Loading...
HomeMy WebLinkAbout1976 09-30 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 30, 1976 CITY HALL Call to Order: The Planning Commission met in study session and was called to order at 8:05 p.m. by Chairman Robert Foreman. Roll Call : Chairman Foreman, Commissioners Engdahl , Jacobson, Scott, Pierce, and Kohrt. Also oresPnt were Director of Public Works James Neri1a and Director of Planning and Inspection Blair iremere. Approve Minutes: Motion by Commissioner Scott, seconded by Commissioner 9-9-76 Engdahl , to approve the minutes of the September 9, 1976 meeting as submitted. Voting .in favor were: Chairman Foreman, Commissioners Engdahl , Scott, Pierce, and Kohrt. Not voting: Commissioner Jacobson who explained she was not present at that meeting. The motion passed. Application No. 76051 (LOGIS) Following the Chairman' s explanation, the first Item of business was consideration of Application No. 76051 submitted by Local Government Information Systems (LOGIS) . Horan Arrives Commissioner Horan arrived at 8:10 p.m. The item was introduced by the Secretary who stated that the applicant sought special use permission to use up to 2,600 square feet of Speculative Building No. 5, 6820 Shingle Creek Parkway, for commercial service/office use. The Secretary stated that such uses were comprehended as special uses in the I-1 district. The Secretary reviewed a letter submitted to the file by ;1r. Ted Willard, Executive Director of LOGIS, and an extensive discussion ensued. The Secretary stated the Commission must evaluate the proposal based on the criteria set forth in the Zoning Ordinance for special commercial uses in the I-1 district. He cautioned that not to do so could lead to eventual introduction of public oriented commercial businesses in the buildings and area of the Industrial Park primarily designed and intended for light industrial activity. Chairman Foreman recognized Mr. Willard who explained the present plans were tenuous, since original agreement with B.C.I .P. had been based on oral under- standings and that subsequent developments since the application was filed have cast a shadow on whether the occupancy is fusible. He stated, nonetheless, he wished to pursue with the request so that, should leasing considerations prove favor- able, the zoning matter would be resolved. Mr. Willard also briefly explained the function of LOGIS and of the Northwest Human Services Council which would share the office space. He noted that both organizations were not oriented to the general public and both served governmental agencies and public service groups. He stated the need was for adminis- trative and coordinative office functions. Mr. Willard commented that his letter of application stated the intent was to occupy approximately 1 ,300 square feet of the available 2,695 square feet area. * He asked that the Commission consider the application in terms of the full 2,695 square feet and that adjustments could then be made within that permitted area. -1- 9-30-76 t In response to a question by Commissioner Pierce, Mr. Willard stated the number of employees was expected to bein the range of eight to ten with possible growth up to fifteen depending on the amount of space available. Chairman Foreman noted that a public hearing had been Public Hearing scheduled and that none of the neighboring property owners were present. Motion by Commissioner Jacobson, seconded by Commissioner Scott, to close the public hearing. The motion passed unanimously. Upon further discussion there was a motion by Recommend Approval • Commissioner Scott, seconded by Commissioner Horan, of Application fro. to recommend approval of Application Flo. 76051 submitted 76051 (LOGIS) by Local Government Information Systems (LOGIS) , noting the uniqueness of the proposed uses which were public service-oriented involving administrative, coordinative offices, and were not general commercial uses; and further that the proposed use is consistent with the standards set forth in Section 35-300 of the Zoning Ordinance; and subject to the following conditions: 1 . The permit is issued to the applicant and is not transferable. 2. The permit comprehends the approximate 2,700 sq. ft. area at 6820 Shingle Creek Parkway shown on the approved plan; that area shall not be expanded without approved amendment of the permit. 3. The approved occupancy comprehends noncommercial service-oriented adminis- trative offices. 4. Building plans are subject to review and approval by the Building Official with respect to applicable codes. The motion passed unanimously. The next item of business was consideration of Application No. 76054 Application No. 76054 submitted by Brookdale Ford, (Brookdale Ford) 2500 County Road 10. The item was introduced by the Secretary who stated the applicant seeks site and building plan approval comprehending an addition to the office portion of the automobile dealership as well as numerous site upgrading improvements. He stated a master plan for the site has been developed comprehending use of the adjacent NSP property which may be acquired in the near future. The Secretary - explained the applicant' s plan proposed a phased completion of the improvements, most of which reflected minimum ordinance requirements as to paving, grading, curbing, and green areas. The Secretary stated that the present informal agree- ments with NSP as to the use of their power line right-of-way must be finalized, either through actual acquisition of the property by the applicant and assimilation into the site through replatting, or through approved joint parking agreement. He stated that in either case, the subject area which is presently being partially used should be improved if the parking and storage are to continue. Chairman Foreman recognized Mr. Lieder who represented the applicant and a discussion ensued as to the basis -for the proposed phasing. Chairman Foreman stated it appeared the initial improvements were related to construction of the proposed office addition and that site improvements were being deferred until 1977 apparently due to weather considerations. Mr. Lieder responded in the affirmative and stated it was expected the site improvements could be stafted .when weather permitted in the spring. Chairman Foreman also noted the plans called for the installation of automatic fire extinguishing systems in the main office/service building as well as in the body shop building. He asked why the sprinkler system installation in the body shop would be deferred until next year when the system in the main building was being installed under proposed -- - - Phase I . Mr. Lieder responded that since construction work Would be occurring this year it was proposed to concurrently install the sprinkler system in the main building. He commented that, depending upon con- struction scheduling and contractual agreements, it was possible the sprinkler system could be installed in the body shop building sooner. In response to several questions concerning the status of the NSP property, Per. Lieder stated contacts had been made with NSP as to possible leasing or acquisition arrangements and that at this time, the use of the property was based on oral agreement. He stated the applicant needed the space for car storage and parking,.and, as indicated on the master plan, definitely intended to pursue a satisfactory agree- ment with NSP. Commissioner Engdahl stated a concern that the phasing indicated on the submitted plan should be clarified in such a manner that completion of site improvements on the present Brookdale Ford property should in no way be hindered by leasing or purchase ' agreements relative to the NSP property. He suggested that the items noted under proposed Phase II be considered separately from the reference to improvement of certain NSP owned property which should be separate item as in Phase No. III . Com- missioner Engdahl emphasized that improvements on the NSP property were essential if it were to be used, but that improvements of the Pxisting property were basic to the operation of the dealership in any event. An extensive discussion ensued and Chairman Foreman recognized Mr. Rick Hollenkemp who represented Benson-Orth Associates, the designer and contractor for the work. Mr. Hollenkemp reviewed the master plan and indicated several site improvement final details were yet to be finalized. He specifically referred to the impact future acquisition of the NSP property might have on grading and drainage considerations in the north area of the site, as well as the effect of any development on the property north of the NSP right-of-way which is presently owned by the Char-Lynn Company. He stated these design details could be finalized in cooperation with the City staff as the Phase I work proceeded. The Secretary stated that it would be appropriate for the Commission to establish a specific date at which time the plans would be reconsidered in light of accomplished work during the first phase. He stated this was an established practice, such as in the case of the Westbrook Mall where the site plan was reviewed several times after the initial • approval to assure completion of phased work within the concept of the overall master plan. Chairman Foreman inquired as to proposed landscaping and Mr. Hollenkemp responded that the landscape treatment was predominantly sodding and installation of an underground irrigation system. He stated the applicant was concerned about the screening effect plantings and trees might have on the display area for automobiles. An extensive disscussion ensued . -3- 9-30-76 Commissioner Scott stated there was a number of areas Where landscaping could be provided, such as in the fifteen foot green strips at the east end of the property and on the north side where there was abutment against adjacent development. Commissioner Kohrt stated that while automobile dealerships had a unique need for outside display which actually constituted an advertising of the product, he did not feel that on the whole automobile dealership sites should be exempt from normal landscape requirements. He agreed with Commissioner Scott that there are several areas including the storage lot perimeter greenstrips where substantial landscaping could.be provided. Commissioner Pierce stated his concern that the plan indicated existing and future landscaping but did not specify landscaping which could be provided in the next growing season. Commissioner Engdahl and Chairman Foreman reiterated the review of the Ryan Oldsmobile site and the approved' landscaping which consisted of trees near the entrance and along the rear boundary. Further discussion ensued as to the landscape treatment of green strips and delineators. Mr. Hollenkemp suggested that the specific treatment of those areas would be reviewed and that perhaps a rock or mulch treatment would be appropriate since maintenance of sod could be difficult in the street boulevard area. The Secretary and, Director of 'Public Works responded that the generallexperience in the City with rock and mulch treatments in lieu of sod had been less than desirable singe, in the long term, maintenance of those materials proved to be more difficult than maintaining sod. They suggested that with proper underground irrigation and main- tenance of street boulevard green strips sod was a feasible material , and several examples in the Brookdale area were cited. In further discussion, Chairman Foreman and Commissioner Pierce suggested that, sine the site .plan should be reviewed by the Commission; as to ,.'conpletion of im- provements comprehended iw the second phase, it would be appropriate to hare a more detailed land- scaping plan by the June, 1977 rgeeting. Chairman Foreman stated he felt thel Comnmi f $ion had made their concerns clear and that a reviso letailed landscape plan would be expected at that t roe. ' Chairman Foreman asked thejDirec or of Public Works to review the master plan f the ntire area as it related to the proposed fu ure i� �rovements on the y Brookdale Ford plan. Mr. ,erila !stated that. a number of factors impact on this rea s qh as the upgrading of :Interstate 94 and the i stalli lion of a major interchange at Shingle CreekkPar way. He said this would result in a much more ' int se traffic flow in this area and -viould have bearin on the design and location of access points onto Siiingle Creek Parkway. He said the master plan conceptually called for an • internal roadway, which might be Private or public, running parallel to the north 1'i of the NSP right- of-way. He said that the timing ',' or this improvement was contingent primarily on he , evelopment of the Char-Lynn property. He note th 't'`the design of this roadway could have bearing on the proposed access and drainage of they north portion of- the Brookdale Ford site. 9-30-76 -4- ., y I Recommend Approval of Following further discussion, there was a motion by Application No. 76054 Commissioner Engdahl , seconded by Commissioner Kohrt (Brookdale Ford) to recommend approval of Application 76054 submitted by Brookdale Ford subject to the following conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, and utility plans ,are subject to review by the City Engineer, and a grading and drainage plan prepared by a • registered engineer shall be submitted prior to installation of the required improvements.. 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 improvements. 4. All outside trash disposal facilities shall be appropriately screened. 5. The building shall be equipped with auto- matic fire extinguishing systems per N.F.P.A. Standard No. 13. 6. Underground irrigation shall be installed in all approved landscaped areas. 7. The phasing for the installation of site and building improvements indicated on the submitted plans shall be revised to the extent that required improvements on the existing Brookdale Ford property shall be completed during Phase II , notwithstanding the possible joint leasing or purchase of the NSP right-of-way property; appropriate site improvements shall be made on the NSP right-of-way property if it is to be actively used by Brookdale Ford, subsequent to platting or joint parking agreement approvals by the City Council . 8. The master plan and status of completed work shall be reviewed by the Commission no later than the June, 1977 regular meeting and a revised detail landscape plan shall be submitted for review and approval at that time. 9. A utility easement for water main purposes shall be provided and the design for said easement shall be determined by the City Engineer and the applicant. The motion passed unanimously. Recess The meeting recessed at 9:45 p.m. and resumed at 10:00 P.M. -5- 9-30-76 The next item of business was rOview of Application Application i1o. r No. 76050 submitted by MiRros Eng neering, 3715 - 76050 50th Avenue North. The item wa$ introduced by the (Mikros, Engineering, Secretary who stated the ppplicant has acquired the Inc.) large industrial buildingi;at tho-southeast corner of 50th and France Avenues North and intends to establish a plastic mo'M 6 mandfa cturing facility. He stated this use represented 4 major occupancy change from the previous ise which consisted of warehousing and storage .die start d extensive electrical and plumbing work is s:heduled and that plans have been submittedlindic t ng the existing and proposed parking, landsca�'ing, i hting, and screening 1 of the rooftop mechanicT1116quip t. . The Secretary stated the pprox m to 20,000 square foot structure is deficie t as o setbacks, parking spaces, and certain minimum sit mprovements. He reviewed the plan subm !tted by the applicant who stated a major concern wa ' elim n Ling the loading activities on the north We of the building adjacent to 50th Avenue. The Secroftary stated that with the two overhead door entranc s on France Avenue, and consistent with the Commi0ion'tOolicy to discourage industrial activity where it abuts residential zoning such as that to the north : it would be appropriate to fill in the existing driv w' ays, fgrade them and sod them as part of the north yard area. The Secretary also stated ghat he yard area on the north side should be comp tely rejuvenated including the boulevard and that ins Calla ion of underground irrigation should be incl ided t facilitate maintenance th of e area. He also rec �nendd that curbing be provided at the north end' of the France Avenue parking lot to provide physical doi�i neaili,on between the pavement and the turf. The Secretary explained tt tho building and site had a parking deficiaiicy approximately 9 stalls, based on- the oruiodnce in stri l_ parking provisions. He stated the ordinance p vide that, if there were adequate land area to sup rt t .p building area parking ratio, actual parking spa ' s need only be installed to meet the employee ratio u ' it C,h time the full complement of parking was leed 4 . He stated the applicant proposed to des ) nat an internal portion of the building as possible tur parking and that by reserving this area for a ' ntu l [use, the intent of the ordinance was satisfi J. In response to questions to hie design of the parking off of France Avenue, the acre airy stated that the Council under Application o. 6 U2$ had approved the paving of the approximate fd t wide 'boulevard area so that the full width of he sl deyard could be used for parking. Chairman Foreman inquired hethl the building was 11 equipped with an automata afire extinguishing system and the Secretary respond initheinegative. He stated that prior to physical re deli , the State Building Code required the buildin to b lso equipped, unless certain exiting and fire O st vre ;materials were provided. He said the pl $ sui Fitted 'indicated the applicant proposed to ins ll all access and appropriate wall and ceil g tr tments in lieu of an automatic fire extinguish ) g syl i 9-30-76 -6- The Secretary stated consideration should be given as to the applicability of the City ordinance re- quirement for automatic fire extinguishing system which is part of the community's fire prevention and protection policy. He stated the present application represented an instance wherein industrial building was subject to that ordinance requirements except that it was originally constructed prior to the adoption of the fire protection ordinance. The Secretary then reviewed various sites throughout the area and indicated that over time on a site-by- site basis, site and parking plans were being reviewed • with subsequent minimum improvements. He cited, for example, the Dale Tile facility, Standard Solvents Company premises, and the Brookdale Ford proposal considered earlier in the evening. Chairman Forerian recognized Mr. James Talmage, President of Mikros Engineering, and an extensive discussion ensued as to the proposed site improvements. Mr. Talmage stated that he was concerned that the loading facilities on 50th Avenue North be available for shipping and receiving and that he acknowledged the concern for the aesthetics of this north yard area. He stated that in his opinion both openings should be upgraded as much as possible but retained for use at least until 50th Avenue North is upgraded. He demonstrated on the floor plan how use of these facilities would be essential for periodic delivery of major shipments and agreed that the more regular active shipping could be conducted from France Avenue North entrances. Commissioner Scott stated that once the applicant had moved in and settled in the facility, at least the easterly most driveway and loading dock on 50th could be filled in, graded, and sodded as part of the yard area. Mr. Talmage stated that, given the many openings in the building including a new exit proposed as well as the proposed remodeling within the building, it was his understanding the State Building Code-was satisfied and he questioned the need for an auto- matic fire extinguishing system. He stated his cost estimates were high and that it would take approximately 150 years to amortize, based upon insurance company data. He felt that adequate safety and protection measures would be provided for the occupants of the building. He also stated that his proposed occupancy was not unlike the original occupancy of this building, which involved manufacturing, although he acknowledged the more recent occupancy had been a low intensity warehouse and storage use. During further discussion the Secretary responded to several questions explaining the differences between the State Building Code fire sprinkling requirements and the City fire protection policy. The City ordinance policy is based on the determin- ation that fire protection and prevention in the community should be shared by both the public and private sectors in the interest of maximizing the quality of fire services at a minimum cost to all parties. He stated the ordinance called for installation of a minimum coverage automatic fire extinguishing system connected to a central alarm service for all commercial and industrial buildings, and that the language of the ordinance spoke int efmg of new construction. He stated the significance of the issue went beyond the immediate application in that there a number of like buildings throughout the City which could be expected to come before the Commission and Council in the future for similar site and building plan review. -7- 9-30-76 Commissioner Kohrt stated that h felt the fire protection requirement and policy statement In Chapter 5 did not clearly encompass this building t other structures built prior to the adoption of the ord trance, and he inquired on what basis the Commission could recommend installation of such a system. The Secretary sug ested that it could be recommended to the City Council a condition of site and building .plan approval , an that if it was the determination of the Planning Commission and City Council that the re- quirement should apply to 'ligib a existing structures then'' the language in Chap ter 5 s 4uld be amended and clarified to that effect. • Motion by Commissioner Scott, se:'coded by Commissioner Recommend Approval Engdahl to recommend approval of pplication No. 76050 of Application No. submitted by 'vlikros Engineering, Inc. subject to the 76050 following conditions: (Mikros Engineering) 1 . Consistent with Section 35 .704, the designation of the west interior por+' 6 of the building, as shown on approved plan '' constitutes provision for adequate area for off feet parking spaces required by ordinance bas upon building size; and installation of said s aces may be deferred, subject to the following: a. The additional interi , required spaces shall be installed wh4deemed necessary by the City. b. The interior area shom on approved plans as designated future king shall not be altered or occupied ii ny manner which would diminish the ca ' ity and conversion to required parking s e without express approval by the 'City. 2. A performance agreement ail supporting financial guarantee (in an amount t e determined by the City Manager) shall be su 'tted to assure completion of site improvA nts shown on the approved plans, I. The north yard area shall rejuvenated and improved with sod, planti and underground irrigation including the a between the street and the property lithe. 4. There shall be no 1bading , , ; unloading of raw material or manufactured duct from the easterly loading dock on 51 h Avenue north. 5 . The easterly loading, dock I cess on the north side- shall be approp',riate filled, graded, and sodded as part of the ard area. 6. The westerly loadin dock cess on 50th Avenue North shall ie upg ed, repaired and curbed as approved by the 1,, ty Engineer. ' Continued use of this opeiil Eli hall be subject to review'at such Ome th Avenue North is upgraded. 71 All rooftop mechanical r�tent and all outside p q. , trash disposal facilities if any, shall be appropriately screened. 80 All. concrete walkways 'on site shall be repaired. ';: 9� The north edge of the Fralme Avenue parking area shall be appropriatellt curbed as approved by the City Engineer. 9-3076 -8- L LL _. 10. The building shall be qquipped with an automatic fire extinguishing system meeting N.F.P.A. Standard No. 13. The motion passed unanimously. Draft Ordinance Amendment The next item of business was consideration of to Chapter 35 Relative to a draft ordinance amendment to Chapter 35 regarding Side yard Setback Standards sideyard setback standards. The Secretary read the City Council minutes for September 13, 1976 wherein the Council directed the staff to prepare and the Planning Commission to review an amendment which would provide for a minimum dwelling sideyard is setback of not less than five feet on one side, provided the total sideyard setback distance on a lot was not less than fifteen feet. He stated the Council action had been taken preceding approval of Application No. 75035 submitted by Mr. Jack Welsh. An extensive discussion ensued. Chairman Foreman stated that the proposed amendment was not worthy of consideration unless the revised setback standards reflected the current minimum standard of three feet for accessory buildings resulting in a total sideyard distance of thirteen feet. Commissioner Horan inquired as to the intent of the language relative to no accessory buildings in the minimum ten foot sideyard between the dwelling and lot line, and the Secretary responded that this was to assure access to the rear yard for possible future garage construction. Action Disapproving Motion by Commissioner Engdahl , seconded by Commissioner Draft Ordinance Amendment Scott, to disapprove the draft ordinance change as submitted. Further discussion ensued and Commissioner Kohrt stated that he felt this was a major issue with community-wide ramifications, and he felt it merited careful joint consideration by the Commission and Council . He stated the issue had been tossed back and forth long enough and that a thorough review and analysis of an ordinance standard change should be made. Commissioner Pierce stated that he felt there were a number of related concerns in reducing the sideyard setback distance, such as the relation to the height of the building and he felt that perhaps further review would assure complete understanding of an ordinance standard change. Chairman Foreman called for a vote. Voting in favor: Chairman Foreman, Commissioners Engdahl , Scott, and Jacobson. Voting against: Commissioners Horan, Pierce, and Kohrt. The motion passed. Commissioners Engdahl and Jacobson stated that they did not feel the proposed ordinance change was desirable; that the ordinance standards should be left unchanged: that the .Commission has previously conveyed this recommendation; and, that the community • attitude survey earlier this year re-enforced that recommendation. Adjournment Motion by Commissioner Engdahl , seconded by Commissioner Jacobson to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 12:40 p.m. Chairman -9- 9-30-76 i I �' ., Ii i j I !, III I L,., ', ',.. i I i ..