicant shall apply for and receive approval of the vacation of the existing utility easement prior to the issuance of permits for the building. 14. The property owner shall enter into a restrictive covenant to be filed with the title to the property requiring that on-site storm sewer be installed and connected to City storm sewer in 48th Ave. N. within one year of when it becomes available. 15. The applicant shall obtain the consent of the neighboring property to the east to modify the common drainage way serving these two properties. If such consent is not forthcoming, the applicant shall revise the grading plan, subject to the approval of the City Engineer, prior to the issuance of permits. 16. Plan approval acknowledges a waiver of the 50 ' separation requirement between driveways in lieu of the limited use of the easterly truck access drive. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. DISCUSSION ITEMS a. Commercial and Industrial Sideyard Setback The Secretary then introduced a discussion item of the commercial and industrial sideyard setbacks. He explained to the Commission that the 50 's Grill on Brooklyn Boulevard wanted to expand its kitchen area to the south side of the building. He stated that this proposal was considered by the City Council as a discussion item in May or June of this year and that the Council directed that the matter of sideyard setbacks be considered during the Brooklyn Boulevard study. He stated that the planning consultant recommends keeping the 50 ' front setback at this time, but that the sideyard setbacks could be varied. The Secretary noted that the present ordinance allows for buildings to be attached, but that if they are not attached they must be at least 10 ' from a side interior property line. The Secretary suggested to the Commission that it consider an ordinance to allow waiver of the 10 ' setback requirement to either attach at the property line or to allow something less- than 10 ' provided that the requirements of the building code are met and provided that there is at least 10 ' on the other side of the building. The Secretary reviewed transparencies showing optional setbacks for buildings. The Secretary noted that a 5 ' setback 8-27-92 4 would allow for openings, but that if the setback is less than 51 , no openings in the wall could be allowed. He stated that another concern is whether the areas that would be left between the buildings would be maintainable. He recommended that some setback requirement be retained of at least 3 ' if buildings are not attached and that building code requirements must be met. Chairperson Bernards asked whether these lesser setbacks would make buildings unsafe. The Secretary stated that he had talked with the fire chief about the matter and that he does not see the proposal as a problem. He noted that most buildings are fire sprinklered and that the fire chief noted that they have the same problem fighting a fire in an enclosed space at Brookdale. He stated that the fire chief indicated that he would not send a fire fighter between two buildings if the buildings were on fire whether the setback was 10 ' or 31 . The Secretary stated that the fire chief was not concerned if the buildings were attached as long as they were sprinklered. In a response to a question from Commissioner Holmes about allowing a zero lot line setback, the Secretary stated that a zero setback could be allowed if buildings were attached, but that this should not be allowed for one building by itself. He compared the ordinance provision he was suggesting for commercial setbacks to a provision allowing a lesser setback in residential areas. Commissioner Holmes asked if there is a restriction now on fences. The Secretary responded in the negative. He stated that the City recommends keeping fences at least 6" inside a property. He added that there are fencing and screening requirements between commercial and residential properties. He stated that reducing the setback requirement would not reduce the buffer requirements. He added that Tim Griffin, of Dahlgren, Shardlow and Uban, the consultant on the Brooklyn Boulevard Study, has recommended that there be a break every so often so that the City does not have three or four blocks of attached buildings. Commissioner Mann stated that she was comfortable with the 3 ' setback as long as there was no openings. In response to a question from Commissioner Holmes, the Secretary explained that a solid wall would be required if the setback was less than 51 . Commissioner Johnson brought up the example of the Amoco Station and the Quie Viet Restaurant on Brooklyn Boulevard. The Secretary noted that there is an arm of residential land between these two properties and that this land would have to be rezoned and replatted in order for the buildings to come closer together. Commissioner Johnson asked whether the City desired some buildings to be as close as 31 . The Secretary answered that he believed it is an aesthetic judgment. He stated that a 10 ' setback would still have to be maintained on the other side of the building. He added that Dahlgren, Shardlow and Uban recommnend keeping the 50 ' front yard setback since that requirement will allow for some uniformity of urban design along Brooklyn Boulevard. Chairperson Bernards concluded that the recommendation to reduce the setback would not be giving a license to build at 31 , but that the 10 ' setback would 8-27-92 5 still be the basic setback. He asked if a 3 ' or a 5 ' setback would only be allowed in certain circumstances. The Secretary responded in the affirmative. He stated that a waiver could be allowed similar to what is acknowledged in the ordinance at present for a zero lot line setback. Commissioner Johnson asked why it should be called a waiver and why it should not be simply made an ordinance. The Secretary answered that the provision would be similar to the provision allowing a lesser setback for one and two family dwellings provided certain conditions are met. Commissioner Holmes asked how a waiver would be obtained. The Secretary answered that it would be similar to the waiver granted tonight to Omni Tool regarding the separation of driveways. He stated that a Planning Commission and Council review would be required if a site and building plan application was involved. MOTION TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT ALLOWING A 3 ' SIDEYARD SETBACK WITH A 10 ' SETBACK ON THE OTHER SIDE IN COMMERCIAL AND INDUSTRIAL ZONES Motion by Commissioner Mann seconded by Commissioner Kalligher to direct staff to prepare an ordinance amendment allowing a 3 ' sideyard setback provided that a 10 ' setback was maintained on the other side and provided that Building Code requirements are met. While the motion was on the floor, Commissioner Johnson asked whether the restrictions on windows and doors are in the Building Code. The Secretary responded in the affirmative. Commissioner Kalligher asked how this would affect the 50 's Grill. The Secretary answered that they could proceed with a site and building plan application at their own risk with the understanding that no building permit could be issued until after the ordinance had become effective. Voting in favor of the above motion: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. b. Educational Uses in the C1 Zoning District The Secretary then referred the Commission' s attention to a draft ordinance prepared for this evening's meeting to allow educational uses by special use permit in the C1 and C1A zones and to provide for parking requirements for schools and colleges. The Planner reviewed the parking formulas in the Draft Ordinance stating they came from Brooklyn Park's ordinance and also from the City's past experience with the high school and Earle Brown School. He added that he had discussed parking with the Director of Facilities of the Community College System and that it was recommended that parking be provided on the basis of 2/3 to 3/4 of a space for each "teaching station" in the building. He stated that this would allow for differences between types of classrooms, rather than sticking with one basic square footage formula. Chairperson Bernards asked whether some of the schools in the City 8-27-92 6 would become nonconforming. The Planner stated that that was a concern and a possibility. He noted that most of the elementary schools in the City have parking close to what the formula would recommend and that they have extra land to provide more parking should that be required. He stated that they could be grandfathered in their existing condition. The Secretary stated that there are peak demands between classroom use and assembly use. He stated that after dealing with the Metro State University application, it was clear that some formula greater than 1 space for every 200 sq. ft. would be required for an educational use. Chairperson Bernards suggested that the draft ordinance be run by the four school districts serving the City. The Secretary answered that that could be done. There followed a brief discussion of the upcoming Vision Workshop and recent commercial vacancies. Commissioner Sander also provided a photograph showing a parking problem at 50th and France Avenues North. The Secretary stated that staff would look into that illegal parking. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Kalligher to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:26 p.m. Chairman 8-27-92 7 1 1