Loading...
HomeMy WebLinkAbout1987 04-09 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 APRIL 9, 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, Lowell Ainas, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Mary Lou Larsen, Recording Secretary. Chairman Lucht noted that Commissioners Carl Sandstrom and Mike Nelson were unable to attend this evening's meeting and were excused. APPROVAL OF MINUTES - MARCH ?6: 1987 Motion by Commissioner Ainas seconded by Commissioner Malecki to approve the minutes of the March 26, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 87007 (Shingle Creek Land Company) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to provide off-site accessory parking-on Tract A, R.L.S. 1572 (Spec. 12 site) in order to provide sufficient parking to allow a full office occupancy of the RCM Plaza building, 6701 Parkway Circle (Tract B, R.L.S. 1564) . The applicant has negotiated a lease with the audit division of Target Stores for the remaining space in RCM Plaza as an office occupancy. He next reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 87007 attached). Commissioner Bernards noted that there is an existing traffic problem going north on Shingle Creek Parkway to 69th Avenue North and inquired if the new office use will intensify the traffic in that area. The Secretary stated that the City has acquired property from Earl Brown Patio Homes and plans to reroute Shingle Creek Parkway to make it through to 69th Avenue North. Such a project involves further reviews and approvals, but should alleviate the congestion problems at Shingle Creek Parkway and 69th. Commissioner Bernards stated there are also traffic problems at Shingle Creek Parkway and Xerxes Avenue North. City Engineer Bo Spurrier stated that the Short-Elliott-Hendrickson Traffic Analysis reviewed the area between 69th Avenue North to T. H. 252 to eliminate the bottleneck. This would involve an Environmental Assessment and possibly an Environmental Impact Statement, and would probably not begin until 1989 or 1990. Commissioner Wallerstedt inquired what could be done about the traffic congestion at Xerxes Avenue North and Freeway Boulevard. City Engineer Bo Spurrier responded that there is no plan at this time for another traffic signal. Further discussion ensued regarding further traffic impact by the full office occupancy proposed in the RCM Plaza building. The Secretary reviewed traffic analysis on probable cases done previously. 4-9-87 _1_ r Chairman Lucht asked the applicant if he had anything to add. Richard Martens of Winfield Developments, Inc., representing the applicant, stated he had nothing to add, but would answer any questions the Commission may have. Commissioner Bernards asked how parking will be designated for the RCM Plaza building. The applicant responded parking is a joint use situation and the majority of the parking will be used by employees. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and noted that the required notices had been sent. No one spoke and he called for a motion to close the public hearing. CLOSE. PUBLIC HEARING Motion by Commissioner Wallerstedt seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Ainas, Malecki, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87007 (Shingle Creek Land Company) TIDE -ion by Commissioner Ainas seconded by Commissioner Malecki to approve Application No. 87007 subject to the following conditions: 1. Special use permit approval acknowledges off-site accessory parking of 153 spaces on Tract A, R.L.S. 1572 to be provided for, the sole use of Tract B, R.L.S. 1564. The applicant shall encumber the 153 parking spaces for this specific purpose in a manner consistent with City ordinances as approved by the City Attorney. Said encumberance shall be filed with the title to the properties.. 2. Special Use Permit approval acknowledges the proof-of-parking for up to 153 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking 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. 3. A revised declaration establishing parking rights in the central parking lot for the Ramada Hotel, Parkway Place and Shingle Creek 11 shall be reviewed and approved by the Zoning Official and the City Attorney prior to the filing at the County. 4. The applicant shall execute a standard utility maintenance and inspection agreement as approved by the City Engineer. 5. The applicant shall submit a drainage plan for approval by the Shingle Creek Watershed Management Commission. 6. The applicant shall agree to dedicate the necessary easement area required for storm water detention in accordance with the plan approved by the Shingle Creek Watershed Management Commission. 7. The applicant shall be responsible for protecting the flowageway running from the intersection of 67th Avenue North and Shingle Creek Parkway to Shingle Creek. 4-9-87 -2- 8. The applicant shall enter into a traffic signal agreement with the City, as approved by the Director of Public Works, whereby they shall be responsible for paying half of the cost of the future installation of a traffic signal at the Parkway Circle/67th Avenue North intersection with Shingle Creek Parkway if the necessity of such a traffic signal is determined by the City. 9. Approval of this application does not acknowledge an amendment to the landscape/plaza plan submitted under Planning Commission Application No. 86033. The applicant shall submit a revised plan for review and approval by the City. 10. Special use permit approval acknowledges the ability of RCM Plaza to have a 100% office occupancy. 11. Special use permit approval is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 12. The applicant shall execute an easement over a portion of the central parking lot dedicating that portion of the property indicated on the approved plan for landscaping purposes. DISCUSSION ITEMS a) Draft Ordinance Amendment Regarding Billboards and Off-Premise Advertising Signs The Secretary introduced the next item, a recommended draft ordinance amendment relating to the regulation of billboards and off-premise advertising signs. He explained that this matter has been the subject of recent Planning Commission discussions. He noted that concern had been raised regarding the effectiveness of City Sign Ordinance provisions prohibiting billboards in light of recent Supreme Court and other judicial decisions involving such signs. He bdded that the City Attorney had submitted a written report, dated February 24, 1987, reviewing the current status of the law regarding billboards and recommending certain changes in the Brooklyn Center Sign Ordinance if the City wished to continue to restrict _.- billboards in the future. The Secretary noted that report had been discussed by the Commission on March 12, 1987 and the Commission, by motion, concurred with the City Attorney's recommendation and directed the staff to prepare an ordinance amendment in line with the recommendations for their consideration. The Secretary also explained that the Planning Commission lhad, prior to their consideration of the City Attorney's report, been provided with a copy of Zoning and Planning Law Report, Vol. 8, No. 10, November, 1985, relating to local control of signs and billboards, which also serves as background information relating to the issue before the Commission. A discussion ensued relative to the draft ordinance amendment. Commissioner Bernards questioned the new wording in the statement of purpose that seemed to qualify off-premise advertising signs as "potential" traffic safety hazards while the wording was almost dogmatic in reference to them being unattractive.- The Secretary responded that court decisions have accepted the argument that off 4-9-87 -3- premise advertising signs as traffic safety hazards and have more recently accepted the notion that cities may regulate these signs on the basis of aesthetics. He suggested that the word "potential" be stricken from this sentence to show consistency between traffic safety and aesthetic concerns. Commissioner Wallerstedt noted that she was-not familiar with the report the Secretary had referenced earlier and requested she be provided with a copy. ACTION RECOI*ENDNG APPROVAL OF SIGN ORDINANCE AMENDMENT Following further discussion, there was a motion by Commissioner Bernards seconded by Commissioner Ainas to recommend approval of an amendment to the Sign Ordinance with a change striking the word potential from Section 34-100. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, and Bernards. Voting against: none. Not voting: Commissioner Wallerstedt as she wanted more time to review the matter. The motion passed. A brief discussion ensued regarding traffic backup at Twin City Federal. The Secretary reviewed upcoming business and stated he had no formal applications as yet for the April 23, 1987 Commission meeting. Chairman Lucht reported that Commissioner Nelson had informed him he would be unable to attend the April 23 meeting. ADJOURNMENT Motion by Commissioner Wallerstedt seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 8:34 p.m. ChdirrArl 4-9-87 -4-