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HomeMy WebLinkAbout2006 12-14 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 14, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:15 p.m. ROLL CALL Chair Tim Willson, Commissioners Grady Boeck, Gary Ford, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Rebecca Crass and Director of Public Works /City Engineer, Todd Blomstrom. Rachel Lund, Sean Rahn and Tim Roche were absent and excused. APPROVAL OF MINUTES — OCTOBER 26, 2006 There was a motion by Commissioner Boeck, seconded by Commissioner Parks, to approve the minutes of the October 26, 2006 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2006 -013 GLOBAL CONSTRUCTION AND INVESTMENT CO, INC. Chair Willson introduced Application No. 2006 -013, a request for site and building plan approval to construct a two unit townhouse at 4821 Twin Lake Avenue North. The property is zoned R -4 (Multiple Family Residence) and allows as a permitted use R -3 uses (townhomes) provided they adhere to the R -3 district requirements. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 12 -14 -06 and the City Engineer/Public Works Director's report dated 12- 11 -06, for Application No. 2006 -013, attached.) Mr. Warren stated that the original plan was submitted with an encroachment into the easement on the property. He explained that the City has suggested that the building be reconfigured and a portion of the easement be vacated. A new easement would be defined and would create a new 25 ft. wide easement, which would protect the existing sanitary sewer line. Mr. Warren pointed out that changes were made to the grading, drainage and utility plan and a modified plan has been submitted by the applicant showing the house moved further back on the property. 12 -14 -06 Page 1 Commissioner Parks asked for further clarification regarding the "no determination association" process mentioned in the City Engineer's letter. Mr. Todd Blomstrom, City Engineer, explained that it is a tool used by the EPA after they have reviewed a project to limit the city's liability for clean up on a property that the city is not responsible for the original contamination of Commissioner Boeck inquired of the City Engineer if the wells are still operating along Hwy 100 and pumping material from the ground water off the Joslyn site. Mr. Blomstrom explained that pumping continues around the Joslyn site since they are still finding contaminants in the area. They are working to keep them from seeping into Twin Lake. He further explained the process involved when dewatering and how the water is discharged off the site. The applicant was invited to the podium by the Commission. Ms. Lori Athias introduced herself and the contractor, both with Global Construction. Chair Willson asked if they have any issues with anything discussed. Ms. Athias stated only that she spoke with the MPCA and they were surprised with what they will have to go through with this project regarding dewatering and the "no determination association" letter. Commissioner Ford stated that this process would clear everyone of liability. Mr. Blomstrom responded that most likely the MPCA would not place any liability on the city or the applicant in view of the situation with the Joslyn site. Commissioner Boeck inquired about the setback from the lake. Mr. Warren responded that the City does not have a shoreline management ordinance and, therefore, the DNR is not involved with such issues, rather the rear yard setback is what's followed. Commissioner Boeck requested that the setback from the lake be reviewed with the DNR. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006 -012 GLOBAL CONSTRUCTION AND INVESTMENT CO, INC. There was a motion by Commissioner Ford, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2006 -013 submitted by Global Construction and Investment Co, Inc. for Site and Building Plan approval subject to the following conditions: 1. The 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 erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works Director's memo of December 11, 2006 must be complied with. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of 12 -14 -06 Page 2 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineer prior to the release of the performance guarantee. 5. 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 building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city engineering department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The application shall provide the city with a "no association determination" letter from Minnesota PCA prior to trenching for utilities and dewatering in the sanitary sewer easement area or the Twin Lake Avenue right of way area. 9. The applicant shall comply with Section 35 -2150, Subdivision 2 of the city's flood plain ordinance with respect to the finished floor elevations for the dwelling units and garages. 10. The applicant is responsible for obtaining a driveway permit from the city's engineering department prior to establishing the new driveway to serve the site. 11. The owner of the property shall obtain a rental dwelling license prior to the renting or leasing of dwelling units in the project if the town home units are to be rented. 12. The owner of the property shall replat the property or file a condominium declaration under the Minnesota Condominium Act if the units are to be sold separately. 13. The owner of the property shall apply for and be granted a vacation of the existing utility easement over the easterly portion of the subject property. A new 25 ft. wide utility easement as approved by the City Engineer shall be dedicated to the City to protect the existing sanitary sewer line. These actions shall be accomplished prior to the issuance of building permits for this project. Voting in favor: Chair Willson, Commissioners, Boeck, Ford, and Parks. The motion passed unanimously. 12 -14 -06 Page 3 The Council will consider the application at its January 8, 2007 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS PLANNING COMMISSION REAPPOINTMENTS, There was discussion regarding the Commission members' appointments that will expire on December 31, 2006. Chair Tim Willson, who has been elected Mayor, will be leaving the Planning Commission. Appointments to Commissioner Grady Boeck, Gary Ford and Sean Rahn will end on December 31, 2006 and Mr. Warren will convey their interest in continuing to serve on the Planning Commission to the City Council. 2006 PLANNING COMMISSION MEETING SCHEDULE, Mr. Warren discussed the proposed 2006 Planning Commission meeting schedule with the Commission and pointed out some dates that might be changed due to conflicts. He added that he would keep the Commission informed of any changes to the meeting schedule. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Ford, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:16 p.m. Chair Recorded and transcribed by: Rebecca Crass 12 -14 -06 Page 4