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2005 05-12 PCP
• PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 12, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - April'28, 2005 4. Chairperson's Explanation The Planning Commission is 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. • 5. CBR Development, LLC 2005 -008 Request for Preliminary Plat approval to divide the lot at 3955 69th Avenue North into eight lots and an outlot for a townhouse development. (This item was tabled at the April 28, 2005 meeting.) 6. CBR Development, LLC 2005 -009 Request for Site and Building Plan approval for an eight unit townhouse development on the lot currently addressed 3955 69' Avenue North. (This item was tabled at the April 28, 2005 meeting.) 7. Other Business I 8. Adjournment Application Filed on 4 -07 -05 City Council Action Should Be Taken By 6 -06 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -008 Applicant: CBR Development, LLC Location: 3955 69th Avenue North Request: Preliminary Plat The applicant, Thomas Rollings on behalf of CBR Development, LLC, is seeking preliminary plat approval to divide the lot located at 3955 69 Avenue North into eight lots and an outlot for development of an eight unit, potentially owner occupied, townhouse complex. Planning Commission Application No. 2005 -009 is a companion application requesting site and building plan approval for this eight unit townhouse complex. The property in question is zoned R -3 (Multiple Family Residence — Townhouse /Garden Apartments) and is located on the south side of 69 Avenue North on the lot immediately west of the city water tower. It is surrounded on the east, south and west by other R -3 zoned property containing the city water tower (east), the Victoria Townhomes (south), and a non - conforming single family home (west). To the north is 69 Avenue North with a large landscape median dividing the east and west bound lanes with R -1 zoned property on the opposite side of the street. Townhouses such as those being proposed for development are permitted uses in this R -3 zone. • The existing lot is a metes and bounds description of a portion of Lot 3, Auditor's Subdivision No. 25. This description includes a portion of the 69 Avenue North right of way (33 ft.) that will be formerly dedicated with the new plat. The resulting land area of the plat, minus the right of way, will be approximately 38,598 sq. ft. or .89 acre. The proposed plat will create eight lots in two blocks (Lots 1 -4, Block 1 and Lots 1 -4, Block 2) and Outlot A (the common area). Each of the owners of the individual lots will own an equal interest in the common area, which will be controlled by the homeowner's association documents, which will be filed as a Declaration of Covenants and Restrictions with the final plat. These documents should be reviewed and approved by the City Attorney prior to final plat approval. The eight townhouse lots to be created will be in two groups of four. The corner lots in the two blocks are 40 ft. by 44 ft. while the interior lots are 35 ft. by 44 ft. A 26 ft. wide drainage and utility easement, where utilities serving the units will be located, runs between Blocks 1 and 2. This will also serve as the drive lane for the two 4 -unit buildings. The property lines will separate the units along the common walls. Based on the applicant's proposal, a new drive way opening on 69 Avenue North at the center of the site will need to be constructed while the existing drive way will be abandoned. • 4 -28 -OS Page 1 The density requirement for an R -3 use is 5,400 sq. ft. of land per dwelling unit, or • approximately eight units per acre. The applicant will be seeking a density credit per Section 35- 400, Subdivision lb of the zoning ordinance which allows the total square footage to be reduced by 500 sq. ft. for each required parking space located under the building. This is a part of the consideration of Application No. 2005 -009. The final plat can only be approved in the manner submitted if the density credit is granted under the above mentioned application. The Director of Public Work's /City Engineer is reviewing the preliminary plat as well as the drainage, grading and utility plans and will offer written comments for the Planning Commission's consideration. The size of the site is below the threshold for requiring Watershed Management Commission review. The Public Work's Director and I have reached the conclusion that we can only recommend approval of the preliminary plat and the accompanying site and building plan if a new access arrangement is provided. This would require the City Council to authorize a shared access drive along the south side of the water tower site to France Avenue North. This access would serve as access to the subject site as well as access to the other R -3 zoned properties to the west. This access drive would not be a public street or alley but would serve as a private drive for these properties. The cost of developing the access drive would be borne by the developer. The Public Work's Director also believes that utilities serving the sites should be in this area connecting to existing utilities in France Avenue North. No access to the site or adjacent R -3 sites would be gained from 69 Avenue North. Potentially four or five similar complexes as proposed under this application could be developed, • each of which could have access to 69 Avenue. U -turns would be common on 69 Avenue North at France and at Halifax that would create unacceptable traffic hazards and safety concerns. Prohibiting access to these developments directly from 69 forcing access to France, would be a much more desirable situation. We have encouraged consolidation of lots for townhouse development but apparently this is not feasible at this time and the developer wishes to exercise his right to develop the property separately. A ublic hearing has been scheduled p g u ed and notices have been sent. RECOMMENDATION This Preliminary Plat approval should be subject to at least the following conditions: 1. The final plat is subject to review and 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 -28 -05 . Page 2 it i • 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. 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. • 4 -28 -OS Page 3 Brooklyn City of rookl o n Center A Millennium Community MEMORANDUM DATE: April 25, 2005 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: CBR Development — 3955 69 Avenue North Preliminary Plat and Site Plan Review Planning Commission Application 2005 -008 and 2005 -009 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Application 2005 -008 and 2005 -009 for property located at 3955 69 Avenue North. • Certificate of Survey & Topographic Survey dated March 1, 2005 • Preliminary Plat dated April 8, 2005 • • Preliminary Utility Plan dated April 8, 2005 • Preliminary Site and Storm Plan dated April 8, 2005 • Preliminary Grading Plan dated April 8, 2005 The following comments and recommendations regarding the proposed preliminary plat and site plans are provided for your consideration. Preliminary Plat 1. The northern 33.07 feet of the plat area shall be dedicated to the public as street right -of- way for 69 Avenue North. 2. Public drainage and utility easement shall be dedicated over the entire portion of Outlot A. 3. The applicant will be required to enter into a Subdivision Agreement and an Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems with the City to provide for the construction and operation of shared utility infrastructure. 4. All right of way and easements necessary to provide street and utility service to the proposed site development or accommodate proposed relocation of existing public utilities within the site shall be dedicated to the public for public use with the final plat. • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX 763 569 -3494 www.cityofbrooklyncenterorg 5. The Developer shall coordinate site development plans with Xcel Energy, Centerpoint • Energy, Quest Communications and other private utility companies. Site Access and Traffic Issues Traffic access to the proposed development site is limited to a right -in and right -out access condition to eastbound 69 Avenue. The proposed development has the potential for generating a high number of U -turn movements at the intersection of France Avenue and 69 Avenue as well as the intersection of Halifax Avenue and 69 Avenue. The existing median at the intersection of Halifax Avenue and 69 Avenue is not configured to safely allow U -turn movements. Vehicle attempting to make a U -turn at Halifax Avenue currently block a westbound drive lane for 69 Avenue North. Based on these access issues, engineering staff recommends that the site plan be modified to include one of the following two options to address the limited access issue. 1. Provide site access from France Avenue through the southern portion of the adjacent water tower site and close the existing driveway access onto 69 Avenue North. This option would require the developer to acquire an access easement from the City to construct the private driveway across the water tower site. Staff further recommends that the developer enter into an agreement to allow future development to the west of the site to use the proposed driveway access across the southern portion of the property to access . France Avenue. 2. Construct a left turn lane along westbound 69 Avenue approaching the intersection of Halifax Avenue at the developer's expense. This is the least desirable of the two options because it would not reduce the frequency of U -turn movements along 69 Avenue. Water Supply and Sanitary Sewer Service Water and sanitary sewer service is currently available along France Avenue south of 69 Avenue to serve the proposed development. The existing public sewer and water systems can provide adequate service for the proposed land use. 1. The utility plan shall be revised to include a note indicating that water and sewer services for the existing home within the plat must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the city engineering division office. 2. The water meter must be removed from the existing structure prior to building demolition. 3. The Utility Plan shall be amended to show connections to the public water and sanitary • sewer system from France Avenue. • 4. It is recommended that the applicant review the need for 8" diameter water main within the site to determine if 6" diameter main would be sufficient. 5. Utility service extensions must meet City of Brooklyn Center design standards. The location and method of connection to existing water and sanitary sewer services shall be subject to approval by the Supervisor of Public Utilities. 6. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. Storm Drainage The site plan submittal is incomplete with respect to addressing storm water management requirements for site development. The proposed site improvement would convert a substantial portion of the site to impervious surface. NPDES regulations require that land development projects incorporate construction and post - construction storm water best management practices to control the rate and quality of storm water discharges. 1. The preliminary site plan documents did not include storm water design calculations or other supporting drainage information. The applicant shall provide a site storm water • management plan, including drainage calculations and detailed design drawings for proposed storm water management facilities, to the Engineering Division for review prior to submitting the final plat for approval. 2. Post - construction storm water best management practices shall be incorporated into the site plan to adequately address all storm water management requirements as established by the Shingle Creek Watershed Management Commission. These standards can be found at: httD:// www .shinizlecreek.or-/aDDendixb.Ddf. 3. Erosion control measures shall be installed prior to starting site grading operations. The owner will be responsible for the prompt removal of all dirt and mud tracked onto public streets from the site during construction. 4. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information provided by the applicant at the time of this review. Subsequent approval of the final site plans may require additional modifications based on engineering requirements associated with final design of water supply, storm drainage, sanitary sewer, gas and electric service and final grading as established by the city engineer and other public officials having jurisdiction over approval and recording of the final plat. r GIrW Lu '�-- -- -• AVE/ IN. EN 7O7H AVE. N. planning Commission ' 4 Application No. 2005 -008 ` !, AVE .s.l�oss W %( ND > E M , MOUND ..-� z CEMETERY _a .� GRIMES -- a --� AM. N. �ti PL _...� R1 R3 Z ' C2 W ui -r . Ag U. Lu i S E 4r p tu GARDEN Q R'T•.•: _ CITY Ida R fan eq Y1a�.,`� s ii47 iii S r �n p,s q IQ r •. s "� G CX Olt a- �� a Ho 1 1� # to • .� _ r Qjct the a z i x a A 'v 8 Ali 1 ARM. 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NW 114 of s- J, - - - -_ -- y---- _ /'1VC N--- _ - - - - -_ N (busty Afmumwlr a/M. ,� � 1�9IIYIBT NW 1/I e/ S.e JA T. I)Y, R ZI mr AL AREA a 1.00 ACRE — — — AREA LESS 69TH At•£ ROW - 0.89 ACRE CM VEHM OPANNT ouTLOT Q BU i9 ,1971 1 I PLMWIN. w 99,18 (N.RV.O. 1919) =21 17.91 W 96 7.; > &OQ! M& TYP g LOT tAC 77P 98 SP - - - - -- pro.- LI.I z I 1 g -v r av s7o, I ffAV *W E 25 LL I r VICINITY MAP I QT TYPICAL SUB0 • i i 4 IN AW NORM 9 T ----- i � P9accrLarAna+ W1, � � 9sx I w•IeWSrA/e N \ — — .P00.69 saDat,s'n — I I � I I hafr. en. aaR °e ve•°w d—fto h � 1 Motu R.L.S. 0. 595 s 98 —6) I D4 i I \ E Apt Bldg Lgd B..N6Han: Mo 9MMy f60.J4 /oot of Mo EufN fh 190. ly Xam AM of 6W NN7, Not (u mo.NOU prong No e.nt� M of FWnvo A—) of Lot 3 Awtwo A"KOM Ne. 11 NwNi* tburt. Yinuef4 oomm Ov to N. raid PW m~- Q Bu oNrpNdp mLl and pl°M hdb t. U t ft o0r � 4 t — ¢.i ° --old erN.v a. L°yal Ouvprkn h 9oN H—wh Lb,Nty t. nnNrd4 h ° &W lb' of pA*-V d. Wd dumblhn m 0. w6Rub of a* oeaWe u .00d fR10 TOM ROL .ECT N0: CBR DEVELOPMENT I 2_a5 -OW2 ` PRELIMINARY PLAT KDJLI NI •OIILYR9WIG® ` ._.— SHE aml7lc LIQ v 1K sml ar rNatWl� I f"�1'7TTl/1 tr..wi LINOB M.P.C. , y �� ` " ` °O1 BROOKLYN CENTER, MN SHEET .P.C. NO. OF 4 ET "` 04M,.,„� -. i Application Filed on 4 -07 -05 • City Council Action Should Be Taken By 6 -06 -05 (60 Days) L Planning Commission Information Sheet Application No. 2005 -009 Applicant: CBR Development, LLC Location: 3955 69th Avenue North Request: Site and Building Plan Approval The applicant, Thomas Rollings on behalf of CBR Development, LLC, is seeking site and buildinglan approval to construct eight townhomes on a .89 acre lot currently addressed as 3955 69 Avenue North. The site is the subject of a preliminary plat proposing the creation of eight townhouse lots and an outlot or common area under Planning Commission Application No. 2005 -008. The property in question is zoned R -3 (Multiple Family Residence — Townhouse /Garden Apartments) and is located on the south side of 69 Avenue North on the lot immediately west of the city water tower. It is surrounded on the east, south and west by other R -3 zoned property containing a city water tower (east), The Victoria townhomes (south), and a non - conforming single family house (west). To the north is 69 Avenue North with a large landscaped median dividing the east and west bound lanes of 69 with R -1 (One Family Residence) property on the opposite side of the street. Townhomes such as those being proposed for development are • permitted uses in this R -3 zoning district. The applicant proposes to demolish an existing single family home and shed currently located on the site in preparation for the building of the eight townhomes. DENSITY The site in question is approximately 38,598 sq. ft. or .89 acre. At 5,400 sq. ft. of land per dwelling unit (the minimum land area requirement for an R -3 use), this eight unit proposal would require 43,200 sq. ft. of land. The applicant proposes to meet the zoning ordinance density requirements by utilizing the provision contained in Section 35 -400 Subdivision lb which allows the total minimum land area to be reduced by 500 sq. ft. for each required parking stall in or under a multiple residence. Two tuck under garages per dwelling unit are proposed which would allow the minimum land area for this development to be reduced by 8,000 sq. ft. requiring a total land area of 35,200 sq. ft. This proposal, therefore, would meet the zoning ordinance density requirements if the density credit mentioned above is approved. ACCESS/PARKING The applicant's proposed access to the site will be from 69 Avenue North at the center of the site. An existing driveway curb cut will be abandoned and a new one established. A concrete • 4 -28 -OS Page 1 apron will be removed and boulevard grass, sidewalk and curb and gutter must be reestablished to Engineering Department specifications. A new drive way also meeting Engineering • j Department standards for curb and gutter, concrete apron and sidewalk will need to be provided. The proposed access is right in/right out only at the present time. The staff following much review, comment and input is very concerned regarding access to this site given the fact that other lots to the west of this site are also zoned R -3 and are subject to redevelopment as townhouses. It appears that a total of 32 townhomes could be built in this area, west of the water tower to the car dealership site further to the west. With only right in/right out access, U -turns at France Avenue and Halifax Avenue along 69 Avenue will become very common. This is an unacceptable traffic pattern given that number of dwelling units in this area. Currently five single family homes occupy these sites and that traffic level is tolerable. We are suggesting to the developer a reconfiguration of the access to the site, eliminating access on 69 Avenue North and establishing cross access to this site over the water tower property at its very south end. It would be our recommendation that a drive way through the water tower site eventually extend all the way to the west to serve the back portion of all of these lots as they are redeveloped to townhouses. We have not at this point had the opportunity to meet with the developer to express the staff concerns and potential for redesign of the site but will be doing so and, hopefully, will have a different access proposal for consideration by the Planning Commission. We feel strongly regarding this recommendation to the point that if this is not worked out, the staff would have difficulty making a favorable recommendation with respect to this development plan. The continuation of this report is based on the plans submitted by the applicant to date and • comments reflect that specific plan not the modified plan we are hoping to have accomplished prior to the Planning Commission's consideration. The zoning ordinance requires a minimum of two parking spaces per dwelling unit, in this case eight parking spaces. The two 4 -unit buildings will face each other in the approximate center of the site. Building setbacks are 50 ft. measured from the front parking line for residences abutting on a major thoroughfare (69 Avenue North). The other building setbacks are 40 ft. for the rear yard and 10 ft. for the side interior yards. The applicant's plan is to have all of the required parking (eight stalls) under the building as mentioned above. In addition, they will provide nine more parking spaces for guests, etc., three in front of the westerly building and six to the rear of the two buildings. Additional parking could be provided in front of the east building if needed. The drive way separating the two buildings is 26 ft. in width, which is wide enough for a drive lane and to access the garages, but it is not large enough to provide for parking outside the garages. Parking on the site should be adequate given the applicant's plan. Modifications to the site to accommodate a drive lane along the rear of the property connecting with the properties to the west and France Avenue to the east should be made. 4 -28 -05 Page 2 GRADING/DRAINAGE/UTILITIES. The applicant has submitted a preliminary grading, drainage, utility and erosion control plan that is being reviewed by the Public Work's Director /City Engineer. He has given me some preliminary comments regarding the adequacy of these plans given the plan submitted. He is offering written comments with respect to this aspect of the plan as well as traffic concerns given the existing proposed plan. These comments will be forwarded to the Planning Commission for consideration. The Public Work's Director has commented that if an access to this site and sites to the west is accomplished through the water tower property, utilities could be run connecting to France Avenue rather than to tie into existing utilities on 69 Avenue North. The grading and drainage plan needs modification as well. If the proposed access plan is acceptable, it would also be our recommendation that no access to this site be granted from 69 Avenue North. B -612 curb and gutter is required around all parking and driving areas. The applicant proposes an approximate 26 ft. wide drainage and utility easement between the two rows of housing. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .89 acre site requires 90 landscape points. The applicant proposes to meet the landscaping requirements by providing five deciduous trees such as Sugar Maple and Marshall's Seedless Ashe, six coniferous trees (Black Hills Spruce), and 55 shrubs and perennials such as Red Twig Dogwood and Anthony Waterer Spirea. The two Sugar Maple would be located on either side of the entrance drive along 69 Avenue North and the three Marshall Seedless Ashe would be to the rear of the property. The Black Hills Spruce would be in clumps of three again on either side of the access drive in the front of the buildings. Shrubs would surround the buildings along the east and west sides as well as some shrubbery to the rear of the site. A matter that needs to be addressed is the requirement in Section 35 -410, Subdivision 6 of the zoning ordinance requiring a certain number of six inch diameter or larger trees on residential developments such as this. One such tree is required for the first six dwelling units (or portion thereof) and an additional tree for each seven dwelling units (or portion thereof) in excess of 6 units. This would mean that two six inch diameter trees would be required for this eight unit townhouse complex. Existing trees over six inches in diameter which can be saved could be counted towards meeting this requirement. The survey shows a 24 in. Maple and a 24 in. Oak tree on the site but it is not certain that either of these could be saved. The applicant should indicate their acknowledgement for meeting this requirement of the zoning ordinance. The landscape plan indicates sod around the perimeter of the buildings. An underground irrigation system is not required in an R -3 zoning district; however, one is strongly encouraged. . 4 -28 -OS Page 3 BUILDING The applicant has provided building elevations and floor plans for the proposed townhomes. They are proposing vinyl siding and trim with asphalt shingles. Elevated decks are proposed to the rear of the units and a stairway and railing leading to the front doors are also proposed. TRASH/LIGHTING No central outside trash area is proposed. It is assumed that trash will be picked up individually at each of the townhome units. This should be confirmed. If a central trash area is to be provided, it should be appropriately screened from view. No lighting plan for exterior lighting has been submitted. It is assumed that individual units will have front and rear lighting that will be wall mounted. The applicant is platting the property so that each of the townhomes can be sold and the common area would be owned in common and maintained by members of the homeowner's association. As mentioned with the preliminary plat, homeowner's association documents will need to be prepared and approved by the City Attorney and filed with the title to the property. The proposed use is a permitted use requiring site and building plan approval only. No public hearing is required, therefore, no notices of the Planning Commission's consideration were sent with respect to this application. As mentioned previously, we have concerns regarding access to the site and will be meeting with the developer, hopefully, prior to the Planning Commission's consideration of this application. If the present access arrangement continues, the staff would not be inclined to recommend approval of this application. RECOMMENDATION If the access matters can be resolved, we would offer the following conditions for consideration: 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 surgery of the property, improvements and utility service lines prior to release of the performance guarantee. 4 -28 -05 • Page 4 L 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. 9. The landscape plan shall be modified prior to the issuance of building permits to acknowledge at least two 6 -inch diameter shade trees. 10. 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. 11. 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. • 4 -28 -OS Page 5 ■ rl WL L u it �n W � � t I oft JAVE� N. r T Planning Commission E . T " 7° " A" F- N. Application No. 2005 -009. 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L CEIVLD .... ....... . ------ .......................... ............................ ... ..... .. . ...................... ............................................................. .. . ..... .. - - ------------ 07 200! CITY OF BROOKLYN CE I � I I I � I � r 3� Townhomss aces eew �w.. K wsosys onM.r Mt y I s Betiding �ry �+r ; y t3setione RECEI iP D Ar K U "I 2 00 ..... [A-3 3 F BROOKLYN CENTER � 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 APRIL 28, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Rex Newman, 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. Commissioner Rahn was absent and unexcused. APPROVAL OF MINUTES — APRIL 14, 2005 There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to approve the minutes of the April 14, 2005 meeting as submitted. The motion passed. Rex Newman 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. Mr. Warren presented the staff report describing the location of the property and the proposals. (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 pointed out to the Commission that he and the Director of Public Works met with the applicant after reviewing the plan submitted and they determined that access to the site from 69 Avenue North would not be acceptable and it would be necessary to alter the plans to show access to the site from France Avenue North. The applicant agreed with city staff to resubmit plans indicating the modifications to the site plan as suggested. There were various questions raised by the Commission regarding the application relating to access, density, utilities and possible plan modifications which Mr. Warren offered further • explanation and clarification. 4 -28 -05 Page 1 A • PUBLIC HEARING — APPLICATION NO. 2005 -008, There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 2005 -008, at 8:39 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Mr. Tom Rollings, 4550 Weston Lane N, Plymouth, introduced himself and addressed a question raised earlier regarding exterior lighting and underground irrigation. He stated that lighting will be located on the north side of the buildings as well as motion lights. He added that although not required, they would be installing an underground irrigation system for ease in maintenance on the site. He also acknowledged his responsibility for constructing and maintaining the access drive proposed to be located over the south portion of the city water tower site. Commissioner Roche asked if the developer had talked to the property owner directly to the west regarding this development. Mr. Rollings stated that he has not directly talked to them but a real estate person had and there wasn't much interest expressed by the property owner in selling at this time. Commissioner Roche also asked about consideration being given to changes in the landscaping plan to allow adequate buffer to the site to the west as well as to add to the landscaping along 69 Avenue North. He suggested adding White Pine to the plan along the west property line. • Mr. Rollings responded that they would be willing to work with the city staff regarding what affect they would like regarding landscaping. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Roche, to close the public hearing on Application No. 2005 -008, at 8:49 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Boeck stated he believes the application has merit and is an improvement to the area with the changes recommended by the staff, however, he feels it is difficult for the plans to be signed and approved as submitted. He suggested that the application be tabled until the plans can be amended and resubmitted to the Planning Commission for consideration to include the staff recommendations. Chair Willson stated that he agreed with Commissioner Boeck's comments. Mr. Warren explained that an easement on the water tower site would not be considered by the City Council until after the Planning Commission Applications were offered for their • consideration. He added that the recommended access changes were not presented to the 4 -28 -05 Page 2 applicant by city staff until after the report was prepared, which did not allow the applicant much time to resubmit his plans prior to tonight's meeting. Mr. Rollings requested to address the Commission. He stated that the plans are being prepared to indicate the changes requested by staff. There was further discussion by the Commission regarding the disposition of the application. There was a general consensus among the Commission to table the application until new plans are submitted for review and consideration by the Planning Commission indicating the changes. ACTION TO TABLE APPLICATION NOS. 2005 -008 and 2005 -009 - CBR DEVELOPMENT, LLC There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to table Application Nos. 2005 -008 and 2005 -009, submitted by CBR Development, LLC for Preliminary Plat approval 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. Voting in favor: Chair Willson, Commissioners Boeck, Newman, Reem and Roche. Voting against: Commissioner Lund The motion passed. The Planning Commission will reconsider the application at its May 12, 2005 meeting. 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 9:10 P.M. Chair Recorded and transcribed by: Rebecca Crass i 4 -28 -05 Page 3