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HomeMy WebLinkAbout2004 10-28 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 October 28, 2004 CALL TO ORDER The Planning Commission meeting was called to order by Chair ProTem Newman at 7:33 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Rachel Lund. ROLL CALL Chair ProTem Rex Newman, Commissioners Graydon Boeck, Rachel Lund, 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. Tim Willson was absent and excused. APPROVAL OF MINUTES — August 12, 2004 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the minutes of the August 12, 2004 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair ProTem Newman 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 -010 — ATS & R, INC. (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) Chair ProTem Newman introduced Application No. 2004 -010, a request from ATS & R, Inc. on behalf of Osseo School District No. 279 for preliminary plat approval to divide and combine the Willow Lane Early Childhood Center property, Willow Lane Park property and two vacant multi - residential zoned properties at the southwest corner of 71 Avenue North and Brooklyn Boulevard into three new parcels of land. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 10 -28 -04 for Application No. 2004 -010 and the Public Works' Director /City Engineer's memo dated 10/25/04, attached.) The properties under consideration are zoned R -1 (Willow Lane School and Willow Lane Park), R -2 (lot at southwest corner of Brooklyn Boulevard and 71 Avenue North), R -4 (interior lot fronting on Brooklyn Boulevard between Willow Lane School property and the above mentioned corner lot). Commissioners Newman and Reem inquired about access in and out of the site as well access to the Willow Lane School from the newly created facility. Mr. Warren explained how a separation would be created between the two sites and demonstrated how the site would be laid out with 10 -28 -04 Page 1 ingress and egress onto Brooklyn Boulevard including a recommended concrete delineator between the in and out lanes. He pointed out that there would be no vehicle connection between the Willow Lane Early Childhood Center and the new proposed Adult Education facility. APPLICATION NO 2004 -011 — ATS & R INC. (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) Chair ProTem Newman introduced Application No. 2004 -011, which consists of a request from ATS & R, Inc. on behalf of Osseo School District No. 279 for rezoning from R -1, R -2 and R -4 to C -1 of a 3.63 acre parcel of land to be created under Planning Commission Application No. 2004 -010. The parcel will be created through a replatting of this area (See Planning Commission No. 2004 -010) by combining the northeast portion of the Willow Lane School site along with two vacant multiple residential parcels (R -2 and R -4) immediately to the north. The proposed new lot would abut Brooklyn Boulevard and 71 Avenue North. Mr. Warren presented the staff report using an overhead transparency to show the location of the property and the proposal. (See Planning Commission Information Sheet dated 10 -28 -04 for Application No. 2004 -011, attached). Mr. Warren explained that the applicant is also seeking Preliminary Plat approval Under Application No. 2004 -010 and Site and Building Plan approval and a Special Use Permit under Application No. 2004 -012 for a three story, 48,600 sq. ft. service /office building to house the Osseo School District's Adult Education program and a non- profit service group use. Commissioner Lund inquired about the proposed second phase of development which might include a daycare facility on the site and the location of playground equipment. Mr. Warren responded that would be a separate application and those issues would be dealt with at the time the special use permit for a daycare facility is reviewed. APPLICATION NO. 2004-012 ATS & R, INC. (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) Chair ProTem Newman introduced Application No. 2004 -012, a request from ATS & R, Inc. on behalf of Osseo School District No. 279, for Site and Building Plan approval and a Special Use Permit for a three story, 48,600 sq. ft. service /office building to house the Osseo School District's Adult Education program and a non - profit service group use. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 10 -28 -04 for Application No. 2004 -012, attached). The proposed site is 3.63 acres in area and is being created under the plat proposed under Planning Commission Application No. 2004 -010. The site is made up of a portion of the Willow Lane Early Childhood Center (formerly Willow Lane Elementary School) abutting Brooklyn Boulevard and two multi residentially zoned properties (R -2 and R -4) also abutting Brooklyn Boulevard to the north that have recently been acquired by the School District. This site is the subject of the proposed C -1 (Service /Office) rezoning of the property comprehended under Planning Commission Application No. 2004 -011. Mr. Warren also pointed out that the new building, per ordinance requirements, must be setback at least twice the height of the structure where it abuts R -1 zoned property because the structure is more than 2 % stories in height. An adjustment to the plan might have to be made. 10 -28 -04 Page 2 PUBLIC HEARING — APPLICATION NOS. 2004 -010, 2004 -011 and 2004 -012 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to open the public hearing on Application Nos. 2004 -010, 2004 -011 and 2004 -012 at 9:19 p.m. The motion passed unanimously. Chair ProTem Newman called for comments from the public. Tom Fabick, Architect for ATS & R, Inc. introduced himself and the others present at the meeting with him including Elena Peltsman and Jim Koltus from ATS & R and Dave Suman representing the Osseo School District. Commissioner Boeck asked Mr. Fabick about the possibility of an additional fire hydrant on the south side of the site. Mr. Fabick responded that he would address that with City Engineering Department. Commissioner Boeck asked about the drainage proposal and retention pond proposed. He noted that the pond would have to meet Watershed Standards even though no formal Watershed Commission review is required. Chair ProTem Newman inquired about the additional landscape requirements missing from the plan submitted. Mr. Fabick explained that the additional landscaping has been addressed and revisions will be made to their plan. Ms. Agitu Wodaju, 4813 71 Avenue North, indicated that she lives next to the parcels being developed and operates a music business. She stated that she felt she should have had priority to purchase the property in question to operate her business. She expressed an interest in the land and met with the City's Engineering Department. She also contacted the owner who had indicated she did not want to sell it to her. She questioned why she wasn't given the opportunity to buy the property instead of the School District. Mr. Warren explained that the land was privately owned and the owner had the right to sell the property to whomever she chose. It was a private transaction between two parties and the City was not part of the sale of the land. The land has been acquired by the School District and the City is required to respond to their request to develop the land. He pointed out that it would not be appropriate for the City to intervene in the sale of the land. The owner was free to sell to the party she chose. Steve Klein, Executive Director CEAP, introduced himself and stated that CEAP hopes to take occupancy of their portion of the new building by 2006 assuming a reasonable level of financial support and the sale of their existing facility Commissioner Boeck asked Mr. Klein if CEAP will be leasing their space from the School District. Mr. Klein responded that the building will be owned through condominium ownership and each individual will own their own portion of the building. Commissioner Reem inquired about the ownership of the proposed daycare facility. Mr. Klein responded that CEAP will have eight to nine social service tenants leasing space from their building with the daycare being one of them. No other person from the public appeared before the Commission during the public hearing on Application Nos. 2004 -010, 2004 -011 and 2004 -012. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Lund, to close the public hearing on Application Nos. 2004 -010, 2004 -011 and 2004 -012 at 9:39 p.m. The motion passed unanimously. 10 -28 -04 Page 3 The Chair ProTem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Applications. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004-010-ATS & R, INC. (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to recommend to the City Council that it approve Application No. 2004 -010 submitted by ATS & R, Inc. on behalf of Osseo Area Schools (ISD 279) for preliminary plat approval two divide and combine a number of parcels of land including the Willow Lane School property, Willow Lane Park property and two vacant multiple family residence parcels of land along Brooklyn Boulevard into three new lots 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. Appropriate cross access agreement allowing access from the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. 4. Appropriate drainage and utility easements as approved by the City Engineer shall be provided to protect pubic utilities and the retention pond. Said easement shall be filed with the final plat. 5. Existing but no longer necessary easements shall be vacated by the City prior to release of the final plat. 6. The location of access to the proposed Lot 3 is subject to final approval and permit by Hennepin County. Voting in favor: Chair ProTem Newman, Commissioners Boeck, Lund, Rahn, Reem and Roche. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2004 -03 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve Planning Commission Resolution No. 2004 -03 regarding the recommended disposition of Planning Commission Application No. 2004 -011 submitted by ATS & R, Inc. on behalf of Osseo Area Schools (ISD 279) for rezoning from R -1, R -2 and R -4 to C -1 of a 3.63 acre parcel of land located at the southwest corner of 71 Avenue North and Brooklyn Boulevard. The motion passed unanimously. Voting in favor: Chair ProTem Newman, Commissioners Boeck, Lund, Rahn, Reem and Roche. And the following voted against the same: None; Whereupon said resolution as declared duly passed and adopted. Resolution 2004 -03 is made part of these minutes by attachment. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004 -012 — ATS & R, INC. (,ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) There was a motion by Commissioner Reem, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2004 -012, submitted by ATS & R, Inc. for Site and Building Plan approval and a Special Use Permit for a three story, 48,600 sq. ft. 10 -28 -04 Page 4 service /office building to house the Osseo School District's Adult Education program and a non- profit service group use, 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. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view and provided with opaque gates. 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 landscaped areas to facilitate site maintenance. 6. B -612 curb and gutter shall be provided around all driving and parking areas. 7. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 10. The applicant 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 applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 12. The special use permit is granted for the construction of an adult basic education facility and service /office use. Any alteration of expansion of facilities not comprehended by the approval of this special use permit shall require an amendment. 13. The final plat comprehended under Planning Commission Application No. 2004 -010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 14. The rezoning comprehended under Planning Commission Application No. 2004 -011 shall be approved in its entirety prior to the issuance of building permits for the proj ect. 10 -28 -04 Page 5 15. The plans shall be modified in the following manner: a. Provide an extension of screening along the 71" Avenue North green strip to provide sufficient screening of the parking lot to the residential property on the opposite side of 71 Avenue. b. Modifications to the landscape plan to meet the minimum requirement of 330 landscape points. C. To provide a concrete delineator separating ingress and egress at the access point on Brooklyn Boulevard. d. Light standards that are similar to standards approved under the Brooklyn Boulevard Streetscape Plan and recently installed during the Brooklyn Boulevard upgrading shall be provided at the access point to the site. 16. The screening plan proposed and as amended by Condition No. 15a above is considered to be appropriate and consistent with screening requirements in the Zoning Ordinance where C -1 abuts residentially zone properties. 17. Access to the site along Brooklyn Boulevard is subject to approval by Hennepin County Transportation Department and the obtaining of the appropriate permit. 18. Where the proposed building abuts R -1 zoned property, the building setback shall be no less than twice the height of the building per Section 35 -400, Section 4 of the Zoning Ordinance. Voting in favor: Chair ProTem Newman, Commissioners Boeck, Lund, Rahn, Reem and Roche. The motion passed unanimously. The Council will consider these applications at its November 8, 2004 meeting. The applicant must be present. Major changes to the applications as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren reminded the Commission members that the next meeting would be on Wednesday, November 10, 2004. There was no other business. ADJOURNMENT There was a motion by Commissioner Rahn, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:47 p.m. Chair oTem Recorded and transcribed by: Rebecca Crass 10 -28 -04 Page 6