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HomeMy WebLinkAbout1985 09-12 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 SEPTEMBER 12, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Melly Malecki, Nancy Manson, Lowell Ainas, 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. APPROVAL OF MINUTES - August 29, 1985 Motion by Commissioner Malecki seconded by Commissioner Nelson to approve the minutes of the August 29, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson and Bernards. Voting against: none. Not voting: Commissioners Manson, Ainas and Sandstrom. The motion passed. APPLICATION NO. 85023 (Village Properties) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan approval to relocate a 16 unit apartment building to the northeast corner of the Evergreen Park Apartments property in the 7200 block of Camden Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85023 attached) . Chairman Lucht asked the applicant whether he had anything to add. Mr. Jerry Cowan of Village Properties stated that he had nothing to add. Commissioner Malecki asked whether the entire building would be moved or only the top floor. Mr. Cowan answered that one floor of the building would be moved at a time and that the process would take about a month. Chairman Lucht inquired as to the agreement between the developer and the City as to purchase of excess right-of way. Mr. Ken Solie of Village Properties stated that the City Attorney was drafting such an agreement and that it would be executed prior to the issuance of permits. In response to another question from Commissioner Bernards, Mr. Solie stated that Village Properties has purchased the right to the excess right-of-way from the previous owners. The Secretary went on to explain the status of various remnant properties along the freeway right-of way and that the City would also be interested in picking up some land further south. There followed a discussion of the noise wall that would be built to shield the 7206 building. The Secretary stated that the noise wall would probably be wood construction similar to those in the Camden area along I-94. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85023 (Village Properties) Motion by Commissioner Sandstrom seconded by Commissioner Manson to recommend approval of Application No. 85023, 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. 9-12-85 -1- 2. Utility plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. Approval is contingent on fulfillment of all conditions pertaining to Application No. 85016, particularly that the applicant shall enter an agreement with the City assuring that they (the applicants, their successors and assigns), shall purchase excess right-of-way abutting this property when it becomes available and shall combine it by plat or registered land survey with the existing site into a single parcel. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85024 (Ryan Construction Company) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a drive-up restaurant and attached retail center at the northeast corner of Shingle Creek Parkway and John Martin Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85024 attached) . Chairman Lucht asked the applicant if he had anything to add. Mr. Jeff Rice of Ryan Construction Company stated that he was satisfied with the report and had nothing further to add. Chairman Lucht noted that the drive-up window was a special use permit and asked whether there were any particular conditions relating to that aspect of the application. The Planner suggested adding a condition regarding the special use permit being subject to all codes, ordinances and regulations. By consensus the Commission agreed to add that condition. PUBLIC HEARING (Application No. 85024) Chairman Lucht then opened the meeting for the public hearing 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 Ainas seconded by Commissioner Sandstrom to close the public hearing. -The motion passed unanimously. Commissioner Malecki then asked why there were no details provided regarding the drive-up window, although that was the subject of the special use permit application. The Planner apologized for the lack of information at this time, but noted that the plans were for a larger development and that the drive-up window would serve a standard restaurant as opposed to a convenience food restaurant and that the drive-up traffic was not considered to be a major concern. He stated that Condition No. 9 in the information sheet would essentially direct the City Engineer to approve an appropriate drive-up lane when more detailed plans were available. Mr. Jeff Rice of Ryan Construction Company stated that his firm had concluded agreements with LaBelle's regarding cross access for truck traffic behind the Target and Shingle Creek Center buildings and also, between parking lots near John Martin Drive. He stated that LaBelle's had initially been cool to the idea, but began to realize the benefits after looking into it further. He stated that he felt 9-12-85 -2- this cross access arrangement would be beneficial both to the parties involved and to the City since it would reduce traffic movements on public streets. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85024 (Ryan Construction Company) Motion by Commissioner Manson seconded by Commissioner Falecki to recommend approval of Application No. 85024, 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be modified prior to consideration by the City Council to indicate: a) Parking delineators as required by the City Engineer. b) The additional landscape screening in the area south of Building B in the greenstrip adjacent to John Martin Drive. 9. 'Driveway layout for the drive-up window shall be subject to review and approval by the City Engineer prior to the issuance of building permits. 10. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed unanimously. APPLICATION NO. 85025 (Ronald Bashel) The Secretary then introduced the next item of business, a request for special use permit approval to operate a tanning studio in the Humboldt Square Shopping Center at 6800 Humboldt Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85025 attached). 9-12-85 -3- r Chairman Lucht asked the applicant whether he had anything to add. Mr. Ronald Bashel responded in the negative. PUBLIC HEARING (Application No. 85025) Chairman Lucht then opened the meeting for a public hearing. Noting that there was no one present to speak regarding 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 Bernards asked whether there were any applicable State health standards for tanning studios. The Secretary responded that he did not believe so, but that tanning salons were covered by the State Board of Cosmetology, at least when they are located in barber and beauty shops. Commissioner Bernards also inquired as to the liability of operators. The Secretary answered that there are standards for the equipment that regulate the level of radiation emitted. Mr. Bashel explained that the tanning beds would be controlled from the front of the studio by an employee. He stated that the patrons would turn the beds on, but that they would be turned off automatically by the employee and that they could not stay on indefinitely. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85025 (Ronald Bashel) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 85025, subject to the following conditions: 1. The permit is issued to the applicant as operator and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. Permit approval acknowledges suntan services only. Services such as massage or saunas are expressly prohibited in accordance with the City's Zoning Ordinance. 4. The establishment shall be inspected by the City Sanitarian prior 'to the issuance of the certificate of occupancy and yearly thereafter for compliance with applicable health and sanitation regulations. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. The Secretary then discussed with Ronald and Eileen Bashel the procedure for adoption of an ordinance to allow tanning studios to abut R3 zoned property and the effective date of such an ordinance. There was a brief discussion of business items anticipated for the September 26, 1985 Planning Commission meeting. The Secretary also noted that the City Manager wished to discuss with the Commission at that time developments pertaining to the Earle Brown Farm. 9-12-85 -4- ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimouWThe ing C ommission adjourned at 8:36 p.m. � 7 Chair 9-12-85 -5- 1