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HomeMy WebLinkAbout1991 04-14 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 14, 1991 REGULAR SESSION CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Johnson was out of town and was excused. APPROVAL OF MINUTES - January 31, 1991 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the January 31, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Mann and Holmes. Voting against: none. Not voting: Commissioners Bernards and Ainas. APPLICATION NOS. 91003 AND 91004 (Frances Lunacek) Following the Chairpersons's explanation, the Secretary introduced the first two items of business, a request to rezone from R5 to R1 a 41 ' x 132 ' strip of land belonging to the property at 5211 Xerxes Avenue North and a request for preliminary plat approval to transfer the 41' x 132 ' strip of land from the property at 5211 Xerxes to the property at 5201 Xerxes Avenue North. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 91003 and 91004 attached) . Commissioner Sander arrives at 7: 39 p.m. Chairperson Malecki asked whether the fence would stay and whether it would be on the R1 or R5 property. The Secretary answered that the property line would basically follow the fence line. He stated that he would recommend that it be on the R5 property since it appears to belong to the complex. In response to another question from Chairperson Malecki, the Secretary stated that the property line could be moved slightly to keep the fence on the R5 property. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Steve Graffunder, an attorney representing Frances Lunacek, stated that he had nothing to add and would answer questions of the Commission. In response to a question from Chairperson Malecki regarding the fence, Mr. Graf funder stated that 2-14-91 1 he thought the fence should be on the R1 property. The Secretary noted that, on the other two lots with 12 unit buildings, the fence continues on the apartment property. He suggested that it might be more appropriate for the fence to be on the apartment property since it seems to have served as a security fence for the apartments in the past. Commissioner Bernards asked whether the apartment dwellers have used the vacant land that is the subject of the rezoning. Mr. Graffunder responded in the negative. He stated that the land had always been used by Mrs. Lunacek as part of her single family property. Commissioner Bernards stated that open area for apartments has been a concern of the Commission recently. He asked whether the apartment building at 5211 Xerxes Avenue North would stand on its own as far as land area is concerned. The Secretary responded in the affirmative. A Commissioner Ainas stated that he believed the application was so minor that it did not have to go to a neighborhood advisory group. PUBLIC HEARING (Application Nos. 91003 and 91004) Chairperson Malecki then opened the meeting for a public hearing on both the rezoning application and the preliminary plat application and asked whether anyone present wished to speak regarding those applications. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Mann to close the public hearing on Application Nos. 91003 and 91004. The motion passed unanimously. Commissioner Holmes asked whether a separate condition was needed as far as the fence. The Secretary stated that he did not think a condition was really necessary at all and that the fence is really a civil matter between the single family property and the apartment property. Commissioner Bernards asked whether there was any need to refer, in the resolution recommending approval, to the fact that the application was not being referred to the neighborhood group. The Secretary stated that he felt that the comments of Commissioner Ainas were sufficient. RESOLUTION NO. 91-3 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 91003 SUBMITTED BY FRANCES LUNACEK The motion for the adoption of the foregoing resolution was duly seconded by member Lowell Ainas, and the motion passed unanimously. 2-14-91 2 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 91004 (Frances Lunacek) Motion by Commissioner Mann seconded by Commissioner Ainas to recommend approval of Application No. 91004, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3 . Approval of Application No. 91004 is subject to approval of rezoning Application No. 91003 . Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas Mann and Holmes. Voting against: none. The motion passed. Mr. Louis Sullivan, of the Southeast Neighborhood Advisory Group then spoke briefly to the Commission. He stated simply that the application had been well presented. OTHER BUSINESS a) Comprehensive Plan Amendment The Secretary then explained the next item of business to the Commission, a Comprehensive Plan Amendment regarding the I-2 area of land in the southwest portion of the City. He noted that a planned unit development was sought by Twin View Development, Inc. under Application No. 90028 and that that application is before the City Council. He noted that the City's PUD Ordinance requires that a PUD be in an area designated for redevelopment. He explained that the amendment would be to Figure 15 and Table 14 concerning Area 118 which would include all of the area of land in the I-2 zone within the City. The Secretary stated that it would be necessary to amend the Plan in the future when there may be other redevelopments that involve planned unit developments. He stated that he would recommend approval of the Plan Amendment even if the Twin View Development, Inc. rezoning were denied. He then reviewed the draft resolution point by point with the Commission. Chairperson Malecki asked whether the land would still be zoned I-2 after the Plan Amendment. The Planner responded in the affirmative and noted that rezoning of the land is a separate action. Chairperson Malecki asked whether the staff could steer developers towards some alternate use other than I-2 in this area. The Secretary responded that the Planned Unit Development Ordinance could be used to allow for certain variances in the design of a 2-14-91 3 project, but that if the City does not want an industrial use or the underlying zoning of the property, it could change the zoning to something else. He stated that one area of likely change in the future was the Joslyn property south of the Soo Line tracks. He stated that a Planned Unit Development on that property might comprehend both some industrial use and some open space use or other land use. PUBLIC HEARING (Comprehensive Plan Amendment) Chairperson Malecki then opened the meeting for a public hearing and asked Mr. Rick Hartmann who was the only one present whether he wished to comment on the Plan Amendment. Mr. Hartmann declined. Chairperson Malecki then called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sander to close the public hearing regarding the Comprehensive Plan Amendment. The motion passed unanimously. RESOLUTION NO. 91-2 Member Lowell Ainas introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED IN THE I-2 ZONING DISTRICT The motion for the foregoing resolution was duly seconded by Member Ella Sander and the motion passed unanimously. DISCUSSION ITEMS a) Flood Plain Ordinance The Secretary then referred the Commission's attention to an attached Flood Plain Ordinance. He noted that this ordinance was considered by the Commission about a year ago, but had not been acted on by the City Council. He reviewed some of the changes in the new model Flood Plain Ordinance and in the version drafted for consideration by the Planning Commission. He pointed out that the definitions in Section 35-900 would be ones which would be applicable to the entire ordinance, whereas definitions in Section 35-2120 would be those which were specific to the Flood Plain portion of the ordinance. Commissioner Ainas asked whether the Commission would have more time to review the ordinance or whether action was recommended this evening. The Secretary stated that it was up to the Commission. Commissioner Ainas stated that he had had dealings with the DNR regarding the new model ordinance and that he was ready to recommend approval of the draft ordinance this evening. 2-14-91 4 Commissioner Bernards asked how the new ordinance would affect the Twin View Development at 51st and France Avenues North and the proposed townhouse development by Mr. Charles Thompson. The Secretary answered that there would not be a significant impact on those developments. The Planner pointed out that the new ordinance clarifies some of the language of the old ordinance and makes some additions, but that the provisions are basically the same. He noted the requirement that finished grade be at least at or above the 100 year flood elevation for 15 ft. out from the building. He noted that Mr. Thompson's proposal did not comply with that, but that the requirement was the same under the old ordinance and the new ordinance. ACTION RECOMMENDING APPROVAL OF REVISED FLOOD PLAIN ORDINANCE Motion by Commissioner Ainas seconded by Commissioner Bernards to recommend approval of a revised Flood Plain Ordinance. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Mann and Holmes. Voting against: none. The motion passed. ADJOURNMENT Following a brief discussion of upcoming business items for the February 28, 1991 meeting, there was a motion by Commissioner Sander seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:44 p.m. Chairperson 2-14-91 5 1 1