HomeMy WebLinkAbout1986 05-08 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 8, 1986
CITY HALL
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairman
George Lucht at 7:34 p.m.
ROLL CALL
Chairman George Lucht, Commissioners Carl Sandstrom, Lowell Ainas, Mike Nelson, and
Wallace Bernards. Also present were Director of Planning and Inspection Ronald
Warren, City Engineer Bo Spurrier, and Planner Gary Shallcross. Chairman Lucht
noted that Commissioner Malecki had been excused and that Commissioner Wallerstedt
had called to say that she would be late.
APPROVAL OF MINUTES - APRIL 24, 1986
Motion by-Commissioner Ainas seconded by Commissioner Bernards to approve the
minutes of the April 24, 1986 Planning Commission meeting as submitted. Voting in
favor: Chairman Lucht, Commissioners Ainas and Bernards. Voting against: none.
Not voting: Commissioners Sandstrom and Nelson. The motion passed.
APPLICATION NO. 86018 (Richard Whitley)
Following the Chairman's explanation, the Secretary introduced the first item of
business, a request for preliminary plat approval to subdivide into two lots the
parcel of land at 5327 Bryant Avenue North. The Secretary reviewed the contents of
the staff report (see Planning Commission Information Sheet for Application No.
86018 attached) .
Commissioner Ainas asked about the parcel labeled State Land Department shown on the
preliminary plat drawing. The Secretary responded that he did not know how that
parcel came to be, but suspected that it was created somehow by metes and bounds in
the past and the taxes were not paid so that it wound up forfeited to the State.
Chairman Lucht asked the applicant whether he had anything to add. Mr. Whitley
responded in the negative.
PUBLIC HEARING (Application No. 86018)
Chairman Lucht then opened the meeting for a public hearing and asked whether anyone
present wished to speak regarding the application. Hearing no one 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.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86018 (Richard Whitley)
Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend
approval of Application No. 86018, 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.
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3. The applicant shall enter into a utility hookup agreement with
the City prior to final plat approval.
4. The existing house shall be relocated and properly situated onto
Lot 2, and the existing foundation removed prior to final plat
approval.
5. No building permit shall be issued for Lot 1 until the plat
receives final approval and is filed at the County.
Voting in favor: Chairman Lucht, Commissioners Sandstrom, Ainas, Nelson and
Bernards. Voting against: none. The motion passed.
APPLICATION NOS. 86019 and 86020 (E and H Properties)
The Secretary then introduced the next two items of business together, a request for
site and building plan and special use permit approval to construct a three storey
office building on the vacant land between the Brookdale Motel and the Atkins
Mechanical office building on the east side of West River Road, south of 66th Avenue
North. He also introduced an application for preliminary plat approval to
subdivide into two lots the land in the above application and also the Atkins
Mechanical site. The Secretary reviewed the contents of the staff reports (See
Planning Commission Information Sheets for Application Nos. 86019 and 86020
attached) . The Secretary noted that the plans called for a 6' high fence around the
parking lot area. He pointed out that the Zoning Ordinance limits fences adjacent
to public right-of-way to 4' and stated that this would apply in the greenstrip along
Willow Lane.
Commissioner Wallerstedt arrived during the review of the staff report at
approximately 7:55 P.M.
The Secretary also noted that the development in question is not large enough to
require review by the West Mississippi Watershed Management Commission. He then
reviewed the conditions for both applications. The City Engineer pointed out that
a triangle of land at the far northwest tip of the plat may need to be dedicated for
right-of-way for West River Road.
Commissioner Wallerstedt noted the statement in the report that traffic in this area
was "not terribly high". She disagreed with this comment. The Secretary pointed
out that it was referring to traffic on 66th Avenue North, east of West River Road,
not to West River Road or to 66th Avenue North west of West River Road.
Chairman Lucht then called on the applicant to speak. Mr. Howard Atkins, the owner
of the property, stated that he had been a resident of Brooklyn Center for 20 years
and has had an office in this particular neighborhood for seven years. He stated
that he felt that he had been a good neighbor and that he has a good development plan.
He then introduced Hal Pierce, the architect for the project.
Mr. Pierce noted the deferral of improvements in the northeast portion of the
property. He stated that the applicant does not wish to irrigate this area. The
Secrtary stated that he had no problem with not irrigating this undeveloped area,
but that it should not be used for storage of fill, etc.
PUBLIC HEARING (Application Nos. (86019 and 86020)
Chairman Lucht then opened the meeting for a public hearing on both the preliminary
plat application (Application No. 86020) and the special use permit application
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(Application No. 86019) . He asked whether anyone present wished to speak regarding
the application.
Mr. Jim Neuberger of 6546 Willow Lane referred to the colored rendering of the
building shown by the architect, Hal Pierce, and noted that the south and west sides
were shown. He asked what the east and north sides would look like. The Secretary
stated that there would be the same exterior treatment around the building. Mr.
Pierce agreed. He noted that there would be a stairwell on the east side of the
building as well, but that it would not protrude out from the building. Mr.
Neuberger of 6546 Willow Lane asked who would own the 66th Avenue North right-of-way
after the highway project was completed. The Secretary stated that this area might
be considered surplus right-of-way by the Highway Department and that it might be
vacated in the future. He stated that this decision would be made later. The City
Engineer then explained the nature of the highway project improvements along 66th
Avenue North including the installation of the median and moving the roadway north
by approximately 25 feet. He pointed out that the City would have to hold a public
hearing on the vacation of any surplus right-of-way.
Mr. Richard Jewett of 6552 Willow Lane stated that he was concerned regarding the
vacant land at the northeast corner of the plat. Chairman Lucht stated that the
property was probably not big enough by itself for development, but would have to be
combined with the existing Atkins Mechanical site for a larger development. Mr.
Jewett asked whether the building could be five or six stories high. Chairman Lucht
pointed out that the property was zoned the same and subject to the Critical Area
limitations.
Mr. Jewett went on to complain about the level of traffic in the area. He stated
that people take a circuitous route down to 65th Avenue North and then over to Willow
Lane and back up to 66th in order to get out. Chairman Lucht asked Mr. Jewett
whether he would prefer to see an apartment development or a restaurant or some other
kind of development. Mr. Jewett stated that he would prefer to see an office
development that takes up the entire land area available. He stated that leaving
the parcel vacant allows the possibility for another development that might not be
compatible with the neighborhood. The Secretary pointed out that the City cannot
force the owner to develop that portion of this property. He stated that it is
likely to be office. Asked whether there would be another meeting to review this
separate development, the Secretary responded that there would be a notice of any
special use permit.
There followed a brief discussion of traffic problems in the area. The City
Engineer again reviewed the improvements proposed by the Highway Department for
this area of West River Road, for Interstate 694, and for 66th Avenue North. He
stated that if cars are using Willow Lane to turn around in because of backups on the
Freeway, that this was an enforcement problem.
Mr. Joe Schleppenbach of 6600 Willow Lane expressed concern about the traffic
situation in the area. The Secretary responded that those traffic problems are
unrelated to the development of this property and cannot be solved through this
application.
Mr. Pat Murphy of 6524 Willow Lane expressed concern that the parking lot adjacent to
Willow Lane would cause problems with snow removal in the public street because of
storing snow in the greenstrip area. The Secretary pointed out that the greenstrip
is 15' wide and that, in addition to the greenstrip, there is approximately 15' of
boulevard area. He stated that this is normally large enough for snow storage from
parking lots and public streets without conflict.
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Mr. Murphy noted that the building in question is 35' high. He pointed out that if a
35' high building were built on the higher ground where the Atkins Mechanical
building is presently located, it would be 10' higher. He asked whether that would
be allowed. The Secretary responded that there would probably be some leveling out
in the land before another building was built, but that the 35' height limit would
also apply in that area, calculated from ground level.
Mr. Murphy also asked about the possibility of access onto Willow Lane. The
Secretary stated that he saw no need for access onto Willow Lane and that it should
not be allowed.
Mr. Schleppenbach asked when construction would begin. The Secretary stated that
the conditions would have to be met and the plat filed before the permit could be
issued. Mr. Atkins stated that his intention was to begin construction later this
summer.
CLOSE PUBLIC HEARING
Chairman Lucht asked whether anyone else present wished to speak. Hearing no one,
he called for a motion to close the public hearing. Motion by Commissioner
Sandstrom seconded by Commissioner Nelson to close the public hearing. The motion
passed unanimously.
The Planner then explained to the residents the possibility that a rezoning
application concerning this property would be initiated either by the owner or the
City in the near future and that this would be apart from a development of the
northern portion of the plat. He explained that the property presently has a split
zoning of R5 and C2 which allows the office development by special use permit, but
that a consolidated zoning would probably be pursued within the relatively near
future.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86019 (E and H Properties)
Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend
approval of Application No. 86019, 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 all 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. .
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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 with the exception of the northeast corner of the
lot and the access drive where permanent curb may be deferred for
up to five years. The performance guarantee shall not be
released until completion of all permanent improvements.
9. The applicant shall submit an as-built survey of the property
prior to the release of the performance guarantee.
10. The applicant shall provide drainage calculations for the site to
the City Engineer for evaluation of possible on-site storage of
runoff, prior to issuance of permits.
11. The replat of this site combining the land into a single parcel
shall receive final approval and be filed at the County prior to
the issuance of permits.
12. Site lighting shall provide adequate illumination of the parking
lot, but light intensity shall not exceed 3 foot candles along the
south property line in accordance with Section 35-712 of the
Zoning Ordinance.
13. The special use standards are deemed to be met in this case, in
consideration of the following:
a) the proposed office use is an appropriate buffer between
Highway 252 and the single-family residences along the
Mississippi River.
b) the proposed office use is consistent and compatible with all
adjacent land uses.
c) traffic generated by the proposed office use can be
accommodated by the abutting nonresidential streets and on
the subject site and should not overburden public streets and
signals in the area.
14. No access to the site shall be allowed from Willow Lane. Access
onto 66th Avenue North shall line up with the median opening
indicated on the MN/DOT plans for road construction of the
Highway 252 project.
15. The special use permit is subject to all applicable codes,
ordinances and regulations.
16. The plans shall be modified to indicate a 4' high fence along
Willow Lane and a 6' high fence adjacent to the R5 development to
the south to meet parking lot screening requirements of the
Zoning Ordinance prior to the issuance of permits.
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Voting in favor: Chairman Lucht, Commissioners Sandstrom, Ainas, Nelson, Bernards
and Wallerstedt. Voting against: none. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86020 (E and H Properties)
o"I tion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend
approval of Application No. 86020, 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. Setback lines indicated on the preliminary plat are non-binding
and are subject to ordinance interpretation by the City Council.
4. The applicant shall enter into a subdivision agreement with the
City relating to utility hookups and abandonments and other items
deemed appropriate by the City Engineer prior to final plat
approval.
5. The City Engineer shall report on the need, if any, of right-of-
way dedication for 66th Avenue North prior to consideration of
the preliminary plat by the City Council.
Voting in favor: Chairman Lucht, Commissioners Sandstrom, Ainas, Nelson, Bernards
and Wallerstedt. Voting against: none. The motion passed.
ADJOURNMENT
Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting
of the Planning Commission. The motion passed unanimously. The Planning
Commission adjourned at 9:02 p.m.
Chairman
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