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HomeMy WebLinkAbout1977 09-29 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 STUDY SESSION SEPTEMBER 29, 1977 Call to Order: The Planning Commission met in study session and was called to order at 0:10 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, Commissioners Jacobson, Engdahl , Pierce * Horan and Book. Also present were Acting City Manager and Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere, Assistant City Engineer Dennis Brown and Planning Assistant Laurie Thompson. Approve Minutes: Motion by Commissioner Jacobson seconded by.Commissioner September 14, 1977 Pierce to approve the minutes of the September 14, 1977 meeting as submitted. Voting in favor were: Chairman Scott, Commissioners Engdahl , Jacobson, Pierce and Book. Not voting: Commissioner Horan who stated he was not present at that meeting. The motion passed. Application No. 77049 Following the Chairman's explanation the first item of (Olympic Investments, Inc.) business was consideration of Application No. 77049 submitted by Olympic Investment Company. The item was introduced by the Secretary who stated the applicant seeks site and building plan approval for a 43,852 sq. ft. commercial speculative building on the site addres- sed as 4455 - 68th Avenue North which is located on the south side of 68th Avenue North at Lee Avenue North. He presented a transparency and slides of the area. The Secretary stated that the applicant proposed a multiple tenancy consisting of commercial uses and that the applicant had been specifically .informed that the zoning is C-2 which does not include any industrial uses such as manufacturing or warehousing. The Secretary reviewed the plans and stated the appli- cant was proposing a deferral of some of the required parking spaces because he felt that the ordinance-re- quired parking exceeded the actual needs for the pro- posed retail uses. He stated the ordinance required a minimum of 289 spaces and the applicant proposed to initially install 193 spaces. He reviewed a proof of parking plan which had been prepared by the applicant showing that the site contained enough land area to provide the required number of spaces and he recom- mended that prior to City Council action on the plans, the proof of parking layout should be modified to be more consistent with the proposed site plan. He stated there were some discrepancies between the traffic-flow design of the proof of parking plan and the plan which was proposed for actual development. Commissioner Pierce noted that the plan should also be corrected because the proof of parking plans showed an excess number of spaces could be provided on the site, and therefore indicated a larger building could be accom- modated. He stated this was entirely inaccurate since a larger building would occupy some of the land area shown to be used for parking, and that the actual additional building size would be less than that indicated. The Secretary recommended that no addit- ional building be comprehended by the plans at this time, and that it was only necessary to show that the full complement of parking could•be provided if deemed necessary by the City. -1- 9-29-77 Further discussion ensued relative to the site layout and the drainage of the property. The Director of F Public Works stated that the applicant's grading plan had been reviewed, and that the 'drainage onto the freeway right-of-way could be permitted subject to approval by the State Highway Department. He stated that no storm sewer was available in that area. Regarding the building plans, Commi.ssiones Pierce stated that the proposed textured plywood parapet treatment was only shown on three sides of the building and he suggested that it should perhaps be continued all the way around the building for aesthetic reasons The Secretary' stated that the Building Official agreed and had so noted during his review of the plans. He stated that this was of ultimate benefit to the appli- cant since signery could only be permitted on the upper portion of the building if the parapet treatment was continuous around the entire perimeter of the building and therefore could be deemed an extension of the wall rather than a projection from the roof. Commissioner Horan inquired as to soil conditions on the property and the Director of Public Works responded that there were some known bad soil conditions, and that soil borings would be required prior to the issuance of building permits Chairman Scott then recognized Mr. Jerry Harrington who represented the applicant, and a brief discussion ensued as to the recommended amendments to the building plans, and an extensive discussion ensued relative to the land- scaping treatment. Chairman Scott recommended that the separate landscaping plan be superimposed onto the site plan for clarity. Commissioner Horan stated that perhaps additional trees should be required along the south green area adjacent to the freeway, noting that only four Russian Olive trees were proposed in approximate 300 ft. distance. Following a brief discussion, 'it was the con- sensus of the Commission that the plans should be amended to include a berming treatment of the south greenstrip in addition to the proposed Russian Olive trees. During further discussion regarding the landscaping, it was the consensus of the Commission that the plans should be amended to include berming of the front green area easterly of the east curb cut. The Secretary stated that the plans did not indicate the installation of the ordinance-required underground lawn sprinkler system and recommended that this item be amended on the plans prior to Council review. A brief discussion ensued regarding the screening of the neighboring commercial properties, and 'the Secretary stated that a discussion had been held with an official of NSP . relative to the completion of the opaque screening which had been started by NSP along their east property line. Mr. Harrington stated concern regarding the screening of the Iten Chevrolet new car storage lot and it was suggested that perhaps the car dealership could be con- tacted relative to a common landscape treatment as the subject property was developed. Chairman Scott then summarized the points which had been discussed as representing amendments to the plans prior to City Council disposition: 1 . Provision of berming treatment on the north and south ends of the site. 2. Provision for the required underground irrigation lawn sprinkler system. �' ` 9-29-77 -2- 3. Revision of the proof of parking layout . I to coincide with the basic site plan, 4. Continuation of the plywood textured parapet treatment around the building. 5. Designation of the indicated trash enclosure as a typical treatment of what might include more than one such trash disposal faci►ity. Recommend Approval of Notion by Commissioner Jacobson seconded by Commis- Application No. 77049 sioner Horan to recommend approval of Application No. (Olympic Investments, Inc.) 77049 submitted by Olympic Investments, Inc. subject to the following conditions: 1 . Building plans are subject to 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 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. All outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Installation of certain parking stalls as indicated on the approved site and building plans may be deferred until deemed necessary by the City Council . (providing such deferred areas are developed, landscaped, and maintained in accordance with approved site plans, and ordinance requirements. 6. All landscaped areas shall be provided with the required underground irrigation lawn sprinkler system. 7. The site and building plans shall be ap- propriately revised prior to City Council review. The motion passed unanimously. Application No. 77050 The next item" of business was consideration of Appli- (Denny's, Inc.) cation No. 77050 submitted by Denny's Restaurants, Inc. The item was introduced by the Secretary who stated that the appl;cant seeks approval of site and building plans for a 138 seat family-type restaurant on the C-2 zoned site which is bounded by Lakebreeze Avenue on the north and T. H. 100 on the south and east. The Secretary reviewed transparencies and slides showing the area, and he commented that 75 parking stalls were being provided which satisfied the minium ordinance requirements. He then reviewed the site and building plans and a brief discussion ensued relative to the landscaping and maintenance of- the Highway Department right-of-way. The Secretary stated that the drainage plan had been reviewed by the Engineering Department and that permits would be required from the State relative to the pro-' posed drainage under the highway right-of-way. -3- 9-29-77 Chairman Scott then recognized Mr. Orrin Naefach and. Mr. Larry Young who represented the applicant,. Mr. Naefach discussed the nature of the restaurant, ex-, plaining there would be a single entrance and in response to a question by Commissioner Horan, stated that Denny's does not cater to the over-the-road truck trade, but rather is family-oriented. Chairman Scott stated that the proposed use of crushed rocK or gravel in the perimeter green areas was not consistent with the- ordinance or City policy. She stated that whereas rock had been approved in parking lot island del inea tors and around buildings,'it had generally not been approved for use in required perimeter greenstrips such as that proposed. It was the consensus of the Commission that a perimeter greenstrip should be sodded throughout, and that the plantings indicated on .thee landscape plan could be provided in clusters. During further discussion, Mr. Naefach explained that two additional restaurants were tieing constructed in Roseville and in Blaine, and he stated every effort was being made to build energy efficient and low profile type restaurants. , He stated that it would be a 24 hour operation. Following further discussion there was a motion by Recommend Approval of Commissioner Jacobson seconded by Commissioner Pierce Application No. 77050 to recommend approval of Application No. 77050 submitted (Denny's, Inc.) by Denny's, Inc. subject to the following conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable=codes prior to the issuance of permits. 2. Drainage, grading, utility and berming plans are subject to 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. All outside trash disposal facilities, incidental storage, and any rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to the requirements of Chapter- 34 of the City Ordinances. 6. All perimeter landscaped areas shall be sodded in addition to the indicated plantings in lieu of the use of crushed rock and gravel. The motion passed unanimously. The meeting recessed at 9:40 p.m and 'resumed at 9:55 Recess p.m ThP next item of business was consideration of Appii- Application No. 77051 nation No. 77051 submitted by Standard Oil Company. (Standard Oil Company) The item was introduced by the Secretary who stated the applicant has submitted plans for a 12 x 25 ft. addition to the rear of the existing service station, 6600 West River Road, He stated the purpose of the addition is storage and the applicant is also proposing an upgrading of the building exterior as well as certain site improvements. He presented a transparency and slides of the property, and an extensive discussion ensued. 9-29-77 -4 The Secretary stated that key items in the plan review which had been discussed with the applicant, but which had not been reflected on the submitted plans at this time, included: a. Installation of a 6 ft. redwood fence along the north property line which was to have been installed during initial construction in 1966. b. Replacement of deteriorated bituminous curbing and concrete curb stops with cast- in-place concrete curb around the perimeter of all driving and parking areas C. Repair of deteriorated entrance, paving, and the installation of a concrete apron on the 66th Avenue entrance. d. Modification and upgrading of the existing storm drainage system at the southeast corner of the parking lot. e. Permanent and closing and landscaping of the south curb cut on West River Road. Chairman Scott then recognized Mr. H. L. McGregor who represented the applicant, and he stated that the ap- plicant understood the improvements, but found it necessary to review them further with respect to costs and timing of construction. He requested that the item be deferred to allow for further review. Further discussion ensued relative to the proposed signalization along West River Road including the inter- section of 66th Avenue North and the timing. of ad- ditional improvements adjacent to the station property. The Director of Public Works noted that the Highway Department had indicated the south curb cut should be closed, and he discussed the various engineering and traffic safety reasons for that recommendation. During further discussion, Commissioners Pierce and Horan suggested that additional plantings could be provided in the proposed green areas, particularly along 66th Avenue North. Public Hearing Chairman Scott announced that a public hearing had been scheduled, and that none of the notified property owners was present. Mr. McGregor stated that a Mr. Olson, who was the property owner to the north of the station had been present and had stated his concern to the applicant that the required screened fencing be installed. Mr. McGregor stated that Mr. Olson had been informed the screen fencing would be installed notwith- standing the status of.the proposed addition or other improvements. Chose Public Hearing Motion by Comiiissioner Horan seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. Table Application No. 77051 Following further discussion, there was a motion by (Standard Oil Company) Commissioner Horan seconded by Commissioner Pierce to table Application Noy. 77051 at the applicant's request to permit the applicant additional time to review the recommended revisions and to resubmit amended site plans. The motion passed unanimously. Application No. 77052 and The next item of business were consideration of Appli- Application No. 77053 cation No. 77052 and Application No. 77053 submitted by (JKH Construction Company) JKH Construction Company. The Secretary stated the requests were for a variance from the ordinance buffer greenstrip standards and for site and building ,plan approval for a 22,769 sq. ft. industrial and office building at 1601 - 67th Avenue North. -5 9-29-77 He explained the site was that comprehended under Application No. 77045 and Application No. 77046 which had been acted upon at the last meeting. The Secretary presented a transparency and slides of the area and explained that Application No. 77052 was for a variance from Section 35-413 to permit a reduced buffer greenstrip between a proposed industrial building and adjacent property which is zoned R-1 . He stated. the ordinance requires a 100 ft. buffer zone in such circumstances and that such buffer zone be maintained as a greenstrip and contain an 8 ft. high wall or fence. He stated the applicant proposes a 50 ft. buffer strip containing an 8 ft. fence on the parcel which is adjacent to the Berean Evangelical Free Church property whose parking lot is between the subject industrial site and the church itself. He also stated the request was similar to a variance which was granted under Application Rio. 74044 relative to Speculative Building Nu. 7 which was developed on the parcel immediately to the north of the subject property. The Secretary reviewed Application No. 77053 consisting of site and building plans and he 'referred to a letter si±bmitted by the applicant's architect relative to the proposed occupancy. He stated that in addition to the large tenant area, the plans called for several office cubicles, and he stated that prior to the use of those areas far `office purposes unrelated to the three in- dustrial tenants, it would be necessary for the owner to secure a special use permit since office uses were special uses in the I-i district. An extensive discussion ensued relative -to the proposed variance and the basis for the ordinance requirement which was to protect single family residential uses from adjacent industrial uses. The Secretary stated it was significant that the adjacent R-1 use was in- stitutional in character and was separated from the subject property by a parking lot. -A brief discussion ensued as to the location of the Speculative Building No. 7 building on the north and the Artic Metals building on the south During further review of the plans there was discussion relative to providing an 8 ft. screened fencing along the east end of the parking area north of the building, rather than along the entire east property line. The basis for- the discussion was that the proposed fencing along the property line did not connect with any fencing on adjacent sites and was -of questionable value in terms of protecting the adjacent property from the industrial building. Chairman Scott recognized Mr. John Sheehan who represented the applicant and who stated church officials had indicated no particular preference for the extensive screen wall The Secretary stated that since the ordinance required. an 8 ft. fence or wall , it would be necessary to include any amendment to the plan in the variance action. - Commissioner Book stated that if the variance were granted to allow for fencing only of the parking lot, the applicant would not be precluded in the future from installing a fence across the property should the church elect to construct a parking iot even closer to the property line. The Secretary verified that the church could elect to expand the ,parking within 5 ft. of the property line. Commissioner Horan inquired whether the applicant could, in the future, expand the building into the proposed 50 ft. buffer zone and the Secretary responded in the negative. He stated the 50 ft. buffer zone was not to be used for -parking, storage, or construction. 9-29-77 -6- Public Hearing Chairman Scott announced that a public hearing had been scheduled and that none of the notified property owners was present. Close Public Hearing Motion by Commissioner Jacobson seconded by Commis- sioner Pierce to close the public hearing. The motion passed unanimously.:. Further discussion ensued relative to the compliance of the application for variance with the ordinance vari- ance standards and particularly with respect to the uniqueness of the situation and the hardship created by the ordinance. Member Pierce introduced the following resolution and moved its adoption: Planning Commission RESOLUTION RECOMMENDING APPROVAL OF APPLICATION NO. Resolution No. 77-6 77052 SUBMITTED BY JKH CONSTRUCTION COMPANY. The motion for the adoption of the foregoing resolution was duly seconded by member Jacobson, and upon vote being taken thereon, the following voted in favor thereof: Scott, Engdahl , Pierce Horan, Jacobson and Book. The following against: none. . Further discussion ensued as to the site and building- plans and Commissioner Engdahl inquired as to outside trash disposal facilities. The Secretary stated the applicant had indicated there would be no outside trash disposal facilities, but he recommended the standard language be included in the recomendation. Recommend Approval of Motion by Commissioner Horan seconded by Commissioner Application No. 77053 Pierce to recommend approval of Application No. 77053 (JKH Construction) submitted by JKH Construction Company subject to the following conditions: 1 . Building plans are subject to approval by the Building .Official with respect to applicable codes prior to the issuance of permits. 2. Drainage, grading, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and a supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside trash disposal facilities and any rooftop mechanical equipment shall be appropriately screened from view. 5. Issuance of permits far the proposed structure is subject to approval and adopt ion of the rezoning comprehended under Application*No. 77045; occupancy of the proposed structure is subject to the land subdivision comprehended under Application No. 77046. - 6. Plan approval does not comprehend granting of the special use permit required in the I-1 district for office uses unrelated to the permitted I-1 activities including light manufacturing and wholesale distribution. Regarding the last item the Secretary explained to the applicant that it would necessary to apply for and receive a special use permit before the indicated office spaces could be leased to parties other than the permitted I-1 occupants. -1- 9-29-77 The next item of businessfwas consideration of Application Application No. 77054 No. 77054 submitted by Buetow and Associates for Advanced (Advanced Abrasives,; Inc.) Abrasives, Inc. The item was introduced by the Secretary, who stated the applicant seeks site and building plan , approval for an approximate 9,600 sq. ft. office and in- dustrial manufacturing building to be located at 3400 48th- ;venue North. The Secretary reviewed a transparency and slides of the area, pointing out that the proposed site is adjacent to and south of the existing Advanced Abrasives' site. He explained that the City Ordinance requires the combination- of properties -in a common development under common owner- ship. He further explained that the applicant contends that the proposed machine shop and office building is a separate facility, and is not in common development with the existing use to the north. He stated that this should be formally clarified. The Secretary also pointed out that the 'proposed site contains two parcels, one being a platted tract which was part of a former cul-de-sac at the end of 48th Avenue, which has been vacated. He stated that combination of these two parcels would be required. The City Engineer Pxplained' the reasons for combining such adjacent parcels. The Secretary reviewed the site and building plans and a discussion ensued relative' to the building and parking plans The Secretary recommended that additional berming " be provided to screen the parking area from 48th Avenue. He also pointed out that a drainage easement was shown on the plan, and that the easement dimensions would be subject to review by the City Engineer, and could be conveyed when the property is replatted. Chairman Scott, recognized Mr. ©unwell; who represented the applicant and who showed a conceptual rendering of the building; 'and she recognized Mr. Ansari, an owner of Advanced Abrasives, Inc. Chairman Scott asked Mr. Ansari to explain the nature of the existing use of the Advanced Abrasives site and the use proposed for the new site. Mr. Ansari responded that the two properties'would not be in common ownership. He explained that each property would be owned by an independent corporation, and that the companies and functions would be separate. He explained that Advanced Abrasives Manufacturing would continue its present operation,'and that a different corporation, Nordan Industries, would occupy the new building where physical rehabilitation equipment would be manufactured. Chairman Scott stated that since the properties would be owned by independent corporations, and were unrelated with respect to manufacturing activities, the ordinance requirement for combination of the adjacent land parcels would not apply.. A brief discussion ensued following comments by Mr. Ansari relative to .the parking problems experienced in the in- dustrial area where the new building would be located. Chairman Scott stated that she hoped the construction of the new building would be an impetus for improving the entire industrial area. Following further discussion there was a motion by Comis- Recommend Approval of sioner Book, seconded by Commissioner Jacobson to recom- Application No. 77064 mend approval of Application No. 77054, submitted by (Advanced Abrasives, Inc.) Buetow and Associates for Advanced Abrasives, Inc., subject to the following conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable codes prior to issuance of permits. 9-29-77 -8- 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer. 3. A Performance Agreement and supporting financial guarantee (in an amount to be d ermined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside V-ash disposal facilities and r oftop mechanical equipment shall be -a propriately screened from view. 5. P for to occupancy, the site shall be combined through platting or registered land survey into a single parcel . The motior passed unanimously. Other Business: In other business the Secretary reviewed site and building plans submitted by the Gittleman Corporation to the Ci y of Crystal for a condominium development adjacent to the Twin Lake North Apartment complex at County Rod 10 and the City limits. He stated that Gittelman Corporation is proposing a common access to County Rod 10 from the Twin Lake North Apartments and the proposed condomimium development. He further ex- plained tat the proposed development was subject to conditional use permit approval in the City of Crystal , and that 1he City of Brooklyn Center had received notice of public hearing. An extensive discussion ensued regarding the natural drainage through the area, and the impact of the pro- posed development upon the waterway and the adjacent Environmental Preserve. The Secretary stated that an Environme tal Assessment apparently had not been re- quired by the City of Crystal , The Director of Public Works commented that the area was in the Shingle Creek Watershed and that some of the proposed elevations were below the flood elevations established for this area. The Secre ary stated an Environmental Assessment would be requir if-the d if the project were in Brooklyn Center, to assure th t the developer and the City, were fully apprised several concerns regarding the natural features, the flood potential , and the protective measures which could be taken. The Secre ary stated the developer had been informed that the Proposed common access would require site plan approval by Brooklyn Center as an amendment to the Twin Lake North development; and that the City Council must approve the joint utility provisions. Motion by Commissioner Horan, seconded by Commissioner Book to direct the Secretary to send a response to the City of Crystal-'s Conditional Use hearing notice, regarding the development proposed by Gittleman Corporation; and to convey the Commission's recom- mendation that an Environmental Assessment should be prepared o proper evaluation can be made of such factors as the impact of the proposal upon the natural drainage and the Fnvironmental Preserve, and the flood elevation design. Adjournment Motion by Commissioner Engdahl , seconded by Commissioner Jacobson o adjourn the meeting. The motion passed unanimous y. The Planning Commission adjourned at 12:15 a.m. Chairman -9- 9-29-77 i