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HomeMy WebLinkAbout1981 04-23 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 23, 1981 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman William Hawes at 7 : 37 p.m. ROLL CALL Chairman William Hawes, Commissioners Molly Malecki , Richard Theis, George Lucht, Mary Simmons and Lowell Ainas. Also present were Director of Planning and Inspections Ronald Warren, Assistant City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - April 9 , 1981 The Secretary noted that the statement on page 4 of the minutes re- garding special assessments by Mr. Beisner was incorrect and sug- gested that it be stricken from the minutes. Motion by Commissioner Lucht seconded by Commissioner Malecki to approve the minutes of the April 9, 1981 meeting as corrected. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis , Lucht, Simmons and Ainas. Voting against: none. The motion passed. Commissioner Manson arrived at 7 : 39 p.m. APPLICATION NOS. 81020 and 81021 (Brooklyn Development Company) Following the Chairman' s explanation, the Secretary introduced the first item of business, a request for preliminary plat and site and building plan approval to develop a 100 unit townhouse complex on the property east of "Old" Xerxes , south of Shingle Creek Parkway and north of I-94 . The Secretary first reviewed the staff report for the Preliminary Plat Application No. 81020 (See Planning Com- mission Information Sheet No. 81020 attached) . He also explained that additional right-of-way for Shingle Creek Parkway is properly indicated on a recently submitted survey for the preliminary plat. He also stated that the staff had discussed with the applicant, possible problems involving the sequencing of the outlots and ex- plained that this is really a matter for the applicant to work out with the County. The Secretary also explained that each phase of the townhouse development would require a new plat, inasmuch as those phases are presently platted as outlots and are by definition. unbuildable at present. He went on to state that the application for the site plan approval comprehends approval of a master plan for the entire townhouse development. He explained, however, that the site improvements for each individual phase would be guaranteed by a separate site bond so that as the site work for a given phase is completed the bond for that phase may be released entirely rather than held for a lengthy period of time until the entire project is completed. Commissioner Simmons asked whether it was necessary to match the sequencing of the outlots with the sequencing of the construction phases for the townhouse development. The Secretary answered that was not necessary. Chairman Hawes asked whether the proposed Free- way Boulevard would be a City street. The Secretary answered in the affirmative. In regard to another question from Chairman Hawes 4-23-81 -1- regarding sidewalk, the Assistant City Engineer stated that the proposed location would be the north side of Freeway Boulevard. Commissioner Theis asked why it would not be more appropriate to place the sidewalk on the south, or residential side of Freeway Boulevard. The Assistant City Engineer answered that sidewalks are generally put on the commercial side of any street to reduce the cost of developing residential subdivisions. Commissioner Theis noted that the sidewalk would be more frequently used by residents than commercial customers. Commissioner Manson pointed out that the sidewalk on Freeway Boulevard, east of Xerxes, is on the north side of the street and, therefore, it would be consistent to put. the new sidewalk on the north side of Freeway Boulevard, west of Xerxes Avenue North. The Assistant City Engineer concluded by saying that this matter could be reviewed further to arrive at the most beneficial solution. Chairman Hawes asked whether the driveways off Freeway Boulevard serving the proposed Cl development would be opposite the drive- ways serving the townhouse development to the west. The Secretary responded that the location of driveways for a Cl development, if the property is rezoned, would be evaluated at the time a site plan for that development is submitted. Commissioner Theis noted that there were open spaces around each of the individual townhouse units and questioned their purpose. Mr. Beisner, the representative for Brooklyn Development Company responded that these areas were to allow for human error in locating the units in relation to their proposed location on the preliminary plat. Commissioner Theis countered that this would be useless for the interior townhouse units. Mr. Beisner answered that the final plat would be revised entirely to reflect the existing conditions once construction was completed and the exact location of the town- house units can be determined. Commissioner Theis asked whether, in the final analysis , people' s individual plots of land around their townhouses would be diminished at the time of the final plat. Mr. Beisner responded in the negative. Commissioner Lucht asked whether the Homeowners Association By-laws would be expanded to include future phases of the townhouse develop- ment. The Secretary responded that this was the assumption of staff in recommending approval of the plat. Chairman Hawes asked whether new homeowners would have any say in the form the Association By-laws would take. The Secretary answered that the Homeowners Association agreements can always be revised. He explained that those agreements cover the responsibility of the Association for maintenance of common areas and control over such things as the painting of individual units, etc. Chairman Hawes asked whether each phase would have its own by- laws. The Secretary answered that only one set of by-laws would apply to the entire townhouse development and that the Association would have the authority to levy dues for 'common expenses and to assess for improvements to individual properties. Commissioner Theis noted that Lot 1, Block 1, of the preliminary plat for the Earle Brown Farm Estates First Addition. was designated "fu- ture commercial" . He asked whether this had any binding effect in terms of the rezoning request. The Secretary responded in the nega- tive and added that the final plat would show no such explanatory material. 4-23-81 -2- APPLICATION NO. 81021 (Brooklyn Development Company - site plan) The Secretary next reviewed the staff report relating to the re- quest for site and building plan approval (See Planning Commission Information Sheet for Application No. 81021 attached) . He added that there will be a number of optional features for each townhouse unit including double garages. He noted that abutment between R3 zoned property and Rl zoned property exists on the west side of townhouse development, south of 67th Avenue North. He explained that in this area, a four foot high opaque screening device would be required. He noted that the plan calls for Russian Olive trees to be planted in this area and the applicant was requesting this type of screening treatment as an appropriate substitute. Commissioner Theis discussed with the Assistant City Engineer, the holding ponds to be provided on the site. The Assistant City Engineer explained that they are not simply to be decorative, but rather will serve as a functional drainage purpose during a heavy rainfall. The Assistant City Engineer went on to discuss the drainage system for the townhouse development which is connected ultimately to storm sewer in Freeway Boulevard. Mr. Beisner, representing Brooklyn Development Company, explained that the deeper holding pond would not drain out completely, but that under normal circumstances they would drain to a level which would not be a hazard for young children. The Secretary noted that the drainage and grading plan shows curb and gutter in some areas. He stated that it was recommended that the curb and gutter be wrapped further around the driveways rather than to be abruptly stopped as indicated on the plans. The Planning Commission,,concurred with this recommendation and noted that the plans should be. modified. Commissioner Theis asked what would be provided between the town- houses and the driveways of the individual units. The Secretary answered that sod would be provided between the individual drive- ways and that in the area between the individual townhouse units, crushed rock with decorative plantings was proposed. There ensued a discussion regarding the public sidewalk easement through the townhouse development. The Assistant City Engineer explained that the location of the sidewalk and of the drainage swail in the south and westerly portion of the site are inter- related and subject to change upon further evaluation. The dis- cussion continued regarding the optimal location of the public sidewalk easement given the current uncertainties. Commissioner Theis brought up the needs of the residents along 67th Avenue North who might wish to use the sidewalk through the townhouse development. The Secretary responded that the future pedestrian paths through the townhouse development cannot be predicted at this time. Commissioner Simmons and the Planning Assistant both pointed out that the discussion had ranged extensively into details of the master plan which might be subject to change or modification at a later date and to further evaluation. They suggested that the primary concern of the Planning Commission at this point should be to evaluate phase one since approval of that part of the develop- ment would be final. Commissioner Theis stated that the plans for phase one looked acceptable to him. 4-23-81 -3- There was a brief discussion regarding the proposal by the developer to use a depressed curb along a portion of the roadway to allow drainage off the roadway within the development to holding pond areas. The Assistant City Engineer stated that staff would discuss whether this was an appropriate method with the developer prior to the issuance of permits. PUBLIC HEARING Chairman Hawes opened the meeting for purposes of a public hearing and recognized Mr. Beisner, who addressed the concern of the Plan- ning Commission regarding why the Earle Brown Patio Homes to the northwest had not become a successful development. He explained that the land in question is owned by Mr. Cy Sheehy, who is a com- mercial and industrial builder. Due to Mr. Sheehy's inexperience with this type of construction, he went on, there were some cost overruns even in the initial stage of the development and Mr. Sheehy simply did not complete the project. Commissioner Simmons asked why Mr. Sheehy had not simply sold the excess land. Mr. Beisner speculated that the price for the land may have been too high and also that it would be difficult to split the land off from the existing eight townhouse units, since it was subject to Homeowners Association agreements. The subject changed to the sidewalk along Freeway Boulevard. Mr. Beisner stated that there were conflicting concerns between the de- sire to provide public access and privacy for townhouse residents. He stated that his own preference is to make the sidewalk less con- venient for bike traffic, but acceptable as a walkway. Commissioner Simmons stated that, since most of the pedestrians using the sidewalk, would be townhouse residents , it did not seem logical for the sidewalk to be located on the north side of' Free- way Boulevard. Mr. Beisner answered that there is no specific ad- vantage to providing the sidewalk on the south side of Freeway Boulevard since pedestrians will eventually have to cross to the north side of Freeway Boulevard to go to east of Xerxes Avenue North. Commissioner Simmons noted that it would be more convenient to cross Freeway Boulevard at the intersection of Xerxes and Freeway Boulevard rather than at some minor intersection to the west. Mr. Beisner commented that people would have to cross Freeway Boule- vard at some point and that generally residents do not appreciate pedestrians walking along a sidewalk in their back yard, which would be the case were the sidewalk located on the south side. of Freeway Boulevard. Commissioner Simmons noted in turn that there is berming proposed between those townhouses and sidewalks. Mr. Beisner said that the location of the sidewalk, like so many other aspects of the development, is a result of many compromises. Chairman Hawes stated his opinion that pedestrian traffic must cross Freeway Boule- vard at some point and that the best place is the intersection of Xerxes and Freeway Boulevard. There followed a continued lengthy discussion of location of the public sidewalk along Freeway Boulevard. There was a brief discussion regarding the landscape plan. Com- missioner Theis noted that the previous landscape plan had provided four to six foot berms and that now all berms have been reduced to four feet. He questioned this change. The Secretary explained that on the west side of the development there was little point in providing high berms because of the downward grade from west to east 4-23-81 -4- in that area, the drainage pattern, and the power lines overhead which would limit the height of any vegetation in the area. Chairman Hawes recognized Mr. Ron Stave of the Brooklyn Center School District, who stated that he looks forward to the comple- tion of the development in that it will provide new students for the school district. In answer to a question from Chairman Hawes regarding the location of the sidewalk, Mr. Stave from the Brooklyn Center School District stated he had no preference regarding the location of the sidewalk. There was a brief discussion regarding the liability for paying for the sidewalk through the area. Mr. Beisner pointed out that one of his concerns was to shift the cost of the sidewalk to the Cl property by placing it along the north side of Freeway Boulevard. The Assistant City Engineer noted that the sidewalk through the easement area in the townhouse development would be paid for by the City. Commissioner Lucht suggested that the location of the sidewalk be discussed further by the Northwest Neighborhood Advisory Group when they review the rezoning request under Application No. 81022 . During a brief discussion of the sequence of construction, Mr. Beisner pointed out that financing for any townhouse units would not be available until the roadway is actually approved by the City for construction. CLOSE PUBLIC HEARING Following a brief discussion of the color of the units and marketing of the project, there was a motion by Commissioner Lucht seconded by Commissioner Yialecki to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 81020 (Brooklyn Development Company) Motion by Commissioner Lucht seconded by Commissioner Manson to recommend approval of Application No. 81020 , subject to the follow- ing conditions : 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Homeowners Association documents for Phase 1 are subject to approval by the City Attorney prior to final plat approval. 4. The preliminary plat shall be revised prior to consideration by the City Council to in- dicate a public sidewalk easement in the appropriate location; and a water main ease- ment in the appropriate location as determined by the City Engineer. Voting in favor: Chairman Hawes , Commissioners Malecki, Theis , Manson, Lucht, Simmons and Ainas. The motion passed unanimously. 4-23-81 --5- ACTION RECOMMENDING APPROVAL OF APPLICATION NO-. 81021 (Brooklyn Development Company) Motion by Commissioner Theis seconded by Commissioner Malecki to recommend approval of Application No. 81021, site and building plan approval for phase one of the Earle Brown Farm Estates town- house development, subject to the following conditions : 1. Building Plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements for Phase 1 prior to the issuance of building permits. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plan. 6 . Plan approval acknowledges a Master Plan- for all phases of the Earle Brown Farm Estates townhouse project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 7. The developer shall take adequate measures to control dust and debris during construction. A viable turf shall be established and main- tained in areas subject to future development. 8. There shall be one Homeowners Association agreement to include all subsequent phases at . the time of their approval. 9 . Plan approval acknowledges a public sidewalk easement through the development; the location to be determined at a future time and input is requested from the Northwest Neighborhood Advisory Group. 10. Public sidewalk shall be provided on the south side of Freeway Boulevard in the area between Shingle Creek Parkway and Xerxes Avenue North. Voting in favor: Chairman Hawes, Commissioners Malecki, Theis, Manson, Lucht, Simmons and Ainas . The motion passed unanimously. 4-23-81 -6- ADJOURNMENT There nee g no other business for the meeting, there was a motion by Commissioner Manson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unani- mously. The Planning Commission adjourned at 10 :07 p.m. i rinan 4-23-81 -7- 1