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Home My WebLink About2005 05-12 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 12, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Rex Newman, Sean Rahn, Dianne Reem, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. APPROVAL OF MINUTES — APRIL 28. 2005 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the April 28, 2005 meeting as submitted. The motion passed. Commissioner Sean Rahn abstained as he was not present at the meeting. 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 NOS. 2005 -008 & 2005 -009 CBR Development, LLC, Chair Willson introduced Application Nos. 2005 -008 and 2005 -009, a request from CBR Development, LLC, for Preliminary Plat and Site and Building Plan approval to divide the lot at 3955 69 Avenue North into eight lots and an outlot for an eight unit townhouse development on the lot currently addressed 3955 69 Avenue North. These applications were tabled at the April 28, 2005 Planning Commission meeting pending the submission of modified plans which reflected a change to access to the site and the landscape plans. Mr. Warren presented the staff report describing the location of the property and the proposals pointing out the modifications submitted and reviewed additional recommendations of approval. (See Planning Commission Information Sheets dated 4 -28 -05 for Application No. 2005 -008 and 2005 -009 and the City Engineer/Public Works Director's report dated 4- 25 -05, attached.) Mr. Warren explained that townhouse association documents would need to be developed as well as a cross access agreement between the city and the developer which would allow access to France Avenue North from the water tower property to include a private drive to the west for future development of additional townhomes. He added that the right in and right out access from 69 Avenue North has been removed from the revised plan and the utilities for the site will 5 -12 -05 Page 1 be coming in from France Avenue with the intent of extending down to the west for future development. Commissioner Reem inquired about outdoor lighting on the side of the buildings near the parking area. The applicant, Mr. Tom Rollings, responded that additional lighting near the parking area would be added to the plan. Mr. Warren suggested that it could be added as a condition of approval. There was a consensus among the Commission members to add a condition of approval regarding additional lighting on the site. There was a motion by Commissioner Boeck, seconded by Commissioner Roche to remove the applications from the table and take them under consideration for approval. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioners interposed no objections to approval of the Application. Commissioner Boeck inquired about adequate `guest' parking on the site to eliminate a turn around area on the site. Mr. Tom Rollings responded that there is guest parking at the south side of the site which will be marked as such and they feel there is adequate number of space considering the size of the site. Mr. Rollings responded to an inquiry by Commissioner Boeck that he understands all the recommended conditions of approval as previously outlined by Mr. Warren and that he agrees to abide by them and provide the necessary arrangements and agreements to allow access to the property to the west. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-008 - CBR DEVELOPMENT. LLC There was a motion by Commissioner Lund, seconded by Commissioner Roche, to recommend approval of Application No. 2005 -008, submitted by CBR Development, LLC for Preliminary Plat approval to divide the lot at 3955 69 Avenue North into eight lots and an outlot for an eight unit townhouse development subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the city ordinances. 3. Final plat approval is subject to the approval of Planning Commission Application No. 2005 -009 granting density credits per Section 35 -400, Subdivision lb to allow eight dwelling units within this plat. 4. A Declaration of Covenants and Restrictions along with homeowner's association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5 -12 -05 Page 2 5. Final Plat approval is contingent on access arrangements and agreements allowing access from the site to France Avenue North and authorizing access through this site to the properties to the west. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Newman, Rahn. Reem and Roche. The motion passed unanimously. � The Council will consider the application at its May 23, 2005 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-009 - CBR DEVELOPMENT, LLC There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend approval of Application No. 2005 -009, submitted by CBR Development, LLC for Site and Building Plan approval to for an eight unit townhouse development 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. 3. A site performance agreement and supporting financial guarantee in an amount of be determined based on cost estimates, shall be submitted prior to the issuance of 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 prior to 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 construction of utilities and curb and gutter shall conform to the City of Brooklyn Center current Standard Specifications and Details. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 5 -12 -05 Page 3 9. Plan approval acknowledges sufficient density credits for under building parking to allow eight townhome units on a.89 acre site pursuant to Section 35 -400, Subdivision lb of the zoning ordinance. 10. The homeowner's association documents proposed for this townhome complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 11. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. Access to the subject site from France Avenue North shall be provided over the city water tower site. An appropriate cross access agreement as approved by the City Attorney shall be executed and filed with the title to the properties. Said access agreement shall also extend over the subject property to provide access to the property to the west. 13. The plans shall be modified prior to the issuance of building permits to provide additional lighting for the parking area south of the buildings consistent with the requirements of Section 35 -712 of the City Ordinances. Voting in favor: Chair Willson, Commissioners Boeck, Lund, Newman, Rahn, Reem and Roche. The motion passed unanimously. The Council will consider the application at its May 23, 2005 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 There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:10 p.m. Chair Recorded and transcribed by: Rebecca Crass 5 -12 -05 Page 4