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HomeMy WebLinkAbout2001 03-29 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 MARCH 29, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Sean Rahn, Dianne Reem, Rex Newman, Graydon Boeck, and Stephen Erdmann. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Community Development Specialist Tom Bublitz, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES MARCH 15, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the March 15, 2001 meeting as submitted. 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. 2001 -005 AND APPLICATION 2001 -006 (EAGLE CREST NORTHWEST) Chair Willson introduced Application No. 2001 -005, a request from Eagle Crest Northwest to seek Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of 21 single family detached townhomes on a 5.25 acre site located at the southeast quadrant of T.H. 252 and 66 Avenue North. He further introduced Application No. 2001 -006, a request from Eagle Crest Northwest to seek Preliminary Plat approval to subdivide 5.25 acres of land located at the southeast quadrant of 66 Avenue and T.H. 252 into 21 single family detached townhome lots with the necessary right of way to service these lots. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 03/29/01 for Application No. 2001 -005 attached.) The property in question is currently zoned C -1 (Service/ Office Commercial) and has been acquired by the City of Brooklyn Center Economic Development Authority (EDA) over the past eight years. The proposed plan is to accommodate 21 single family detached townhomes. The R -3 underlying zoning designation is being sought because the applicant is proposing a detached townhome concept on smaller lots with reduced 03 -29 -01 Page 1 front yard setbacks and a somewhat greater density than what is allowed in a typical R -1 zone. Staff recommends approval subject to ten conditions. Mr. Warren noted there are a possible three other floor plans not ready yet for consideration by the Planning Commission. He added if the application is favorable, the applicant could be required to bring back any additional floor plans or elevation designs. He stated the City Council has to have all them before it eventually gives final approval. Mr. Warren further presented the staff report using overhead transparencies to describe the second proposal. (See Planning Commission Information Sheet dated 03/29/01 for Application No. 2001 -006 attached.) The proposed plan is to combine the four lots and the vacated right of way into 21 single family detached townhome lots and public right of way to be known as Riverwood Lane. Staff recommends approval subject to four conditions. Mr. Warren stated there needs to be a new legal description for a portion of the street that remains 66 Avenue so it remains a public street. He noted the drainage and utility easements required when it was previously platted also need to be described and vacated. Commissioner Newman asked why it was a PUD. Mr. Warren responded by explaining the differences between PUD and Variance requests. He noted the PUD process is a rezoning based on a plan. He added it is basically contract zoning and can allow deviations from standard requirements based on the positive aspects of the development plans. He stated he did not think this application would qualify for a normal zoning variance. He noted that is one of the reasons the PUD ordinance was adopted. Commissioner Newman asked if the PUD prevented this from becoming precedence. Mr. Warren responded in the affirmative. He pointed out that anyone wanting to seek similar modifications would have to go through the process and meet all of the same findings and considerations in order to get approval. He noted it is rezoned based on the development plan. Commissioner Boeck stated the PUD provides the City a greater opportunity to set standards according to the site under consideration. He noted the City has more flexibility to demand that more be done. He asked about common space. Mr. Warren responded there is none other than the ponding area. He stated the pond is the Association's responsibility. He noted it is not typical, but what they have proposed in this situation is common maintenance. Commissioner Boeck stated the City Engineer had indicated several items to be included. He noted some were in the resolution. He added another issue would be the dedication of a ten -foot trail easement on Willow Lane. He stated he believes it has to be a separate document. Mr. Warren concurred. Commissioner Boeck asked if they could add a requirement for street lighting. He stated the street lighting should be in accordance with city standards and paid for by the developer. Mr. Warren responded it could be added as Condition No. 11. 03 -29 -01 Page 2 Commissioner Reem asked about the easements mentioned in the report. Mr. Warren responded the easements referred to are part of the old platting and have to be formally vacated by the City through an ordinance process. Commissioner Rahn stated some of the lots have possible basements. He asked if there are any left over gas tanks still there. Mr. Warren responded it is his understanding they have been removed. He stated they have gone through the various environmental requirements and no problems are known. Mr. Bublitz, Community Development Specialist, stated there has been an environmental Phase II study done on the site and there are no environmental issues. Commissioner Rahn asked if the city would be responsible for a cleanup if there was a problem found. Mr. Bublitz responded that a Phase I and Phase II study were completed on the property. He noted the Phase II study required soil borings to be taken on the site where the tanks were removed. He added that is as much assurance as they can have at this point and that there are no environmental problems there. He reviewed in more detail the process used to evaluate the site. Commissioner Whitehead asked about Highway 252 and the noise of the traffic and who would be responsible for a noise problem. Mr. Warren responded probably the association. He stated, to his knowledge, this area is not required to have a noise wall. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -005 AND APPLICATION 2001 -006 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 2001 -005 and Application No. 2001 -006, at 9:09 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Bill Gleason stated he represented the applicant. He noted his brother and partner is also here. Chair Willson stated there are going to be four different types of building plans. He noted they have seen two. He added the Commission would want to see the rest when can they. Mr. Gleason responded they have the floor plans, but the elevations are taking the time. He stated he expects those to be submitted within the week. Chair Willson asked Mr. Gleason to bring them forth two weeks from this evening. Commissioner Newman asked if it would hold up approval. Chair Willson responded no, but the plans must come before the Commission. 03 -29 -01 Page 3 Mr. Ron Schmidt, 6518 Willow Lane, stated his concern is the condition of Willow Lane. He noted it is projected to be reconstructed in 2008 and wondered if there would be any effect on it with this project. He stated he would like to see the reconstruction moved up since the condition of the road is bad. He noted the closing of the frontage road would put more traffic on Willow Lane. He added the conditions have changed drastically. He stated if there is going to be any tearing up of Willow Lane, it seems logical to do all of it at once. He noted it would be more cost effective. He noted that he had been told that a petition of the neighborhood might move the timing of the project up by the City. Commissioner Boeck stated the project would have a very insignificant effect on Willow Lane. He noted it would more than likely not disturb the resurfacing. Mr. Schmidt asked about the catch basin right in front of his house and whether it would have sufficient drainage. Commissioner Boeck responded it would have a large pipe coming into the retention pond and going into the catch basin. Mr. Warren stated if they were told to do a petition to move the road project up then perhaps this would be the best thing for the neighborhood to do if they wanted to see the project on Willow Lane completed before it is scheduled. Mr. Ned Storla, 6536 Willow Lane, stated he is concerned about the fencing on the property. He noted he lives across from lot eight. He noted that since the development faces away from Willow Lane, he is concerned that after the property is sold the fencing would conform to the back yard requirement. He added that in that event the Association could run a fence down Willow Lane. He stated it would mean he would be looking at a fence, possibly an 8 ft. fence. He noted he is hoping for a requirement in the plan to prohibit fencing along Willow Lane higher than four feet. He added his other concern is about the berming on T.H. 252. He stated the present plan for drainage does not seem to be workable. He noted the whole site is sloping toward Willow Lane. He added as much fencing as possible would be nice on the freeway side, but prohibit it as much as possible on Willow Lane. Mr. Tom Kouri, 6416 Willow Lane, stated he is a member of Northeast Neighborhood Advisory Group. He noted he is in support of the resolution. He added over the years they have looked for some good additional single family housing to strengthen the neighborhood. He stated he thinks this development goes towards that goal. He noted he is disappointed that they did not get to meet as a neighborhood group. Mr. Todd Paulson, 6408 Willow Lane, stated this is a good development. He noted he appreciates the questions that have been raised on the trail way. He asked where the trail way would run and where the easement was. He stated it would be great to have a connection to the other part of the trail system under the freeway. He noted there is a lot of use of that trail by bikers and rollerbladers. Mr. Warren responded the trail way easement would be along Willow Lane on the west side. He stated the ultimate plan is to connect this to the 694 bridge and tie into the other trail ways in the West River Road area. 03 -29 -01 Page 4 Mr. Paulson asked if this would be part of the road. Mr. Warren responded it is his understanding it would be along the back sides of these lots. He stated it is a 10 -foot wide easement. Commissioner Boeck stated the plan indicates there would be a 10 -foot trail easement. He assumes it would not be shown on the final plat. He added the trail would not be associated with automobile traffic in the street. He stated that often times with a heavy used trail, a fence is desirable to protect yards from the trail users. He noted the easements are granted at this time but the actual design of the trail would come later. Mr. Paulson asked about overhead utility lines. Mr. Gleason responded they bury their utilities. Mr. Jerry Blarney stated nothing about the plan has changed since he spoke to the City Council on November 13, 2000. He noted he urges approval and wants to see the development go forward. Mr. Steve Boone, Chairman of the Northeast Neighborhood Advisory Group, stated he has lived in the area since 1945. He noted there are a lot of problems with that property and in his opinion they could not have designed a better project considering what is there. He added there is a bad access to what used to be 65` Avenue. He stated this plan works well with the existing property and he believes it would be an asset to the city. He noted Brooklyn Center has a real need for this type of project. He added it would still be single family, but would have common maintenance. He stated this is a nice alternative for people where the maintenance gets to be too much. He noted it frees up their homes for younger people needing a home, also. Ms. Pat Schmidt, 6518 Willow Lane, stated she has lived in her home one year. She noted she has one concern regarding the drainage pond in the area. She added it is right across from an apartment building with lots of children. She stated this area is the only place for them to go. She noted she would like something that keeps the children out of the pond and prevents them from getting into it easily. She asked why suddenly there would be basements. She stated she was told before there would be no basements. She noted she is concerned about the use of a poisonous plant, such as a yew, and asked that it be excluded. Mr. Mike Snelson stated he is part of the Northeast Neighborhood Advisory Group. He asked what the difference is between a single family home and these units. Mr. Warren responded the difference has to do with zoning. He stated the basic difference would be the lot sizes. He noted an R -3 zone typically acknowledges attached townhomes. He added this is a hybrid of R -1 and R -3. He stated these would be single family homes on smaller lots and smaller setbacks. Mr. Snelson asked who would pay for the public street. Chair Willson responded the construction would be done by the developer and the city would maintain it. Mr. Snelson asked about fencing along the berm. Chair Willson responded there are none in the plans. Mr. Warren stated the fencing there now is highway fence. 03 -29 -01 Page 5 Mr. Snelson said he agrees with what other members of the Northeast Neighborhood Advisory Group have said and that he supports the project. Tom Zenanko, 6512 Willow Lane, stated originally there were no basements, yet now there are. Chair Willson responded the Commission has floor plans before it and there will be two additional plans. He stated basements are a separate issue. Mr. Tom Zenanko stated the perceived value of the property should be of the highest quality. He noted he is not a big fan of slab homes, but wants them developed properly and did not want them to be rental units Chair Willson stated they have estimated $180,000 to $220,000 in value for these units. He noted he does not believe they will turn into rental properties and that these units are being geared more towards single family use. Mr. Bublitz stated the development agreement would not stipulate the sale price of units. He noted the City Council approves the design, so the price range would not be stipulated. He added they have required the developer to sell the units to persons who would occupy the units. He stated if a family member wants to purchase a unit for a parent that would be allowed. He noted it would have to be an immediate family member. Future sale of units would be between willing buyers and sellers. Mr. Jerry Blarney stated that with regard to the materials used at the preliminary meetings, the requirement was equal to or exceeded the homes built on Bellvue Lane. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -005 and Application No. 2001 -006. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2001 -005 and Application 2001 -006, at 9:45 p.m. The motion passed unanimously. The Chair called for further discussion or questions on Application 2001 -05. Commissioner Newman asked about the fencing issue and whether they had jurisdiction on that issue. Commissioner Boeck responded there is a city ordinance that regulates fencing and he believed it was appropriate to this situation. Commissioner Newman asked about the pond. Mr. Warren responded the City Engineer is reviewing the plans to see if the pond grade is too steep. If it is, it will be modified. He added that it was his understanding that there would not always be water in the area. 03 -29 -01 Page 6 The developer agreed to eliminate yews from the plants and replace them with non - poisonous shrubs. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 2001 -005 (EAGLE CREST NORTHWEST) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adopt Planning Commission Resolution No. 2001 -01 Regarding the Recommended Disposition of Planning Commission Application No. 2001 -005 Submitted by Eagle Crest Northwest. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its April 9, 2001 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 RECOMMENDING APPROVAL OF APPLICATION NO. 2001 -006 (EAGLE CREST NORTHWEST) There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2001 -006 submitted by Eagle Crest Northwest for preliminary plat approval to subdivide 5.25 acres of land located at the southeast quadrant of 66 Avenue and T.H. 252 into 21 single family detached townhome lots with the necessary right of way to service these lots, subject to the following conditions: 1. Final plat is subject to the review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, which will include a subdivision agreement and supporting financial guarantee to assure the completion of public improvements, contemplated within this plat. 3. Approval of the Preliminary Plat is contingent upon approval of Planning Commission Application 2001 -005. 4. Building permits for the proposed single family detached townhomes shall not be issued until final plat is approved and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. 03 -29 -01 Page 7 The Council will consider the recommendation at its April 9, 2001 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 Mr. Warren stated he had no other business. Commissioner Reem stated that after review of the minutes from the City Council meeting she is concerned about placing "Holman units" in Brooklyn Center. Mr. Warren stated it is his understanding that the City Council is asking for a presentation from the Metropolitan Council. He noted the City has been asked to take "Holman units ". He added the City Council feels the City has sufficient affordable housing. Chair Willson asked why the City being asked to solve this problem. He asked if any other first ring suburbs have been asked to take on these. Mr. Warren stated the idea is to disperse the concentration of low - income housing. He added the City Council intends to have a forum to have it presented so they can discuss it. Further discussion ensured relating to this question. Commissioner Reem stated her concern was that the Council was agreeing to this request. She noted she hopes they all feel they have done their share. There was no other business. ADJOURNMENT There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:02 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 03 -29 -01 Page 8