HomeMy WebLinkAbout1993 07-15 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 15, 1993
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairperson
Sander at 7:32 p.m.
ROLL CALL
Chairperson Ella Sander, Commissioners Bertil Johnson, Mark Holmes, Dianne Reem,
Debra Hilstrom and Tim Willson. Also present were the Secretary to the Planning
Commission, Planning and Zoning Specialist Ronald Warren and Planning Commission
Recording Secretary Arlene Bergfalk. Commissioner Mickelson has called to indicate he
was unable to attend this evening's meeting and was, therefore, excused. The Secretary
introduced the Recording Secretary to the Commissioners.
APPROVAL OF MINUTES - July 1, 1993
Commissioner Hilstrom requested that her first name be corrected to Debra in the Roll Call
of the July 1, 1993 Study Session minutes. Motion by Commissioner Johnson seconded by
Commissioner Hilstrom to approve the minutes of the July 1, 1993, Planning Commission
Study Session as corrected. Voting in favor: Commissioners Hilstrom, Holmes, Johnson,
Reem and Willson. Voting against: none. Chairperson Sander abstained. The motion
passed.
CHAIRPERSON'S EXPLANATION
Chairperson Sander explained that the Planning Commission is 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.
APPLICATION NO. 93003 (RANDY RAU)
APPLICATION NO. 93004 (RANDY RAU)
Chairperson Sander stated Application Nos. 93003 and 93004 will be combined for
consideration. She introduced Application No. 93003, request for site and building plan and
special use permit approval to make an addition to and modify the existing gas
station/convenience store at 6849 Brooklyn Boulevard, and Application No. 93004, request
for a variance from Section 35-700 of the Zoning Ordinance to allow less than a 15'
greenstrip along 69th Avenue North at 6849 Brooklyn Boulevard.
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The Secretary reviewed the contents of the staff reports (see Planning Commission
Information Sheets for Application Nos. 93003 and 93004 attached.)
Chairperson Sander asked whether the car wash on this site is different than that approved
at the Phillips 66 site. The Secretary explained the car wash at this site is a conveyor type
whereas the Phillips 66 wash is a one-car stall type. Sander asked whether there will be
signs indicating the stacking area to avoid blocking the driveway. The Secretary stated
directional signs will need to be provided to prohibit vehicles from blocking the Brooklyn
Boulevard entrance/exit and indicated that perhaps additional signage could be required as
a condition to avoid any stacking that would block that entrance. Sander said she believes
such signage is necessary.
Commissioner Johnson expressed concern regarding the location of handicapped parking on
the site. He stated it could be treacherous from icy conditions caused by the car wash and
recommended another location be designated for handicapped parking. Johnson expressed
concern regarding the landscaping proposed which combined with parked vehicles would
impair the vision of drivers exiting on to Brooklyn Boulevard. Johnson inquired about the
status of the Phillips 66 approval relating to the 15' greenstrip. The Secretary stated the
Planning Commission's recommendation was that if there was something less than 15', the
ordinance should be amended to allow that. He stated as a result of the study of Brooklyn
Boulevard, a recommendation indicated no objections to using other methods to screen
rather than just distance to allow some flexibility. He indicated the staff is studying a
recommendation for an overlay ordinance for Brooklyn Boulevard only with special
considerations including greenery and walls. The Secretary described the landscaping
proposed for this site and compared it with that approved for the Phillips 66 site. In
response to Johnson's question regarding a County easement along 69th Avenue, the
Secretary noted the easement is already in place.
Commissioner Willson questioned the reference to Resolution No. 93-34 noting that the
staff report contained a reference to Resolution No. 93-243. The Secretary stated the
correct Resolution No. is 93-34. In response to Willson's question, the Secretary described
the locations of the walls proposed for the site and compared them with those approved for
the Phillips 66 site.
Commissioner Holmes requested clarification of the parking requirements for the site. The
Secretary reviewed the previous requirements under the 1984 expansion and explained the
modifications to parking under this operation, and noted parking provided will be adequate.
Commissioners Holmes and Hilstrom requested clarification of the setback requirement on
the south property line. The Secretary explained that the addition constructed will be
38x40' to allow for a minimum 5' setback since the property is not attached at a property
line with an adjacent building and also because of the existence of a 5' drainage and utility
easement along the south property line.
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Commissioner Reem questioned the ownership of the fences and expressed concern whether
there is adequate space for two-way traffic with the proposed addition of another row of
gasoline pumps. The Secretary stated he was unsure of the ownership of the fences. He
stated the City Engineer will review and provide a recommendation on the adequacy of the
circulation pattern. The Secretary reviewed the applicant's proposal to encroach about 3-1/2'
into the greenstrip along 69th to provide enough area around the pump islands for proper
circulation and noted the applicant is willing to narrow the greenstrip further if the City
believes it is necessary for better site circulation and to provide a brick screen wall if the
City believes it is necessary.
Chairperson Sander and Commissioner Reem agreed the applicant should re-locate the
handicapped parking space.
In response to Chairperson Sander's question, the Secretary described the screen wall
requirements and noted the future possibility of an additional turn lane on 69th Avenue.
Randy Rau, the applicant, described the variance he is requesting to encroach into the
required greenstrip in order to accommodate additional parallel pump islands on his site and
made reference to the variance previously granted to Phillips 66. He responded to questions
from the Commissioners. He described the landscaping on the site and stated he preferred
grass and greenery over construction of walls. He indicated the visual. site lines will be
improved by using trees rather than hedges. He stated the parking and fire lane allowance
on the site remain the same and circulation will remain basically the same as it currently
exists. He described the stacking area for the car wash operation. He described the car
wash operation stating that an attendant will be on site to guide the vehicles onto the
equipment, payment will be collected inside the store, and hours of operation will be 8 a.m.
to 8 p.m. Rau indicated the architect will consider another location for handicapped
parking. He stated that although he did not erect the fences, he believes he is the owner
of the fences on the property. Rau indicated additional underground tanks will not be
installed and fiber-glass piping will be used to connect service to the new pump island. He
anticipates operations will continue during construction and assured the Commissioners the
site will be maintained and construction debris contained.
Commissioner Reem expressed concern regarding the "look" of Brooklyn Boulevard and
encouraged the applicant to ensure maintenance of the landscaping.
PUBLIC HEARING (APPLICATION NOS. 93003 AND 93004)
Chairperson Sander opened the public hearing at 9:10 p.m. on the request for site and
building plan and special use permit approval to make an addition to and modify the existing
gas station/convenience store and on the request for a variance from Section 35-700 of the
Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North at 6849
Brooklyn Boulevard. She inquired if there was anyone present who wished to address the
Commission, no one appeared to speak, and she entertained a motion to close the public
hearing.
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CLOSE PUBLIC HEARING
There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to
close the public hearing at 9:10 p.m. The motion passed unanimously.
Commissioner Holmes referred to the City Engineer's letter regarding the application. The
Secretary stated that while there are some open items, the application, if approved, would
be contingent on the Engineer's approval. Commissioner Willson reiterated the request to
have the City Engineer consider parking,circulation pattern and the location of handicapped
parking.
Commissioner Johnson stated the preferred manner of dealing with the greenstrip issues is
by considering an amendment to the ordinance. The Secretary noted the Consultant
studying Brooklyn Boulevard may make a recommendation to that effect and an overlay
ordinance may be forthcoming during the year. The Commissioners wished to convey to the
Council its desire to amend the ordinance.
The Secretary stated that with respect to the precedent set, variance requests will continue.
The Secretary described some ideas for flexibility in dealing with variances. Commissioner
Willson pointed out the precedent is making the issue difficult to deal with. Chairperson
Sander stated a narrower green strip is preferred in order to provide better circulation on
the site. The Secretary noted a screen wall would be required if the strip was reduced to
0'. Commissioner Willson preferred to keep as much green space. The Secretary suggested
if the Engineer's recommendation results in less than 5', the matter will be referred back to
the Planning Commission, however, he expressed confidence the matter can be mutually
resolved and a report will be made back to the Planning Commission.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 93003 (RANDY
RAU
Motion by Commissioner Willson and seconded by Commissioner Reem to recommend
approval of Application No. 93003 submitted by Randy Rau, 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 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 by the City Manager) shall be submitted prior to the issuance of
permits.
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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. Underground irrigation shall be extended to any new or modified 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 driving and parking areas where
the site is being modified.
9. The applicant shall submit an as-built survey of the property, improvements and
service lines, prior to the release of the Performance Guarantee.
10. Approval of this application is contingent upon the granting of a variance under
Planning Commission Application No. 93004 or alterations to the_ property.
11. The amended special use permit is granted to the applicant for an expanded gas
station/convenience store/car wash at 6849 Brooklyn Boulevard as contained in the
plans submitted. Any expansion or alteration of the use shall require additional
amendments to this special use permit.
12. The special use permit is subject to all applicable codes, ordinances and regulations,
any violation thereof could be grounds for revocation.
13. The plan should be modified prior to the issuance of building permits to show a
minimum 5' building setback along the south property line to coincide with a .5'
drainage and utility easement and to provide a more appropriate location for the
handicapped parking.
14. Appropriate signage is required on Brooklyn Boulevard to avoid blockage of the
intersection.
15. Approval is subject to the Engineer's study and approval of the circulation pattern
on the property.
Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes,Johnson,Reem and
Willson. The motion passed.
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ACTION RECOMMENDING APPROVAL OF APPLICATION NO 93004 (RANDY
RAU
Motion by Commissioner Willson and seconded by Commissioner Hilstrom to recommend
approval of Application No. 93006 submitted by Randy Rau, based on a precedent
established in granting the variance for Phillips 66 under Planning Commission Application
No. 92003 and that the site is an irregularly shaped parcel and to deny the variance would
create a hardship to the applicant in that he would not be able to develop the property in
a reasonable manner.
Voting in favor: Chairperson Sander, Commissioners Hilstrom,Holmes,Johnson, Reem and
Wilson. The motion passed.
The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m.
APPLICATION NO. 93005 (CRACKER BARREL OLD COUNTRY STORE_)
Chairperson Sander introduced Application No. 93005, request for site and building plan
approval to construct a 9,848 square foot restaurant/gift shop at 1501 James Circle North.
The Secretary reviewed the contents of the staff report (see Planning Commission
Information Sheet for Application No. 93005 attached).
Chairperson Sander asked when the facility plans to open. Commissioner Willson requested
further information regarding access to the location by fire and safety equipment since the
site is accessed by only one entrance (James Circle) and expressed concern regarding access
to the fire hydrants in the parking area. The Secretary noted the locations of the fire
hydrants would be determined by the Fire Chief. He stated the Fire Department is
prepared and accustomed to finding alternative access to sites. Commissioner Reem asked
whether the ponding area near the Olive-Garden will remain. The Secretary explained it
was designed as a retention pond with anticipated projected development in the Richardson
Park area. The runoff from the Cracker Barrel site will drain to that pond prior to flowing
into the storm sewer.
The Secretary explained the approval process noting a public hearing is not required for this
application.
Mr. Les Taylor, real estate manager, Cracker Barrel, stated the Secretary described the
proposal adequately and indicated he and Mr. Bill Snodgrass, construction manager, were
prepared to answer the Commissioners' questions.
Commissioners Johnson and Reem spoke highly of the restaurant and its atmosphere having
personal knowledge of those located elsewhere.
The Cracker Barrel representatives described the origin of the family type restaurant and
noted this will be the first location in the Twin Cities area. Breakfast, lunch and dinner will
be served 6 a.m.-10 p.m. daily with Friday and Saturday service to 11 p.m. 1W
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Mr. Taylor stated the company is developing a variation of it's theme and signage to comply
with the City's signage specifications.
Commissioner Holmes requested clarification of the lighting on the site. The construction
manager described the lights as 175 watt low-glare sodium luminaries located at 12' to 15'
high poles. He explained the location of three down-ward positioned security spot lights.
A free-standing sign will be located near the freeway and a directional sign at James Circle.
The construction manager reviewed the construction schedule and indicated opening of the
restaurant is planned for January-February 1994.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO.. 93005 (CRACKER
BARREL OLD COUNTRY STORE)
Motion by Commissioner Hilstrom and seconded by Commissioner Johnson to recommend
approval of Application No. 93005 submitted by Cracker Barrel Old County Store, 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 thee 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 and 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. A minimum of 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 the release of the performance guarantee.
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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 building permits to include the
following:
a) Modification to the landscape plan indicating the location of 7 Sugar Maple.
b) Modification to the trash enclosure detail to indicate a wood opaque gate as
opposed to a chain link gate with metal slats for screening purposes.
Voting in favor: Chairperson Sanders, Commissioners Hilstrom, Holmes, Johnson, Reem,
and Willson. The motion passed.
APPLICATION NO. 93006 (HILLS GILBERTSON ARCHITECTS INC.)
Chairperson Sander introduced Application No. 93006, request for site and building plan
and special use permit approval to construct a 3,048 square foot addition to the existing
Salvation Army office building at 2300 Freeway Boulevard.
The Secretary reviewed the contents of the staff report (see Planning Commission
Information Sheet for Application No. 93006 attached).
Chairperson Sander stated the proposed landscaping appears to be concentrated in one area
primarily around the proposed addition and suggested the applicant provide a better
distribution of the proposed additional greenery to include the entire site. The Secretary
described the type and locations of the proposed landscaping.
Commissioner Reem suggested the 6" spruce tree scheduled for removal be relocated to
another part of the site. She asked what types of goods would be delivered to the receiving
dock. The Secretary stated office supplies would be delivered and clarified that this
Salvation Army location is not a distribution point and no semitruck/trailers would be
entering the area. He verified that the building complies with the ordinance in terms of its
distance from Shingle Creek and noted the proposed layout of the building addition and
revisions to the parking lot and storm drain system will not require approval by the
Watershed District.
Mr.Tim O'Brien, Project Architect, representing Hills Gilbertson Architects, Inc., stated the
Commissioners'comments regarding the landscaping are appropriate and indicated the plan
for landscaping will be reexamined taking the entire property into consideration. He stated
the 6" spruce tree will be relocated as suggested.
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PUBLIC HEARING (APPLICATION NO. 93006)
Chairperson Sanders opened the public hearing on the request for site and building plan and
special use permit approval to construct a 3,048 square foot addition to the existing Salvation
Army office building at 2300 Freeway Boulevard at 10:35 p.m. She inquired if there was
anyone present who wished to address the Commission, no one appeared to speak, and she
entertained a motion to close the public hearing.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Holmes and seconded by Commissioner Hilstrom to
close the public hearing at 10:35 p.m. The motion passed unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93006 (HILLS
GILBERTSON ARCHITECTS, INC.
Motion by Commissioner Johnson and seconded by Commissioner Holmes to recommend
approval of Application No. 93006 submitted by Hills Gilbertson Architects, Inc., 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, 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 by the City Manager) shall be submitted prior to the issuance of
permits.
4. Any on-site trash disposal facilities and rooftop mechanical equipment shall be
appropriately screened from view.
5. The building addition is to be equipped with an automatic fire extinguishing system
to meet with NFPA standards and shall be connected to a central monitoring device
in accordance with Chapter 34 of the City Ordinances.
6. The underground irrigation system shall be extended to new 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 new parking and driving areas.
9. The applicant shall enter into a revised Proof-of-Parking agreement acknowledging
that they will install up to 90 parking spaces on the site upon determination by the
City that any or all of these parking stalls are required.
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10. The Special Use Permit granted to the Salvation Army in 1983 for an office use in
the I-1 Zoning District is amended to acknowledge the expansion of this office area.
Any modifications to the use of this property that is inconsistent with the granting of
this amended special use is prohibited.
11. The 6" spruce tree to be removed due to the addition shall be relocated and the
proposed landscaping surrounding the addition shall be re-arranged taking into
consideration the entire site and existing building.
Voting in favor: Chairperson Sander, Commissioners Hilstrom,Holmes,Johnson, Reem and
Willson. The motion passed.
OTHER BUSINESS
The Secretary requested the Commission to consider a plan for a Wendy's restaurant as an
agenda item for the next study session. The Commission concurred with the
recommendation.
Commissioner Reem commented on the locations of vacant buildings in the City and
inquired whether there is an organized group responsible for approaching businesses to
relocate into Brooklyn Center. The Secretary stated that function is performed by the City's
Economic Development Coordinator and the Economic Development Committee of the
Chamber of Commerce. He briefly reviewed the names of companies currently considering
moving to various vacant buildings. In response to Commissioner Reem's question, the
Secretary suggested Commissioners and/or residents may contact any member of the City
staff or the Chamber of Commerce for further information. In addition, he indicated
potential businesses are strongly influenced by the personal contacts made by residents with
suggestions or requests for specific services and urged the Commissioners to do so.
ADJOURNMENT
Motion by Commissioner Hilstrom seconded by Commissioner Holmes to adjourn the
meeting of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at 10:47 p.m.
Chairperson
Recorded and transcribed by:
Arlene H. Bergfalk
TimeSaver Off Site Secretarial
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