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HomeMy WebLinkAbout1988 11-10 PCM 1 i MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY a OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 10, 1988 ' CITY HALL a CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tern Mike Nelson at 7:32 p.m. ROLL CALL Chairman Pro tern Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, and Ellamae Sander. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Pro tem Nelson noted that Chairman George Lucht and Commissioner Ainas had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - OCTOBER 27, 1988 Commissioner Malecki pointed out that she had seconded the motion on page 2 of the October 27, 1988 minutes rather than Commissioner Nelson who made the motion. Motion b Commissioner Malecki seconded b Commissioner Sander to a 1 y y approve the minutes of the October 27, 1988 Planning Commission meeting as corrected. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards and Sander. j Voting against: none. The motion passed. APPLICATION NO. 88018 (Packaging Plus, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for variance approval from City Council Resolution No. 77-67, which governs wall signery along the north walls of 6800, 6820 and 6840 Shingle Creek Parkway, to allow wall signs not more than 11' above building floor grade. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 88018 attached). The Secretary added that the landscaping along 69th and the buffer area was intended to screen the industrial area as much as possible from the residential neighborhood to the north and that it has been effective in making the Industrial Park compatible with the residential neighborhood north of 69th Avenue. Commissioner Bertil Johnson arrived at 7:39 p.m. Commissioner Bernards asked whether the addresses of the buildings appeared on the north walls. The Secretary stated that he was not aware that those addresses were visible from 69th. Mr. James Montgomery of Packaging Plus, Inc. stated that the addresses were visible from Shingle Creek Parkway, but not from 69th Avenue North. Commissioner Bernards stated that he had seen the address of Palmer Lake Plaza from 69th Avenue North. The Secretary stated that the building address could be visible from 69th, but not tenant identification signery. Commissioner Sander asked whether it was not the contractor's responsibility to know the City's ordinances before putting up a sign. The Secretary responded in the affirmative. He added that sign contractors must be licensed and obtain a permit before putting up signs. Commissioner Sander stated that she was concerned a variance would set a precedent for other buildings in this area if it were allowed. The Secretary agreed and added that some tenants may try to erect signs without a permit if the applicant were successful with his variance request. 11-10-88 -1- In response to questions from Commissioner Bernards, the Secretary noted that the berms and landscaping and lack of access from the industrial buildings to 69th Avenue North was intended to create a barrier between the Industrial Park and the residential neighborhood. He stated that that barrier has worked well and that the Industrial Park has little impact on the residential neighborhood. Chairman Pro tem Nelson asked Mr. Montgomery if he had anything to add. Mr. Montgomery noted that the sign was erected without a permit and that he felt somewhat abused by the sign contractor who does the work part-time and is not a full time sign contractor. He noted that the sign was visible from 69th Avenue North, but that was not the intent of putting the sign at 11' above the building floor elevation. He stated that signs below the 5' height were not very visible to someone who drove around the building and would be vandalized by kids. Mr. Montgomery added that the landscaping along 69th Avenue North has grown since 1977 and creates a good visual barrier. He added that he would be willing to plant additional trees and get the neighbors approval if it was necessary to obtain the variance. He showed the Planning Commission one of the letters from the sign that had been purchased. Chairman Pro tem Nelson stated that the Commission would have to address the question of uniqueness for a variance to be granted. He asked whether tenants along 69th Avenue North have large signs. Mr. Montgomery stated that one tenant does along 69th and it has a better type of sign that would not be vandalized. He pointed out that other tenants do not have the amount of traffic that he has coming to his space. Commissioner Bernards asked what level the sign had to be to be visible over the berm. Mr. Montgomery answered that the sign can be seen at 11' high in winter, but that it is not very visible during the summertime because of the vegetative screening. PUBLIC HEARING (Application No. 88018) Chairman Pro tern Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Johnson to close the public hearing. The motion passed unanimously. In response to a question from Commissioner Johnson, the Secretary stated that the City's intent in Resolution No. 77-67 was to keep the signs from being visible from 69th Avenue North. He stated that he did not know what height that would be, but that certainly they are not visible at 5' above building floor elevation. He stated that it was up to the applicant to make the case that a higher sign can still be erected and not be visible from 69th Avenue North. Chairman Pro tem Nelson stated that he would prefer not to grant a variance, but perhaps consider a change in the resolution to allow a higher sign that would still not be visible from 69th Avenue North. Mr. Montgomery added that perhaps a height could be found that would be out of reach of vandals, but still not be visible. The Secretary stated that the height to be considered should be the height blocked out by the earth berms along 69th Avenue North, not the trees. He added that the height limitations should be consistent for all of the buildings along 69th Avenue North, not just 6800 Shingle Creek Parkway. 11-10-88 -2- i Commissioner Sander stated that she did not see any reason for signs along the north side of the building since there was no access to the building from 69th Avenue North. The Secretary added that the freestanding signs in front of the building are large and are allowed to be 250 sq. ft. in area and 32' in height. Commissioner Sander stated that there are signs by the doors of the tenant space and that the tenant also has identification on the marquee signs in front of the property. She stated that she has never had any problem finding tenants that are so identified. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 88018 (Packaging Plus, Inc. ) Motion by Commissioner Malecki seconded by Commissioner Sander to recommend denial of Application No. 88018, citing the following findings as the basis for denial: 1. The proposed sign was fabricated and erected in error without a proper permit. The City, therefore, accepts no responsibility a for the lost value of the sign, nor any responsibility for erecting the sign without a permit. 2. There is no access to the industrial buildings along the south side of 69th Avenue North. There is, therefore, no need to communicate a message to those driving along 69th Avenue North for directional purposes. s 3. The proposed sign would constitute an unnecessary p g y intrusion into the visual environment of the residential neighborhood north of 1 69th Avenue North. 4. A sign not more than 5' high is very readable to people on the property looking for a given business on the premises. 5. The Packaging Plus, Inc. business at 6800 Shingle Creek Parkway is not a unique sort of business relative to other businesses located in the buildings adjacent to 69th Avenue North. 6. The Standards for a Sign Variance contained in Section 34-180 are not met in this situation. (For a variance to be granted, all standards must be met and are not met in this case). Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards and Sander. Voting against: Commissioner Johnson. The motion passed. Chairman Pro tem Nelson asked whether there should be direction on the height of allowable signs. The Secretary stated that if the applicant is willing to provide information on the height of signery that cannot be seen from 69th Avenue North, the Commission could table the application until further information is submitted. However, he added that would require a motion to reconsider the motion for denial. Chairman Pro tem Nelson suggested that the Commission recommend holding up City Council consideration of the variance until further information was provided, but that he felt the motion to deny the variance expressed the Commission's opinion accurately. ACTION RECOMMENDING HOLDING APPLICATION NO. 88018 FROM CITY COUNCIL CONSIDERATION UNTIL FURTHER INFORMATION ON THE HEIGHT OF SIGNS CAN BE SUBMITTED Motion by Commissioner Malecki seconded by Commissioner Johnson to hold Application No. 88018 from City Council consideration until the applicant submits further information on the height of signs which cannot be visible from 69th Avenue North. Voting in favor: Chairman Pro tern Nelson, Commissioners Malecki, Bernards, Johnson and Sander. Voting against: none. The motion passed. 11-10-88 -3- APPLICATION NOS. 88020, 88021 and 88022 (Brooklyn Center Economic Development Authority) The Secretary then introduced the next three items of business, a request for site and building plan and special use permit approval for restoration and reuse of the Earle Brown Farm as an exhibit/banquet hall, restaurant, office space and bed and breakfast complex; a request for special use permit approval to have off-site accessory parking for the Earle Brown Farm located on the site of Brookdale Corporate Center III at 6160 Summit Drive; and a request for an interim variance to allow a 5' greenstrip adjacent to Earle Brown Drive at the Earle Brown Farm, 6105 Earle Brown Drive and other addresses. The Secretary reviewed the contents of the staff reports for these three applications (see Planning Commission Information Sheets for Application Nos. 88020, 88021 and 88022 attached). The Secretary noted also that Condition No. 11 for Application No. 88020 has already been fulfilled. Commissioner Johnson stated that the staff seems to be downplaying the possibility of the banquet hall ever being full. He asked why this was the case. The Secretary answered that it was mainly because of the excess parking available from other office developments in the area. He stated that the Economic Development Authority can limit the banquet hours to evening or off-peak hours and thereby rely on the parking available at nearby office buildings. He stated that if banquets were going to be held during the day, the Economic Development Authority would probably have to build a ramp. He stated that the City will have to regulate itself in this regard. Commissioner Johnson asked how much control the EDA would actually have in the scheduling of these events. The Secretary stated that the EDA will have a management agreement which can stipulate control of these kinds of events. He also noted that there is excess parking available on the office sites for use by the Farm. Commissioner Bernards asked whether the plan will accommodate the movement of pedestrians from other sites onto the Farm site. The City Engineer answered that the plan adds sidewalk in Earle Brown Drive and in the Farm complex itself. Commissioner Bernards asked whether there would be parking on-street. The City Engineer stated that Earle Brown Drive and Summit Drive are not signed for no parking, but that Summit Drive is a four-lane street and that no parking would be allowed as a practical matter. Commissioner Bernards acknowledged this, but pointed out that there would probably be parking at other locations in the area and that pedestrians would walk into the Farm complex. The City Engineer acknowledged this, but added that there were sidewalks serving the Farm complex to accommodate these pedestrian movements. Commissioner Sander inquired as to the 41 parking spaces on the Brookdale Corporate Center III site. The EDA Coordinator stated that the City has rights to 41 spaces on the Brookdale Corporate Center III site and that these rights have been filed with the deed to the property. Commissioner Sander stated that parking is tight on the Brookdale Corporate Center III site at present and that the building is not filled yet. Chairman Pro tem Nelson asked whether the EDA Coordinator had anything further to add. The EDA Coordinator then reviewed with the Planning Commission renderings of the site and the buildings of the Earle Brown Farm complex. Regarding parking, he stated that he was discussing with building owners in the area the possibility of using their lots on an event by event basis. He stated that the EDA does not want to build a ramp that may never be used. He stated that it was the intention of the EDA to wait-to see how the hippodrome functioned before deciding on building a ramp. He reviewed the layout and function of the hippodrome building and also, the use of the stable and the bed and breakfast. He stated that rooms at the bed and breakfast would go for $70 to $120 per night with breakfast. The EDA Coordinator also stated that the City cannot sell the site to someone else. He pointed out that the property 11-10-88 -4- was bought with Community Development Block Grant Funds and that the City must continue to own it since it was acquired for a public purpose. He added that people are already showing interest in coming to the Farm for trade shows. Commissioner Sander added that the Farm could be used for wedding receptions. The EDA Coordinator agreed and stated that other people have already indicated that this is a possibility. PUBLIC HEARING (Application Nos. 88020, 88021 and 88022) Chairman Pro tem Nelson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the applications. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Bernards seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. Commissioner Johnson noted the lights in the parking area and suggested that the EDA make the lighting look like farm lighting. The EDA Coordinator answered that the light fixtures have not been finally decided, but that they wanted them to be nonobtrusive and to provide safety to pedestrians. Mr. John Barbour, an architect working on the project, pointed out that the 20' tall poles would only be used on the perimeter of the site, not in the interior. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88020 (Brooklyn Center Economic Development Authority) Motion by Commissioner Malecki seconded by Commissioner Sander to recommend approval of Application No. 88020, 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 by the contractor prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The buildings are 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 exlusive 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 with the exception of the circular drive-up to the bed and breakfast which may have surmountable curb. 11-10-88 -5- 9. The contractor 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 prior to the issuance of permits. 11. The special use permit acknowledges office, transient lodging, restaurant and exhibit/banquet hall uses. No other uses are comprehended. 12. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 13. Plan approval acknowledges approval of Application No. 88022, an interim variance from the 15' greenstrip requirement until the partial vacation of Earle Brown Drive. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Johnson and Sander. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88021 (Brooklyn Center Economic Development Authority) Motion by Commissioner Malecki seconded by Commissioner Sander to recommend approval of Application No. 88021 without conditions. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Johnson and Sander. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88022 (Brooklyn Center Economic Development Authority) Motion by Commissioner Malecki seconded by Commissioner Sander to recommend approval of Application No. 88022, subject to the following condition: 1. The City will continue to use all means necessary to acquire the underlying rights to Tract H, R.L.S. No. 1380 in order to accomplish a partial vacation of the Earle Brown Drive right-of- way from 80' to 601 . Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Bernards, Johnson and Sander. Voting against: none. The motion passed. DISCUSSION ITEM Commissioner Sander pointed out that the trucks at the gas station at 6901 Brooklyn Boulevard were being parked in the sight triangle, (the long trucks that were not supposed to be parked in that area). The Secretary stated that he would check on the matter and added that the City Council did revise that condition. ADJOURNMENT Motion by Commissioner Johnson seconded by Commissioner Sander to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:42 p.m. i CAa'irffiad,Pro tem 11-10-88 -6-