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HomeMy WebLinkAbout1979 07-12 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 ' July 12, 1979 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order at 7:34 p.m. by Chairman Hal Pierce. ROLL CALL - Cha1rTman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska, and Planning Assistant Gary Shallcross. The Secretary stated that Commissioner Hawes had notified the Commission at the June 28, 1979 meeting that he would be unable to attend the meeting of July 12, 1979. APPROVAL OF MINUTES - June 28 1979 Commissioner Malecki noted that she arrived at 8:15 p.m. Commissioner Erickson noted that he will be able to attend the July 26 meeting and Commissioner Lucht pointed out that he will be unable to be at the July 26 meeting. Motion by Com- missioner Lucht seconded by Commissioner Erickson to approve the minutes of the June 28 .meeting as corrected. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Lucht and Erickson. Voting against: none. Not voting: Com- missioner Manson. The motion passed. APPLICATION NO. 79035 (Brookl n Center Industrial Park) After the ChairmaW s explanation, the timst item of business was Application No. 79035 submitted by Brooklyn Center Industrial Park for site and building plan approval of a 10,245 sq. ft. retail sporting goods store. The Secretary pointed out that the building would be located on the 1 .35 acre portion of the easterly half of Tract N, R.L.S. 1325, south of John Martin Drive and west of Perkins Restaurant. He stated that 8,820 sq. ft. of the building is designed for retail sales area and 1 ,425 sq. ft. for storage. He noted that the property is zoned for C-2 and that retail sales of sporting goods is a permitted use for that zone. The storage or warehouse space, he said, is considered accessory to the principal permitted use and does not constitute a conflict with the zoning. He noted that the plan provides for the minimum required 85 parking stalls (two designated for handicapped at the northeast corner of the building and adjacent to a service ramp). He pointed out that the layout shows a 5 ft. green area along the south- east property line and a 7 ft. green area along the east property line in keeping with the City standards. In addition; he said, a 15 ft. green area (from the property line) is provided along John Martin Drive. The Secretary pointed out that the property shares a 30 ft. common driveway with the neighboring parcel (proposed for the St. Louis Park Medical Center) which is divided evenly by the west property line. Appropriate access and common roadway agreements will be necessary, he said. The Secretary also pointed out a single 14 ft. loading bay at the south end of the building. The Secretary indicated that the parcel is fairly level , varying no more than three feet over the entire site. Drainage, he said, would generally be in a westerly direction with the north portion of the site draining toward John Martin Drive and the southerly portion of the site draining to the northeast and toward a low area in the common driveway. 7-12-79 -1- The Secretary briefly reviewed the landscape plan, noting that it indicates a 4 ft. high berm in the green area adjacent to John Martin Drive and a 2 ft. high berm around the loading dock area. Plantings for the site include Skyline Locusts, Hackberry and Black Hill Spruce, Pfitzer junipers and Japanese bar- berries. He also noted that the two traffic isiands. in the parking lot were proposed for landscape treatment. Commissioner Erickson asked when the plans for the St. Louis Park Medical Clinic would be considered by the Planning Commission. The Secretary answered that the medical clinic is in the process of scaling down its plans and would probably submit them for review in either August or September. In answer to Commissioner Theis, the Secretary indicated that an underground irrigation system would be provided in all locations on the site other than the parking island. Chairman Pierce inquired as to signery permitted.. The 'Secretary explained that the- development would be entitled to one freestanding sign at the common entrance, a directional sign, and wall signs based on the square footage of the building. Chairman Pierce asked the Superintendent of Engineering whether he was satisfied with the development plan. The Superintendent of Engineering answered that the capacity of the catch basins on the site was subject to change and that he was not entirely satisfied with the drainage plan. The Chairman then called upon the applicant to speak to the proposal . Mr. Beisner noted that the irrigation system would be omitted from the parking area. He also indicated that the plan for the medical center should be submitted no later than September. In response to Chairman Pierce, Mr. Beisner explained that the common driveway would extend all the way to the south property line with the cost assessed to both properties by the Industrial Park. The Secretary pointed out the existence of a 15 ft. easement along the southeast property line and requested that the applicant indicate the use of that easement in the plans prior to Council approval . ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79035 (Brooklyn Center Ind Park) Motion by Commissioner Lucht seconded by Commissioner Malecki to recommend approval of Application No. 79035, site and building plan approval for a sporting goods store on the easterly half of the Tract N, R.L.S. 1325, located on John Martin Drive, subject to the following conditions: 1 . The building plans are subject to review and approval by the Building Official with respect to applicable Bodes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building sha11 be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 7-12-79 -2- 6. 8612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. The property shall be subdivided through platting or registered land survey. 9. A joint access agreement for the common driveway shared by their property and the property to the west shall be approved by the City Engineer prior to development of the parcel to the west. The agreement shall be filed with the title to the property. 10. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of the City Ordinances. 11. The applicant shall enter into a standard utility maintenance agreement as approved by the City Engineer. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79039 (Embers) The next item of consideration was a request to extend site and building plan and special use permit approval for a 172 seat Embers Restaurant to be located on James Circle south of Freeway Boulevard (adjacent to and southerly of the bowling alley site). The Secretary explained that a special use permit is required for a C2 use in the I-1 district by Section 35-330 (3) (f) . Under the Zoning .Ordinance, he said, special uses which do not commence within one year of the date of the Council approval must apply for an extension. This appli- cation is in response to that requirement. The Secretary recalled that the application was approved by the City Council on July 24, 1978. Since that time, he stated, Embers Restaurant has undertaken a redesign program to increase energy efficiency in its new and existing restaur- ants. He noted that the alterations will not alter the basic site plan or structural design of the building; nor will they change the customer seating capacity or the number of employees. The Secretary pointed out that the plan indicates 93 parking stalls, one more than required by the ordinance. Chairman Pierce then asked the applicant to speak to the proposal . Mr. Kristal of Mr. Ems Corporation explained that the redesign program for energy efficiency was aimed primarily at developing a way to recycle the heat generated by cooking and did not pertain especially to the exterior of the building. He also stated that he hoped to begin construction by next spring. Commissioner Erickson asked what would be required in terms of a review if construction did not commence within another year. The Secretary answered that a total resubmission of the plans would probably be necessary at that time. Chairman Pierce asked whether rooftop mechanical equipment would be screened from view under the approval of the plans. The Secretary explained that this requirement was part of the original approval and is included in the extension. 7-12-79 -3- ACTION RECOMMENDING APPROVAL 'OF APPLICATION NO. 79039 (Embers) Motion by Commissioner Theis seconded y Commissioner Erickson to recommend approval of the extension of site and building plan and special use permit approval for the Embers Restaurant on James Circle subject to the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to current applicable codes prior to the issuance of permits. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3. All conditions agreed to in the previous applications- are- extended with approval of site and building plans and the special use permit. 4. Any changes in the site and building plans will require review and approval by the Planning Commission and City Council prior to the issuance of permits. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. Application No. 79040 (Williams-O'Brien Associates for MTC) The Secretary introduced the next item of business, site and building plan approval for an addition to the existing MTC Garage located at 6845 Shingle Creek Parkway. The Secretary pointed out that the site is bounded on the north by Shingle Creek Parkway, on the west by Shingle Creek, on the east by the planned Spec. 9 industrial site, and by vacant industrially zoned property to the south. The Secretary stated that the applicant proposes to construct a new 223 stall parking lot to accommodate an expanded operation which would include construction of a driver and dispatch area on the south side of the building, a new boiler and mechanics area on the north side of the building and a new maintenance area and bus area on the west side of the building. Internally, a new service bay area would be constructed. He stated that the expansion would increase capacity to 200 buses and it is anticipated that normally there would be no more than 175 buses on the site. He noted that the MTC estimates the maximum number of employees on the site at any one time to be approximately 100. He also pointed out that the total parking on the site plan amounted to 337 spaces, six of which would be handicapped stalls. The parking provided, he said, exceeds the ordinance formula based on the number of employees as well as the square footage calculation. The Secretary explained that the new driver-dispatch area on the south would include lockers, lavatories, a drivers lounge, a dispatch area as well as some offices. He indicated that the new boiler and mechanics area on the north side would include space for storing sand, salt and dirt and a lunch room. The new maintenance area, he said, would include space for parts and equipment storage, an area for mechanical work, a foreman's office, and an advertising shop. The bus traffic flow would be such that buses would enter the site from Shingle Creek Parkway at the northwest entrance, enter the building at the southwesterly side of the building, and then continue through the building to the drivers area where the drivers would leave the buses for runners to continue with the servicing and parking of the vehicles. For the most part, he stated, buses would not leave the building for servicing and parking. The only times buses would be expected to be outside the garage would be during arrival and depart- ure of scheduled routes. 7-12-79 -4- With respect to the landscape and berming plans, the Secretary noted that the applicant proposes to extend the existing berm on the westerly portion of the site, between the building and the Shingle Creek greenstrip, southerly around the new parking lot to provide screening from the greenstrip. He pointed out that the City is currently holding $20,000.00 of a site performance bond posted by Rauenhorst Corporation for landscape and other site improvements under the original approval . He reported that Rauenhorst has indicated they will complete their portion of the site work. At the time of the original approval , he said, landscaping south of the building in the area of the new parking lot had been deferred in anticipation of the expansion of the MTC Garage. The Secretary stated that the applicant has submitted a landscape plan that indicates additional trees and plantings throughout the site as well as for the deferred area. They also propose to relocate existing trees and shrubs affected by the expansion, he said. The Secretary noted that staff had encouraged the applicant to consider the possibility of having joint access with the Spec. 9 building on the eastern portion of site. He stated that they are willing to cooperate with regard to such an access and will be pursuing this further although the submitted plans do not indicate a joint access. The Secretary also noted that the plan shows the exterior finish of the new additions to be compatible with the existing building, that being precast concrete panels with a vertical scoring texture. Chairman Pierce inquired about additional curb cuts. The Secretary replied that one additional curb cut is proposed in the plan, but would not be served by a median cut. Chairman Pierce asked where the median cut would be located. The Secretary answered that he and the Superintendent of Engineering are working on plans for median cuts along Shingle Creek Parkway. He said the attempt has been to serve three to four parcels at a time, keeping median cuts as far apart as possible. Commissioner Theis asked whether there were any restrictions on outside parking in the Industrial Park. The Secretary answered that outside storage in the Industrial Park is prohibited except for vehicles. The Planning Commission, he said, could tell the applicant that inside garage space should be utilized as much as possible. In response to Commissioner Malecki, the Secretary indicated that the City would release the present $20,000.00 performance bond held against previous site work. A new bond would be held -on the proposed landscaping. He- noted -that berming on the south side of the site is being extended towards Shingle Creek. Commissioner Theis pointed out that no sizes had been designated for the trees proposed for the site. The Secretary explained that 22 to 3 inch diameter trees are the usual requirement under the City Or Commissioner Theis asked that the size designations be added to the landscape plan before final approval . In response to further questions from Commissioner Theis, Mr. 'Paul Strother of Williams=OBrien Associates stated that the applicant intended to begin construction on the addition this coming fall and that the extra parking stalls on the site would provide space for buses to turn around and that no buses would be stored outside. In answer to Commissioner Lucht, Mr. Strother stated that the MTC buses would be switching to fuel oil from LP gas. In response to questions from Chairman Pierce, Mr. Strother stated that the facility would house 175 -buses normally, but could accommodate up to 200 at one time. Commissioner Theis asked whether there was any change proposed for the existing berm on 69th Avenue North. An associate of Mr. Strother answered that the berm would remain pretty much as is with some added undulation. The Secretary generally commended the screening job proposed by MTC along Shingle Creek. 7-12-79 -5- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79040 (MTC GARAGE) Motion by Commissioner Erickson seconded by Commissioner Theis to recommend approval of Application No. 79040 site and building plan .approval for an addition to the MTC Garage located at 6845 Shingle Creek Parkway, subject to the following conditions: 1 . Building plans are subject to review and approval by the the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Bond and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure. completion of approved site improvements. 4. The building additions shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal equipment and rooftop mechanical equipment shall be appropriately screened from view. 6. B612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. Plan approval acknowledges that the applicant is willing to share a common access onto Shingle Creek Parkway with the property immediately to the east. 9. The plans shall be amended to indicate 2P2 to 3 inch trees on the landscaping plan prior to the issuance of permits. . 10. The applicant will enter into an agreement with the City under the approval of the City Engineer for acquisition of additional street right-of-way for the purpose of realigning Shingle Creek Parkway adjacent to the bridge over Shingle Creek. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79041 (A.E.I. Design for Bob Ryan Oldsmobile ) The Secretary introduced the next item of consideration, site and building plan approval for an 1,148 sq. ft. used car sales office at 6700 Brooklyn Boulevard, a special use in the C2 zone. The building, he explained, would be 28' x 41 ' constructed south and east of the existing sales building on top of a concrete platform covering the center of the sales area. The new sales office, he said, will contain four offices and a lounge area. It will be connected to the main sales building by a canopy establishing a consistent roof line for the new and existing buildings. The Secretary pointed out that the proposed building will be serviced by two handicapped parking stalls, fulfilling State handicapped access requirements of one space per 50 regular parking spaces. He explained that- both buildings are accessible by means of a ramp leading to a. 12 ft. wide open area between the areas. 7-12-79 -6- The Secretary noted that the exterior treatment of the new sales office will be similar to the existing building and roof. He pointed out that a planter is proposed at the southwest corner of the structure. PUBLIC HEARING, Noting that the application involves a special use permit, the Chairman opened the meeting for a public hearing. The Secretary suggested that the approval of the application be subject to an additonal condition, that drainage aspects-of the plan be subject to approval by the City Engineer. Commissioner Theis asked how an estimate was made of parking needs. The Secretary replied that it is difficult to estimate the needed number of spaces. Staff, he explained, had used the commercial retail space formula in calculating proof of parking requirements. To a certain extent, he said, parking needs are a self-regulating requirement. Chairman Pierce noted that the landscape plan showed extensive landscaping in the central sales area. He asked whether the bond presently held by the City would be adequate to cover the new site improvements. The Secretary answered that he would check with the Building Official on this, but was fairly satisfied that the existing bond would be adequate. In answer to a question from Chairman Pierce, the applicant (the architect from A. E. I . Design) explained that the new building is intended to relieve :crowding of staff in the existing building. CLOSE PUBLIC HEARING Noting that no one else was present to speak to the proposal , Chairman Pierce called for a motion to close the public hearing. Motion by Commissioner Lucht seconded by Commissioner Manson to close the public hearing. Motion by Com- missioner Lucht seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Lucht,. Manson, and Erickson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79041 (Bob Ryan Oldsmobile) Motion by Commissioner Manson seconded by Commissioner Erickson to approve Application No. 79041 for site and building plan approval of a 1 ,148 sq. ft. used car sales office and a special use permit for car sales in the C2 zone, subject to the following conditions: 1 . The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. All outside trash disposal equipment and/or rooftop mechanical equipment shall be appropriately screened from view. 3. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of the City Ordinances. 4. The special use permit is acknowledged for continued approval , is issued to the operator of the facility and is nontransferable. 5. The special use permit is subject to all applicable codes ordinances and regulations and any violation thereof shall be grounds for revocation. 6. The performance bond currently held for site improvements under Application No. 78001 shall be retained to assure completion of approved site improvements. 7-12-79 -7- 1. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. - Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Lucht, Manson and Erickson. Voting against: none. The motion passed. APPLICATION NO 79042 (Gittleman Corporation) The next item of business was App ication No. 79042 submitted by Mr. Mel Gittleman, a request for a variance from Section 34-140, 3C (3) of the Sign Ordinance. The Secretary explained that this ordinance provision allows only one freestanding identification sign not to exceed 36 sq. ft. in area at each major entrance to a multiple-family residential development. The applicant, he pointed out, desires to place two identification signs totalling 36 sq. ft. in area at a single common entrance to the. Twin Lake North Apartments and the Twin Lake North condominiums. The Secretary stated that the applicant has letter of that the ordinance requirements for a variance because: 1 . The driveway extending into both developments creates a hardship because it is divided generally by the municipal boundary of Brooklyn .Center and Crystal , and the topography is poor on the Crystal side of the entrance. 2. The situation is unique in that the main entrance serves two separate developments, one in Brooklyn Center, one in Crystal . 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property because the total of the signs is within the maximum allowed by the ordinance. The Secretary referred the Commission to Section 34-180 containing the Standards for Variances from the Sign Ordinance. He stated that he did not feel the proposal met the requirements listed therein. A consistent reading of the Sign Ordinance, he said, requires that only one freestanding identification sign be allowed per major entrance to a clustered establishment. No matter how many businesses or other uses share a common entrance, only one freestanding sign is allowed for identification purposes at each entrance. The applicant's situation, therefore, does not seem unique, he stated. He also stated that a hardship is not demonstrated in this case apart from the applicant's aesthetic judgment which is considered too subjective a basis for determining hardship.. The applicant, he pointed out, will not suffer a particular hardship under a literal reading of the ordinance since he will be entitled to one 36 sq. ft. freestanding sign, as would be allowed in any similar circumstance. Finally, he argued, the variance, if granted, would not greatly improve the visibility of the complex, but could pose a safety hazard by possibly construing the common entrance as separate entrances, divided by a median. The proposal, therefore, seems at least potentially detrimental to the public welfare inasmuch- as it creates a potential traffic hazard, he said. The Secretary then showed the Commission the proposed location of the two signs at the entrance to the Twin Lake North complex. He pointed out what he considered to be the possibility for confusion "from the two signs and the divided median. He also noted that the applicant is not planning on putting a sign at the other entrance to the complex. 7-12.-79 Chairman Pierce called on the applicant to speak to the proposal . Mr. Gittleman stated that under ordinance, he would be allowed two freestanding signs of 36 sq. ft. each plus another 36 sq. ft. sign erected on the Crystal side of the boundary. The proposal he had put forth, he said, would be aesthetically superior to this option. He argued that the property is unique because it is .divided by a city boundary. Chairman Pierce asked Mr. Gittleman if he had any directional signs erected inside the complex. Mr. Gittleman stated that he did not yet have any such signs, but planned on putting them in. He added that he was willing to condition approval of the Sign Ordinance variance on giving up the other signery he would be allowed in Crystal and at the other major entrance. Chairman Pierce asked whether signs on both sides of a major entrance was a common practice. The Secretary pointed out that Mr. Dietrich, the developer of The Ponds project, sought two 36 sq. ft. signs. The Secretary suggested that if the Planning Commission feels the split in square footage in requirements is appropriate, it should consider an ordinance amendment rather than approve the variance in question. Mr. Gittleman stated that he thought the ordinance was probably referring to commercial developments rather than residential when it prohibited more than one freestanding sign at a major entrance. The Secretary answered, however, that the ordinance does differentiate between residential and commercial permitted signs and that the provision for one free- standing sign per major entrance in each zone is explicitly stated. Mr. Gittleman stated that to him the proposal made sense aesthetically and assured the Commission that he was acting in good faith in his variance request. The Secretary countered that to grant a variance the standards for a variance must be met and that aesthetics are not an appropriate basis. Chairman Pierce stated that he felt there was nothing wrong with the substance of the proposal , but agreed that an ordinance amendment would be a better way to proceed than `granting a variance. Commissioner Lucht, however, felt that a sign on only one siae of the major entrance is not aesthetically unbalanced. He could not see any reason to amend the Sign Ordinance on the basis of one case. Mr. Gittle- man said that, while he did not mean it as a threat, if he were denied the variance he would have to put up two 36 sq. ft. signs, one in Brooklyn Center and one in Crystal . He stated that the judgment as to whether two signs further apart is preferable would have to be made by the Planning Commission. Commissioner Erickson asked how far away the Crystal boundary was from the entrance point. Mr. Gittleman answered that it is about 30 feet. He stressed his opinion that the situation of the complex being divided by a City boundary is. very unique. Commissioner Malecki stated that she was not opposed to the idea of an ordinance amendment, but could not see that there was a hardship in the.•current case and, therefore, could not vote in favor of a variance. Commissioner Erickson asked what kind of ordinance amendment would substitute for the grant ing of a variance. Chairman Pierce explained that the ordinance amendment would allow two freestanding signs at a major entrance to a residential complex if the sum of the signs ' area did not exceed 36 sq. ft. The Secretary noted that an ordinance amendment could give an owner flexibility to split the total amount of signage between two signs or to simply have one sign of 36 sq. ft. He answered the applicant's implied threat by reminding the Commission that The Ponds project could do the same thing as Mr. Gittleman by- putting another 36 sq. ft. sign in Brooklyn Park. He advised the Commission to ignore such an implied threat and consider the case on its merits. 7-12-79 -9 Chairman Pierce expressed interest in the possibility of an ordinance amendment which would give residential developments the option of either one or two signs at a major entrance. Commissioner Lucht, however, stated that two signs with different identification is confusing. Commissioner Manson agreed that two signs would be confusing particularly at the boundary of Brooklyn Center and Crystal where Bass Lake Road curves to the south. She added that she could not vote for an ordinance amendment without further study and a report from staff. CLOSE PUBLIC HEARING Motion by Commissioner Theis seconded by Commissioner Lucht to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79042 (Melvin Gittleman) Commissioner Theis stated that he felt that the topography of the Tana creates a hardship for the property owner, that the situation of the development over a City boundary is unique and that no detriment would occur to surrounding properties or the general public. He stated that he preferred to keep the ordinance as is and grant the variance. Motion by Commissioner Theis to approve Application No. 79042 failed for lack of a second. ACTION RECOMMENDING DENIAL'OF APPLICATION NO. 79042 (Melvin Gittleman) Motion by Commissioner Malecki—seconded by Commissioner Erickson to deny Appl cation No. 79042, a request for a variance from the Sign Ordinance, on the grounds that the variance request does not meet Sign Ordinance standards for a variance. Voting in favor: Chairman Pierce, Commissioners Malecki , Manson, Lucht and Erickson. Voting against: Commissioner Theis. The motion passed. Chairman Pierce asked the Commission whether there was any direction to staff concerning an ordinance amendment. Commissioner Manson asked what it would take to develop an ordinance amendment. The Secretary answered that staff could work up language for such an amendment and have it ready for Planning Commission consideration by August. The Planning Assistant stated that he understood Com- missioner Manson to mean that she would like a study of the matter to provide evidence in addition to proposed language. Commissioner Lucht stated that he would regret any ordinance amendment as a watering down of a good ordinance. Chairman Pierce stated that he would want to avoid two completely different signs. The Secretary underscored the fact that the Commission had only been considering an amendment for the R3 to R7 districts. Commissioner Malecki stated that she would like to see a study of,possible ordinance amendments, adding that she was not opposed to the substance of the proposal . Commissioner Theis, on the other hand, stated that in his opinion, the ordinance did not need revision and that the decision could be made on the basis of the existing standards for a variance from the sign ordinance. Chairman Pierce stated that he preferred to see a study of the matter. By concensus, therefore, it was decided that staff would make a study of possible ordinance revisions to the Sign Ordinance, Section 34-140 3C (3). RECESS The Planning Commission recessed at 9:34 p.m.- and resumed at 9:55 p.m. 7-12-79 -10- APPLICATION NO. 79043 (Howard Atkins) The Secretary introduced the next item of consideration, site and building plan approval to add onto and remodel an abandoned service station at 6550 West River Road. The premises would be converted for use as a plumbing contractors office. The Secretary stated that the building with the addition would be approximately 2600 sq. ft. with about 1400 sq. -ft. being devoted to office use and the re- mainder for warehouse and storage purposes. The property, he noted, is zoned C2. The Secretary pointed out that the site plan comprehends an area for outdoor storage to be enclosed by a 6 ft. high opaque fence as required by Section 35-412 of the City Ordinances. He noted that the plan proposes 9 parking stalls, which would be 4 short of the minimum required using the service/office parking formula. However, he said, the applicant has also provided a proof of-parking plan indicating additional parking stalls can be provided on the site. The Secretary indicated that the 9 stalls provided is based on the service/office formula for 1400 sq. ft. and the warehouse parking formula for the remainder. The Secretary noted that the applicant proposes to close two existing curb cuts on 66th Avenue North and one on West River Road resulting in an L-shaped sodded and sprinklered area at the corner. He indicated that the property would be served by a 30 ft. wide curb cut at the southwest corner of the property along West River Road. He pointed out a six foot wide riprap area which would be installed at the northeast corner of the property leading to 66th Avenue North to assist with site drainage. The Secretary reported to the Commission that the plan initially submitted by the applicant did not meet the present requirement of a 15 ft. greenstrip along West River Road. The applicant has modified his current plan, however, to provide the greenstrip area. He added that this has had an effect on the parking layout, but not on the number of stalls provided on the site.. The Secretary commented that the exterior of the building would be stucco, and a mansard roof treatment would be carried entirely around the building. The area behind the screen fence, he stated, is presently concrete block and would be painted to match the stucco treatment. The Secretary pointed out that the appli- cant proposes to add shrubbery such asdwarf junipers and pyrmadial arborvitae around the perimeter of the site to fill in with existing shrubs and plantings. An underground irrigation system in sodded areas is also provided, he said. Commissioner Lucht asked whether the City had any requirements to maintain the quality of the striping on the parking lot. The Secretary answered that the City did not have an industrial maintenance code. Chairman Pierce asked whether there would be any dumpsters. The Secretary answered that although the dumpsters are not shown; they would have to be screened and could perhaps be placed behind the opaque fence. He also pointed out that the plan indicates B6 curbing rather than B612 curbing in order to be consistent with the existing curb. Chairman Pierce asked whether the gas station fronted on West River Road or on the frontage road. The Secretary indicated the frontage road. Chairman Pierce asked when Highway 169 would be widened and whether there would be taking of land to the east of the existing right-of-way. The Secretary indicated that the City Council is looking more at taking land along the west side of the existing road. The Superintendent of Engineering added that there would not be much revision south of 66th -Avenue North. The Secretary commended Mr. Atkins ' patience and willingness to cooperate during plan review. He stated that he felt the development would help, the community. 7-12-79 -11— The Superintendent of Engineering stated that although the plan seems to indicate that most of the drainage is heading toward the northeast corner, he would like to see a plan with elevations in order to make a more thorough evaluation of the drainage pattern on the site. Chairman Pierce asked to what extent a service truck would be parked outside on the site. Mr. Atkins stated that it would not be present on the site during the day for the most part, and at night would be placed behind the opaque fence. He added that the operation does not contemplate any retail sales. He also stated that the operation would generate very little trash.' The Secretary asked Mr. Atkins whether the gas tanks had been taken out. Mr. Atkins replied that he was in the process of contracting to remove them. In response to a question from Chairman Pierce, the Secretary stated that signage .., is a part of site review, but pointed out that all signs would have to be off public right-of-way. Commissioner Theis asked whether there were any times when the truck would be left on the site. Mr. Atkins stated that it would occasionally be on the site, but would generally be stored behind the opaque fence. Com- missioner Theis asked whether the lone service bay indicated on the plan would be for deliveries. Mr. Atkins stated it would. The Secretary voiced his opinion that the proposed use represents a very appropriate conversion of the abandoned gas station and added that in the process of recycling the building less traffic would be brought into the neighborhood. Chairman Pierce asked whether the 15 ft. greenstrip is a requirement of the Zoning Ordinance. The Secretary replied that it is. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79043 (Howard Atkins) Motion by Commissioner Lucht seconded by Commissioner Manson to approve Appli- cation No. 79043, site and building plans for an addition and remodeling of an abandoned service station at 6550 West River Road, 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. Drainage, grading and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 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 provided in all sodded and planting areas to facilitate site maintenance. 6. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. A continuation of B6 curbing shall be permitted around existing driving areas. 7-12-79 -12- 8. Existing underground fuel tanks shall be removed from the site prior to the issuance of permits. 9. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting agai.nst: none. The motion passed. APPLICATION NO. 79044 (P. J. Gaughn) The Secretary introduced the next item of business, site and building plan approval to construct a 48 unit townhouse development on an approximate 6.5 acre site located westerly of France Avenue and 68th Avenues North. The Secretary pointed out that the property is zoned R3 which permits townhouses or garden apartments and single family attached condominiums at a density of no more than 8 dwelling units per acre. He explained that the property is bounded on the north by five R3 zoned properties facing 69th Avenue North and the City water tower; on the east by France Avenue North; on the west by C2 zoned property which faces Brooklyn Boulevard; and on the south by three single family residential parcels, two of which abut Grimes Avenue North and the other,France Avenue North. He stated that the 48 townhouse units would all be three bedroom units and would be clustered in groups of 6 units to a cluster. Two handicapped units are con- templated for the complex. All units with the exception of the handicapped units, he commented, would be two levels. Two different floor plans are proposed. The Secretary stated that the applicant comprehends meeting the ordinance re- quired parking of 96 spaces by providing 61 outside parking stalls and 35 garage stalls. A network of walkways accessible to the handicapped joins living units, garagts, and open space recreational areas within the development, he added. The Secretary pointed out that access to the site is primarily off France Avenue with one access point at the northeast corner of the site and the other at 68th Avenue. A third access point, he said, was located where Grimes Avenue dead ends. He stated that it was questionable as to whether this would have been a desirable location because it would encourage cut-through traffic through the development. He reported that the fire Chief reviewed the access point at Grimes Avenue and indicated that there is no safety need to require the Grimes Avenue access point. The Secretary stated that a four ft. high opaque screen fence is required where R3 abuts R1 and such a screening device is indicated along the south property line. In addition, he said, a six foot high opaque redwood fence is. being proposed along the west property line to screen the townhouse property from the car dealer- ship to the west. He pointed out berming proposed along France Avenue North. The Secretary stated that based on ordinance criteria, seven six inch diameter trees are required for this development. He noted that the applicant proposes three Norway maples and four Green Ash on the site to meet this requirement. Sparkler Crabs, Sugar Maple and Colorado green spruce are also proposed. He added that shrubs and plantings include Purple Lilac, Purple Leaf Sand Cherry, Siberian arborvitae and Maney Juniper. He noted that the applicant also pro- posed seed in certain areas of the site, primarily in the common or open space area. The common and recreational areas, he said, include playground equipment in three separate areas as well as a tennis court. 7-12-79 -13- Commissioner Theis asked whether the townhouses would be for sale or rent. The Secretary answered that the townhouses would be for rent, but are designed so that they could be replatted for sale. The applicant's representative, Mr. Hamel , stated that the units would be rented to start with. Commissioner Theis asked what rental bracket the townhouses would be in. Mr. Hamel responded that the complex would be partially subsidized, but that the nonsubsidized units would rent in the range of $350.00 to $380.00 a month. At this point, the Secretary commented that the rental units would be subject to the licensing requirements of the Housing Maintenance Ordinance. Chairman Pierce asked Mr. Hamel if he had considered buying the property to the north. Mr. Hamel replied that this option had not been considered because the properties are owned separately and it would be too difficult to negotiate with separate owners. Chairman Pierce also asked whether a site bond would be required. The Secretary answered that a site bond would be necessary and that the turf would have to become viable before the bond would be released. He noted a mistake on the plans pertaining to certain berms and advised that higher berming be provided to screen the complex from the surrounding single family neighborhood. Chairman Pierce asked whether staff recommended closing off the Grimes Avenue entrance. The Secretary responded that staff did so recommend. Commissioner Erickson asked whether the applicant had any objection to this decision. Mr. Hamel answered that to the contrary it would be to the advantage of the complex. The Superintendent of Engineering stated that the private street across from 68th Avenue North is at a slight angle to 68th Avenue North. He suggested that it either be aligned with 68th Avenue or moved to create a full jog so as to avoid traffic confusion. Mr. Hamel stated that he had no problem with this suggestion. Commissioner Theis asked why all of the units were three bedroom. Mr. Hamel responded that two bedroom units did not offer as much flexibility to potential renters, and that four bedroom units would encourage larger families which the complex is not intended to serve. In response to Chairman Pierce, Mr. Hamel stated that the provision for graages is rather generous, noting that most rental developments have 50% of the living units served with garages. The Secretary had asked that 70% of the units be served by garages and this he felt was more than adequate. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79044 (P J Gau hn) Motion by Commissioner Erickson seconded by Commissioner Theis to recommend approval of site and building plans for a 48 unit townhouse development located at France Avenue and 68th Avenue North, 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. 'Drainage, grading and utility plans are subject to review and approval of the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee On an amount to be determined by the City Manager) shall be submitted to assure the completion of approved site improvements. 4. All outside trash disposal facilities shall be appropriately tcreened from view. 7-12-79 -14- 5. B612 curb and gutter shall be provided around all driving and parking areas. 6. Berming along France Avenue North will be no less than 3 to 4 feet in height. 7. The entrance area at 68th Avenue North should be designed to provide a clear alignment with 68th Avenue North. The entrance at Grimes Avenue North will be closed as indicated on the plans submitted. _ Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79045 (Car X Muffler Service Systems, Inc.) The Secretary introduced the final item of business, a special use permit and site and building plan approval to construct and operate a muffler shop at 6810 Brooklyn Boulevard. The Secretary noted that motor vehicle repair is a special use in the C2 zoning district. The Secretary recalled that a special use permit and site and building plan approval was granted under Application No. 76067 in December, 1976 for a Car X Muffler Shop on this same site. Site and building plan approval for a Winchell 's Donut Shop on the southerly portion of this site, he said, was granted under Application No. 77020 in June, 1977. He explained that the concept behind . these approvals was to create a sort of "mini-commercial center: with Car X being the owner of the site, leasing a building to Winchell 's for their use. The concept never materialized and Car X is proposing to go forward with their plans. He noted that the special use permit expired one year after approval because construction never got under way and no extension was ever requested. Regarding the proposed plan, the Secretary indicated that Car X proposes to construct an approximate 3200 square foot, four-stall , muffler service shop. The plans, he said, do not differ much from those approved in 1976. They indicate parking for 15 vehicles with one being for the handicapped. Based on the automobile service station parking formula of three stalls for each enclosed service bay and one space for each employee. He added that they have also provided a proof of parking showing that 30 spaces can be located on the site. Based on the retail store parking formula, he said, 29 spaces would be required for an approximate 2000 sq. ft. building. The Secretary stated that the applicant is requesting to defer certain landscape improvements and the underground irrigation systems on a portion of the site in the hope that they may be able to lease or develop the southerly portion of the site at a future date. The Secretary advised that any deferral of improve- ments for the southerly area be for a specific time period with the applicant well aware that the performance bond will not be released until such time as area is dealt with. , The Secretary indicated that the exterior treatment proposed is a face brick with the treatment being uniformly applied around the building. Chairman Pierce recognized Bernard Rowe of Car X to speak on behalf of the project. Mr. Rowe explained that the project went undeveloped because of internal management struggles. Now that those conflicts have been resolved, the company has decided to go ahead with the project. He stated that Car X has no plans at present for the south one-third of the property. He indicated the the company has experienced high holding costs in retaining the property and wishes at this time to get a muffler shop built and into operation. In response to Commissioner Theis, Mr. Rowe pointed out that there is an 7-12-79 -15- Y. automobile parts store northwest of the Car X property, and that this would be a locational asset. Commissioner Erickson asked if the store was owned by the corporation. Mr. Rowe stated that it would be built by Car X and sold later to a franchise. Commis- sioner Erickson asked if Car X was a national corporation. Mr. Rowe explained that Car X is a regional firm at this time with a working relationship with two national firms, Tenneco and Walker Corporation. Chairman' Pierce asked at what point the franchise would likely be sold. Mr. Rowe answered that it had not been as yet, but might be sold by the time the shop opens in winter or early spring. Commissioner Theis asked whether any landscaping was planned along Brooklyn Boulevard. The Secretary replied that there would be. Mr. Rowe indicated that the location is excellent for the muffler repair business since it is close to three car dealerships and an auto store. He mentioned that it is possible that Car X will expand to .the south and east portion of the site. Chairman Pierce asked whether the commercial retail parking formula would be appropriate to calculate parking needs. Mr. Rowe answered that the Car X operation would not need the 15 parking stalls presently provided. Commissioner Pierce inquired how many employees would be on the site at one time. Mr. Rowe answered that there would be 4 mechanics and one manager. He pointed out that 4 additionai cars would be in the service bays at most times and that people generally drop cars off for no more than a single day. Commissioner Erickson noted that the services include shock repair and brake repair and asked whether there would be any glass work. Mr. Rowe answered that there would be none. Chairman Pierce asked what would happen to the nondeveloped area to the south- east during the 12 to 24 month period in which the business was establishing itself. Mr. Rowe explained that the area in question was not big enough to sell , but could be perhaps be leased. He added that he was in the process of negotiating with Northstar Dodge for use of the parcel . Chairman Pierce asked the Commission's feelings on the deferred improvements. Commissioner Erickson inquired whether similar deferments had been made in the past. The Secretary indicated that in some cases improvements had been deferred. He mentioned Budgetel Inn. He also stated that he considered two years a reasonable time in which to make a decision on the development of the remainder of the parcel . Chairman Pierce stated his feeling the performance bond should be large enough to cover landscaping of the southeast portion of the site in case no develop- ment plan was forthcoming. CLOSE PUBLIC HEARING Motion. by Commissioner Erickson seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79045 Car X Service S stems,Inc. Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 79045, site and building plan and special use permit approval to construct and operate a muffler shop at 6810 Brooklyn Boulevard, 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. 7-12-79 -16- 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire sprinkler extinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal equipment and rooftop mechanical equipment shall be appropriately screened from view. 6. B612 curb and gutter shall be provided around -all driving and parking areas. 7. The Special Use Permit is issued to the applicant as operator of the facility and is nontransferable. 8. The permit shall be subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 9. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. Installation of the irrigation system and landscaping on the southerly portion of the site proposed for future development may be deferred for up to two years. Additional landscaping will be provided subject to Planning Commission review. The performance bond will not be released in its entirety until the total irrigation system and landscaping is installed. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Manson, Lucht and Erickson. Voting against: none. The motion passed. Mr. Rowe noted that the deferment of landscaping was for two years from the date of approval and not from the date of opening. He requested that the Commission allow a two year deferment from the date of opening. Commissioner Theis stated that he would prefer to review the matter in two years and discuss future plans at that time. DISCUSSION ITEMS The Planning Commission then held a lengthy and informal discussion of the proposed Charlson Plat. The Secretary stated that the idea of condemning roadway is contrary to City policy and would not be undertaken without good reason. He explained that Mr. Brauer's concerns for his client, Mr. Charlson, relate to the fact that Mr. Charlson's property would bear the entire financial burden of providing access to other properties. He reported to the Commission that Mr. Brauer had proposed two alternatives for getting around the problem. The first alternative would be to construct a private street up to the requirements of public streets and charge other properties for access rights once the median cut on Shingle Creek Parkway were moved southward to serve the private street. Then the street would be converted to a public street by dedication. A second alternative would be to install the proposed cul-de-sac as a private street and negotiate an access easement with both Northwestern Bell and Brookdale Ford off the cul-de-sac once it become known that City policy would eliminate all curb cuts along Shingle Creek Parkway between County Road 10 and John 7-12-79 -17- Martin Drive except the median cut at this private street. Again, he said, the private street would be dedicated for public right-of-way once the access rights were obtained. The Commission discussed the ideas presented and their implications for the surrounding properties. The Commission acknowledged that the procedure did seem effective in bringing other parties into a more realistic bargaining stance. However, the Commission reached a consensus that it would deny any proposed plat that did not represent a specific development proposal and also concurred that a plan with the street indicated along the north property line would be the best solution. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Erickson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Com- missioners Malecki, Theis, Manson, Lucht and Erickson. Voting against: none. The Planning Commission adjourned at 11 :53 p.m. Cha rma 7-12-79. -18-