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HomeMy WebLinkAbout1980 04-24 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN t AND THE SPATE OF MINNESOTA STUDY SESSION April 24, 1980 CITY HALL CALL TO ORDER The Planning Commission met in study *'session and was called to order by Chairman William Hawes at 7: 37 p.m. ROLL CALL Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Also present were Director of Planning and Inspections Ronald Warren, Superintendent of Engineering James Noska and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - April 10, 1980 Motion by Commissioner Malecki seconded by Commissioner Manson to approve the minutes of the April 10 , 1980 Planning Commission meeting as submitted. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Erickson and Simmons. Voting against: none. Not voting: Commissioner Lucht. The motion passed. APPLICATION NO. 80011 (CEAP) Following the Chairman' s explanation, the Secretary introduced App- lication No. 80011, which was a request for site and building plan approval for a 6 ,000 sq. ft. office and storage facility to be lo- cated on Lot 2, Block 1, Piccadilly Ponds Addition, north of Shingle Creek and west of Brooklyn Boulevard. The Secretary reviewed Staff Information Sheet No. 80011. (See Planning Commission Information Sheet for Application No. 80011 attached) . Following the presentation of the staff report, the Secretary ex- -plained the Environmental Assessment Worksheet process which attempts to develop enough information about a proposed project to determine whether there will be any significant environmental impact and whether that impact will be felt beyond the limits of the property. The Secretary noted that the proposed roadway will be 24 feet wide with a rolled bituminous curbing on each side until either of the other two properties abutting the roadway are developed or for three years whichever comes first. The Secretary also mentioned that the Zoning Ordinance requires a four foot high screening device and a 15 foot buffer strip between R3 and C1 uses. He recommended that the Planning Commission acknowledges the vegetation growing along the Creek, which separates the CEAP site from the townhouse develop- ment to the south, as a reasonable substitute for this screening requirement. In response to a question from Chairman Hawes, the Secretary noted that the applicant proposes B618 curb and gutter around all driving and parking areas and along the roadway which would exceed the ordi- nance minimum of B612 curb and gutter. He stated that the require- ment in the condition would remain at B612 since that is the ordi- nance minimum. In •response to a question from Chairman Hawes regard- ing access to the proposed roadway, the Secretary stated that access agreements allowing uses on Lots 1 and 3 of Piccadilly Ponds Addition 4-24-80 -1- to use the roadway for access were filed with the plat. He added i that it was his understanding that the other parcels in the plat would pay for 83% of the cost of the roadway which is within Lot 2. In response to a question from Chairman Hawes regarding the holding pond, the Superintendent of Engineering stated that the pond would be used to increase the amount of water storage area available in -the Shingle Creek basin for that area and that it would also tend to catch pollutants and allow them to be drawn off the top of the pond before entering the larger water supply via the creek. Commissioner Simmons questioned what level is referred to by "flood level" and whether the City would have any liability in case of flood damage. The Superintendent of Engineering replied that "flood level" refers to the level of a 100 year flood which, in theory, has a 1% chance of ocurring in any given year. He stated that the flood levels have been established by the U. S. Geological Survey so that flood insurance would be available to properties built with- in the flood plain so long as they are built according to the re- quirements of the flood plain ordinance. The City, he stated, would carry no liability for flood damages. Chairman Hawes noted that the proposed parking lot would have only 16 stalls as opposed to the ordinance formula of 30. He asked whether this would be adequate based on the present demand at the current CEAP site. Mr. Howard Heck, representing CEAP, stated that the organization has about 30 customers per day with approximately a half dozen cars for staff. He did not anticipate that the parking lot would ever be full. Commissioner Erickson asked what functions were included in the northeGst third of the building. Mr. Pierce, an architect repre- senting the applicant, answered that it would include a mechanical room, food storage, restrooms and a meeting and teaching room. In answer to Commissioner Theis, Mr. Pierce explained that using temp orary partitions in the office section of the building would facili- tate changes in the program. Reviewing the exterior treatment of the building, he stated •that it would be a stained block, that most of the windows would be on the southeast side, and that .a screened dumpster not shown on the plans would be located on the west side of the building. In answer to Chairman Hawes, Mr. Pierce stated that the drop off and pickup area would not have a dock, but would be on grade. He added that curbing would be provided around the parking lot and that . deferral of curbing would be on the roadway only. He explained that CEAP would have to finance the roadway and does not have the extra funds to invest at this time while the other two parcels remain un- developed. Commissioner Theis questioned Mr. Heck on the procedure for adding the curb to the roadway. Mr. Heck said that the curb would be attached to the side of the road rather than rebuilding the roadway from• scratch. Regarding the settlement of the roadway versus - the curb, Mr. Heck pointed put that there would be an 18 inch base and that this should prevent differential settling and the Super- intendent of Engineering added that staging often helps the settling process. The Secretary noted that the roadway must have a minimum 24 ' wide bituminous surface excluding curb and gutter to assure two full driving areas. - The Secretary commented that if the roadway were being used for 4-24-80 -2- parking, the City would require that the rest of the' proof-of-park- ing area be installed. He added that he expected some cleanup of brush and other debris in the area that will be left in its natural state. The Superintendent of Engineering added that no parking signs could be placed along the roadway to .prevent any use of the roadway for that purpose. ACTION PECOMMENDING APPROVAL OF APPLICATION NO. 80011 (CEAP) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 80011, submitted by Community Emergency Assistance Program for site and building plan approval for a 6,000 square foot office building to be located on Lot 2 , Block 1, Piccadilly Ponds Addition subject to the following conditions: (See Condition Nos . 1 through 10 on Staff Report No. 80011) 11. Plan approval is subject to the review of the Minnesota Department of Transportation with respect to the drive entrance. The applicant shall comply with the recommendations of the District Office as specified in the drive en- trance permit and a copy of said permit shall be filed with the City Engineer. Voting in favor: Chairman Hawes, Commissioners'. Malecki , Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. APPLICATION NOS . 80012 and 80013 (Meridian Construction) The Secretary introduced the next item of business, a request for site and building plan approval and a special use permit for a restaurant and night club facility in the horse barn and hippodrome of the Earle Brown Farm, north of Summit Drive and west of Earle Brown Drive. The Secretary reviewed the information contained in the staff report for the application. (See Planning Commission In- formation Sheet for Application Nos. 80012 and 80013) . The Secretary explained that the Zoning Ordinance no longer attempts to control the intensity of Land Use via things such as floor area ratio, but rather relies on parking requirements, greenstrips, buffers, and setbacks 'to ensure that there is adequate land provided for each use. He noted that if all of the area on the site were devoted to providing required parking, the site would become a sea of blacktop with a building on it. He explained that the City does not want to see the entire area paved, that it would be very beneficial to leave the mall area green, but that enough land must be provided on the site in order to provide all required parking if joint parking agree- ments were to fail. He added that joint parking agreements would be very beneficial for preserving the farm atmosphere of the site. Chairman Hawes asked whether a joint parking agreement could be approved under the present Zoning Ordinance. The Secretary answered that because the current Zoning Ordinance does not allow joint park- ing agreements across public right-of-way, the ordinance would have to be changed before such an agreement could be approved by the City. In answer to a question from Commissioner Erickson regarding the nature of entertainment to be provided, the Secretary stated that a dance floor, band, night club, and dinner theater ideas have all been discussed. Chairman Hawes asked Mary Jane Gustafson, President 4-24-80 -3- of the Brooklyn Center Historical Society, what her reactions were to the proposal. Mrs. Gustafson stated that she considered the proposal to be favorable since it would bring about preservation of the farm buildings. She added that her preference would be for a dinner theater in the hippodrome. Chairman Hawes stated that one of the concerns of the Planning Commission will be the historic preservation of the site and he thanked Mrs. Gustafson for her comments. Commissioner Simmons expressed concern over the "sea of blacktop" appearance that the development would bring about. The Secretary answered that if the joint parking agreements can be approved, the amount of area on the site devoted to parking will be much less than if such an agreement cannot be approved. In answer to Commissioner Lucht, the Secretary explained that the proof-of-parking requirement of the Zoning Ordinance is an indirect means of controlling the in- tensity of land use. a Commissioner Simmons asked how important it was for the Earle Brown Farm site to be listed on the National Register of Historic Places. The Planning Assistant replied that there are tax advantages to the developer if the property is listed on the National Register. He noted that rehabilitation costs can be depreciated over a five year period rather than a much longer period for normal developments. The Planning Assistant added that although the addition of a parking lot to the site would not entirely preserve the aesthetics of the farm atmosphere, it would serve a use which brings about the rehab- ilitation of the structures themselves and thereby is in the inter- est of preserving the entire farm site. Mary Jane Gustafson asked what plan there might be for other build- ings on the Earle Brown Farm site. Hal Pierce stated that the sig- nificant buildings on the site seem to be those surrounding the mall adjacent to the horse barn and hippodrome. These, he suggested, might be converted to shops with the possibility that one of the buildings could be dedicated for use as a museum for the Brooklyn Center Historical Society. Chairman Hawes asked Mr. Pierce how the City should best go about protecting green area in the midst of the significant farm buildings from use as a parking lot. Mr. Pierce responded that by controlling the special use permit approval, the City could require a sound, long term joint parking agreement which would preserve the land in question for a mall area. The Secretary pointed out that the proposed site does not exist at present, but would have to be platted when the exact land area for the use is determined. Mr. Pierce stated that the complimentarity of the restaurant and night .club use to the office building across Earle Brown Drive provides a sound basis for a joint parking agree- ment since there would be little or no conflict between the two uses. Mr. Ken Rockler, a member of Meridian Construction Company, stated that it was his company' s intent to do as the Planning Commission wants. He stated that they would put in the parking if the City asked for it, but that they prefer to provide adequate parking with a joint parking agreement. The Secretary responded that the City would certainly favor a joint parking agreement, but that it must also require that the land be' available to provide required parking if a joint parking agreement failed. 4-24-80 -4- Mr. Paul Noyes , also of Meridian Construction Company, stated that the night club use in the hippodrome would draw a crowd at a later time than the restaurant use and that therefore there would not likely be 1,000 people at the restaurant at any given time. He saw little use to purchasing the land further north. Mr. Pierce reviewed the proposed floor plan for the Planning Commis- sion. He pointed out that the second floor of the restaurant would have rooms to accommodate larger gatherings. Commissioner Erickson inquired as to the menu and the level of prices. Mr. Rockler answered that the menu would' be similar to that offered at T. Wright' s in Minnetonka which has a wide range of offerings from hamburgers to steaks and crab legs. Mary Jane Gustafson asked whether the proposed entertainment area would be similar to the Carlton Room. Mr. . Phil Frey, also of Meri- dian Construction Company, acknowledged that the Carlton Room would be a good comparison. He stated that they intended to bring in national groups to entertain. Mr. Noyes stated that he still had concerns as to where the property line for the development should be drawn. The Planning Assistant stressed that the City has always required that a new development provide enough land area for all required parking. He stated that whether this parking would be installed on the site or whether extra land would be left unimproved - by providing parking on another site through a joint parking agreement - was a private economic decision which the City could not make. He reiterated that the City would certainly prefer to see as much land left as green area, but that to be consistent with other approvals, it is necessary that this land, which might appear to be extra, be made a part of the site for this development. The Secretary again reiterated that parking require- ments are one of the means available to the City to control the in- .tensity of development on land. He, too, separated the private de- cision of actually installing the parking from the public require- ments that land area be available on the site for all parking associated with the proposed use. Mr. Noyes and the other repre- sentatives of Meridian Construction Company agreed at that point to develop a proof-of-parking plan for the site with adequate land to meet the City' s requirements. The' Superintendent of Engineering suggested to the applicants that they take future right-of-way of Earle Brown Drive into account when determining the boundary of the new development. PUBLIC HEARING Chairman Hawes opened the meeting for a public hearing. He stated that since the application would be tabled and carried over to a future meeting, it would be best to continue the public hearing un- til that time. ACTION RECOMMENDING CONTINUING PUBLIC HEARING Motion by Commissioner Erickson seconded by Commissioner Lucht to continue the public hearing on Application Nos. 80012 and 80013 at the next meeting in which the application is considered. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. 4-24-80 -5- Mr. Phil Frey reviewed for those present a number of slides of other restaurants developed by Meridian Construction Company as rehabilitation projects with older structures. Commissioner Theis asked what type of games would be provided in the game room. Mr. Frey answered that that had not been decided, but that it could be anything from an arcade to backgammon and that pool tables would also likely be included. Commissioner Theis- questioned the need for game rooms when the entertainment area .would be providing high quality entertainment. Mr. Frey and Mr. Rockler answered that when entertainers are performing people will watch the entertainment and not be in the game room. However, at hours when entertainment is not offered or on evenings when there would be no entertainment, it would be necessary to have some other attrac- tion in order to draw customers. In answer to Chairman Hawes, Mr. Frey stated that the game rooms would be under constant supervision. He added that the game rooms would serve the overflow crowd and that non dancers would probably use the game rooms. He stated that the entertainment area would open at approximately 4:00 p.m.. ACTION RECOMMENDING TABLING APPLICATION NOS. 80012 and 80013 (Meridian Construction Company) Motion by Commissioner Theis seconded by Commissioner Lucht to table Application Nos. 80012 and 80013 submitted by Meridian Con- struction Company for site and building plan and special use permit approval to convert and rehabilitate the horse barn and hippodrome farm to a restaurant with bar and live entertainment. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The Secretary explained for the Commission why an appeal from an administrative ruling denying a land use permit for the carnival at Humboldt Square Shopping Center was sent directly to the City Council. He explained that if the appeal had been heard by the Planning Commission before going to the City Council, a decision would not have been made until the day after the carnival was- to be finished. He reported that the City Council upheld the ruling of the Director of Planning and Inspections that the carnival is inappropriate at the Humboldt Square location in view of the sur- rounding residential property. i The Secretary asked whether there were any questions on the material ' presented on the City' s -Capital Improvements Program at the previous meeting. There being none, he suggested that the Commission adjourn. ADJOURNMENT Motion by Commissioner Erickson seconded by Commissioner Manson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 10:18 p.m. n 'Chairman 4-24-80 -6-