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HomeMy WebLinkAbout1984 05-24 PCM f MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN A14D THE STATE OF MINNESOTA STUDY SESSION MAY 24, 1984 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Carl Sandstrom and Mike Nelson. Also present were Director of Planning and Inspection Ronald Warren and Planning Assistant Gary Shallcross. Chairman Lucht explained that Commissioners Simmons and Ainas had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - MAY 10, 1984 Motion by Commissioner Sandstrom seconded by Commissioner Manson to approve the minutes of the May 10, 1984 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Sandstrom, and Nelson. Voting against: none. Not voting: Commissioner Malecki. The motion passed. APPLICATION NOS. 84009 AND 84010 (Lombard Properties) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site and building plan and special use permit approval for a 75,251 sq. ft. low-rise industrial building at 6601 Shingle Creek Parkway and for special use permit approval for off-site accessory parking on the central parking lot to the west. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application Nos. 84009 and 84010 attached) . Chairman Lucht asked whether the plan proposed any landscaping for the parking ramp. The Secretary responded in the negative. Chairman Lucht asked whether the plan would be brought back for review before the ramp was constructed. The Secretary stated that that could be stipulated. Commissioner Sandstrom noted that the Spec. 11 building had already been built and that it required 102 off-site parking stalls in the central parking lot which was not built. The Secretary explained that the Spec. 11 building is not entirely occupied at this time and that the parking demand for those tenants in the building has not exceeded the available parking. The Planning Assistant did add that the City has bonded for construction of the central parking lot and that if parking became a problem at this time, the City could require the lot to be installed. Chairman Lucht recommended a condition to bring the site and landscaping plans for the parking ramp back to the Planning Commission prior to construction. He asked the applicant whether he had anything to add. Mr. Mike Mallon of Lombard Properties stated that he had nothing to add to the report. PUBLIC HEARING (Application Nos. 84009 and 84010) C airman Lucht then opened the meeting for a public hearing on the special use permit for the low-rise industrial building and for the off-site accessory parking arrangement, both of which are special uses. He asked whether anyone present wished to speak to the applications. Hearing none, he called for a motion to close the public hearing. 5-24-84 -1- CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Chairman Lucht also recommended a condition regarding sod around the parking lot perimeter. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84009 (Lombard Properties) Motion by Commissioner Sandstrom seconded by Commissioner Manson to recommend approval, of Application No. 84009 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 an 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. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. Plan approval acknowledges proof-of-parking for 82 off-site parking stalls, at least 20 of which are to be located in the at- grade central parking lot and up to 62 of which may be located in a future parking ramp. The applicant shall enter into a written agreement with the City to install the parking ramp at the request of the City and this agreement shall be filed with the property at Hennepin County. Site and landscape plans for the central parking ramp shall be reviewed and approved by the City Council prior to construction. 10. The Special Use Permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 5-24-84 -2- 11. Special Use Permit approval acknowledges that up to 50% of the occupancy of the building may be devoted to office use whether related to an industrial use or not. Office occupancy of more than 50% of the gross floor area is subject to amendment of the Special Use Permit herein granted and to the appropriate parking formulas of the City Zoning Ordinance. 12. The applicant shall submit a site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) prior to the issuance of building permits to assure the completion of the central parking lot. 13. The applicant shall submit master plans for site grading and utility service to all tracts of R.L.S. 1572 for approval by the City Engineer prior to the issuance of permits for Spec. 14. 14. A flowageway shall be constructed in accordance with the provisions of an excuted subdivision agreement, said flowageway to provide unobstructed overlandflow of excess storm water from the intersection of Shingle Creek Parkway and 67th Avenue, westerly to Shingle Creek. 15. Upon installation of lateral water mains and/or lateral sewers, the owners shall provide an as-built survey depicting the location of said utilities. 16. The owners shall execute a water and sewer main and fire hydrant maintenance and inspection agreement upon installation of lateral water and/or sewer mains. 17. All landscaped areas more than 6' wide around the perimeter of the parking and driving areas shall be sodded. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Nelson. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84010 (Lombard Properties) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 84010, subject to the following condition: 1. Special Use Permit approval acknowledges up to 82 off-site accessory parking stalls on the central parking lot and future ramp to the west of the site. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Nelson. Voting against: none. The motion passed. APPLICATION NO. 84013 (H. E. Homes) The Secretary then introduced the next item of business, a request to rezone from R1 to R3, a .87 acre parcel of land on the west edge of the St. Alphonsus Church property and to rezone from R5 to R3 the two lots at 7020 and 7040 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 84013 attached) . The Secretary noted that the 5-24-84 =3- old City Hall property is not included in the rezoning application. He also explained that all three properties would have to be combined by platting and that the St. Alphonsus Church property would have to be included in that plat. Chairman Lucht then called on the applicant to speak. Mr. Rick Hartman of H. E. Homes briefly discussed the possibility of a 16,000 sq. ft. office building on the 7020 and 7040 Brooklyn Boulevard parcels. He stated that he intends to propose an office condominium development and showed a possible layout of that development to the Planning Commission. Commissioner Manson asked whether the development would have access to 71st Avenue North. Mr. Hartman responded in the negative stating that he would not seek such an access. PUBLIC HEARING (Application No. 84013) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak on the application. No one offered any comments although there were neighboring residents present. Chairman Lucht stated that if no one wished to comment, a motion would be in order to continue the public hearing to a later date when the rezoning application would be reconsidered. CONTINUE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to continue the public hearing on Application No. 84013 to a later date. The motion passed unanimously. There followed a brief discussion of the possibility of rezoning the City property also to R3. The Secretary explained that it is presently zoned R5 which allows a three storey office building by a special use permit, whereas the R3 zone allows only a two storey office building by a special use permit. He stated that the parties who had entered into a purchase agreement with the City to purchase that land would have to agree to the rezoning to R3. ACTION TABLING APPLICATION NO. 84013 (H. E. Homes) Motion by Commissioner Manson seconded by Commissioner Nelson to table Application No. 84013 and refer the application to the Northwest Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Nelson. Voting against: none. The motion passed. The Secretary explained that the City would try to establish a Neighborhood Meeting some place in the neighborhood and that notices would be sent to those who received a notice of the rezoning hearing. DISCUSSION ITEM (Zero Lot Line) The Secretary then briefly explained the zoning status of duplexes in the R2 Zoning District. He explained that the current ordinance allows two dwelling units on a single lot that is at least 75' wide and 12,400 sq. ft in area, but does not allow a property line to separate the two units. He stated that, under current ordinance, a condominium declaration could be filed describing the interior space of each of the units as a separate marketable property. He stated that a number of other communities have allowed property lines between double bungalow units so that each would have its own lot in addition to owning the structure. Chairman Lucht stated that the zero lot line solution would work for a double 5-24-84 -4- bungalow, but not for a duplex. The Secretary pointed out that a duplex could still be divided by the condominium declaration procedure. He stated that in either case, Association Agreements would have to control improvements to the exterior of the structure. Commissioner Sandstrom stated that it was difficult to condominiumize any structure. The Secretary explained that the lots created by the zero lot line division would have to equal 1/2 of what a normal two family lot would be. The Secretary stated that he felt the zoning of the property should not control ownership, but that the R2 zoning in effect does require that at least one of the two units be rental unless it is condominiumized. He stated that he felt the zero lot line ordinance could be a useful device to allow owner-occupied units in the R2 zone and suggested that perhaps certain controls on exterior improvements should be written into the ordinance. Chairman Lucht polled the Commission for their feelings on the subject. All the Commissioners present agreed with the Secretary's comments and recommended that an ordinance amendment be developed. DISCUSSION ITEM (R2 Zone Adjacent to Upper Twin Lake) The Planning Assistant briefly explained to the Commission the next discussion item which was consideration of creating an R2 zone adjacent to Upper Twin Lake where there are a number of older and larger homes that in many cases have been converted to duplexes. The Planning Assistant explained that the Zoning Ordinance, prior to 1968, allowed two-family dwellings in the R1 zone and that a number of two-family dwellings were built prior to 1968 and have now become nonconforming uses in the R1 zone. He stated that the City becomes aware of these two-family dwelling situations occasionally through the requirement to license all rental dwelling units in the City. He stated that it is an administrative headache to try to determine whether a two-family dwelling was ever legally recognized as such and whether it has been continually used as a two-family dwelling since it became nonconforming in 1968. He explained that this would have been easier if rental units had always been licensed, but that they have only been licensed since approximately 1976. The Planning Assistant explained that many of these nonconforming two-family situations exist in the neighborhood immediately adjacent to Upper Twin Lake. He stated that if the land were rezoned to R2 these two-family situations would become conforming uses which could more readily be licensed, subject to meeting the requirements of the Housing Maintenance and Occupancy Ordinance. Chairman Lucht and Commissioner Sandstrom asked for further information on these nonconforming dwellings and that it be brought back at a future meeting. APPLICATION NO. 84014 (Mary Ziebarth) The Secretary then reviewed the last item of business following the arrival of the applicant, Mary Ziebarth. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 84014 attached) . Chairman Lucht then called on the applicant to speak. Ms. Ziebarth stated that she had no problems with the conditions of approval. She stated that she had talked to the surrounding neighbors and that one neighbor next door had expressed some concern regarding the possibility of children walking on his lawn. She stated that she would keep the children either in her house or within her yard and would not allow trespassing on neighboring property. 5-24-84 -5- Commissioner Manson asked for clarification as to whether the students would attend class once a week. Ms. Ziebarth answered in the affirmative. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84014 (Mary Ziebarth) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to recommend approval of Application No. 84014, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violations thereof shall be grounds for revocation. 3. Classes shall be at least one half hour apart on weekday evenings and shall conclude not later than 10:00 p.m. 4. Class size shall be limited to no more than 10 students at a time. 5. All work recommended in the Building Official's report shall be completed prior to the issuance of the special use permit. 6. On-street parking shall be limited to the area in front of the applicant's residence and on the east side of the street. 7. Special use permit approval acknowledges group instruction in the area of dance and baton twirling. Classes in other subjects are not acknowledged. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Sandstrom and Nelson. Voting against: none. The motion passed. ADJOURNMENT Following a brief discussion of upcoming business items, there was a motion by Commissioner Nelson seconded by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. e Planning Co issio adjourned at 9:14 p.m. im 5-24-84 -6-