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HomeMy WebLinkAbout1988 09-08 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CE14TER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 8, 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Wallace Bernards, and Bertil Johnson. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, EDA Coordinator Brad Hoffman and Recording Secretary Mary Lou Larsen. Chairman Lucht noted that Commissioners Lowell Ainas and Mike Nelson could not attend this evening's meeting and were excused. ADMINISTER OATH OF OFFICE The Secretary administered the oath of office of Planning Commissioner to Ellamae Sander. He stated she will replace Commissioner Ann Wallerstedt and complete her term of office. APPROVAL OF MINUTES - AUGUST 11, 1988 Motion by Commissioner Malecki seconded by Commissioner Bernards to approve the minutes of the August 11 , 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, and Bernards. Not voting: Commissioners Sander and Johnson as they did not attend that meeting. APPLICATION NOS-88010 AND 88011 (Minnesota State High School League and Beisner Ltd. ) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a headquarters office building for the Minnesota State High School League. He stated there is also a companion application for preliminary registered land survey approval. He reviewed the staff reports (see Planning Commission Information Sheets for Application Nos. 88010 and 88011 attached). He stated there is a public hearing required on each application, the proper notices have been sent and the applicant is present to answer questions. The Secretary called the Commission's attention to the addendum to Applicaiton No. 88010 revising Condition No. 14 to include a proof-of-parking plan. He explained that Condition No. 15 could be eliminated as the applicant submitted revised plans for this evening's meeting. He asked the City Engineer if the Watershed Management Commission had approved these applications. The City Engineer responded in the affirmative. A discussion ensued regarding access to the site. Commissioner Johnson asked who Parkway Circle belongs to. The Secretary explained that Parkway Circle is a private roadway with all of the owners of the buildings participating in that ownership. Commissioner Johnson asked if this is a permanent access. The Secretary stated that it is a permanent access and there are documents stipulating right of access and maintenance responsibility for all participants. Commissioner Bernards inquired if there are two accesses and if there will be a problem with having an access from Freeway Boulevard. The Secretary responded that there should be no problem, but it might be advisable to have a stop sign in that area. 9-8-88 _1_ Chairman Lucht asked the applicant if he had anything to add. John Bartz, Assistant Director of the Minnesota State High School League, explained that there would be no significant traffic impact generated by this office building. He stated they will have 17 employees and board meetings will take place eight times during the year with no more than 21 people attending. Al Beisner, developer for the project, stated that 90% will exit out the back door onto Parkway Circle which should eliminate congestion on Freeway 'Boulevard. PUBLIC HEARING (Application Nos. 88010 and 88011) Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Malecki to close the public hearing on the special use permit comprehended under Application No. 88010 and the preliminary registered land survey comprehended by Application No. 88011. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. Commissioner Sander asked if there are any development proposals for Tract B. Al Beisner, developer for the project, answered that there is nothing definite at the present time. The Secretary explained there have been proposals discussed previously, but they are inappropriate uses for the area. He stated that an ordinance amendment is being drafted to affect this property that will discourage these inappropriate uses. Mr. Beisner stated he is in agreement with the ordinance amendment. Commissioner Bernards stated he is happy to see the Minnesota State High School League office being built in Brooklyn Center as it will be good for the community. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88010 (Minnesota State High School League) Motion by Commissioner Bernards seconded by Commissioner Malecki to recommend approval of Application No. 88010 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. 9-8-88 -2- 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B112 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 in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 11. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. Ponding areas required as a part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 13. The applicant shall execute a cross access agreement for shared access across the Holiday Inn property to the west prior to the issuance of permits. 14. The applicant shall enter into a declaration of covenants to provide for 21 additional parking stalls based on an approved proof-of parking plan, said plan to be installed upon a determination by the City that such stalls are necessary for the proper functioning of the site. 15. The special use permit is subject to all applicable codes, ordinances and regulations. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING._APPZOVAL..OF _APPLICATION NO. 88011 (Beisner Ltd. ) Motion by Commissioner Malecki seconded by Commissioner Johnson to recommend approval of Application No. 88011 subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall enter into a Subdivision Agreement stipulating responsibility for extension of sanitary sewer to the proposed Tract B and installation of curb and gutter along the south side of Parkway Circle. It shall also stipulate responsibility for construction of storm drainage facilities to serve both Tract A and Tract B including construction of a detention pond on Tract A. The agreement shall be accompanied by a financial guarantee to assure completion of required improvements. Also included in the Subdivision Agreement shall be easement documents for drainage and utilities. 9-8-88 -3- i r Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88012 (Dean Arnott) The Secretary introduced the next item of business, a request for special use permit approval to conduct a psychological counseling business in the basement of the residence located at 3312 01 Henry Road. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88012 attached). i The Secretary stated there is a public hearing required with this application, that proper notices have been sent to surrounding property owners and the applicant is present to answer any questions. Chairman Lucht asked for clarification of the driveway size. The Secretary stated he was not sure of the actual dimensions, but it is a double wide driveway. The applicant, Dean Arnott, stated he was not sure, but it could accommodate approximately 3 112 cars in length. Commissioner Malecki asked Mr. Arnott what types of people he intended to counsel. Mr. Arnott responded that it would be counseling for people with marital problems and also parent-child counseling. Jack Blackorbay, 330101 Henry Road, stated he objects to the counseling business in a residential neighborhood, if it is 13 hours a day. He added that this is a residential zoning district and that no businesses of any kind should be allowed. Frank Fignar, 3312 0'Henry Road. stated he has lived in Brooklyn Center for 30 years and at the time the property was platted in 1958 there were certain restrictions or covenants placed on the use of the property in the Garden City subdivision. He noted that these covenants do not say that a business can be conducted in these areas. He stated he and his wife object to any home occupation in their neighborhood. Commissioner Malecki asked if the covenant specifically prohibits home businesses. Mr. Fignar stated that the covenant specifies what type of dwelling is allowed. Chairman Lucht noted that any home occupation must be incidental and not the primary Use of the property. The Secretary stated home occupation approval allows an applicant to operate a business from his home on a limited basis. He explained that the ordinance requires ! the home occupation to be incidental to the use of the dwelling, the owner must live at the residence and no outside employee is to be permitted with this application. He noted no outside employee is requested at this time, however, a maximum of one nonresident employee could be allowed as a special home occupation. The Secretary explained that the residential use has to continue as the primary use, but as long as the Standards for Special Use Permits are met,the City is not in a position to deny the permit only on the basis that neighbors object to it. The City must conclude that the Standards for a Special Use Permit have not been met. k Mr. Arnott stated he is new in the counseling business, his sessions would last about 50 minutes, would not be continuous and would not last beyond 8:00 p.m. He stated he plans to seek professional office space as soon as it is economically feasible. The Secretary asked how long he intended to conduct the business from his home. Mr. Arnott responded it would be approximately 1 year. 9- 8-88 -4- Chairman Lucht asked how large an area Garden City encompasses. The Secretary explained the boundaries for the Garden City Addition. Chairman Lucht inquired as to how many home occupations are in that area. Jack Blackorbay responded that there have been two or three businesses for several years. Randy Blackorbay, a resident of Brooklyn Park, stated he formerly lived in Brooklyn Center. He stated he planned to move back to Brooklyn Center and would also object to a home occupation of this kind. Jack Blackorbay stated he and most of his neighbors have lived in the area for 25 years. He added the area is a residential neighborhood and should remain that way. He asked how many objecting people it takes to have a home occupation denied. Chairman Lucht asked Jack Blackorbay what he felt would cause a problem. Mr. Blackorbay stated noise and a danger to small children in the neighborhood. The Secretary stated there will be no group sessions and questioned what noise or danger the proposed home occupation would produce. Mr. Blackorbay stated the applicant indicated whole families would be involved. The Secretary further explained the importance of the City living by established ordinances for home occupations and the fact that the City has little ability to deny an application of this kind. He noted that beauty shops which have greater traffic impacts than the proposed application have been permitted as special home occupations. Mr. Fignar stated traffic is heavy on O'Henry Road. The Secretary noted that home occupations are granted if the proposed use is an incidental use of the property, if the applicant lives on the premises, no noise, odor, vibrations, light glare are present to exclude it and the applicants abide by any other reasonable conditions imposed on the use. Mr. Blackorbay asked if the applicant bought the property to conduct the counseling business. Mr. Arnott stated he did not and that he gets his referrals from ministers with more severe problems referred to the appropriate programs. Chairman Lucht asked if anyone else wished to be heard. Hearing no one he asked for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sander to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO.88012 Following further discussion on this application, there was a motion by Commissioner Sander seconded by Commissioner Malecki to recommend approval of Application No. 88012 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Services shall be rendered on an appointment only basis. 4. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 9-8-88 -5- 5. The counseling area shall be inspected by the Building Official prior to issuance of the special use permit. The applicant shall comply with any recommendations of the Building Official prior to issuance of the permit. 6. Any separate entrance to the lower level shall be constructed with appropriate permits. The City does not acknowledge by the approval of such a permit the creation of a second dwelling unit within the premises. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. Commissioner Johnson asked how an ordinance can be changed. The Secretary stated staff can be directed by the Planning Commission or City Council to draft an ordinance amendment, but it should be understood that the ordinance in question evolved over a number of years. APPLICATION NO. 88013 (Richard Whitley) The Secretary introduced the next item of business, a request for preliminary plat approval to subdivide into two lots the parcel of land at 5403 Bryant Avenue North. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88013 attached). The Secretary stated a public hearing is scheduled, the proper notices have been sent and the applicant is present to answer any questions the Commission may have. Commissioner Bernards asked for clarification of the property lines. The Secretary stated there is a discrepancy in the property lines as shown on the half- section maps from the County which show the depth of the existing lot to be approximately 1051 . It is believed that there is a measuring area based on the legal descriptions (which are metes and bounds descriptions) and that the lots lying westerly of this subdivision are measured from the centerline of Colfax Avenue North which would leave the lot in question with a depth of 1361 . The surveyor preparing this plat has indicated that the depth of the Whitley lot is 1361 . He noted that the County surveyor will have to resolve this matter at the time the plat is filed. He added that half-section maps have contained errors in the past. Chairman Lucht asked the applicant, Richard Whitley, if he had anything to add. Mr. Whitley stated he had nothing further to add. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sander to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88013 (Richard Whitley) Motion by Commissioner Malecki seconded by Commissioner Bernards to approve Application No. 88013 subject to the following conditions: 9-8-88 -6- 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a Subdivision Agreement stipulating responsibility for extension of standard residential water service to the proposed Lot 2. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. APPLICATION NO. 88014 (Target Stores) The Secretary introduced the last item of business, a request for site and building plan approval to construct a 13,650 sq. ft. stockroom addition to the Target store at 6100 Shingle Creek Parkway. He reviewed the staff report (see Planning Commission Information Sheet for Application No. 88014 attached). The Secretary stated at present materials are being stacked higher than permitted for fire sprinkler requirements and has been inspected by both the Building Official and the Fire Chief who have ordered corrections which the applicants are making. A discussion ensued regarding parking. The Secretary stated when the new stockroom addition is completed the employee parking lot will be relocated to the back of the building and the need for trailers being parked on the lot should be eliminated as more materials can be stored inside the building. He noted that some kind of protection, such as a wheel stop, should be provided on the north side of the new addition to prevent vehicles from running into the building. Chairman Lucht asked the applicant if he wished to speak. The architect, Ed Oathout, stated Target is willing to comply with the conditions listed in the staff report. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88014 (Target) Motion by Commissioner Malecki second by Commissioner to recommend approval of Application No. 88014 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. 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. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. The building addition 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 9-8-88 -7- 7. The applicant shall execute a restrictive covenant limiting the use of the existing and proposed stockrooms to warehouse use only under current or new ownership. Said restrictive covenant shall be filed with the title to the property at the County prior to the issuance of permits. 8. The yard limit agreement prohibiting structures within 60' of the building shall be revised to reflect the proposed stockroom expansion prior to the issuance of permits. 9. The plans shall be revised prior to consideration by the City Council to indicate a minimum 4' high masonry wall screening the newly designated cart storage area. Voting in favor: Chairman Lucht, Commissioners Malecki, Bernards, Sander and Johnson. Voting against: none. The motion passed. DISCUSSION ITEM a) Preview of the Earle Brown Farm Development The EDA Coordinator, gave a presentation and showed drawings of the proposed restoration of the Earle Brown Farm. He stated a formal site plan will be available in October and be before the Planning Commission for review. He explained the City acquired the Earle Brown Farm approximately 3 years ago and the restoration will be done in stages. He stated the Farm is a State Historic Site. The EDA Coordinator then explained the proposed uses of the existing buildings. He stated the hippodrome will be used for multiple purposes such as trade shows, banquets, and museum and will be able to seat approximately 850 people; the stable will be used for office space for adminstration, and possibly for the Bureau of Tourism, the Chamber of Commerce and a small restaurant; the bunkhouse will be used for storage; the housing complex will serve as a bed and breakfast facility and the porch may serve small private lunches. He stated there are several land use issues involved such as parking (400 to 450 spaces are needed) and traffic generation on evening and weekends. The Secretary explained the distribution of parking and noted that all uses will not be operating at the same time. He stated if there is a parking demand, a ramp may be needed in the future. Commissioner Bernards asked how long the tax increment program will be in place. The EDA Coordinator responded approximately 17 years, but could go up to 25 yeara. Commissioner Bernards asked what kind of schedule is planned. The EDA Coordinator stated January 1, 1989 is a tentative starting date, bed/breakfast facility available in July or August and other areas in late 1989 or early 1990. Commissioner Sander asked what size the restaurant will be. The EDA Coordinator stated it will have approximately 120 seats. ADJOURNMENT Motion by Commissioner Malecki seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:55 p.m. Chairman 9-8-88 -8-