HomeMy WebLinkAbout1984 02-16 PCM MINUTES OF THE PROCEEDIr!GS OF THE PLANNING COMMISSION
OF THE CITY OF BROOrLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 16,1984
CITY HALL
CALL TO ORDER
The Planning Commission was called to order by Chairman George Lucht at 7:35 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Molly Malecki, Mary Simmons, Lowell Ainas,
Carl Sandstrom, and Mike Nelson. Also present were Director of Planning and
Inspection Ronald Warren, Assistant City Engineer James Grube and Planning
Assistant Gary Shallcross.
APPROVAL OF MINUTES --JANUARY 12, 1984
Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the
minutes of the January 12, 1984 Planning Commission meeting as submitted. Voting
in favor: Chairman Lucht, Commissioners Malecki, Simmons, Ainas, Sandstrom and
Nelson. Voting against: none. The motion passed.
APPLICATION NOS. 84001 AND 84002 (Reynolds Homes, Inc.)
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request for site and building plan and preliminary plat approval for a 28
unit townhouse development on the old Madsen Floral property and the excess back
yards of four neighboring lots. The Secretary reviewed the contents of the staff
report (see Planning Commission Information Sheet for Application Nos. 84001 and
84002 attached). The Secretary briefly reviewed with the Commission some of the
history of the development proposal. He explained that the application was tabled
at the January 12 meeting to allow people in the neighborhood a chance to react to the
plans in light of the agreement between the neighbors and the property owners. He
explained that the plan approval would acknowledge a density credit for one
townhouse unit and briefly explained the provisions in the ordinance for such
density credit. He reviewed the conditions of approval recommended by staff and
reviewed the plat and site plan layout on an overhead projector.
Chairman Lucht asked the applicant whether he had anything to add. Mr. Reynolds
responded that he had nothing to add to the staff report. The Secretary added that
the Planning Commission had asked that the plans be modified to diversify the 6"
diameter trees along the central driveway so that they would not all be Ash trees.
Conmissioner Sandstrom asked what was wrong with Ash trees. Chairman Lucht
explained that Ash trees were alright but that the likelihood of survival of the
trees would be enhanced if various species,were used as opposed to all of one specie.
PUBLIC HEARING (APPLICATION NO. 84002)
Chairman Lucht then opened the meeting for a public hearing and asked whether anyone
present wished to speak on the application. He asked whether people had attended
the meetings that were held to review the development proposal and whether the
neighbors were satisfied. Still there was no comment from anyone present.
Hearing none, he called for a motion to close the public hearing.
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CLOSE PUBLIC HEARING
Motion by Commissioner Malecki seconded by Commissioner Ainas to close the public
hearing. The motion passed unanimously.
Chairman Lucht then asked the Planning Commission if they had any comments regarding
the development proposal. Commissioner Simmons read the following statement and
asked that it be entered in the record:
"Five years ago the City Council granted Art Kvamme and his
associates an R-3 rezoning of their property, based almost
entirely on a legal agreement which had been arranged between the
Kvamme group and the homeowners (called "Neighbors") within a 350-
foot distance of the property in question.
After many false starts, and three years after the City could have
rescinded the rezoning if it had chosen to do so, Mr. Kvare and
Reynolds Builders have finally come up with a serious development
plan.
This plan in several important ways violates the contract agreed
upon five years ago. But over those five years, the property
owned by the "Neighbors" has changed hands, and certainly some
minds have been changed as well
Five years ago I became the unofficial spokesmen for the concerned
"Neighbors." From force of habit, I have continued to represent
the viewpoint of concerned neighbors during the past year, and
Brooklyn Center staff members have continued to expect me to
represent these neighbors' interests.
The fact is, though, that my own personal interest in that
development has waned over the years. I can't see the planned
development from my windows, and I doubt that the noise from. the
development will bother me.
Several weeks ago I distributed copies of the five-year-old
agreement to 17 neighbors whose property abuts or faces the
planned development, on the theory that they will be most directly
affected and should be involved in any discussion or negotiation
with the developers. Later I arranged for all interested
"Neighbors" within 350 feet to meet to study the Kvamme/Reynolds
plans and to decide among themselves what, if anything, they
wanted to do to protect their interests. I made a point of not
attending that meeting, because the whole purpose of it was to let
the people most directly concerned decide for themselves what they
wanted to do.
At that meeting, the "Neighbors" are reported to have decided not
to do anything to represent themselves in dealings with the
developers. That decision frees we to turn my attention to other
matters of more direct concern to me.
I will not, however, vote to approve this application, because the
plans submitted do not conform with the agreement upon which the
City Council's original rezoning was based."
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Following her statenent, Commissioner Simmons stated that she would not vote on the
application.
Commissioner Sandstrom stated that one of his concerns had been lighting and that
that seems to have been taken care of with the revised landscape and lighting plans.
Chairman Lucht explained to those present that the trees on the landscape plan are
shown at the size that they will reach at a mature growth and that they would not
initially be that large. He stated that the plant materials that were proposed in
the landscape plan were good and that when they grow, they will accomplish the
screening that is called for in the ordinance. Commissioner Simmons noted that Mr.
Beck, who lives at 5507 Camden Avenue North, had expressed previously a preference
for a fence. Chairman Lucht recognized Mr. Beck. Mr. Beck stated that he did, in
fact, prefer a fence. The Secretary stated that the plan could be revised to
provide fencing in that area.
ACTION RECO"ENDING APPROVAL OF APPUCATION NOS. 84001 (Reynolds Homes, Inc.)
Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend
approval of Application No. 84001, 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, utility and berming„ plans are subject to
review and approval by the City Engineer, prior to the
issuance of permits.
3. A site performance agreement and supporting financial
guarantee (in in amount to be determined by the City Manager)
shall be submitted prior to the issuance of permits to assure
completion of approved site improvements.
4. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
5. Plan approval is exclusive of all siry which is subject to
Chapter 34 of the City Ordinances.
6. B612 curb and gutter shall be provided around all common
parking and driving areas.
7. No building permits shall be issued for the project until the
plat comprehended under Application i . 84002 has been given
final approval by the City Council and filed at the County.
8. Plan approval acknowledges the proposed landscape treatment
as fulfilling the intent of the Zoning Ordinance requirement
for 4' high opaque screening where are R3 development abuts Rl
zoned land.
9. As-built surveys of all utility installations in the project
shall be submitted prior to release of the performance
guarantee.
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10. Plan approval acknowledges a density credit for one townhouse
unit as a result of the under building parking provided (per
Section 35-400, Subdivision 1(b) of the Zoning Ordinance) to
allow no more than 28 townhouse units on this 3.35 acre site.
11 . The landscape plan shall be revised to provide fencing
adjacent to 5507 Camden Avenue North and to diversify the 6"
diameter trees in the project.
Voting in *favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom and
Nelson. Voting against: none. Not voting: Commissioner Simmons. The motion
passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84002 (Reynolds Homes, Inc.)
Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend
approval of Application No. 84002, 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.
I. The owner of the townhouse portion of the plat shall enter into
a utility hookup agreement for water and sewer service to the
townhouse project prior to final plat approval.
4. The Association documents for the townhouse development shall
be subject to review and approval by the City Attorney prior to
final plat approval.
5. The owner shall enter into a standard utility maintenance
agreement with the City as approved by the City Engineer prior
to final plat approval.
6. The plat shall be revised to indicate utility and drainage
easements as required by the City Engineer to provide
necessary service to the subdivision.
Voting in favor: Chairman Lucht, Commissioners Malecki, Ainas, Sandstrom and
Nelson. Voting against: none. Not voting: Commissioners Simmons. The motion
passed.
The Secretary explained to the Commission that it had an application for a home
occupation and he recommended that the Commission consider that application at its
March 1 Planning Commission meeting. He also stated that staff would be bringing a
draft ordinance amendment on Critical Area regulations at that time.
The Secretary also informed the Commission of a year 2000 Study Task Force which was
being created by the City Council to review policies on land use and other matters
that would prepare the City for the year 2000. The Secretary stated that the Task
Force would be composed of one person from each of the Advisory Commissions and
probably one person from each school district within the City. He stated that the
meetings would be open to the public and that the matters would be of concern to the
Planning Commission.
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Commissioner Malecki asked what had become of the group home application. The
Secretary stated that staff had met with Mr. Just and explained the site
improvements that would be recommended by staff for the development. He stated
that staff had not heard anything further from Mr. Just since that time.
ADJOURNMENT
Motion by Commissioner Ainas seconded by Commissioner Nelson to adjourn the meeting
of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at $:13 p.m.
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