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HomeMy WebLinkAbout1981 05-21 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 MAY 21, 1981 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7: 32 p.m. ROLL CALL Chairman William Hawes , Commissioners Molly Malecki, Richard Theis and Lowell Ainas . Also present were Director of Planning and In- spections Ronald Warren, Assistant City Engineer James Grube, and Planning Assistant Gary Shallcross . The Secretary noted that Com- missioners Manson, Lucht and Simmons had called to ask to be ex- cused from this evening' s meeting. APPROVAL OF MINUTES - May 7, 1981 Motion by Commissioner Theis seconded by Chairman Hawes to approve the May 7, 1981 minutes as submitted. Voting in favor: Commissioner Theis and Chairman Hawes . Voting against: none. Not voting: Com- missioners Malecki and Ainas . Chairman Hawes explained at the outset of business that Howe , Inc. would not be considered by the Planning Commission at this meeting and that anyone present to comment on that application should be aware that the Howe Fertilizer matter would not be considered until a later meeting. APPLICATION NO. 81016-A (Brooklyn Center Industrial Park) Following the Chairman`s explana;tron, the Secretary introduced the first item of business, a request for amended preliminary R.L.S. approval to create two lots rather than one on the property pre- sently occupied by the old Brooklyn Center Library and two vacant single-family residences at Brooklyn Boulevard and Northport Drive. He reviewed the contents of the staff report concerning the appli- cation (See Planning Commission Information Sheet for Application No. 81016-A attached) . He stated that the parking and landscape plan for the old Library site appears adequate. Chairman Hawes asked for a clarification as to whether the Lawyer's Addition to the north had been included in the C1 zoning district. The Secretary explained that it had been rezoned in 1978, not long after the Library property and the two residences to the north were rezoned to Cl. ' Chairman Hawes asked when the old Library would be occupied by the Girl Scouts . The Secretary answered that the Hen- nepin County Library has committed itself to moving to the new Library building on Shingle Creek Parkway in August of 1981 and that the old Library building could be occupied by the Girl Scouts sometime thereafter. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. Ms . Dixie Riley of the Girl Scouts briefly addressed the Planning Com- mission. She explained that the Girl Scouts would have 22 staff persons at the Library site to coordinate volunteer activity in the Girl Scouts for the Twin Cities area. She stated that the new 5-21-81 -1- parking area to meet the City' s ordinance requirement would be in- stalled after the Girl Scouts moved in. She encouraged the Plan- ning Commission to recommend approval of the amended plat, stating that she felt it meets the requirements of the City ordinance. Commissioner Malecki asked Ms . Riley how many parking spaces would be needed. Ms. Riley answered that the existing parking area on the site would probably be adequate. She also pointed out that a number of employees and volunteers would probably carpool or take the bus, since the organization is very energy conscious. She added that one of the reasons the site was chosen was because it is located on a busline. Chairman Hawes asked whether the Girl Scouts would put in the ad- ditional parking. Ms . Riley answered in the affirmative. There followed a brief discussion of the parking layout and how many spaces could be placed on the site . Commissioner Theis noted that the proposed property line between Tracts A and B goes through an existing garage. He asked whether this structure would be removed. Mr. Roger Newstrum answered that the garage would be moved from the site along with the two houses . He explained that B.C.I .P. is working with the Minneapolis Housing and Redevelopment Authority to find two lots in north Minneapolis where the houses can be moved and re-used. Chairman Hawes asked Mr. Newstrum whether B.C.I .P. intended to fill in the basements and establish viable turf on the site. Mr. Newstrum answered that B.C.I.P . intended to fully comply with this requirement. 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 and Ainas . Voting against: none. The motion passed. Commissioner Theis asked whether the proposed Tract B would be deficient in both size and frontage under the requirement suggested by the new Comprehensive Plan. The Secretary answered that it would be deficient only in land area, that there is more than 150 feet of frontage for the proposed Tract B which meets the proposed requirement in the updated Comprehensive Plan. He explained that the main concern of the Comprehensive Plan in recommending the 150 foot frontage requirement and one acre area requirement is to reduce the number of curb cuts along collector and arterial streets . Since the frontage of Tract B would be sufficient to meet the spirit of the proposed Comprehensive Plan and since the actual requirements are not in force, he recommended approval of the plat as proposed. Commissioner Theis agreed with this recommendation. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81016-A (Brooklyn Center Industrial Park) Motion by Commissioner Malecki seconded by Commissioner Ainas to recommend approval of Application No. 81016-A, subject to the following conditions : 1. The final plat is subject to review and approval by the City Engineer. 5-21-81 -2- 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. CORRECTION 3. The two single-family residences and all accessory structures , fences or walls not a part of the Library building property shall be removed from the proposed Tract B prior to final approval of the City Council for this Registered Land Survey. The foundations for these buildings shall be filled in and disturbed areas are to receive top soil and suitably seeded or sodded in order to maintain a viable turf. 4. Occupancy for the old library building shall not be granted until the Registered Land Survey has been given final approval by the City Council and filed with the County. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis land Ainas. Voting against: none. The motion passed. APPLICATION NOS. 81030 and 81031 (Pontillo's Pizza) The Secretary introduced the next item of business , a request for site and building plan approval to construct a 100 seat restaurant at 5937 Summit Drive and for a special use permit to operate a recreation room with seven electronic games within the same estab- lishment. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application Nos . 81030 and 81031 attached) . The Secretary also pointed out that the restaurant building needs to be shifted just slightly on the site plan so that a ten foot minimum setback is attained between the property line adjoining K-Mart and the restaurant. Chairman Hawes inquired as to a proposed wall shown on the floor plans between the order area and the game room and asked how the game room could be supervised with this wall separating the two areas. The Secretary answered that it was his understanding that the wall shown on the plan is not a full wall, but a bench. The Secretary went on to state that the City has had problems with game rooms that have located in Humboldt Square, primarily because of the surrounding residential neighborhood and the fact that these game rooms became hangouts for kids . He added that the City may be moving to a licensing procedure for game rooms rather than special use permits so that yearly fees can be collected, inspections made, and criteria set up for continued operation of game rooms . PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. A Mr. Nelson, representing Pontillo's Pizza explained that the wall separating the order area and game room would be a half wall or a glass wall. Commissioner Theis inquired as to the corner booth that seemed to be indicated on the plans . Mr. Nelson responded that that area represented a dead space. Mr. Mick Stenson, _president 'of Pontillo' s Pizza, explained that there would be a solid wall up to three feet and a full glass above that, between the order area and the game room to allow for full visibility. He clarified that the game room area is intended solely for restaurant patrons and not a separate clientele. He stated that the restaurant is too interested in getting pizza served to have to deal with mischief from kids that may come in just to use the games . Commissioner Ainas noticed that the floor plan shows no utility room and presumed from thais that there will be rooftop mechanical units . Mr. Stenson answered in the affirmative. Commissioner Ainas also pointed out that the elevations of the building do not show screening of those units as is required by City policy. He asked Mr. Stenson whether Pontillo's would be providing that screening. Mr. Stenson again answered in the affirmative. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Theis to close the public hearing. The motion passed. Commissioner Theis referred to the access plan at the west end of the site and asked the Assistant City Engineer whether he felt it was actually viable. The Assistant City Engineer answered that it is important that the access be designed so that traffic enters Earle Brown Drive at a 900 angle and also that it is placed in a location that is as close to being directly across from the LaBelle's access as possible. He stated that the general design of the layout had been developed within the Engineering Department and then sug- gested to the applicant. He acknowledged that the turning radius on the westerly access is quite tight, but that it should work. • He added that the access could still be revised after further eval- uation by the Engineering Department. Chairman Hawes asked for a clarification as to the requirement for a 125 ft. separation between driveways . The Secretary answered that the requirement for the 125 ft. offset is to keep accesses either across from each other forming something close to an intersection, or to allow enough room between accesses so that conflict between traffic movements will be minimized. Chairman Hawes asked whether access to the Pontillo's restaurant could be gained through the K-Mart site. The Secretary answered that, to his knowledge, the applicant sought such an arrangement, but was unable to work it out. Chairman Hawes wondered whether it would be better to eliminate the west driveway and provide an access onto Summit Drive. The Secretary reponded that Summit Drive is the busier street and that fewer accesses should be allowed onto Summit. He also explained that there is not adequate space between the K-Mart entrance and the intersection of Summit Drive and Earle Brown Drive for another access. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81030 (Pontillo' s Pizza) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 81030 , subject to the fol- lowing 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits . 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements . 5-21-81 -4- 4 . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5 . The 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 . 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances . 8. B612 curb and gutter shall be provided around all parking and driving areas . 9 . The plans shall be modified to indicate appropriate quantities of landscape items prior to consideration by the City Council. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis and Ainas. Voting against: none. The motion passed. Commissioner Theis noted that the building does not appear to be set back ten feet from the south property line. The Secretary stated that this could be corrected before the issuance of permits under the first condition. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81031 (Pontillo's Pizza) Motion by Commssssoner Theis seconded by Commissioner Malecki to recommend approval of Application No. 81031, subject to the fol- lowing conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2 . The permit is subject to all applicable codes , ordinances , regulations , and violation thereof shall be grounds for revocation. 3. House rules shall be clearly posted in the establishment and consistently enforced. The applicant shall submit a copy of any such. rules to the Director of Planning and Inspection prior to the issuance of the special use permit. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis and Ainas. Voting against: none . The motion passed. APPLICATION NOS. 81032 and 81033 (Lynbrook Bowl) The Secretary introduce tie next stem of busin ess , a request for site and building plan approval to construct a 230 seat restaurant addition to the Lynbrook Bowl at 6357 North Lilac Drive. The Secretary reviewed the contents of the staff report (See Planning 5-21-81 -5- Commission Information Sheet for Application No. 81032 attached) . The Secretary explained that an outlot along Camden Avenue North would be created by a proposed plat, north of the Spanjers property. The outlot would serve as an area for proof of parking for the Spanjers building. He explained that if the Spanjers building were entirely devoted to a retail use, it would require over 90 parking stalls, or some 81 additional stalls over what exists on the Spanjers property. The Secretary also commented on previous plans submitted to the Planning Commission for alterations and additions to the Lynbrook Bowl site. The Secretary also reviewed the staff report for Application No. 81033, a request for a variance to add on to a nonconforming structure (See Planning Commission Information Sheet for Application No. 81033 attached) . Chairman Hawes noted the plans indicated sod in the landscaped islands. He stated that he did not favor putting sod in these areas since it would likely die out. The Secretary agreed and recommended wood chips along with the proposed landscaping. Commissioner Malecki asked what is meant by a "vue" pattern. The Secretary explained that it referred to the glass block wall sections along the southeast side of the restaurant addition. Commissioner Ainas pointed out that the restaurant addition did not appear to have enough exits to meet building code requirements . The Secretary answered that this matter would be reviewed by the Building official and alterations required, if necessary, prior to the issuance of permits . The Secretary also noted that Lynbrook Bowl would be seeking a liquor license for the restaurant operation. Commissioner Theis asked whether liquor would be available in the bowling alley. The Secretary responded in the affirmative. PUBLIC HEARING Chairman Hawes opened the meeting for a public hearing and called on the applicant to speak. Mr. Steve Nelson, of Lynbrook Bowl, explained that the bowling alley would own and operate the food operation in the restaurant. In response to a question from Com- missioner Theis regarding the menu. Mr. Nelson said that hotdogs, hamburgers and other short order items would be served. He stated that the Blainebrook Bowl has a similar food operation and has no difficulty in reaching the 51% food to liquor requirement. Commissioner Theis pointed out that 24 ft. of the existing building would be visible from east of the addition. Mr. Brian Morgan, the architect for the project, stated that the construction plans do not call for any change in the existing building. He explained that the new addition would be painted to match the existing build- ing so that there would be no incompatibility. He also pointed out that it would be impossible to block out the existing building since it is taller than the proposed addition and would be visible in any case. In answer to a question from Chairman Hawes, Mr. Nelson stated that the liquor operation would close down at midnight or 1:00 a.m. and that no liquor would be served before noon on Sunday. Chairman Hawes asked Mr. Nelson how soon he planned on building the addition. 5721-81 -6- Mr. Nelson answered that he expected to start within 60 days . Mr. Nelson added that the Spanjers building has already been sold. Commissioner Theis noted that the site plan calls for land- scaping improvements on the Spanjers property and asked who would be responsible for these. Mr. Nelson answered that Lynbrook Bowl would pay for the installation and maintenance of these improve- ments on account of the fact that the bowling alley would be using the Spanjers property during the evening hours . The Secretary ex- plained that the new owner of the Spanjers building would not in- stall all of the parking required by ordinance because it is not a heavy retail operation. Chairman Hawes asked the applicant whether he would be willing to provide berming along North Lilaq Drive. Mr. Nelson stated he had no problem with that requirement. Commissioner Theis asked why the proposed plat would not take 50 ft. of right-of-way up to the edge of the existing building. The Secre- tary explained that this was primarily because of the need to main- tain a 35 ft. setback and that there was no feasible way of moving the addition back any further from the right-of-way. Mr . Steve Nelson explained that the addition could not be any further back without people walking on one of the bowling lanes or walking out- side to get to the restaurant. He also pointed out that the road- way was moved toward the bowling alley, not the bowling alley toward the road and that, therefore, the nonconforming situation was not created by the property owner. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public hearing. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81033 (Lynbrook Bowl) Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 81033, a request for a variance to allow for the expansion of a building which is nonconforming as to setback, on the grounds that the standards for a variance are met. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis and Ainas. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81032 (Lynbrook Bowl) Motion by Commissioner Malecki seconded by Commissl.oner Ainas to recommend approval of Application No. 81032 , a request for site and building plan approval to construct a 230 seat restaurant addi- tion to the Lynbrook Bowl at 6357 North Lilac Drive, 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City 5-21-81 -7- Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements . 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5 . The entire building is to be equipped with an auto- matic 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 . 6 . An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances . 8. B612 curb and gutter shall be provided around all parking and driving areas . 9 . The plans shall be modified prior to City Council review to provide additional berming along North Lilac Drive and to indicate B612 curb and gutter around the island areas . 10 . The property is required to be replatted in ac- cordance with Section 35-540 of the City Ordinances . The final plat shall be approved by the City Council and filed with the County prior to the issuance of building permits for the restaurant addition. 11. The building exterior, other than the facebrick treatment along the front side of the building, shall be uniform color on both the existing building and the new addition. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis and Ainas. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9 : 35 p.m. and resumed at 10 :05 p.m. APPLICATION NO. 81022 (Brooklyn Development Company) Following the recess, the Secretary introduce ' e next item of business, a request to rezone 5 .6 acres of land at the corner of Xerxes Avenue North and Shingle Creek Parkway from R3 to Cl. He reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 81022 attached) . Commissioner Ainas asked whether the Northwest Neighborhood Advisory Group had come to a conclusion regarding the location of the side- walk easement through the property. Commissioner Theis explained that it was recommended that the sidewalk not be a continuation of a public street, since this would invite bikers to race down 67th Avenue or Thurber Road and continue on into the townhouse complex. Chairman Hawes inquired as to the sidewalk along the south side of Freeway Boulevard. Mr. Al Beisner, representing Brooklyn Development 5-21-81 -8- Company, explained that the cost of the sidewalk would be assessed, along with the roadway, across the entire assessment district north of the freeway and would thereby relieve the cost to the townhouse development. Chairman Hawes asked what is the maximum height of buildings in the Cl zone. The Secretary answered that buildings may be up to three storey's in height in the C1 zone. PUBLIC HEARING Chairman Hawes then opened the meeting for a public hearing. There being no one present to speak on the application, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING 6 Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public hearing. The motion passed. Chairman Hawes asked whether it would be appropriate to require an assurance that the R3 development will go ahead before any office is built on the C1 property. The Secretary answered that the re- zoning cannot really be subject to such conditions , that the de- cision to rezone should be based on merits and not on specific considerations of timing. Mr. Beisner noted that the Mayor had expressed the conbern that the townhouse development be planned before any rezoning is approved. He stated that that has been done in this case, whereas, in other rezoning requests, the town- house area had been left unplanned. Commissioner Theis stated that the rezoning proposal is a good com- promise for all parties concerned. He agreed that the rezoning should not be tabled or conditionalized until the townhouses are built. He also pointed out that the fact that the residents of the area are not at the hearing indicates no major oppositions to the proposal. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81022 (Brooklyn Development Company-) Motion by Commissioner Theis .secon e recommend. approval of Application No. 810221, onsthe grounds that it is consistent with the guidelines for evaluating rezonings . Voting in favor: Chairman Hawes, Commissioners Malecki, Theis and Ainas. Voting against: none. The motion passed. DISCUSSION ITEMS The Secretary noted that the M.T.C. has not submitted a landscape Plan amendment and that it will, therefore, have to be deferred until a later meeting. He briefly reviewed the two alternative ordinance amendments allowing for the assembly and/or manufacture of electric vehicles in the industrial park zone. He stated that he still recommended the first alternative limiting the operation to assembly only, but encouraged the Commission to review both alternatives for a decision at a later meeting. The Secretary then reviewed the discussion at the recent City Council meeting regarding the Earle Brown Farm. He stated that a plat and a site plan will be submitted for review at the next Planning Commission 5-21-81 -9- meeting. He stated that by that time the Minnesota Historical Society will comment on the historical value of the Earle Brown Farm and that an evaluation by a consulting firm will be sub- mitted regarding the feasibility of moving and preserving various farm buildings. He stated that some buildings have to be moved to make way for the continuation of Earle Brown Drive which will serve the Ryan Construction office development to the west. He also stated that the opinion of the Council was mixed regarding the options for preservation. He observed, however, that there is a general concensus that the City is not in position at this time to expand City funds to buy the farm buildings outright. Chairman Hawes stated his strong support for preserving the Farm buildings as much as possible. Chairman Hawes then discussed with the Commission his concern over declining attendance and the fact that sometimes the excuses for not attending do not seem to be very good. He stated it is a disservice to other members on the Commission and to those who might want to serve on the Planning Commission for Commission members not to show up whenever they possibly can. He also stated that he felt that there should be a dress code of some kind, adding that he did not feel a sweatsuit commands the respect of people who attend the Planning Commission meeting. The Secretary stated that the Planning Commission does not have a general attendance policy, but that the rule for other Commission's is that three consecutive unexcused absences automatically constitutes a resignation. The Secretary stated that the Chairman and the rest of the Com- mission can investigate the attendance of its members over the past few years and, if it feels that the attendance of some members has been unacceptable, the Commission can recommend to the Mayor that certain appointments be withdrawn. Commissioner Theis stated that he is also bothered by the lack of attendance of some members, but is not as concerned about the way people dress . There was a brief discussion of buses being stored outside at the M.T.C. property and along Shingle Creek Parkway. The Secretary stated that the matter has been inspected by the Building Official and that the requirements of the Zoning Ordinance were explained to M.T.C. personnel. The buses have since been removed. There was also a brief discussion of various projects underway which have recently been approved. ADJOURNMENT Motion by Chairman Hawes seconded,by Commissioner Theis to adjourn the meeting of the Planning Commission. The motion passed. The Planning Commission adjourned at 11:04 p.m. -Chairman 5-21-81 -10-