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HomeMy WebLinkAbout1985 05-09 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 REGULAR SESSION MAY 9, 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:33 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube, and Planner Gary Shallcross. APPROVAL OF MINUTES - April 25, 1985 Motion by Commissioner Ainas seconded by Commissioner Manson to approve the minutes of the April 25, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas and Bernards. Voting against: none. Not voting: Commissioners Sandstrom and Nelson. The motion passed PRESENTATION OF VOLUNTEERISM AWARD TO COMMISSIONER BERNARDS Chairman Lucht then presented an award on behalf of the Brooklyn Center Rotary to Commissioner Wallace Bernards for his activities in the community on a volunteer basis. APPLICATION NO. 85010 (Dawn Weum) Following the .Chairman's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a nursery in the basement of the Brooklyn United Methodist Church at 7200 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 85010 attached). Chairman Lucht asked the applicant whether she had anything to add. The applicant responded in the negative. PUBLIC HEARING (Application No. 85010) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. The Secretary asked Mrs. Weum if she had a lease with the. church. Mrs. Weum responded in the affirmative, stating that it was a one year lease. Commissioner Bernards asked whether the operation would be the same as that conducted by Anne Book. Mrs. Weum again responded in the affirmative. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85010 (Dawn Weum) Motion by Commissioner Malecki seconded by Commissioner Manson to recommend approval of Application No. 85010, subject to the following conditions: 5-9-85 -1- 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3• The hours of operation shall be: 9:00 a.m. to 3:00 p.m., Monday through Thursday and 9:00 a.m. to 11:30 a.m., Friday. 4. The applicant shall submit a current copy of her state operator's license to be kept on file at the City offices prior to issuance of the special use permit. 5. Permit approval acknowledges 30 parking stalls to the rear of the church as adequate for handling traffic of parents dropping off and picking up children at the nursery school. 6. The permit is subject to compliance with orders of the Building Inspector and the Fire Marshal. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85009 (Foundation Stone Ministries, Inc.) The Secretary then introduced the next item of business, a request for an approval to rezone from R1 to R5 the vacant 4.5 acre parcel and the southwest corner of I-94 and Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85009 attached). The Secretary added that staff had received a conceptual plan for development of the property. He showed a transparency of the conceptual layout for a 750 seat church in the first phase and a second phase beyond. Chairman Lucht then asked the applicant if he had anything to add. Mr. Mark Anderson of Church on the Move stated that he felt the church makes sense in this location because of the access problems. He stated that an office use would add traffic to the peak, whereas a church would be an off-peak traffic generator. He also noted that there would be more area on the site available for parking than was shown on the conceptual plan. He also noted that there would be fewer seats than a similar size building could accommodate. Commissioner Sandstrom asked where the church was located now. Mr. Anderson responded that it was located in the Camden area and that it had outgrown four previous buildings. PUBLIC HEARING (Application No. 85009) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mr. Paul Holmlund of 6536 Indiana Avenue North stated that the lack of neighbors present at the public hearing did not indicate a lack of concern. He stated that it was more likely an indication that people do not feel the proposal is serious. He reviewed how neighbors in the area attended public hearings last year and the year before on an office condominium development which has not gone forward. 5-9-85 -2- Mr. James Pearson, the owner of the property, stated that he had expected the office development to go forward, but that financing problems prevented the project from being built. He stated that the church approached him and made an offer which he felt was reasonable. He stated that the church would be less of a traffic problem than the office buildings. Ms. Esther Jensen of 24213 65th Avenue North also stated that the Planning Commission would have to consider traffic as a major concern. Chairman Lucht asked her whether she considered the church to be less of a traffic concern. Ms. Jensen answered that she was not sure. Commissioner Bernards asked whether the church would have any daytime programs. Mr. Anderson stated that there were none at present. He stated that the church has a Wednesday night Bible study and Sunday services. Chairman Lucht asked whether the neighbors would be invited to the Neighborhood Advisory Group meeting. The Secretary responded in the affirmative. Chairman Lucht asked whether anyone else wished to speak regarding the application. Hearing none, he called for a motion to continue the public hearing. MOTION CONTINUING PUBLIC HEARING (Application No. 85009) Motion by Commissioner Nelson seconded by Commissioner Malecki to continue the public hearing on Application No. 85009• The motion passed unanimously. Mr. Anderson asked about the neighborhood committee. Chairman Lucht explained that the Neighborhood Advisory Groups review rezonings, take comments from applicants along with the City information and react to suggestions by residents of the neighborhood. He stated that it is an attempt to resolve problems. ACTION TABLING APPLICATION NO. 85009 (Foundation Stone Ministries, Inc.) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to table Application No. 85009 and refer it to the West Central Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85011 (Uhde/Nelson, Inc!) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a two phase office development on the old City Hall property at 7100 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report for the site plan (see Planning Commission Information Sheet for Application No. 85011 attached). The Secretary added that a conceptual plan for the property was submitted about a year ago at the time the property was sold. At that time, he explained, the Planning Commission had commented on the compatibility of various proposed office developments with the Comprehensive Plan recommendations for that area of the Boulevard. He added that the neighbors in the area commented when the old City Hall building burned down and stated a preference for an office development. He explained that property was sold to Uhde/Nelson, Inc. on the basis of the concept for an office development. The Secretary then read a memorandum from Rick Hartmann of H. E. Homes, Inc., who had also bid on the old City Hall property expressing his feeling that the bidding for the property should be reopened on the basis of a change in plans. (see memorandum from Rick Hartmann attached). The Secretary explained, however, that the City has already sold the property and cannot reopen the bidding. He stated that the 5-9-85 -3- Planning Commission had accepted all of the office concepts as compatible with the recommendations of the City's Comprehensive Plan. He explained that the City Council sold the property to Uhde/Nelson, Inc. on the condition that the plans submitted be built or that modifications be approved by the City Council. The Secretary explained that there was no formal bidding process as such and that no formal design competition had been held. APPLICATION NO. 85012 (Uhde/Nelson, Inc.) The Secretary then introduced Application No. 85012, a request for preliminary plat approval to combine into a single lot the parcels of land that make up the old City Hall site at 7100 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report pertaining to the plat (see Planning Commission Information Sheet for Application No. 85012 attached). The City Engineer added that the boundary discrepancy noted in the report is not uncommon in platting of property. He stated that, since the property was formerly owned by the City, the City has a concern that everything be done in the open and that the proposed plat be reviewed by the County land surveyor and possibly commented on by the City Attorney. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Dave Nelson of Uhde/Nelson stated that the surveyor is confident that the boundary location shown on the preliminary plat is accurate. He added, however, that his firm would not require neighboring property owners to move their fences should it be determined that they are located on the property he has purchased. Regarding the change of plans from the original concept, Mr. Nelson pointed out that he always discussed a two-storey building with brick exterior and ribbon windows and this concept has been continued with the proposed development plans. PUBLIC HEARING (Application Nos. 85011 and 85012) Chairman Lucht then opened themeeting for a public hearing on both the special use permit for the office development in the R5 zone and for the preliminary plat. He asked whether anyone present wished to speak. Mr. Rick Hartmann briefly addressed the Commission. He stated that he was not opposed to the project as such, but that he simply wished to express his opinion about the procedure that has been followed. He stated that he had told buyers of his office condominium units to the south that the building to the north would be a two-storey brick office building. Mr. Dave Nelson stated that he hoped to workout an easement agreement for utilities through the corner of the Boulevard Plaza property. He also explained that Edina Realty, which had been one of the parties interested in buying the City Hall site, had approached Uhde/Nelson, Inc. before they bought the property. He explained that Edina Realty had wanted to buy the property in order to dictate the style of building that it wanted built on the property. He explained that his firm had wanted a modern style building and that this is what would be built. He explained that Edina Realty would lease the building from them. CLOSE PUBLIC HEARING There being no other comments, Chairman Lucht called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Commissioner Sandstrom stated that he would not be voting on approval or disapproval of the application. The Planner also noted that the plans have been modified in accordance with the recommendations of the staff report, but that there was still a need to show an extension of the landscape hedge along the north property line slightly. There followed a brief discussion regarding the screening from neighboring properties. 5-9-85 -4- In response to a question from Chairman Lucht regarding the property line discrepancy, the City Engineer recommended that the Planning Commission simply acknowledge the question and that it would be reviewed by the County surveyor. The City Engineer expressed his concern that the matter be handled in the open and that people in the area not feel that six inches of property is being taken from them. ACTION RECOMMENDING APPOVAL OF APPLICATION NO. 85011 (Uhde/Nelson, Inc.) FFtion by Commissioner Nelson seconded by Commissioner Manson to recommend approval of Application No. 85011, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. Specifically, the applicant should comply with the conditions of the City Engineer's memo of May 2, 1985 to the Director of Planning and Inspection and other conditions as imposed by the City Engineer. 4. A site performance agreement and supporting financial guarantee (in an 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. 5. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 6. 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas. 10. The plat for the property shall receive final approval and be filed at the County prior to issuance of building permits. 11. Plan approval acknowledges the existing cedar hedge along the north and east property lines as providing appropriate screening from neighboring residential uses as required by City ordinance. If this landscape screening fails, it shall be replaced by 5-9-85 -5- comparable landscaping or by a minimum 4' high opaque fence. The cedar hedge shall be extended westward to completely screen the residences to the north from all parking on the subject property. 12. Absent change in the utility plans acceptable to the City Engineer, the applicant shall provide the City with a copy of a utility easement over the neighboring Boulevard Plaza property prior to the issuance of building permits. 13• The applicant shall submit a $1,000 cash guarantee to insure proper and timely replacement of the sidewalk along Brooklyn Boulevard. 14. Utility "as-built" information shall be provided to the City prior to release of the performance guarantee cited in Condition No. 4. 15. The applicant shall enter into a standard utility maintenance agreement prior to the issuance of permits. 16. The site and building plans shall be certified by a registered architect prior to the issuance of building permits. 17. Plan approval acknowledges phased development of the property. If construction does not begin within one year of initiation of the project, the second phase area shall be graded and seeded and permanent improvements shall be deferred for a period of up to three years. The bond for the project shall not be released until all permanent improvements have been installed. 18. Approval of the second building is subject to further review and approval of the building plans. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernard. Voting against: none. Not voting: Commissioner Sandstrom. The motion passed. ACTION RECOWENDING APPROVAL OF APPLICATION NO. 85012 (Uhde/Nelson, Inc.) Motion by Commissioner Ainas seconded by Commissioner Nelson to recommend approval of Application No. 85012, 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. The preliminary plat shall be modified in accordance with the City Engineer's memo of May 2, 1985• 4. The plat shall be subject to approval by the Hennepin County land surveyor with respect to the proper location of property monuments. 5-9-85 -6- 5. The City Attorney shall submit an opinion as to the validity of the plat surveyor's practices in locating property corners prior to final plat approval. 6. The final plat shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the building proposed under Planning Commission Application No. 85011. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernards. The motion passed. APPLICATION NO. 85013 (Uhde/Nelson, Inc.) The Secretary then introduced the last item of business, a request for site and building plan approval to construct a two-storey office building on the vacant parcel of land between the Girl Scout offices and the Brooklyn Law Center building in the 5600 block of Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85013 attached) . Chairman Lucht asked the applicant whether he had anything to add. Mr. Dave Nelson of Uhde/Nelson responded in the negative. The Secretary noted the need to add a utility hookup agreement. Commissioner Manson asked whether the building has tenants yet. Mr. Nelson answered that the building was 50% leased so far. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85013 (Uhde/Nelson, Inc.) Motion by Commissioner Sandstrom seconded by Commissioner Manson to recommend approval of Application No. 85013, 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 accordnance 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. 5-9-85 -7- 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The site and building plans shall be certified by a registered architect prior to the issuance of building permits. 10. Plan approval acknowledges proof-of-parking for one parallel stall west of the building. The applicant shall agree in writing to install this additional space upon a determination by the City that insufficient parking exists on the site. 11. The applicant shall enter into a standard utility hookup agreement for the payment of utility hookup charges prior to the issuance of building permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ADJOURNNENT Following a brief discussion of upcoming business and development activities, there was a motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:10 p.m. Chai i 5-9-85 -8-