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HomeMy WebLinkAbout2003 01-30 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 JANUARY 30, 2003 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 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. Graydon Boeck and John Whitehead were absent and excused. APPROVAL OF MINUTES — JANUARY 16, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the January 16, 2003, meeting as submitted. The motion passed. Commissioner Erdmann abstained as he was not 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 NO. 2003 -002 — DEAN GANNON Chair Willson introduced Application No. 2003 -002, a request for site and building plan approval for a four -unit townhome complex at the northeast corner of 50 Avenue North and France Avenue (5000 France Avenue North). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 1 -30 -03 for Application No. 2003 -002 attached.) He advised the property is zoned R -4 (Multiple Family Residence) and allows as a permitted use multiple family dwellings of 1 % to 2 stories in height with a density requirement of 3,600 sq. ft. of land per dwelling unit. This district also allows R -3 uses (Townhomes) as permitted uses provided they adhere to the district requirements, such as 5,400 sq. ft. of land per dwelling unit. The site is 19,955 sq. ft. in area. There was discussion by the Commission regarding the driveway size and placement on the site as well as requirements for green strips. Mr. Warren explained that the City Engineer's comments were related to safety issues with the driveway access on France Avenue which is a collector street and he and the City Engineer plan to meet with the applicant next week to discuss this further. 1 -30 -03 Page 1 Commissioner Reem inquired about garbage pickup and storage on the site. Mr. Warren responded that this property must comply with City Ordinances for garbage pickup as it relates to any residential property. He noted that garbage pick up would be the same as a single family home, there will be no common area trash container area. Commissioner Erdmann asked how maintenance needs would be addressed in the future if the units were sold as individual units. Mr. Warren explained that in order for the units to be sold individually, the property would need to be replatted and a Condominium Declaration filed with the County. Such documents would address common area ownership and maintenance. The applicant, Mr. Dean Gannon, introduced himself. Commissioner Reem asked the applicant if he knew how the neighbors would feel about this being rental property. It was noted that since no public hearing is required for site and building approval, neighbors were not notified of tonight's meeting. Commissioner Newman asked for a history on the property. Mr. Warren responded that the parcel was previously occupied by a single family home, which was demolished. The property was rezoned from R -1 to R -4 when all of the properties along 50th Avenue were rezoned several years ago. The property was owned by the owner of the industrial building on the opposite side of 50 for a number of years. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -002 — DEAN GANNON There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003 -002, submitted by Dean Gannon for Site and Building Plan approval to construct a four -unit townhome complex on the 19,955 sq. ft. (.46 acres) site located at the northeast corner of 50 and France Avenues North (5000 France Avenue North) 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 to 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 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. 1 -30 -03 Page 2 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. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its February 10, 2003 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. CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Chair Willson introduced the Critical Area and Mississippi River Recreation Area Plan Update, noting that a public hearing would be held following staff s presentation. Mr. Warren advised that a legal notice was published to advertise the public hearing as required by City Ordinances. 1 -30 -03 Page 3 PUBLIC HEARING — CRITICAL AREA AND MISSISIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Newman, seconded by Commissioner Erdmann to reopen the public hearing for discussion and adoption of the Critical Area and Mississippi National River and Recreation Area Plan at 8:35 p.m. The motion passed unanimously The Chair called for comments from the public. No persons from the public appeared before the Commission during the public hearing on the Critical Area Plan. Mr. Warren reviewed the Critical Area and Mississippi National River and Recreation Area Plan with the Commission and explained the City's requirements to development such a plan. He explained that there would be no significant change in land use in these areas in order to preserve the land. He added that the DNR and the National Park Service are the City's major contacts for this plan. Commissioner Reem asked about the area between 6620 and 6720 Willow Lane where there has been some erosion. Mr. Warren explained the Army Corps of Engineer's plan to rectify that area later this summer. Mr. Warren added that an ordinance will be drafted to adopt the plan and is subject to DNR review. Commissioner Rahn left the meeting at 9:00 p.m. Commissioner Newman asked if there was anything in the plan that might threaten the existence of the single family homes along the river. Mr. Warren responded that could only happen if the properties are currently non - conforming and that would limit them from being rebuilt in case they were destroyed. However, a property owner could seek a variance from the City if such a situation created a hardship. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on the Critical Area and Mississippi National River and Recreation Area Plan at 9:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Critical Area and Mississippi National River and Recreation Area Plan. ACTION TO RECOMMEND APPROVAL OF THE CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to recommend to the Council that it approve the Critical Area and Mississippi National River and Recreation Area Plan. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, and Reem. The motion passed unanimously. 1 -30 -03 Page 4 OTHER BUSINESS Commissioner Reem advised that she would not be able to attend the February 13 and 27, 2003, meetings. Mr. Warren explained to the Commission his conversation with Commissioner Whitehead relating to his absence from Planning Commission meetings. He stated that he would like to continue to serve on the Commission and is attempting to alter his work schedule to allow him to be in attendance. Commissioner Whitehead will keep Mr. Warren informed. The Commission expressed its best wishes to Commissioner Boeck who recently underwent surgery. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:16 p.m. Chair Recorded and transcribed by: Rebecca Crass 1 -30 -03 Page 5