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HomeMy WebLinkAbout1983 06-30 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 JUNE 30, 1983 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:31 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Mal-ecki , Nancy Manson, Lowell Ainas, Carl Sandstrom and Donald Versteeg. Also present were Director of Planning and Inspection Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - June 16, 1983 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the June 16, 1983 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki , Manson, Ainas, Sandstrom and Versteeg. Voting against: none. Not Voting: Chairman Lucht, The motion passed. APPLICATION NOS. 83026 AND 83027 (Howe, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to install 14 parking stalls in the northeast corner of the site at 4821 Xerxes Avenue North. He also reviewed Application No. 83027, a request for preliminary plat approval to combine into one parcel the existing Howe site and a parcel vacated by the Highway De- partment at the southwest corner of 49th -Avenue North and Brooklyn Boulevard. The Secretary reviewed the contents of the staff reports for the applications (see Planning Commission Information Sheets for Application Nos. 83026 and 83027 attached). Commissioner Simmons arrived at 7:34 p.m. Commissioner Manson inquired about the 4' high fence on top of two feet of railroad ties. The Secretary noted that the fence and the railroad ties would be wrapped around the southerly parking stalls to provide screening of those stalls from the residences across 49th Avenue North. PUBLIC HEARING (Application No. 83027) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Malecki to Close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83026 (Howe, Inc.) Motion by Commissioner Sandstrom seconded by. Commissioner Manson to recommend approval of Application No. 83026, subject to the following conditions: 1. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) prior to final . plat approval . 2. Underground irrigation shall be provided- in'all landscaped areas within the project. 6-30-83 -1 3. 8612 curb and gutter shall be provided around the 14 parking spaces proposed on the plan. 4. A 5' high privacy fence -shall be deemed adequate screening if placed atop the 3' berm to provide the required. 8' of screening. The plan shall be modified to indicate such a 5' high opaque fence. 5. Plan approval is subject to the provisions of the stipulation agreement entered into by Howe, Inc. and the City in resolution of Application No. 83001. 6. Fourteen employee parking spaces west of the middle building (granted by variance) will be discontinued for use pursuant to the above stated agreement and will be used. exclusively for buffer setback area in accordance with the Zoning Ordinance, and for access purposes pursuant to previously granted City Council approval . Voting in favor: Chairman- Lucht, Commissioners Malecki , Simmons, Manson, Ainas, Sandstrom.and Versteeg. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83027 (Howe, Inc. ) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 83027, subject to the following 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. Any existing easements shall be shown on the Preliminary Plat prior to City Council approval . Voting in favor: Chairman Lucht,. Commissioners Malecki ; Simmons, Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed: APPLICATION NO. 83028 (Construction 70/Kentucky Fried Chicken). The Secretary introduced the next item of business, a request for site and building plan and special use permit approval to construct a drive-up.window and attendant drive-up lane at the Kentucky Fried Chicken Restaurant at 5512 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83028 attached). ' The Secretary also explained that a revised plan that has been submitted c.al.ls for the removal of existing curb around the northwest corner of the site Commissioner Simmons noted that access to the handicapped ramp could be blocked by a car waiting in line for its turn at the drive-up window. She recommended that a sign be placed at the median opening *indicating .pedestrian crossing so that drivers would be obligated to leave that area open for pedestrians. The Secretary suggested that a condition to that effect could be added. Commissioner Simmons added that such a condition would help the non-handicapped as well as the handicapped. Commissioner Malecki asked whether the proposed revisions would result in the loss of some parking stalls in front of the building. The Secretary stated that some would be lost, but that the parking still available on the site would exceed the parking requirements for the seating and employees in the restaurant; 6-30-83 -2- Chairman Lucht asked the applicant whether he had anything to add as far as pro- posed landscaping. A representative of the applicant stated that Kentucky Fried Chicken would comply with all requirements of the City. -Chairman Lucht asked whether the site had underground irrigation in landscaped areas. Th*e applicant er answed that underground irrigation had not been installed. Chairman Lucht noted that such irrigation is normally required. The applicant stated that he would install the irrigation. Commissioner Sandstrom wondered whether the irri- gation would be needed if the applicant used crushed rock instead of grass. Chair- man Lucht stated that shrubs would still need the irrigation. The applicant dis- .agreed and stated he did not think shrubs would need irrigation by themselves. The Secretary pointed out that irrigation is required in the front greenstrip as well as in other landscaped areas. Chairman Lucht asked the applicant what plantings would be installed. The applicant answered that shrubs would be installed along with some boulders. He stated that a detailed plan would be submitted prior to City Council consideration. ' PUBLIC HEARING (Application No. 83028) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished tQ speak on the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION' NO. 83028 (Construction 70/Kentucky Fried Chicken) - Motion by Commissioner Manson seconded by Commissioner Ainas to recommend approval of Application No. 83028, 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. 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: 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances.- 5. B612 curb and gutter shall be provided .around all parking and 'driving areas. 6. A landscape plan and schedule shall be submitted prior to consideration by the City Council and underground irrigation shall be provided in all landscaped areas. �7. A directional sign indicating pedestrian crosswalk shall be -installed in the median south of the building and west of the crosswalk indicating that the crosswalk must not be blacked to pedestrians. Voting in favor: Chairman Lucht, Commissioners .Malecki , Simmons, Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. 6-30-33 -3- APPLICATION NO. 83029 (Wes' Standard The Secretary then introduced the next item of business , a request for special use permit to sell groceries at the gas station at 6044 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Coruiission In- formation Sheet for Application No. 83029 and also addendum for the same appli- cation attached) . The Secretary-also briefly reviewed with- the Planning Commission the possible layout of parking- stalls around the site in order to meet the re- quirement of 23 parking stalls. He noted a discrepancy between the site sketch that fir. Reavely had submitted and an architectural drawing made about 10 years. previously for the car wash addition. He stated that this is one of the reasons the Planning Commission should have an accurate, -professionally drawn plan— The Secretary also noted that the establishment must meet the requirements of the Health Inspector in order to obtain a food establishment license and a special handler's license for the sale of various food items. He added that no .such licenses have been granted to the operation, therefore, no retail sales of food ' of any kind can be done on the premises until the licenses and special use permit are obtained. Commissioner Simmons stated that it should be easy for customers to get in and out of the parking stalls. She suggested that the out-of-the way stalls be reserved for employee parking only. The Secretary agreed and pointed out certain areas where employees should probably park and other areas where customers would be able to park. Commissioner Simmons stated that when there isn't enough parking, it is a real problem trying to maneuver within a small lot such as this. She stated that the site plan should be carefully thought out and provide generous parking. She recommended that all of the required stalls be put in and that no proof-of-parking be approved. Chairman Lucht then asked the applicant whether he had anything to say. fir. Reavely began by saying that he felt like an accused criminal , but acknowledged bringing in items for retail sale before obtaining- the necessary license and. permit. He asked what the term proof-of-parking meant. -The Secretary explained that proof-of- parking is when a plan shows that there. is room on the site for the required parking stalls, but they may not necessarily be installed. Mr. Reavely stated that he had drawn the site sketch from directions given.-hi.m by Mr. Warren .as to parking stall size. He stated that most of the traffic entering his station is coming from the south and that there would be no problem with the angle parking stalls on the north side of the site. He went over the sketch he had prepared showing -the various parking stalls including some parallel stalls behind the building and along the north side of the site which he said were 20' in length. He stated that he did not understand the necessity of 24.' wide driving lanes. He also asserted that parking at the gas -pumps would have to be counted because 90% of his -sales would probably be to gas customers. Commissioner Simmons pointed to parking stalls No. 12 and 13 on the site sketch and asked how the cars parked would have to get out. fir. Reavely acknowledged that at least one would probably have to head in the direction of the car wash, but he stated that this was an area where employees would park. There followed a lengthy discussion regarding the various parking stalls and how people would be able to make use of the stalls. Commissioner Simmons asked fir. Reavely about moving curbs and providing all of the parking required under the ordinance. fir. Reavely stated that he felt the parking spaces are on the site already. He argued that the Secretary only assumes that the measurements are inaccurate. He challenged the Secretary to come to the site and check his measurements. Chairman Lucht stated that the accuracy of the measurements could not be verified based on the sketch -that was presented to the Planning Commission. He stated that the Planning Commission regularly requires accurate drawings. fair. Reavely then explained how he had obtained some of his measurements. The Planning Assistant explained that the mode of operation when 6-30-83 -4- the Planning Commission considers site plan applications is to have a professionally drawn site plan with accurate measurements. He stated that such plans should be developed by professional architects or engineers who are-trained to develop accurate drawings and should not be roughly drawn plans with no accurate scale. Mr. Reavely asked the Commission to make a recommendation rather than table the matter so that he could go to the City Council with his plan as submitted. Chairman Lucht asked for a recommendation from the Secretary. The Secretary stated that he did not feel the Planning Commission could make a proper decision on the application without an accurately drawn site plan. He recommended that the Planning Commission table the application and direct the applicant to submit a professionally drawn plan to verify that the required parking can be provided on the site. Mr. Reavely com- plained that he felt that his integrity had been challenged and that he had been called a liar by the Secretary. He asked the .Chairman what the action of the Planning Commission would be. Chairman Lucht stated that he felt the Planning Commission would probably table the application as recommended by the' staff. . Mr. Reavely.resigned himself to the action of the Planning Commission and walked out of the Council Chambers. ACTION RECOMMENDING CONTINUATION OF PUBLIC HEARING REGARDING APPLICATION NO. 83029 (Wes' Standard) Following a brief discussion of the procedures in handling the application, there was a motion by Commissioner Simmons seconded by Commissioner Manson to continue the public hearing. The motion passed unanimously. Commissioner Simmons asked whether the Planning Commission had to take any action regarding the sale of food at the premises. The Secretary stated that the staff would pursue that matter through the Sanitarian and the Police Department. Chairman Lucht asked whether cars parked at the gas pumps could be considered as some o-f the parking stalls required by the ordinance. The Secretary answered that realistically .he understood that a number of the customers would be gas customers also, but he pointed out that the ordinance .spec fically requires parking based on two separate parking formulas, one far service stations and another for retail uses and that pump island parking has not been considered as meeting these requirements. He-explained that it was his understanding that the case involving the Super America at 57th and Logan resulted in the City adopting requirements for parking based on , the two specific ordinance formulas. He also- noted that tandem parking is not acknowledged by the Zoning Ordinance as meeting parking requirements. Commissioner Simmons stated that she felt all required parking should be installed, especially in light of the fact that a number of the stalls would not really be evident to people coming into the station. Commissioner Sandstrom stated that he felt the situation was different from a Super Valu store or other large retail operations, in that people are getting gas at the same time they may be getting other food items. Commissioner Simmons countered that quite often people will get gas and go into the store and chit-chat with their friends for awhile and get something to drink and that this results in a parking problem. The Secretary pointed out that the gas station in question was.on Brooklyn Boulevard which is a heavily traveled street. He stated that congestion on the lot could easily back up onto Brooklyn Boulevard which would have a greater impact in this case than in the case of the Super America station at 57th and Logan. He also pointed out that the Planning Commission could not control the number of goods that would be in the store after a special use permit is granted. He explained that Mr. Reavely could . expand the area used for selling groceries and sell a wide array of items which are not presently being contemplated.- Commissioner Ainas agreed and pointed to the Holiday Station on Brooklyn Boulevard in Brooklyn Park. He stated that this station presents problems and that he did not want Wes' .Standard. to present the same kind of problem in Brooklyn Center. 6-30-83 -5- ACTION TABLING APPLICATION NO. 83029 (tees ' Standard) Motion by Commissioner Simmons seconded by Commissioner Malecki to table Application No. 83029 and direct the applicant to have a professionally drawn plan prepared and submitted to show required parking on the site. Voting in favor: Chairman Lucht, Commissioners Malecki ,, Simmons , Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:10 p.m. and resumed at 9:31 p.m. Commissioner Simmons left the meeting during the recess. APPLICATION NO. 83030 (Brutger Companies, Inc. ) The Secretary then introduced the next item of business, a request for preliminary plat approval to subdivide into 32 .townhouse lots and one common lot,.the parcel of land at the northwest corner of Dupont Avenue North and North Lilac Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Informa . tion Sheet for Application No. 83030 attached) . The Assistant City Engineer added that the plat shows that the outside walls of the townhouse units will coincide with the property lines and that there will be no extra yard area within a townhouse lot. The Secretary also added that the final plat would not have to be filed prior to issuance of building permits, although the plat for the Brookwood Residences did have to be filed prior to the issuance of building permits. Commissioner Manson asked whether this plat would change the legal description of the other two lots in the Brookwood Residences Addition. The Secretary responded _ in the negative. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Tom - Johnson of Brutger Companies, Inc. stated that he had nothing to add to the presentation. Commissioner Sandstrom asked why there would be only one handicapped unit in the townhouse unit. The Secretary pointed out that there would' be two handicapped townhouse units, one in each of the Building C':s. PUBLIC HEARING (Application No. 83030) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak. 'Hearing none, he called for a motion to close . the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Malecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83030 (Brutger Companies, Inc.) Motion by Commissioner Ainas seconded by Commissioner Versteeg to recommend approval of Application No. 83030, subject to the foll-owing 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. The Homeowners' Association documents shall be submitted to the City Attorney for review and approval prior to final plat approval . Voting in favor: Chairman Lucht, Commissioners Malecki , Manson, Ainas, Sandstrom and Versteeg. Voting against: none. The motion passed unanimously. 6-30-83 -6- ' APPLICATION 140. 83031 (Brookdaie Car Wash) . The Secretary then introduced the next item of business, •a request for site and - building plan and special use permit approval to expand the car wash at 5500 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 83031 attached). Commissioner Sandstrom asked whether any gas pumps were being taken out at the car wash.- The Secretary responded in the .negative and pointed out the location of the gas pumps. Chairman Lucht then called on the applicant to speak. Mr. Steve Graham, the owner of Brookdale Car Wash, stated that he was ready to comply with the City's requirements. However, he asked whether variances have ever been granted from the fire sprinkler requirements. The Secretary responded that he- was not aware that any variances have ever been granted. Mr. Graham stated that he did not feel that he really needs a fire sprinkling system in his car wash. Chairman Lucht stated that fire sprinkling is something that has been required of many other businesses. Mr. Graham pointed out that there are a number of other large car washes in the metro area with which he has to compete and which do not have fire sprinkling apparatus. The Secretary pointed out that the State Building Code has been amended to re- quire sprinkling in all commercial and industrial buildings over 3,000 sq. ft. , but that this requirement is optional if adopted by a local community. The Secretary also pointed out that there are other possibilities for fire besides during working hours when the water would be flowing in the car wash. He also noted that a fire sprinkling system allows a greater response time for. the Fire Department to contain a fire. Mr. Graham stated that he could close down his car wash for three days and that his car wash bay would still be damp.. He stated that he could understand the requirement for sprinkling office areas and storage areas, but he added that he felt it was-a waste of money to sprinkle the car wash area. He stated that this require- ment affected his competitiveness with other car washes and stated that he would like an exemption from having to sprinkle.the car. wash area. Commissioner Ainas noted that people often say roughly the same thing about bath- rooms, but, he pointed out, there are combustible materials within bathrooms and within-car wash bays as well . He stated that these combustible materials are always present, even when the car wash is shut down. The Secretary concluded by saying that the applicant did have a right to submit a variance request. He added, however, that he thought the likelihood of its being approved was fairly slim. Mr. Graham asked about the condition regarding signery. The Secretary explained that the Planning Commission was not disallowing the signery, but only excluding it from its action of approval . He explained that the sign appeared to be within the limits of the Sign Ordinance and explained that a sign permit could be granted for the sign apart from any Planning Commission or City Council approval . Commissioner Sandstrom asked whether the State Building Code regulations do not supersede .the City regulations. Commissioner -Ainas stated that the City regulations can supersede- if they are more stringent. Commissioner Sandstrom stated that the Bermel Smaby building on Brooklyn Boulevard is an 8,500 sq. ft. building, that cannot burn and yet it is sprinklered. The Secretary explained that fire sprinkling is required as part of the City's Fire Code, not under the Building Code. He ex- plained that the State Building Code had been amended to allow Cities to adopt a requirement for fire sprinklers in commercial and industrial buildings over 3,000 sq. ft. PUBLIC HEARING (Application No. 83031) Chairman Lucht then opened the meeting fora public hearing and asked whether anyone present wished to speak on the application. Seeing none-, he called for a motion to close the public hearing. 6-30-83 -7- CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Versteeg to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 83031 (Brookdale Car Wash) Motion by Commissioner Sandstrom.secon e y Commissioner Manson to recommend approval of Application No. 83031, subject to the following conditions: 1. -Building plans are subject to review a-nd 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. 4. The building is to be equipped with an automatic fire ex- tinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. Plan approval is exclusive of all signery which Is subject to Chapter 34 of the City Ordinances. Voting in favor: Chairman Lucht, Commissioners Malecki , Manson, Ainas, Sandstrom and Versteeg. Voting against: none. *The motion passed unanimously. ADJOURNMENT Motion by Commissioner Manson seconded by Commissioner Versteeg to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:10 p.m. rma n 6-30-83 -8