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HomeMy WebLinkAbout1985 10-24 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 OCTOBER 24, 1985 COMMUNITY CENTER CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:37 p.m. ROLL CALL Chairman George Lucht, Commissioners Mike Nelson, Lowell Ainas, Carl Sandstrom, and Wallace Bernards. Also present were Director of Planning & Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht explained that Commissioner Malecki was excused and that a new Commissioner, recently appointed to the Planning Commission, (Ann Wallerstedt) would not be able to attend this evening. APPROVAL OF MINUTES - OCTOBER 10, 1985 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the October 10, 1985 Planning Commission meeting as submitted. Voting in favor: Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. Not voting: Chairman Lucht. The motion passed. APPLICATION NO. 85034 (REYNOLDS HOMES, INC.) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for a variance from Section 35-410 of the zoning ordinance to allow encroachment of certain decks into the required 15' buffer area adjacent to R1 zoned property at the Madsen Floral townhouse development at 55th and Aldrich Drive. The Secretary reviewed the contents of the staff report (see Planning Commission information sheet for Application No. 85034 attached). The Secretary also noted on an overhead transparency those units with decks that encroach within the 15 buffer strip. Chairman Lucht asked the applicant whether he had anything to add. - Mr. Les Reynolds stated that he had nothing further to add to the report. Commissioner Sandstrom asked whether the decks had been constructed by the July 12th date when the order was given to correct the situation. The Secretary answered in the affirmative. Commissioner Bernards noted that not all the decks encroach within the 15' buffer area. The Secretary agreed and noted which decks have encroachments. There followed a brief discussion of the size and location of the decks relative to the units. Commissioner Ainas asked what the setback of the deck at 5529 Aldrich Drive was. The Secretary answered that it was 91611 and that 51611 would have to be cut off of the deck. PUBLIC HEARING (Application No. 85034) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mr. Les Reynolds, the applicant, pointed out that the unit at 5529 Aldrich Drive has been sold for some time and that it would be difficult for him to now reduce the size of that deck. He 10-24-85 -1- stated that the deck would be consistent with the other units on that side which have been exempted from consideration because they were sold prior to the July 12 date. Mr. Reynolds also pointed out that the lots to the west of the townhouse development were quite deep and that the encroachment would not pose any problem to the neighboring residents. He asked that the exemption of certain decks be extended to 5529 Aldrich also since it had already been sold. Chairman Lucht asked whether anyone else wished to speak. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. Commissioner Ainas stated that he really saw no difference between the decks at 5529 and 5533 Aldrich Drive and recommended that 5529 also be excluded. Chairman Lucht asked whether a certificate of occupancy had been issued to 5529 Aldrich Drive. Secretary answered that no certificates of occupancy had been issued on any of the units in question since the July 12 order to relocate the decks. There followed a discussion of the nature of the problem presented by the application. Commissioner Sandstrom stated that the encroachment did not seem to have a big impact on neighboring properties and that this was reflected by the fact that no neighbors had come to the public hearing. Commissioner Bernards stated that he was aware of the concerns of the neighbors and stated that they are not unconcerned about the matter. The Planner noted that a neighbor had pointed out the encroachment to the City staff. Mr. Reynolds pointed out that that neighbor was not adjacent to one of the encroaching decks. Commissioners Nelson, Ainas, and Sandstrom all stated a preference for exempting 5529 from the order to comply with the buffer requirement. The Secretary stated that he did not recommend that a variance be granted. He stated that certain decks could be excluded from consideration because they were approved prior to knowledge of the encroachment. He stated that those decks should be acknowledged as a nonconforming use but not granted a variance as such. He stated that the recommendation of the staff is to require compliance in all units still owned by the developer. He stated that he did not want to encourage noncompliance with ordinance requirements by granting variances after the fact. Commissioner Ainas stated that he still felt that 5529 should be exempted. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 85034 (REYNOLDS HOMESI INC.) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend denial of Application No. 85034 on the grounds that the standards for a variance are not met, but exempting the units at 5529, 5533, 5545, and 5549 Aldrich Drive from their requirement to realign decks to meet the 15' buffer strip requirement on the grounds that they were sold already. Chairman Lucht stated that he could agree with aesthetically with the reasoning of the motion, but still had problems with the exemption of 5529 which had not received a certificate of occupancy. Voting in favor: Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: Chairman Lucht. The motion passed. Chairman Lucht explained that he did not favor granting the variance, but that he opposed the exemption of 5529 from the order to comply with the buffer requirement. APPLICATION NO. 85035 (LUTTERMAN HOMES) The Secretary then introduced the next item of business, a request for site and 10-24-85 -2- building plan approval to construct a four unit townhouse/apartment building on the vacant parcel east of Burger King and south of the PBC Clinic. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 85035 attached). Chairman Lucht then asked the applicant whether he had anything to add. Mr. Dean Lutterman stated that he considered the conditions reasonable. Chairman Lucht asked whether the units would not be for sale since there was no platting involved. The Secretary responded that there was a possibility that the units would be condominiumized under the Minnesota Condominium Act. He stated that this would not involve platting or review by the Planning Commission and City Council. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85035 (LUTTERMAN HOMES) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 85035, 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• Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B6 curbing may be installed as a continuation of the existing B6 curbing on the site. 7. Plan approval acknowledges a density credit of 2,000 sq. ft. for four under-building parking stalls. The development is considered to contain three townhouse units and one apartment unit. Four units are allowed because 16,653 sq. ft. of site area allows for more than 3.5 units when density credits are calculated. 8. The plans shall be modified prior to the issuance of permits to indicate: a) Type of curbing and where new curbing will be installed. b) Utility services to the units within the development. 10-11-81 , -3- c) Sod in all green areas disturbed by construction. d) Provision of a landscape schedule showing all plantings by size, quantity and type. e) The building elevations shall be redrawn to reflect the physical realities of the proposed site. Voting in favor: Chairman Lucht, Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85031 (FEDERAL LUMBER) The Secretary then referred the Commission's attention to the Federal Lumber application, an appeal from a determination by staff that office uses are not allowed in the I-2 zoning district as principal uses. He stated that the applicant had requested that the matter be tabled until the Commission's next meeting. ACTION TABLING APPLICATION NO. 85031 (FEDERAL LUMBER) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to table Application No. 85031 at the applicant's request. Voting in favor: Chairman Lucht, Commissioners Nelson, Ainas, Sandstrom, and Bernards. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:32 p.m. and resumed at 8:54 p.m. During the recess Commissioner Ainas left and the City Manager, Director of Public Works, and Director of Recreation arrived to discuss the proposed golf course. APPLICATION NOS. 85036 AND 85037 (CITY OF BROOKLYN CENTER) Following the recess, the Secretary introduced the next item of business, a request for site and building plan and special use permit approval to develop a golf course on the vacant land west of Lions Park along Shingle Creek, south of T.H. 100. Application No. 85037 was a request for a flood plain special use permit to allow filling, excavating, and regrading in the flood way zone. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application Nos. 85036 and 85037 attached). The City Manager noted one addition that construction of the parking lot for the golf course would not be accomplished until after the Little League season in 1986. The Secretary then noted the plan to relocate the Little League field from its existing location down into Lions Park. Commissioner Bernards asked whether golf carts would be available at the new golf course. The Recreation Director answered that they would be available on a limited basis. The Director of Public Works then reviewed certain aspects of the flood plain special use application. He pointed out that the latest grading plan now does meet the requirement for 90 acre feet of water storage. He reviewed the conditions imposed by the Shingle Creek Watershed Commission on the regrading of the land in the flood plain. He noted that, in addition to concerns regarding water storage capacity, there were conditions relating to erosion control and requirement for a skimming device to improve water quality. PUBLIC HEARING (Application Nos. 85036 & 85037) Chairman Lucht then opened the meeting for a public hearing regarding Application No. 85036 for a special use 10-24-85. -4- permit for a golf course and Application No. 85037 a flood plain special use permit. He asked whether anyone present wished to speak regarding the application. Mr. Richard Allen, 5336 North Lilac Drive, inquired as to where fencing would be put around the golf course. The City Manager explained that most of the area around the golf course would be fenced and described the areas on the overhead transparency. He noted that a path along Shingle Creek would remain open and relocated in some areas. Another neighbor from North Lilac Drive asked about the trees along the north side of North Lilac Drive. Mr. Splinter then invited the neighbors to look at the plans at the table in front of the Planning Commission. He stated that as many trees as possible would be retained and reviewed other aspects of the golf course plan. CLOSE PUBLIC HEARING Following an informal discussion of the golf course plans with the neighbors, there was a motion by Commissioner Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NOS. 85036 AND 85037 (CITY OF BROOKLYN CENTER) '- Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application Nos. 85036, 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• Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The permit is subject to all applicable codes, ordinances and regulations. 8. An ordinance amendment relocating the floodway boundary of Shingle Creek south of Highway 100 shall become effective prior to issuance of building permits for the proposed clubhouse. Approval of Application No. 85037 for a flood plain special use permit is also recommended, subject to the following conditions: 10-24-85 -5- 1. The grading plans for the proposed golf course are subject to review and approval by the Shingle Creek Watershed Commission as to adequate hydraulic capacity in the Shingle Creek flood plain south of Highway 100 and north of 53rd Avenue North. Adequate capacity shall be equal to the existing capacity of approximately 90 acre feet of water retention. 2. Informational requirements and necessary approvals shall be obtained prior to the commencement of grading within the flood plain. Voting in favor: Chairman Lucht, Commissioners Nelson, Sandstrom, and Bernards. Voting against: none. The motion passed. The Secretary then noted that the Commission should recommend an ordinance amendment to revise the boundary of the floodway. ACTION RECOMMENDING ORDINANCE AMENDMENT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend adoption of an ordinance amendment to move the boundary of the floodway line in accordance with the recommendations of the City Engineer. Voting in favor: Chairman Lucht, Commissioners Nelson, Sandstrom, and Bernards. Voting against: none. The motion passed. DISCUSSION ITEMS (EARLE BROWN FARM) THe pity Manager then reviewed briefly with the Planning Commission the status of the Earle Brown Farm redevelopment plans. He explained that the City now does own the Earle Brown Farm and is looking at the possibility of using a portion of it for a senior center. He stated that the City was also working with Ryan Construction Company on a possible office development to the west of the farm and a land exchange that would have to take place to make efficient use of land in the area. He stated that he expected the building plans for that project to be submitted soon because there is a need for various approvals prior to the first of the year, including use of Industrial Revenue Bonds. ADJOURNMENT 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 9:51 p.m. Chair 10-24-85 -6- -