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HomeMy WebLinkAbout1993 07-29 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 JULY 29, 1993 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Ella Sander at 7:36 p.m. Chairperson Ella Sander, Commissioners Bertil Johnson, Mark Holmes, Robert Mickelson, 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 Kathy Stratton. APPROVAL OF MINUTES - JULY 15, 1993 Motion by Commissioner Johnson and seconded by Commissioner Hilstrom to approve the minutes of the July 15, 1993, Planning Commission meeting as submitted. Voting in favor: Chairperson Sander,Commissioners Hilstrom,Holmes,Johnson,Reem and Willson. Voting against: none. Commissioner Mickelson abstained from voting due to his absence at the July 15, 1993, meeting. 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 93009 (WENDY'S INTERNATIONAL, INC.) Chairperson Sander introduced the first item of business, a request from Wendy's International, Inc. for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive-up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93009, attached). The Secretary indicated the parapet wall on the roof will be raised several feet to provide adequate screening for rooftop mechanical equipment. He added the exterior walls surrounding the cooler will be brick to match the building. 7-29-93 1 Chairperson Sander asked whether flowers are included in the landscaping point system, as she was concerned they would only last a few months out of the year. The Secretary responded the flowers are not included and he then reviewed how the point system was calculated based on the size and type of trees and shrubs. Commissioner Holmes asked whether the site plans automatically comply with handicap codes or if this should be checked out on this particular site plan. The Secretary pointed out Condition 1 requires compliance with applicable codes prior to issuance of permits and stated this will be reviewed by the Building Official. He added the City is not required to enforce ADA requirements but many architects and builders now include handicap requirements in their plans. In response to Commissioner Mickelson's questions, the Secretary pointed out the location of the cooler, stating the majority of deliveries would be made prior to opening of the restaurant to avoid traffic congestion. He added the site plan includes two handicap parking spaces, although only one handicap space is required per 50 regular spaces per the handicap provisions of the State Building Code. Jurig Ozga, representing Wendy's International, Inc. addressed the Commission and reviewed colored artist's renditions of previously built Wendy's restaurants. He stated the hours of operation are 10:30 a.m. to 11 p.m. and no breakfast is served. . Commissioner Hilstrom asked which parking spaces would be used by cars waiting for their food from the drive-through window. Jurig Ozga pointed out which spaces would be used, and explained the first drive-through window would be used for cashiering purposes, and the second for order pick-up. Commissioner Willson questioned the time line for completion. Mr. Ozga responded they would like to start construction by the end of August and be fully operational within 75 days. PUBLIC HEARING (APPLICATION NO. 93009) Chairperson Sanders opened the meeting for the purpose of a public hearing on request for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive-up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North at 8:11 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 Mickelson and seconded by Commissioner Hilstrom to close the public hearing at 8:11 p.m. The motion passed unanimously. In response to Commissioner Reem's question, the Secretary responded the general contractor is required to submit an as-built survey to the City Engineer before the City will release the performance agreement. 7-29-93 2 The Commission discussed the need for proper grease disposal. The Secretary indicated this will be addressed by the city engineer when the building permit is issued. Mr. Ozga stated Wendy's would be willing to comply with the City's requirements, whatever they may be. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93009 (WENDY'S INTERNATIONAL. INC.) There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to recommend approval of Application No. 93009 submitted by Wendy's International, Inc. for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive-up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North, 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. 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 inspections of utility and storm drainage systems, prior to the issuance of permits. 7-29-93 3 11. The applicant shall provide a lighting plan indicating the location of site lighting which is consistent with Section 35-712 of the City ordinances prior to the issuance of permits. 12. The special use permit is granted to the applicant for a convenience food restaurant with drive-up windows as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 13. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. Voting in favor: Chairperson Sander,Commissioners Hilstrom,Holmes,Johnson, Mickelson, Reem and Willson. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary reviewed a draft ordinance amending chapter 34 (Sign Ordinance) regarding signs in multiple family zoning districts which would eliminate reference to "three or more buildings". The Secretary explained this amendment is a result of discussions with the new owners of the Northlyn Apartments which contain only two buildings, but 102 units and, therefore, not entitled to a free-standing sign. He further explained HiCrest Apartments, four buildings with only 54 units, is entitled to a free-standing sign. He stated the Council had discussed the fairness of this ordinance and referred it to the Planning Commission for their review and recommendation. He added the Council has also directed staff and the Planning Commission to consider aesthetic criteria for signs, especially in conjunction with the Brooklyn Boulevard Study. The Secretary discussed at length sign criteria that could be considered such as material used for wall base, height, lighting, size of sign in conjunction with the building, use of neon, impact on surrounding area, etc. Commissioner Hilstrom asked why the original ordinance contained a limit of three buildings in the first place. The Secretary responded he did not know, but perhaps the city used a model ordinance as a basis for their own that contained this type of provision. Commissioner Willson expressed support for requiring sign material similar to that of the building and wondered if a planter type base could be included. The Secretary reviewed various signs and their locations, as well as types of lighting options. Commissioner Johnson questioned the number of signs allowed in the case of multiple entrances since the ordinance only allows two. The Secretary gave several examples of apartment locations with multiple entrances that still only had two signs. He added the Twin 7-29-93 4 Lake North Condominiums were actually located in Crystal, though the entrances are in Brooklyn Center. He stated they must comply with Brooklyn Center's two-sign limit. Commissioner Willson expressed support of the amendment and suggested the sign ordinance be expanded in the future to include aesthetic considerations. There was a motion by Commissioner Mickelson and seconded by Commissioner Willson to recommend approval of An Ordinance Amending Chapter 34 of the City Ordinances Relating to Signs for Multiple Family Dwellings and suggest to the Council that aesthetic considerations be included and further addressed. The motion passed unanimously. OTHER BUSINESS The Secretary reported the next Planning Commission agenda will include a request for Special Use Permit and Site Plan Approval for a Holiday Gas Station at Highway 252 and 66th Avenue. He reviewed a history previous site plans approved for this site including FINA and PDQ, and indicated the Holiday Gas Station plans will probably meet all of the original considerations for approval. Commissioner Holmes requested information on previous- site plan requests for the Commission's review. Chairperson Sander expressed concern about putting a gas station on that particular site because of the heavy traffic so close to a residential area. The Secretary reported on an upcoming agenda.item for a PUD for the Brookdale Chrysler dealership. He stated approval of this rezoning request would result in the need to amend the Comprehensive Plan. He added the proposed PUD is consistent with the recent Brooklyn Boulevard Study and the Maxfield Commercial/Industrial Study. Commissioner Johnson commented on the need to resolve the covenant issues with the 81 homeowners. Commissioner Reem reported she will be out of town and will be unable to attend the August 12th meeting. Commissioner Mickelson suggested the Planning Commission encourage the City's Economic Development Coordinator, the Economic Development Commission of the Chamber of Commerce, and the Chamber of Commerce to develop a policy encouraging business to develop in Brooklyn Center. Commissioner Mickelson stated the Planning Commission should, as a body, encourage development. Commissioner Reem agreed and stated further that special efforts should be made to reconstruct buildings that have deteriorated, especially along Brooklyn Boulevard. 7-29-93 5 Chairperson Sander agreed and stated vacant or abandoned sites should be given special consideration for development. Commissioner Willson agreed with the need to consider "solid" site proposals especially on vacant commercial sites. Following discussion, a general consensus was reached that the Planning Commission encourages applicants with solid proposals for development and/or redevelopment to submit their site plans for consideration. ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:05 p.m. Chairperson Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 7-29-93 6