HomeMy WebLinkAbout2011 10-27 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 27, 2011
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes — October 13, 2011
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. Brett Hildreth — 720 Company LLC Planning App. No. 2011 -018
PUBLIC HEARING — Preliminary Plat of Evergreen Villas, located at 720 and 800 — 69
Avenue North, to replat two existing parcels into two (new) platted
lots.
6. Discussion Items
Brooklyn Boulevard Corridor Study — potential planning improvements and issue identification
in the upper region of said corridor by Planning Staff.
7. Other Business
8. Adj ournment
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
OCTOBER 13, 2011
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Sean Rahn at 7:06 p.m.
ROLL CALL
Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, Carlos Morgan, Michael
Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven,
Secretary to the Planning Commission Tim Benetti, Director of Business and Development Gary
Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino was absent and
excused.
APPROVAL OF MINUTES — SEPTEMBER 29, 2011
There was a motion by Commissioner Schonning, seconded by Commissioner Kuykendall, to
approve the minutes of the September 29, 2011 meeting as submitted. The motion passed
unanimously.
CHAIR'S EXPLANATION
Chair Sean Rahn 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.
DISCUSSION ITEM• DISCUSSION WITH CITY ATTORNEY CHARLIE LEFEVERE,
REGARDING MINNESOTA STATUES 2010 SECTION 462.357, SUBDIVISION 6
RELATING TO VARIANCES
City Attorney Charlie LeFevere explained that he had been invited to speak to the Planning
Commission to provide an understanding and legal viewpoint of the updated Minnesota State
Statute related to Variances. He added that States do have the power to regulate land use by
zoning as referenced in Chapter 462 of the State Statutes.
Mr. LeFevere stated that in cases reviewed by the Planning Commission, it is their role as an
advisory body to make recommendation to the City Council regarding Special Use Permits,
Zonings, Site and Building Plan approval, Preliminary Plat approval, etc. They also serve as the
board of adjustments for review of Variances.
i
Mr. LeFevere explained that once the city establishes its own `rules' by ordinance adoption, it is
up to the City Council and Planning Commission to enforce the ordinances. He further pointed
out the difference between varying levels of discretion allowed when making decisions regarding
applications relating to regulations, the law and public input allowed.
10 -13 -11
Page 1
[Commissioner Morgan arrived at 7:15 p.m.]
Further, when a City establishes certain codes, it is based on certain assumptions, and the
approval process must stay within those requirements. He added that there are some cases where
those assumptions may be incorrect, and therefore, the Legislature made provisions to the State
Statutes to allow cities to grant Variances under circumstances based on certain criteria.
Mr. LeFevere pointed out that the new legislation states that a Variance may be granted when the
applicant establishes that there are practical difficulties in complying. Practical difficulties are
defined as: property owner proposes to use property in a reasonable manner not permitted by an
official control; the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and, the Variance, if granted, will not alter the essential character of
the locality. If the subject Variance does not meet the above, the City cannot grant a Variance.
He added that if a Variance is granted when it should not be allowed, the City and property
owner can be sued. The court may decide that the city was too permissive and the land owner
may be required to undo the Variance.
Commissioner Morey asked Mr. LeFevere to address the previous Variance application where
the issue was unique to the property but not created by the current landowner.
Mr. LeFevere responded that it his judgment that the law refers to the current as well as previous
landowner and Owner No. 2 should not be granted a Variance because Owner No. 1 was
allowed to get away with a violation.
Commissioner Kuykendall stated that she does not feel the code should be changed to meet the
recent Variance request, however, the staff made an error in not following through with the
process.
Mr. LeFevere responded that people do make mistakes, but we don't know for sure that a
mistake was made by the Staff. The inspector may have said that they second shed had to be
removed and was told that it would be. He added that if the City allowed a Variance to do
something not allowed by the code, a precedent could be set that would require the city to allow
everyone else to do the same thing.
There was further discussion regarding Variance regulations among the Commissioners and Mr.
LeFevere followed up with information on requirements for Special Use Permit approvals and
site plan approvals.
DISCUSSION ITEM: UPDATE ON THE BROOKLYN BOULEVARD CORRIDOR STUDY
FOR 2011 -2012
Mr. Benetti stated that the City Council recently awarded a contract to SRF Consulting Group,
Inc. to study the Brooklyn Boulevard corridor. City staff will be working with SRF's staff in
developing and providing a new action plan related to this important corridor in the City.
10 -13 -11
Page 2
Mr. Benetti further stated that the plan is to be completed by late summer 2012 and will include
the following issues to be studied:
• Driveway and access connections
• Right of way design
• Sidewalk and trail connections
• Signage
• Streetscape
• Landscaping and similar enhancements
Mr. Eitel stated that there was a task force kick off meeting on Monday and Staff's plan is to
come back to the Planning Commission in an informative manner so they will have a good
understanding of the solutions and options along Brooklyn Boulevard. He also pointed out
various locations along Brooklyn Boulevard that the City has looked at for possible future
development.
OTHER BUSINESS:
Commissioner Kuykendall stated that the retail area located at 69 and Brooklyn Boulevard is
very busy and congested and she has concerns that the layout cannot handle additional traffic if
the proposed new office building is constructed. She stated that she would like to see another
traffic study done.
Mr. Eitel responded that the proposed developer could be asked to pay for a traffic study or the
City could look into doing another study.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting
adjourned at 8:45 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
Recording Secretary
10 -13 -11
Page 3
I
Application Filed on October 6, 2011
City Council Action Should Be
Taken By December 5, 2011 (60 Days)
Planning Commission Information Sheet
Application No. 2011 -018
Applicant: Brett Hildreth
Owner: 720 Company LLC
Location: 720 and 800 — 69 Avenue N.
Request: Preliminary Plat of "Evergreen Villas"
INTRODUCTION
The applicant, Brett Hildreth, on behalf of the 720 Company LLC, is seeking Preliminary Plat
approval to replat two existing parcels into two separate platted lots. The two properties are
identified and located at 720 and 800 — 69 Avenue N. The north portion of this plat fronts onto
70 Avenue North, which includes a small segment of land to be dedicated for additional 70
Avenue right -of -way.
The applicant intends to separate out the existing (and to remain) single - family residence at 720
69 Avenue N., thereby creating a smaller sized lot of said property. The remaining portion of
that parcel, mainly the rear area, and the entire larger parcel under 800 — 69 Avenue N. will be
platted into one large separate lot for future residential development. Mr. Hildreth does not have
any concepts or plans developed on this remaining land area at this time, but may present a new
residential development plan (and possible rezoning) sometime in the future.
A public hearing has been scheduled and notices to surrounding property owners have been sent.
ANALYSIS
Prior to this re- platting process, the subject parcels on their own equal 0.88 acres and 2.34 acres,
respectively. The new Lot 1 will consist of 121,870 sq. ft. of area, or 2.8 acres, while Lot 2 will
contain 11,584 sq. ft., or 0.27 acres. This plat also provides for the dedication of a small
northerly section of land of the larger lot into additional 70 Avenue right of way, consisting of
6,994 sq. ft.
The property in question is zoned R -1 One Family Residence (see area Zoning Map illustration
on next page), which allows only single - family (one - family) dwellings, along with typical
residential accessory uses. Other uses such as churches, schools, golf courses, cemeteries or
public owned facilities are allowed by special use permit. The subject site is surrounded on the
south and west by R -1 zoned lands which contain typical, single family residences. The
northwest portion abuts an R -3 Multiple Family Residence (townhouses /condos /garden
apartments) zone, which is locally known as "Evergreen Estates" townhomes. The easterly
Evergreen Villas - PP
Page 1 of 4
10 -27 -11
boundary abuts against a large R -4 Multiple Family Residence, which allows for 1.5 to 2 -story
multiple family dwellings and/or apartments, and contains the 128 -unit "River Glen Apartments"
development.
ZONING MAP LAND USE MAP
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The subject property is guided under the City's 2030 Comprehensive Plan as "SF - Single -
Family." The surrounding properties zoned R3 and R4 are guided under the same 2030 Comp
Plan as "Townhome (Medium Density)" and "Multi- Family (High Density)" respectively. Any
future request to rezone the subject site to similar multiple - family residential would require a
land use amendment to either one of these categories. Staff again states that Mr. Hildreth has not
submitted any rezoning/land use amendment applicant at this time, nor has staff been made
aware of any future development plans for this site. Should Mr. Hildreth choose to develop the
larger Lot 1 with a typical single - family residential dwelling or other allowed (permitted) use
under R1 Zone standards, he is free to develop as such, subject to submittal and approval of a
building permit.
The subject site (primarily 800 -69 Ave. ) has double frontage along 69 Avenue and 70
Avenue to the north. The existing driveway access into 720 — 69 Ave. will not be changed or
relocated as part of this plat. No other access points or roadway sections are being planned or
illustrated on this plat. Once Mr. Hildreth is ready to develop this site, a separate layout of lots
(if re- platting is requested), along with access points, driveways, roads and easements, etc. would
need to be designed and illustrated on any future site plan submittals.
The properties when re- platted will be known as Evergreen Villas, which is keeping in line with
the name of Evergreen Estates to the west.
Evergreen Villas - PP
Page 2 of 4
10 -27 -11
Although the 720 — 69 Ave. residence will lose almost 2/3 of its previous land area due to this
platting, minimum lot standards for the R -1 Zone requires only 9,500 sq. ft. of area. The existing
house that will remain on the lot, including the accessory structures, wi ll meet all new setbacks
created by this new plat.
Sewer and water exists in both the 69 Avenue and 70Avenue right of ways. The home will
remain connected to its own individual service lines, and future development of this site will
need to tie into one or both of these utility areas in these two streets. The former house at 800 —
69 Avenue was removed in 2010 and service lines were disconnected.
The preliminary plat is absent of any drainage and utility easements. City Engineering has made
comments to this issue in their separate review memo and conditions have been incorporated as
part of any approvals. There appears to be no drainage or grading plans submitted with this plat,
as all physical conditions of the land will remain intact until such time when development takes
place.
As stated previously, city staff is, unaware of Mr. Hildreth's plans for redevelopment of this site,
and is unable to provide any possible development scenarios or timelines. Staff assumes that
once the housing (development) market rebounds, the city might expect a follow -up application
from Mr. Hildreth or others on this site.
For all intents and purposes, this is a fairly simple and standard plat request. The new lots .
created will not, at his time impede any orderly growth of the neighborhood or cause any
increased impact on local services. The Plat appears to meet all minimum requirements set forth
under City Code Chapter 15 — Platting.
RECOMMENDATION
Staff recommends the Planning Commission adopt the attached Resolution No. 2011 -13, which
comprehends the approval of Planning Application No. 2011 -018, which proposes a Preliminary
Plat for Evergreen Villas, subject to the following conditions and allowances:
1. The final plat shall be subject to review and approval by the City Engineer.
2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances.
3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be
removed and verified.
4. No building permits shall be issued for any new dwellings until the plat has been
given final approval by the City Council and filed with Hennepin County.
Evergreen Villas - PP
Page 3 of 4
10 -27 -11
5. An updated certified abstract of title or registered property report must be provided to
the City Attorney and City Engineer for review at the time of the final plat application
(within 30 days of release of the final plat).
6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot
lines.
7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot
lines.
8. Disconnect existing sewer and water services at the main on Lot 1, Block 1.
9. Cure swing set encroachment (move swing set to one side of the property line or the
other, dependent on owner).
10. Dedicate 70 Avenue North as right -of -way including 2 -ft behind the existing
sidewalk on the final plat.
11. Install a new sanitary sewer service to 720 - 69 Avenue that does not encroach on
Lot 2 and remove the old service line.
12. The boundary and topographic survey must show the sanitary sewer and water service
and material for the existing house.
ATTACHMENTS
• Aerial/Location Maps
• Preliminary Plat of Evergreen Villas
• City Engineer's Review Memo (dated 10 /21/2011)
• Planning Commission Resolution No. 2011 -13
Evergreen Villas - PP
Page 4 of 4
10 -27 -11
LOGISMap Output Page
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SUBJECT
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720 & 800 - 69TH AVENUE N.
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MEMORANDUM
DATE: October 21, 2011
TO: Tim Benetti, Planning and Zoning Specialist
FROM: Bruce Johnson, Engineering Technician Supervisor
SUBJECT: Public Works Preliminary Plat Review— Evergreen Villas
Public Works Department staff reviewed the preliminary plan submittal dated October 14, 2011,
for the proposed Evergreen Villas and have the following comments:
1. An updated certified abstract of title or registered property report must be provided to the
City Attorney and City Engineer for review at the time of the final plat application
(within 30 days of release of the final plat).
2. Provide a 10 foot drainage and utility easement on all exterior lot lines.
3. Provide a 5 foot drainage and utility easement on all interior lot lines.
4. Disconnect existing sewer and water services at the main on Lot 1, Block 1.
5. Cure swing set encroachment (move swing set to one side of the property line or the
other, dependent on owner).
6. Dedicate 70` Avenue North as right -of -way including 2 -ft behind the existing sidewalk
on the final plat.
7. Install a new sanitary sewer service to 720 69` Avenue that does not encroach on Lot 2
and remove the old service line.
8. The boundary and topographic survey must show the sanitary sewer and water service
and material for the existing house.
All aforementioned items, comments and recommendations are provided based on the
information submitted by the applicant at the time of this review. The preliminary plan (site plan
and preliminary plat) must be developed and maintained in substantial conformance with the
referenced plans, unless modified by the staff recommended conditions above. Subsequent
approval of the final plat and final site plans may require additional modifications based on
engineering requirements associated with final design of the water supply, storm drainage,
sanitary sewer, final grading and geometric design as established by the City Engineer and other
public officials having jurisdiction over approval of the final site plans.
Member introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 2011 -13
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -018, A REQUEST FOR
PRELIMINARY PLAT APPROVAL OF EVERGREEN VILLAS SUBMITTED
BY BRETT HILDRETH ON BEHALF OF 720 COMPANY, LLC
WHEREAS, Planning Commission Application No. 2011 -018 submitted by Brett
Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary Plat approval of a
subdivision to be titled Evergreen Villas, which is a replat of two contiguous lots generally located
and addressed as 720 — 69`" Avenue North and 800 — 69`" Avenue North; and
WHEREAS, this plat is being requested to create two (2) separate lots for the
benefit of an existing and to remain single family residential dwelling located at 720 — 69 Avenue
North and a larger, vacant lot for future residential development; and
WHEREAS, the Planning Commission held a duly called public hearing on
October 27, 2011 at which time a staff report and public testimony regarding the preliminary plat
of Evergreen Villas were received; and
WHEREAS, the Planning Commission has determined during its review of this
preliminary plat submitted with Planning Application No. 2011 -018, that said plat is in general
conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -018
submitted by Brett Hildreth on behalf of 720 Company, LLC requesting approval of a Preliminary
Plat approval of a subdivision to be titled Evergreen Villas, be approved based upon the following
considerations:
1. The final plat shall be subject to review and approval by the City Engineer.
2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances.
3. Prior to final plat approval, all encroachments into or over proposed lot lines shall be
removed and verified.
4. No building permits shall be issued for any new dwellings until the plat has been
given final approval by the City Council and filed with Hennepin County.
5. An updated certified abstract of title or registered property report must be provided to
the City Attorney and City Engineer for review at the time of the final plat application
(within 30 days of release of the final plat).
1
6. The Applicant shall provide a 10 foot drainage and utility easement on all exterior lot
lines.
7. The Applicant shall provide a 5 foot drainage and utility easement on all interior lot
lines.
8. Disconnect existing sewer and water services at the main on Lot 1, Block 1.
9. Cure swing set encroachment (move swing set to one side of the property line or the
other, dependent on owner).
10. Dedicate 70 Avenue North as right -of -way including 2 -ft behind the existing
sidewalk on the final plat.
11. Install a new sanitary sewer service to 720 - 69 Avenue that does not encroach on
Lot 2 and remove the old service line.
12. The boundary and topographic survey must show the sanitary sewer and water service
and material for the existing house.
Date Chair
ATTEST
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
Chair , Commissioners
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
2
AUD SUB 309
INVOICE NO. 79465
F.B.NO. 1052 -63
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PARCEL AREAS:
TotsI = 140448 sq ft (3.22 acres)
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REGISTERED UNDER THE IAWS OF STATE OF MNNESOTA
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6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
Phone 763.569.3300 TTYNoice 711 Fax 763.569.3494
MEMORANDUM
Chair Sean Rahn and Planning TO: C g Commissioners
FROM: Gary Eitel, Business & Development Director
Tim Benetti, Planning & Zoning Specialist
DATE: October 21, 2011
RE: Agenda Item No. 6 — Update on the Brooklyn Boulevard Corridor Study 2011 -2012
As part of the recently commissioned Brooklyn Boulevard Corridor Study (BBCS) by SRF Consultants,
and planning staff's commitment in providing periodic updates on this study area to the Commission,
please refer to the attached SRF Context and Study Issues map and the Brooklyn Boulevard Corridor
(Upper Region) map.
Staff would like to initiate an open discussion and dialogue with the Commission by identifying key
planning areas and identification of issues throughout this corridor area. Our focus under this discussion
item tonight will be in the area we refer to as the "Upper Region" of Brooklyn Boulevard. Although
SRF has tentatively identified some planning and design issues, Staff would like to ensure that the
Planning Commission remains an integral part of these study issues so we can pass those on to the
BBCS Technical Advisory Committee, which Mr. Eitel and Mr. Benetti currently participate in.
A number of issues to be considered and studied include land use — both existing and future; driveway
and access connections; right of way design; sidewalk and trail connections; signage; streetscape,
landscaping and similar enhancements, and a. variety of other issues.
There is no required or recommended action by the Planning Commission on this item.
If you have any questions or comments prior to the meeting, feel free to call Gary at 763.569.3305 or
Tim at 763.569.3319 (email GEitel@ci.brooklyn-center.nm.us or TBenettigci.brooklyn- center.mn.us ).
Thank you.
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