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HomeMy WebLinkAbout1980 06-26 PCM 1 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 26, 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, Lucht, Erickson and Simmons. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska, and Planning Assistant Gary Shallcross. The' Secretary' noted that Com- missioner Manson had called earlier in the week to say she would be unable to attend the June 26, 1980 meeting. APPROVAL OF MINUTES - June 12, 1980 Motion by Commissioner Theis seconded by Commissioner Simmons to approve the minutes of the June 12, 1980 meeting as submitted. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Erickson and Simmons. _ Voting against: none.. Not voting: Com- missioner Lucht. , APPLICATION NO. 80008 (Osseo-Brooklyn Bus* Company) Following the Chairman's explanation, the Secretary introduced the first item of business, site and building plan' and special use permit approval for a 120 ' x 212' school bus garage to be located at 4455-68th Avenue North. The Secretary reviewed the contents of the latest staff report concerning this application. (See Planning Commission Information Sheets for Application No. 80008 attached) . The Secretary also reviewed transparencies for the original plan. submitted by the applicant and recently revised plans. He noted that the applicant has proposed bituminous curbing rather than B612 along the north edge of the paved area surrounding the school bus garage. He briefly discussed the usual procedure for defer- ring improvements for up to three years in areas not scheduled for development. The Secretary also pointed out that NSP has proposed a landscaped treatment along their south property line abutting the freeway of trees spaced 20 feet apart in order to provide improved screen- ing of their outside storage area from the freeway. He suggested that it would be appropriate for the Osseo-Brooklyn Bus Company site to continue a treatment such as this along the south property line of its site even though no screening requirement existed in the Zoning Ordinance. In. response to a question from Chairman Hawes, the Superintendent of Engineering explained that the site is proposed to drain roughly to the southwest toward a common drainage easement serving this site and NSP. He stated some concern with the proposed spillway along the south side of the parking lot, but added that approval 6-26-80 -1- of the City Engineer and could be modified if necessary. There followed a discussion of the treatment of the deferred area. Chairman Hawes stated a'preference for providing sod along 68th Avenue North within the required greenstrip area since this would not have to be removed later. Commissioner Lucht stated that sod in that area remote from the rest of the site might simply die, and prove to have been a waste. Commissioner Simmons stated that her concern was that whatever grew in the undeveloped area be main- tained. The Secretary briefly pointed out the potential use for the re- mainder of the site. He stated that the bus company might expand to use the rest of the site or that a wholesale distribution center might be built on the north portion of the site as was originally conceived by Mr. Harrington. He stated that access to the north development, if it were not an expansion of the bus company, would be entirely separate from that provided for the bus company along the east edge of the site. He added that the City placed a restriction on the property in conjunction with the earlier Har- rington application requiring that one of the buildings on the site be used for parking if a retail use occupies enough building area on the remainder of the site to require the additional parking. There followed a lengthy discussion regarding trees to be provided on the site, particularly along the freeway right-of-way. The Commission considered the size of trees, the spacing, the effect of chemcials from the freeway and the visibility of the site from the freeway. The Secretary stated that staff's intent in re- commending trees along the south property line was for decoration more than screening. Mr. Jon Brolin, representing the applicant, stated the owner of the building wanted to have visibility from the freeway and would prefer 8 ' to 12 ' high trees for decoration rather than larger trees which would obscure the building from the freeway. Commissioner Simmons asked why visibility was important in this case since there would be no sales on the site. Mr. Brolin responded that the owner simply wants people to be aware of the building and of the Osseo-Brooklyn Bus Company. Commissioner Lucht suggested that either Canada Red Cherries or Russian Olives be planted at 20' separations along the south property line to pro- vide a decorative treatment. Chairman Hawes asked whether there would be any openings in the building on the east or west walls. Mr. Brolin responded that there would be no openings in those locations. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Noting that no one was present besides the applicant's repre- sentative to. speak to the proposal, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Hawes, Com- missioners Malecki, Theis, Lucht, Erickson and Simmons. Voting 6-26-80 -2- against: none. The motion passed. MOTION TO RECOMMEND APPROVAL- OF APPLICATION NO. 80008 (Osseo-Brooklyn Bus Company) Motion by Commissioner Lucht seconded by Commissioner Simmons to recommend approval of Application No. 80008 for site and building plan and special use permit approval to construct a 120 ' x 212 ' school bus garage at 4455-68th Avenue North, subject to the following conditions: 1. The permit is subject to all applicable .codes, ordinances and regulations and violation thereof shall be grounds for revocation. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. Building plans are subject to review and approval by the Building Official prior to the issuance • of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. A 'site performance agreement and supporting financial guarantee (in an amount to be deter- mined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 6. B612 curb and gutter shall be provided around all parking and driving areas except in the deferred area where rolled bituminous is acceptable until required improvements are installed. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. The entire 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. 9. An underground irrigation system. shall be in- stalled in all landscaped areas to facilitate site maintenance. 10. Any outside trash disposal- facilities or roof- top mechanical equipment shall be appropriately , screened from view. 11. Landscaping improvements for the north portion of the site may be deferred for a period not to ex- ceed 3 years from the issuance of the building permit. If no development occurs by that time, 6-26-80 -3- w the property shall be fully landscaped in accordance with a landscape plan approved by the City. The financial guarantee shall not be released in its entirety until this condition has been satisfied. 120 Installation offuel tanks shall be subject to review and approval by the State Fire Marshall. 13. The landscape plan shall be amended to in- dicate lh" diameter ornamental trees along the south property line at intervals of 20 ' and all other trees on the site shall be indicated at diameters of 2'h" to 3" - prior to consideration by the City Council. Voting in -favor: Chairman Hawes, Commissioners Malecki, Theis, Lucht, Erickson and Simmons. Voting against: none. The motion passed. APPLICATION NO. 80019 (John Maertens) The Secretary introduced the next item of business, .a request for a variance from Section 35-400 and 35-111 of the Zoning Ordi- nance to allow the expansion of a structure which is nonconform ing because of a substandard rear yard area. The Secretary re- viewed the staff report. (See Planning Commission Information Sheet for Application No. 80029 attached) . The Secretary explained that the lot in question has been created in 1969, although the house on the lot had been built -in 1915. The 1969 subdivision was approved with a variance to allow a sub- standard rear yard setback. The Secretary noted that the City Council increased the amount of the rear yard deficiency on the subject property by- requiring that the new lot created to the west meet ordinance requirements as to depth of 110' rather than the 105 ' depth initially proposed by the owner. Commissioner Simmons stated that the addition proposed- by the appli- cant seemed to be more an addition into the side .yard rather than 'into the rear yard. The Secretary responded that the proposed addition does go a little closer to the rear lot line because of the angle at which the house was built. He also noted that even , though the rear yard area is not reduced by the- proposed addition, a variance is required because the addition is proposed to a non- conforming structure. PUBLIC HEARING Chairman Hawes opened the meeting for a public hearing. Appearing on behalf of the applicant was the brother of the applicant, Mr. - Joseph Maertens. He explained that the house had been built before the street was constructed and that the lot on which the house was built was established later as well. He stated that none of the surrounding neighbors had any objection to- the proposed addition CLOSE PUBLIC HEARING ° Motion by Commissioner Lucht seconded by Commissioner "Simmons to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Lucht, Erickson and Simmons. Voting against: none. The motion passed. 6-26-80 -4- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80019 (John Maertens) Motion by Commissioner Simmons seconded by Commissioner Luc ht to recommend approval of Application No. 80019 , a request for a vari- ance from Section 35-400 and 35-111 of the Zoning Ordinance to allow the expansion of a structure which is nonconforming as to rear yard area, on the grounds that the standards for a variance are met. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Lucht, Erickson and Simmons. Voting against: none. The motion passed. DISCUSSION ITEM The Secretary brought to the Commission's attention a request for a conditional use permit to build and operate a self-service car wash in Brooklyn Park immediately north of the Ponds development of Brooklyn Center. He noted that the proposed use would not be allowed if the land in question were located in Brooklyn Center due to its abutment with R3 zoned land. He added, however, that the Brooklyn Park ' Zoning Ordinance is not -as restrictive and that the proposed use would be allowed under. certain conditions. In ' response to a question from Commissioner Erickson, the Secretary stated that the options of the Planning Commission are three-fold: 1. Not to comment at all; 2. To ask for Brooklyn Center Zoning .Ordinance Standards to be applied to the develop- ment; 3. To object to the use entirely. The Secretary recommended that the Planning Commission object to the use as presented in the existing proposal. He stated that any such use should be approved only after appropriate buffers have been provided. Commissioner Erickson suggested that residents of the Ponds be notified if Brooklyn Park has not already done so. The Secretary answered that he would look into this if it was feasible._ Com- missioner Simmons pointed out that drainage from the site would . probably flow into Shingle Creek and thereby into Brooklyn Center. She stated that any such drainage should be controlled so that there is no negative impact on the creek or on Brooklyn Center property owners downstream. Commissioner Erickson stated that he felt the Planning Commission should take a strong position in. opposition to the proposed self- service car wash. The other members of the Planning Commission generally agreed with this position. Commissioner Theis suggested that a letter be sent making two main points: 1. Point out that the proposed use is not permitted in Brooklyn Center and that if possible the proposal should be denied. 2. If the Brooklyn Park Ordinance does not allow for denial of such a permit 6-26-80 -5- altogether, then Brooklyn Centex Standards should be followed in providing buffers and screening from abutting properties in Brooklyn Center. Commissioner Simmons added that proof should be provided by the applicant that drainage will not affect Shingle Creek. She also suggested that screening include Evergreen trees for year-round effectiveness. The Planning Assistant added the possibility that the property be rezoned entirely since the potential uses do not seem compatible with surrounding property in Brooklyn Center. The Secretary stated that he would convey the sentiments of the - Commission to the Brooklyn Park Planning Commission via a letter. ADJOURNMENT Following a brief discussion of previous business items, •there was a motion by Commissioner Erickson seconded by Commissioner Theis to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Lucht, Erickson and Simmons. Voting against: none. The motion passed. The Planning Commission adjourned at 9:17 p.m. Chairman t 6-26-80 -6