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HomeMy WebLinkAbout1980 10-23 PCM r 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 OCTOBER 23, 1980 CITY HALL CALL TO ORDER The Planning Commission met in study session and. was called to order by Chairman William Hawes at 7:36 p.m. ROLL CALL Chairman Hawes, Commissioners Malecki, Theis , Manson, Lucht, Erickson_ and Simmons. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - October 9 , 1980 Chairman Hawes and Commissioner Malecki both pointed out errors in the second paragraph of page 6 in the minutes relating to access to the gas station at 63rd and Brooklyn Boulevard. Motion by Commiss- ioner Malecki seconded by Commissioner Theis to approve the minutes of the October 9, 1980 Planning Commission minutes as corrected. -Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Erickson and Simmons. Voting against: none. Not voting: Com- missioners Manson and Lucht.'. The motion passed. APPLICATION NO. 80044 (Lutheran Church of the Master) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval of a two lot subdivision including the Lutheran Church of the Master and the single family residence to the east 1200 and 1120 - 69th Avenue North, respectively. The *Secretary reviewed. the contents of the staff report (See Planning Commission Information Sheet for Application No. 80044 attached) . Commissioner Theis asked whether it was. the intent of the church to sell the residence to the east. The Secretary responded that this was his understanding. Commissioner Theis noted a blacktopped area on the residential property which had its access through the church property. The Secretary acknowledged this and pointed out that there is also an unimproved driveway serving the . residence from 69th Avenue. He stated that the plan approval for -the addition to the church comprehended removal of the blacktopped` drive on the east side of the church. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Mr. Paul Monteen, representing the Lutheran Church of the Master, stated that the conditions of approval including. the removal of the shed which eftcroaches on the proposed property line and the dedication, of seven additional feet of right-of-way posed no problems for the church. CLOSE PUBLIC HEARING Motion by Commissioner Lucht seconded by Commissioner Erickson to close the public hearing. Voting in favor: Chairman Hawes, Com- missioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. 10-23-80 -1- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80044 (Lutheran Church of the Master) Motion by Commissioner Erickson seconded by Commissioner Malecki. to recommend approval of Application No. 80044, preliminary plat approval of a two lot subdivision including the Lutheran Church of the Master and the residence to the east on 69th Avenue North, subject to the following conditionss 1. The final plat is subject to approval by the City Engineer. Ilk 20 The final plat is subject to the requirements of Chapter 15 of the City's Ordinances. 3. The plat shall be modified, prior to final plat approval, to -indicate dedication of 7 feet of ' additional right-of-way along 69th Avenue North. 4. The storage shed on the northwest portion of lot 2 shall be relocated in a manner to meet setback requirements for accessory structures prior to final plat approval. A Voting in favor: Chairman Hawes, Commissioners Malecki, -Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The: motion passed unanimously.. APPLICATION NO. 80045 (Gittleman Corporation) The Secretary then introduced the next item of business, request for site and building plan approval of four garages and a small parking lot within the Twin Lake North apartment complex at 4500_ 58th Avenue North. The Secretary reviewed the contents of the staff report and pointed out the location of the complex and of the project in question on transparencies. (See Planning Com- mission Information Sheet for Application No. 80.045 attached) , In response to a question from Commissioner Theis, the Secretary explained that the fire stops .to be installed in all of the garages would keep any smoke resulting from a fire from directly entering the living units which are attached to the garages. In response to a question .from Commissioner Simmons, the Secretary stated that another garage fire at the Twin Lake North Apartment complex had also resulted in smoke damage to living units. Chairman Hawes called on the applicant for any comments he might have. Mr. Gittle- man stated that he was satisfied with the report of the staff. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80045 (Gittleman Corporation) Motion by Commissioner Theis seconded by Commissioner Manson to recommend approval of Application No. 80045, site and building plan approval for the reconstruction of four garages destroyed by fire and the completion of a 12 stall parking lot in the vicinity of Apartment No. 19 at the Twin 'Lake North Apartment complex at 4500-58th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 10-23-80 -2- 2. Grading and drainage plans are subject to approval by the City Engineer prior to the issuance- of building permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements. 4. Fire stops shall be installed in all garages in the Twin Lake North Apartment complex prior to release of the performance guarantee. 5. B612 curb and gutter shall be provided around the new parking lot. 6. The parking lot surface shall meet the minimum requirements of the Zoning Ordinance and be appropriately striped. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. APPLICATION NO. 80033 (A.F.I.A. Associates) The Secretary next reviewed a brief report on Application No. 80033, a request for a variance from the Sign Ordinance 'to allow a 25 square foot real estate sign at 5901 John Martin Drive. He also reviewed a draft ordinance amendment relating to such real estate signs. In response to a question from Commissioner -Lucht, the Secretary stated that the distance to be used in determining the amount of signery permitted--would be calculated from the property line to the building. Chairman Hawes raised the example of a building set at an angle to the right-of-way. He asked which wall. would be eligible for a sign under the proposed ordinance. The Secretary stated that both walls would be eligible for a sign. Chairman Hawes asked how the wall area for such. signs would be determined. The Secretary answered that it would be based on total wall area as for identification signs. Chairman Hawes asked how large a sign the A.F.I.A. building would be entitled to under the proposed ordinance. The Secretary calculated that since the wall area facing right-of-way was less than 1,000 square feet and the build- ing is more than 300 feet from right-of-way, the maximum allowable sign would be 20 square feet. Commissioner Theis asked whether existing signs on churches would conform to the proposed ordinance for church identification signs. The Secretary responded that they may not all be in conformance with the propose ordinance, but that they should be, to be con- sistent with the si.gnery allowed for public places. Commissioner Theis asked whether a cross would be considered a logo and, there- fore, an identification sign. The Secretary stated that it was his understanding that these types of religious insignias were considered signs not requiring a permit. The Secretary, referring to the proposed ordinance for temporary real estate signs, stated that the proposed ordinance ties temp- orary real estate signs for apartments and commercial and industrial 10-23-80 -3- buildings together under the same formula and allows signs, in both cases above the first floor. Commissioner Lucht agreed with this approach, pointing out that berming which is often required by the Planning Commission may, at times, block out a sign on the first floor. Commissioners Simmons, Erickson and Manson all agreed with this point. Commissioner Erickson asked how many signs would be allowed if there are multiple buildings within a single complex. The Secretary answered that only those buildings which actually have vacancies would be allowed to post a •temporary real estate kign. In answer to a comment by Commissioner Manson regarding a building in a com- plex which is not readily seen from public right-of-way, the Plan- ning Assistant pointed out that the option of utilizing an existing freestanding identification sign would solve that problem. Com- missioner Theis suggested that the ordinance allow only one vacancy sign per complex. There followed a discussion of the term "complex" . . • in which the staff recommended certain ways of defining complex on the basis of a single parcel or use. Commissioners Erickson and Lucht preferred not to attach so many definitions to the ordinance. Commissioner Theis and Commissioner Malecki, on the other hand, both stressed the need for clear definitions. Commissioner Lucht referred to the complex of industrial buildings including Spec. X, XI, XII, XIII and XIV. He suggested that each building should be allowed its own temporary real estate sign. Chairman Hawes and Commissioner Manson suggested that the proposed ordinance be left as it is and that it be altered if problems arise. Chairman Hawes then recognized Roger Newstruin of -Brooklyn Center Industrial Park to speak regarding the proposed ordinance. Mr. Newstrum stated that he was pleased with the direction staff have moved in with the proposed ordinance amendment, but added that Brooklyn Center Industrial Park would like to see certain modifi- cations. He called on Mr. Janis Blumentals to present those recom- mendations. Mr. Blumentals recommended that the distance which would give a bonus to the- allowable signery be determined not from a frontage road, but from the freeway itself in the appropriate cases. He also suggested that the maximum size sign for a building over 1,000 square feet be 24 square feet rather than the 16 square feet recommended by staff. He also recommended reducing the dis- tances which allow for greater signery from 100 feet to 50 feet and from 300 feet to 200 feet for a 50% and 100% bonus respectively. Commissioner Erickson responded that he did not support larger signs or shorter distances. The Planning Commission then discussed at great length the' relation- ship of signs to public thoroughfares. Commissioner Erickson and Simmons stated that for the signs to be effective, they must be visible from the roadway itself. Commissioner Lucht stated that right-of-way lines are used for setbacks, buffers, etc. and to be- gin to use some other point of reference would be confusing and inconsistent. Mr. Blumentals argued in favor of calculating allow- able signery on the basis of distance from the roadway. The Plan- ning Assistant stated that right-of-way is intended, if not ex- plicitly stated, in the proposed ordinance because it provided a clear determination of abutment. He stated that any number of buildings could be said to "face" the freeway and be more than 300 feet from the roadway, but that the Sign Ordinance should restrict the signery facing the freeway to those properties which 10-23-80 -4 actually abut the freeway to avoid billboard-like signs. The Commission generally agreed that the size of a temporary real estate sign should be subject to a building's distance from right-of-way abutment. Chairman Hawes, however, suggested that whatever size sign is allowed, the building owner should be free to place the sign on whatever wall he wishes and to appeal to people in any direction he chooses. There was a lengthy discussion concerning the tech- - nicalities of buildings set at an angle and L-shaped buildings and the definition of terms , etc. Finally, Commissioner Theis recommended that the ordinance be re- feXred back to staff for rewording to allow one temporary real estate sign per street abutment and to leave the choice of the wall open to the property owner. ACTION RECOMMENDING TABLING APPLICATION NO. 80033 (A.F.I.A. Associates) Lotion by Commissioner Lucht seconded by Commissioner Erickson to table Application No. 80033, a request for a variance from the Sign Ordinance to allow a 25 square foot temporary real estate sign rather than the 5 square feet allowed by the present ordinance, on the grounds that the applicant is not present. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Manson, Lucht, . Erickson and Simmons . Voting against: none. The motion passed unanimously. RECESS The Planning Commission recessed at 9 : 31 p.m. and resumed at 9:52 p.m. _ APPLICATION NO. 80038 (K-Mart Corporation) The Secretary introduced the next item of business , a request by . K-Mart Corporation for site and building plan and special use per- mit approval to operate the auto center and construct a new garden shop at 3600-6.3rd Avenue North. The Secretary reviewed the con- tents of the staff report (See Planning Commission Information Sheet for Application No. 80038 attached) . The Secretary continued his review of the site by referring the Planning Commission to comments from the Minnesota Department of Transportation regarding the closing of the southerly curb-opening along Brooklyn Boulevard and the addition of a deceleration lane leading to the middle entrance as well as a modification to the middle entrance. The Secretary went on to discuss the north green strip-, the need for opaque fencing where the K-Mart property abuts the apartments to the north, and an opening for a walkway. He stated that the plan has been reviewed and redlined in discussions with the applicant and that the major question to be considered by the Planning Commission should be the closing of curb breaks on Brooklyn Boulevard and 63rd Avenue and the possible requirement for a deceleration lane northbound on Brooklyn Boulevard. Chairman Hawes asked what the affect would be on the sidewalk along Brooklyn Boulevard if the turn lane were installed. The Secretary stated that the sidewalk and the greenstrip along Brook- lyn Boulevard would have to be shifted eastward to accommodate the 10-23-80 -5- new deceleration lane. He also noted -that the need for such an improvement has arisen as a result of greatly increased traffic along Brooklyn Boulevard since the building was built. The Secretary then reviewed the conditions of approval recommended by staff and additional conditions regarding dedication of roadway along Beard Avenue and along Brooklyn Boulevard for the plat appli- cation; a provision for a water shut-off for the waterline leading to the gas station; and modification of the plan in accordance with MN/DOT recommendations. In response to a question from Chairman Hawes, the Secretary stated that the hours of operation recommended at the new K-Mart would not be the same as the K-Mart on Earle Brown Drive. He explained that the automotive center in question abuts residential property while the existing K-Mart store is in a commercial zoning district with little or no adverse impact on surrounding properties. He also pointed out that sales of auto parts and equipment would not be restricted. In response to another question from Chairman Hawes regarding outside storage at the garden shop, the Secretary stated that outside storage in the C2 zone is permitted if screened, and that specific7.ly garden shop merchandise may be stored outside under authorization of an administrative land use permit for 30 weeks per year. a Commissioner Erickson asked whether the applicant has agreed to the MN/DOT recommendations. The Secretary stated that staff have re- ceived indications that K-Mart agrees to the closing of the south opening on Brooklyn Boulevard, but not yet to the request for a turn lane, the closing of the westerly curb cut on 63rd Avenue North or the modifications to the middle curb cut on Brooklyn Boulevard. Mr. Jay Jeschke, representing K-Mart, stated that he was not sure what K-Mart would do with the existing gas station at the corner of 63rd and Brooklyn Boulevard. But, he stated, it would probably not be desirable to close both curb cuts in the vicinity of the gas station if that facility is to continue. Chairman Hawes stated that both curb cuts require automobiles to cross two lanes of traffic within a short distance to make turns into the gas station. He stressed that this is an unsafe situation that should not be allowed to continue. Mr. Jeschke stated that he personally .is not opposed to the recommendations of MN/DOT, but that it would affect the budget he has to work with and that the home office has not okayed the recommendations. Commissioner Theis asked whether the existing gas station site meets the requirements laid out in the ordinance for service sta- tions. The Secretary responded that the station does meet some of the ordinance minimum standards, with the exception of abutment . at a street line with residential property. The Secretary reviewed the access points to the K-Mart site on an aerial photograph for the Planning Commission. He pointed out that even after the closing of the two curb cuts adjacent to the intersection of 63rd and Brooklyn Boulevard, the- site would still have four access points which is more than the K-Mart on Earle Brown Drive. Commissioner Theis observed that the median in Brooklyn Boulevard probably would not be extended to the north if traffic congestion problems were eased in this area. He stated that revising the entrance to Brooklyn Boulevard from the K-Mart site might actually delay the time when the median would be extended. 10-23-80 .6_ The ,Secretary acknowledged this, but stated that closing access . points to Brooklyn Boulevard should also reduce accidents and other traffic problems since MN/DOT studies indicate that accidents are positively correlated with the number of access points within a given area. Commissioner Simmons pointed out that closing the curb cuts adjacent to the gas station might lead to more traffic problems within the K-Mart parking lot. The Secretary answered that from the standpoint • of the general public using Brooklyn Boulevard or 63rd Avenue North, it is preferable to have those traffic problems contained within the parking lot rather than spilling out onto the public street. The Secretary pointed out that he was recommending taller growing trees along the north greenstrip spaced 40 feet apart as a way of screening out the duct work behind the building. The Planning Com- mi.ssion ..agreed with this suggestion and in general commented favor- ably on the landscape plan. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80038 (K-Mart Corporation) .Motion by Commissioner Theis seconded by Commissioner Malecki to recommend approval of Application No. 80038, a request for a special use permit and site and building plan approval to operate an auto center and build a garden shop at 3600-63rd Avenue North, 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 and utility and landscaping plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the - ,, City Manager) shall be submitted to assure com- pletion of approved site improvements prior to the issuance of permits. This guarantee will not be released until the proposed plat is finaled and filed with the County. 4. All outside trash disposal facilities and mechan- ical equipment shall be screened from view to the maximum extent possible. 5. The special use permit for the automotive service center is issued to K-Mart as the operator of the facility and is nontransferable. 6. The special use permit is subject to all applicable codes, ordinances and regulations including special licensing requirements and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinance. 10-23-80 -7- 8. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 9. B612 curb and gutter or B6 curb shall be provided along the north side of the parking lot as approved by the City Engineer. 10. The plans shall be modified to show handicapped parking stalls and ramping prior to consideration by the City Council. 11. The hours for providing service to vehicles shall be from 8:00 a.m. to 9 :00 p.m. , Monday through Friday and 10 :00 a.m. to 6 :00 p.m. Saturday. No service shall be performed on Sunday. Sales of automotive products shall be during the same hours as the rest of the K-Mart store. 12. The plans shall be modified in accordance with MN/DOT recommendations to close the westerly curb break on 63rd and the southerly curb break on Brooklyn Boulevard. The middle curb break on Brooklyn Boulevard shall ,be modified and a turn lane provided. Reconsideration of the access to the service station may be considered when s the special use permit for this operation is activated. 13. Building permits for the new garden shop will not be issued until the new plat has been finaled and filed with the County. 14. The applicant acknowledges that if the existing foliage screening along the property line with the school should fail, it shall be the obligation of K-Mart to install some other opaque screening . device, not less than 6 ' in height. 15 . The applicant shall provide a water shut-off valve ' for the water service leading to the gasoline service station. 16. The plans shall be modified to indicate 2h" to 3" diameter trees such as Ash, Maple, Linden, etc. , along the north property line to provide additional screening of the mechanical equipment in the rear of the building. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lueht, Erickson and Simmons. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80039 (K-Mart Corporation) Motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Application No. 80039 , a Registered Land Survey of the property at 3600-63rd Avenue North, subject to the following conditions : 10-23-80 -8- t 1. The final plat is subject to Chapter 15 of of the City Ordinances. 2. The final plat is subject to approval by the City Engineer. 3. The plat shall be modified to provide roadway dedication on Beard Avenue prior to final plat approval. 4. The plat shall be modified to provide the necessary roadway dedication for a turn lane as comprehended by site plan approval of Application No. 80038-. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Erickson and Simmons. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The Secretary briefly notified the Planning Commission that a new proposal for the Earle Brown Farm might be- in .the works involving the_ manufacture of electric cars. He stated that this is not a use which is explicitly permitted by ,the Zoning Ordinance and that retail sale of automobiles was consciously omitted from those uses permitted in the I-1 zone. He stated that there may be an appeal of the matter to the Planning Commission. Chairman Hawes asked whether the restaurant/nightclub proposal by the -Trader and Trapper group was still a possibility. The Secretary answered that it may or may not be dead, depending on whether a source of financing could be found. The Secretary next briefly explained that the screen fence between Spec.. VII and the-Earle Brown Farm Apartments is in very poor shape with many of the boards missing entirely. He stated that there has been a problem maintaining the fence and that the owners have pro- posed to use a. dense shrubrow to substitute for the fence as a screening device on the north and to repair the fence on the west. He stated that the staff agrees with this approach. The Planning Commission made no objection to this proposal. Commissioner Simmons left at 11:04 p.m. ADJOURNMENT There was a motion by Commissioner Lucht seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes , Commissioners Malecki , Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. The Planning Commission adjourned at 11:05 p.m. ),IV Chairman 10-23-80 -9- 1 1 1