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HomeMy WebLinkAbout1973 11-01 PCM '. It MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF 4 HENNEPIN AND STATE OF MINNESOTA I h ` REGULAR MEETING CITY HALL NOVEMBER 1, 1973 Call to Order: The Planning Commission met in regular session and was called to order at 8:05 P.M. by Chairman Robert Jensen. Roll Call: Chairman Jensen, Commissioners Grosshans, Bogucki, Foreman, and Engdahl. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Defer approval The approval of the October 25, 1973 minutes of 10-25-73 minutes was deferred in that a majority of the Commissioners were not present at that meeting. Application No. 73035 Following the Chairman's explanation, the (B.C.I.P.) first item of business was consideration of Application No. 73035 submitted by Brooklyn Center Industrial Park. The item was intro- duced by the Secretary who explained the applicant was seeking preliminary plat ap- proval for a parcel of land currently described as Tract A, Registered Land Survey No. 1348 which includes the sites of Spec. Buildings No. 5 and No. 6. He stated the proposed R.L.S . would contain four tracts: "A" being the site of Spec. Bldg. No. 5; "B" being the site of Spec. Bldg. No. 6; and "C" and "D" being the un- developed land between Spec. Bldg. No. 6 and 67th Avenue North. Chairman Jensen recognized Mr. Steven Krogness, who represented the applicant, and an extensive discussion ensued as to the recommendation that cross-easement documents be drawn relative to access between Tracts A and B and between Tracts B and C. Commissioner Grosshans recalled that provi- sion for a future access point between Tract B (the site of Spec. Bldg. No. 6) and Tract C was stipulated as a condition of approval for Spec. Bldg. No. 6. Mr. Krogness stated the applicant's concern as to providing easements to their own property. Mr. Krogness further stated that the applicant felt there was merit in pro- viding a curbcut and future median cut at a point between the access to Spec. Buildings No. 5 and 6, and 67th Avenue North. The Director of Public works responded that as to providing easements to their own land, -1- 11/1/73 the applicant should make reference to action taken relative to the plat for the Uncle John's Restaurant, the Cinema Theatre, and the once proposed Racquet Club sites. He then proceeded to explain the basis for the recommendation that an internal access route be provided between Tract B and Tracts C and D, rating particularly the likelihood of heavy traffic through this area. Commissioner Bogucki stated that it was obvious that a full curbcut and median cut into Shingle Creek Parkway at the point suggested by the applicant was not desirable from a design point of view and was a bad location in terms of traffic safety. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Grosshans seconded by No. 73035 Commissioner Bogucki to recommend approval (B.C.I.P.) of Planning Commission Application No. 73035 subject to the following conditions: 1. The final R.L.S. is subject to re- view by the City Engineer; 2. The final R.L.S . shall be accompanied by appropriate documents providing for cross-easements between Tracts A and B and Tracts B and C, which shall be subject to review by the City Attorney before filing with the Registered Land Survey. The motion passed unanimously. Application No. 73036 The next item of business was consideration (B.C.D.C.) of Planning Commission Application No. 73036 submitted by Brooklyn Center Develop- ment Corp. The item was introduced by the Secretary who explained the applicant was seeking preliminary plat approval for a parcel of land described as Outlot F, B.C.I.P. Plat I, which includes the site of the Shingle Creek Towers High Rise Apart- ments. He stated the proposed R.L.S . would contain three tracts: "A" being the site of the high rise; and "B" and "C" being parcels to the south. Chairman Jensen recognized Mr. Steven Krogness, who represented the applicant, and a brief discussion ensued. The Director of Public Works commented as to the recommenda- tion that cross-easement documents be pre- pared relative to an access point between Tracts A and B, in line with Summit Drive. He noted that the applicant had also pro- vided for a Tract "D" which comprehended the 100 foot greenstrip adjacent to Shingle Creek. -2- 11/1/73 i a Action Recommending Following a brief discussion these was a Approval of Application motion by Commissioner Engdahl seconded by No. 73036 Commissioner Foreman to recommend approval (B.C.D.C.) of Planning Commission Application No. 73036 submitted by Brooklyn Center Development Corp. subject to the following conditions: 1. The final R.L.S . is subject to review by the City Engineer; 2. The final R.L.S . shall be accompanied by appropriate documents providing for cross-easements between Tracts A and B, in line with Summit Drive. The motion passed unanimously. Application No. 73038 The next item of business was consideration (Koch Marketing) of Planning Commission Application No. 73038 submitted by Koch Marketing. The item was introduced by the Secretary who stated the applicant was requesting approval of a special use permit to reopen and operate the former Gulf Oil Station as a gasoline sales facility under the Hudson Oil Company brand. He stated the station had been unoccupied for approximately a year and one-half and was deemed to be in non-compliance with ordinance requirements for service stations. He explained that this was particularly significant in that the applicant had in- , dicated that, if all required permits could be secured, the present station would be demolished and a new facility would be con- structed in accordance with the applicant's specifications in the near future. He stated the applicant's present plans called for operating the existing facility until the renovation could commence. He noted that the site was substandard, accord- ing to ordinance provisions for new service station construction in that there was only 10,000x- sq. ft. available and the require- ment calls for a minimum of 20,000 sq. ft. Chairman Jensen recognized Mr. Dale Walters, who represented the applicant, and noted that none of the notified property owners was present. The Secretary commented that the present site and building are in need of substantial renovation. He stated that the site was in • generally poor condition and the building had suffered due to the lack of maintenance since the Gulf operation had been terminated Mr. Walters briefly described the nature of the intended operation stating the pricin of the gasoline would be in accordance with independent operations. He said that the applicant considered it imperative to pro- ceed in the near future with the total reno- vation of the site. He stated further that he had not been aware of the significance of -3- 11/1/73 the minimum 20,000 square foot site re- quirement and that this factor would ob- viously have some bearing as to whether the applicant intended to proceed. An extensive discussion ensued and Chairman Jensen noted that access and traffic con- gestion had long been a problem in this area, particularly considering that the driveway to the west of the site was a major access to the Northbrook Shopping Center. Commissioner Bogucki agreed and stated that the site had always been in- adequate, had suffered from poorly designed access, and had actually been isolated as the shopping center had developed around it. Chairman Jensen stated that the crux of the issue was whether the City desired to per- petuate a non-conforming use. Commissioner Grosshans responded that the problem was that the present station was not in com- pliance with certain requirements for full- fledged service stations, and he stated that there appeared to be some merit in the applicant's intent to reopen and operate a facility, which was currently abandoned and presented an eye-sore. He stated that even if the applicant's intent were to construct a new small attendant's building on the site for purposes of conducting a gasoline sales operation, it was questionable whether the ordinance requirements for service stations should be applied. He noted that the zoning was appropriate and that the station had been a recognized special use in the past. Commissioner Engdahl stated that it was im- portant that some consideration be given to the applicant's intent to construct a new facility on the site in the future, since the City's determination in that regard would evidently have some bearing on the present request for a special use permit. The Secretary stated that any approval of a special use permit to reopen the existing station should be subject to the condition that site and building plans be reviewed as to the existing facility. He commented further that in the future, should the intent be to construct a new facility, it would be subject to the ordinance requirements, most notably the • minimum site area requirements of 20,000 square feet. He stated that based upon past considerations, it was highly doubtful that the Council would be willing to consider a 10,000 square foot variance, and that any decision on the special use permit now should not be based on an assumption that such a variance could be considered feasible in the future. -4- 11/1/73 In further discussion Chairman Jensen stated that he was not prepared to recommend the continuance or perpetuation of a non-con- forming use. Commissioner Bogucki commented that since the site was zoned C-2, and since it generally was in a desirable location for commercial uses, there was a host of possi- bilities for other uses of the site. In response to a question by Chairman Jensen Mr. Waltert. stated that in light of the Commission's concerns, and the ordinance re- quirements relative to new service station construction, it was doubtful whether the applicant would desire to proceed any further with the acquisition and development of the subject property. He asked that the Commission take definitive action as to the permit so as to facilitate his firm's de- cision whether to proceed with acquisition of the site. Action Directing Following further discussion there was a Resolution Recommending motion by Commissioner Bogucki seconded by Denial of Application Commissioner Engdahl to direct the prepara- No. 73038 tion of a resolution denying Application (Koch Marketing) No. 73038 and setting forth the Commission's position that the subject site was not desirable for service station purposes in light of existing ordinance requirements, the access provisions to the site, and the size of the site as it related to the capa- bility of providing for required setbacks. The motion passed unanimously. Recess: The meeting recessed at 9:40 P.M. and re- sumed at 10:00 P.M. Other Business: In other business the Secretary commented Proposed Acquisition the Mr. Bob Branton and Mr. George Ringwel- and Use of Twin Lake ski, representing the Robbinsdale Chapter School by Alcoholics of Alcoholics Anonymous, were present to Anonymous discuss the possibility of acquiring the Twin Lake School located between 50th and 49th Avenue North on Brooklyn Boulevard. He stated that the Robbinsdale School District had indicated the desire to dispose of the property through sealed bids and that such bids were to be opened and considered within a week. The Secretary noted that Mr. Branton had been in communication with the City relative to the proposed renovation of the school • building as a meeting hall, and had intended to proceed with the required steps necessary to secure special use permission from the City. He stated that the gentlemen were present to discuss the matter at this time so that a determination could be made, based upon the City's response to their proposal, as to whether to submit a bid, which required a accompanying surety bond. -5- 11/1/73 The Secretary also explained that staff de- liberation of the matter had concluded the proposed use concept was feasible in the R-1 zone, as a non-commercial use needed for the public welfare as determined by the City Council. Chairman Jensen then recognized Mr. Branton who proceeded to outline the nature of the intended operation, stating the present facility in Robbinsdale, at 4055 Regent Avenue North (which had been occupied by the group for 21 years) , did not provide adequate parking for the group's needs. He further stated that it was the opinion of the group that the Twin Lake School re- presented a desirable meeting facility which had the potential for adequate off street parking in the existing playgound area. Mr. Branton explained that the 250 member group would use the building as a central meeting facility and counseling center. He noted that he was prepared to submit letters from their current neighboring property owners as to the acceptance of the facility in the neighborhood over the years. He stated further that he appreciated the Commission's time to consider the concept, and noted the group was fully aware of the need to comply with City requirements re- garding the development of the site and renovation of the building. Consensus Developed A brief discussion ensued and Chairman as to Concept of Jensen determined that it was the consensus Proposed Acquisition of the Commission that the concept of the of Twin Lake School by acquisition of the former Twin Lake School alcoholics Anonymous by Alcoholics Anonymous, for purposes of providing a meeting facility with adequate parking, had substantial merit and should be considered by the City Council, noting that the proposed use was subject to the required special use permit process. Proposed Site and In other business, the Secretary commented Building Revision by that Shell Oil Company had proposed the con- Shell Oil Company struction of a car wash addition to the existing Shell Station at 63rd and Brooklyn Boulevard, as well as a refurbishment of the station exterior. He stated that apparently the firm was quite anxious to have a special use permit application heard by the Com- mission, and had asked that the matter be taken up at the November study meeting. The Secretary noted further that the firm had indicated should the car wash concept not be acceptable, the intent was to proceed with the renovation of the station's exterior. The Secretary commented that it was the recommendation that before permits were issued for this work, site and building plans should be reviewed by the Commission and -6- 11/1/73 Council, in that there was need for sub- stantial site work and the proposed renova- tion was deemed to constitute a major re- _' vision to the appearance of the existing station. Chairman Jensen noted that in previous dis- cussions, November 15th had been set aside for a special meeting, to consider the Council moratorium on multi-residential housing construction, and that November 8th • had been designated as the November study meeting. The Secretary stated that since the ordinance requires 7 day notification of neighboring property owners, it would be impossible to consider a special use application at the November 8th meeting. Chairman Jensen then ruled that in accor- dance with ordinance provisions as to Planning Commission meetings, any applica- tions should then be held over until the next regular meeting on the first Thursday in December. In further discussion relative to the re- quest by Shell Oil Company, Chairman Jensen stated that should the firm elect not to proceed with the plans for a car wash, but indicate a desire to seek building permits for the renovation of the exterior of the station, site and building plans could be reviewed at the November 8th meeting, since a public hearing was not required. Proposed Medical Office In other business, the Secretary stated that Use in Brookdale Towers, another matter which could be presented at and Need for Review and the November 8th study meeting was a request Approval by Darrel Farr Development for the Com- mission to review a proposed change in the general office use of the Brookdale Towers Office Building, as stipulated in the original conditions of approval for that structure. He stated the developer was proposing use of a certain amount of space in the building for medical purposes and he proceeded to briefly discuss various ramifications of ordinance parking requirements in that re- gard. Chairman Jensen stated that the appli- cant should be notified of the November 8th meeting and the request could be considered at that time. Discussion as to In other business, a brief discussion en- Proposed Tour of City sued relative to the proposed tour of the by Commission and City by the Commission and Council, and it Council was determined that upon approval by the City Council, the other advisory commissions should perhaps be invited. The Secretary was directed to contact the Council in this regard and to begin preparing an itinerary for the proposed tour scheduled for November 10th. -7- 11/1/73 Adjournment Motion by Commissioner Engdahl seconded by Commissioner Bogucki to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11:20 P.M. • Chairman _$° 11/1/73