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HomeMy WebLinkAbout1972 05-04 PCM Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 4, 1972 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at E:05 P.M. Roll Call: Chairman Jensen, Commissioners Bogucki, Grosshans, Scott, Foreman, Gross and Engdahl. Also present were Director of Public Works James Merila and Administrative Assistant Blair Tremere. Motion by Commissioner Foreman, seconded by Commissioner Scott to approve the minutes of the April 20, 1972 meeting. Motion passed unanimously. Following the Chairman's explanation, the Secretary introduced Planning Commission Application No. 72035 submitted by Shell Oil Company requesting a special use permit. He explained that the applicant is proposing to install a car washer in one of the existing service bays of the Shell Station at 66th and Lyndale Avenues North. He stated the installation of another overhead door is proposed at the west end of the south service bay and that additional surfacing and curbing would be provided on the site. The Secretary further noted that a staff survey of other commun- ities indicates few problems with service station use of mechanical car washers. Chairman Jensen then recognized Mr. S. F, Johnson, a representa- tive of the applicant, who explained the proposed operation which would entail free car washes with the purchase of gas. He stated that car washes would not be offered separately. In response to a question by Commissioner Foreman, Mr. Johnson explained that the operator of the Shell Station has terminated the trailer rental business and all rental units have been removed from the premises. The Secretary noted the staff recommendation that continuous perimeter cast-in-place concrete curbing be installed, rather than wheel stops, and that all unsurfaced driving and parking areas be surfaced. Chairman Jensen waived the reading of the names of notified property owners in that none were present. Motion by Commissioner Gross, seconded by Commissioner Foreman to recommend approval of Planning Commission Application No. 72035 submitted by Shell Oil Company subject to the following conditions: 1. Structural improvements are subject to the approval of the Building Inspector with respect to applicable building codes; 2. All driving and parking areas will be properly surfaced; 3. Continuous cast-in-place concrete curbing will be installed along the perimeter as indicated on the revised site plan; 4. The permit will be subject to review on an annual basis commencing from the date of issue. The motion passed unanimously. 1 1 1 -2- The next item of business was Planning Commission Application No. 72036 submitted by E-Z Haul Rental Company. The item was intro- duced by the Secretary who stated the applicant is requesting a spe- cial use permit as required by Section 35-322 (3a) to operate an E-Z Haul Rental Service on the site of the Texaco Service Station at 66th and Lyndale Avenues North. The Secretary noted that the activity was being pursued prior to the application and has continued to date. Chairman Jensen recognized a representative of the applicant, Mr. J. Mancini, and inquired as to why the E-Z Haul Company had not checked with the City relative to the code requirements and had not secured the necessary permit before commencing operation. Mr. Mancini responded that apparently there had been some misunder- standing between the applicant and station operator and that the applicant had immediately applied for the required permit upon notification that one was required. The Secretary noted the staff concern that the number of vehicles be limited to 8 trailers and 4 trucks as indicated on the submitted plans, and that the required parking areas be confined to the setback areas indicated. He noted further that there was a need for con- tinuous cast-in-place concrete curbing around the site, rather than wheel stops, as well as surfacing of the remainder of the site, other than designated green areas. Chairman Jensen waived the reading of the names of the notified property owners in that none were present. Commissioner Engdahl voiced his concern that a time limit be set for the necessary improvements as a condition of recommended approval. He further stated his concern that a maximum size be set for the trailers and trucks which would be stored and rented on the property. Following a brief discussion there was a motion by Commissioner Foreman, seconded by Commissioner Engdahl, to recommend approval of Planning Commission Application No. 72036 submitted by E-Z Haul Rental Company subject to the following conditions: 1. The number and type of rental units shall be limited to no more than 8 trailers and 4 trucks; 2. The size of the trailers shall not exceed 5 feet by 8 feet and the size of the trucks shall not exceed a body ' length of 18 feet; 3. Parking of the rental units shall be confined to those areas and setbacks as indicated on the plan submitted; 4. Continuous cast-in-place concrete curbing shall be installed along the northerly and westerly sides of the site; 5. All driving and parking areas shall be properly surfaced; 6. The permit shall be subject to the condition that stipulated site improvements shall be completed within 60 days from the date of approval, and shall be subject to review on an annual basis from the date of issue. The motion passed unanimously. 1 1 1 The next item of business was consideration of Planning Commission Application No. 72037 submitted by First Flcrida Building Corporation. The Secretary introduced the item and stated the appli- cant is requesting site and building plan approval for the interior and exterior renovation of the Burger King Restaurant at 61st and Brooklyn Boulevard. Chairman Jensen recognized Mr. Richard Cieske and Mr. Douglas Day, representatives of the applicant, who reviewed the proposed site and building plans. The Secretary commented that the staff had consulted with the applicant relative to certain revisions of the submitted plans. He noted the following factors were considered: curbing, parking, lighting, fencing and signery. He stated the recommendation was for 6-inch continuous concrete curbing along the perimeter of the site three feet from the property line, rather than concrete wheel stops. Relative to lighting, he noted the recommendation was for non- glare lighting and that there was some doubt whether the lighting indicated on the submitted plans would meet that requirement. Relative to fencing, the Secretary stated that the existing fence appears to be adequate in prohibiting continual pedestrian traffic from adjacent properties. Chairman Jensen then recognized Mr. Richard Gunderson, 6109 Beard Avenue North, who stated his concern with the quality of fencing and with the amount of traffic generated by the restaurant through an adjacent vacant lot. Mr. Gundercon briefly reviewed the history of the neighbor's concern over the trespassing through the property owned by Mr. Boyer Palmer. He stated he felt that the Burger King Restaurant, as s successful business, should have a sense of responsibility towards the community. He noted that he had been in communication with the company severaltimes but no remedial action had been taken relative to the pedestrian traffic problem. Chairman Jensen inquired whether Mr. Gunderson had specific comments relative to the application and Mr. Gunderson responded that he felt the renovation plans were of good quality and his primary concern was the rear concrete fence. He noted that the applicant had maintained the westerly side of the fence facing the business, but had tended to neglect the upkeep of the side facing the residential property to the east. Relative to parking, the Secretary noted that 54 spaces were provided and that these met the code requirements, based upon the applicant's appraisal of the new seating capacity which would not exceed the existing capacity. Relative to signery, the Secretary stated that there was no indication that the existing freestanding sign will be replaced or that another type will be substituted. He noted that the initial plans indicated another sign attached to the building as well as a lighted red plastic strip around the roof parapet. Mr. Cieske stated that the applicant desired to comply with the City sign requirements and had agreed not to install the building sign and that the red roof parapet strip would not be lighted. 1 1 1 Relative to the exterior facilities, the Secretary stated the staff concern with the small eating area located in the front parking area as indicated on the :submitted plans. He said consid- eration might be given to relocating this facility to the east, towards the building. A brief discussion ensued relative to the facility and Mr. Cieske explained the applicant preferred V.) leave the areas as indicated, and noted that it would be screened with landscaping. In response to a question by Commissioner Engdahl, he stated there would be a trash disposal facility located there in addition to the trash containers located around the site. Commissioner Bogucki stated that it appeared there were no problems with the facility as indicated; and the Secretary commented that the staff concern was with the aesthetics of an eating area in the midst of a parking lot. Chairman Jensen noted the applicant's contention that the small area was primarily an architectural treatment and was not intended as a primary eating facility for restaurant customers. Following further discussion, there was a motion by Commissioner Scott, seconded by Commissioner Bogucki, to recommend approval of Planning Commission Application No. 72037 submitted by First Florida Corporation subject to the following conditions : 1. Building and site plans are subject to the approval of the Building Inspector with respect to the applicable building codes; 2. Six inch continuous cast-in-place concrete curbing will be installed around the perimeter of the parking areas as indicated on the revised plans; 3. Lighting will be non-glare; if the lighting indicated on the plans is installed, it will be subject to review and removal if deemed unsatisfactory; 4. Plan approval is exclusive of any signery; 5. 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. Motion passed unanimously. Chairman Jensen offered further comments relative to the status of the adjacent lot and requested that the staff present available materials relative to the Boyer Palmer property at a future study meeting. The next item of business was consideration of Planning Commission Application No. 72034 submitted by Mr. Dale Dahlberg. The Secretary introduced the application and stated the request was for a special use permit as required by Section 35-322 (3x) to operate a U-Haul Rental service on the site of the D-X Service Station at 65th and Humboldt Avenues North. He noted that this activity was being pursued prior to the application and has continued to date. Chairman Jensen recognized Mr. Gutzke, representing the U-Haul Company and the applicant, and inquired why the City had not been contacted and why a permit had not been secured prior to the 1 1 1 -6- The next item of business was continued consideration of Planning Commission Application No. 72018 submitted by Wyman Smith for R. W. Steiner. The Secretary noted that the application had been tabled at the April 6, 1972 meeting, to permit the owner the opportunity to develop a master plan concept for the entire 8 acre parcel. He stated that the application, per se, was requesting site and building plan approval for two buildings to be located on 69th Avenue between Fremont and Girard Avenues North. Commissioner Foreman stated -that he would not take part in the deliberation of this application since he was a participant in the proposed development of the property adjacent to the subject parcel and he left the table at 9:40 P.M. Chairman Jensen then recognized the applicant and Mr. Thomas, a planner, and there then ensued a review of the concept of possible development of the rear six acres. The Director of Public Works stated that the concept was of one possible use, and that the primary concern of the staff has been that proper study and planning be conducted for providing future use, access, and utilities to the area south of the proposed development. He stated that it was the staff recommendation that a registered land survey be submitted for the entire area, which comprehended a subdivision providing for a 60 foot wide area east of the proposed development to be used for access to the large vacant parcel to the south. He further stated that the dedication for a public roadway was not required at this time. He added that if a public road were required eventually, the 60 foot width would satisfy ordinance requirements. He noted further that a 25 foot side yard setback would thus be required between the westerly line of the access area and the easterly most building of the proposed 69th Avenue development to meet ordinance requirements. He explained the ramifications of the setback which would entail a reduction in the size of one of the buildings. The Secretary further commented that the western driveway would be subject to securing a written easement from the owner of the adjacent property, namely, Transcontinental Development Corporation. Mr. Smith responded that the applicant had discussed this easement as well as the required easement at the southern end of the property with Transcontinental and that such easements would be secured. Commissioner Gross voiced his concern that such easements, as well as a registered land survey, should be presented to the City prior to final action on the proposed development. Mr. Smith commented that the owner had conducted a feasibility study, considering prior suggestions and ideas of the Planning Commission and the City staff relative to the overall development of the land, and had concluded that the probable development would include offices, clinic type uses, and some retail use that did not require frontage exposure. Commissioner Bogucki inquired whether the area would be adequately served with necessary utilities as well as whether the overall access was adequate. 1 1 1 -7- The Director of Public Works responded that adequate provision was indicated on the submitted plans for the utilities and that the applicant had indicated a roadway easement would be secured at the southern edge of the property as well as the 69th Avenue driveway. Mr. Smith stated that a Registered Land Survey would be sub- mitted to the City. In response to a question by Commissioner Jensen, the applicant stated that the owner recognizes the City's concern with commercial development abutting residential property, and was considering appropriate fencing and screening as well as compatible uses of the subject land. A brief discussion ensued relative to the fencing requirements. Chairman Jensen then polled the Commission relative to the conceptual proposal and it was the consensus of the Commission that the plans submitted represented a quality concept as well as the applicant 's awareness of the need for a master plan approach to the development of the entire parcel. It was also the consensus of the Commission that the matter should be laid over until the May 16th study meeting to permit the applicant an opportunity to secure a registered land survey, written easements from the adjacent property owner, and to further update the plans noting recommended changes. Consideration of the site and building plans for the two buildings on 69th Avenue North was thus deferred until the May 18th meeting. In further business a brief discussion ensued relative to the Marvin Gorton property. Chairman Jensen noted the comments of the Park and Recreation Commission relative to the inquiry of Commissioner Boguski, as to whether the land should be acquired by the City for park or open space use. He noted that, in general, the Park and Recreation Commission did not perceive the feasibility of acquiring the land for park or open space uses. Chairman Jensen further stated that substantial time and effort had been devoted to the matter and upon presentation of an opinion by the City Attorney relative to the applicant' s suggested development of "single family attached"dwellings on the property, further consideration would be contingent upon the applicant's formal submittal of an application for site and building plan approval. In other business, Commissioner Bogucki stated that May 6th was the deadline for input of governmental bodies, individuals, and other interested parties relative to the proposed improvement of FI-94. He stated the Planning Commission should consider submitted a letter setting forth the concerns of the Planning Commission. Discussion then ensued relative to the content and Chairman Jensen summarized the basic points which would be set forth: a more accelerated program of construction should be urged, protection of the integrity of the affected property should be a foremost consideration; adequate buffer zones and effective sound abatement devices should be especially noted, wherein cul-de-sacs could be developed, and the frontage roads could be vacated, thus expanding the area available for the installation of necessary buffering; and, as the Planning Commission is vitally concerned with the 1 1 1 aesthetic landscaping considerations between non-compatible land uses, so should the highway authorities be concerned with appro- priate landscaping provisions between the freeway and residential uses. It was the consensus of the Commission that the staff should be directed to compose such a letter setting forth the noted points and to submit said letter by the May 6th deadline. Motion by Commissioner Grosshans, seconded by Commissioner Bogucki, to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 10:55 P.M. f Chairman f' 1 1 1