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HomeMy WebLinkAbout1970 07-02 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota July 2, 1970 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:45 P.M. Roll Call: Chairman Robert Jensen, Commissioners Carl Schuller, Paul Ditter and Henry Bogucki. Also present were, Fames Merila, Jean Murphey, Tom Loucks and B. E. Peterson. Motion was made by Commissioner Schuller and seconded by Commissioner Ditter to approve the minutes of the May 28th study session and minutes of the June 4, 1970, regular meeting as sub- mitted. The motion carried unanimously. Following the Chairman's introductory comments, the first item of business was Application No. 70014 submitted by Richard Zejdlik requesting rezoning from R1 to R3 the vacant property commonly described as the 6700 block on the west side of Orchard Avenue North. This application was last considered at the regular meeting of May 7, 1970, when said application was tabled in order to refer it to the Northwest Neighborhood Committee. The application was introduced by the Secretary as a request for rezoning from R1 to R3 to permit the construction of town- houses on the west side of Orchard Avenue between 67th and 68th Avenues. He commented that the' lots on the east side of Orchard Avenue are zoned R2 and were at one time considered for a nursing home site. He recommended that if the property on the west side of Orchard Avenue ws rezoned to R3 then acknsidaratian should be given to rezoning the property on the east side to R3 or even R4 in order to provide transitional zoning consistent with the Comprehensive Plan and to avoid the appearance of spot zoning. Chairman Jensen then recognized the applicant, Mr. Richard Zejdlik, who commented that he was a partner of a group which owned the vacant land east of the subject property and that he world' have no objection to having that land rezoned from R2 to R3 or R4•. He stated that he would be willing to amend his application accordingly. Commissioner Schuller questioned whether or not the applicant had to make a separate application or could amend his application in order to rezone the easterly property from R2 to R3. Chairman Jensen commented that the Commission could recommend that Appli- cation No. 70014 be approved subject to the land east of the subject application being rezoned and thus have a re-hearing. Chairman Jensen recognized affected property owners, Mr. and Mrs. M. H. Haenze, 6800 Orchard Avenue North, who expressed con- cern regarding the proposed townhouses that are planned for this area. Commissioner Bogucki responded that at the time of site and building plan approval, the Commission would look very closely at landscape plantings and parking epace provisions. Following further comment among the Commissioners, a motion was made by Commissioner Schuller, seconded by Commissioner Ditter, to recommend to the City Council that Application No. 70014 submitted by Richard Zejdlik, requesting rezoning from Rl to R4 that vacant property commonly described as the 6700 block on the west side of Orchard Avenue North, be approved with the recommend- ation that the City Council initiate a zoning change for the land adjacent and east of the subject property to R3. The motion carried unanimously. .. � a� .. �' � .4 �. � , t -2- The Planning Commission next considered two closely related applications submitted by Nordquist Sign Company for Brookdale Ford, Application No. 70027 requesting a variance from 32 feet to 43.6 feet and Application No. 70028, a variance to permit a second freestanding sign in lieu of numerous existing used car signs. The property is located at 2500 County Road 10. The Secretary introduced Application No. 70027 and explained that Dayton Development Company has agreed to allow Brookdale Ford Company to construct its proposed sign to the maximum sign height allowed by the City Ordinance, or 32 feet. Chairman Jensen then recognized the applicant, Mr. Robert Larson who requested that this application be withdrawn. The Commission next considered related Application No. 70028 submitted by Nordquist Sign Company for Brookdale Ford requesting a variance to permit a second freestanding sign in lieu of existing used car signs. The Secretary referred to a previous Application No. 68071 which requested a second freestanding sign and which was denied by the Planning Commission and the City Council in February, 1969. Chairman Jensen then called upon Mr. Larson to explain the reasons for this variance. Mr. Larson commented that the Ford Motor Company is undertaking a nation-wide program to improve the identification of its dealerships through a standardized system of signs. Presently there is only one freestanding identification sign for six acres. (During this discussion, Commissioner Nichols arrived at 8;20 P.M.) Mr. Larson further stated that the nature of the business involves outdoor sales and display over a con- siderable amount of land. Chairman Jensen commented that in order for a business establishment to have two freestanding signs under the provisions of the sign ordinance said business would need to abutt two or more streets which are at least collector or arterial in character and the abutment on each street must be 400 feet. At this time Mr. Murphey commented to the Commission that there are six automobile dealerships in Brooklyn Center, five of which have non-conforming signs identifying used car sales areas and one automobile dealership (Dodge) which has not been permitted used car signery. Chairman Jensen commented that he was not opposed to the concept of allowing a second freestanding sign for used car identification. Commissioner Schuller commented that all automobile dealerships should conform to sign ordinance requirements. Following further discussion, a motion was made by Commissioner Bogucki and seconded by Commissioner Schuller to table Planning Commission Application No. 70028 requesting a variance to permit a second freestanding sign in lieu of existing used car signs and take it under advisement, referring it to the staff to study the need for permanent second freestanding signs to identify used car areas at automobile dealerships. The motion carried unanimously. The Commission next considered amended Application No. 68057 submitted by Brooklyn Center Assemblies of God Church requesting approval of a revised site plan for the property located at 6018 Xerxes Avenue North. Following its introduction by the Secretary, and a discussion with the representative of the applicant, Mr. McCombs, a motion was made by Commissioner Nichols, seconded by Commissioner Bogucki to recommend to the City Council approval of an amendment to Application No. 68057 requesting revised site plan approval for 1 1 i -3- the Brooklyn Center Assemblies of God Church located at 6018 Xerxes Avenue North subject to the following conditions: 1) utilities and drainage plans showing elevations are subject to the approval of the City Engineer; 2) The existing performance bond be continued until this work is completed. The motion carried unanimously. The next item of business to be considered were Planning Commission Applications No. 70036 and 70037 requesting approval of a Registered Land Survey and site and building plans, respectively, for a neighborhood shopping center at the southeast corner of 69th and Humboldt Avenues North. The matter was introduced by the Secretary, who explained that there were two previous applications in March of 1969, No. 69006 and 69007, for the same area. The Secretary further commented that the proposed Registered Land Survey includes a 40 foot wide tract of land that can be used for access to the easterly 8 acres of said Lot 2, Block 1, Chairman Jensen then called on Mr. Korsunsky, Architect, to comment on the site and building plans for the shopping center. Mr. Korsunsky commented that the false front referred to as a mansord roof has been modified in order to identify the individual shopping units within the center. It was explained to members of the Commission that the shopping center would be built in two phases. Phase one would consist of a City liquor store, a con- venience food store, dry-cleaners, beauty shop, and three unassigned sections. Mr. Goldberg, owner, then commented that he hoped to have letters of intent from the tennants within a week. During review of site and building plans, Mr. Korsunsky expressed the feeling that the proposed mansord roof would provide adequate screening for roof mounted equipment. However, for the south end, a temporary roof screen will be placed because of the possibility of future expansion of the Phase 2 area. A motion was made by Commissioner Ditter and seconded by Commissioner Nichols to recommend to the City Council that Appli- cation No. 70036 submitted by Ronald Krank requesting approval of subdivision by Registered Land Survey for property located at the southeast corner of 69th and Humboldt Avenues North be approved subject to the subdivision requirements. The motion carried unanimously. Motion by Commissioner Bogucki and seconded by Commissioner Schuller to recommend ,to the City Council that Planning Commission Application No. 70037 submitted by Ronald Krank requesting approval of site and building plans for a neighborhood shopping center located at the southeast corner of 69th and Humboldt Avenues North be approved subject to the following conditions: 1) Utility and drainage plans and adequate site elevations must be presented to the City Engineer for approval; 2) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 1 1 1 -4- 3) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; 4) Any mechanical equipment and vents on the roof should be adequately screened; 5) Installation of concrete driveway islands of a design approved by the City Engineer; 6) The installation of curbing on the east side of the lot and the north side east of the service station may be deferred for three years to give time for development of adjacent property with the following provisions: a) The curbing shall be installed prior to the 3-year period if problems arise and the City deems installation necessary; b) If during this period of time the adjacent areas should develop with a plan that would not require the curb, and the City approves said plan, the City could waive the curb requirement in these areas, 7) Parking lot perimeter curbing* other than listed in Item No. 7, shall be installed and parking stalls shall be painted, all as specified by the Zoning Ordinance; 8) An approval of this application does not include approval of any signs. The motion carried unanimously. The Planning Commission recessed at 9:29 P.M. and reconvened at 9:40 P.M. The next item for consideration was Planning Commission Application No. 70040 submitted by James Fisher for Arthur Treacher's Fish and Chips, requesting site and building plan approval for a Fish and Chips restaurant on property located at 5635 Xerxes Avenue North. The applicant, James Fisher, commented that there are presently 125 Fish and Chips restaurants, 400 under construction and 200 more in the planning. The applicant feels that the installation of a mansord roof on all four sides would not be consistent with their national image. Chairman Jensen then commented to the applicant that the present sign ordinance does not allow for signery on a mansord roof. Mr. Murphey commented that he has been in contact with the sign company in California regarding the City's ordinance requirements on signs. There followed a discussion on extending the mansord roof around the entire Fish and Chips Restaurant. The applicant presented a standard model of a Treacher Fish and Chips Restaurant and stated that this was a typical model where the mansord roof exists only on a corner portion of the roof. Concern was expressed by members of the Commission that the mansord roof should be extended clear around the entire roof line. Another item of discussion with the applicant was the need to install an underground sprinkler system. -5- Following the above discussion, a motion was made by Commissioner Ditter and seconded by Commissioner Nichols to recommend to the City Council that Planning Commission Application No. 70040 requesting site and building plan approval for a Fish and Chips Restaurant be approved subject to the following conditions: 1) Utility and drainage plans showing elevations must be presented to the City Engineer for his approval; 2) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted; 4) Installation of concrete curbing subject to the approval of the City Engineer; 5) That the conditions set forth in the Public Health Sanatarian's letter of June 29, 1970, must be met; 6) The solid waste container be placed in an approved enclosure attached to either the west or south side of the building; 7) That approval of this application does not include any signs. The motion carried unanimously. The next item of business to be considered was Planning Commission Application No. 70039 submitted by Volp Construction Company on behalf of Northwestern Bell Telephone Company requesting site and building plan approval for a combination office and service building on property commonly located at 6540 Shingle Creek Parkway. The Secretary explained that outdoor storage of material as proposed in the site and building plans is not permitted in an I-1 district. Chairman Jensen then recognized Glyn Burnett of Volp Construction Company and Steve Krogness of B.C.I.P. , the owner of the proposed Northwestern Bell office and service building, who commented that outside storage in this case would consist of very heavy telephone wire reels which would be difficult to store inside. Following this discussion, the staff and Commission discussed with the applicant the need for an underground sprinkler system along Shingle Creek Parkway. The staff commented to the Commission that the present two speculative buildings at 1600 and 1700 - 65th Avenue have an underground irrigation system. Mr. Steve Krogness concurred in the need for installing an underground sprinkler system along Shingle Creek Parkway. The Commission next expressed that the matter of outside storage should properly be handled as a variance since it is definitely prohibited by the ordinance. Commissioner Ditter questioned the applicant on future storage plans in order to ascertain if outside storage in this case was peculiar to their operation. The applicant conceded that it was very necessary in their operation of business to storey heavy telephone reels outside. Public Works Director James Merila- then commented 1 1 -6- on the need for a five foot minimum between setbacks between parking lots in order to obtain a small open area between the cars that are parked front to front and to obtain a large enough area so that grass could be properly maintained. Notion by Commissioner Paul Ditter and seconded by Commissioner Henry Bogucki to recommend to the City Council that Planning Commission Application No. 70039 requesting site and building plan approval for the Northwestern Bell Telephone Company be approved subject to the following conditions: 1) It is recommended that a variance be granted the applicant because the Commission recognizes that it would be an undue hardship to the applicant to prohibit outside storage of extremely heavy reels that are difficult to store and handle inside a building 2) Utility and drainage plans showing elevations must be presented for approval to the City Engineer and he must also approve overall site elevations; 3) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 4) A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted; 5) Any mechanical equipment on the roof shall be adequately screened; 6) That there be a five foot minimum setback for all curb installation; 7) Installation of underground irrigation sprinkler system along Shingle Creek Parkway. The motion carried unanimously. The last item considered was Planning Commission Application No. 70034 requesting a subdivision of Mound Cemetery Second and Third Additions. The Secretary explained to the Commission that a portion of the Mound Cemetery Third Addition was leased to the City for park purposes for 75 years, and that according to the State Statutes, M.S.A. 306.65, and the requirements of the Platting Ordinance, Chapter 15, it is necessary that cemetery associations file plats. Public Works Director James Merila suggested that said application be tabled in order to allow the staff to examine whether or not cemetery plats must delineate individual grave sites. Motion by Commissioner Charles Nichols and seconded by Commissioner Henry Bogucki to table Application No. 70034 requesting preliminary plat approval for Mound Cemetery Second and Third Addition and take it under advisement in order to allow the staff to determine whether or not cemetery plats must indicate individual grave sites. The motion carried unanimously. 1 1 1 _7- At this time Chairman Jensen and other members of the Commission discussed with Commissioner Charles Nichols his attendance at Planning Commission meetings. Chairman Jensen commented that Commissioners should not miss 3 consecutive meetings in a row and if this is the case, then the Commissioner should resign. Commissioner Nichols commented that he has been unable to attend some of the Commission meetings because of various job conflicts which have come about since he became a member of the Commission. He cited that, for example, he is a member of the President's Commission on Vocational Education and that this has required considerable amount of his time away from his present job. He did state, however, that he hoped to spend more time with the Planning Commission starting in January. Commissioner Bogucki then commented that there is a definite need for a temporary walkway on 69th Avenue North west of Osseo Road to Zane Avenue in order to provide some protection for children that will be attending the new junior high school presently under construction in Brooklyn Park. commissioner Bogucki stated his concern for this because 69th Avenue North west of Osseo Road is the main route that Brooklyn Center school children will use to attend the new junior high school in Brooklyn Park. The City Engineer commented that the most hazardous location is in Brooklyn park at the location of the creek crossing just west of Brooklyn Center. He also stated that this area would be the responsibility of Brooklyn Park and Hennepin County. Following discussion among each of the Commissioners, a motion was made by Commissioner Henry Bogucki and seconded by Commissioner Karl Schuller to recommend to the City Engineer and the City council that every effort be made to construct a temporary walkway (even if only granular) on 69th Avenue North west of Osseo Road in order to provide protection for Brooklyn Center students going to the new Junior High School and that every effort be made to pursuade Hennepin County to assist in this endeavor. The motion carried unanimously. Motion by Commissioner Henry Bogucki, seconded by Commissioner Karl Schuller, to adjourn. The motion carried unanimously. The Planning Commission adjourned at 10:51 P.M. Ch rma 1 1 1