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HomeMy WebLinkAbout1980 11-20 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 STUDY SESSION NOVEMBER 20 , 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 Theis, Manson, Erickson and Simmons. Also present were Director of Planning and Inspections Ronald Warren and Planning Assistant Gary Shallcross. The Secretary noted that Commissioners Malecki and Lucht had notified him that they were unable to attend this evening' s meeting, and were ex- cused. APPROVAL OF MINUTES - October 23, 1980 Motion by Commissioner Manson seconded by Commissioner Erickson to approve the minutes of the October 23, 1980 meeting as submitted. Voting in favor: Chairman Hawes , Commissioners Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. APPLICATION NO. 80033 (A.F.I .A. Associates) Following the Chairman' s explanation, the Secretary introduced the first item of business, a request for a variance from the Sign Ordinance to allow a 25 square foot real estate sign on the building located at 5901 John Martin Drive, rather than the 5 square feet allowed under the Sign Ordinance. The Secretary re- viewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 80033 attached) . The Secretary then referred the Planning Commission to two draft ordinance amendments relating to temporary real estate signs. He recalled that the discussion at the October 23, 1980 meeting cen- tered around the number of signs to be permitted and the walls which would be eligible for temporary real estate signs. The Secretary explained that some of the conditions requested by the Planning Commission at its October 23, 1980 meeting would make the ordinance governing temporary real estate signs unenforceable. He stated that the two drafts before the Commission allow the option of either keeping the size of the sign uniform and leaving the choice of the wall open to the building proprietor; or to keep the wall fixed based on street abutment and to allow flexibility in size of the sign based on setback and wall area. Commissioner Erickson noted that the ordinance amendments stipulate that temporary real estate signs are allowed only when a vacancy exists. He asked whether this would apply when notice is given that a vacancy will occur. The Secretary stated that that was his interpretation. Commissioner Erickson suggested that the word- ing should perhaps be amended to reflect that understanding and that it should apply to the sale as well as rental of dwelling units or commercial or industrial tenant spaces. 11-20-80 -1- Commissioner Simmons asked the Secretary which draft he recom- mended. The Secretary stated that his preference was for the original draft which did provide flexibility in the size of the sign while keeping the choice of the wall fixed. He stated that he did not recommend leaving the choice of the wall open to the proprietors since this might lead to billboard type signs adver- tising availability of space across other private properties to freeway traffic and also the enforcement of the provision is difficult at best without some type of permit. He noted that the present ordinance does allow flexibility in the choice of the wall in the• case of apartment complexes. Chairman Hawes raised the situation of a building located at a street corner and asked whether it would be entitled to one sign or two. The Secretary answered that in the 'case of either ordi- nance draft, two signs would be permitted. In answer to a question from Commissioner Erickson, the Secretary calculated that because of the size of the wall area and setback from John Martin- Drive, the A.F.I.A. building would be entitled to a 20 square foot temp- orary real estate sign under the original draft ordinance amendment. In response to a question from Commissioner Simmons , the Secretary stated that the size of a freestanding real estate sign would be limited to 10 square feet of 50% of an existing freestanding identi- fication sign whichever is less. There followed a continued dis- cussion of enforcement of the new ordinance. The Secretary also briefly reviewed other ordinance amendments relating to directional signs and signery permitted. at public places. There was also some discussion of what real estate signs would be permitted for build- ings within a complex. The Secretary stated that a complex would be entitled to one sign per street abutment with the size of the sign determined by the wall size and setback of the building chosen for the sign. PUBLIC HEARING Chairman Hawes then opened the meeting for a continued public hearing. Mr. Tom McCoy of A.F.I.A. Associates stated that he had nothing further to add to the Secretary' s presentation. Com- missioner Manson asked whether A.F.I.A. would prefer the option of utilizing part of an existing freestanding identification sign. Mr. McCoy responded in the affirmative, noting that under their circumstances it would provide for much better exposure.. CLOSE PUBLIC HEARING Motion by Commissioner Erickson seconded by Commissioner Simmons to close the public hearing. Voting in favor: Chairman Hawes, Commissioners Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. -ACTION RECOMMENDING DENIAL OF APPLICATION NO. 80033 (A.F.I.A. Associates) Motion by Commissioner Simmons seconded by Commissioner Theis to recommend denial of 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, on the grounds that the Standards for a Variance are not met. Voting in favor: Chairman Hawes, Commis- sioners Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. 11-20-80 -2- ACTION RECOMMENDING APPROVAL OF A SIGN ORDINANCE AMENDMENT Motion by Commissioner Manson seconded by Commissioner Erickson to recommend approval of three amendments to Section 34-140 of the Sign Ordinance (attached) . Voting in favor: Chairman Hawes , Commissioners Theis, Manson, Erickson and Simmons . Voting against: none. The motion passed.. APPLICATION NO. 80047 (Metropolitan Salad and Produce) The Secretary introduced the next item of business , a request by Metropolitan Salad and Produce to sell produce directly to the public in an industrial district at 6840 Shingle Creek Parkway. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 80047 attached) . At the conclusion of the report, the Secretary stressed the ' conditions requiring modifications to the tenant space in the Spec. IV industrial building if the retail operation is to be permanent. Chairman Hawes inquired whether any refrigeration units have been installed in the retail area. The Planning Assistant answered that there are none at this time, but added that in the warehouse space which Metropolitan Salad and Produce has at 6840 Shingle Creek Parkway, there will be installed some rather large refriger- ation units. Commissioner Simmons asked for a clarification of the term "produce. " The Planning Assistant explained that there had been an error in the staff report -based on a misunderstanding of the applicant' s intentions. He explained that processed food items would not be offered for sale to the general public, only raw produce. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Mr. .Jerry Newgard representing Metropolitan Salad and Produce, explained to the Planning Commission that his firm sells processed and nonprocessed foods to Mexican and Oriental restaurants in the Twin Cities area. He stated that the retail aspect of the opera- tion is intended to operate similar to a farmer' s market. In response to a question from Commissioner Simmons , Mr. Newgard stated that he does anticipate enough customers to make the retail operation go. He stated that the company had done $600. 00 of gross sales on Tuesday. Commissioner Simmons asked whether the purpose of the retail oper- ation was to reduce overstocks of produce. Mr. Newgard responded that that was not the purpose of the operation. He stated that it would serve as a clearing house for other food brokers in the area who have produce that they must sell quickly and will do so at a greatly reduced price. He stressed that the produce is high quality and is not being dumped because it has been sitting too long. Commissioner Simmons asked whether the operation would be limited to fresh produce. Mr. Newgard stated that, with the ex- ception of nuts around Christmas time, only fresh produce would be sold. Chairman Hawes asked whether shredded lettuce would be sold. Mr. Newgard responded that no processed food would be sold at the retail market, that all processed items would be shipped from 6800 Shingle Creek Parkway to wholesale customers. In re- sponse to a question from Chairman Hawes regarding deliveries , Mr. Newgard stated that most of the produce would go directly to 6800 Shingle Creek Parkway, before coming to the market. Mr. New- gard added that the recommendation of the health and building 11-20-80 -3- inspectors are acceptable to him and would not present any major problems. The Secretary inquired whether the produce sold at 6840 Shingle Creek Parkway would also be wholesaled from that location. Mr. Newgard responded that wholesale shipments would be made from 6840 Shingle Creek Parkway, but not from the tenant space where retail trade is going on. The Secretary explained that the word- ing of the ordinance which allows retail operations within the industrial park zone distinguishes between retail sale of items which are processed or wholesaled on the use site and a strict retail operation. He stated that it might affect the approval of the permit if a strictly retail operation were being proposed. Commissioner Theis asked Mr. Newgard if he had any intention. of expanding the retail operation beyond the one tenant space pre- sently utilized. Mr. Newgard stated he had- no plans to expand the operation. The Secretary commented that the Spec. IV indus- trial building site was designed primarily for industrial uses and not for retail. He discouraged the spread of retail sales operations to many other spaces within the building. Mr. Newgard explained to the Planning Commission that the Sani- tarian has requested that any packaged food items offered for sale be packaged at 6800 Shingle Creek Parkway where the business has a licensed food handling facility. Commissioner Simmons referred to the concern of-staff that if this special use permit is granted, other industrial tenants may follow suit. She asked Mr. Newgard whether the high quality of the foods sold at 6840 Shingle Creek Parkway implied that the food sent to regular retailers is of a lower quality and also, whether this operation would undercut food retailers generally. Mr. Newgard stated that the market of customers using 6840 Shingle Creek Park- way would not be significant enough to affect either the food sent to retailers or the livelihood of those retailers generally. The Secretary made reference to the Standards for Special Use Permits and stated that each case must be evaluated on its own merits. He stated that a decision to approve this special use permit would not necessarily legitimatize all other requests. Commissioner Simmons asked whether the proposed operation would preclude a retail operation from starting in another tenant space at 6840 Shingle Creek Parkway. The Secretary answered that, based on the available parking at the site, more retail could still be accommodated depending on the circumstances. Mr. Newgard stated that he would submit for the record a letter which he has re- ceived from the owner of the building stating that Metropolitan Salad and Produce is entitled to the use of up to 102 parking stalls on the site. In response to a question from Commissioner Theis regarding off- site directional signs , Mr. Newgard admitted that he had not re- ceived permission to place any directional signs in locations off the property. He added that a flyer was being prepared to inform people of the location of the warehouse. The Secretary commented that signery for the speculative industrial buildings between Shingle Creek Parkway and 69th Avenue North is governed by a reso- lution of the City Council which essentially prohibits any sign 11-20-80 -4- visible from 69th Avenue North. In. response to a question from .Commissioner Theis regarding handi- capped parking, the Secretary stated that since handicapped park- ing requirements are calculated on the basis of the number of stalls, these have probably already been accounted for in the original approval. Commissioner Theis commented that the food that he has purchased at the enclosed market at 6840 Shingle Creek Parkway is of high quality, but added his observation that accessi= bility for handicapped persons would seem to be nearly impossible. Commissioner Theis also asked whether a directional sign for the operation would be permitted on Shingle Creek Parkway. The Secre- tary answered that that was a possibility. CLOSE PUBLIC HEARING Motion by Commissioner Theis seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Hawes , Com- missioners Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. The Planning Assistant inquired whether, during the growing season, produce from local farms would be marketed. Mr. Newgard answered that this would be the case during the summer months , but that deliveries would be received in the standard fashion. The Secre- tary explained that outside storage and sales is not permitted in the I-1 zone. Mr. Newgard stated that he had no desire to do so. In response to a question from Commissioner Theis , Mr. Newgard 'stated that the hours of operation proposed in the letter are as much as he cares to get into right now. Also in answer to Commis- sioner Theis , the Secretary recommended that the permit be reviewed by the Planning Commission after one year to assess the impacts of the use on the industrial tenants in .the area. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 80047 (Metropolitan Salad and Produce) Motion by Commissioner Erickson seconded by Commissioner Theis to recommend approval of Application No. 80047, a request by Metro- politan Salad and Produce Company to sell produce directly to the public in an industrial district at 6840 Shingle Creek Parkway, subject to the following conditions : 1. The hours of operation (applies to sales only) shall be from 10 :00 a.m. to 7:00 p.m. Tuesday through Friday and 8 :00 a.m. to 5 :00 p.m. Saturday. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. The permit is subject to all applicable codes ordinances , and regulations and any violation thereof shall be grounds for revocation. 4. The permit is subject to the approval of the City Sanitarian with respect to food storage and handling facilities. 5. The permit is subject to approval by the Building Official of all remodeling plans to 11-20-80 -5- make the space conform to commercial occupancy standards of the Uniform Building Code. 6. The operation is limited to the current 2600 square feet tenant space at 6840 Shingle Creek Parkway. 7. The permit is subject to a review by the Planning Commission after one year of oper- ation to assess the impact on surrounding lard uses. 8. No outside storage, display or sales of merchandise on the premises is comprehended by this special use permit. 9 . The applicant shall provide a letter from the owner of the Spec. IV Industrial Building de- tailing parking rights accorded to Metropolitan Salad and Produce at 6840 Shingle Creek 'Parkway prior to consideration by the City Council. 10 . All signery associated with the special use shall be subject to the sign policy contained in City Council resolutions 74-169 and 77-67 and to the Sign Ordinance generally. Voting in favor: Chairman Hawes, Commissioners -Theis, Manson, Erickson and Simmons. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary briefly informed the Commission that the special use permit for Snacks and Nick Nacks in a tenant space at the Humboldt Square Shopping Center is under review. by the City Council. He stated that apparent violations of the conditions of the special use permit have been observed by City Staff, in- cluding the area devoted to games exceeding the 30% stipulated in the approval. The Secretary also stated that the Police have reported the sale of stolen goods at the store. He noted that these alleged violations have caused the City Council to request the permit holders presence at their December 8, 1980 meeting to show cause why the permit should not be revoked. The Secretary next informed the Planning Commission of an invi- tation from the Economic Development Committee of the Chamber of Commerce to breakfast at 7: 30 a.m. on December 17, 1980 . Most of the Planning Commissioners indicated that they would like to attend. The Secretary stated that the Economic Development Committee has been working on a senior citizens apartment development, possibly located on the property to the south of the Library on Shingle Creek Parkway, and on access problems to the Westbrook Mall. In regard to Westbrook Mall, the Secretary stated that it is likely another median break will be provided along County Road 10 and that the owner of the Westbrook Mall has indicated this would be a benefit to his property. Commissioner Erickson stated that he would be unable to attend the December 11, 1980 Planning Commission meeting. 11-20-80 -6- ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Manson to- adjourn the meeting of the Planning Commission. Voting in favor: Chairman Hawes, Commissioners Theis , Manson, Erickson and Simmons . Voting against: none. The motion passed. The Planning Commission adjourned at 9 :46 p.m. Chairman 11-20-80 -7- 1 1 1