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HomeMy WebLinkAbout1987 03-12 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 MARCH 12, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular, session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, and Lowell Ainas. Also present were City Engineer Bo Spurrier, Director of Planning and Inspection Ronald Warren and Mary Lou Larsen, Recording Secretary. Chairman Lucht noted that Commissioners Carl Sandstrom, Wallace Bernards and Ann Wallerstedt were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - January 29, 1987 t y�omm—oner Malecki seconded by Commissioner Ainas to approve the minutes of the January 29, 1987 Planning Commission as submitted. Voting in favor Chairman Lucht, Commissioners Malecki, and Ainas. Voting against: none. Not voting: Commissioner Nelson. The motion passed. APPLICATION NOS. 87001 AND 87002 (Construction 70, Inc.) Following the Chairman's explanation, the Secretary reviewed the first two items of business, a request for site and building plan approval to construct a 6,016 sq. ft. Learning Tree Day Care Center south of the office building at 6040 Earle Brown Drive (Application No. 87001) and a request for preliminary R.L.S. approval to subdivide into two tracts the parcel of land on Earle Brown Drive between the Park Nicollet Clinic and the office building at 6040 Earle Brown Drive (Application No. 87002). The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 87001 and 87002 attached) . He stated that these applications had first been reviewed by the Planning Commission on January 15, 1987 and were tabled at that time for the applicant to provide a detailed plan as to how they would provide noise attenuation to the play area that was proposed to abut T.H. 100. He explained that concept had been abandoned and that now the applicant proposed to alter the location of the building and the play lots. Following a brief discussion regarding the applications, Chairman Lucht asked the applicant whether he had anything to add. Mr. Gene Peterson, representing the Learning Tree Day Care Center stated that he had nothing further to add. PUBLIC HEARING (Application Nos. 87001 and 87002) Chairman Lucht then noted that the public hearing for Application Nos. 87001 and 87002 had been continued at the January 15, 1987 meeting. He asked whether anyone wished to speak regarding those applications. No one spoke. He then called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Ainas. Voting against: none. The motion passed unanimously. 3-12-87 -1 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87001 (Construction 70, Inc.) Notion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 87001 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 prior to release of the performance guarantee. 10. Plan approval acknowledges a proof-of-parking for up to 30 parking spaces. The applicant, shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the property prior to the issuance of building permits. 11. The plans shall be modified to provide a minimum 4' high wood fence, per ordinance requirements, between the play area and the driving and parking area. 12. The screen fence along the east side of the toddler area shall be a minimum of 8' and may "step down" to 5' along the south property line. 13. Roof drainage shall be collected and conveyed to the storm sewer in a manner approved by the City Engineer. 14. The special use permit is issued for a group day care facility only. No other special use is acknowledged by the approval. 3-12-87 -2- i i 15• The special use permit is subject to all applicable codes, ordinances and regulations including licensing by the state, any violation thereof shall be grounds for revocation. 16. A copy of the operating license for the facility shall be kept on file with the City. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87002 (Construction 70, Inc.) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 87002 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 applicant shall enter into a utility maintenance agreement prior to release of the final R.L.S. for filing. 4. The existing nonconforming sign located near the northeast corner of the proposed Tract B shall be removed prior to release of the final R.L.S. for filing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Ainas. Voting against: none. The motion passed unanimously. Gene Peterson informed the Commission that the owner of the property has some concerns about removing the existing sign (which is considered a nonconforming billboard) on Tract A. He stated the owner would like to leave the sign up until the property has been sold. The Secretary informed Mr. Peterson that the property in question is entitled to a real estate sign, but not billboards. One of the conditions of approval for the final R.L.S will be to have the sign removed. An appropriate real estate sign could then be placed on the property. APPLICATION NO. 87005 (Uhde/Nelson, Inc.) The Secretary then introduced the next item of business, a request for site and building plan approval to construct a 10,000 sq. ft., 2 story office building on a vacant parcel at 7213 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 87005 attached) . Commissioner Malecki asked the applicant what material would be used for the exterior of the building. The applicant, Dave Nelson, responded that he planned to use a stone exterior and showed the Commission a sample of the product. A brief discussion ensued regarding the exterior material for the building and also, landscaping for the project. Mr. Nelson stated that the exterior would be either the stone material shown, if it is available, or brick. The Secretary recommended there be a 14th Condition added to the conditions of approval for this application regarding the need to execute a utility maintenance agreement. ACTION RECONMENDING APPROVAL OF APPLICATION NO. 87005 (Uhde/Nelson, Inc.) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 87005 subject to the following conditions: 3-12-87 -3- 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 sytem 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 utility survey of the property prior to release of the performance guarantee. 10. Plan approval acknowledges proof-of-parking for up to 50 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property prior to the issuance of building permits. 11. The plans shall be modified prior to the issuance of building permits in the following manner: a) The landscape plan shall be modified to replace the three large shade trees west of the building with either decorative trees or shrubs. b) The drainage plan shall be modified to show a sediment control plan consistent with the requirements of the Shingle Creek Watershed Management Commission. 12. The applicant must obtain a permit from the Department of Natural Resources prior to the commencement of any site work in protected water areas. 3-12-87 -4 13. The applicant shall provide an appropriate easement, as approved by the Shingle Creek Watershed Management Commission, over new water detention areas. 14. The property owner shall enter into a utility maintenance agreement prior to the issuance of building permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, and Ainas. Voting against: none. The motion passed unanimously. APPLICATION NO. 87006 (Continental Communications/Willard Blake) Chairman Lucht noted that the applicant or a representative was not present. He stated the Commission should next review the discussion items and then return to this item, if the applicant shows up. DISCUSSION ITEMS. a) Expansion of Highway 100 Racquet Club Off-site Parking Lot The Secretary reviewed the Highway 100 Racquet Club plans to expand their off-site parking by adding 100 stalls. The Secretary noted that off-site parking is a special use in that zone and may require submission of a formal special* use application and public hearing. The Secretary added that a formal submission could possibly be waived as the City still holds a performance bond on this property. There was a brief discussion regarding a possible 1988 street upgrading of France Avenue between the south City boundary and 50th Avenue which could include Lakebreeze Avenue North. The Secretary stated the Racquet Club would support the street upgrading. He also noted that some concerns have been mentioned regarding some traffic back-up on Lakebreeze and that it was suggested that a second access or some parking lot revisions in the main lot be undertaken to alleviate the problem. He added that the property owner has agreed to review the matter and take some corrective action. Chairman Lucht suggested extra lighting at the pedestrian crossing. City Engineer Bo Spurrier also expressed a concern regarding the lighting at the pedestrian crossing. The Secretary stated that the staff would look into the lighting concern. Further discussion ensued regarding the parking at the Racquet Club. Following the discussion it was the consensus of the Commission that a formal submittal need not be required provided the Racquet Club address the lighting concern by the pedestrian crossing and work with the staff to reduce traffic backup on Lakebreeze through possible revisions to the main parking lot. b) Sign Ordinance Regarding Billboards The Secretary next reviewed a letter from the City Attorney's office regarding the current status of the law regarding billboards. He explained the City Attorney had been requested to analyze the effect of recent Court decisions as they related to the City's Sign Ordinance involving billboards. The Secretary noted that the Sign Ordinance defines a bi 11 board as any off-site sign and goes on to prohibit these signs with some exceptions. The Secretary stated that the thrust of the City Attorney's letter is that if the City wants to continue to prohibit billboards as it currently does, he would advise some amendments to the ordinance in line with recent Court decisions. 3-12-87 -5- A discussion ensued relative to the letter, the Court cases and the City's regulation of billboards. The Commission believed that it was in the best interests of the community to continue to regulate billboards as it currently does. ACTION DIRECTING DRAFT ORDINANCE AMENDMENT Motion by Commissioner Malecki seconded by Commissioner Nelson to concur with the City Attorney's recommendation and to direct staff to draft an ordinance amendment in line with the City Attorney's recommendations. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Aims. Voting against: none. The motion passed unanimously. c) Commission's Duties and Responsibilities The Secretary reviewed an ordinance amendment regarding,.duties of the Planning Commission. He stated that as part of the Year 2000 report it is recommended that the City standardize duties for all Advisory Commissions. He noted that duties and responsibilites for the most part would be acknowledged through resolution. A discussion ensued regarding appointment of the Chairman of the Planning Commission by the Mayor with consent of the City Council instead of the Chairman being elected by the Planning Commission; the procedure for appointments to draw people from the six neighborhood areas; and a procedure for interim appointments for temporary replacement in the event a Commissioner becomes ill or is unable to perform the duties for a period of time. Commissioner Malecki expressed disagreement with the idea of having the Chairman appointed by the Mayor rather than elected by the Commission. She stated that she believed that the Chairman should be someone who has experience serving on the Commission and that the election of the Chairman generally provides this. She expressed concern, although she quickly pointed out that it has not been the case, that the appointment of the Chairman could be a political appointment with little or no consideration given to the Chairman's ability to preside over the body. It was suggested that perhaps the wording should be that the Mayor appoint the Chairman with the consent of the Planning Commission. Commissioner Malecki and other Commission members stated they believed the current election process was the best. Commissioner Ainas stated that the idea of an interim appointment was good. The Secretary stated that the Planning Commission's comments would be conveyed to the City Council. ACTION TABLING APPLICATION NO. 87006 (Continental Communications/Willard Blake) Chairman Lucht recommended tabling the application because the applicant was not present. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Aims. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Commissioner Malecki seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The mot*o passed unanimously. a Planning Commission adjourned at 8:50 p.m. Chairma 3-12-87 -6-