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HomeMy WebLinkAbout1982 03-11 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 REGULAR SESSION MARCH 11, 19,-82 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:33 p.m. INTRODUCTION OF COMMISSIONER DONALD VERSTEEG Chairman Lucht t en introduced Commissioner Donald' Versteeg to the rest of the Planning Commission. Chairman Lucht explained that Commissioner Hager had resigned the Commission because he had moved from the community and that Commissioner Versteeg would take his place as liasion to the Central Neighborhood Advisory. Group. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Mary Simmons, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube, and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - February ll, 1982 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the February 11, 1982 Planning Commission meeting as submitted. Voting in favor Chairman Lucht, Commissioners Malecki, _Manson, Ainas and _Sandstrom. Voting against: none. Not voting: Commissioners Simmons and Versteeg, as they were not at that meeting. The motion passed. APPLICATION NOS. 82004 and 82009 (Brooklyn Development C2Many and Lombard Properties) Following the Chairman-Is explanation, the Secretary introduced the first item of business', a request for preliminary R.L.S. approval to subdivide the land at the northwest corner of Freeway Boulevard and Shingle Creek Parkway into four tracts The Secretary also re- viewed Application No. 82009, a request for a special use permit for off-site accessory parking on Tract C of the R.L.S. proposed in Application No. 82004 to provide ordinance required parking for developments on Tracts A and B of the same R.L.S. The Secretary reviewp-d the information sheets for both applications (see- Planning Commission Information Sheets for Application Nos. 82004 and 82009 attached) ., The Secretary. also reviewed the provisions of Section 35-701 of the City Ordinances. The Assistant City Engineer ex- plained for the Planning Commission the need for a new easement document for utility maintenance' on the subject property and the need for as-built information on those utilities that have been installed. He recommended that such information be provided prior to final plat approval. Commissioner Simmons noted that Tract C of. the proposed R.L.S. would be used only for parking for the developments on Tracts A and B (Spec Bldgs. No. 10 and 11) . She asked whether Tract C would be enlarged when -Tract D is developed. The Secretary answered in the affirmative. Commissioner Simmons asked- whether there would be a replat of the property again at that -time. The Secretary answered 3-11-82 -1- that Tract C could be- included in the' replat or that another off- site accessory parking lot could be established. Commissioner{ "Simmons noted the restriction of off-site accessory parking to only one site per business•. Commissioner Ainas asked what use is contemplated upon Tract D.• The Secretary answered that more in- ,.dustral buildings had been planned along with a,,hotel-restau;ant. ,... Chairman Lucht called on the applicant to speak. Mr. Gene Tierney, representing both Brooklyn Development Company and Lombard Proper- ties, stated that he had nothing further to add. PUBLIC HEARING Chairman Luc Ht then opened the meeting for a public hearing for both the preliminary plat and the special use permit for off-site accessory parking. He asked whether anyone present wished to comment on the applications. There being none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING,. Motion by Commissioner Malecki seconded by Commissioner Manson o close the public hearing. The motion passed unanimously. ACTION' 1 'COMMENDING APPROVAL"-OF- APPLICATION NO. 82.004 (Brooklyn Development Company) Motion by Commissioner Manson seconded by Commis over Malecki to recommend approval of Application No. 82004, subject to the fol- lowing conditions: 1. The final plat is subject to review and approval by the City Engineer. 2.• The final plat is subject to the requirements of Chapter _15 of the City ordinances. 3. Tract C_. shall be legally encumbered to provide parking for development: on Tracts , atclB, :such encumbrance to be filed. with the final, plat at the County prior to issuance of building permits for Spec. 10. 4. The performance guarantee submitted to ensure com- pletion of site..improvements on Tract B, R.L.S. No. _ 1537 shall be retained until completion of all parking lot improvements on •the proposed Tract -C are completed in accordance with approved plans and ordinance requirements. 5. Approval of the plat constitutes a waiver of the normal ordinance requirements of frontage on a public street for Tracts-B3 and-C--in light of the -- o • ._;� cross access agreements governing all tracts within the proposed R.L.S. and Tract A of R.L.S. No. 1537. 6. The applicant shall enter into a standard utility maintenance agreement with the Engineering .Depart- ment and shall 'provide as-built utility information for City records prior to final plat approval. 7. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) 3-11-82 -2 _ shall be submitted prior to final R.L.S. approval to" assure the following: a) the regrading of the large amount of fill located on the proposed Tracts C and D in accordance with the City Engineer's recom- mendation;. b) the construction of a flowage way from Shingle Creek Parkway to Shingle Creek in a manner approved by the City Engineer; -and c) said improvements to be completed by October 1, 1982. 8. The applicant shall provide an easement for storm sewer ,purposes across Tracts At B and D, the location . of which shall be approved by the City Engineer. 9. Building permits for Spec. 10 (approved under Planning Commission Application No. 80016) will not be issued until this proposed R.L.S. has been given final approval by the City Council and filed with the County. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82009 (Lombard Pro erties) Motion by Commissioner Malecki j3econ ed by Commissioner Sandstrom to recommend approval of Application No. 82009, subject to the following conditions: 1. Parking stalls to be constructed on Tract G of the R.L.S. proposed under Application No. 82004 shall be legally encumbered to the sole use of Tracts B and A in amounts sufficient to meet the parking requirements of each, said legal encum- brances to be subject to review and approval by the City Attorney. 2. The performance guarantee submitted to ensure completion of site improvements on Tract B, R.L.S. No. 1537 (for Spec. 10 and the common parking lot) shall be held until completion of parking lot improvements on the proposed Tract C. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against:' none. The motion passed unanimously. APPLICATION NO. 82010 (Robert L. Johnson) and Application Nos. 82011 and 82012 (Red Lobster) The Secretary ten intr-o-Tu-ced the next three business items: a request for preliminary plat approval to subdivide the land presently described as Lot 1, Block 1, Piccadilly Pond Addition, 3-11-82 -3- located west of Brooklyn Boulevard, north of Shingle. Creek; a request for site and building plan approval to construct a 248 seat restaurant on the property located at 7235 Brooklyn Boulevard.; and a request for special use permit approval for off-site acces- sory parking on Lot 2, Block 1, of the proposed Red Lobster Addition (Application No. 82010) . The Secretary' reviewed the. contents of the staff reports for each of the applications and highlighted information from a memo from the Assistant City Engineer (see Planning Commission Information Sheets for Appli- cation Nos. 82010, 82011 and 82012) The Assistant City Engineer pointed out that the off-site acces- sory parking lot is adjacent to the floodway district within the Shingle Creek right-of-way. He stated that the plan shows no re- grading of the slopes within the floodway,, but that if such re- grading were proposed, it would require a special use permit under the new Flood Plain Management Ordinance Commissioner Manson noted that there were 73 stalls on the site of the restaurant itself.. She asked whether this number included the triangle of land located in Brooklyn Park. The Secretary responded in the affirmative. Chairman Lucht called on the applicants to speak. Mr. Robert L. Johnson, the applicant on 'the plat application, stated that he had nothing further to add, that he could comply with the conditions recommended by the staff. Mr. Jerry Richards, representing Red Lobster, stated that there would be no problem.meeting the re- quirements set forth by the staff. Commissioner Sandstrom asked whether pedestrians crossing the private road would present a danger. Mr. Richards responded that he did not believe a problem would result since the roadway is only used by C.E.A.P. at present. PUBLIC: HEARING Chairman Luc ht opened the meeting for a-public hearing. Commis- sioner Manson asked whether the off-site accessory parking would be used by C.E.A.P. for overflow parking. Mr. Ed Eide, Executive Director of C.E.A.P. , stated that he is very much in favor of the proposed Red Lobster Restaurant. He doubted that the C.E.A.P. operation would make use of the Red Lobster parking to any great extent. He pointed out that permanent curb and gutter would be installed along the private roadway as the property is developed adjacent to the roadway. The Secretary explained that the private roadway leading to C.E.A.P. could not become a public roadway, because of setback deficiencies Mr. Sam Jeffries of 7230 Perry Court East in the Creek Villas Townhouse Association stated that he felt the buffer between the parking lot and the townhouses was inadequate. He stated that lights and noise would filter across the Creek to the townhouses to the south. He also asked where the snow would be pushed, sug- gesting that to store the snow along the Creek bank might erode the soil there. The Secretary explained that the buffer requirement between a C2 use and an R1, R2 or R3 use is 35 feet. He pointed out that the buffer in question is over 100 feet, since the Shingle Creek right-of-way itself is 100 feet wide. Mr. Jeffries com- plained about the likelihood of odors coming from the Red Lobster 3-11-82 -4- Restaurant. He stated that the ventilation system for the restaurant should use a scrubber as opposed to only a filter. He stated that scrubbers are much more effective in controlling odor than filters. The Assistant City Engineer stated that the restaurant in question would be over 200 feet from the townhouse units in Creek Villa. He also stated that the restaurant would have to meet health codes to retain its food handlers license. The Secretary added that the City could not impose odor regulations more stringent than those required by the State. Mr., Jerry Richards of Red Lobster stated that he felt the proposed filters would be adequate to handle the odors. Commissioner Simmons noted the concern regarding screening of the parking lot from along the south side. She stated that she also felt there should be opaque screening to block out headlights. The Secretary stated that no additional screening had been recom- mended by the staff because of the dense row of trees on either side of the creek within the Shingle Creek right-of-way. He stated that the Planning Commission could. require more screening if it felt that the existing trees would be inadequate. Mrs. Bernice Jeffries, also of 7230 Perry Court East in Creek Villas, stated that she felt Creek Villas was a nice residential area and she stated that- during the winter- time.-it is very easy to see across the creek through the trees. Mr. Clyde Liveringhouse, of 7222 Perry Court East-in Creek- Villas, complained that the .restaurant would definitely give off fish odors and he stated he opposed allowing those odors to come into the residential area. He stated that too much attention had been given to the parking lot and complained that there are already too many parking lots up and down Brooklyn Boulevard. CLOSE PUBLIC HEARING Chairman Lucht asked whether anyone else wished to speak on the appli- cation. No one else addressed the Commission. Chairman Lucht then called for a motion to close the public hearing. Motion by Commis- sioner Manson seconded •by Commissioner Ainas to close the public hearing. The motion passed unanimously. Chairman Lucht asked for the reaction of the Planning Commission. Commissioner Manson and Commissioner Sandstrom both stated that they felt a solid screening device should be installed to block out headlights during the winter time when the trees along the creek would not be in foliage. Commissioner Simmons suggested that the screening device be four feet or higher. In response to a question from Chairman Lucht, the Assistant City Engineer stated that the plan presently provides for a h% slope and that staff recommend the slope be increased to 1%, or a 1 foot grade change in 100 feet. Chairman Lucht stated that the slope of the parking lot is toward the creek and that the cars would be pointing downhill. Therefore, he said, it appeared the headlights won't be shining directly onto the townhouses across the creek. The Assistant City Engineer agreed and stated that the screening device should not have to be very high to block out the lights. Commissioner Simmons commented that staff's assumption that a wide greenstrip with trees would provide screening was incorrect. She stated that a large greenstrip does not necessarily equal screening. There followed a lengthy discussion of appropriate 3-11-82 -5- screening of the- parking lot area ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82010 (Robert L. Johnson) Motion by Commissioner Manson seconded by Commi:ssi.oner Malecki to recommend approval of Application No. 82010, subject to the fol- lowing conditions 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Lot, 2 shall be encumbered to the sole use of the Red Lobster Restaurant on Lot 3, Block 1, Piccadilly Pond Addition for parking purposes, such encumbrance to be- a perpetual covenant running with the land until released by the City. 4. Final approval of the plat constitutes a waiver of the normal ordinance requirement for frontage on a.public street for Lot 2 of the proposed Red Lobster Addition in light of existing cross access easements allowing access to the private roadway in Lot 2 of the Piccadilly Pond Addition, 5i The applicant shall provide a restrictive covenant for each parcel in the plat providing that no structure be constructed within 15 feet and no parking constructed within 10 feet of the lot line abutting the "common drive" of Lot 2, Block 1, Piccadilly Pond Addition. 6. The applicant shall provide a driveway access from the proposed Lot 1 to the "common drive" directly across from the Red Lobster driveway access established under Planning Commission Application No. 82011. Such access shall be constructed in conjunction with the "common drive" improvements -comprehended under Planning Commission Application No. 82011. - 7. The applicant shall provide a financial guarantee (in an 'amount to be determined by the City Manager) to ensure the installation of a fire hydrant along T. H. 152 on the proposed Lot 1, said financial guarantee to be submitted prior to final plat approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. Commissioner Simmons commented on the changes in the roof line and asked whether this was considered a consistent exterior treat- ment. The Secretary stated that he felt the exterior is fairly uniform and that he does not see any false facades_ for the structure. He stated that he felt the proposed exterior was certainly more uniform than that approved for the Carriage House building on 3-11--:$2 -6- Freeway Boulevard. Chairman hucht ` stated that lie felt the theme of the building is carried consistently around the entire structure.' ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82011 (Red Lobster) Motion by Commissioner Sandstrom seconded by Commissioner Malecki to recommend approval of Application No. 820.11, subject to the follow- ing 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 permit's 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 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. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The kitchen equipment schedule and plumbing plans shall be subject to review and approval by the City ' Sanitarian prior to issuance of permits. 10. The parcel of land located in Brooklyn Park shall be legally encumbered to the sole use of the restaurant for access off Brooklyn Boulevard and for parking accessory to the restaurant, said encumbrance to be a permanent covenant running with the land until released by -the City of Brooklyn Center and filed with the property at the County prior to issuance of building permits. The document establishing this encumbrance shall be subject to review and approval by the City Attorney. 11.. Plan approval is contingent on approval of Application No. 82012 for off-site accessory- parking on Lot 21 Block 1 of proposed Red .Lobster Addition, said 3-11-82 -7- property to be legally encumbered to the sole use of -the Red Lobster Restaurant in the manner pre- scribed -in Condition No. 10. 12. The applicant shall provide a restrictive covenant whereby it is agreed that no structures will be placed within 15 feet of the common drive nor will any parking be allowed within 10 feet of the common drive. 13. Plan approval acknowledges, proof-6f-parking for 14 additional parking spaces which shall be in- stalled upon a determination by the City that the parking installed according to the approved plan is inadequate. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. Commissioner Sandstrom asked whose responsibility it would be to maintain the private road. The Secretary answered that it would be the responsibility of the property owners, not the City. Com- missioner Sandstrom asked what would be done if the maintenance job were inadequate. The Assistant City Engineer stated that there is a document filed at the County with the Piccadilly Pond, which required that the maintenance be performed by C.E .A.P. with the expense shared by all properties having access to the roadway. Commissioner Ainas suggested that a condition be added to the approval of Application No. 82012 requiring an investigation by staff of the glare caused by headlights during the winter season and requiring that screening shall be installed if this investi- gation proves that it is necessary. Commissioner Simmons stated that she would favor such a recommendation She reiterated that staff should not confuse a large buffer with screening. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82012 (Red Lobster) Motion by Commissioner San stiom seconaed by Commissioner Manson to recommend approval of Application No. 82012, subject to the following conditions: _1. The land contained in Lot 2 , Block 1 of the Red Lobster Addition shall be legally encumbered to the sole purpose of providing parking for the Red Lobster Restaurant located on Lot 2, "Block 1 of Piccadilly Pond Addition prior to the issuance of building permits. 2. The special use permit is contingent upon an investigation by staff of the need for screening to block out glare from headlights south of the proposed parking area, said screening to be required if investigation proves such screening is necessary. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. 3-11-82 yg_ ]RECESS We-Punning Commission recessed at 9:47 p.m. and resumed at 10.-08 p.m. APPLICATION NO. 82013 (Keith Boyum) Following the recess, tFie Secretary introduced the next item of business, a request by Keith Boyum for a special use permit to operate a suntan studio in the Brookdale Office Tower at 2810 County Road 10 The Secretary reviewed. the contents of the staff report (see Planning Commission Information Sheet for Application No. 82013 attached) . The Secretary explained that if the State of Minnesota decides to license suntan studios and makes inspections, the City could forego the recommended inspections by the Sanitarian. He stated that staff feel the use is comparable to a health spa and should be subject to the special use permit restrictions. Commissioner Simmons stated that tanning is only a beauty_ treatment and there is really no health involved. She discounted the claims made in the applicant's letter about the beneficial effects of suntanning and stated that tanning can thicken the skin and lead to skin cancer and other disorders. The Secretary responded that if the use were considered a beauty operation there would be no review by the City since barber and beauty salons are a permitted use in the C1 and C2 Zoning Districts. Commissioner Simmons asked about the need for insurance in case of overexposure. Mr. Boyum stated that the State Commerce Department required them to be bonded and that the shop would be bonded, Commissioner Sandstrom stated that he was concerned that there were no showers available. He stated that this did not seem to be a clean procedure. The Secretary explained that fans blow off most of the heat, that heat is not the main product of the machines, but rather light. " The Secretary explained that his concern was over the possibility of bacteria being brought in and transmitted as a result of people laying down on the plexiglass surface. He stated that the machines must be cleaned after each use. There followed a brief discussion regarding the installation of carpeting in the tanning booths. The' Secretary stated that he Mould defer to the City Sanitarian the question of whether such carpeting is sanitary or whether the floor should be required. Commissioner Simmons asked what qualifications were required for running the equipment. Mr. Boyum stated that no real training is needed, that the machines are turned off -and on at the front desk by use of a timer. He stated that the maximum exposure in the first two sessions is 15 minutes and that the tanning process which they use is safer than the sun. In answer to Commissioner Sandstrom, Mr. Boyum stated that there is little perspiration associated with the tanning. He added that patrons are issued disposable slippers. Commissioner Versteeg asked how much time was spent cleaning the equipment after a tanning session. Mr. Boyum answered that it took about one minute to spray the plexiglass with• a disinfectant, wipe clean, and repeat the process. Commissioner Malecki asked whether the tanning booths would be used on an appointment-only basis. Mr. Boyum answered in the affirmative. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing. Seeing 3-11-82 -9- no one present to comment on the application, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas stated that he felt the special use permit category is appropriate to handle the proposed suntan operation. There followed a brief discussion regarding the frequency of in- spections. By consensus it was agreed that the inspections of the Sanitarian would be quarterly for at least the first year. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 82013 (Keith Bo um) _ Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 82013, subject to the follow- ing conditions: 1. The special./use permit is issued to the applicant as operator of the facility and is nontransferable. ?. The special use permit is subject to all codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The operation is subject to review and approval of the Sanitarian prior to the issuance of the special use permit. Inspection of the premises by the Sanitarian shall be -conducted at least every three months to assure that the operation is being conducted in a clean, healthy and sanitary manner. The cost for such inspections shall be paid by the operator. 4. The operation shall be subject to any future licensing provisions that may be imposed by the State of Minnesota. S. The Special Use Permit is issued fora sun- tanning operation and the offering of saunas, sauna bath, and massages,as defined by City Ordinances is expressly prohibited. • 6. The permit is issued contingent upon the adoption of a proposed amendment to the Zoning Ordinance listing suntan studios as a special use in the C2 zone. Voting in favor: Chairman .Lucht, Commissioners Malecki, Manson, Simmons, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. DISCUSSION ITEM DRAFT ORDINANCE REGARDING AMUSEMENT DEVICES . The Secretary reviewed with the Planning Commission a recent draft of an ordinance regarding the licensing of amusement devices. He asked the Planning Commission to review the draft and be pre- pared to take action at' the March 25, 1982 ,Planning Commission meeting. • + By consensus it was agreed that the Planning Commission would hear two business items on its study meeting; Application. Nos. 82008 (Bergstrom Realty Company) and 82014 (McDonald's) . ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner. Manson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 11:19 p.m. Chairman 3_11-82 -11- 1 1