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HomeMy WebLinkAbout1974 02-07 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR MEETING CITY HALL FEBRUARY 7, 1974 Call to Order The Planning Commission met in regular session and was called to order at 8:05 p.m. by Chairman Carl Gross . Roll Call Chairman Gross , Commissioners Grosshans, Foreman, Scott, Engdahl, Horan, and Pierce. Also present were Director of Public works James Merila and Director of Planning and Inspection Blair Tremere. Approval of Minutes Motion by Commissioner Foreman seconded by 1-10-74 Commissioner Scott to approve the minutes of the January 10, 1974 meeting as submitted . The motion passed unanimously. Application No. 74002 The first item of business was consideration of (Vern Christensen) Planning Commission Application No. 74002 sub- mitted by Vern Christensen. The item was intro- duced by the Secretary who stated the applicant was seeking a special use permit for a part time home occupation consisting of small engine re- pair. He stated the appl. ', nt--Iiad-c-Gt meted this activity for a number- of, years and recently � had become Lware"of the ordinance requirement for special home occupations . The Secretary further commented that during a discussion of the activity with the applicant, it had been determined that the lawnmower repair service involved the use of a detached garage. The Secretary explained that the present ordinance language required that home occupa- tions be contained within the dwelling and not involve the use of accessory structures. He stated that the applicant had been made aware of this requirement but had requested that the application be processed since he felt a lawnmower repair service was an accept- able home occupation and should be considered on its merits . • The Secretary stated that given present ordinance requirements a recommendation for approval could not be made. Chairman Gross stated that he had discussed this application as well as another comparable situation with the Mayor and it had been determined that there appeared to be tentative grounds to study the recently adopted ordinance definition, since the intent -1- 2/7/74 of the revision was to provide a flexibility which apparently was not reflected in the adopted language. Chairman Gross then waived the reading of the names of neighboring property owners who were • notified since none was present. Appoint Ad Hoc Following a brief discussion Chairman Gross Committee appointed a committee comprised of himself, Commissioner Foreman and Commissioner Pierce, who, jointly with two councilmen to be ap- pointed by the Mayor, would further review the ordinance provisions for Special Home Occupa- tions . Action to Table Motion by Commissioner Foreman seconded by Application No. 74002 Commissioner Horan to table Planning Commission Application No. 74002 submitted by Mr. Vern Christensen pending a review and analysis of the ordinance provisions by the ad hoc com- mittee. The motion passed unanimously. implication No. 74004 The next item of business was consideration of (B.C.I .P. Application No. 74004 submitted by Brooklyn Center Industrial Park, Inc. The item was introduced by the Secretary who stated the application was comprised of two parts ; a special use permit request and site and build- ing plan approval. Regarding the special use permit, he stated the application was the first seeking special use approval under the recently adopted provisions of Section 35330 which per- mits certain commercial uses in the I-1 district. He stated the application comprehends the first of two phases consisting of office buildings connected by a common link. He explained that the office complex had been designed for general office uses and that parking provisions had been calculated by the applicant on the basis of that use, not includ- ing retail, eating establishments, or medical and dental uses. He stated that any change of use of the Phase One office building be so re- stricted, pending any ordinance change, approval of amended site and building plans, or pro- vision for additional parking on the site. A brief discussion ensued regarding the amount • of office space and facilities proposed for the building. Chairman Gross recognized Mr. Steven Krogness and Mr. Jon Redmond represent- ing the applicant who stated that they had not determined the timing for the commencement of Phase Two. The Secretary then reviewed the site and build- ing plans for Phase One which include a structure consisting of seven floors of office space, plus an eighth floor handball court and recreation -2- 2/7/74 area, plus a ninth floor penthouse mechanical area. He stated that Phase One also included a connecting link which would contain utilities, elevators, and central stairwell. Regarding building esthetics and construction, the Secretary recommended that a shade of exterior brick be used that was in relative contrast to existing brick facia used on other buildings in the Industrial Park, due to the massive appearance of the buildings as well as a desire to thwart an, "institutional look" in the area. He stated that the applicant had been requested to furnish information regarding proposed insulative and energy-conserving qualities of the structure and he reviewed a memo submitted by Mr. Redmond which stated that exterior walls would be sprayed with urethane-foam insulation and that there would be insulating exterior glass, tinted to reduce summer heat build-up. Chairman Gross then recognized Mr. Redmond who commented that the building would have a "varible volume" air system which changes the tempera- ture by regulating the amount of heated or cooled air introduced into the areas He stated this differed from standard systems wherein the volume of air is constant and the tempera- ture is increased or decreased to affect temperature changes. An extensive discussion ensued regarding the site plan and landscaping provisions. The Secretary stated the applicant had worked with the Engineering Department in developing an extension of Earle Brown Drive including a cul-de-sac turn-around. He stated the 10.6 acre site had been designed within the boundaries comprehended by the proposed future realign- ment of the freeway and Trunk Highway 100. The Secretary reiterated that parking had been calculated at the general office or "other commercial" use rate, namely one sace per 200 square feet gross floor area which does not comprehend retail, eating establishments, or medical and dental clinic uses. He stated that the proposed site plan in- dicated a surplus of parking spaces for Phase One and that there would be a surplus of eleven spaces for the entire complex, although the Phase Two building would only consist of five storys of office spaces plus a sixth floor recreation area and mechanical area penthouse. He noted in that regard that the complex was not a "twin tower" concet, and the magnitude -3- 2/7/74 of Phase Two was contingent upon existing parking requirements and site space avail- able for parking. Chairman Gross suggested that a portion of the site was indicated as deferred for Phase Two parking should be shifted from the southerly end of the site • to the northerly end joining additional deferred parking area for Phase Two. An extensive discussion ensued relative to the type of curbing around the deferred Phase Two parking areas as well as along the east boundary line of the site. The Director of Public Works reviewed the relative merits of permitting a temporary rolled bituminous curb and he noted that there was some precedent for such approval, emphasising that such curb- ing was only temporary and that usually within three years of approval, permanent curbing was installed. In further discussion regarding temporary curbing, the Director of Public Works ex- plained that the concept of temporary curbing along the easterly property line had some merit, since the curbline could conceivably change by the time Phase Two was built -- depending on acquisition of land by the Highway Department. He stated that if temporary curb- ing were approved, it would be subject to the condition that permanent curb and gutter would be required in the three year period. The Secretary stated that additional sub- stantial trees should be required along the easterly boundary of the site, but that such plantings could be deferred until the per- manent curbing was established. Commissioner Scott commented that she agreed with the de- ferral of large tree plantings in that area but that the proposed smaller shrubbery should be installed during Phase One. Mr. Krogness stated that the applicant would be reviewing the cost factors involving the installation of permanent curb and gutter around the Phase Two parking areas, as well as along the east line. He stated that he appreciated the Commission's concerns relative to allowing for the optional temporary curbing. • Regarding the layout of the site in relation- ship to the existing office building, and the proposed realignment of Earle Brown Drive, the Director of public Works recommended that the Registered Land Survey for the area be amended as a condition of the site and building plan approval. He stated that the area comprehended by the amended survey would extend from Summit Drive northerly to the proposed cul-de-sac turn around area. -4- 2/7/74 Chairman Gross waived reading of the names of notified property owners since none was present. in further discussion Mr. Krogness commented that due to scheduling needs for the con- struction it would be desirable to commence ground breaking as soon as possible and per- haps prior to City Council review. The Secretary stated that there was some precedent for issuing a preliminary or partial foundation permit which would allow for such initial site work at the developer' s risk. I Action Recommending Following further discussion there was a motion Approval of Special by Commissioner Scott seconded by Commissioner Use Permit (Application Foreman to recommend approval of the special No. 74004) use permit requested in Planning Commission Application No. 74004 submitted by B.C.I .P . subject to the following conditions : 1. The permit shall be for Phase One of the proposed office complex, and any sub- sequent phase shall be subject to separate special use permit review. 2. Any proposed changes in use not com- prehended by the ordinance as general office or "other commercial" shall be reviewed and approved by the City with respect to applicable site and parking ordinance requirements. 3 . The permit shall be subject to the re- quirements as established by the City Council relative to site and building plan approval for Phase One. The motion passed unanimously. Action Recommending Motion by Commissioner Grosshans seconded by Approval of Site and Commissioner Scott to recommend approval of Building Plans (Applica- the site and building plans comprehended by tion No. 74004) Application No. 74004 submitted by B.C.I .P. , Inc. subject to the following conditions : 1. Building plans are subject to review 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 the approval of the City Engineer prior to the issuance of permits. 3. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improvements as indicated on approved plans . 4. Appropriate trash disposal facilities will be provided and will be properly -5- 2/7/74 screened if located outside. 5. The property of the proposed site and the property abutting Earle Brown Drive from Summit Drive northerly to the pro- posed turn around cul-de-sac shall be • subdivided to comprehend the realignment of Earle Brown Drive. 6. Those areas on the approved plans des- ignated as deferred parking for Phase Two may be seeded rather than sodded, but in any case, shall be maintained with viable turf. 7. Required installation of permanent B-612 type curbing along the boundaries of those areas designated as deferred park- ing for Phase Two and along the easterly boundary of the site may be deferred for up to three years , pending the develop- ment of Phase Two and the possible re- alignment of the site boundaries subject to the following: a. Notwithstanding the above con- ditions, the City may require the installation of curbing at an earlier time as deemed necessary. b. During the interim period, tem- porary bituminous rolled curbing approved by the City Engineer will be installed along the boundaries of the portion of the site designated as deferred parking for Phase Two and along the easterly boundary of the site. C. Required B-612 type curb and gutter will be installed around all other driving and parking areas as in- dicated on the approved plans. 8. Additional green ash or other long-lived hardwood trees, a minimum 212- to 3 inches diameter, shall be indicated on the final plans for the landscaped area along the easterly boundary of the site; however, the installation of said additional trees • may be deferred until the development of Phase Two or the installation of permanent curb and gutter along said boundary. The motion passed unanimously. Amendment to Application The next item of business was consideration of No. 72025 a proposed amendment to Planning Commission (B.C.I .P. , Inc.) Application No. 72025 submitted by B.C.I.P. , Inc. The item was introduced by the Secretary who explained that site and building plans for the -6- 2/7/74 Earle Brown Farm Office Building were approved by the City Council on June 12, 1972 . He stated the amendment was generated by the proposed development of the office tower complex on the site to the north. He explained the new plan which the Commission had just approved, called for the realignment of Earle Brown Drive and for the construction of a curb-cut connecting the existing north parking area with the new south parking area. He stated that landscaping plans included with the site and building plans of Application No. 73004 showed treatment of the expanded green area between the current and proposed Earle Brown Drive right of way lines near the north- west access to the existing site. A brief review ensued. He also explained the curb-cut between the sites was intended to facilitate internal access between the two large sites. He em- phasized that it was not to signify or authorize joint parking facilities which might be credited to the parking requirements of either site, In further discussion the Secretary stated that approval of this amendment would become part of the original action and required site improvements comprehended under Application No. 72025 for which there is an outstanding performance agreement and bond. A brief discussion ensued between Commissioner Horan and the Director of Public works rela- tive to the conveyance . of right of way from present Earle Brown Drive to the new realigned roadway. Action Recommending Motion by Commissioner Horan seconded by Approval of Amendment to Commissioner Foreman to recommend approval Application No. 72025 of the site amendments to the plans compre- (B.C.I .P. , Inc.) hended by Planning Commission Application No. 72025 and reflected in the site and landscape plans of Application No. 74004. The motion passed unanimously. Recess The meeting recessed at 9:30 p.m. and re- conveyed at 9:50 p.m. plication No. 74005 The next item was consideration of Application Kunz Oil Co.) No. 74005 submitted by Kunz Oil Company. The item was introduced by the Secretary who ex- plained the applicant was seeking approval of a special use permit to operate a gasoline station at the former Metro 500 facility, 6830 Brooklyn Boulevard. He stated the applicant does not propose any major alterations to the present site or structure which have been used by several previous gasoline sales operations. -7- 2/7/74 The Secretary commented that the area of the triangular parcel was approximately 15, 500 square feet and that the design of the present facility including a small building and pump islands did not constitute a maximum use of • the site. He stated the site was of such a layout, however, so to provide for the intended use relatively well. Chairman Gross recognized Mr. Kunz and a dis- cussion ensued regarding the need to delineate parking spaces for employees and the need to provide screening for any outdoor trash dis- posal area. Chairman Gross waived the reading of names of neighboring property owners since none was present. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Foreman seconded by No. 74005 Commissioner Scott to recommend approval of (Kunz Oil Co.) Planning Commission Application No. 74005 sub- mitted by Kunz Oil Company subject to the following conditions : 1. The operation will be limited to the sale of fuels, lubricants, automotive parts and accessories, and the vending of soft drinks, candy, cigarettes, and other incidental items for the conven- ience of customers within the principle building, as provided in Section 35-322 of the ordinances, 2. The operation shall be in conformance with Section 35-414 and other applicable ordinance provisions. 3. The permit shall be issued to the appli- cant as the operator of the facility and shall be nontransferable. 4. A minimum of four (4) parking spaces shall be delineated on the site as approved by the Director of Planning and Inspection for employee parking. 5. Any outdoor trash disposal facilities shall be within an enclosure constructed • of opaque material. 6. The screening wall-type structures on either side of the existing building shall be used for screening purposes only. The motion passed unanimously. -8- 2/7/74 Application No. 74006 The next item of business was Planning (Twin Lake Alano Society) Commission Application No. 74006 submitted by the Twin Lake Alano Society, Inc. The item was introduced by the Secretary who stated the applicant had recently negotiated the purchase of the former Twin Lake School, 4938 Brooklyn Boulevard, and was seeking a special use permit as required in the R-1 district by Section 35-310 (other non- commercial uses required for the public welfare . . . as determined by the City Council) . The Secretary stated that the Commission had considered this particular concept on November 1, 1973, and had developed the consensus "that the concept of the acquisition of the former Twin Lake School by Alcoholics Anonymous, for pur- poses of providing a meeting facility with adequate parking, had substantial merit and should be considered . . . " . Chairman Gross then recognized Mr. Gooler, who represented the applicant and an extensive discussion ensued relative to the proposed site plan. The Secretary commented that there was adequate area on the site to provide for the parking spaces required by the ordinance, based on gross floor area of the building as well as on the formula (which was applied in this case) requiring one space per every three seats. The Secretary noted that the parking had been phased and that the initial required site work would be primarily at the northerly end of the site. He indicated that the plans called for a realignment of one of the curb-cuts onto Brooklyn Boulevard as well as the installation of a 6-foot high fence along the northerly property line. The Director of Public Works offered comments regarding the proposed grading on the site as well as the recommendation for berming along Xerxes Avenue at the east side of the Phase One parking. Mr. Gooler commented as to the nature of the society's growth as experienced in other Alano • chapters over the years . The Secretary com- mented that the potential or capacity of the building was determined in part by .occupancy loads set forth in the State Building Code. He explained that the Phase Two parking could be developed as the membership grew. A discussion ensued between Chairman Gross and Mr. Gooler regarding the desirability of shortening the east end of the cement block -9- 2/7/74 attached garage to provide, for future access around the rear of the building as well as for aesthetic purposes. Mr. Gooler stated that the Society agreed with this concept but preferred to defer the actual remodeling work until the group had a chance to become established and • until growth dictated the Phase Two improvements. Chairman Gross then read the names of neighbor- ing property owners who had been notified of the meeting and he recognized Mr. and Mrs. Hogan of 5030 Brooklyn Boulevard who stated their con- cerns relative to screening, snow removal, and drainage. Mr. Merila offered comments regarding the drain- age of the site and the location of storm sewers in the area, and stated that if storm sewer lines could be extended into the site, it would be required but that further research was necessary to determine the alignment of the storm sewer system in that part of the City. A brief discussion also ensued relative to land- scaping on the site and Mr. Gooler commented that improvements would be made in the green area to the south of the building which would be the eventual Phase Two parking site, and he noted there were substantial plantings already on the site. In further discussion Commissioner Scott recommended that plantings be installed along the bermed area easterly of the Phase One parking lot. Action Recommending Motion by Commissioner Grosshans seconded by Approval of Application Commissioner Foreman to recommend approval No. 74006 of Planning Commission Application No. 74006 (Twin Lake Alano Society) submitted by the Twin Lake Alano Society, Inc. subject to the following conditions : 1. Drainage, grading, and berming plans are subject to review by the City Engineer prior to the issuance of the permit. 2. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. Current information relative to parking • restrictions, meeting attendance rules and hours, and membership size regula- tions shall be submitted, in writing, to the file by an officer of the Society, 4. The site will be platted according to the provisions of Chapter 15 of the City Ordinances within one year of the issuance of the permit. -10- 2/7/74 5. The premises will be brought into com- pliance with all applicable state and local regulations as to fire safety, health, and building code standards, and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 6. Landscaping of the easterly green area of the north parking lot shall include shrubbery in addition to berming. The motion passed unanimously. Commissioner Engdahl left the meeting at 11:00 P.M. Amendment to The next item of business was consideration of Application No. 73027 Planning Commission Application No. 73027 sub- (Brook Park Baptist mitted by Brook Park Baptist Church. The item Church) was introduced by the Secretary who stated the City Council had approved a preliminary plat under this application for the church property located at 4801 63rd Avenue No. , on September 11, 1973. He stated the applicant had determined that the easterly portion of the south part of the property (Outlot B) was unsuitable for building. He stated the church had been in negotiation with the Osseo School District regarding a possible exchange of a portion of Outlot B for some land on 63rd Avenue North, owned by the School District. He stated the amendment pro- poses enlarging the length (north/south) of Outlot B from 345 feet to 375 feet which would permit possible future development of up to five residential lots along Perry Avenue No. Chairman Gross recognized Mr. Rolf and Mr. Grant who represented the applicant and a brief discussion ensued. Action Recommending Motion by Commissioner Foreman seconded by Approval of Amendment Commissioner Horan to recommend approval of to Application No. 73027 of the amended preliminary plat contained in (Brook Park Baptist Church) Application No. 73027 submitted by Brook Park Baptist Church subject to the original con- ditions as noted in the September 11, 1973 • City Council minutes. The motion passed un- animously. Discussion Items: The next item of business was discussion of Burger King Proposed the concept contained in a recent application Site Expansion (74003) submitted by Burger King. The Secretary explained that the proposal was being reviewed by the City staff and the State Highway Department and had not been de- veloped into a format for the agenda. -11- 2/7/74 He explained the applicant had been negotiating the purchase of the former Mobil Oil Station site at 6100 Brooklyn Boulevard, southerly of the Burger King Restaurant. He stated the apparent intent is to provide for future ex- pansion of the restaurant, whereas the present plan calls for the demolition of the service station and the development of the site as an expansion of the existing parking lot. He stated that while the application originally had comprehended special permission for off- site supplemental parking, it had since been determined that, due to the proximity of the sites, ordinance requirements relating to com- bination of parcels and site improvement were more applicable in this situation. The Secretary briefly reviewed a preliminary site plan and stated primary concerns included: 1) the need to plat the land, 2) the location of curb-cuts onto Brooklyn Boulevard, and 3) the design layout of the resultant parking facilities and traffic flow. During the ensuing discussion, Chairman Gross recognized Mr. Dick Gunderson, the owner and resident of a multiple-family residence on Beard Avenue to the rear of the present Burger King. Mr. Gunderson related the concern which he had voiced to the City Council and Planning Commission over the years, regarding pedestrian traffic across a portion of the apartment house site which abutted his own. Mr. Gunderson stated his belief that much of the traffic through the area was directed to the Burger King Restaurant and he stated his concern that if the Mobil Station site were acquired and used by Burger King, the concrete block retaining wall should be extended across the added site, thus inhibiting pedestrian traffic from the east. Action to Table Following further discussion there was a motion Application No. 74003 by Commissioner Foreman seconded .by Commissioner (Burger King) Scott to table Planning Commission Application No. 74003 submitted by Burger King until such time that plans had been prepared which were in compliance with ordinance requirements. The motion passed unanimously. Other Business : In other business the Secretary briefly re- Proposed Earle Brown viewed a proposed layout of a site comprehend- Farm Historical Site ing a portion of the Earle Brown Farm which was currently proposed to be proclaimed a Historical Site by the State Legislature. He explained that such a proclamation did not dedicate the property as a park and did not change the nature of the land in terms of its -12- 2/7/74