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HomeMy WebLinkAbout1985 10-10 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 10, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Nancy Manson at 7:34 p.m. ROLL CALL Chairman Pro tem Nancy Manson, Commissioners Molly Malecki, 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. Chairman Lucht had notified the Commission he would not be present and was excused. APPROVAL OF MINUTES - September 26, 1985 Motion by Commissioner Nelson seconded by Commissioner Sandstrom to approve the minutes of the September 26, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Sandstrom, Nelson and Bernards. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NO. 85027 (Foundation Stone Ministries, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval to construct a church with seating capacity of 800 at the southwest corner of I-94 and Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85027 attached) . Regarding the landscape plan, the Secretary noted that there are no quantative standards in the ordinance for the number of plantings. The Secretary also explained that a traffic counter had been put down in the southbound lane of Brooklyn Boulevard over the last weekend. He stated that the traffic counts do show an increase around Sunday noon. The Secretary concluded that he believed the Standards for a Special Use Permit can be met in this case and that traffic is not a reason to deny the application. The City Engineer then explained in further detail the layout-of the proposed drainage system and stated that it was designed according to the City's standards. Regarding traffic, the City Engineer pointed out that, although the traffic on Brooklyn Boulevard at noon on Sundays is fairly heavy, it is still not as heavy as the weekday evening rush hour traffic. He stated that the addition of the church at this period of time would still live within the capacity of Brooklyn Boulevard. PUBLIC HEARING (Application No. 85027) Chairman Pro tem Manson then reopened the public hearing on the special use permit for Foundation Stone Ministries, Inc. She stated that the public hearing had previously been closed and that only new information or questions should be submitted at this time. Esther Jensen of 4213 66th Avenue North inquired as to the sidewalk on the west side of Brooklyn Boulevard and what would happen to it as a result of the plan. The Planner pointed out that it was still indicated on the plan. Mr. Dennis Batty explained that the sidewalk would be relocated westward with the installation of the deceleration lane. 10-10-85 -1- Pat Johnson of 4207 66th Avenue North asked about the covenant on the houses in the area south of the church site. The Secretary answered that the City has received conflicting opinions from different attorneys as to whether the covenants effecting j the houses to the south are still in effect. (The covenants prohibit any use of the property other than for single-family residential.) Mrs. Johnson stated that the covenant should stay in effect until it is released by the owners of property in the subdivision. She stated that no one in the area has signed a release of the covenant. There followed a discussion of the effect of the covenants on development of the church site. The Secretary pointed out that the covenant does not apply to the church site itself and that the existence of the covenant does not prevent the City from urging the church to acquire additional lots for improving access, even if it means attempting to undo the covenant for those lots. Chairman Pro tem Manson asked whether anyone else wished to speak regarding the application. Hearing none, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Bernards asked how traffic would make its movement into the site if cars were coming from the south. The Secretary responded that cars coming to the site from the south would make a U turn at the signal at the intersection of the freeway ramps and Brooklyn Boulevard. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85027 (Foundation Stone Ministries, Inc.) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 85027, 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 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. 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 the requirements of the Uniform Building Code, Chapter 3802 b. 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. 10-10-85 -2- 8. Access to the church site shall be right-in/right-out only. The median in Brooklyn Boulevard shall be extended in accordance with the recommendations of the City Engineer and Hennepin County. Access to the site from 66th and Indiana shall be prohibited. 9. A deceleration lane on the outside of the southbound lane of Brooklyn Boulevard shall be installed in accordance with the recommendations of the City Engineer and Hennepin County. 10. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11. The permit is issued to the applicant and is nontransferable. 12. Plan approval in no way commits the City to acceptance of the conceptual master plan submitted with the development plans for the church. Future additions shall be subject to an amendment of the Special Use Permit and conformance to City requirements through the site and building plan process. 13• The site shall be bounded on all sides adjacent to single-family residences and to Indiana Avenue North right-of-way with a minimum 6' high wood fence for both screening and security purposes. 14. An as-built survey of all site utilities shall be submitted to the Engineering Department prior to release of the performance guarantee. 15. The applicant is encouraged to acquire the lots adjacent to the site to the south along Brooklyn Boulevard in order to move the access as far from the intersection of I-94 and Brooklyn Boulevard as possible. 16. Site lighting shall conform to the requirements of Section 35-712 of the Zoning Ordinance. 17. The applicant shall obtain a temporary construction easement for regrading of the north portion of the lots of 4024 and 4100 65th Avenue North prior to the issuance of permits, or construct additional catch basins between 4024 and 4100 65th Avenue North. 18. - The landscape plan shall be modified to indicate sod in all green areas of the site prior to the issuance of permits. r Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Manson, Sandstrom, Ainas and Nelson. The motion passed unanimously. APPLICATION NO. 85032 (Arby's) The Secretary then introduced the next item of business, a request for a variance from Section 34-140, Subsection 3a:lb of the Sign Ordinance to allow a tenant identification wall sign on the canopy above the northwest entrance to Brookdale Mall and not on the exterior wall space of the Arby's tenant space. The Secretary 10-10-85 -3- explained that individual tenant signs at Brookdale would have to come down if a collective identification sign band were put up. He explained the collective identification wall sign at Westbrook Mall which provides identification signery for tenants not having exterior wall space. Chairman Pro tem Manson asked the applicant whether he had anything to add. Mr. Chuck Nadler of Arby's stated that he felt the situation is unique and that a variance is justified. He showed the Planning Commission a floor plan of tenant spaces in the northwest area of Brookdale and a rendering of the proposed Arby's sign. He stated that the sign would be the same size as the T. J. ApplebeeIs sign on the same canopy. He explained that the sign would be lit while the Arby's Restaurant was open and that this would have the effect of advertising the hours of operation. Commissioner Bernards asked what was the attitude of the Brookdale Center Management. Mr. Nadler stated that the sign was acceptable to them and introduced Mr. Chris Cummins of the Center Companies. Commissioner Nelson asked how many tenants have exterior walls at Brookdale. Mr. Cummins stated that about 30% of the the tenants have exterior walls and that 70% do not. The Secretary asked about the hours of other tenants. W. Cummins stated that because of lease renewal agreements coming up at this time, it was unlikely that the hours of the operation would change significantly for any of the other tenants for the foreseeable future. Regarding a collective identification sign, Mr. Cummins stated that the center would not pursue such a possibility. He stated that the Center Management and ownership prefer to minimize the amount of signery on the exterior walls. The Secretary asked about the possibility of another restaurant in the center. Mr. Cummins stated that the center is close to 10% of the floor area devoted to restaurants right now, excluding the department stores, and that there is no desire to have another restaurant in the center. Chairman Pro tem Manson asked about the possibility of a drug store perhaps wanting to have longer hours. Mr. Cummins stated that there would be no other drug store tenants besides Snyder Brothers. There followed a brief discussion in which the Secretary and Mr. Cummins discussed the uniqueness of the Arby's situation relative to other tenants in Brookdale, including Rocky Rococo's. The Secretary asked whether Arby's sign is intended to appeal to Xerxes Avenue. Mr. Nadler responded in the negative and stated that the sign would attempt to appeal to people on their way to McDonalds. The Secretary pointed out that McDonalds is on Xerxes Avenue. Mr. Nadler showed the Planning Commission a site plan of the Brookdale Shopping Center and stated that he wanted to let people know that Arby's was open, which they would probably not realize if there was no sign, he said. The Secretary stated that Arby's would receive a fair amount of business simply from being located in the Brookdale Shopping Center. There followed further discussion as to the merits of the Sign Variance request. Commissioner Sandstrom stated that he felt the applicant's argument was valid and that a lighted sign would indicate to the public when the restaurant would be open. Commissioner Ainas agreed. He stated that, because of the unique hours of the ' restaurant and the lack of wall exposure, the Arby's restaurant does experience a- legitimate hardship. PUBLIC HEARING (Application No. 85032) Chairman Pro tem Manson then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing none, she called for a motion to close the public hearing. 10-10-85 -4- CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Commissioner Sandstrom stated that restaurants are becoming a more common thing in enclosed shopping malls. He noted that there is an Arby's Restaurant in Southdale and its location has a good view that can appeal to people outside the shopping mall. The Planner noted that the primary reason for the uniqueness claimed in this case was the hours of operation. He asked what would happen if the hours were to change back to the normal center hours and the situation would, therefore, no longer be unique. Mr. Doug Kennedy of Arby's stated that the hours of operation of Arby's Restaurant at other shopping malls have not been reduced after some time in operation. Chairman Pro tem Manson asked whether a sign indicating Arby's with the hours of the mall entrance would be a permitted sign. The Secretary stated that such a sign would be permitted if it was informational or directional in nature and not an identification sign. He stated that the Arby's name would have to be incidental and not the primary focus of such a sign. Chairman Pro tem Manson asked about the status of the T. J. Applebee's sign. The Secretary explained that T. J. Applebee's does have exterior wall space and can legally put an identification sign on the wall. Commissioner Malecki asked whether the Commission should allow an exterior sign for every tenant that has extra hours. Mr. Chris Cummins stated that the owners of the shopping center do not want signs on the exterior at all. He stated that this particular situation is unique. Chairman Pro tem Manson asked about the operating agreements between the center and existing tenants that might change over time or with new ownership. Mr. Cummins stated that the operating agreements would stay in effect even with new owners. Chairman Pro tem Manson stated that the Commission had to be concerned regarding the possible precedent that would be set by granting the variance. Commissioner Ainas stated that the hours of business are different for these restaurants which typically have later hours than a retail business whether located in an enclosed mall or not. He suggested that the Commission note the type of business involved and the uniqueness of the hours of operation in action recommending approval. The Secretary pointed out that Arby's could still stay open after hours if they did not have a wall sign. Commissioner Ainas acknowledged this, but stated that he felt that, because of the type of business involved and the particular location within an enclosed mall, the applicants do have a legitimate hardship. Mr. Nadler of Arby's stated that he would probably shrink the extraordinary hours of the restaurant if no exterior sign were possible. Chairman Pro tem Manson then reviewed the Standards for a Sign Variance. Commissioner Sandstrom stated that he felt that all of the standards were met in this case and that a variance can legitimately be granted. Chairman Pro tem Manson asked whether there were any other comments from the Commission. Hearing none, she called for a motion regarding the application. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85032 (Arby's) Mlotion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 85032 on the grounds that the hours of operation are unique and the type of business (a restaurant) within an enclosed shopping mall creates a situation of hardship. Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. 10-10-85 -5- APPLICATION NO. 85033 (Zantigo's) The Secretary then introduced the last item of business, a request for site and building plan and special use permit approval to construct an 82 seat Zantigo's Restaurant with a drive-up window at 5532 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85033 attached). The Secretary also noted that the drive-up traffic leaving the site would be intermittent and that there would be possibilities for other cars leaving the site to get out and make turns without major conflict with the drive-up traffic. The Secretary also strongly recommended that sod be provided in the interior sideyard greenstrips. Commissioner Sandstrom asked whether the interior greenstrips had raised berms and expressed concern that car bumpers would cut into such a berm and kill the grass. The Secretary responded that the side interior green areas are flat. Chairman Pro tem Manson asked the applicant whether he had anything to add. Mr. K. C. George of Zantigo's Restaurant stated that he had nothing to add. PUBLIC HEARING (Application No. 85033) Chairman Pro tem Manson then opened the public hearing and asked whether anyone present wished to speak regarding the application. Hearing none, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Chairman Pro tem Manson asked the applicant if he was aware of the conditions regarding amending the plan to show sod in the interior greenstrips and a landscaped parking delineator on the south side of the site. Mr. K. C. George stated that those conditions would pose no problem. ACTION RECO14 ENDING APPROVAL OF APPLICATION NO. 85033 (Zantigo's) Motion by Commissioner Ainas seconded by Commissioner Nelson to recommend approval of Application No. 85033 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. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of approved site improvements shall be submitted _ prior to the issuance of permits. 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. 10-10-85 -6- 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. B612 curb and gutter shall be provided around all parking and driving areas. 9. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 10. The plans shall be modified prior to consideration by the City Council to provide the following: a. A curbed and landscaped delineator between the 900 and 45 ° stalls on the south side of the parking lot. b. Indication of sod rather than rock mulch in the interior side yard greenstrips. 11. On-site traffic control signery shall be subject to review and approval by the City Engineer. 12. A copy of an as-built utility survey shall be submitted to the Engineering Department prior to release of the performance guarantee. Voting in favor: Chairman Pro tem Manson, Commissioners Malecki, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. DISCUSSION ITEM (P.U.D. Ordinance) The Secretary distributed copies of a draft Planned Unit Development Ordinance and told the Commission that he had nothing to present on the ordinance this evening, but encouraged the Commission to look into the ordinance for future discussion. Commissioner Malecki noted some provisions regarding signery and approval of a sign package with a Planned Unit Development proposal. She wondered whether this would conflict with the Sign Ordinance. The Secretary stated that the Commission could, look at different restrictions on the signery with each Planned Unit Development or it could simply follow the present ordinance. He stated a slight preference for continuing with the present ordinance. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Ainas to adjourn the r meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:11 p.m. Chairman 10-10-85 -7- 1 1