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HomeMy WebLinkAbout1977 12-15 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 December 15, 1977 Call to Order: The Planning Commission met in study session and was called to order at 8:05 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, Commissioners Jacobson, Pierce and Horan. Also present were Director of Planning and Inspection Blair Tremere, Director of- Public Works James Merila and Planning Aide Laurie Thompson. Approve Minutes Approval of the minutes was deferred until later in 12-8-77 the meeting. Application No. 77068 Following the Chairman's explanation, the first item of (William Pierce) consideration was Application No. 77068 submitted by William Pierce. The Secretary introduced the appli- cation as an amendment to an existing special use permit for a drive-in restaurant in the C-2 zone, the A and W Drive-in, 6837 Brooklyn Boulevard. He stated the proposal is to add a dining room of approximately 100 seats and to make related site improvements, in- eluding curb and gutter, landscaping, additional park- ing, and site lighting. The Secretary showed slides of the site and surrounding area. He said that there is an existing concrete median in front of the property on Brooklyn Boulevard making the north driveway effectively right-in and. right-out only. He reviewed the electronic security fence and protective posts which are on the adjacent Brookdale Pontiac property along the common boundary. He added that there is a private easement agreement in effect between A and W and Brookdale Pontiac relative - to use of the south curb cut. He stated that while a concrete island was proposed for that part of the common boundary, there was an area where curb would not be advisable due to the width requirements for a driving aisle. He also reviewed slides of the exist- ing green areas which would be upgraded by the proposed landscaping. He stated that for the proposed seating there was a shortage of one parking space on the site, but that this could be provided by eliminating one of the electronic call-in stations. The Secretary explained the site had adequate parking spaces, but the ordinance does not permit drive-in stalls to be credited to the requirements of the inside seating. He said the applicant can either adjust the number of seats or the number of drive-in stalls to satisfy the ordinance standard. Commissioner Engdahl Arrives: Commissioner Engdahl arrived at 8:20 p.m. The Commission reviewed the site and building plans and a discussion ensued. Commissioner Horan pointed out that underground sprinklers should be indicated on the plans instead of bibs. The applicant responded that sprinklers were planned. Commissioner Pierce asked whether the parking spaces met the ordinance dimension standards. The Secretary responded that they had been reviewed by the City Engineer and they did meet ordi- nance standards. He added that a five foot rear green- strip is usually required by City policy, but that in this case, in order to provide for a full 24 ft. traffic aisle, only a four foot greenstrip was possible. -1-. 12-15-77 In response to a question from Commissioner Pierce, the City Engineer stated that not enough additonal pavement was proposed to affect the drainage of the p site, and that a continuation of the existing drainage system was the only possibility since no storm sewer was available to the site. Commissioner Pierce also pointed out that the location of the existing speed- reducing bumps may have to be adjusted with the addition of the proposed parking. The Secretary showed photographs of a conceptual model of the building which had been provided by the appli- cant. In response to questions from Commissioner Pierce and Chairman Scott, the Secretary replied that the building was to be fire-sprinklered and that this was indicated on the plans. Chairman Scott recognized the applicant, Mr. William Pierce, who, in response to a question from Commissioner Pierce regarding the roof treatment, described the exterior of the proposed building addition. Further discussion ensued relative to the site improve- ments . The Secretary stated that the proposed concrete island along the southerly boundary should be curbed on the rear side and that the plans should be changed to reflect this. Commissioner Pierce questioned whether the ladder shown on the plans in the rear of the building for access to the roof met building code standards. The Secretary responded that this would come under review by the Building Official .and was subject to his approval . The Commission discussed landscaping possiblities with the applicant, including the possiblity of transplanting existing evergreens, now located where the proposed addition would be, to other parts of the site. Chairman Scott questioned the City Engineer whether there was any possibility of providing a small berm in the front of the property. The City Engineer responded in the affirmative. Chairman Scott stated that this should be reflected on the plans Chairman Scott announced a public hearing had been Public Hearing scheduled. None of the neighboring property owners was present. There was a motion by Commissioner Jacobson seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. There was a motion by Commissioner Horan seconded by Recommend Approval of Commissioner Jacobson to recommend approval of Appli- Application No. 77068 cation No. 77068 submitted by William Pierce subject to (William Pierce) - 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, curbing and utility 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. The special use permit is subject to all applicable codes, regulations and ordinances, including special licensing requirements, and violation thereof may be grounds for revocation. 12-15-77 -2- 5. All outside mechanical equipment and trash disposal facilities shall be appropriately screened. 6. The building shall be equipped with auto- matic fire extinguishing system as specified on the approved plans. 7. An underground sprinkling system shall be installed in all landscaped areas as specified in the Zoning Ordinance. 8. The plans shall be revised to show B-612 curbing completely around the concrete island on the south boundary. 9. The plans shall be revised to show a berming treatment on the greenstrip on the front of the property on Brooklyn Boulevard. The motion passed unanimously. Application No. 77069 The next item of consideration was Application No. (Brookdale Chrysler-Plymouth) 77069 submitted by Brookdale Chrysler-Plymouth. The Secretary introduced the application stating the appli- cant sought a special use permit for the retail sale of motor vehicles at 6121 Brooklyn Boulevard. He stated that special use permits for automobile dealerships are issued to the applicant as operator and are nontransfer- able, in order to assure that new ownerships are aware of conditions of approval and restrictions which the ordinance or the special use permit may require. He continued that on February 7, 1977, the City Council had approved a special use permit for this property under Application No. 77004 and that within the last month the property had again changed hands. The Secretary reviewed a transparency of the area and pointed out the approximate location of the screen wall along the R-1 property bordering the site. Commissioner Horan questioned why the fence was not placed on the property line. The Secretary responded that it was so positioned in order to provide rights of access for maintenance of the wall . He explained that there was an agreement between the City and Chrysler Realty governing the screen wall in which the Chrysler Realty agreed to maintain the 35 ft. greenstrip area between the wall and the property line in "park-like manner. " He stated that two of the notified neighboring property owners who were unable to attend the meeting, Mr. Tacheny, 3606 - 61st Avenue North and Robert Jergensen, 6124 France Avenue North, had indicated that they were concerned with lack of maintenance of the greenstrip area and obscenities painted on the screen wall . Chairman Scott stated that the last applicant had been informed of the problems with maintenance of the green- strip area. Commissioner Horan questioned whether the City had any power to enforce maintenance of the area under a Performance Agreement. The Secretary responded that the City has no nonresidential maintenanace code and that there was no longer a Performance Agreement in effect on the property. He commented that the Agreement with Chrysler Realty, which should become part of the Special Use Permit, required the maintenance, which can be monitored and enforced in this case as a Special Use condition. -3= 12-15-77 r ' Chairman Scott reported that she had received complaints from residents in the area of the volume of the public address system on the site and asked the Secretary if there was any way this volume could be regulated The j Secretary responded that when the City received com-. plaints about the volume of the public address system, the usual policy was to call the dealer to turn the volume down. He stated it was doubtful whether it con- stituted "noise" as defined under the City Ordinance. Chairman Scott recognized Mr. Bartram who represented the applicant, and a discussion ensued relative to the public address system and the location of the speakers. Mr. Bartram stated that it was the applicant's intention to upgrade the facilities substantially, to fulfill all maintenance obligations, and to cooperate with the neighbors to limit the volume and the hours of use of the public address system. He stated that the management would attempt to establish appropriate volumes and to institute controls so those levels would not be exceeded. The Secretary suggested that perhaps locating the speakers towards the building, rather than away from it would solve the problem. In response to a question from Commissioner Pierce, Mr. Bartram stated the hours of sales operations were until 9:00 p.m. , Monday through Thursday and until 6:00 p.m. on Friday and Saturday. He added that the service facility was open until midnight, but that the public address was not used after 9:00 p.m. He asked the neighbors to call whenever they heard the loud speakers at inappropriate times. Chairman Scott announced that a public hearing had been scheduled and recognized Mr. Richard Graw of 3806 - 62nd Avenue North. He stated that the Commission had covered his major concerns which were with maintenance of the greenstrip area and the public address system noise. He commented that since the garage service door on the west side had been kept closed, he no longer detected noise from the body shop. Chairman Scott recognized Mr. Jim Stumpfa of 3801 - 61st Avenue North. Mr. Stumpfa stated that he was also con- cerned with maintenance of the buffer strip. He stated that frequently there was a large amount of debris in this area and that it had not been maintained for a long time.. He added he felt the debris was partially the fault of users of nearby Wangstad Park which frequently attracts people after 10:00 p.m. The Secretary stated that this could be brought to the attention of the Police. No one else spoke relating to the application. There was a motion by Commissioner Horan seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. There was a motion by Commissioner Jacobson seconded by Recommend Approval of Commissioner Pierce to recommend approval of Application Application No. 77069 No. 77069 submitted by Brookdale Chrysler-Plymouth (Brookdale Chrysler subject to the following conditions: Plymouth) 1 . Special Use Permit is issued to the appli- cant as operator and is nontransferable. 2. The operational agreement between Chrysler Realty and the City (as comprehended under Application No. 68035) shall become a permanent attachment to the Special Use Permit. 3. The applicant shall take appropriate measures to ensure that there will be no body shop or other noise eminating from the building after 9:00 p.m: `12-15-77 -�4- 4. The green areas on the site shall be cleaned up and appropriately maintained. The motion passed uananimously. Application No. 77064 The next item of consideration was Application No. (Gene Hamilton) 77064 submitted by Gene Hamilton to the Board of Adjustments and Appeals. The Secretary stated the ap- plicant had been notified that consideration of this application was deferred to the next Planning Commission meeting. He stated the reason was that the definitions and amendatory language requested by the Commission was not yet ready, because in reviewing the ordinance, it had become apparent that further definitions were necessary. He stated that a definitive memorandum would be developed and presented for the Commission's review. Recess The meeting recessed at 9:30 p.m. and resumed at 9:45 p.m. ation No. 77067 The next item of business was consideration of Appli- Applicpplicwestern Bell cation No. 77067 submitted by Northwestern Bell Telephone Company) Telephone Company. The item was introduced by the Secretary who stated the item proposed a gasoline dispensing facility at 6540 Shingle Creek Parkway and was initially considered at the November 17, 1977 meet- ing and continued to the December 8 meeting. He stated that because the applicant had not been able to attend that meeting, it was continued to this evening. He stated that the item had been originally tabled to allow reevaluation of the location of the proposed facility and to permit the applicant time to revise the plans as necessary to reflect all desired uses. He stated there had been extensive discussion regarding an outside storage area which had been permitted by variance when the applicant first occupied the building. The Secretary then presented slides of the site and re- viewed the submitted revised plans. Chairman Scott recognized Mr. Roger Bolz who represented the applicant and an extensive discussion ensued. Chairman Scott stated that her review of the site in- dicated the fence around the outside storage area was in need of repair and recommended this be cited in the recommendation to the City Council . She also commented that outside storage should be totally contained within the fenced structure as comprehended under the original variance allowing this in the I-1 district. In further discussion Commissioner Pierce inquired as to the alignment of the proposed gasoline pump island with the screened fence and Mr. Bolz responded that it would be located so as not to extend beyond the fence line. Mr. Bolz also commented in response to several questions that there would be two pumps for gasoline only. The Secretary stated that the plans had been reviewed and were determined to provide proper driving aisle width, both for the employee parking and for access to the pump island. Concern was expressed by several Commissioners that the underground storage tank and, in particular, the fill pipe, be located in such a manner that adequate access would be provided for the gasoline delivery trucks. The Secretary stated that this would be taken intu account when the permit was issued. -5- 12-15-77 Following further discussion there was a motion by Recommend Approval of Commissioner Engdahl seconded by Commissioner Pierce Application No. 77067 to recommend approval of Application No. 77067 submitted (Northwestern Bell by Northwestern Bell Telephone Company for property at Telephone Company) 6540 Shingle Creek Parkway subject to the following conditions: 1 . The permit is issued to the applicant as operator of the facility and is not transferable. 2. The Special Use Permit is subject to all codes, regulations and ordinances, in- cluding special licensing requirements of the City and violation thereof shall be grounds for revocation. 3. Any outside trash disposal facilities shall be appropriately screened. 4. ' The existing fence shall be repaired as necessary and properly maintained., 5. There shall be no outside storage of equip- ment or materials other than permitted by the City Council under Application No. 70039, unless specifically approved by a subsequent variance action allowing such storage in the I-1 zoning district. The motion passed unanimously. The next item of business was consideration of a draft Application No. 77034 resolution relative to disposition of Application No. (Richard Rockstad) 77034 submitted by Richard Rockstad which had been remanded to the Commission by the City Council for consideration. The Secretary stated the resolution reflected the findings of the Commission at the December 8 and earlier meetings. Following further discussion, member Patrick Horan intro- duced the following resolution and moved its adoption. RESOLUTION REGARDING RECONSIDERATION OF APPLICATION NO. RESOLUTION NO: 77-8 77034 SUBMITTED BY RICHARD ROCKSTAD, RECOMMENDING DISPOSITION OF THE APPLICATION AND RELATED ORDINANCE AMENDMENTS RELATIVE TO MINIMUM GREENSTRIP REQUIREMENTS ALONG MAJOR THOROUGHFARES. The motion for the adoption of the foregoing resolution was duly seconded by member Deborah Jacobson. . Voting in favor: Chairman Scott, Commissioners Jacobson, Pierce, Horan and Engdahl . Voting against: none, whereupon said resolution was declared and adopted. In other business the Secretary discussed the status Other Business of the Crystal ",irport zoning and planning concerns and cited the action taken by the City Council at their December 12 meeting. In other business the Secretary reviewed a number of planning and zoning issues which were pending and would be eventually brought to the Commission and City Council 's attention. He also responded to a number of questions about approved construction projects which had yet to commence. Motion by Commissioner Jacobson seconded by Commissioner Approve Minutes Pierce to approve the minutes of the December 8,` 1977 12-8-77 meeting. The motion passed unanimously. Motion by Commissioner Engdahl seconded by Commissioner Adjournment Jacobson to adjourn the meeting. The motion passed unani- mously. The Planning Commission meeting adjourned at 11 :05 p.m. C ha i rma n 12-15-77 -6-