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HomeMy WebLinkAbout1975 11-13 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 REGULAR MEETING CITY HALL NOVEMBER 13, 1975 Call to Order! The Planning Commission met in regular session and was called to order by Chairman Pro tem Robert Foreman at 8:45 p.m. oll Call , Chairman Pro tem Foreman, Commissioners Scott, Jacobson, and Horan. Also present were Director of Public Works James Merila , Director of Planning and Inspection Blair Tremere. Application No. 75040 Following the Chairman's explanation, the first item of (Elmer Peterson) business was Planning Commission Application No. 75040, submitted by Mr. Elmer Peterson, 5350 Logan Avenue North. The item was introduced by the Secretary who stated the applicant seeks a variance to erect a garage which would be 15 feet from the side lot line; the variance is for 10 feet, since the established corner side yard is 25 feet. Chairman Pro tem Foreman recognized the applicant and an extensive discussion ensued as to the substance of the request: 1 . The new structure would replace the existing garage which is 10 feet from the side lot line. 2. The new garage would be in line with the dwelling, built in 1951 , which is 15 feet from the side lot line (the then legal setback). 3. A set back of more than 15 feet would disturb, and a 25 foot setback would require removal , of an approximate 12" caliber mature ash tree. The applicant stated that his intent was to build a larger garage to accommodate his vehicles and storage needs and to improve his property, He stated that the removal or disruption of the healthy shade tree would present a hardship and that he felt the location of the garage was consistent with similar garages abutting the newly paved alley-way in the neighborhood, The Secretary said that the intended access would be from 54th Avenue, as with the present garage, and in response to a question by Commissioner Horan, that there would be no obstruction of the traffic sighting caused by the new structure. Chairman Pro tem Foreman announced that a public hearing had been scheduled and recognized the resident of 5401 Logan Avenue North, who stated he had no objection to the request and that the proposal would upgrade the area while retaining the existing shade tree, ose Hearing Motion by Commissioner Scott seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. Recommend Approval of Following `urther discussion as to the basis for the re- Application No. 75040 quest involving a property in the R-2 district of the (Elmer Peterson) Southeast Neighborhood, there was a motion by Commissioner Scott to recommend approval of Application No. 75040, -1- 11-13-75 submitted by Mr. Elmer Peterson to permit construction of an accessory building within 15 feet of the side lot line, provided all other Zoning Ordinance area and setback require- ments are satisfied. The motion passed un- animously. The next item of business was consideration of Application Nom 75041 Application No. 75041 , submitted by the Assemblies (Assemblies of God Church) of God Church. The item was introduced by the Secretary who stated the applicant had negotiated the purchase of the King's Academy Day School , 6120 Xerxes Avenue North, which was adjacent to the church property at 6018 Xerxes Avenue North. He stated the request was for a special use permit to continue the day school/nursery operation. The Secretary reviewed the concerns the Planning Commission had voiced with respect to the existing special use permit approved under Application No. 68032, which was last reviewed on February 6, 1975. He stated that basic site improvements had not been completed and the present operator of the facility had failed to submit the information requested by the Commission at that earlier meeting. He stated the present operator had been informed that the special use permit would be effectively revoked upon the expiration of his State operating license on December 1 . The Secretary noted that the applicant had sub- mitted an accurate site plan which responded to the areas of concern, namely delineation of the parking and driving area; provision for a secure fenced play area; sodding and upgrading of the landscape; and elimination of the unauthorized curbcut onto Brooklyn Drive. He explained that the plan indicated a future curbcut connecting the two existing parking lots for the church and King's Academy, as well as a pedestrian walkway connecting the two sites. He stated that the applicant also proposed that the curbing of the King' s Academy parking lot be deferred until 1977. Chairman Pro tem Foreman recognized Mr. SkiN McCombs who represented the church and who stated that the applicant fully recognized the need to upgrade and maintain the site. He com- mented that the applicant was currently in the process of determing the extent of the operation and the possible use of the existing church facilities in conjunction with the day care and nursery operation. With respect to the operational aspects , the Secretary explained the premises of both the church and King' s Academy had been inspected earlier this week by local building and health officials, as well as a representative of the State Department of Welfare. He explained that their reports would be forthcoming and; consistent with the standard condition of approval for such uses, the special use permit would not be issued until compliance was achieved with all applicable codes and regulations. Chairman Pro tem Foreman noted that a public hearing had been scheduled and recognized the -2- 11-13-75 resident of 6219 Brooklyn Drive, who stated that his primary concern over the years has been that the property lacked proper maintenance and was in need of basic improvements and upgrading. He noted, for example, the large quantity of dirt that the previous owner had piled and eventually spread throughout. the site, apparently with the intent to sod the area, which was never accomplished. He stated the large yard consisted of little viable turf and many weeds , and that the unauthorized driveway onto Brooklyn Dave was still utilized for access to the unpaved parking area to the rear of the building, He stated the bi-99est impact on the neighborhood, as he saw it., was one of dirt and dust as well as aesthetics , and that while he appreciated the work involved in maintaining such a large site, it was nonetheless a reasonable �expectatuon that basic maintenance would be performed, He also stated his concern that a designated play area should be provided on the site to alleviate the predominant use by the facility of the Central Park public fac5lit4es for its own private operation. The Secretary stated that review of the `site and the plans showed that sodding of those unturfed area. and provision for an enclosed play area , as stipulated by State regulations for, day care centers , should alleviate the bulk of the concerns in the neighborhood. He recommended with respect to the proposed deferment of curbing of the parking area , that it would be in order provided that it would be installed sooner if an inter- connecting curbcut between the two parking lots were approved„ The Secretary also recommended that the proposed pedestrian wlakway be installed as soon as possible, and explained that this also was a. State concern, since there was a possibility of pedestrian traffic between the two buildings., Close Hearing Motion by Commissioner Jacobson seconded by Cor,missioner Scott to close the public hearing„ The motion passed unanimously, Commissioner Scott inquired as to the amount of cross- traffic_ between the two buildings involving children, and Mr,, McCombs responded that the intention was there would be very little. He explained, for example, that arrangements were being made, consistent with the recom- mendations by the local health official , so meal serving could be arranged with a minimum of crossing between the buildings. Commissioner- Horan stated that he appreciated the con- cerns, of the neighborhood as to the site aesthetics , which were less than desirable, and suggested that the applicant consider the installation of additional trees in the. Xerxes avenue--Brooklyn Drive portion of the site In response to a question by Chairrion Pre tem Foreman, Mr.., McCombs explained the applicant intended to commence the site improvements as soon as possible in the spring and that perhaps sortie could be accomplished yet this fall . In further discussion, the Secretary was asked to ex- plain the relationship of the special use permit versus the State ssued operating license. He stated the special ose permit was a zoning matter- and primarily one of +ssoring that the site was properly designed and main- tained to minimize the impact on the surrounding area, -3- 11-13-75 He noted furthermore, that as a condition of the permit, a current copy of the State license should be on file to assure compliance with existing re- gulations in all other respects. He emphasized, however, that, the special use permit did not re- present City regulation of the operation of day care centers, and in that context was not a license, Commissioner Scott stated her concern that plans should be clarified as to those areas which should be rejuvenated through seeding, versus those areas which contained no viable turf and thus should be sodded, Motion by Commissioner Scott seconded by Commissioner Recommend Approval of Jacobson to recommend approval of Planning Commission Application No. 75041 Application No. 75041 , submitted by Assemblies of God (Assemblies of God Church Church, subject to the following conditions: Re: King' s Academy) 1 ,,, The permit is issued to the applicant as operator of the facility, and is nontransferable. 2. The permit is subject to compliance with all applicable codes, ordinances and regulations, and violation thereof shall be deemed grounds for revocation , 3. A current copy of the required State license shall be kept on file with the City. 4. The operation is subject to at least annual review,, 5. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements. 6, Parking lot Curbing, as approved by the City Engineer , shall be installed by October 1 , 1977, unless a proposed driveway to the adjacent parking lot is sooner approved and installed, at which time said curbing shall be installed. 7� The pedestrian walkway shown on approved plans shall be installed by June 1 , 1976 should the approved use of Assemblies of God Church facilities by King' s Academy involve student passage between buildings. The motion passed unanimously. In a related matter, the Secretary stated that the AssembIles of God Church, under Application No. 68057, has approval to allow the use of its building by King' s Academy for not more than 20 students. He stated the applicant had indicated consideration of expanding this use to the extent allowable by the State operating license, and he explained that approval of that action would technically require amending the special use permit for the Assemblies of God Church. He stated that the applicant was in the process of de- termining the degree to which the church building would be utilized since it was better suited for educational activities, and particularly meal preparation, and in- quired as to whether arrangements for such use could be made prior to the formal public hearing on December, 8. It was the consensus of the Commission that, subject to -4- 11-13-75 approval by local and State officials as to pertinent regulations and codes, arrangements could be made for the expanded use of the Assemblies of God educational facilities, pending affirmation of that use at the next regular meeting. Application No. 75042 The next item of business was consideration of Applica- (Tire City, Inc. ) tion No. 75042, submitted by Tire City, Incorporated. The item was introduced by the Secretary who stated the applicant is the tentative buyer for the service station at 6810 Brooklyn Boulevard, which was last reviewed as to site and building plan amendments in 1967 He stated that service stations are special uses in the C-2 District and that the application was for a special use permit by the new owner. The Secretary reviewed the existing site conditions ex- plaining that there were several deficiencies which are attributed to the lack of maintenance and/or failure to initially install certain improvements, He reviewed the updated site plan submitted by the appli- cant, indicating the proposed improvements to the site, particularly the provision for paving and curbing; land- scaping, including underground irrigation; delineation of parking spaces ; provision for enclosed trash area; and the removal of an unused fuel pump on the north side of the building. The Secretary also noted that the property consists of two tracts from two registered land surveys, and recommended that the property be combined through platting or registered land survey, consistent with the requirements of the Zoning Ordinance. Chairman Pro tem Foreman recognized Mr, Wedell , who represented the applicant and an extensive discussion ensued. The Secretary commented the applicant had in- dicated possible redevelopment of the property in the future, using the large area to the rear of the existing station. In that context, it. was requested that: 1 ) the rear area be seeded and left in its natural state, deferring sodding and installation of underground irrigation; and 2) that the curbing along the east edge of the paved area be approved as temporary bituminous rather than concrete B-612 curb and gutter, pending future development, Chairman Pro tem Foreman noted that a public hearing had been scheduled and that none of the notified property owners was present. Close Hearing Motion by Commissioner Horan seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. Further discussion ensued as to the outside trash dis- posal area, to include adequate screened area for used tires and other automotive parts. Commissioner Scott also stated her concern that the seeded turf should be properly maintained and not left in a "natural " unmain- tained state. Mr. Wedell stated that definite plans had not been made as to future development, although it was likely given the amount of land available on the site. He stated that with respect to signery, if the present signery were to be altered or replaced plans would be sub- mitted for review as required by the City ordinances. In response to a question by Chairman Pro tem Foreman, the Secretary stated that the site improvn`ts were consistent with those approved for and installed by the McKee Service station to the north of this property. -5- 11-13-75 Motion by Commissioner Jacobson seconded by Com- Recommend Approval missioner Scott to recommend approval of Planning of Application No., 75042 Commission Application No. 75042, submitted by (Tire City, Inc ) Tire City, Incorporated, subject to the following conditions: 1 . The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit shall be subject to all applicable ordinances, codes , and regulations, and violation thereof shall be grounds for revocation. 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 site improvements. 4. Grading, paving, and curbing shall be subject to review and approval by the City Engineer. 5. Installation of approved permanent concrete curb along the east edge of the paved driving area may be deferred for up to two years , pending redevelopment of the property to the east, provided: a. Notwithstanding the above conditions, the City may require installation of permanent curbing at an earlier time that may be deemed necessary; be During the interim, temporary bituminous-rolled curbing will be installed along the east edge of the approved pavement; c. If during this period, the adjacent area should develop with a plan that would not require the curb, and the City approves that plan, the City could waive the curb requirement in that area. 6. All landscaped areas indicated on the approved plan shall be sodded and planted, and equipped with an underground irriga- tion system, except the area to the east of the approved pavement may be seeded and properly maintained provided a viable turf is established by the end of the first growing season. 7. Any outside trash disposal shall be screened. 8. The property shall be combined through plat or registered land survey within one year from date of issuance of the special use permit. The motion passed unanimously. -6- 11 -13-75 Application No. 75043 The next item of business was Application No. 75043, (N.W.Bell Telephone Co. ) submitted by Northwestern Bell Telephone Company. The item was introduced by the Secretary who stated the request was to expand the parking lot of the special use switching facility at 1101 - 65th Avenue North so to accommodate an intended remodel }ng =}r "temporary" offices, The Secretary stated the building and site {ins were originally approved as a special use in 1960 (Applica- tion No. 60119) for a telephone exchange facility The basis for approval was that the location was best suited for service to the area and the use was swstch- ing equipment requiring a minimum of personnel and activity outside the building. He explained further that in 1968 plans we-epp �red for an addition to house extra relay equipaver.t t,u�;pli- cation No. 68029) . The Secretary stated that a primary concern was appro- priate screening of the parking lot which wp,c -grfent- ly bounded on the south by a chain-link se-u; r fence and featured a substantial amount of p' -„ rgs consisting mainly of lilacs. He stated V;6 current ordinance requirement for open par; --hat opaque screening such as a fence or wall e.- approved device shall be constructed wher'k abuts residential uses. The Secretary stated another concern is �> _ drainage, since there would be an alterat grading when the new pavement was instal? : stated also that the existing outside tray` area should be screened. Chairman Pro tem Foreman recognized Mr, Glen Hampton representing the applicant, who stated the applicant needed a small amount of temporary office space for approximately ten employees, and that the subject building had an amount of unused floor space which would suit this need. He stated the duration of the use would be for approximately four years , until permanent facilities or other arrangement,, could t'e made for the particular office function. Mr Hampton commented that it was the applicant's intent *.o pro- vide appropriate screening and landscaping of the parking area, although it was doubtful those ;mpove- ments, including the paving, could be accompl shed this year, but that it was the applicant' s hope that the office use could be established by the middle of December. Chairman Pro tem Foreman announced that a pubic. hearing had been scheduled and he recognized the residents of 6431 , 6443, 6437, and 6424 Emerson Avenue North, and the resident of 6419 Dupont Avenue North. An extensive discussion ensued regarding the neighbors concerns as to light glare from the present parking lot lights and the need for more substantial land- scaping and screening. Mr. Dragieff, 6431 Emerson , recalled that the original approval for the building included the planting of nondeciduous trees such as evergreens , but that those were never installed He stated that such mature plantings would by now have provided adequate screening. Other residents stated their concern as to proper aesthetics for the site, particularly with respect to the need for evergreen plantings at the west end of the parking lot. -7- 11/13/75 Mr. Boman, 6419 Dupont, whose home abuts the applicant's property, stated he was basically opposed to the proposed expansion and was con- cerned with property values as well as noise and light created by the use of the parking lot. He suggested that perhaps the applicant should con- sider alternatives such as accessory parking off the site, During further discussion Mr. Boman stated that perhaps opaque screening, such as a six-foot high redwood fence along the common property line would alleviate his concerns, but that there was a problem with noise, particularly in the winter when snow is removed from the site. Further discussion ensued as to periodic on-street parking by telephone company employees, and as to the concept of using parking facilities at the Brooklyn Center High School . Motion by Commissioner Scott seconded by Commissioner Close Hearing Jacobson to close the public hearing. The motion passed unanimously. Mr. Hampton explained that it was the policy of the telephone company to be a good neighbor and that the concerns regarding screening and lighting had not come to their attention before. He stated that steps would be taken to resolve those problems with the neighbors. In response to a question by Chairman Pro tem Foreman, Mr. Hampton stated that the office use of the building as proposed was temporary; that the long-range planning for this facility called for the addition of switching equipment; and, that the building would not be converted to an office use. He stated that the plans did indicate a berming treatment and additional plantings as well as the screening of the trash enclosure. Relative to the alleged glare from the parking lot lights on the building, the Secretary stated the ordinance had standards for shading and controlling the direction of such lighting. He stated this would be reviewed with respect to ordinance requirements. In further discussion, Chairman Pro tem Foreman stated, while he recognized the concerns of the neighbors, the applicant' s proposal basically was within the context of ordinance guidelines and that sufficient land was avail- able. He stated, however, that the plans did not re- flect adequate screening, particularly from the abutting properties, which would be substantially closer to the parking lot. He recommended that the item be tabled to permit the applicant the opportunity to amend the plans with opaque screening and additional landscaping con- sistent with the concerns of the neighbors. Relative to the possibility of off-site parking, Com- missioner Scott recalled that special off-site accessory parking was restricted to the commercial and industrial districts, and that she was opposed to creating off- site parking lots in the residential district. She com- mented that the proposal should be treated on its merits with specific attention directed to the type of screen- ing for both visual and sound protection. Commissioner Jacobson agreed with Commissioner Scott and she stated her primary concern was with the apparent existing deficiency in parking as evidenced by the on-street parking by telephone company employees. -8- 11/13/75 The Secretary recommended that further investigation seemed warranted of two possible approaches to pro- viding additional parking: 1 ) the use of the existing property as proposed by the applicant with appropriate screening of the lot along the south an west perimeter; or, 2) the possibility of a joint parking agreement with the Brooklyn Center High School for the use of existing parking. He explained the ordinance provided for joint parking agreements , which were not equated with special use accessory off-site parking, since they involved the use of existing parking. The Secretary stated that, if existing available park- ing on an adjacent site were available, it would be more desirable than installing a temporary parking lot which would eliminate existing green area and landscaping, but which was only needed for a definit . period. Table Application No. 75043 following further discussion there was a motion by to 11-20-75 Commissioner Horan seconded by Commissioner Scott to table further consideration of Application No. 75043 until a special meeting on November 20, 1975, to permit the applicant the opportunity to review the screening needs on the site and to allow the staff aid the applicant to pursue the suggested joint parking agreement with the Brooklyn Center High School , The motion passed unanimously. Other Business: In other business Chairman Pro tem foreman recognize Mr, Warren Beck, the developer of the Wes tbrook Mall Shopping Center, and an extensive discussion ensued as to the proposed use of aggregate material in lieu of the approved woodchip mulch as edging n parking lot delineators. The Secretary stated that the Commission had voiced past concern as to the use of rock in parking lots , from both an aesthetic and functional point of view. He stated that it was the staff position that aggregate was not as desirable as decorative rock or woodchip mulch, such as that approved. A review of the plans ensued and Mr. Beck stated that the proposal was only for the edging areas and was, in his opinion, more compatible with the in- stalled landscape and building. He commented that the main problem with the use of aggregate on other sites was usually poor maintenance or poor initial installation. A brief discussion ensued and it was the consensus of the Commission to permit the use of aggregate for edging in the delineators as shown on the approved landscape plan, noting the compatibility with the existing landscaping treatment. It was also noted that when the site plans are reviewed next year, as stipulated in the original approval , evaluation will be made as to the aesthetics of the treatment. Review of New Data on In other business , the Secretary reviewed the pro- Proposed Parking Require- posed amendment to the ordinance parking requirements ment Amendment for office buildings, which had been submitted to the Planning Commission on October 30, and to the City Council on November 3. He stated that the Council had deferred first reading of the proposed ordinance uttletedment to allow further analysis of the i nformatio contained in this staff report. He explained that the Director of Public Works, with assistance from a local resident, had performed a re- fined statistical analysis of the data contained in the original report and recommendation. He stated -9- 11/13/75 those findings were contained in an addendum to the study dated November 13, which had been disr tributed. The Director of Public Works reviewed the memo- randum and related the findings as to confidence levels for the various sizes of buildings and parking demands. The Secretary recalled that the Commission 's primary concerns had been with confidence level as to adequate parking for smaller office build- ings and with a concern voiced by Commissioner Horan as to the confidence level of the recommended formula for all sizes of buildings. The Director of Public Works indicated that a ninety percent confidence level confirmed the recommended formula, and he demonstrated with a graph the other various levels of confidence ranging from fifty percent to ninety-nine percent.- Commissioner Horan stated that he could support the findings of the earlier report and the recommended ordinance amendment based upon the new data. Further discussion ensued as to the requirements for small and larger buildings, and the Director of Public Works commented that, in the remote event that a large office building experiences inadequate parking capacity, additional parking spaces in the amount of fifteen to twenty percent of existing parking spaces could be added by providing special parking areas for small cars. He cited available data as to the number of small cars on the road nationally and in the State of Minnesota, and explained that the staff was .refining research data with respect to parking space dimension require- ments. Following further discussion, there was a motion by Recommend Adoption of Commissioner Horan seconded by Commissioner Scott to Ordinance Amendment recommend approval and adoption of the proposed Relative to Office ordinance amendment regarding required parking spaces Building Parking for office buildings as contained in the staff report of October, 1975. The motion passed unanimously, Motion by Commissioner Horan seconded by Commissioner Adjournment Scott to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 12:45 A.M. Chairman -10- 11/13/75