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HomeMy WebLinkAbout1985 08-15 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 AUGUST 15, 1985 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. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. Chairman Lucht explained that Commissioner Ainas had called to say he would be unable to attend and was excused. APPROVAL OF MINUTES - JULY 25, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the July 25, 1985 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. Not voting: Chairman Lucht. The motion passed. INTRODUCTION OF CITY ENGINEER BO SPURRIER Following the Chairman's explanation, the Secretary introduced Bo Spurrier, the new City Engineer for the City of Brooklyn Center. The Secretary noted that Mr. Spurrier is from the City of Shakopee and welcomed him to the Planning Commission deliberations. APPLICATION NOS. 85018 AND 85019 (R. L. BROOIDALE MOTORS, INC.) The Secretary then introduced the first two items of business, a request for site and building plan and special use permit approval to construct a used car sales office on the site of the old A & W and SquiggyIs Restaurant at 6837 Brooklyn Boulevard and a request for preliminary plat approval to replat the same property and that of the Brookdale Pontiac Honda dealership to the south. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheet for Application Nos. 85018 and 85019 attached). The Secretary added that it was the staff's understanding that the used car sales building would be fire sprinklered by connection of the fire line from the Honda building to the used car sales building. After completing the reports, the Secretary recommended the addition of a condition to the preliminary plat approval that a covenant be placed on the property so that the used car sales building would be used in conjunction with the existing Brookdale Pontiac car dealership to the south. Chairman Lucht asked the applicant whether he had anything to add. Mr. Noel Muller, an attorney representing Brookdale Pontiac, stated that easements and covenants over the property would be difficult to file given that the title to the used car property was still controlled by another owner. He suggested that Brookdale Pontiac enter into an agreement with the City to provide for use of the property in the manner suggested in the staff report, namely as a joint use. The Secretary stated that he was not opposed to another form of tieing the properties together as long as it was approved by the City Attorney. He stated that the objective of the staff is that the car dealership on the used car property not become a separate used car business apart from the new car dealership at Brookdale Pontiac. 8-15-85 -1- PUBLIC HEARING (Application Nos. 85018 and 85019) Chairman Lucht then opened the meeting for a public hearing on both the special use permit and the preliminary plat applications. He asked whether anyone present wished to speak regarding the applications. Hearing none, 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. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85018 (R. L. Brookdale Motors, Inc. Motion by Commissioner Sandstrom seconded by Commissioner Manson to recommend approval of Application No. 85018, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all relevant codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. _ 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5. 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. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance except the isolated southwest landscaped island. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas. 10. The landscape plan shall be amended to provide planting specifications for the southwesterly planting island and the plantings around the foundation of the building, prior to issuance of permits. 8-15-85 -2- 11. The plan shall be amended to indicate B612 curb and gutter along the west property line and around the southwesterly landscaped island, prior to issuance of permits. 12. The site and building plans shall be certified by the architect prior to the issuance of permits. 13• The plat proposed under Application No. 85019 shall receive final approval and be filed at the County prior to the issuance of permits. _ 14. The applicant shall enter into an agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ACTION RECO14ENDING APPROVAL OF APPLICATION NO. 85019 (R. L. Brookdale Motors, Inc. Motion by Commissioner Malecki seconded by Commissioner Nelson to recommend approval of Application No. 85019, 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. The applicant shall enter into an agreement with the City for the payment of utility hookup charges prior to final plat approval. 4. Easements for cross access and cross parking shall be reviewed and approved by the City Attorney prior to final plat approval and shall be filed with the plat at the County. 5. A covenant restricting the use of Lot 1 in conjunction with the use of Lot 2 be reviewed and approved by the City Attorney and filed with the plat at the County. Voting in.favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. The Secretary stated that the staff would work with the applicant on agreeable documents to achieve joint use of the two properties in the plat. APPLICATION NO. 85020 (Lombard Properties) The Secretary then introduced the next item of business, a request for preliminary R.L.S. approval to combine into a single parcel, three tracts of land located northeast of LaBelle's at the corner of Earle Brown Drive and Summit Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85020 attached). The Secretary briefly noted that a plan had formerly been approved for an L-shaped shopping center on the three parcels in question and that a joint access arrangement was being worked out with Target and LaBelle's to allow a common driving area for delivery trucks. 8-15-85 -3- Chairman Lucht asked the applicant whether she had anything to add. Ms. Judith Bright of Lombard Properties stated that she had nothing to add. PUBLIC HEARING (Application No. 85020) Chairman Lucht then opened the meeting for a public hearing on the preliminary plat application and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85020 (Lombard Properties) Motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of Application No. 85020, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. _ Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed unanimously. APPLICATION NO. 85021 (Ronald Bashel) The Secretary then introduced the next item of business, an appeal from a determination by staff that a tanning salon cannot be located in the Humboldt Square Shopping Center on the grounds that it abuts R3 zoned property (Hi Crest Square Estates) to the east. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85021 attached) . Commissioner Malecki asked whether the staff recommendation was to deny the appeal and change the ordinance, but keep tanning studios a special use permit. The Secretary responded that the Planning Commission and City Council could make tanning studios a permitted use, but that staff recommended that it still be classified as a special use without an abutment restriction. Commissioner Malecki asked how tanning studios are presently regulated. The Secretary answered that they were.governed by the State Board of Cosmetology and that the City Sanitarian inspects tanning studios once a year. Commissioner Nelson asked what other uses are so restricted relative to Rl, R2 and R3 zoned property. The Secretary reviewed Section 35-322, Subsection 3 and noted that gas stations and auto repair garages, saunas and massage parlors are all restricted in one fashion or other relative to residential property. He also noted uses such as theaters, bowling alleys, restaurants offering live entertainment contained in Section 35-322, 3d, along with suntan studios. The Planner stated that he had contacted a number of other Planners earlier in the day and asked them how suntan studios were treated under their local ordinances. He stated that a number of these planners also have concerns about the possibility a connection between suntan studios and sex-related businesses, but that in other communities such studios are allowed as either a permitted or a special use in the retail zoning district and that none have a restriction relative to residential property. 8-15-85 -4- There followed a discussion regarding the merits of allowing suntan studios by special use permit versus allowing them as a permitted use. Chairman Lucht asked the applicant whether he had anything to add. Mr. Ron Bashel stated that he had nothing to add, that the material had been well covered. Commissioner Malecki asked how many booths there would be in the suntan studio. Mr. Bashel stated that they would start out with 6 booths and work up to 11 in the future. The Secretary asked whether there was licensing of suntan studios by the State. Mr. Bashel responded in the negative, but added that the establishments are covered by the State Board of Cosmetology. The Secretary again pointed out that suntan studios in Brooklyn Center have been inspected annually by the Sanitarian. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 85021 WITH DIRECTION TO STAFF TO PREPARE AN ORDINANCE AMENDMENT Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend denial of Application No. 85021 and to support staff's interpretation of the City Zoning Ordinance, but also directing staff to prepare an ordinance amendment and present it to the City Council that would allow suntan studios by special use permit in the C2 zoning district without restriction as to abutment with residential property. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. There followed a brief discussion with the applicant. Commissioner Malecki clarified that any special use permit would prohibit expansion into activities related to massage or sauna. DISCUSSION ITEMS The Secretary noted that the applicant for Application No. 85022 was not present and proceeded to update the Planning Commission on the status of Application No. 85009 submitted by Foundation Stone Ministries, Inc. He stated that the Council had voted not to approve the rezoning application and had instead directed staff to prepare an ordinance amendment to allow churches by special use permit in the R5 zoning district. The Commission briefly discussed the proposed ordinance amendment as a means of addressing the church's proposed use of the property and concluded that the proposed ordinance amendment was an acceptable way of addressing that issue. No other comments were offered regarding the ordinance amendment. The Secretary also reviewed with the Commission the status of development plans for the Earle Brown Farm area. He informed them that the staff was looking into a high- rise residential development to the south of the Farm site. He stated that this would require a rezoning of the property and a Comprehensive Plan amendment and that these actions would have to be taken prior to December 9 of this year. He stated that such a residential development may need convenience stores and other services within the residential complex and that these would be allowed under the R7 zoning district. There followed a brief discussion regarding the tentative schedule for review and approval of the rezoning and Comprehensive Plan amendment. RECESS The Planning Commission recessed at 8:53 p.m. and resumed at 9:11 p.m. APPLICATION NO. 85022 (Joan Moe) Following the recess, the Secretary introduced the last item of business, a request for special use permit approval to operate a photography studio in the basement of the residence at 6906 Grimes Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85022 attached). 8-15-85 _5_ Commissioner Sandstrom asked how the on-street parking restriction for a home occupation was controlled. He asked whether it was a violation for a customer to park on the street. The Secretary stated that it would be a violation of the special use permit and could ultimately lead to revocation. There followed a brief discussion regarding the staff recommendation that the driveway be widened to accommodate two cars wide. Chairman Lucht asked the applicant whether she had anything to add. Mrs. Joan Moe stated that the driveway seemed wide enough for two cars already. The Planner noted that her letter had stated the driveway was 13' wide and that, under City Ordinance, this would not be considered wide enough for two parking stalls. Following further discussion, it was agreed that the widening need not be to 20' as recommended in the staff report, but to 17' to 18' in accordance with parking stall requirements of the City Ordinance. PUBLIC HEARING (Application No. 85022) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Manson to close the public hearing. The motion passed unanimously. There followed a brief discussion regarding the inspection of the property by the Building Inspector. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85022 (Joan Moe) Motion by Commissioner Malecki seconded by Commios ner Nelson to recommend approval of Application No. 85022, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3• The hours of operation shall be from 10:00 a.m. to 8:00 p.m. by appointment only. 4. The applicant shall install a 10 lb. fire extinguisher in the area of the home occupation. 5. The premises shall be inspected by the Building Official and any recommendations made by the Building Official with respect to proper ingress and egress of the premises shall be completed prior to the issuance of the special use permit. 6. The applicant shall widen the driveway on the premises to an appropriate width for two cars from the street to the front of the house prior to the issuance of the special use permit. 8-15-85 -6- 7. Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission. adjourned at 9:27 p.m. irman 8-15-85 -7- ` 1 1