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HomeMy WebLinkAbout2004 01-15 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 JANUARY 15, 2004 i 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, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem 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 — October 30, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the October 30, 2003 meeting as submitted. The motion passed. Commissioner Rahn abstained as he was not at the meeting. ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to adjourn the 2003 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:34 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Stephen Erdmann and Rex Newman. CALL TO ORDER: 2004 PLANNING COMMISSION The 2004 Planning Commission was called to order by Acting Chair Willson at 7:35 p.m. ROLL CALL 2004 PLANNING COMMISSION Acting Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Rebecca Crass. ELECTION OF 2004 CHAIR Acting Chair Willson opened the floor for nominations. Commissioner Boeck nominated Commissioner Willson as Chair of the 2004 Planning Commission. Acting Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. 1 -15 -04 Page 1 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the nominations for Chair of the 2004 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to elect Commissioner Willson to the position of Chair of the 2004 Planning Commission. The motion passed unanimously. ELECTION OF 2004 CHAIR PRO TEM Chair Willson opened the floor for nominations. Commissioner Reem nominated Commissioner Newman as Chair Pro Tem of the 2004 Planning Commisison. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the nominations for Chair Pro Tem of the 2004 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Willson, seconded by Commissioner Rahn, to elect Commissioner Newman to the position of Chair Pro Tem of the 2004 Planning Commission. The motion passed unanimously. 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. 2004 -001 EASTBROOK PROPERTIES, LLC Chair Willson introduced Application No. 2004 -001, a request from Eastbrook Properties, LLC, for Preliminary Plat approval to combine six existing lots, two outlots and surplus MN/DOT right of way and divide it into 29 single family residential lots at the southwest corner of T H 252 and 69 Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 1 -15 -04 for Application No. 2004 -001, and the City Engineer/Public Works Director's report dated 1 -8 -04, attached.) PUBLIC HEARING — APPLICATION NO. 2004 -001 There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open the public hearing on Application No. 2004 -001, at 8:03 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant Mr. David Evanson introduced himself and asked the Commission if they had any questions. 1 -15 -04 Page 2 Chair Willson inquired of the applicant if he had reached agreement between all of the affected property owners. Mr. Evanson responded that he has contacted all of the surrounding property owners and this proposed preliminary plat contains unusual circumstance and it is a complex plat at this time, however, he expects all the loose ends to come together. He offered explanation of his meetings with MNDOT and where he is with acquisition of that property. Commissioner Boeck asked for further clarification on the ponding area on the plan. Mr. Evanson demonstrated to the Commission where storm water retention would be located on the site and the reasons for that location. Mr. Walt Wenholz, 501 69 Avenue North, asked about the easements within the plat and whether the existing trees in these areas would have to be removed from the site. He added that he would like to see as many trees as possible left on the site. Mr. Warren responded that it would be up to the developer which trees are removed and those in an easement would not have to be removed unless the placement of utilities required it. He added that the City requires at least one boulevard tree per lot for new residential construction. Mr. Bob Peterson, 6737 5 th Street North, stated he is concerned with the cost involved of extending the road to any existing/surrounding property owners and wondered who would pay for it. Mr. Warren responded that it has not yet been determined, but the City Engineer has stated that it is possible that the developer would be responsible for any costs to road improvements. Mr. Warren further explained that costs to homeowners for road reconstruction and improvements is based on the corresponding value to the properties but in this case the responsible party for the cost has not been determined. Commissioner Boeck explained to Mr. Peterson that residents are notified by a public hearing of any potential assessments to property owners for road improvements. Mr. Evanson stated that he expects the majority of utility development costs to be borne by himself and not surrounding property owners. Mr. Bill Vetter, 6736 Camden Avenue North, explained that he believes that the developer, not the surrounding property owners, should pay for any development costs. He also explained that he feels that leaving any trees standing, after cutting into the root system to make room for roads, could create a hazardous condition if a wind were to come through which might blow over the weakened trees. Tim Roche, 816 69 Avenue North, stated he feels that this development would be an improvement to the area and hoped the Commission would approve the application. No other persons from the public appeared before the Commission during the public hearing on Application No. 2004 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman seconded by Commissioner Boeck, to close the public hearing on Application No. 2004 -001, at 8:29 p.m. The motion passed unanimously. 1 -15 -04 Page 3 The Chair called for further discussion or questions from the Commissioners. The Commission members discussed their thoughts with approving an application that does not seem to be entirely complete and with some "loose ends ". Mr. Evanson explained that this is a very complex site and has been difficult to pull together but he is confidant that all surrounding property owners will come to agreement and his plans for development will be accomplished. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004 -001 EASTBROOK PROPERTIES LLC There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2004 -001, submitted by David Evanson of Eastbrook Properties for Preliminary Plat approval to combine six existing lots, two outlots and surplus MN/DOT right of way and divide it into 29 single family residential lots at the southwest corner of T H 252 and 69 Avenue North 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. The house and accessory buildings currently on the lot addressed 421 69 Avenue North shall be removed or relocated so that they comply with the requirements of the zoning ordinance for the location of structures. This shall be accomplished in conjunction with the filing of the final plat. 4. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn,and Reem. The motion passed unanimously. The Council will consider the application at its January 26, 2004 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. APPLICATION NO. 2004 -002 & 2004 -003 METRO TRANSIT Chair Willson introduced Application No. 2004 -002 and 2004 -003, a request from Pat Jones on behalf of Metro Transit, for Preliminary Plat approval to combine two parcels of land at the northwest corner of County Road 10 and Northway Drive into a single lot for development of a transit facility and Site and Building Plan approval and a Special Use Permit to construct a 4,218 sq. ft. transit facility on this site. 1 -15 -04 Page 4 Mr. Warren presented the staff report describing the location of the property and the proposals. (See Planning Commission Information Sheet dated 1 -15 -04 for Application No. 2004 -002 and 2004 -003, and the City Engineer/Public Works Director's report dated 1 -9 -04, attached.) The Commission expressed their concern with the potential for a high amount of pedestrian traffic across the streets surrounding the site, which can create an unsafe situation. Mr. Warren responded that pedestrians will certainly be crossing the streets and hopefully the site will be designed so as to direct pedestrians into cross walks. He also pointed out the City Engineer's suggestion about the placement of a landscaped barrier along County Road 10 to encourage pedestrians to cross at the traffic signal. The landscape plan does not call for such landscaping, however, it is recommended that a decorative yet functional fence be provided. PUBLIC HEARING — APPLICATION NO. 2004-002 and 2004 -003 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the public hearing on Application No. 2004 -002 and 2004 -003, at 9:43 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Pat Jones, Metro Transit, stated that the Met Council and the City reached an agreement just nine months ago on this site, they have acquired the two properties and things are moving along quickly. They feel that when compared to the existing site, this is a much improved location for the facility and they hope to have construction complete by December 2004. Mr. Jones explained that they hope to have the final plat finalized by March 2004 and asked for flexibility in having the existing structures removed prior to the final plat as outlined in recommended Condition No. 3 of the staff report. Mr. Warren stated that the reason for a final plat being filed prior to construction is to avoid the new building being placed over existing property lines. He added that he's confident that Met Council will file the final plat and he sees no reason to delay their plans for construction by requiring the platting process to be complete prior to beginning construction. The city sees no problem with allowing the removal of the existing buildings and construction of the new building prior to completion of the final plat process if this is necessary to accommodate their schedule. Commissioner Reem inquired about the site and design of the suggested fence. Mr. Jones responded that the architect is working on a decorative fence and those plans will be submitted to city staff. Commissioner Reem inquired about vehicle traffic on the site. Mr. Jones responded that the site is intended for bus traffic only and the site is designed with a few parking spots including some taxi stands that could be used for the purpose of picking up passengers. He added that they discourage buses and cars from mixing on the site. Commissioner Rahn asked about the hours of operation and security on the site. Mr. Jones explained that the facility would be operating approximately 20 hours a day and they will have security on the site as well as daily pick up of trash. Commissioner Rahn further inquired about 1 -15 -04 Page 5 potential problems with off site parking near the site. Mr. Jones responded that the site is a transit hub and people generally do not drive to this location, but rather arrive by bus and wait to transfer. He added that they would consider posting signs that would indicate no bus passenger parking at neighboring locations. Commissioner Erdmann stated that he is concerned with pedestrian traffic entering and leaving the site at the southwest corner and wondered about adding a sidewalk in that area. Mr. Jones responded that they have discussed and are considering adding a sidewalk in this area. Mr. Jones asked to have recommended Condition No. 3 for Planning Commission Application No. 2004 -004 requiring a performance agreement waived since an agreement exists with the City for completion of this project and a performance bond agreement will be established between the Met Council and the contractor. He also asked for some flexibility with recommended Condition No. 15 requiring filing of the final plat prior to issuance of permits. Mr. Warren responded that it seems reasonable to allow construction to begin prior to the final plat being complete if it is necessary to meet the construction schedule. He added since the City has an agreement with Met Council for development of the site, waiving the standard performance bond seems appropriate given the fact that such requirements have been waived for other governmental entities such as the County and School Board. No other persons from the public appeared before the Commission during the public hearing on Application No. 2004 -002 and 2004 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing on Application No. 2004 -002 and 2004 -003, at 10:10 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commission and Mr. Jones agreed that the conditions requiring a performance guarantee and the filing of the final plat before building permits could be issued based on the already executed agreement between the City and Metro Transit and the need for flexibility in meeting the construction schedule. Mr. Jones also committed to providing a decorative fence to control pedestrian traffic and to provide a connecting sidewalk at the southwest corner of the site. The Commissioners interposed no objections to approval of the Application ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004 -002 METRO TRANSIT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2004 -002, submitted Metro Transit, for Preliminary Plat approval to combine two parcels of land at the northwest corner of County Road 10 and Northway Drive into a single lot for development of a transit facility subject to the following conditions: 1 -15 -04 Page 6 I . The final plat is subject to review and approval by the City Engineer. 2. Final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The location of utility easements within the plat are subject to the final approval of the City Engineer. 4. A right of way vacation shall be accomplished prior to final plat approval. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn,and Reem. The motion passed unanimously. The Council will consider the application at its January 26, 2004 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. 2004 -003 — METRO TRANSIT There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to recommend to the City Council that it approve Application No. 2004 -003, submitted by Metro Transit, for Site and Building Plan approval and a Special Use Permit to construct a 4,218 sq. ft. transit facility at the northwest corner of County Road 10 and Northway Drive, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable coded 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. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and 1 -15 -04 Page 7 utility service lines to the City Engineer.. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 10. The special use permit is granted for a public transportion terminal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance shall require an amendment to the special use permit. 11. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department. 13. The applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn,and Reem. The motion passed unanimously. The Council will consider the application at its January 26, 2004 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 Commissioner Reem described how two houses on her block have recently been sold and will be operated as a "housing with services" facility for elderly people with dementia. She stated that she feels that this type of activity turns a "neighborhood" into what feels like a commercial block. She added that the neighboring property owners were not notified of such uses moving into the neighborhood and she is concerned with an over concentration of such uses in the residential areas. Also, any other type of business use in a residential area requires a public hearing and approval by the Planning Commission and City Council; however, this type of use does not. Mr. Warren explained uses defined as "housing with services" and that they are a type of use that the city must allow as a permitted use as long as it meets statutory requirements by only serving six or fewer people. The City is mandated by the State to accept these as permitted uses. He added that city staff has found that this type of facility is not licensed by the State, only registered, and there appears to be no accountability as to what staff is hired or how they are trained. He added that it makes sense to have limitations on how many can be located in an area and how close together they can be to one another. But the City is preempted from making such regulations. He noted that residential facilities in cities of the first class are required to be separated by a distance of approximately 1,300 feet. This is not the case in Brooklyn Center and there is no limit on the number of such facilities located on a city block. 1 -15 -04 Page 8 Commissioner Reem said she has attempted to contact local state legislators to point out these concerns and hopes the City Council will discuss them as well and possibly take some action to remedy these situations. The Commission as a whole expressed their concern also. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:28 p.m. Chair Recorded and transcribed by: Rebecca Crass 1 -15 -04 Page 9