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Home My WebLink About1979 PC Apps CYI ( OF BROOKLYINI C F.'NITI R PLAHNING COMMISSION ZLONIING APPLICMION APpI 1cation No. 79001 Please Print Clearly or T.vpe: Street Locat4.,,)n of Property --- Kenneth Bergstrom Legal Description of Property Lot 2, Block 1 , Hi Crest Square Bergstrom Realty Co. Address 3401 - 85th Avenue North Phone No. 425-5554 Applicant Ken_ Bergstrom -A d d r ES-s 3157 Pearson Parkway _- Brooklyn Park Phone No. 561-7491 Type of Request: X Rezoning Subdivision Approval Variance Site & Bldg, Plan Approval Special Use Permit 016--her: Description of Re(]Ues.t.- Rezoning from C2 (Commercial ) to R4 (Multiple Family Residential ) F e e $ 7_5_0.0__ R ec e P t N o p cants ic, atUre Date PLANNING COMMISSION RECOWIENDATION / // - �.' 0 Date= of P.C. Cons-�dieration: — Apt,rDved P'_Vlied this �day of � / subject t o the ic*o o 4ing cc.,'id` t, ions. -- -- - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- -- - -- CITY OF BROOKLYN CENTER, MINNESOTA 6201 Shingle Creek Parkway 53130 PROCEDURES AND RQUIREMENYS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants should arrange an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. jhree (3) copies of the following documents and information shall be submitted , at least 14 7- days prior to the dW of the regular Commission meeting, concurrent with 7- '&WuAd documents mist be consistent with ordinance and policy provisions before an application may be accepted) : 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition , accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings ; Q' fences , walls. or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing, 3.* A landscaoe plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. W Buildlog floor plans, elevations , sections and specifications, including materials proposed. 5.* ExisOng and proposed land elevations , drainage provisions , and utility provisions, 6. Adlitional drawings, plans or information deemed necessary by the Secretary. *Must be prep6red by a reg4stered architect or person registered with the State Board of 014stration for Architects, Engineers and Land Surveyors , and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits , a Performance Agrepm2nt as to approved site improvements and a Supporting financial guarantee, in an amount f W be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Qpcstlons should be directed to the Department of Planning and Inspection. P/ i Form No. 19 BERGSTROM REALTY COMPANY �- ��; � , ; 79bo 3401 - 85th Ave. No. Minneapolis, Minn. 55443 April 6, 1979 Mr. Ron Warren Planning Commission Secretary 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Sir: We herewith withdraw our request for rezoning the following described property; That part of Lot 2, Block 1, Highcrest Square, lying east of Registered Land Survey #1312 . (the 8± acres immediately east of Humboldt Square) . We have decided to leave the zoning as is. Cordially, BERGSTROM REALTY CO. Kenneth L. Bergstrom i Planning Commission Information Sheet Application No. 79001 Applicant: Kenneth Bergstrom Location: 1300 block south of 69th Avenue North Request: Rezoning The applicant proposes rezoning from C-2 (Commerce) to R-4 (Multiple Family Residential ) of the approximate 8 acre tract located in the 1300 block south of 69th Avenue North. The property is bounded on the west by the Humboldt Square Shopping Center; on the north by 69th Avenue North and the City's Public Utilities Building; on the east by single family residential homes facing Emerson Avenue North; and on the south by a number of R5 Multiple Family Residential Dwellings. Your attention is directed to the January 11 , 1979 Planning Commission information sheet and January 11 , 1979 Commission minutes (attached) relating to the appli- cation. This application was tabled by the Commission following a public hearing on January 11 and referred to the Northeast Neighborhood Advisory Group for review and comment. The Neighborhood Group met on February 8, 1979 and has submitted a report relating to their recommendations (attached) . The Group was opposed to the rezoning request noting that the Northeast Neighborhood has an over abundance of multiple family dwelling units, and that it is felt that multiple unit buildings of the density proposed, or of a greater density has permitted in an R4 zoning district, would seriously effect the value of existing single family homes. The report goes on to indicate that the Neighborhood Group has favored an Rl rezoning request of approximately two years ago and would support such a request in the future, but would prefer to see the current C2 zoning designation remain rather than to have the property rezoned to R4. They also did not see the request benifiting the community, but rather only the particular property owner. An informational report (attached) has been developed indicating the number and percentage of multiple family residential units by neighborhood. The report shows the Northeast Neighborhood contains 1 ,327 units or 37.7% of all multiple family residential units in the City. The report further indicates that 626 .. units or 17.8% of all units in the City can be found within 1 ,000 ft. of either side of Humboldt Avenue North, between 65th Avenue North and 70th Avenue North. Attached for your review is a copy of the Rezoning Evaluation Policy & Review Guidelines contained in Section 35-208 of the City Ordinances. It is the policy of the City that rezoning classifications must be consistent with the Comprehensive Plan and rezoning proposals shall not constitute "spot zoning" defined as a zoning decision which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or accepted planning principles. Currently the rezoning proposal is inconsistent with the Comprehensive Plan which calls for a site at the center of the Northeast Neighborhood to be retained as Commercial for purposes of ultimate development as a neighborhood business center. The subject site and the present Humboldt Square Shopping Center is the area designated for the location of such a facility. A favorable recommendation re- garding the rezoning request would necessitate an amendment to the Comprehensive Plan. The Commission saw fit to make such a recommendation when recommending a rezoning of this parcel to R1 approximately two years ago noting that Humboldt Square Shopping Center adequately serves this neighborhood and satisfies the Comprehensive Plan designation of the area for retail shopping facilities, and also that there is substantial vacant commercial land elsewhere in the neighborhood. 3-1-79 , Application No. 79001 Page 2 It should also be pointed out that the Commission in recommending the rezoning also looked at the need for additional R1 zoned land in the neighborhood which would be consistent with the Comprehensive Plan recommendation that single family residential development be the predominant characteristic of this neighborhood. I feel the question facing the Commission is whether or not there is a need for additional R4 zoned land in this neighborhood, particularly in light of the already high number of multiple residential units in the Northeast Neighborhood and in particular in the immediate vicinity of this site. There is a large vacant R4 tract of land located between Camden Avenue North and West River Road, just north of 70th Avenue as well as some smaller multiple residential zoned parcels in the neighborhood that would seem to satisfy projected needs for this type development. It is recommended that the Commission adopt, by resolution, a recommendation to deny Application No. 79001 submitted by Kenneth Bergstrom for the following reasons: 1 . The proposed rezoning is not consistent with the Comprehensive Plan recommendation that single family residential development be the predominant characteristic of the Northeast Neighborhood. 2. There is substantial vacant multiple residential zoned property in the Northeast Neighborhood. 3. There is no perceived public need or benefit in the proposal in light of the already large number of existing multiple residential structures in the immediate vicinity. 4. The proposed rezoning does not demonstrate merit beyond the interests of the owner of the property in question. 3-1-79 Planning Commission Information Sheet Application No. 79001 Applicant: Kenneth Bergstrom Location: 1300 Block south of 69th Avenue North Request: Rezoning The applicant proposes rezoning from C-2 (Commerce) to R-4 (Multiple Family Residential ) of the approximate 8 acre tract located in the 1300 block south of 69th Avenue North. The property is bounded on the west by the Humboldt Square Shopping Center; on the north by 69th Avenue North and the City 's Public Utilities building; on the east by single family residential homes facing Emerson Avenue North and on the south by a number of R5 Multiple Family Residential dwellings . The applicant has submitted a letter to the file requesting the rezoning. He indicates in the letter that the site in question has remained undeveloped over the years under its current C-2 zoning "because of the apparent lack of a need for additional shopping centers in the area ." He is requesting the rezoning for the purpose of building quadra homes which he claims would furnish the need for additional medium-priced housing. He also notes that this concept would provide an attractive buffer between the existing single family homes and the Humboldt Square Shopping Center. Permitted uses in the R4 Zoning District include Multiple Family Dwellings of one and one-half or two stories in height; R3 uses (Townhouses or Garden Apartments and Condominium Single Family Attached Dwelling Units) provided such uses adhere to the district requirements that prevail any R3 Zoning District; and accessory uses incidental to permitted or special uses. The City's Comprehensive Plan (Page 49) calls for a site at the center of the Northeast Neighborhood to be retained as commercial for purposes of ultimate development as a neighborhood business center. The subject site and the present Humboldt Square Shopping Center is the area designated for the location for such a facility. The Plan also states that it is important that the development of the shopping center be designed as an integrated unit rather than permitting individual stores to be built in a piecemeal , unrelated fashion. The same applicant had requested a rezoning of the subject property from C-2 (Commerce) to R-1 (Single Family Residential ) under Application No. 77011 in March, 1977 (Planning Commission and City Council minutes attached) . The Planning Commis- sion, at that time, had reviewed the Comprehensive Plan inconsistencies of that proposed rezoning and recommended through Planning Commission Resolution No. 77-2 (attached) that the Comprehensive Plan be amended to provide for the development of single family housing on the remaining developable land in the southeast quadrant of 69th and Humboldt Avenues North based upon the following findings: 1 . The Northeast Neighborhood is adequately served by shopping facilities, both within and near the neighborhood. 2. The Comprehensive Plan designation of this area for future development as a neighborhood shopping center has been satisfied with the existing retail center. 3. There is substantial vacant commercial land elsewhere in the Northeast Neighborhood. 4. The owner has initiated a rezoning, from C-2 (General Commerce) to R-1 (Single Family Residential ) , of the approximate 8 acre parcel described as Lot 2, Block 1 , Hi Crest Square Addition. 1-11-79 -1 - " Application No. 79001 Page 2 5. The proposed use represents a reasonable use of the land and is consistent with the Comprehensive Plan development goal for the Northeast Neighborhood. The Planning Commission, at that time, also recommended rezoning of the area through Planning Commission Resolution No. 77-3 (attached) for the following reasons: 1 . There is need for additional R-1 zoned land in the the Northeast Neighborhood, consistent with the Comprehensive Plan recommend- ation that single family residential development be the pre- dominant characteristic of this neighborhood. 2. The existing Humboldt Square retail center adequately serves the neighborhood as a centrally located shopping center. 3. There is no perceived need for additional C-2 development in this area. 4. The owner has proposed the zoning change which represents a reasonable use classification of the property. 5. The Commission, pursuant to Chapter 35-202, has recommended appropriate amendment of the Comprehensive Plan goals for this area in Commission Resolution No. 77-2. The City Council record of the review of this request indicates that the Council was inclined to amend the Comprehensive Plan and approve the rezoning to R-1 as recommended by the Planning Commission, but continued consideration of the Com- prehensive Plan amendment and the rezoning until the applicant had submitted a proposal to the City Manager which showed positive buffering of the property in question from the Humboldt Square Shopping Center. The screening plans were never submitted by Mr. Bergstrom and the rezoning was never approved. In an April , 1978 letter, Mr. Bergstrom formally requested the withdrawal of the re- zoning request which was acknowledged by the City Council on April 24, 1978. Another aspect of the review of this matter that bears closer scrutiny is the Comprehensive Plan Goal Statement (Page 48) to "make single family detached housing the predominant character of the Northeast Neighborhood. " A March, 1976 land use inventory of the City indicates single family detached dwellings com- prised 48.5% of the total number of dwellings of the Northeast Neighborhood. Townhouses and Multiple Family Apartments together comprised 51 .4% of the total number of dwellings in the Northeast Neighborhood. We are in the process of updating this inventory and hope to have the results by Thursday's Commission meeting. A copy of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208 of the City Ordinances is attached for your review. The merits of a rezoning request must be reviewed against this policy and these guidelines . 1-11-79 Application No. 79001 Page 3 The staff met with the applicant and a developer in December regarding this site and potential development. We discussed briefly density requirements and a possible layout for the quadra home concept. They indicated they would submit conceptual plans regarding their proposal along with the rezoning application to better illustrate a proposed development to meet R4 Zoning District requirements. To date, we have not received such plans to comment on. A public hearing has been scheduled and notices have been sent. Recommendation It is established Commission policy to refer all rezonings and Comprehensive Plan review matters to the appropriate Neighborhood Advisory Group which is, in this instance, the Northeast Neighborhood Advisory Group. The Commission should dis- cuss the merits of the proposal and the various planning concerns, and then table the matter for further review and input by the Northeast Neighborhood 1-11-79 BERGSTROM REALTY COMPANY 3401 - 35th Ave. No. Minneapolis, Minn. 55443 Planning & Inspection Department 6301 Shingle Creek Parkway City of Brooklyn Center, Minn. 55430 ATTENTION: Ron Warren Gentlemen: We herewith submit our proposal for rezoning from the existing C-2 to R-4 the following property; That part of Lot 2 , Block 1, Highcrest Square lying east of Register Land Survey 1312 . (8± Acres immediately east of Humboldt Square. ) This site has remained undeveloped because of the apparent lack of need for additional shopping centers in the area. We request rezoning to R-4, and propose building quadrahomes on this site. Quadrahomes would be a new concept in the area. This type of building would furnish the need for additional medium-priced housing. The new concept would provide an attractive buffer between the existing single family homes and shopping center. Respectfully submitted, BERGSTROM REALTY COMPANY 1 r J . y� Kenneth L. Be � rgstrom fmo To Brooklyn Center Planning Commission 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430 Feb. 9, 1979 Minutes of the NE Neighborhood meeting of 2/8/79 held at B.t.K.B. Approximately 30 people present including Von Bergstrom, representing the petitioner, and Jerry Splinter and Ron Warren of the City. The first item of discussion was Bergstrom's petition to rezone approximately 8 acres (application #79001) from C2 to R4. The citizens present were unanimous in their objection to the rezoning. Their arguments were basically as follows: The NE neighborhood is currently over balanced with to many multi-unit dwellings. It was felt that multi-unit buildings of the density rpoposed or of greater density as allowed by R4 would seriously affect the realestate values of the single family homes in the area. Homes in the area were purchased expecting the C2 use or possibly the R1 use requesteddtwo years ago. R1 would be the most preferred use, but C2 would be much preferred over R4. There would be no benefit to the community from the rezoning. The only benefit of the change would be to the owner of the property. The second item of discussion centered arounfl reviewing the Comprehensive plan. The group had no recommended changes to make. The only question that was raised was regarding a possible bike path along the south side of 69th Ave. and the undatine of the street itself and the need for additional right-of-way. This will have to be discussed again in the future when either of these become a more definite possibility. The other item discussed was the changing the present #169. The concern centered around the traffic problems that iaight arise. It was hoped that such a development would not be of the freeway type but more like what Brooklyn Blvd. is with access about every 3 or 4 blocks. 9ect i ub witted by M, D. Hannay, Chairman - L,11T Ur U_hTTM_11JT1 LHIILR r PLANNING C0;i;115S 1 O[J ZONING AI TL I CATION i Application Nu. 79065 Please Vrint Clcarl;, (Ir T,r{)-? The part of Lot 19 , Auditor ' s Subdivision Number 57 described as follows : Commencing at a point in the Northeasterly line of said Lot 19 distant 112 . 45 feet Southeasterly from the North- easterly corner thereof; thence Southwesterly at right angles 120 feet; thence Northwesterly at right angles 130 feet; thence Northeasterly at right angles to the North line of said Lot 19 ; thence West to the Northwest corner thereof; thence South to a point in the Westerly extension of the North line of Lot 18 in said Auditor ' s Subdivision No. 57 ; thence East along said last described line to -the Northeasterly line of said Lot 19; thence Northwesterly to point of beginning. Variance - Site & Gldq. Plan Approval Special Use Permit xx Other: Re lattin Descriptlon of Reques±: Conditional approval of attached replatting 1 Fee 28 . 00 — App i Cc..1Z s 5�yra itx e i _'_Da e • - Hate . PLANNING COMMISSION RECDN:°icIiDATICIV )ates of P.C. Consideration: lfrt"oVtCI Dsnied this day of 19 , subject to he i`itllo - nq toad' :ions. - _ Cha i r,i:a n C iTY OF -BROOKLYN COMER, MININCSOTA 6301 Shingle Creek parkway 55430 f':twrUU�;t_S AND REQUIREMENTS FUR ruING APPLICATI0N FOR SITE AIN'D GUILDING PLAN APPROVAL Prior to of all app! ication for plan review and ap-proval , prospective applicants shotOd �-► r.1119e an informational w.ieting wi th the Planning staff to discuss prol iminary plans ent! t<) .iccGa:o familiarized with applicable ordinance and pol icy provisions. Three (3) copies of the folle•,•ring docu,;:e:ltS and information shall be submOt-ted, at least 14 �! ��•; p•� �� to the date of the regular Commission meeting, Concurrent with filing thw ::rpli at do–uir,onts m:x_t be consistent with ordinance and policy provisions before an � I icat 11 may be acc°pted) : 1. A ccrtified site survey drawing by a registered engineer or- land surveyor showing pertinei existing condition, accurately dimensioned. 2.* An -accurately scaled and dimensioned site plan indicating: a) parking layouts - including access provisions; b)- des igna'tions and locations- of accessory buildings; c) fer-ces , walls or other screening, including heights and type of material ; d) outs de lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas .to be sodded or seeded; location, size and species of tree, and shrUbbery. , 4.* -Building floor plan_, elevations , sections and specificat-ions - including materials propo& Exi!,ti:!q and proposed land elevations , drainage provisions , and uti- -ity provisions. S. Ad:Ji::,na? driwir.gs , -plans or information deemed necessary by the Secretary. *11, C� be prFi,�red by a �g 5cered architect or person registered with the State Board of ,Vj s ,tr'.L;on for ray chi sects , _rogineers and land Surveyors , and said d•raviin;s;plans shall be ccr•tif?ed. ;!;;;'t: Upor: approval of plans by the Council and prior to issuance of perrMts , a Performance Site in-Proverrents and a Supporting fillanc al yuai'antee, iII all a.-MILIfic Lo b° detc,.m ri-2d by tn` City, 'are required. Acceptable financial instru;rents include cash escro•.; car T: f c?to of depo= : t; anti p er formance .bond . Copies of the Zoning Ordinance way be obtained from. the Administrative Office. �Li-2+6r•s :,t:oul d be d i rect-ed to the Department of Pl ann Ing and Inspection. %/[ Form No. 19 BANCO PROPUTIES,INC. Northwestern Bank Bui;ding Minneapolis,Minnesota 55480 i Walter W. Klus i Vice President November 20, 1979 Mr. Ron Warren Director of Planning City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, ITT 55430 RE: PICADILLY POND SITE BROOKLYN CENTER i MINNESOTA i Dear Mr. Warren: i On October 25, 1979, application was made to your city concerning Site Plan Approval, Variance Request, and Plat approval.. On November 1, 1979, a meeting was held in your office to discuss our requests. Those people attending this meeting were: Ronald Warren, Director or Planning; Gary Shallcross, Assistant Director of Planning; James Naska, Superintendent of Engineering; Harold Jensen, President Camden Northwestern State Bank; Dave Broesder, Architect Korsunsky Krank Erickson Archi- tects Inc. , and the writer. The conclusion reached in the meeting was you did not feel our proposal was ready for submission to the Planning and Zoning Board. 1 We have withdrawn our interest in the subject property and ask you to return the checks submitted with our I requests. We appreciate your assistance in answering our many questions. 5 Very truly yours, e i Walter (v. Klus Vice President WWI,',:men ~ cc: Harold Jenson R. D. McLellan President Senior Vice President Camden Northwestern Northwest Bancorporation State Bank 1,1 i r UPU�.�n)r,i. li GL111 L1t PLANNING CU'i'4!SS I Ord 10Nl NG AHIL I LAT I UPS Application Hu. 79064 Please Print Clearly or Type The part of T..,c;t 19 , Auditor ' s Subdivision Number 57 described as follows : Commencing at a point in the Northeasterly line of said Lot 19 distant 112 . 45 feet Southeasterly from the North- easterly corner thereof; thence Southwesterly at right angles 120 feet; thence Northwesterly at right angles 130 feet; thence Northeasterly at right angles to the North line of said Lot 19; thence West to the Northwest corner thereof; thence South to a point in the Westerly extension of the North line of Lot 18 in said Auditor ' s Subdivision No. 57 ; thence East along said last described line to the Northeasterly line of said Lot 19; thence Northwesterly to point of beginning. Variance Site & BI 619. Plan Approval Special Use Permit Other: Description of RegUes±:_ Request approval of Site and Building Plan Fee $ 25. 00 Receipt No. Ap, I� Si9r�a'� i:r e Hate PLANNING C01.11,;?S-S ."i P.ECDMK;;EHIDATION Dates of P.C. Consideration: A}rroved Denied this day of 19 :, sUhj e ct tci t!re fol io inu cfl nd' Lions: Chai rwan r c ITY OF -UPOOKLYN CENTER, MINNESOTA 6301 ShinUle Creek Pirkway 55430 ZOVAL P+;+h'�DUi CS AND REQUIi EMENTS )*OR fit.ING APPLICATION 1-011 SITE AND BUILDING PLAN APP11' `rior to sub+ii:sSion of all app? ication fcr plan review and approval , prospective applicants -;okou, Z.! rangy an informational nu.eting with the Planning staff to discuss proliminary plans ot! familiarized with ,applicable ordinance and pal icy provisions. hrze (3) copies of the folle;,ing docu.-nents and inform-ation shall be sub-minted, at least 14 ��•: p � �:• to the date of the. regular Commission meeting, cc�nc+l;•re;a ►�litl► fling^thw a;:pl CI dt' r aJirr:d docu,ronts must be consistent with ordinance and policy provisions before an znpl i;jil-jon may be acc-pted) : I. A cc.-tified site survey drawing by a registered engineer o:• land surveyor showing partinel existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts- including access provisions; b) designat;ons and locations of accessory buildings; c) fences , +•:alts or other screening, including heights and type of material ; d) outs-;de lighting provisions, type and location; e) curbing. 3.* A 7 n,dscape plan showing areas to be sodded or seeded; location, size and species of tree and shrubbery. �. Iding floor plan_ , elevations , sections and specifications, including materials propose t, 5.,t,._.• q and p- pcs-d land elevations drainage provisions , utility and provisions. 5. Ad%i;t-,onal drawing.s , -plans or information deemed nQcessary by the Secretary. �,#Us- be prep red by a aegis :ered architect or person registered with the State Board of Q--- :.. raL cn for Tar chi sects , Engineers and land Surveyors , and said draviln;s 'plans shall by c ce:•t-it-,ed. '.ii i t: Jpor: approval of plans by the Council and prior to issuance of peraii is , a Perfcrm3rlce ,pp.,-.- .vd s i t2 in-prnveT-efts and a supporting financial guarantee, in an amount co b? +et.-e -mi rlod by tr,z City, are required. Acceptable financial i nstruirents in!. ude cash c rt: T icate of d e p j=': It and .performance .bond. . ,uFie= c-,' the Zoning Grdinarrce nay be obtained fron, the Administrative Office. 14 tees .-,houl d be directed to the Department of Planning and Inspection.. P/t Fora, No. 19 " CITY OF BROOKLYN CEN11(? PLANNING C0,11MUSSION ZONING APPLILCA11HO N Application No. 79015 Please Print Clearly c)L_'� e Street Location of Property 7200 Block, west side, of Brooklyn Boulevard Legal Dez.cription of Property see attached 17 -�j Owner Robert_-L. Johnson C; -3'/ Address 7232 Boone Avenue North Phone No. Applicant Same Address Phone NO. Type of Request: Rezoning x ^ Subdivision Approval Varlance Site & Plan Approval Special Use Permit Other: Description of I.Requesi:-- Fee Receipt No. Ap[T5 f n t s S i q nat-Ui^e -7,f /gate PLANNING COMMISSION RECOMMENDATION Dater, of P.C. Consideration: A Pp r)v--d Dcn i ed thi-, SUb4e-4- to tfie day of 19 ng c: ,-,d ons Chai rwan CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 53030 PROCEDURE=S AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants should arrang e an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three 3) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the Qlication (;°`JA ed documents mist be consistent with ordinance and policy provisions before an application may be acc?pied) : 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2 .* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; W fences , walls. or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing, 3.* A landscape plan shoeing areas to be s6dded or seeded; location, size and species of trees and shrubbery. 4.*' Bu W09 floor plan` , elevations , sections and specifications, including neater~ials proposed. 5.* Existing and proposed land elevations, drainage provisions , and utility provisions. 6. Adr -i t i onal dy aw i n v , plans or information deemed necessary- by t he Secr etar y. *Must be p;epnred by a registered architect or person registered with the State Board of Registration for Architects, Engineers and Land Surveyors , and said drawings/plans shall be so certified. NOTE: Upon: approval of plans by the Council and prior to issuance of permits , a Performance Agreement as to appr'o'ved site improvemEnts and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. - Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should he directed to the Department of Planning and Inspection. P/I corm No. 19 'That part of Lot 19, Auditor 's Subdivision No. 37, lying northerly of the north line of, and the westerly extension of, said north line of Lot 18, Auditor 's Subdivision No. 57, Hennepin County, Minnesota. That part of the Southeast Quarter of the Northeast Quarter lying southwesterly of State ?'rank 11ic;hway Nurziber 152 lying southeasterly of a line described as : Boginninq at a point in t-he south line of said Southeast Quarter di:,-ant 154. 43 ' feet cast from the Souttlwest corner of' -said Southeast Quarter; thence no-,theasterly deflectinn to the left 30 denrees 02 ;Iinutes from said south th lin e to the sou nna es _erly line of state 'r rank tiic h wa Y Numb-or 1r. and 4'there terminatinc , all in Section 23.. iownshi P 119 Rance 21 Hennepin Count} ,Minnesota. All that part of OuTLar F, THE PONDS, Hennen:Ln County, Minnesota, described as follows : Beclinning at the northeast Corner of said Ojl','Lar, F; thence westerly along the north line of said OJ'ri3OT F a distance of 575. 26 feet; thence deflect to the left 1,13 decrees 17 minutes 32 seconds for a distance of 2136 . :.2 ;'cot ; thence deflect to the left 21 de-rrees 32 minutes 20 seconds to the easterly line :)J: said OUTLUF F; thence northerly alonq said easterly line to the point of beginning . Planning Commission Information Sheet Appl ication No. 79015 Application: Robert L. Johnson Location: 7200 Block west of Brooklyn Boulevard Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval to combine part of Outlot F of The Ponds Addition and part of Lot 19, Auditors Subdivision No. 57 into Lots 1 , 2 and 3, Block 1 , R. L. Johnson's 1st Addition. This is the property compre- hended in the rezoning request under Application No. 79014. Three lots would be created, all having access onto Brooklyn Boulevard. A drainage, utility and access easement of 50 ft. either side of Shingle Creek would be provided comparable to the easement obtained along Shingle Creek on the east side of Brooklyn Boulevard when that property was platted last fall . The parcel to the extreme west of Brooklyn Boulevard would have an arm extending to Brooklyn Boulevard to provide access onto a public street as required by City Ordinances. It is anticipated that this area, with the proper legal agreements and restrictions, could be used as a common access to serve all three lots in the plat. The Commission should review and discuss the possibility of requiring this area to be 50 ft. rather than the 30 ft. indicated on the plat. The Engineering Department will be prepared to review the plat in more detail Thursday evening. A public hearing has been scheduled and notices have been sent. Approval of the application should be subject to at least the following conditions: 1 . Final plat is subject to review and approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3-29-79 •S L-,14, NF 114, SEC.28, T/'9, R.21 \ ._ ._. a ice. .••� :Li. .` . f .�. \ \.� " -� ��, NORTN LINE LOT 19, AD. \9 D. SUBD. NO. 57•. r��0�9 n FA .SOUTF"ER:.Y L/NE OF NE//•?, SEC.28, T.//9, R.21 .•.., .•'S- \ �� ov,j 9 / n ,945.45 S 89 004'11 r,F 4_ 154.43 'Z39 00 Z W ` ip o � \ � -370,19 W CORN:FR OF SE//4,NE//4,SL-�c'.2B Oo �b .. 4 0 \ \ i O r n c;,O r,, t�Z•/ 0 \gin v'•�2 \ ,,, "•S'_ ti4' 2s ��\• ZGC� h O I C..i"•! W .}. /� l_39�55 oa�c.�W'P 5 \� ? "'t • .\ SF G` R 2 f\ ?. Q ♦ 0 Z 408.40 �w� p r �+'•. I � w �< �... ORA/NAGS T/ AND UUTY rw._ a g \\ O EASEMENT \ O�0`6� ' � ��'FK \ 1 �� 4079/ SB9°04'//'� .\f � �•;, 9 o p \ p N49°0623'E /O 98:33 c�j Vg (lr � 'ti_ _ _: � / ,,, c^ mo N•,o�,,, yop:� 'Z T �\ y ARC/N7U/NC ,co F0s�y°24'soREFk ?2 o m c) SQME.✓TAN`S U7✓✓/Ty 1=_-- _ / O 1p-140.�'n � T�m ant O .--.� N y •y't,,: ' ��n �m O R) '•-.....- � _ � ,_ O ,`,629'• 10F � ..l-•� 241,b3 ..� e a v� Y 389015',50"W .O , \ F LOT /B, AU . SUB NO 57 N Q 7 r ",/ESTERLY EXTEP✓S/ON OF NORTH L/NE OF LOT /8 AUD; SUBD. NO.�r, ��1•-,,." • M G) .. � tit .. WESTERLY LINE OF LOT 18, O r'j i !K AUD. SUBD. NO. 57 ;' a..:... :�e• ' \ J LAW OFFICES L.r-rEVER,E L 17x-1 EF", 1:1 E/Vmsc)1\1 R cz I I,-�j & (-)F l'WZ IiOC FtRtzl' NATtONAL CLANK BUILOIN!> C LAA I ON L., Le.F E:RE BROOKLYN ',:VNTER OFFICES "17-PliEN T rl� E-Fi—R MINNEAPOLIS, MINNESOTA 55402 E-iO SqUOKIDALL TOWERS I . -3 CURT !�, A P E A R SON N, J.D E N Nt S 0'B;-?I E,N TELEPHONE (Si2) 333-0S43 2©10 COUNTY' ROAD 10 JOHN E. DRAW7 BIRCOKUYIN CENTER,MINNESOTA 55430 DAVID J.KENNEDY 16121 551-3200 JOHN B.DI-AN GLENN C., PURDUE RICHARC, J. SCHIEFFER JAMES D. LARSON C H A R L.CS L. FFE.VERF HERBERT P. LE FL F R, JEFF' October E,' J. STRAND 2 , 1970, JANIZS P. O'M EA FHA MARY J. DJ0r0LI;ND T 1-10M A„ D,C 1?E IG,H TO N WEN D e L. FREEDMAN Mr . James Noska , Superintendent of En�:,,.J-n.eering City of 'Brooklyn Cuent,,.r 6301 Shingle Creek Parkway Brooklyn Center , 55430 Re : Picadilly 1'onul Dear Jim : Eric-los,ed is a redrafted public walkway easement on Picadilly Ponds Also enclosed is a redraft J Main.-Lenance for Private Roads . I ha-,7c had considerable expelrience in. these agreements cn private roads in mUTIICip.-IlitieS and Ii.ave redrafted this agreement in. ordc-r to avoid a number of common pitfalls . Wherever possi.L)le- , I ha.-,,re maintained both the letter and the spit_it o-F t,?.c property o-wmer ' s criCg;inal agC-1 reement . There are still some areas that T would like to change , but I do not feel that I can Cthe ueaning of their agreement . T am sencling a copy of t.h.is to the attorney who drafted the original agreement for Inis cormuents . S- in.ce-rely, LeFEVERE , LEFLER, PENRSON, O' BRIE-N "S'. DRAIT'/-- City Attorney Ra- ai 6 J S City of Brooklyn Center RJS:bh Enc . c ;�c r.�d. ror�rrt 1''Jtt. 2ri-iii. n1 a �n ,..:•,� ,:,i�. L bvidu t to Corpo anon. Dfnnawu tj t� PI—L, N. I i 1711' • � _t � nA ✓ 7i �i3't "1��Xk . Made thha daft of... . . ._...... ......_...,....-..... .......1, 19._7.9._, y between sband. an( wife n:'�n., .?Ta- _� _._ __... . f, i j of the County of .__ .Hennepin._...., .__........ ......_.-and State of ....... ....Minne,.5. t,a......... ... . ...._..........., j part1 ES of the first part, and ........ ......_.. ._. ...... ............ .. .... ...... ........ ................ .. ................ .. ........ ......City of_Brooklyn_ Center.,. a-municipal.. ..... ............. . . .. orcorporation under the laws of the State of.. .. Mi.nne.iota............. ...._............, pasty of the second part, l 1 • Ultlloi"Ctk), That the said part ies cf the first part, in consideration of the sum of =. _One.....dollar..._a.nd.. other-_ gaad_ aid valuable ..consi.d.eration ........ to._.........__-.the)t, _....___..._. in hand paid by the said party of the second part, the receipt Obereof is hereby acl.•nozeled_ed, do__._.. hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assi ns, Fore;er, all lite tract_. or parcel . of land lying and bein I in the County of__...... 7...Hennepin .........._... .. .........and State of.Minnesota, described as follows, to-u•it: � v I An easement for public walkway purposes over that part of Lot 2 lying within the 50-foot platted, drainage and utility easement on the southwesterly and southerly boundaries of Lot 2; and that part of Lot 1 lying within the platted 100-foot drainage and utility easement I across said Lot 1; all in Block l., Picadilly Pond. ! Ii I � i i f i I I t r 1 I To 5flabe atib to �R)olb N)C a111C, To_%clher with a.11 the hereditaments and appurtenances there- unto belon iq or in anr7avise appertaining, to the said p<:rty of the second part,its successors and assifa.s, i Forever. I S i I I 3111 Te5tiliiottp ITIII)CCCDf, Tihc said parties. of the first part ha.Ve._ herercnto set_.theiT__._... .. hand S. the day and year fhyst aborc written. l I _Robert L. Johnson ....................___..__.. i) hiarceiie 5: Jo nsori__ ...................................._....................__.....,......... f 1 _._ ........_......................................................................................_.... r ' I a,"Late rif sl�Namjrjta, countyo! by Robert L. Johnson and Marcene S. Johnson, husband and affe. day of ,19_ 79 ty (.NANIL OF P1 RION Al KNOW1 tD(.ED) ('x;NA11!RL 01 PIKSON TAKI THIS INSTRUMENT WAS DRAFTED BY ( ITLE OR RANK) --Richard_J_._Schief_f.cr___ (N-) _61.0-Brookdale--Tower s _.Brooklyn_._Center, MN` ,Y6_0 SUBORDINATION OF MORTGAGEE'S INTEREST National City Bank of Minneapolis, as Mortgagee of the real estate described in this instrument, as the said Mortgagee's interests may appear of record, hereby subordinates its Mortgagee's interests, as they may appear of record, to this Agreement. MORTGAGEE National City Bank of Minneapolis By Its STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1979, by its Minnesota corporation-----b— of ga—tiona17 City Bank of FlIn—neapolis, a on 6half of the corporation. Notary Public II ;z in z z U L J 0 Z Z: z ti DECLARATION OF COVENANTS, CONDITIONS, REST??ICTIONS AND 111AINTENANCF. AGREEPIENT FOR A PRIVATE ROAD THIS DECLARATION is made on the date hereinafter set forth by the following persons, hereinafter referred to as the Owners, 4 WHEREAS, Robert L. Johnson and Marcene S. Johnson are the Owners in fee land simple of certain i � a n the City Brooklyn Cen- ter, County of Hennepin and State of Minnesota, hereinafter called the Properties, which land is described as follows: Lots 1, 2 and 3, Block 1, Picadilly Pond, according to the recorded plat thereof. NOW THEREFORE, the Owners hereby declare that the Properties shall be held, sold and conveyed subject to the following ease- ments, covenants, conditions, agreements and restrictions which are for the purpose of providing ingress and egress to the Pro- perties, and which shall. run with the land described in the Properties and which shall be binding on all parties having any right, title or interest in the land so described, or any part thereof, their heirs, successors and assigns , and which shall. inure to the benefit of each Owner thereof. DEFINITIONS 1. Owner. One or more persons or entities, holding a fee simple interest in a Lot, or holding the vendee's interest in a contract for deed on a Lot, which interest has been recorded in the office of the County Recorder, Hennepin County. 2. Private Road. The grade, base, surface, drainage facilities, curbs and otFer elements and appurtenances which create a driving surfact upon the Road Easement- which is suitable for vehicular traffic. 3. Lot. A parcel of land which is one of the Properties set fort herein or which was created from the Properties and approved by the City of Brooklyn Center. 4. Road Easement. The Right-of-Way serving the Lots for the pur- pose o ingress and egress and which is legally described as That Part of Lot 2 lying east of a line dram between the Southwest corner. of Lot 3 and the Northwest corner of Lot 1, all in Block 1, Picadilly Pond, according to the recorded plat thereof. PROPERTY RIGHTS 4% 1. Owners' Easement Rights. Every O�,mer shall have an easement for ingress an�ss in and to the Road Easement. Said easement shall be appurtenant to and shall pass with the title to every Lot. 2. Delegation of Use. An Owner may delegate the said right to use the-Ro`a Lasemeii to its tenants, guests and invitees. COVENANTS FOR CONSTRUCTION, RECONSTRUCTION MAINTENANCE AND REPAIR 1. Construction. The Owners of Lot 2 hereby agree to construct a Private Road on the Road Easement in accordance with plans and specifications approved by the Director of Public Works of the City of Brooklyn Center. 2. Pment of Costs. The costs of said construction shall be shared by--tie-Owners in the following proportions: ..l- Owners of Lot 1 - 44/ Owners of Lot 2 - 160 Owners of Lot 3 - 40, 3. Reconstruction, Maintenance and Repair. Any reconstruction, mai., enatici or repair= o?v,�ie-7vivaL Roaa shall be continuously performed by the Own er of Lot 2. `The Owners hereby agree that the City of Brooklyn Center has no ob]igation to construct, recon- struet, ma5ntain or repair the said Private Road and that the City of Brooklyn Center does not intend to acquire or open said Private. Road as a public roadway. 4. Payment of Costs. The Owners hereby assume and agree to pay a prcportionate sE-are of the cost of reconstruction, maintenance and repair_ of the Private Road. The said proportionate share shall. be determined by dividing the total cost of reconstruction, maintenance and repair (including, without limitation, the cost of cleaning, snow removal , surfacing and resurfacing) by the total number of parking spaces in Lots 1, 2 and 3 and multiplying the quotient by the number of parking spaces in each Owner's Lot. Liability for the said proportionate share shall commence,as to each Owner, on the date of this agreement or upon the date the parking spaces are approved in the Site Plan Approval process of the zoning ordinance of the City of Brooklyn Center, whichever is later. 5. Lien and Obligation for Assessments. The Omer of each Lot bereTy covenants and each O;aner of each Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay assessments established. with respect to each Lot,which assessment shall be a charge on that lot beginning ten (10) days after writ- ten demand for payment, and shall be a continuing lien upon that lot. Each assessment, as described above, shall also be the per- sonal obligation of the Owner of the said Lot when the assessment fell due. The personal obligation for delinquent assessments shall- net pass to an Owner's successors in title unless expressly assumed by such successor. Such assessments shall be for the exclusive purpose of the reconstruction,maintenance and repair of the Private Road. Said lien may be foreclosed by action in the manner prescribed by Minnesota Statutes for the foreclosure. of a mortgage by action. Costs of original road construction is the sole obligation of the Owner_ of Lot 2 and shall riot become the personal obligation of the Owners of Lots 1 and 3, nor a lien upon said lots. RIGHTS OF THE CITY OF BROOKLYN CENTER q 1. Right of Repair. In the event that the Owners fail to recon- struct, maintain and repair the Private Road in accordance with the standards provided herein, it is agreed by all Owners that the City of Brooklyn Center may, at its discretion and option, under- take the reconstruction, maintenance and repair of the Private Road and that any such action taken by the City of Brooklyn Center will not result in the establishment of a public roadway. The Owners further covenant and agree that costs incurred by the City of I�rooklyn Center under this paragraph shall be divided among and paid by the Owners in accordance with the formula set out in Par- agraphs 3 and 4 of the preceding section. In the event that any Owner shall default- in such payment, the City of Brooklyn Cen- ter may, at its option, assess the said costs against the appro- priate Lot, and certify said assessment to the County Auditor and collect the same in a single payment as in the cases of special assessments for Public Improvements. 2. Convcvance of Easements. The OT•mers hereby convey to the City of Brood::lyn Center, an easement for ingress, egress , reconstri c- ti.on, maintenance and repair over the Road Easement to perform police calls, fire calls, rescue and other emergency calls, inspec- tions, animal c_•on.trol, street maintenance and repair, street -2- reconstruction, snow removal, provisions for adequate surface drainage, sanitary sewer, storm sewer, water mains , and other utilities, weed control, Dutch elm control, installation of cable television, or other public services deemed necessary by the City Council. The cost of any such work performed pursuant to this section shall. be assessed against the Lots pursuant to Paragraph 1 of this section. The City of Brooklyn Center does not undertake to perform. any of the aor-k outlined in this paragraph but reserves to itself the option to so perform. MISCELLANEOUS PROVISIONS y 1. Restrictions on Use. No Owner shall obstruct or interfere with the right or privil_e.,,es of other Owners in the Private Road nor shall any Owner alter, construct, remove or obstruct the Private Road. Upon any violation of this section, any Owner shall have the right to restore the Private Road to its prior condition and cause the cost thereof to be assessed against the Owner violating this sec- tion. Such assessment shall become due and payable on demand of any Owner. 2. Subordination of the Lien to Mortgages. The lien of any assess- ment provided ier herein siarl-5—subordinate to the lien of any first mortgage. 3.Duration. The covenants , conditions and restrictions of this Decl_ararzon shall run with the land and shall be binding on all persons claiming thereunder for a period of thirty (30) years from the date this Declaration is recorded. Thereafter, the cov- enants, conditions and restrictions of this Declaration shall be automatically extended for successive years of 10 years , unless an instrument signed by the Owners of not less than 75% of the Residence Lots, and approved by the City of Brooklyn Center, agreeing to change said Covenants, conditions and restrictions, in whole or in part, have been recorded. Amendments to the Declaration also require the approval of 75% of the Owners and the City of Brooklyn Center. IN WITNESS WHEREOF, the parties hereto have executed this Declaration on the day and year indicated below. OWNERS CITY OF BROOKLYN CENTER Mayor Dated: Dated: Dated: City Manager Dated: Dated: Dated: -3- t CITY 01. BROOKLYN CENTER PLANNING C011111✓ISSION ZOWNIG APPLICATION Application No. 79014 Please Print C1 early or, Tvne Street Location of Property 72nd block, west side, on Brooklyn Boulevard Legal Description of Property see attached Ow n e r -.Gbp-r-t L- jClhnqnn Address 7232 BoQne Avenue North k'hone No. -&H-24-28 Applicant Same Address Phone No. Type of Request: X Rezoning Subdivision Approval Varian,ce Site & Bldg, Plan Appi,oval Special Use Permit Other: Description of Request:: Rezone the property from R3 to C1 and C2. Fee $75.00 Receipt No. 50291 TpP'T-icanz s Signature 7 �e Date COMMIr:q T PLANNING __j',)N REMMIME-NDI"kTION Dater of P.C. Consideration: AF pr ti d D,�ri i e d this day of ig 7 % subject to the follwvi- I n g c o c' " ions: C ha i rrila n CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants should arrange an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted, at least_ 14 days prior~ to the date of the reyula�r, Commission meeting, concurrent with oiling �tne appiicatioru (r� uuired documents mist be consistent with ordinance and policy provisions before an application may be accepted) : 1. A certified site survey drawing by a registered engineer or And surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fencer , walls or other screening, including heights and type of material ; d) outside `righting provisions, type and location; e) curbing, 3.* A Wndscape plan shoring areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* Building floor plans, elevations, sections and specifications, including materials proposed. 5.* Exls`fng and prOpcsed land elevations , drainage provisions , and utility provisions . 6, W ition l dfnwings , plans or information deemed necessary by the Secretary. W;.,st be p(epared by a registered architect or person registered with the State Board of Rcc,istrat.ion for Architects , Engineers and Land Surveyors , and said drawings/plans shall be so certified. NOTE Upon approval of plans by the Council and prior to issuance of permits , a Performance Agreement t a`, to approved sit' inproTteiC'ents and a supporting financial guarantee, in an amount to be determined by the City, are requi red. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of thq Zoning Ordinance may be obtained from the Administrative Office. Ques tions should be directed to the Department of Planning and Inspection. P11 Form Pao.. 19 i That part of Lot 19, Auditor 's Subdivision No. 57, lyinq northerly of the north line of, and the westerly extension of, said north line of Lot 18, Auditor 's Subdivision No. 57, Hennepin County, I,linnesota. That part of the Southeast Quarter of the Northeast Quarter lying southwesterly of State Trunk Nichway Number 152 lying southeasterly of a line described as : r,eginninr, at a point in the south line of said Southeast Quarter distant 154 . 43 feet cast from the Southwest corner of said Southeast Quarter; thence northeasterly deflectinq to the left 39 degrees 02 minutes frog, said south line -°to the soutwesterly line of :state r runk liic;hway Number- 152 and there term inatin,-.;, all in Section 23, 'Township 119, Rance 21 , fennepin County, ,xinnesota. a All that part of OUTLOT F, THE PONDS, Hennepin County, Minnesota, described as follows : Beginning at the northeast corner of said Or7rLDI, F ; thence westerly alone the north line of said OUTLOT F a distance of 575. 26 feet; th,2nce deflect to the left 1,13 denrees .' 17 minutes 32 socorids for a distance of 286. 12 :"cet ; thence deflect to the left 21 denrees 32 minutes 20 seconds to the easterly line o:T .;rrid OUrL(71' F; thence northerly along said easterly line to the point of beclinning . Planning Commission Information Sheet Application No. 79014 Applicant: Robert L. Johnson Location: 7200 Block, west of Brooklyn Boulevard Request: Rezoning The applicant is seeking rezoning from R3 (Townhouse/Garden Apartments) to C-1 (Service/Office) and C-2 (Commercial ) of an approximate 8 acre tract located in the 7200 Block west of Brooklyn Boulevard. The property is bounded on the north by the Brooklyn Center/Brooklyn Park municipal boundary, on the east by Brooklyn Boulevard, on the west by Shingle Creek and on the south by the Creek Villa townhouse neighborhood. The same applicant had requested a rezoning to C-2 for most of this same area during the summer of 1978. That Application (78032) was denied by the City Council , following a recommendation by the Planning Commission. The City Council , after denying the rezoning request, had directed the Commission to study the feasibility of considering a split zoning, Cl for the southerly portion of the site and C2 for the northerly portion of the site, in light of the following considerations; Cl zoning to the south would be compatible with existing ad- jacent zoning in Brooklyn Center, while C2 zoning on the northerly portion would be compatible to adjacent land uses in Brooklyn Park; the split zoning would provide a buffer between the R3 property (Creek Villa and The Ponds) and the commercial ro erties in Brooklyn Park. The Commission was also requested p p Y to look at the feasibility of rezoning to Cl , a potentially landlocked parcel to the west, lying easterly of Shingle Creek. A staff report dated December 7, 1978 (attached) was presented to the Planning Commission and the Commission, on December 8, 1978, reported to the City Council that such a rezoning would be feasible. The City Council , on December 18, 1978, directed that such a rezoning proposal be accepted. (Minutes attached) This application is in response to that direction. The applicant has indicated the desire, if the rezoning requests are approved, to eventually develop a restaurant on the C2 property to the north and Service/ Office uses on the remainder of the parcels to be rezoned to Cl . The Northwest Neighborhood Advisory Group, when reviewing the C2 rezoning request on July 5, 1978, had recommended a split C1/C2 zoning for the parcel . A copy of their recommendation is attached for your review. In light of their recommendation it is not felt that this matter would have to again be referred to that group for their review and comment. The group has been notified of the current proposal , and has been encouraged to participate in the scheduled public hearing and to comment as to whether they feel there is need for further review of the request by their Neighborhood Group. A public hearing has been scheduled and notices have been sent. It is recommended that the Commission review the rezoning proposal in more detail , and if it feels that the request has merit, it should recommend the C1/C2 rezoning, noting the following considerations: 1 . The property in question is unique because of its location between Shingle Creek and the commercially zoned property to the north in Brooklyn Park; 3-29-79 -1 - Application No. 79014 2. Approval of the rezoning acknowledges the C2 zoning on the pp 9 9 north as being an extension of, and compatible with, the existing commercial zoning in Brooklyn Park; 3. Approval of the rezoning is not to imply that there is a need for further C2 rezonings along Brooklyn Boulevard; 4. That the C2 rezoning to the north can be adequately buffered from the less dense residential uses to the south and west by the con- current Cl rezoning of the remainder of the property which is consistent with the City's Comprehensive Plan. I 3-29-79 -2- APPLICATION # 7901 - R �—: zONIMG FROM 0,,i c;o, AA 0— ,)— F CREEK A. 41 �� •`. ,5;�.!L (;223) (62/2) \•;: ~(SHINGLE j 7210) o?f FROM PLAT Sr , / ° D�. AUD 3 Ti LA NE AF — 1` :S'3e' 5 u T C T --�_,qL ��5 01 a� ,° �� _.� 6Jj.87 "",,,—.•. `l .g �3151�� ;F 4,p �, 3 ,, -, `. G �\ ✓ t 3 r , , j �a 3 4�.ry4 \ c. �� 010 0 i 1„J{ � - ��V'.IIG '.!' 1,1 , \\`�(r � '1• n4 ��Il _i�i4,ISf}�-i�' i:'.o \ . i. � 1p AVE � ` oy -1 REPLAT OF BLOCK,- G i' DD 9 2 LANG t._...._. r .. z5 to 20 9 - 1 � -`+ '14� /- ~ I- ti faRT [•J I ti�x w� _ a "`t -• -f.- : � Af.P'^ 1 I � i�v �!a. wy�� '� _"`--.- -�►—��iiLNi�E"-` I\ �o'� I ��. N � 7 � . ��--rH•a00RCA:�.-_._—"„_ll` C f'�� ..E_. •�/--�ESTJfIE! �--�.�. . - .—} R..:>:°'. s — -� Ej � -,I - •S.'-.�_ �,�" V� p. I I EN QU`'7 ._r*---u C ��'_I = %"'ter_fir � +�- ,•(. ��[[[��,,, z E L_�.r•_+•i -_ I i OMNAV' 9Tt. �•.._t.t.. w E I 0 H I A. .J , ' (,5- '•- S L °� l{' `-----� � �►. �'rt�c� �� ,�Kn,•�-- - '//l,� �a u�o,��p � _^! q9 9_A �.P V• } ©© +D ��+�/7 N A Ir 91 -Y - tY EtrO•. v {'I �� 5 '1 .Or•:•av -yy-.-.�f6_�N__- ill_�� _�1 D O N N A V•S y_ 1 }-�__ -_.� 21 z2 D-A-L-Et� I-� I Ch E; '`� �S • { T N I I`{ S A 'OKD A'l'E i l �---{ AFL },� 'Y•�R �,yy � 111 ^ •� . LnN k Ji \, 8 R r�_ti—., --. I \\ � Sly �� • OUHN� �:` / -" PARK.f.. py jl j i�Ti r -. CJ^JCS-00:1rION f A, a � GOVaS EAST - C`Iii..t V ty /�� /c�` yr,-,:__;_-� i 31��,�1E �:� •tN° am U �d' ( i/MTNOjL x lit � �O•� ` � ��-r iCp t•� t I[. WILLOW t ■]V/\ LANE O ti l Cl4ZALE • ' ~ CcEuCYTA 4r G SCHOOL "}_ 4 c `[;�-v��i�EfZ ••fit�'!. }•y -�-_ - y WILLOW LANE PARK NORTHYtEIP � � �}yi` s �-_ r WATER ION SCHOOL TOWER 1 94 a � J ----� , ^-� w i Rik o II 7111111 T - - - _ Y i � � SURVEYdRS -f�r,�f,-�-.�� -�� .•• � �� 7415 WAYZATA dLVa (F MINNEAPOLIS,MINNESOTA Eg��. 117j N CERTIFICATE OF SURVEY FRED SEED For r N 89"12'0Z'1w. 2g < c I p0 Al i Y SCALE: l"-1001 DESCRIPTION: All th` i.. phrt of Outlot F, THE PONDS, described as follows: Beginning at the Northonst corner of said Outlot F; thence on an assumed bearing of North 89 degrees 12 minutes 02 seconds West, 575.26 feet, along the North line of said Outlot F; thence South 52 degrees 29 minutes 34 seconds East, 286.12 feet; thence South 74 degrees 01 minutes 54 seconds East, 362.84 feet to the easterly line of said Orntlor F; thence North 0 degrees 07 minutes 50 seconds West along said easterly line to the point of beginning. Area 2.19 acres We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location ofalibuildings. If any, thereon, and all visible encroachments, if any, from or on said land. Dated this 29th day of December ,1978 EGAN, FIELD t NOWAK/ INC veyors 1451 by / 0/r ,,. .• �n� �I ! • 3.�� ile No Book No ' '� � r .r MEMORANDUM TO: Planning Commission Members FROM: Ronald A. Warren, Planning Commission Secretary,4, ,C Ai. DATE: December 7, 1978 SUBJECT: Restaurant Use in Cl Zone The City has received a recommendation from the Planning Consultant, BRW, regarding a matter that had been referred to the Planning Commission from the City Council involving the possibility of permitting a restaurant use on the property located in the 7200 Block of Brooklyn Boulevard. The property is currently zoned R3 (Townhouse and Garden Apartments) and is bounded on the north by the Municipal Boundary; on the east by Brooklyn Boulevard; on the south by Shingle Creek and Creek Villa Town- houses; and on the west by "The Ponds" planned residential development. Mr. R. L. Johnson had earlier this year submitted a rezoning request to zone the property C2 (Commerce) and had indicated a desire to develop an office building on the south portion of the property and a restaurant on the north portion. The rezoning re- quest, following public hearings by the Planning Commission, review and comment from the Northwest Neighborhood Advisory Group, and review by the City Council was denied. The Planning Commission was requested by the City Council to review a proposed split zoning of the property (Cl to the south and C2 to the north) on the basis that a Cl use of the southerly portion would be compatible to existing ad- jacent zoning in Brooklyn Center while a C2 use on the northerly portion would be compatible to adjacent land uses in Brooklyn Park, and that the split zoning would provide a buffer between the R3 property in Brooklyn Center and the commercial properties in Brooklyn Park. It was also requested that the Commission look at the feasibility of rezoning to Cl , a potentially landlocked piece of property which is part of "The Ponds" development, but lies east of Shingle Creek. BRW recommended,as a solution to this problem and as a means to permit the develop- ment of an office use and a restaurant use on the property, the rezoning of the parcel to Cl , which would be compatible with the Comprehensive Plan and an amend- ment to the Zoning Ordinance to permit restaurants which seat a minimum of 130 persons in the Cl zone. The recommendation went on to note that restaurants along Brooklyn Boulevard would not appreciably interfere with the roadway's ability to handle traffic demands. They felt that with one properly designed curb cut to service the two uses, the impact on the traffic flow of Brooklyn Boulevard would be no greater than an office development. They also recommended that there be no additional C2 zoning on a parcel by parcel basis on Brooklyn Boulevard. They indicated that generally a 130 seat restaurant seems to be a worthwhile number to distinguish between family restaurants and convenience food restaurants. At first glance this seemed like a feasible way to proceed to address the problem presented by the proposal . But, after much review involving the City Manager, the City Attorney, the Director of Public Works and myself regarding the con- sequences of such an amendment it is not felt that this type amendment would be seu uh Y q , P in the best interests of the City. First of all , there may well be a problem with using the number of seats as a qualifier for permitting a restaurant in a Cl zone. For instance, this might only encourage larger convenience food restaurants. '- Another major concern would be with respect to other Cl zoned property along Brooklyn Boulevard. There are a number of Cl locations on Brooklyn Boulevard where a restaurant would not be compatible with surrounding uses. An example would be the Library property, currently zoned Cl . Also, there are a number of other Cl zoned properties where it is felt that a restaurant would not be appro- priate. We feel that the City would be hardpressed to deny these restaurant uses if the Zoning Ordinance were amended in such a manner. It is felt that the original action to deny the C2 use of any portion of the property was the best overall decision and it would be our recommendation that this decision stand. If, on the other hand, the Commission feels it is in the best interests of the City to have a restaurant or another C2 use on a portion of the property in question, then we would recommend that a split zoning occur, noting that this property is unique because of the location of Shingle Creek and acknow- ledging a C2 zoning on the northerly portion of the property as being an extension of and compatible with the commercial zoning to the north in Brooklyn Park. We would also recommend that the Commission acknowledge that there is no rationale to rezone any other Brooklyn Boulevard property to C2; that this action is merely a minor extension of an already existing zoning in another community which will not cause a major traffic impact on Brooklyn Boulevard; and that the C2 use can be adequately buffered from the less dense uses to the south by a rezoning of the remainder of the property to Cl which is compatible with the City's Comprehensive Plan. If such a split zoning were undertaken, a determination would have to be made regarding the best location for drawing the zoning line and the applicant would be encouraged to contact "The Ponds" about the possibility of rezoning that land- locked property to C1 as well . I j July 5, 1978 Planning Commission City of Brooklyn Center From: Northwest Neighborhood Advisory Group Subject: Request;;for rezoning from R-3 (Townhouse-Garden Apartments) to C-2 (General Commerce) per Planning Commission Application No. 78032 as submitted by Mr. R. L. Johnson, owner of the subject property in the 7200 Block of Brooklyn Boulevard (west side). The undersigned, as Secretary for the Northwest Advisory Group, was instructed to convey the following action taken by the Group on the above subject referred by the Planning Commission Secretary in his letter dated June 19, 1978. Members of the Group held a meeting at 7:00 P. M. on June 29, 1978 in the Library Conference Room of the Civic Center to consider the above subject. Present were: James Carlson, George Uhlenkott, Louis Terzich, and Commissioner Richard Theis. The applican t, Mr. Robert L. Johnson., was present to explain the re q uest. The following residents from Creek Villa Townhouse Group were present to represent those residents: (Creek Villa borders the subject site on its southern boundary) Sam & Bernyce Jeffries 7214 E. Perry Court Clyde & Betty Liveringhouse 7222 E. Perry Court Ken & Pat Wutschke 7226 E. Perry Court James Carlson acted as Chairman of the meeting. The Applicant, Mr. R: L. Johnson, made the following statements: 1. He has not been able to find a builder/developer who would develop the subject site for Townhouses. A "For Sale" sign has been on the property for several years. 2. Because of increased costs in labor and materials, it has become too costly to build anything other than commercial ventures on this site. 3. Location is unique in that the usuable part of the site is separated from the remainder of Brooklyn Center by Shingle Creek omits southern boundary and by commercial properties in Brooklyn Park on its northern boundary. 4. Broo y kl n Center does not service this site with sewer and water. These services must be obtained from Brooklyn Park, which has these services close by. 5. Part of the subject property lies south of Shingle Creek but is not usuable for building and will remain in its natural state. Page 2 6. An easement of 50 feet on both sides of the center line of Shingle Creek will not be disturbed and will remain as is. This easement area is heavily laden with trees. Car parking will also stay off this easement area. 7. The area along the creek is heavily wooded and provides an excellent barrier for townhouse residents against any developments on the north side of the creek. 8. Only 2.8 acres of the total of 4.8 acres in the site is buildable because of poor soil conditions in some areas, the 100 foot easement, and non-accessible portion of land south of the creek. This amounts to about 40% of the site dedicated to green area. 9. Heavy traffic on Brooklyn Boulevard will continue to increase with time. Brooklyn Park is only partially developed now, and it is estimated that its population will reach 90,000 or more in the future. Substantial numbers of these residents will use Brooklyn Blvd. and increase the traffic load to far greater volumes than at present. 10. The Applicant is being forced Brooklyn Center to incur 10 000 pp g by a $ , expense to help provide sewer and water services across his property for the benefit of another office building across Brooklyn Blvd. from the subject site. 11. It is proposed to developed the site in the following manner: a. It is proposed to build a low profile rambler style 2-story office building:with an effort to make it blend with the surroundings. The building (one larger, or possibly two smaller sized) would be situated in the area adjacent to the creek as shown on drawings and depicted on a model of the site. The Applicant has some committments from attorneys, dentist and others for office space. The Applicant is owner of Big B's Pizza with several outlets in the Twin Cities area. He would move the corporate offices into the proposed office bldg. b. It is proposed to build a Sambos Restaurant on the northerly portion of the site adjacent to the Brooklyn Park commercial property. A purchase agreement for the restaurant exists pending the rezoning of the property. To accommodate this development, the Applicant has had to commit to purchase the existing 12 story frame dwelling presently surrounded by the ApplicantIs present ownership, which has increased the investment in the property. 12. The Applicant presented a model of the subject site as it is proposed to be developed and explained the proposal and answered questions. It was brought out during the discussions that a C-1 zoning would be adequate for the proposed office building, and that a C-2 zoning would be required for the proposed Sambos Restaurant. The Acting Chairman called for comments from the Creek Villa residents. The residents were unanimous in the following comments: i i i i Page 3 1. It would be preferred to have the proposed office building on the site rather than more townhouses (Wutschke). 2. There would be no opposition (Liveringhouse) from Creek Villa residents with a split zoning of the subject site and placement of the office building and the restaurant as depicted on the scale model. 3. For better control of traffic for each of the two proposed buildings, it would be urgently requested (Jeffries) to have no connection between the k n par i g lots as shown on the model. The Applicant stated he would have no objection to placing a 5 or 6 foot berm on the dividing line of the two sites including closing the driveway as shown connecting the two lots -- this would tend to cut down some on the noise factor and prevent "racing" in the parking lots, especially in late hours. 4. Would want (Liveringhouse) the 100 foot easement area and the triangular area south of the creek left in its present natural state, and that the parking lot for the office building to be kept off the easement area. The Acting Chairman then closed the public meeting and called for -statements from the Group; Terzich stated he had an interest in the transaction for the restaurant site and would not vote, but offered the following observations: In general he agreed with the comments made by the Applicant and also endorsed those statements made by the Creek Villa residents. He emphasized his opinion that Brooklyn Blvd. is heavily traveled with about 24,000 cars per day (1976 data) going past the site now and increasing in the future; the site is unique in many respects, and that the proposed office building and Sambos `restaurant are in keeping with the general commercial nature of Brooklyn Blvd. He was in favor of the split zoning as depicted on the scale model. Uhlenkott inquired on the status of the comprehensive plan and also clari- fication of the need for future housing as propounded by the Metropolitan Council. It was estimated that 36 to 40 townhouses could occupy a site of the size of the subject site. After some discussion, he stated he agreed with the Creek Villa residents that split zoning to provide the office building and restaurant as shown on the scale model would be a desirable development and would vote in favor of split zoning of the site. Carlson observed that he had a hand in developing the present Comprehensive Plan in the 1960's, and that in normal cases the Planning Commission would follow the Plan. However, after a period of time developments change and the Comprehensive Plan has to be changed on occasions. This is especially true of property along Brooklyn Blvd. Accordingly, Carlson voted in favor of split zoning as shown on the model plan, subject to compliance of the proposal to statements made by Creek Villa residents and requirements of the zoning ordinances Pe rtainin g to the respective classifications. Uhlenkott and Carlson voted in favor of the split zoning as desribed above. Commissioner Theis stated he would look into the need for providing future housing needs and the problem involved in split zoning as favored by the Group and the Creek Villa residents. Northwes Jeighborh da Advisory Group Louis Terzich, Mcy. it _PIC-Isc' or _—Shin g Creek k17 l _�_qy and COu _Road 10 I.ene-J r'L'':CriPt`1On of ----See attached 011MICr Linn L. Charlson and Charlson Research Foundation A ddir E!S S P.O. Box 299 , Excelsior, MN 55331 4'shOne i,10. 474-4173 A,,)r,l -cart Brauer & Associates , Ltd. Inc. Ad d r r,s S Eden Prairie, MN 55344 P N 941-1660 hone o. lype Of rR'-.'q")es-L: Rezoning __X Subd4lwis-iori Ai-mroval Variance Site E. ["Jdg P11-In Speci,91 Use Porp.,,-it Other: Descri p t 4 0 of Requesd.: Preliminary plat approval. 7 lots . Fee $ 32. 00 (\e-Ce*1p,�- INO. q7 ru- PLANNING HbiA! I UN P,- j d L tot of P.C. ConsiceraAR)j, : A "7 D day of 19 S U hj L k co ' C,rl s: C 1-1", '"ITY 'Pi!"("101JYN f'!`.NTFR' 6301 Shingle Creck Parkway 55430 FROCLOURES AND REQUIREMENTS FJR rILiNG APPLICATIOM FOR SIT F A& HILDING PLAH APPROVAL to of an applicatiob for klan review and aporaval , prospeativn applicants showid arrow an informational m2etlng ulth the Planning staff to discuss preliminary plans old to become familiarized with applicable ordinanca and policy provisions , Throe (3) copies of the following documents and information shall be subinitted at least 1.1 Qq pylon to the date of the regular Commission m2eting, concurrent with ffling—ThTAQW00- (r;qa ; ? Ed docbments mist be consistent with ordinance and policy provisions before an way be acc°ptpcl) : 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition , accurately dimensioned. .-,�n accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) dasigriations and locaticiiis of accessory buildings ; c) fences , walls or other screening, including heights and type of material ; d) outside lighting provisions, type and location; 0) Curbing. 3. * A landscape plan showing areas to be sodded A seeded; location, size and species of trees and shrubbery. W BuKdirg floor plans , elevations , sections and specifications, including materials proposed. 5.0 Existing and proposed land elevations , drainage provisions , and utVity provisions. 6. Ad0tional drawings , plans or information deemed necessary by the Wretary. *Must K picolred by a regiszered architect or person registered with the State Board of Regint-ation for Architects , Engineers and Land Surveyors , and said drawings/plans shall be so certified. ;J ii_:T: Upor: aperoval of plans by the Council and prior to issuance of permits , a Perfornonce Agreement an to approved sita improvements and a supporting financial guarantee, in an arount co by deurmined by the City, are required. ,n cepta,)le financial instruments include cash es Gran; certificate of depo-- -,, t; end .p(--.-, F.orm.ance bond. Copies cf the Zoning Ordinance may be obtained from the Administrative Office. be direcluod to the Department of Planning and inspection. P/1 Form r`t 19 t Planning Commission Information Sheet Application No. 79019 Applicant: Brauer and Associates Location: Northeast quadrant of County Road 10 and Shingle Creek Parkway Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval for an approximate 30 acre site located at the northeast quadrant of County Road 10 and Shingle Creek Parkway. The property is bounded on the west by Shingle Creek Parkway; on the south by County Road 10; and on the east by the parking lot of the Brookdale East Cinema I ,IL,III,IV Theater. The theater parking also abuts some of the site on the north with the balance of the northern boundary being abutted by !northwestern Bell Telephone Company. Your attention is directed to the April 12, 1979 Planning Commission minutes and Planning Commission information sheet for Application No. 79019. The parcel is proposed to be subdivided into three blocks, with Block 1 being 16.22 acres, Block 2, 8.8 acres and Block 3,4.22 acres . Block 1 will contain four lots ranging in size from 2.5 acres to 4.9 acres and a .49 acre Outlot. Block 1 is presently undeveloped and zoned C2. The subdivision is proposed for future development of this area and the projected uses are unknown at this time. Block 2 is currently occupied by Brookdale Ford and the boundaries have changed some- what as a result of acquisition of former NSP property by Brookdale Ford. Block 3, lying westerly of Shingle Creek Parkway and easterly of Shingle Creek, is City Open Space. Access to the lots in Block 1 would be accomplished by utilizing Shingle Creek Parkway, and by constructing a roadway in the center of the site which would terminate in a cul-de-sac at Lots 2 and 3. The proposal also envisions a median cut along Shingle Creek Parkway where the cul -de-sac roadway would be located. Proposed curb cuts are envisioned for right-turn-in and right-turn-out for Lots 1 and 4 which abut Shingle Creek Parkway. These access points would be close to the common property lines with Northwestern Bell on the north and Brookdale Ford on the south so that common use can be made of these curb cuts. The Planning Commission, following a lengthy discussion and a public hearing on April 12, 1979, tabled the matter and directed the staff to work with the affected property owners to determine if a better plan for the area could be realized. There was concern raised regarding the location of a proposed median cut adjacent to the proposed cul-de-sac. Such a location for a median cut would virtually eliminate any other median cuts along Shingle-Creek Parkway in this area. It is --- ' anticipated that the present median cut that services the Brookdale Ford site will be eliminated around the time that the Shingle Creek Parkway Interchange with I-94 is opened. Another median cut for Brookdale Ford would not be permitted because it would be located too close to the median cut servicing the proposed cul-de-sac. At the Planning Commission's direction, the City staff met with representatives of Brookdale Ford, the Rauenhorst Corporation (owner of the property on which the Northwestern Bell facility is located) , a representative of Brooklyn Center Industrial Park, representatives of Northwestern Bell Telephone Company on May 7 and May 17, 1979. At the May 7 meeting the .proposed plat was reviewed and persons in attendance wished additional time to review the matterofor possible negotiations for common roadways and median cuts that would serve all of the affected properties. At the May 17 meeting further discussions were held regard- ing the matter and that it seemed that a workable solution could be reached to address the matters of concern. 6-14-79 -1- q On May 25, 1979, I received a phone call from Michelle Foster of the Rauenhorst Corporation who informed me that Northwestern Bell is not interested in partici- pating financially to obtain a roadway and median cut at the north property line of the Charlson property. She indicated that Rauenhorst Corporation was, there- fore, not in a position to negotiate the matter further, and that they would be assuming their previous position of desiring a median cut in the area, but not wishing to dedicate right-of-way or participating the cost to reimburse the property owner for roadway dedication. The plat is, therefore, before the Commission as it was on April 12, 1979. The City staff has serious reservations about recommending the plat as submitted containing the proposed median cut along Shingle Creek Parkway. It is felt that if such a median cut were approved and installed, there would be no further opportunity to create median cuts that could be shared by abutting properties as well . Also, we have received no concrete development plans for the undeveloped C2 parcel owned by Mr. Charlson. It is therefore our recommendation to recom- mend approval of the plat minus any consideration for median cuts along Shingle Creek Parkway. The matter of median cuts would be reviewed in conjunction with development proposals and, hopefully, agreement as to common access for all parcels concerned can be reached. Approval of Application No. 79019 should be subject to at least the following conditions: 1 . The final plat is subject to the requirements of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 3. The final plat shall be revised to indicate no median cuts along Shingle Creek Parkway. Further consideration of median cuts will be given by the City at the time development proposals for the undeveloped parcels are submitted, with the understanding that it is the City's intention to provide, if possible, common access and median cuts to affected parcels. 6-14-79 -2- I Planning Commission Information Sheet Application No. 79019 Applicant: Brauer and Associates Location: Northeast Quadrant of County Road 10 and Shingle Creek Parkway Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval for an approximate 30 acre i site located at the northeast quadrant of County Road 10 and Shingle Creek Parkway. . The property is bounded on the west by Shingle Creek Parkway, on the south by County Road 10, and on the east by the parking lot of Brookdale East Cinema I, II, III, IV. The theater parking also abuts some of the site on the north with the balance of the northern boundary being abutted by Northwestern Bell Telephone Company. The parcel is proposed to be subdivided into three blocks with Block 1 being 16.22 acres, Block 2, 8.8 acres and Block 3, 4.22 acres. Block 1 will contain four lots ranging in size from 2.5 acres to 4.9 acres and a .49 acre Outlot. Block 1 is presently undeveloped and zoned C2. The subdivision is proposed for future de- velopment of this area and the projected uses are unknown at this time. Block 2 is currently occupied by Brookdale Ford and the boundaries have changed somewhat as a result of acquisition of former NSP property by Brookdale Ford. Block 3, lying westerly of Shingle Creek Parkway and easterly of Shingle Creek, is City open space. Access to the lots in Block 1 will be accomplished by utilizing Shingle Creek Parkway, County Road 10 and by constructing a roadway in the center of the site which would terminate in a cul-de-sac at Lots 2 and 3. The proposal also requires a median cut along Shingle Creek Parkway where the cul-de-sac roadway would be located. Proposed curb cuts are requested for right turn in and out for Lots 1 and 4 which abut Shingle Creek Parkway. The access points for these two curb cuts should be close to the common property line with Northwestern Bell and Brookdale Ford so that common use can be made of these access points. Presently along the east side of the plat, there is a 40 ft. roadway easement for Penn Avenue North. It has been requested that this half of Penn Avenue North be vacated and returned to the Charlson and Brookdale Ford properties . The other half of the Penn Avenue easement has been previously vacated and returned to the Cinema I, II, III, IV property. This roadway had serviced a nonconforming single family residential home situated in the northeast corner of the site. The home was demolished in June of 1978. The City Engineer will be prepared Thursday evening to comment further regarding the proposed preliminary plat. A public hearing has been scheduled and notices have been sent. Approval of the application should be subject to at least the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 4-12-79 CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 79051 Please Print Clearly or Type Street Location of Property 59th and John Martin Drive Legal Description of Property Tract N, RLS 1325 Owner Brooklyn Center Industrial Park Address 6100 Summit Drive Phone No. 561-7350 Applicant Same Address Phone No. Type of Request: Rezoning X Subdivision Approval Variance Site & Bldg Plan Approval Special Use Permit Other: Description of Request: Request to divid RLS 1325, Tract N into two lots for Berger Brothers and St. Louis Park Medical Center. Fee $ 27.00 Receipt No. y 71)", ' App Tcaptys Signature Date PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved X Denied this day of 19 subject to the follow- ing cond`1 ,'-",,ons-. Chairman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - rTTv rnilKIrTI ArTTr)Kl CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants should arrange an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the Trequired documents must be consistent with ordinance and policy provisions before an application may be accepted) : 10 A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fences , walls or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing, 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* Building floor plans, elevations, sections and specifications, including materials proposed, 5.* Existing and proposed land elevations, drainage provisions, and utility provisions . 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection. P/I Form No. 19 Planning Commission Information Sheet Application No. 79051 Applicant: Brooklyn Center Industrial Park Location: John Martin Drive, west of Perkins Restaurant Request: Subdivision Approval The applicant requests a subdivision of Tract N of R.L.S. No. 1325 into Tracts A and B of a new R.L.S. The land in question is located southerly of John Martin Drive, northwest of Perkins Restaurant, north of the new American Family Insurance Building, northeast of the Northwestern Bell property, southeast of State Farm Insurance and southwest of LaBelles. The proposed R.L.S. will create Tract A which would be 69,453 square feet and Tract B which would be 59,049 feet. Tract B is the site of a Berger Brothers Sporting Goods Store (recently approved by the City Council ) and Tract A is proposed for use by a St. Louis Park Medical Clinic. A common access agreement is proposed to serve both developments. Also, a 15' drainage easement exists along the southeast side of Tract B to provide drainage for the A.F.I .A. property to the south. The R.L.S. seems to be in oder and approval is recommended subject to the follow- ing conditions: 1 . The final R.L.S. is subject to review by the City Engineer. 2. The final R.L.S. is subject to the requirements of Chapter 15 of the City Ordinances. 3. A joint access agreement and a common driving agreement between the owners of Tracts A and B as approved by the City Engineer shall be filed with the title to the property. 4. A 15' drainage easement along the southeast property line for use by the property at 5901 John Martin Drive shall be filed with the title to the property. 3-16-79 CENTRAL PROPOSED ROADWAYS PROPOSED BRIDGES GARDEN % ,CITY ARK o P R7 0 SUMMIT 1 ORS CIA / -- �P X/ C2 01 P� Z 2 R7 �.�� o 0 C PPLICATION X10. �. ?, 79051 GRA P a d - _ --}— C2 R5 ',y DRIVE} C 2 r ROAD IG ` 57T V � r / • Q{TM AVE M X Previous File #78045 + �' CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 79039 Please Print Clearly or Type Street Location of Property James Circle No . Legal Description of Property Tract B, R.L.S . #1482 Files of Registrar of titles of Hennepin County Owner Mr Ems System, Inc. Address 1664 University Ave. St . Paul 55104 Phone No. 645-6473 Applicant Same as owner Address Phone No. Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit XX Other: See description below. Description of Request: One year extension of Special Use Permit and Site and Building Plan Approval , Brooklyn Center File #78045 Fee $ 15 .00 Mr Ems System, Inc . Receipt No. App icant s Signature Henry S . Kristal, President G Date PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved _ Denied this day of JAL, 19 1 P1, subject to the follow- ing conditions: Chairman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - rTTV r1)11K1e T1 nrTTnni CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL . Prior to submission of an application for plan review and approval , prospective applicants should arrange an informational meeting ith the Planning staff to discuss r 9 9 preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted, at least 14 ftas prior to the date of the regular Commission meeting, concurrent with filing the app] ci ation uired documents must be consistent with ordinance and policy provisions before an application may be accepted) : 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fences, walls or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* Building floor plans, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed land elevations, drainage provisions, and utility provisions. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection. P/I Form No. 19 Planning Commission Information Sheet Application No. 79039 Applicant: Embers Restaurants Location: James Circle Request: Extension of Site and Building Plan and Special Use Permit Approval The applicant requests extension of site and building plan and special use permit approval for a 172 seat Embers Restaurant to be located on James Circle, south of Freeway Boulevard (adjacent to and southerly of the bowling alley site) . The special use permit is required for a C2 use in the I-1 District as provided by Section 35-330 (3) (f) . Under the Zoning Ordinance, special uses which do not commence construction within one year of the date of Council approval , must apply for an extension. This application is in response to that requirement. The plans indicate 93 parking stalls, one more than required by the ordinance. The application was approved by the City Council on July 24, 1978. Since that time, Embers Restaurants has undertaken a redesign program to increase energy efficiency in its new and existing restaurants. The alterations will not alter the basic site plan or structural design; nor will they change the customer seating capacity or number of employees. (A letter from the applicant is attached for reference) . Approval of the application for extension is recommended subject to at least the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to current applicable codes prior to the issuance of permits. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. All conditions agreed to in the previous application are extended with approval of site and building plans and the special use permit. 7-12-79 Cz CE _ R5 .. SHINGLE CREEK PARKWAY R5 I1 s� — OPEN SPACE _ 3 Z BROOKLYN C Y HIGH SCH a > ,,L a MEW Y u Application No. 79039 U � e�VO FRE WAY BLVD. 6 � � r of r II1 C2 / � I ENTRAL ' // v -- // g4 W.B. -- PROPOSED ROADWAYS O �< PROPOSED BRIDGES 1� - Y R3 R7 Ii Z I �1• 3 „ o 1, M I � p CD SUMMIT OR��E W CIA -k Z P i - - - - - - - QP r R7 0 CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 79034 Please Print Clearly or Type Street Location of Property John Martin Drive Legal Description of Property Tract N; Registrated Land .Survey No. 1325; Hennepin County Owner - A partnership to be determined Address Phone No. Applicant M. A. Mortenson Company 250 Fremont Avenue North Address Minneapolis, Minnesota 55406 Phone No. (612) 377-2630 Type of Request: Rezoning Subdivision Approval Variance x Site & Bldg., P-ldn Approval Special Use Permit Other: Description of Request: ............. Fee $ 25.00 M. MORT �NSON COMPANY 50993 -:, "", _/ E(Y: Receipt No. 7 jr .f 4 ant's Signature May 31.L 1-9-73- Date PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved - Denied this day of 19 subject to the follow- ing cond-' ,,Ions,. Chairman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . rTTv rni1NrT1 arTTnN CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants should arrange an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the Trequired documents must be consistent with ordinance and policy provisions before an application may be accepted) : 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan indicating: a) parking layouts including access provisions; b) designations and locations of accessory buildings; c) fences , walls or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* Building floor plans, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed land elevations, drainage provisions, and utility provisions. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits , a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection. P/I Form No. 19 CI?Y OF BROOKLYN CENTER PLANNING COMMISSION ZO.NING APPLICATION Appl ic;anon tJa. ._.Z90IlZ_____ Please Print Clearly or Type_ Street Locat 4on c� Property _ Quar71-.q rrirlp___ Legal Description of Property - West Portion,Qutlot H, Twin Cities Interchange ParkY Cw,,ner _ Brooklyn Center industrial Park, Inc. Address 6100 Summit Drive North Phone i`10• 561-7350 Applicant Brooklyn Center Indsstrial Park Inc. -AddreSS 6100 Summit Drive —� Phone No. 561-7350 Type of Request: _ x_ Rezoning $75.00 Subdivision Approval Variance _ Site & Bldci, Plan Approval Special Use Permit Other: Description of Requesi: We are requesting a rezoning of the north side of proposed Quarles Circle be rezoned from R-1 to R-2. The subject property is the remaining 3 acres of a 10 acre parcel after the Highway Department taking. The.property abutts the Garden City Addition on the south and Interstate 94/694 on the north. The rezoninE_P.Lo osal is for the nroperty that abutts the Interstate not the property along the single family areas Fee $ 75.00 Receipt No, 50246 Applicants Signature -� ;2-Z�� Z!79— Da to PLANNING COMMISSION RECOMME NDATION Dates of P.C. Con>:-deration: Approved l d this J day of 19 subject to the follow- ing cond' t ons: - C a rii.an — - -----_.__� CITY OF BROOKLYN CENTER, MINNESOTA 6301. Shingle Creek -Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BU[i_.DING PLAN APPROVAL Prior to submission of an application for plan review and approval , prospective applicants Should arrange an informational meeting with the Planning staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Three (3) copies of the following documents and information shall be submitted , at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application ;required documents must be consistent with ordinance and policy provisions before an application may be accepted) : 1. A certified site survey .drawing by a registered engineer or- land surveyor showing pertinent existing condition, accurately dimensioned. 2.* An accurately scaled and dimensioned site plan in&:cating: a) park-!ng layouts including access provisions; . b) designations and locations of accessory buildings; c) fences , walls. or other screening, including heights and type of material ; d) outside lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. 4.* Building floor plants, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed lard elevations, drainage provisions , and utility provisions. 6. Additz,,nal drawings, plans or information deemed necessary by the Secretary. "Must be prepared by a regis.tored architect or person registered with the State Board of RegistYation for Architects, Engineers and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits , a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be deterrilned by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection. P/I Form No. 19 r A city street (assume Quarles Circle) will be put in and the seperation of R-1 and R-2 is logical as proposed. We have two offers to purchase the land after the proposed subdivision and rezoning. Both have stated that doubles or R-2 along the Interstate is much more desireable, because selling a single family home along any Interstate Highway is extremely difficult. Factors contributing to the undesireability other than the obvious one are lack of sound barriers, and the uncertainity of the land use once the Xerxes Avenue exit ramp is closed. Sound barriers are not scheduled to be put on any land owned by BCIP and to request barriers at this point and expect to get them is virtually impossible. Six single family lots and four R-2 (duplex) lots are proposed. A 10 foot walkway/pathway between the R-1 and R-2 section is proposed, this not only provides a slight buffer but also gives access to the city park east of the subject property without disturbing a residences' property. 11 single family lots will fit on the subject property. 000 ® o A& 0 ERRLE BROwn FRRM ° ° 0 ° ° COMMERCIRLEAnDUSTRIRLPRRK 6100 SUMMIT DRIVE NORTH MINNEAPOLIS, MINNESOTA 55430 PHONE 561-7350 April 10, 1979 Mr. Ron warren City of Brooklyn Center Planning Commission Department 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 l 1 Re: -R !9 Property, Xerxes Avenue & Shingle Creek Parkway Earle Brown Commercial and Industrial Development Dear Ron: This is to advise you that we are withdrawing our Planning Commission Application No. 79007 for the rezoning of said property. Please call me if you have questions. Sincerely, L.A. Beisner, Vice President/Director of Development LAB:rsj Planning Commission Information Sheet Application No. 79007 Applicant: Brooklyn Center Industrial Park, Inc. Location: Northern half of an approximate 3 acre parcel located adjacent to and easterly of ;:erxes Avenue North, south of Interstate 94. Request: Rezoning The applicant is requesting a rezoning from R1 (Single Family Residential ) to R2 (Two Family Residential ) of the northern portion of an approximate 3 acre site located adjacent to and easterly of Xerxes Avenue, south of the freeway. The area is bounded on the west by Xerxes Avenue North, on the north by the freeway ramps, on the east by City Park property and on the south by single family resi- dential lots that face 65th Avenue North. The subject property is 3 acres of a 10 acre parcel that was part of highway right-of-way. The Highway Department no longer has need for the property and the City has obtained the 7 acres to the east of this site and plans to incorporate it into its Central Park plans . The applicant eventually proposes to subdivide the 3 acre site which would be serviced by a cul -de-sac leading from Xerxes Ave. North. He proposes to retain R-1 zoning for approximately 6 single family lots that would lie southerly of the cul -de-sac and would back up against the already existing single family lots facing 65th Avenue North. He is proposing the R2 zoning to accommodate about 4 two family lots on the north side of the cul -de-sac that would presently back up against the freeway ramps . The applicant has indicated his desire for the rezoning because selling single family homes along an interstate highway is extremely difficult. He notes the undesirability of living backed up against a freeway, the lack of noise barriers in the area and the uncertainty of the land use once the Xerxes Avenue exit ramps are closed as factors supporting the rezoning request. The Commission should pay particular attention to the Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208 of the City Ordinances . (attached) The Commission should also concern itself with what type of precedent it might be setting if it were to approve this rezoning request. An approval of such a re- zoning would mean that similar proposals for R2 or other multiple family rezonings, particular along the freeway, or other highway right-of-way property, would be in order. It should also be noted that the City is giving serious consideration to acquiring highway right-of-way property when the exit ramps off Xerxes Ave. are abated by MN/DOT. The intention would be to berm this area and provide a pedestrian/bikeway access into the Central Park from Xerxes Avenue. This would also alleviate the concerns expressed by the applicant about having single family homes abut the freeway. The acquisition of this property by the City would provide an adequate buffer between the area and the freeway. It is felt that the rezoning proposal does not seem to demonstrate merit beyond the interest of the owner in question. It is also felt that this area could be potentially viable for single family residential development in its entirety. The Planning Commission, after holding a public hearing, has traditionally re- ferred all rezoning requests to the affected neighborhood advisory group. It is recommended that the Planning Commission table the request and refer it to the Central Neighborhood Advisory Group for further review and comment. 3-15-79