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HomeMy WebLinkAbout1986 09-11 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 SEPTEMBER 11 , 1986 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Mike Nelson at 7:31 p.m. ROLL CALL Chairman Pro tern Mike Nelson, Commissioners Molly Malecki, Carl Sandstrom, Lowell Ainas, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier, and Planner Gary Shallcross. Chairman Pro tem Nelson explained that Chairman Lucht had stated that he would be unable to attend and was excused. APPROVAL OF MINUTES .= August 28, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the August 28, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tern Nelson, Commissioners Malecki, Sandstrom, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Ainas. The motion passed. APPLICATION NO. 86035 (Plaza Investments) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate an eating establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86035 attached). The Secretary also noted that the establishment would need a public dance license and recommended a condition of approval that the special use permit be subject to all applicable codes, ordinances and regulations including the need for a dance license. Commissioner Bernards asked whether the City codes defined "live entertainment." The Secretary answered in the negative. Commissioner Bernards asked whether negligee shows would be included. The Secretary stated that nudity was covered by other ordinances than the Zoning Ordinance. PUBLIC HEARING (Application No. 86035) Chairman Pro tem Nelson then opened the meeting for a public hearing and asked whether anyone wished to speak regarding the application. Hearing no one, 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. The Secretary noted that a representative of the applicant was not present at the Planning Commission meeting. Commissioner Malecki asked what the difference would be between occasional and regular live entertainment. The Secretary stated that it was his understanding that piped music would be provided in the night club area and that live entertainment would not be a regular feature. He stated that occasional 9-11-86 -1- convention business and other events might have live entertainment. Commissioner Sandstrom asked whether regular live entertainment would be permitted under approval of the application. The Secretary responded in the affirmative and stated that the frequency of such entertainment would not be limited by the approval. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86035 (Plaza Investments) Motion by Commissioner Sandstrom seconded by Commissioner Malecki to recommend approval of Application No. 86035, subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances and regulations including the requirement for a public dance license, and any violation thereof shall be grounds for revocation. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86036 (Osseo School District) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct an addition for a gymnasium and storage rooms to the north side of the Willow Lane School at 7020 Perry Avenue North. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86036. attached). The Secretary also noted that the bid opening for the construction project was that day and that information about the feasibility of including the site improvements in this budget year would be available probably by the Council meeting. The Secretary also recommended that the requirement for a financial guarantee be waived, but that the City have a performance agreement with the school district for completion of site improvements. Chairman Pro tem Nelson then asked the applicant whether he had anything to add. Mr. Jim Rydeen, the architect for the project, asked whether the greenstrip referred to in the staff report is the island. The Secretary responded in the affirmative. Mr. Rydeen noted that landscaping had been provided in the greenstrip in accordance with the recommendations of the staff and the City ordinance. He stated that he was concerned for his client, the school district, for possible liability in case an accident resulted because of visibility problems arising from the landscape screening. He stated that he preferred to put no plantings at all within the greenstrip so that visibility would be maximized. He asked that if plantings were required, that they be designated as a City directive and not as something proposed by the school district. Commissioner Bernards asked Mr. Rydeen if low shrubbery would be acceptable. Mr. Rydeen answered that small shrubs grow into large ones and that the burden would be on the school district to keep them trimmed down to a safe level. The Secretary suggested that taller shade trees could be provided in the greenstrip so that visibility at the sidewalk level would be preserved. Commissioner Sandstrom stated that he was concerned about the possible liability that would be born by the school district and possibly even the City if sight visibility were impaired by the landscaping. The Secretary acknowledged this and noted the requirement for a sight triangle at the interesection of public streets. He suggested again that deciduous trees be used to keep the visual impairment above the pedestrian level. Commissioner Sandstrom asked the applicant whether he agreed with this idea for deciduous trees. Mr. Rydeen still stated that he 9-11-86 -2- preferred no landscaping at all. He stated that the school district could put in the landscaping, but that there would always be increased visibility problems and, therefore, increased liability problems. PUBLIC HEARING (Application No. 86036) Chairman Pro tem Nelson then opened the meeting for a public hearing on the special use permit application. He asked whether anyone present wished to speak regarding the application. Mr. Idle Magnuson of 4037 71st Avenue North briefly addressed the Commission. He asked how far the screening on the north side of the parking lot would go relative to the lots to the north facing 71st Avenue North. The Secretary showed the area in question on a map of this portion of the City. The Planner stated that the parking lot extends eastward for about three residential lots. Mr. Magnuson also had a question as to the greenstrip being debated. The Secretary pointed out the location of the greenstrip and the proposed landscaping on a transparency of the site plan. Mr. Magnuson thanked the Commission for the information and stated that he had no other concern or objection regarding the application. Chairman Pro tem Nelson asked whether anyone else wished to speak. Seeing no one, 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 commented on the screening issue. He stated that he had lived in the neighborhood for eight years across the street.from the school. He stated that he agreed that screening of the parking lot was unnecessary in this case. He noted that neighbors that live in the area wish to be able to see their children playing across the street and that the shrubbery would impair their visibility to supervise the activity of their children. He asked how this requirement might be eliminated. The Secretary stated that he felt that shade trees would not be detrimental to the visibility concerns expressed by Commissioner Ainas and the applicant. Commissioner Ainas stated that he felt that such trees would be adverse from a safety standpoint and that neighbors would still object regarding the visibility impairment. He recommended that the requirement be waived in this case. Commissioner Sandstrom concurred. He pointed out other schools in the City and asked whether their parking lots had also been screened as required. He noted in particular, Northport School. The Secretary answered that Northport School is not located directly off a public street and that the addition that was built a couple of years ago to Northport-School did not involve any changes to the parking lot. He stated that in this case the access to the parking lot violated ordinance standards and needed to be corrected. As part of that correction, he explained, the greenstrip and parking lot screening requirements were taken into account. The Secretary also noted the example of the Brooklyn Center Baptist Church at 59th and Humboldt Avenues North. He pointed out that this was an institutional use in a residential neighborhood that was required-to provide curb and gutter around the entire parking lot and parking lot screening. Commissioner Sandstrom pointed out - that the City is concerned about sight visibility at the intersections of public streets and that shrubbery must be removed from the sight triangle at those intersections. He stated that just such a visibility problem would be created in this case if landscaping were required. The Secretary answered that taller overstorey shade trees would not be a violation of that sight triangle requirement. 9-11-86 -3- Chairman Pro tem Nelson then asked the rest of the Commission how they felt. Commissioner Malecki and Bernards both agreed with the concern on visibility, but suggested that perhaps shade trees would be acceptable. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86036. (Osseo School District) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 86036, 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 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. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around the newly established greenstrip adjacent to Perry Avenue North. 7. The standards for a special use permit are deemed to be met by the virtue of the following: a) the proposed use enhances the public welfare. b) screening of the parking lot will improve the relationship of the school use to adjacent residences. c) there will be no adverse impact on development of adjacent parcels. d) the provision of greenstrip, boulevard, sidewalk, and defined access along Perry Avenue North will better control traffic movements into and out of the site. 8. The plans shall be modified to replace low-lying shrubs with deciduous trees in the greenstrip to be established on Perry Avenue and 25' sight triangles shall be maintained at the new parking lot entrances. Voting in favor: Chairman Pro tem Nelson, Commissioners Malecki, Sandstrom, Ainas, Bernards and Wallerstedt. Voting against: none. The motion passed. -- ADJOURNMENT Following a brief review of upcoming business items, there was a motion by Commissioner Sandstrom seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:12 p.m. 9-11-86 -4- Chaiman Pro ten Planning Commission Information Sheet Application No. 86035 Applicant: Plaza Investments Location: 2200 Freeway Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate an eating and drinking establishment offering live entertainment in the Ramada Hotel at 2200 Freeway Boulevard. The hotel is located in the I-1 zoning district and is bounded by Shingle Creek on the west, by vacant I-1 zoned land on the north, by the Shingle Creek Business Center central parking lot on the northeast, by vacant I-1 zoned land on the east, and by Freeway Boulevard on the south. Restaurants offering live entertainment are allowed by special use.permit in the I-1 district under Sections 35-330 subsection 3f and Section 35-322.3d of the Zoning Ordinance (attached). Mr. Steve Anderson, the manager of the new Ramada Hotel has explained to staff that the application has been filed to comprehend what he expects to be occasional live entertainment at the hotel. There is a space within the nightclub set aside for dancing if there is recorded music played. This area can serve as "stage" for any live acts, including bands, trios, comediens, magicians, etc. Live entertainment may also be provided in banquet or meeting rooms within the hotel. This is a rather open-ended description of live entertainment within the hotel, but it should be kept in mind that the entertainment would be on an occasional basis, rather than on a regular basis throughout the first two floors of the hotel. Staff see no conflict with the special use standards posed by the live entertainment use in this location. It is in keeping with the principal use on the site of a hotel. Approval is recommended. 9-11-86