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HomeMy WebLinkAbout1981 09-24 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 SEPTEMBER 24, 1981 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7:34 p.m. ROLL CALL Chairman William Hawes, Commissioners Richard Theis, Nancy Manson and Lowell Ainas. Also present were Director of Planning and In- spections Ronald Warren and Planning Assistant Gary Shallcross. The Secretary informed the Chairman that Commissioner Lucht had stated he would be out of town and Commissioner Simmons had called to say she was sick and would be unable to attend. Commissioner . Malecki had also called to say she would be late to the meeting. APPROVAL OF MINUTES - September 10, 1981 Chairman Hawes pointed out an error on Page 11 of the minutes to the September 10, 1981 meeting where the words "off-street parking" were used rather than "on-street parking" during the motion to recommend certain ordinance language. Motion by Commissioner Manson seconded by Commissioner Ainas to approve the minutes of the September 10, 1981 meeting as corrected. - Voting in favor: Chairman Hawes, Commissioners Theis, Manson and Ainas. Voting .against: none. The motion passed. APPLICATION NO. 81064 (Standard Oil) Following the Chairman's exp anation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to remove the existing service station at 6600 West River Road and replace it with a Quik Six gas station/ convenience store/car wash establishment. He reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 81064 attached) . The Secretary also explained that the application for plan approval, which almost duplicates Appli- cation No. 79060, is submitted because special use permits expire within 12 months after approval if no action is taken by the appli- cant. He added that no underground irrigation would be required on the east and north of the site because of the steep slopes which would be seeded rather than sodded. Chairman Hawes inquired as to the fence along the north side of - the property and whether it would be moved to the north property line. The Secretary answered that the ground slopes downward from the parking lot to the north property line and that screening would be best achieved by leaving the fence closer to the parking area. Commissioner Theis asked whether the slope on the east side of the site can be maintained or whether a retaining wall should be put in place. The Secretary answered that a retaining wall is a possi- bility, but that the Crown Vetch seeding mix approved on the last plan should be adequate to hold the soil. Commissioner Ainas stated that Crown Vetch does require cutting. In response to a question from Chairman Hawes regarding the grade, the Planning 9=24-81 -1- 'Assistant stated that the grade to the east of the parking lot is between A to 1 and 2h to 11 which is steeper than the standard maintainable slope. PUBLIC HEARING l ' Chairman Hawes then opened the meeting for a public hearing. Mr. Clyde Olson of 6626 West River Road addressed the Commission," stating that he owned the property to the north and east of the subject site. He asked whether it would be possible for him to C develop that property for townhouses. The Secretary answered that townhouses are allowed in the R5 zone (the property in question is zoned R5) as long as the development meets the standards of the ` R3 zone, such as density, setbacks, screening, etc. Mr. Olson asked whether there would be a drainage ditch on his r property. The Secretary stated that the water would drain to the southeast corner of the site and into an existing drainage ditch. Mr. Olson stated that no drainage ditch existed on his property. An unidentified man asked what type of fence would be installed. Thee Secretary answered that it would be a wood opaque fence. Commissioner Malecki arrived at 8:00 p.m. Mr. Ray Duggan, the project engineer for Standard Oil, stated that the store would use a trash compactor to be located inside rather than a trash storage bin which would have to be screened. He stated that the slope along the north and east side of the t property would not be changed. He also explained that the plan called for a steel-rimmed curb around the building and around the pumps rather than B-612 or B-618 curbing. The Secretary stated that curb and gutter would be required around the building, but suggested that questions regarding curbing around the pump islands be referred to the City Engineer under the conditions of approval. A brief discussion followed between Commissioner Theis and the project engineer, Mr. Duggan, regarding the steel beam protectors around the gas pumps. Chairman Hawes noted that storm sewer exists in Willow Lane and asked whether drainage from the site would be conveyed to that storm sewer by a drainage ditch or a storm sewer line. The Secre- tary stated that it would drain through a drainage ditch to Willow Lane. Chairman Hawes asked whether the salt, chemicals and soaps, which may be part of the runoff from the gas station site would + cause problems in the open drainage ditch. The Secretary stated that he did not think it would be an unusual problem. CLOSE PUBLIC HEARING Motion by Commissioner Theis seconded by Commissioner Manson to close the public hearing. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81064 (Standard Oil) Motion by Commissioner Ma ecki secondea by Commissioner Theis to recommend approval of Application No. 81064, a request by Standard Oil Company for site and building plan and special use permit ap- proval to demolish an existing gas station and construct a gas station/convenience store/car wash establishment at 6600 West River. Road, subject to the following conditions: 1. Building plans are subject to review and approval 9-24-81 2 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. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed in all landscaped areas abutting streets to facilitate site maintenance. 6. Plan approval is exclusive. of all signery which is subject to Chapter 34 of the City Ordinances. 7. B-612 curb and gutter shall be provided around all parking and driving areas, unless waived by the City Engineer. 8. The applicant shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 9. In the event the existing elm trees on the site become diseased, they shall be removed and replaced with 2Y" to 3" diameter shade trees . 10. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 11. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson and Ainas. Voting against: none. The motion passed. DISCUSSION ITEMS a Restaurants in Shopping Centers The Secretary then reviewed for the Commission a draft ordinance amendment to allow restaurants in shopping centers to occupy up to 10% of the shopping center floor area without calculating additional parking. He stated that an ordinance change is necessary to treat restaurants according to the proposed "10% rule" . He referred the Planning Commission to a survey of shopping centers within Brooklyn Center, showing the restaurant space in each one. He stated that although some centers have more than 10% of their floor area de- voted to restaurant, the numbers were estimates and that service office uses in those centers could serve to offset the restaurant space which exceeds the 10% level. 9-24-81 -3- Chairman Hawes called on Mr. Brehl, representing Commercial Partners, and asked for his reaction. Mr. Brehl stated that he was satisfied with the ordinance amendment. He added it would be in the City's interest to help the viability of commercial centers by changing the ordinance in a reasonable way. Commissioner Theis asked how parking would be required for a restaurant which had 1,000 square feet of space over the 10% level of space within the center. The Secretary answered that restaurants in Brooklyn Center generally require about one stall for every 65 square feet of restaurant space. Subtracted from those spaces, would be the spaces already installed according the retail formula, for some net addition. Commissioner Theis stated that this would dilute the parking formula by about seven stalls per 1,000 square feet of restaurant space. ' The Secretary acknowledged that this was- approximately correct, but added that it would apply to only 10% of the building floor area. Commissioner Theis stated that the physical plant of the shopping .center and restaurant could have been greater if the restaurant were attached to the shopping center. The Secretary acknowledged this, but suggested that the retail area of the shopping center might have 'to be shrunk somewhat. Chairman Hawes noted that Humboldt Square is over the 10% level and asked whether it would be feasible to control restaurant occupancy in shopping centers. The Secretary answered in the affirmative, explaining that restaurants do have to be licensed before they can go into.-operation. Such licenses could be withheld if parking for the total restaurant space in the shopping center is not met. MOTION TO RECOMMEND APPROVAL OF ORDINANCE LANGUAGE Motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of ordinance language amending Section 35-704 and Section 35-720 of the Zoning Ordinance to allow for 10% of the floor space in a multi-tenant retail center to be devoted to restaurant space without additional parking required above the re- tail parking formula. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson and Ainas . Voting against: none The motion passed. b) Separation between Dwelling and Garages The Secretary then reviewed with the Planning Commission Section 35-530 of the Zoning Ordinance which requires an 8 foot separation between dwellings and accessory structures and 6 feet separations between accessory structures. He stated that the main purpose for the separation requirement is to prevent the spread of fire. He also stated that there seems to be a greater possibility of fires . starting in a garage and spreading to a house. The Secretary then explained that staff are often called upon to justify the 8 foot separation to people who wish to add on to their dwelling, but cannot because they would fail to meet the 8 foot separation re- quirement. He stated that part of the reason for the' separation is to allow fire-fighting equipment to get between a house and garage. He stated that the Fire Chief wants a minimum separation between ' house and garage, but can probably live with less than 8 feet. The Secretary added that separation requirements vary from City to - City. The Secretary suggested to the Planning Commission that it might consider an amendment to the ordinance allowing for smaller separations between houses and accessory structures provided the accessory structure has a one-hour rated firewall in the area within 8 feet of the. house. 9-24-81 -4- Commissioner Theis stated that his primary concern was to keep the Fire Department's options open when fighting fire. He also stated that separation between house and garage should always be enough so that the space can be maintained. He stated that he would have no opposition to allowing a smaller separation if a firewall were installed in the garage. The Secretary pointed out that the walls of principal dwellings -are not always fire-rated themselves . He explained that a one-hour rated firewall requires a 5/8" sheetrock wall which is not always in place in some homes. Chairman Hawes stated he had no objection to lessening the separation requirement if the Fire Chief agrees to it. The Secretary commented that he expects comments from the Fire Chief and that this matter will be brought back to the Commission for future discussion along with the Fire Chief's recommendations. The Secretary then briefly discussed with the Planning Commission a couple of possible amendments to the City's off-site parking ordinance. He stated that the two year requirement might be one provision to eliminate and that the requirement forbidding parking on land in a more restrictive zone might also be the subject of proposed change. Chairman Hawes mentioned that off-site parking can tie the hands of those properties which allow other estab- lishments to use their land for parking. The Secretary agreed, but pointed out that the parking ordinance requires that the use which has off-site parking practically buy the land to have a legal off-site parking arrangement. The Secretary stated that the community is getting more developed and that greater flexibility might be needed on the part of in- coming uses to make use of the available land that. is left in the City. Commissioner Theis clarified that parking for a C-2 use could be allowed on Cl zoned land, but that a C-2 structure could not, under the change being discussed. The Secretary agreed with this interpretation. Commissioner Theis stated that he had no ob- jection to eliminating the two year requirement, but was unsure whether he could support elimination of the restriction against parking in more restrictive zones. ADJOURNMENT Motion by Commissioner Manson seconded by Commissioner Theis to adjourn the meeting of the Planning Commission. The motion passed. The Planning Commission adjourned at 9 :03 p.m. Chairman 9-24-81 -'-