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Home My WebLink AboutPC92005 - 3/12/92 - NE Corner of Shingle Creek Pkwy & 69th Avev \ / PLANNING COMMSSION FILE CHECKLIST File Purge Date- /Lo-/&-�0 FILE INFORMATION �7 Planning Commission Application No. 9� b ai 00 PROPERTY INFORMATION Zoning: 1' PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We ® have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission 3 -/a - 9 t,�- Minutes: City Council 3 -- a 3- 9 a Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 92005 Please Print Clearly or Type Street Location of Property 4 _� ay �Ga9Tif6s _4/c - Legal Description of Property 0 Owner 29iw/" Address�3Q33�jc;,,, al�� T;�� .��s'�N%1. ..f��fl� Phone No.22OLZ(i Appl i cant Address 761570 61d . 17/ "_ M 2-s - Phone No. -23 [ -.)-k3 Type of Request: Description of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit Other: SITE AND BUILDING PLAN REQUEST FOR CONSTIUCTION OF A 7,754 sq, ft, office/i.ndustiial building. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obl'ga 'on/topa costs incurred prior to withdrawal. Fee $ 250 Receipt No. 89022 Date: PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration:-3-/,A-gA Approved_ Denied following conditions: this JP :�day of CITY COUNCIL ACTION Dates of Council Consideration: 3'ai 3- 9 a-1- Approved j-'_-Denied amendment: piicant-s 5igna 19q;,, subject to the Chairman thi s ; , ay of with the following P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 92005 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Shingle Creek Parkway and 69th Ave. N. Request: Site and Building Plan Location/Use The applicant requests site and building plan approval to construct a 7,754 sq. ft. office/ industrial building at the southeast corner of Shingle Creek Parkway and 69th Ave. North. The property in question is zoned I1 and is bounded on the north by 69th Ave. N., on the east/southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. The proposed use is office, processing, storage, and shipping and receiving for Tomorrow Foods. Tomorrow Foods provides food delivery service of meats and other frozen food items. The applicant is not seeking special use permit approval to engage in retail sales of food on the site. There will, therefore, be no retail sales at this site. Access/Parking The proposed plan calls for one access to Shingle Creek Parkway with no median break. We have encouraged the applicant to pursue a connection to the Palmer Lake Plaza site to the east. We believe there is a restrictive covenant providing for cross access for the site in question over the Palmer Lake Plaza site. Such a connection would allow trucks leaving Tomorrow Foods to make a left turn onto Shingle Creek Parkway at the median opening opposite Freeway Blvd. No access to this site will be allowed from 69th Ave. N. in keeping with the policy which applies to all the industrial buildings abutting 69th to the east. The parking is to be situated south and west of the building. Under Section 35-413 of the Zoning Ordinance, a 50' buffer is required when an I1 use abuts R1, R2, or R3 zoned property across a street. The plan provides a 50' buffer adjacent to 69th Ave. N., consistent with the other industrial buildings to the east. Adjacent to Shingle Creek Parkway, the buffer is as little as 5' in light of the future realignment of Shingle Creek Parkway. The proposed parking area is at least 50' from the future right-of-way line of Shingle Creek Parkway. The applicant has submitted a request for an interim variance to allow a substandard buffer until the right-of-way vacation occurs. The plan proposes 4,259 sq. ft. of office space, which requires 21 parking spaces, and 3,494 sq. ft. of industrial wholesale space, which requires 4 parking spaces, for a total parking requirement of 25 spaces. The plan provides for 27 parking stalls and one garage stall. One handicapped stall will be provided. The plan, therefore, complies with the Zoning Ordinance. The plan also calls for two loading berths and a turnaround area 3-12-92 1 for trucks on the east side of the site. Landscaping The proposed plan calls for 16 Maple, 5 Ash, and 20 Spruce trees. The Maples are proposed primarily in the perimeter green areas. Three Ash are to be located in a large island between the parking area and the truck access. Spruce trees are scheduled in strategic locations to provide screening of the loading dock area from public view. The plan also calls for 60 shrubs, primarily around a patio area to the west of the building. Specific species have not been provided, but the general character of the landscaping is evident from the plan. The total point value of the proposed plantings is 350 points based on the City's LandscapePoint System. This exceeds the point value required. One landscaping feature which still needs to be added is screening of the parking lot from Shingle Creek Parkway. We would suggest appropriate shrubbery such as Red Twig Dogwood be used to accomplish the required screening in the relatively narrow space that will exist until Shingle Creek Parkway is realigned. Grading/Drainage/ Utilities The drainage and utility plan provides for all drainage to be conveyed via storm sewer to a holding pond on the east side of the site. The outlet from the pond willbe a 12" storm sewer line that will connect to a 30" City storm sewer line in Shingle Creek Parkway about 200' southeast of the site. An 8" water line will serve both fire suppression and domestic systems. An 8" sanitary sewer line will have a clean out just outside the building and a manhole at the property line. Berms are indicated in the greenstrip along Shingle Creek Parkway, in the greenstrip northwest of the building, east of the loading dock, and in the main parking lot island separating the parking area from the loading area. We would recommend that more berming be provided adjacent to Shingle Creek Parkway when the realignment is completed. Buildinq The westerly portion of the building will be office and the easterly portion fo the building will be the industrial section, containing food processing, storage, and shipping and receiving functions. The exterior of the building will be a combination of face brick and castlerock decorative autoclave concrete block with a metal standing seam roof (copper color). The face brick will be used primarily along the upper portions of the office portion of the building. The roof line will be marked by a high parapet wall which elevates in a decorative facade behind a semi-conal roof over the the semi -circular reception area at the west end of the building (see reduced drawings, attached). A second story addition in the future is a possibility. Lighting/Trash The plan indicates 11 15' high light standards evenly spaced around the parking and loading areas with 150 watt high pressure sodium 3-12-92 ?. light fixtures. Trash and food scraps will be handledin a trash room next to the enclosed shipping bay. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the 3-12-92 3 greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans is subject to approval of variance application #92006. 13. The ownerof the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailors, equipment or products is strictly prohibited. 15. There shall be no retail sales of products on the use site. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren, Director of Planning and Inspections 3-12-92 4 April 16, 1992 Michial Mularoni Michial Mularoni and Associates 7650 Currell Blvd Woodbury, MN 55125 Dear Mr. Mularoni: This letter is to inform you in writing of the action taken on Planning Commission Application Nos. 92005 and 92006, submitted for site and building plan and variance approval. Enclosed is an excerpt from the minutes of the March 12, 1992 Planning Commission meeting and an excerpt from the March 23, 1992 City Council minutes. If you have questions regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary cc: Jim Kilbury, Tomorrow Foods, Inc. File Nos. 92005 and 92006 Enclosures PLANNING COMMISSION ITEMS PLANNING COMMIS510N APPLIQATION NOS 92005 AND 92006 SUBMITTED B MULARONI AND ASSOCIATESITOMORROW I.000S The City Manager introduced Planning Commission application No. 92005 which is a request for site and building plan approval to construct a 7,754 square foot office/industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North, and Application No. 92006 which is a request for a variance from Section 35413 of the Zoning Ordinance to allow, on a temporary basis, a buffer strip of less than 50 feet across Shingle Creek Parkway from R-3 zoned property. He explained the two applications were reviewed and recommended for approval by the Planning Commission at their March 12, 19927 meeting. The Director of Planning and Inspection presented details of the applications and explained a special use permit was not required since a retail operation was not being requested. The site plan, proposed landscaping and parking area as well as the variance request were then reviewed. The Director of Planning and Inspection pointed out the existing and future Shingle Creek Parkway alignment and the area which would be vacated in the future. Councilmember Cohen asked if a bond would be required. The Director of Planning and Inspection explained previously a similar variance was approved along Highway 252 but a financial guarantee was not required, only an agreement. Councilmember Cohen indicated he would prefer a bond was required in case the property changed hands or development does not occur. The City Attorney pointed out the variance would be limited in term until '. Shingle Creek Parkway was vacated. He explained a title opinion on the fee interest was needed, but the vacated property would most likely revert to the abutting property. The City Manager suggested Council consider a condition to require the vacated portion be attached to the property and irrigation and landscaping extended into that area. In response to Council's questions, the Director of Planning and Inspection reviewed weight road restrictions and indicated the petitioner had indicated not many semitrucks would access this site. Councilmember Scott stated she was also concerned about truck access. Mike Mularon.L applicant, stated only small panel trucks were used for shipping. They had calculated the turning radius and then redesigned the layout to provide for an easier turning movement. Also, they were interested in the vacated portion of Shingle Creek Parkway, especially for signage purposes. Mr. Mularoni reviewed the proposed building plan and pointed out they would incorporate a future expansion into the footing foundation design. In response to Councilmember Pedlar's question, Mr. Mularoni explained they had been in this business since 1958 but this would be their first company owned plant. He added they sell frozen food products and would also be handling dry goods. They also sell freezers and offer the frozen food at a reduced rate if a freezer was purchased. 3/23/92 - 8 - Mayor Paulson indicated there was a need in the northwest suburbs to provide food assistance to low income people. He felt there may be some potential to carry on the Brooklyn Center tradition with corporate citizenship and helping with donations to area food shelves. Mayor Paulson stated he was reluctant to make this a condition, but suggested it be addressed. Mr. Mularoni explained they do not currently have a company policy regarding contributions to food shelves, but would be willing to look into it. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92006 at 7:57 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:57 p.m. The motion passed unanimously. In response to Mayor Paulson's question, the Director of Planning and Inspection indicated the formal application is signed by the applicant. If approved, the official minutes of the Council action with conditions for approval were the official record and forwarded to the applicant. Council consensus was reached that copies of the formal application need not be submitted separately to the Council as long as they were available for review at the meeting. With regard to the USDA room indicated on the building plan, Mr. Mularoni explained it was for the USDA inspector's use. f Councilmember Rosene expressed concern that residents may be tempted to over -extend r themselves financially by purchasing a freezer they don't really need to get the frozen food at a reduced rate. Mr. Mularoni responded clients do not have to purchase a freezer and could just purchase the food. They offer the food at a reduced cost if a freezer was purchased in order to off -set the cost somewhat. Mr. Mularoni emphasized they were in the food business. He added they provide a high quality product and service so their program was designed for middle to upper middle income people. Mr. Mularoni explained the cost difference was slight whether a freezer was purchased or not, but the length of time was longer. Mayor Paulson stated the City was always looking for innovative ways to address problems and asked the Council if they want to consider a condition requesting the petitioner to submit a policy on community or food shelf contributions. Councilmember Pedlar stated he understood the need but would be uncomfortable with placing a condition of this type. Councilmember Scott concurred and felt it would be inappropriate to attach a condition on a new business to require something that was not required of an existing business. Mayor Paulson stated he was also uncomfortable with making it a requirement but felt the option should be discussed. He added he was concerned that the business, after being in business since 1958, did not have an established contribution policy in place. 3/23/92 - 9 - There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to --- approve Planning Commission Application No. 92005 submitted by Mularoni and Associates/Tomorrow Foods for site and building plan approval subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened form view. 5. The building was to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval was exclusive of all signery which was subject to Chapter 34 of the City Ordinances and was subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans was subject to approval of variance application No. 92006. 13. The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailers, equipment or products was strictly prohibited. 15. There shall be no retail sales of products on the use site. The motion passed unanimously. There was a brief discussion regarding the variance proposal. The City Manager pointed out the petitioner had expressed interest in obtaining and expanding into the vacated property. He suggested the Council may want to consider a condition requiring an extension of the landscaping and sprinkling system into this vacated portion. 3/23/92 - 10 - There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 92006 submitted by Mularoni and Associates/Tomorrow Foods for a temporary variance from Section 35-413 of the Zoning Ordinance to allow a buffer strip of less than 50 feet across Shingle Creek Parkway from R- 3 zoned property conditioned on submission of a performance bond to guarantee the extension of landscaping and the sprinkler system into the vacated portion of property. Mr. Mularoni stated he had no objection to extending landscaping and the sprinkling system but was opposed to having to provide a bond since they do not have control of the Shingle Creek Parkway road project, He added the property in question was the "front door" to their property and they would want to assure it appears well kept. Councilmember Cohen offered an amendment to his original motion and Councilmember Scott (who seconded the original motion) agreed to the amendment to approve Planning Commission Application No. 92006 subject to the following findings and conditions: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right-of-way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3. The soil conditions and the future right-of-way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. 6. Tomorrow Foods shall enter into an agreement with the City to acquire and to extend landscaping and the underground irrigation system into the vacated Shingle Creek Parkway right-of-way area. The amended motion passed unanimously. Mayor Paulson extended the Council's welcome to Mr. Mularoni. 3/23/92 -11- CITY OF BROOKLYN CENTER Council Meeting Date 3 / 2 3 / 9 2 Agenda Item Number _� REQUEST FOR COUNCIL CONSIDERATION ***************************************************************************************** ITEM DESCRIPTION: Planning Commission Application No. 92005 - Mularoni and Associates/Tomorrow Foods ***************************************************************************************** DEPT. APPROVAL: 1 Ronald A. Warren, Director of Planning and Inspection' �m yr�Cn:; MANAGERS REVIEW/RECOMMENDATION: 1!, No comments to supplement this report Comments below/attached ***************************************************************************************** SUMMARY EXPLANATION: (supplemental sheets attached X ) Planning Commission Application No. 92005 is a request for site and building plan approval to construct a 7,754 sq. ft. office/industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North. Attached are minutes, information sheets, a memo from the City Engineer, map of the area and various drawings for the City Council's review. Recommendation This application was considered by the Planning Commission at its March 12, 1992 meeting and approval was recommended subject to the 15 conditions listed on pages 4 and 5 of the minutes from that meeting. 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 MARCH 12, 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Interim Chairperson Wallace Bernards at 7:30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Mark Holmes and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioners Johnson and Kalligher were unable to attend and were excused. APPROVAL OF MINUTES - FEBRUARY 13, 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the February 13, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to Commissioners Sander and Holmes for a new two year term. APPLICATION NOS 92005 AND 92006 (Mularoni and Associates/Tomorrow Foods Following the Chairperson's explanation, the Secretary introduced the first two items of business, a request for site and building plan approval to construct a 7,754 sq. ft. office/industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North and also a request for a variance from Section 35-413 of the Zoning Ordinance to allow on a temporary basis a buffer strip of less than 50 feet across Shingle Creek Parkway from R3 zoned property. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 92005 and 92006, attached). The Secretary also noted that the townhouses developed across Shingle Creek Parkway had taken future right-of-way into account in their development and that the townhouses were set fairly far back. Commissioner Sander asked when Shingle Creek Parkway would be realigned. The Secretary answered that it would possibly be in 1993. Commissioner Sander asked whether the City would retain some of the land after the realignment was completed. The Planner explained that the City will vacate at least to the center line of 3-12-92 1 the existing right-of-way, but that some of the right-of-way will probably be retained for the purpose of covering utilities and possible modifications to 69th Avenue North. Commissioner Sander asked what kinds of foods would be processed by the applicant. The Secretary answered that he thought it would be meats and dairy products. He stated that food waste would be handled inside the building. Chairperson Bernards asked how the property would be accessed from Shingle Creek Parkway. The Secretary noted that there is a median break in Freeway Boulevard and that a u turn would have to be made to come back into the site. Chairperson Bernards asked whether that would create a problem. The Secretary stated that he did not expect a problem given the low intensity of this use. He stated that staff have encouraged the applicant to seek a connection to Shingle Creek Parkway through Palmer Lake Plaza so that they will be able to make left turns in and out of the site through the Palmer Lake Plaza site. Commissioner Sherritt asked whether there had been a discussion about access. The Secretary stated that he could recall discussion of the access to this property in the past. The Planner stated that a covenant had been found which would require a cross access for this parcel across Palmer Lake Plaza property, but that it was not certain whether that document was filed at the County. Chairperson Bernards asked what the traffic impact of this use would be. The Secretary responded that it should be average to low. Commissioner Holmes asked about weight restrictions on 69th Avenue North. The Secretary stated that he assumed there were restrictions on the bridge over Shingle Creek, but that he was not aware of any restrictions on 69th Avenue North. Commissioner Holmes noted that vehicles exiting the site would have to go towards 69th Avenue North. The Secretary responded in the affirmative. In response to a question from Chairperson Bernards regarding the vacation of right-of-way, the Secretary stated that the right-of-way land would go back to the abutting property. Commissioner Sander asked whether it would be appropriate to make a stipulation that cross access would have to be put in if a traffic problem arose as a result of this use. The Secretary responded that the applicant would probably like to have such a cross access agreement and that it is easier to bring about if they have a legal right to it. He questioned whether the City could legally require such a cross access when properties were under separate ownership. He explained some of the background of Shingle Creek Parkway and access to it. Chairperson Bernards stated that it was clearly the Planning Commission's desire to urge the applicant to explore a cross access arrangement with Palmer Lake Plaza. He asked the applicant what would be hours of operation of this establishment. Mr. Jim Kilbury responded that the processing area would be open from 8:00 a.m. to 5:00 p.m. and that the office would probably stay open until about 9:00 p.m. and would be open from 9:00 a.m. until 1:00 p.m. on 3-12-92 2 Saturday. Chairperson Bernards asked where a similar facility existed at present. Mr. Kilbury responded that they have an establishment in Minneapolis at present. He stated that there would only be about two trucks per day delivering food and that one truck would go out per day from this location. In response to a question from Chairperson Bernards regarding odor, Mr. Mike Mularoni, the architect for the project, explained the meat processing activity that would go on in the building. He stated that meat is received that is already precut and that some further cutting would have to be done and scraps would go into a 44 gallon drum. He stated that there is very little waste in the operation because of the quality of the beef coming in. He added that there were recycling requirements which would be met. In response to a question from Commissioner Sherritt, Mr. Kilbury explained that they buy a trimmed product and that there is not a lot of waste in the process. Mr. Mularoni explained that the primary activity is the packaging of orders for individual customers. In response to another question from Commissioner Sherritt, Mr. Kilbury stated that sales would be directly to customers not to stores. He stated that Tomorrow Foods would provide their customers with all of their food needs except bread, milk and eggs for a period of as much as three months at a time. He also explained that the items are individually frozen. Commissioner Mann asked how many employees would be working at the site. Mr. Kilbury explained that most of the employees would be away from the building making sales calls, but that there would be one or two in the back room and a receptionist. Commissioner Holmes asked how long Tomorrow Foods had been in business. Mr. Kilbury stated that it was since 1989, but that he had been doing this kind of work since 1958. Commissioner Sherritt asked whether Tomorrow Foods hires salesmen without a commission. Mr. Kilbury stated that they get a commission, that they are actually independent agents. In response to a question from Commissioner Holmes regarding the training room, Mr. Kilbury stated that there are groups of five to six that are trained at one time, not large groups. In response to a question from Commissioner Holmes regarding the parking provided, Mr. Mularoni explained that the parking provided had been a combination of the Zoning Ordinance code and the practicality of how many people would actually be on the site at a given time. He explained that during the evening there would be people working in the lunch room on telemarketing. Commissioner Holmes asked when the building would open. Mr. Mularoni stated that they hoped to start construction in April and be open by August or September. PUBLIC HEARING (Application No. 92006) Chairperson Bernards then opened the meeting for a public hearing and then asked whether anyone present wished to speak regarding the 3-12-92 3 application. Seeing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. Commissioner Holmes stated that he was concerned about u turns in Shingle Creek Parkway. Mr. Mularoni stated that they were definitely going to pursue the possibility of an access through Palmer Lake Plaza. He showed the Commission a copy of the restrictive covenant and stated that they were going to check into whether it had been filed at the County and would pursue the matter diligently. ACTION RECOMMENDING APPROVAL OF APPLICATION OF NO. 92005_(Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Sander seconded by Commissioner Sherritt to recommend approval of Application No. 92005, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. . 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances and is subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. 3-12-92 4 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans is subject to approval of variance application #92006. 13. The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailers, equipment or products is strictly prohibited. 15. There shall be no retail sales of products on the use site. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92006 (Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 92006, in light of the following findings: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right-of-way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3-12-92 5 3. The soil conditions and the future right-of-way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. The Secretary stated that there was no further business, but he intended to have a meeting on March 26 with some study items. ADJOURNMENT Following a brief discussion of the 24 hour commercial operation ordinance which is under discussion by the City Council, there was a motion by a Commissioner Mann seconded by Commissioner Sherritt to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:50 p.m. Chairperson 3-12-92 6 Planning Commission Information Sheet Application No. 92005 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Shingle Creek Parkway and 69th Ave. N. Request: Site and Building Plan Location/Use The applicant requests site and building plan approval to construct a 7,754 sq. ft. office/ industrial building at the southeast corner of Shingle Creek Parkway and 69th Ave. North. The property in question is zoned Il and is bounded on the north by 69th Ave. N., on the east/southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. The proposed use is office, processing, storage, and shipping and receiving for Tomorrow Foods. Tomorrow Foods provides food delivery service of meats and other frozen food items. The applicant is not seeking special use permit approval to engage in retail sales of food on the site. There will, therefore, be no retail sales at this site. Access/Parking The proposed plan calls for one access to Shingle Creek Parkway with no median break. We have encouraged the applicant to pursue a connection to the Palmer Lake Plaza site to the east. We believe there is a restrictive covenant providing for cross access for the site in question over the Palmer Lake Plaza site. Such a connection would allow trucks leaving Tomorrow Foods to make a left turn onto Shingle Creek Parkway at the median opening opposite Freeway Blvd. No access to this site will be allowed from 69th Ave. N. in keeping with the policy which applies to all the industrial buildings abutting 69th to the east. The parking is to be situated south and west of the building. Under Section 35-413 of the Zoning Ordinance, a 50' buffer is required when an Il use abuts R1, R2, or R3 zoned property across a street. The plan provides a 50' buffer adjacent to 69th Ave. N., consistent with the other industrial buildings to the east. Adjacent to Shingle Creek Parkway, the buffer is as little as 5' in light of the future realignment of Shingle Creek Parkway. The proposed parking area is at least 50' from the future right-of-way line of Shingle Creek Parkway. The applicant has submitted a request for an interim variance to allow a substandard buffer until the right-of-way vacation occurs. The plan proposes 4,259 sq. ft. of office space, which requires 21 parking spaces, and 3,494 sq. ft. of industrial wholesale space, which requires 4 parking spaces, for a total parking requirement of 25 spaces. The plan provides for 27 parking stalls and one garage stall. One handicapped stall will be provided. The plan, therefore, complies with the Zoning Ordinance. The plan also calls for two loading berths and a turnaround area 3-12-92 1 for trucks on the east side of the site. Landscaping The proposed plan calls for 16 Maple, 5 Ash, and 20 Spruce trees. The Maples are proposed primarily in the perimeter green areas. Three Ash are to be located in a large island between the parking area and the truck access. Spruce trees are scheduled in strategic locations to provide screening of the loading dock area from public view. The plan also calls for 60 shrubs, primarily around a patio area to the west of the building. Specific species have not been provided, but the general character of the landscaping is evident from the plan. The total point value of the proposed plantings is 350 points based on the City's LandscapePoint System. This exceeds the point value required. One landscaping feature which still needs to be added is screening of the parking lot from Shingle Creek Parkway. We would suggest appropriate shrubbery such as Red Twig Dogwood be used to accomplish the required screening in the relatively narrow space that will exist until Shingle Creek Parkway is realigned. Grading/Drainage/ Utilities The drainage and utility plan provides for all drainage to be conveyed via storm sewer to a holding pond on the east side of the site. The outlet from the pond willbe a 12" storm sewer line that will connect to a 30" City storm sewer line in Shingle Creek Parkway about 200' southeast of the site. An 8" water line will serve both fire suppression and domestic systems. An 8" sanitary sewer line will have a clean out just outside the building and a manhole at the property line. Berms are indicated in the greenstrip along Shingle Creek Parkway, in the greenstrip northwest of the building, east of the loading dock, and in the main parking lot island separating the parking area from the loading area. We would recommend that more berming be provided adjacent to Shingle Creek Parkway when the realignment is completed. Building The westerly portion of the building will be office and the easterly portion fo the building will be the industrial section, containing food processing, storage, and shipping and receiving functions. The exterior of the building will be a combination of face brick and castlerock decorative autoclave concrete block with a metal standing seam roof (copper color). The face brick will be used primarily along the upper portions of the office portion of the building. The roof line will be marked by a high parapet wall which elevates in a decorative facade behind a semi-conal roof over the the semi -circular reception area at the west end of the building (see reduced drawings, attached). A second story addition in the future is a possibility. Lighting/Trash The plan indicates 11 15' high light standards evenly spaced around the parking and loading areas with 150 watt high pressure sodium 3-12-92 2 light fixtures. Trash and food scraps will be handledin a trash room next to the enclosed shipping bay. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the 3-12-92 3 greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans is subject to approval of variance application #92006. 13. The ownerof the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailors, equipment or products is strictly prohibited. 15. There shall be no retail sales of products on the use site. Submitted by, C✓1 G Gary Shallcross Planner Approved by, Ronald A. Warren, Director of Planning and Inspections 3-12-92 4 CITY OF COOKLYN C ENTER DATE: March 3, 1992 TO: Gary Shallcross, Planner FROM: Mark J. Maloney, City Engineer RE: Tomorrow Foods, Inc. 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 I have reviewed the revised Site Drainage & Utility Plan, dated 3-2-92, which was recently submitted for the above project. With regard to the comments generated by this office last week, I offer the following: ♦ The revised plan correctly depicts the future alignment (and right-of-way) of Shingle Creek Parkway, for the purpose of determining an interim setback variance. ♦ The plan has been revised to incorporate a storm water detention/treatment pond, which has been correctly sized for the site. Calculations were submitted with the revised plan, and the design philosophy appears to be sound. The site drainage will be routed to the proposed pond, pass through a timber baffled weir (skimmer) and overflow into the City's storm sewer system in Shingle Creek Parkway. ♦ I have applied turning radius templates for various vehicles to the driveways and parking areas and find them to be adequately designed. ♦ The sewer and water services have been revised in accordance with my suggestions of last week. Overall, it appears that most of my previous concerns/comments have been accounted for in this most recent revised plan. However, for final approval by my office, the followingitems tems should be addressed; if not now, certainly before the issuance of building permits (assuming Council approval): - A design detail for the construction of the baffled weir (skimmer) should be included on the Site Drainage & Utility Plan. =N ,�AU�C Details of the storm sewer, sanitary sewer and water main items should be included on the plan, or the plan should note that all such construction shall conform to the City of Brooklyn Center Standard Plates. In any event, prior to construction, a specification book should be forwarded to my office for approval. A rather specific utility and maintenance agreement will be developed, to detail the responsibilities of maintenance of the on -site utilities and storm sewer facilities. Please notify me approximately one week before the anticipated issuance of building permit(s), and I'll assume responsibility for developing this agreement. A reminder that an as -built drawing, conforming to the requirements of this office, will eventually be required of the applicant. The applicant should be advised that while this drawing will be produced after construction, the contractors and/or inspectors need to be aware of the necessary measurements during construction. Please refer the applicant to me if any questions arise regarding this requirement. 92006 �q F 4P :BTIi. Ave. N. E lm sob �+lUR�4 701 ®WD j V / N L �H mill IBM I.• �� I mull// 11/Ii �i �.SIIN Q goo//// movie I /m I loll NUNN Iloilo Nina / . NUNNson MEN � allooll i /p ;•,s L EAVE. m 71ST •' X71ST MOW ' � . AVE. .r, � 4 PjRF9 I TZ I � r�, y 70TH AVE, N. _ �� z 1 z I y � Art. I I —TT-L IRYLVG LA. N. i II CITY GARAGE Ilp _ AY CIFZ. r \J� R7 W' I ! I ' SUWrT ! CIA jj LIWARy i Gaut. sFRvlcf CENTER 7 I r rn 0 10 �7 R5 C2 ;ArEs cIA �.: t~,Nw - A xff. qc MWAW Kara. R-A" r Q foie I "`11HJf I _ 113Nl'S000d NYH4 NO '0M! 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" i S LES t: r 5 is r` a t� r� a r fi■9e i g � � �i :: :: III�I I i� 3 � a 6 i r e° ere I I 1 g�.Y � �z =�{i!f '.�� ! E�a6� � 16 T 5'R► i�xIr� p Q p t stlyi� pi i� I 1 ® �I ii ,, �� 3Q3 !" R �'S6'i� _F7'17WRr+IdJ7A9af ui =aurlawir >tooii i ir�xaiar I ry __ : y4 I toze I Nvld uis I "- I'JNI 'S000A Movu0nol U •ON IJalulA •alll IaaUC ..:"». IJalu,. I �Nru anon s rovl+rvtia we I J S b N •saooA moaaowot w e . e u• y� 11 (I `:LSftf Plll{II I I O O ► I111 I I i I I Yi��q.F4ggy:YiY� pp :CITY OF BFROOKLYN CENTER March 17, 1992 Michial Mularoni Mularoni & Associates 7650 Currell Blvd. Woodbury, MN 55125 Dear Mr. Mularoni: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application Nos. 92005 and 92006 submitted for site and building plan and variance approval, at its meeting on Monday, March 23, 1992 at approximately 7:05 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, r Ronald A. Warren Planning Commission Secretary RAW: ml1 cc: Jim Kilbury, Tomorrow Foods File Nos. 92005, 92006 March 4, 1992 Michial Mulroni & Associates 7650 Currell Blvd. Woodbury, MN 55125 Dear Mr. Mulroni: Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application Nos. 92005 and 92006, submitted for site and building plan and variance approval, at its meeting on Thursday, March 12, 1992 at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:mll cc: Tomorrow Foods, Inc. File Nos. 92005, 92006 CITY OF COOKLYN CENTER DATE: March 3, 1992 TO: Gary Shallcross, Planner FROM: Mark J. Maloney, City Engineer RE: Tomorrow Foods, Inc. 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 I have reviewed the revised Site Drainage & Utility Plan, dated 3-2-92, which was recently submitted for the above project. With regard to the comments generated by this office last week, I offer the following: ♦ The revised plan correctly depicts the future alignment (and right-of-way) of Shingle Creek Parkway, for the purpose of determining an interim setback variance. ♦ The plan has been revised to incorporate a storm water detention/treatment pond, which has been correctly sized for the site. Calculations were submitted with the revised plan, and the design philosophy appears to be sound. The site drainage will be routed to the proposed pond, pass through a timber baffled weir (skimmer) and overflow into the City's storm sewer system in Shingle Creek Parkway. ♦ I have applied turning radius templates for various vehicles to the driveways and parking areas and find them to be adequately designed. ♦ The sewer and water services have been revised in accordance with my suggestions of last week. Overall, it appears that most of my previous concerns/comments have been accounted for in this most recent revised plan. However, for final approval by my office, the followingitem tems should be addressed; if not now, certainly before the issuance of building permits (assuming Council approval): - A design detail for the construction of the baffled weir (skimmer) should be included on the Site Drainage & Utility Plan. Details of the storm sewer, sanitary sewer and water main items should be included on the plan, or the plan should note that all such construction shall conform to the City of Brooklyn Center Standard Plates. In any event, prior to construction, a specification book should be forwarded to my office for approval. A rather specific utility and maintenance agreement will be developed, to detail the responsibilities of maintenance of the on -site utilities and storm sewer facilities. Please notify me approximately one week before the anticipated issuance of building permit(s), and I'll assume responsibility for developing this agreement. A reminder that an as -built drawing, conforming to the requirements of this office, will eventually be required of the applicant. The applicant should be advised that while this drawing will be produced after construction, the contractors and/or inspectors need to be aware of the necessary measurements during construction. Please refer the applicant to me if any questions arise regarding this requirement. 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 MARCH 12, 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Interim Chairperson Wallace Bernards at 7:30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Mark Holmes and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioners Johnson and Kalligher were unable to attend and were excused. APPROVAL OF MINUTES - FEBRUARY 13 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the February 13, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ADMINISTER OATH OF OFFICE The Secretary then administered the oath of office to Commissioners Sander and Holmes for a new two year term. APPLICATION NOS. 92005 AND 92006 (Mularoni and Associates/Tomorrow Foods Following the Chairperson's explanation, the Secretary introduced the first two items of business, a request for site and building plan approval to construct a 7,754 sq. ft. office/industrial building at the southeast quadrant of Shingle Creek Parkway and 69th Avenue North and also a request for a variance from Section 35-413 of the Zoning Ordinance to allow on a temporary basis a buffer strip of less than 50 feet across Shingle Creek Parkway from R3 zoned property. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 92005 and 92006, attached). The Secretary also noted that the townhouses developed across Shingle Creek Parkway had taken future right-of-way into account in their development and that the townhouses were set fairly far back. Commissioner Sander asked when Shingle Creek Parkway would be realigned. The Secretary answered that it would possibly be in 1993. Commissioner Sander asked whether the City would retain some of the land after the realignment was completed. The Planner explained that the City will vacate at least to the center line of �"'" 3-12-92 1 the existing right-of-way, but that some of the right-of-way will probably be retained for the purpose of covering utilities and N%W- possible modifications to 69th Avenue North. Commissioner Sander asked what kinds of foods would be processed by the applicant. The Secretary answered that he thought it would be meats and dairy products. He stated that food waste would be handled inside the building. Chairperson Bernards asked how the property would be accessed from Shingle Creek Parkway. The Secretary noted that there is a median break in Freeway Boulevard and that a u turn would have to be made to come back into the site. Chairperson Bernards asked whether that would create a problem. The Secretary stated that he did not expect a problem given the low intensity of this use. He stated that staff have encouraged the applicant to seek a connection to Shingle Creek Parkway through Palmer Lake Plaza so that they will be able to make left turns in and out of the site through the Palmer Lake Plaza site. Commissioner Sherritt asked whether there had been a discussion about access. The Secretary stated that he could recall discussion of the access to this property in the past. The Planner stated that a covenant had been found which would require a cross access for this parcel across Palmer Lake Plaza property, but that it was not certain whether that document was filed at the County. Chairperson Bernards asked what the traffic impact of this use would be. The Secretary responded that it should be average to low. Commissioner Holmes asked about weight restrictions on 69th Avenue North. The Secretary stated that he assumed there were. restrictions on the bridge over Shingle Creek, but that he was not aware of any restrictions on 69th Avenue North. Commissioner Holmes noted that vehicles exiting the site would have to go towards 69th Avenue North. The Secretary responded in the affirmative. In response to a question from Chairperson Bernards regarding the vacation of right-of-way, the Secretary stated that the right-of-way land would go back to the abutting property. Commissioner Sander asked whether it would be appropriate to make a stipulation that cross access would have to be put in if a traffic problem arose as a result of this use. The Secretary responded that the applicant would probably like to have such a cross access agreement and that it is easier to bring about if they have a legal right to it. He questioned whether the City could legally require such a cross access when properties were under separate ownership. He explained some of the background of Shingle Creek Parkway and access to it. Chairperson Bernards stated that it was clearly the Planning Commission's desire to urge the applicant to explore a cross access arrangement with Palmer Lake Plaza. He asked the applicant what would be hours of operation of this establishment. Mr. Jim Kilbury responded that the processing area would be open from 8:00 a.m. to 5:00 p.m. and that the office would probably stay open until about 9:00 p.m. and would be open from 9:00 a.m. until 1:00 p.m. on 3-12-92 2 Saturday. Chairperson Bernards asked where a similar facility '�,.. existed at present. Mr. Kilbury responded that they have an establishment in Minneapolis at present. He stated that there would only be about two trucks per day delivering food and that one truck would go out per day from this location. In response to a question from Chairperson Bernards regarding odor, Mr. Mike Mularoni, the architect for the project, explained the meat processing activity that would go on in the building. He stated that meat is received that is already precut and that some further cutting would have to be done and scraps would go into a 44 gallon drum. He stated that there is very little waste in the operation because of the quality of the beef coming in. He added that there were recycling requirements which would be met. In response to a question from Commissioner Sherritt, Mr. Kilbury explained that they buy a trimmed product and that there is not a lot of waste in the process. Mr. Mularoni explained that the primary activity is the packaging of orders for individual customers. In response to another question from Commissioner Sherritt, Mr. Kilbury stated that sales would be directly to customers not to stores. He stated that Tomorrow Foods would provide their customers with all of their food needs except bread, milk and eggs for a period of as much as three months at a time. He also explained that the items are individually frozen. Commissioner Mann asked how many employees would be working at the site. Mr. Kilbury explained that most of the employees would be away from the building making sales calls, but that there would be one or two in the back room and a receptionist. Commissioner Holmes asked how long Tomorrow Foods had been in business. Mr. Kilbury stated that it was since 1989, but that he had been doing this kind of work since 1958. Commissioner Sherritt asked whether Tomorrow Foods hires salesmen without a commission. Mr. Kilbury stated that they get a commission, that they are actually independent agents. In response to a question from Commissioner Holmes regarding the training room, Mr. Kilbury stated that there are groups of five to six that are trained at one time, not large groups. In response to a question from Commissioner Holmes regarding the parking provided, Mr. Mularoni explained that the parking provided had been a combination of the Zoning Ordinance code and the practicality of how many people would actually be on the site at a given time. He explained that during the evening there would be people working in the lunch room on telemarketing. Commissioner Holmes asked when the building would open. Mr. Mularoni stated that they hoped to start construction in April and be open by August or September. PUBLIC HEARING (Application No. 92006) Chairperson Bernards then opened the meeting for a public hearing and then asked whether anyone present wished to speak regarding the 3-12-92 3 application. Seeing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Mann to close the public hearing. The motion passed unanimously. Commissioner Holmes stated that he was concerned about u turns in Shingle Creek Parkway. Mr. Mularoni stated that they were definitely going to pursue the possibility of an access through Palmer Lake Plaza. He showed the Commission a copy of the restrictive covenant and stated that they were going to check into whether it had been filed at the County and would pursue the matter diligently. ACTION RECOMMENDING APPROVAL OF APPLICATION OF NO. 92005 (Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Sander seconded by Commissioner Sherritt to recommend approval of Application No. 92005, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. , 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances and is subject to City Council resolutions regarding signery for industrial buildings along 69th Avenue North. 3-12-92 4 N.. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12 Approval of site and building plans is subject to approval of variance application #92006. 13} The owner of the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailers, equipment or products is strictly prohibited. 15. There shall be no retail sales of products on the use site. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 92006 (Mularoni and Associates/Tomorrow Foods) Motion by Commissioner Mann seconded by Commissioner Holmes to recommend approval of Application No. 92006, in light of the following findings: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right-of-way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. �"" 3-12-92 5 3. The soil conditions and the future right-of-way vacation work to create a hardship in the development of this N...- property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. The motion passed. The Secretary stated that there was no further business, but he intended to have a meeting on March 26 with some study items. ADJOURNMENT Following a brief discussion of the 24 hour commercial operation ordinance which is under discussion by the City Council, there was a motion by a Commissioner Mann seconded by Commissioner Sherritt �✓ to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:50 p.m. Chairperson 3-12-92 6 Planning Commission Information Sheet Application No. 92005 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Shingle Creek Parkway and 69th Ave. N. Request: Site and Building Plan Location/Use The applicant requests site and building plan approval to construct a 7,754 sq. ft. office/ industrial building at the southeast corner of Shingle Creek Parkway and 69th Ave. North. The property in question is zoned I1 and is bounded on the north by 69th Ave. N., on the east/southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. The proposed use is office, processing, storage, and shipping and receiving for Tomorrow Foods. Tomorrow Foods provides food delivery service of meats and other frozen food items. The applicant is not seeking special use permit approval to engage in retail sales of food on the site. There will, therefore, be no retail sales at this site. Access/Parking The proposed plan calls for one access to Shingle Creek Parkway with no median break. We have encouraged the applicant to pursue a connection to the Palmer Lake Plaza site to the east. We believe there is a restrictive covenant providing for cross access for the site in question over the Palmer Lake Plaza site. Such a connection would allow trucks leaving Tomorrow Foods to make a left �- turn onto Shingle Creek Parkway at the median opening opposite Freeway Blvd. No access to this site will be allowed from 69th Ave. N. in keeping with the policy which applies to all the industrial buildings abutting 69th to the east. The parking is to be situated south and west of the building. Under Section 35-413 of the Zoning Ordinance, a 50' buffer is required when an I1 use abuts R1, R2, or R3 zoned property across a street. The plan provides a 50' buffer adjacent to 69th Ave. N., consistent with the other industrial buildings to the east. Adjacent to Shingle Creek Parkway, the buffer is as little as 5' in light of the future realignment of Shingle Creek Parkway. The proposed parking area is at least 50' from the future right-of-way line of Shingle Creek Parkway. The applicant has submitted a request for an interim variance to allow a substandard buffer until the right-of-way vacation occurs. The plan proposes 4,259 sq. ft. of office space, which requires 21 parking spaces, and 3,494 sq. ft. of industrial wholesale space, which requires 4 parking spaces, for a total parking requirement of 25 spaces. The plan provides for 27 parking stalls and one garage stall. One handicapped stall will be provided. The plan, therefore, complies with the Zoning Ordinance. The plan also calls for two loading berths and a turnaround area 1-.- 3-12-92 1 for trucks on the east side of the site. Landscaping The proposed plan calls for 16 Maple, 5 Ash, and 20 Spruce trees. The Maples are proposed primarily in the perimeter green areas. Three Ash are to be located in a large island between the parking area and the truck access. Spruce trees are scheduled in strategic locations to provide screening of the loading dock area from public view. The plan also calls for 60 shrubs, primarily around a patio area to the west of the building. Specific species have not been provided, but the general character of the landscaping is evident from the plan. The total point value of the proposed plantings is 350 points based on the City's LandscapePoint System. This exceeds the point value required. One landscaping feature which still needs to be added is screening of the parking lot from Shingle Creek Parkway. We would suggest appropriate shrubbery such as Red Twig Dogwood be used to accomplish the required screening in the relatively narrow space that will exist until Shingle Creek Parkway is realigned. Grading/Drainage/ Utilities The drainage and utility plan provides for all drainage to be conveyed via storm sewer to a holding pond on the east side of the site. The outlet from the pond willbe a 12" storm sewer line that will connect to a 30" City storm sewer line in Shingle Creek Parkway about 200' southeast of the site. An 8" water line will serve both fire suppression and domestic systems. An 8" sanitary sewer line will have a clean out just outside the building and a �- manhole at the property line. Berms are indicated in the greenstrip along Shingle Creek Parkway, in the greenstrip northwest of the building, east of the loading dock, and in the main parking lot island separating the parking area from the loading area. We would recommend that more berming be provided adjacent to Shingle Creek Parkway when the realignment is completed. Building The westerly portion of the building will be office and the easterly portion fo the building will be the industrial section, containing food processing, storage, and shipping and receiving functions. The exterior of the building will be a combination of face brick and castlerock decorative autoclave concrete block with a metal standing seam roof (copper color). The face brick will be used primarily along the upper portions of the office portion of the building. The roof line will be marked by a high parapet wall which elevates in a decorative facade behind a semi -copal roof over the the semi -circular reception area at the west end of the building (see reduced drawings, attached). A second story addition in the future is a possibility. Lighting/Trash The plan indicates 11 15' high light standards evenly spaced around the parking and loading areas with 150 watt high pressure sodium *%WW. 3-12-92 2 light fixtures. Trash and food scraps will be handledin a trash room next to the enclosed shipping bay. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the 3-12-92 3 greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12. Approval of site and building plans is subject to approval of variance application #92006. 13. The ownerof the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U.S. Department of Agriculture prior to issuance of the certificate of occupancy. 14. The outside storage of trailors, equipment or products is strictly prohibited. 15. There shall be no retail sales of products on the use site. Submitted by, Gary Shallcross Planner Approved by, Ronald A. Warren, Director of Planning and Inspections 3-12-92 4 Planning Commission Information Sheet Application No. 92006 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Southeast quadrant of Shingle Creek Parkway and 69th Ave. N. Request: Variance The applicant requests approval of an interim variance from Section 35-413 of the Zoning Ordinance to allow less than a 50' buffer along Shingle Creek Parkway until the realignment of Shingle Creek Parkway is completed. The property in question is zoned I-1 and is the same as for application #92005. It is bounded on the north by 69th Ave. N. , on the southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. Section 35-413 of the Zoning Ordinance requires a buffer strip of not less than 50' where an I-1 or I-2 use abuts R-1, R-2, or R-3 zoned property across a street. In this case, there is R-3 zoned property (the Earle Brown Farm Townhouses and the Earle Brown Farm Estates) across Shingle Creek Parkway. The applicant proposes to build the front parking lot to within approximately 7' of the Shingle Creek Parkway right-of-way line. After the roadway realignment and attendant right-of-way vacation, the buffer will be over 501. The variance request is, therefore, temporary. The Board of Adjustments an Appeals (Planning Commission) may recommend and the City Council may grant variances from the literal `�.. provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after demonstration by evidence that all of the standards for a variance contained in Section 35-240 are met. The applicant has submitted a letter (attached) in which he addresses the variance standards. A recitation of those arguments and staff comments follow: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. Applicant: "The area of setback to be varied is an area of restrained use due to the vacation of Shingle Creek Parkway R.O.W. South of the intersection of 69th Ave. No. The triangular shape of Tract 'K', organic soil composition on the North East half of the site and topography cause a hardship to the owner in that the site restricts the building location to the West side of the property on the "high" ground;" Staff: This site has unstable soils, especially on the east side �"' 3-12-92 1 of the site. It is, therefore, preferable to locate the building toward the west side of the site. At the same time, the applicant wishes to put the best part of the building (the front) toward the intersection to project the most attractive image possible. For parking to be convenient, it is preferable to locate it in front of (west of) the building. The combination of this set of circumstances tends to push required parking into the required green area adjacent to Shingle Creek Parkway. In this particular case, Shingle Creek Parkway is being realigned and some right-of- way will be vacated. In lieu of the future vacation, it seems unreasonable to apply the full buffer requirement and unduly burden this site. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. Applicant: "The Shingle Creek Parkway R.O.W. vacation that has been decided upon by the City of Brooklyn Center, creates a unique condition to justify this temporary variance. There has been a precedence already set in the City for granting such a temporary variance when R.O.W. Vacation occurs;" Staff: This sort of interim variance was granted in the case of the Earle Brown Commons where Earle Brown Drive is being partially vacated. In that case, a lesser setback and greenstrip were allowed in lieu of the future vacation. We feel this situation is similarly unique. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. Applicant: "This condition has not been caused by the Owner but has resulted by the R.O.W. Vacation, an act outside the control of the property owner;" Staff: The right-of-way vacation is not so much the cause of the hardship as the soil conditions and topography which push the building to the west. The right-of-way vacation makes it possible for the buffer requirement to be met in the long run. The prospect of that vacation may make observing the letter of the regulations now an unnecessary hardship. Both the soil conditions and the right-of-way vacation are circumstances beyond the control of the property owner. (d) The granting of the the public welfare improvements in the land is located. variance will not be detrimental to or injurious to other land or neighborhood in which the parcel of 3-12-92 2 Applicant: "By granting this temporary variance, no detrimental impacts will be created to other land or improvements in the neighborhood. There will still be more than adequate buffer between the improvements an Tract 'K' and the realignment of Shingle Creek Parkway." Staff: There should be no adverse impacts once Shingle Creek Parkway is realigned. There are, in fact, no townhouses built in the area directly across Shingle Creek Parkway from this site. Conclusion and Recommendation In general, we agree that the proposed variance meets the standards for a variance contained in Section 35-240. The proposed variance is also consistent with other variances granted to other properties in the similar circumstance of abutting right-of-way that will be vacated in the foreseeable future. We, therefore, recommend approval of this application, based on the following findings: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2. The circumstance of impending right-of-way vacation is. relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3. The soil conditions and the future right-of-way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4. The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5. variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. �" 3-12-92 3 Submitted by, Gary Sha Lross Planner Approved by, (a - (,j Ronald A. Warren Director of Planning and Inspections 3-12-92 4 N%.-