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HomeMy WebLinkAbout1979 08-16 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 AUGUST 16, 1979 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Hal Pierce at 7:39 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki , Hawes and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska, Building Official Will Dahn and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - July 26, 1979 Motion by Commissioner Malecki seconded by Commissioner Erickson to approve the minutes of the July 26 meeting as submitted. Voting in favor: Chairman Pierce, Commissioners Hawes, Malecki and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79048 (Robert L. Adelmann) Following the Chairman's explanation, the Secretary introduced the first item of business, extension of a special use permit for Robert L. Adelmann to expand a car wash at 6501 Humboldt Avenue North. The Secretary explained that approval of a special use permit had been granted for the addition of two car wash bays to the existing car wash and service station on July 24, 1978. He also explained that car washes are special uses in the C-2 zone and that under the Zoning Ordinance, special uses which do not commence construction within one year of the date of Council approval must apply for an extension. The Secretary pointed out that the applicant has submitted a letter requesting the extension, citing financial reasons for the delay. The applicant states in his letter that he now has a firm arrangement for constructing additional bays and should begin soon. The Secretary noted that the original approval of the special use permit was granted on the condition that the construction of the two bays would be accompanied by a redesignation of parking spaces and the lining of the starm sewer with cast iron pipe. Commissioner Erickson asked whether there were any unusual conditions attaching to the application. The Secretary answered that the plans approved had not been certified by a registered architect which is required by the City Zoning Ordi- nance. He stated that the applicant is aware that the plans must be so certi- fied before building permits will be issued. CLOSE PUBLIC HEARING Chairman Pierce inquired whether anyone was present to speak to the application. ; There was no public comment. Motion by Commissioner Erickson seconded by Commis sioner Malecki to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes and Erickson. Voting against: none. The motion passed. In response to a question from Chairman Pierce regarding parking, the Secretary explained that the required parking had been increased to 25 stalls as a result of the addition, based on three spaces per service bay. The Secretary added that there would be no change in the existing curb cuts. 8-16-79 -1- Commissioner. Theis arrived at 7:48 p.m. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79048 (Robert L. Adelmann) Motion by Commissioner Malecki seconded by Commissioner Erickson to recommend approval of Application No. 79048, extension of the special use permit approval granted to Robert Adelmann for construction of two additional car wash bays at 6501 Humboldt Avenue North,subject to at least the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to current applicable codes prior to the issuance of permits. 2. The permit is issued to the applicant as operator of the facility and is nontransferable 3. Approval of the extension of the special use permit is subject to all of the conditions contained in the approval of Application No. 78044. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes and Erickson. Voting against: none. Not voting: Commissioner Theis. The motion passed. APPLICATION NO 79049 (Darrel Farr Development Corporation) The next item of business was Application No. 79049 submitted by Darrel Farr Development Corporation for preliminary plat approval to convert the Twin Lake Beach Apartment complex to condominiums. The Secretary pointed out that the complex is located near the southwest corner of Brooklyn Center, and is bounded by Robbinsdale on the south, Twin Lake Beach on the west, a single family resi- dential neighborhood on the north and Highway 100 on the east. The complex contains 122 apartment units and has no outstanding compliance orders against it for violations of the City's Housing Maintenance Ordinance. The units range in size from 730 square feet to 1 ,330 square feet. The Secretary indicated that on-site parking is provided partly by enclosed parking stalls within the building and that total parking meets current ordinance requirements of two spaces per unit. The Secretary explained that the creation of condominiums is to be effected in accordance with Chapter 515 of the Minnesota Statutes, the Condominium Act. The Condominium Law, he said, provides for the creation of real property by means of a teclaration" which, along with "any amendment or amendments thereto, shall be submitted to the platting authority of the governing municipality for review. (MS 515.15) The Secretary explained that the contents of the Declaration are to include a number of items in accordance with MS 515.11 , in- cluding a description of the land on which the building and improvements are located, a description of the building and its several apartments , a description of the common areas and facilities, and various other disclosure information required by the Act. The Secretary stated that the opinion of the City Attorney regarding the pro- visions of MS 515 is that it authorizes and regulates the creation and description of real property. As such, it falls under the City 's established platting procedure. The Secretary explained that the applicant considers the conversion . process to be a "change in the method of ownership" rather than a description of property, but has agreed to follow the City's platting process. A memorandum from the applicant's attorney to the City argues that the Condominium Law speaks of "review" of the declaration by the local platting authority, but not "approval:' The Secretary countered, however, that the City's position is' that approval is certainly implied in the Condominium Law since a review process without an accompanying approval would be meaningless . He also referred to an opinion from the City Attorney's office which indicates that the City has authority to approve the division of the property under Chapter 15 of the City's Ordinances apart from Chapter 515 of the Minnesota Statutes. 8-16-79 1 -2- The Secretary then reviewed the plat. The preliminary plat contains 122 lots and one common area. It consists of a set of building plans for the original construction of the Beach Apartment complex and a survey of the land presently known as Lot 1 , Block 1 , Twin Lake Beach Addition. The Secretary added that the final plat will consist of an as-built survey of the existing land and buildings as verified by a registered architect and a licensed professional engineer, or registered land surveyor. The Secretary also stated that the applicant has filed with the City a "Declaration establishing a plan for apart- ment ownership" in accordance with the provisions of Chapter MS 515.11 . In addition, he said, the applicant has agreed to file with the City and to disclose to all apartment owners or interested buyers a_ statement by a registered architect as to the structural condition of the buildings and of each uni.t. Commissioner Erickson asked whether there have been any other conversions to condominiums in Brooklyn Center. The Secretary answered that this is the first such conversion. Commissioner Hawes commented that articles in the Minneapolis Tribune indicate that conversion to condominiums has put a squeeze on the avail- able rental units. He asked what the vacancy rate was for Brooklyn Center. The Secretary answered that he was not sure of the precise vacancy rate in Brooklyn Center, but estimated that it was about 21-A with a turnover rate of about 6%. Commissioner Hawes questioned whether an ordinance should be adopted to control this process. The Secretary responded that staff is looking at that question. He stated that staff has been concerned that units rented during the conversion process be kept up to the standards of Chapter 12 of the City's Ordinance (the Housing Maintenance Ordinance) and that the City maintain variety in its housing stock. Commissioner Hawes asked whether money had been made available to help in pro- viding Tow cost housing. The Secretary answered that the Brooklyn Center HRA, which consists of the City Council , was created only within the past few years and that not enough money has been generated by the authorized millage to under- take HRA projects. He cited other housing programs for low and moderate income people, among them Section 8 Rent Assistance and MHFA Home Improvements Grant and Loan Programs. Commissioner Erickson asked when an ordinance would be ready and what it would contain. The Secretary explained that staff is looking at the condition of the units and whether structures could be brought up to present code, although this was not likely. Commissioner Hawes asked how the conversion to condominiums would affect the City's tax base. The Secretary answered that each unit is worth much more as a condominium than when it is assessed as a rental unit and that even though condominiums could receive a homestead property tax credit, the net effect would seem to be that the City's taxable value would increase. Chairman Pierce asked whether disclosure of information about the mechanical systems in the building as well as the structural aspects is required under the Minnesota Law. The Building Official answered that he was checking into this, that structural review should be comprehensive. He added that he did not see many problems with The Beach Apartment complex and, therefore, was not too concerned in this instance. Chairman Pierce asked whether the City would require the buildings to be brought up to code or whether it could only require a disclosure of conditions. The Secretary answered that the City could only require a disclosure. Commissioner Hawes asked whether there would be any way of regulating conditions in condominium complexes or would this be left entirely up to a condominium association. The Secretary answered that the Housing Maintenance Ordinance would be applied to any rental units as long as the conversion process was still going on. Responsibility for the units would belong to the residents in the complex once 60% of the units were sold. 8-16-79 -3- Commissioner Hawes expressed concern over dealing with an association of 122 owners he asked for a reaction on that prospect. The Secretary stated that, if necessary, the City could take the Association to court for not upholding the '- Housing Maintenance Ordinance during the conversion. The Secretary compared the Beach complex to The Ponds townhouse project stating that The Ponds has more units by far to deal with. Chairman Pierce then called on the applicant to speak. The applicant's attorney, Mr. James Druck, gave the Commission a brief explanation of the conversion process which he and Darrel Farr Development Corporation have gone through in other muni- cipalities. He first stated that the conditions required by the Secretary are acceptable to the applicant. He explained that State Law requires a disclosure of mechanical , electrical and plumbing systems as well as structural conditions of the building. The market value of condominium units, he said, is two to two and one-half times as high as their value as apartment units. As to the in- dividual owners of condominium units being insulated from City requirements, he stated that each unit is liable to meet the City's codes the same as a single family dwelling. In turn, the managers of the complex would be responsible for executing the maintenance requirements. Mr. Druck explained that the Condominium Association has the power to assess apartment owners for improvements just as a City must assess individual homeowners and he added that the assessments of the Condominium Association actually are more binding in a legal sense than the City 's assessments . On the one hand, the City does not have to deal with 122 people over repairs and yet the liability for making those repairs is split 122 ways. In response to a question from Commissioner Hawes, Mr. Druck stated that the Homeowner's Association would have to be bonded. Commissioner Hawes asked whether the normal procedure is for a single lending institution to handle the financing for the whole project. Mr. Druck answered that while it is not common for each unit to be financed individually, it is also not likely that one bank would finance the whole project. He mentioned that National Finance organizations which are active in the secondary mortgage market are being looked to for fin- ancing such as the Federal National Mortgage Association. Commissioner Theis asked what condition would be made for renters who cannot move at the time their unit is sold. Mr. Druck answered that tenants 55 years of age, or older, would be given up to two years from the time the conversion process started, and that any existing lease would be honored until its termi- nation. Commissioner Theis expressed concern for those who did not want to convert by buying their apartments. Mr. Druck explained that the conversion procedure set up would give tenants a 60 day notice before they would have to be out. Mr. Ray Cunningham, also representing the applicant, added that those over 55 years of age have the option of signing a lease for an additional year after their present lease expires. In response to another question from Commi- ssioner Theis, Mr. Cunningham stated that he hoped the 60% sales goal would be reached by next spring. Commissioner Hawes asked whether Twin Lake Beach is considered part of the common area. Mr. Druck answered that everything except the space within the walls, ceilings and floors of the individual units would be considered common area. The Secretary added that the area referred to by Commissioner Hawes is City property at present. Commissioner Erickson asked whether Darrel Farr has accomplished any other . conversions. Mr. Druck answered that he has, citing Strawberry Commons as an example, which has received commendation by the Metro Council,. Chairman Pierce noted that the City has situations where homeowners are a minority for a long period of time and can never take control of the complex for their own benefit. Mr. Druck responded that the proposed project would not leave any land left 8-16-79 -4- undeveloped and that under the bylaws of the Association, Mr. Farr would pay dues in proportion to his ownership in the complex. The Secretary commented that the conversion of the apartments to condominiums does not change the zoning of the units and that the same restrictions would apply concerning home occupations and other uses on the property as exist in other R5 complexes. CLOSE PUBLIC HEARING Chairman Pierce opened the meeting for a public hearing. Noting that no one was present to speak on the application, he called for a motion to close the hearing. Motion by Commissioner Hawes seconded by Commissioner Theis to close the public hearing. Voting .in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes and Erickson. Voting against: none. The motion passed. Commissioner Erickson then asked how long it would be before an ordinance to deal with condominium conversion would be adopted. He also questioned whether the present application should be approved prior to such an ordinance. The Secretary answered that he did not feel the present application should be delayed and that it might in fact, be beneficial to.-experience a conversion before adopting an ordinance to regulate it. Commissioner Hawes inquired whether berming or screening would be required at this time since the property is changing hands. The Secretary answered that he was npt aware of a screening requirement not met by the present development. Commissioner Hawes mentioned screening or berming around the apartment complex as an example. The Secretary responded that screening is only required when an apartment complex abuts Rl , R2 or R3 property at other than a street line and noted that the parking lot is appropriately screened from view. Commissioner Hawes: inquired about any additional landscaping needs . The Secretary answered that there are no deficiencies from the original plans and added that the bond held by the City for improvements to the site had been released. The Building Official added that the last site review he made of the project showed more plantings on the site than required by the approved plans . Chairman Pierce asked about smoke detectors. The Building Official explained that smoke de- tectors would be required in all multiple complexes as of January 1 , 1980, and that Minnesota Law requires one smoke detector in each apartment unit. Chairman Pierce asked whether common areas would be restricted as to use. The Secretary cited garage areas as an example of partial restrictions on common area. Com- missioner Hawes asked whether there was need for more parking on the site. The Secretary answered that the complex meets the ordinance requirement of two spaces per unit. Commissioner Hawes asked whether there would be any restrictions on outside storage of vehicles such as boats or recreational vehicles. The Building Official answered that he was not aware of any restrictions. Mr. Druck added that such uses would be restricted by the Homeowner's Agreement. Commissioner Theis noted that the Homeowner's Association could change their own covenant to allow looser standards. He advised that the City not rely on private covenants to solve problems that may arise in condominium complexes . Mr. Druck responded that it takes a 75% majority to eliminate a restriction in the bylaws. In response to a question from Chairman Pierce, the Building Official stated that if structural deficiencies exist in the common facilities which could affect public safety, the City would require repairs . ACTION RECOMMENDING APPROVAL OF APPLICATION NO 79049 Darrel Farr Development)) Motion by Convnissioner Hawes seconded by Commissioner Theis to recommend approval of Application No. 79049, preliminary plat approval for The Beach Condominium complex, subject to the following conditions: 8-16-79 -5- 1 . The final plat is subject to approval by the City Engineer.. 2. The final plat is subject to the provisions of Chapter 15 of the City's Ordinances. 3. The "Declaration" and other disclosure materials are subject to the review and approval of the City Attorney prior to final plat approval . 4. The statement concerning the structural , mechanical , electrical and plumbing condition of the buildings and each unit is subject to the approval of the Building'Official . 5. The City's Housing Maintenance Ordinance shall apply to all buildings and any affected units so long as there are rental units remaining in the complex. 6. An as-built survey of the property certified by a registered architect shall be submitted prior to approval of the final plat. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes and Erickson. Voting against: none. The motion passed. commissioner Theis asked whether the Planning Commission has received a consensus' on the need for an ordinance to regulate the conversion of apartment complexes to condominiums in Brooklyn Center. The Secretary stated that staff has had several discussions on the subject although it has nothing to offer in writing at this time. He stressed the fact that different cities treat the process differently. Commissioner Hawes asked whether a two family building could be split and sold as condiminiums. Chairman Pierce stated that it would seem to be possible if the units were sold separately, but the common ground was un- divided. The Secretary agreed with that hypothesis. In response to Chairman Pierce, the Secretary stated one purpose of City policy regarding condominiums might be to adopt a policy setting a certain percentage of the housing stock as rental and to deny conversions which would breach that desired minimun. Commissioner Malecki encouraged the staff and the rest of the Commission to deal with the question before too many conversions took place. APPLICATION NO 79050 (Farmers & Mechanics Savings Bank) The next item of consideration was Application No. 79050, site and building plan for a 5,885 square feet walk-in and drive-up banking facility at the corner of Xerxes Avenue North and Northway Drive, The Secretary pointed out that the site is bounded on the north by a single family residential neighbor- hood, on the west by vacant ClA zoned property, on the south by Northway Drive and the Super Valu Store, and on the east by Xerxes Avenue North. The Secretary noted that the land is zoned C1A and that financial institutions are a permitted use in that zone. The Secretary stated that access to the bank is provided by a curb cut (with no accompanying median cuts) off Xerxes Avenue North at the northeast corner , of the site, and by two curb cuts. along Northway Drive. An exit-only cut onto Northway Drive is proposed for the drive-through teller facility on the west side of the building. All curb cuts are 30 feet wide with the exception of the cut at the southwest corner of the site onto Northway Drive. The Secretary stated that the plan indicates 71 parking stalls on the east portion of the site and an additional 30 stalls for employees and overflow parking on the west portion of the site. This far exceeds the ordinance requirement of one stall per 200 square feet or about 29 stalls, with a l6 foot oneway lane leading e said. The et noted that from driving lanes are 24 feet throug hout 8-16-79 -6- the west parking lot. Setbacks are 35 feet from public right-of-way and 15 feet from the residential neighborhood to the north. The parking lot setback along the west property line is 10 feet. The Secretary pointed out on a transparency that the drive-through teller facility will have six lanes under a 28Z foot wide canopy with a seventh teller lane possible for higher vehicles and an optional drive-by lane. He noted two handicapped parking stalls are proposed at the entrance to the bank with an open ramped stall between them. The Secretary pointed out for the Commission the appropriate berming along Xerxes Avenue North and Northway Drive to screen parking areas. A 6 foot high cedar privacy fence will be erected along roughly the entire length of the north property line in accordance with ordinance requirements. The Secretary in- dicated that plantings for the site include two and one-half inch Russian Olives along the north greenstrip with numerous junipers indicated along the north edge of the site and along the building. Other plantings include Jackmans, Potentilla, Japanese Lilac, Redtwig Dogwood, Amur Maple, Japanese Spreading Yew and Golden Mochorange. The Secretary pointed out that the east portion of the site is to be served by eight light standards. The Secretary pointed out that drainage on the site is generally towards the southeast. fie noted that there are three catch basins along Northway Drive and that four are planned on the site to handle run-off. In response to a question from Commissioner Hawes, the Secretary indicated that the lights illuminating the site should not shine into neighboring resi- dential property. Commissioner Hawes suggested that the parking lanes at the east side of the building should perhaps be one-way in order to direct traffic. Mr. Steve Haasl , the architect for the project, conceded that confusion is possible under the present plan and stated that he is willing to alter the park- ing layout to show one-way stalls. Commissioner Theis asked how much stacking would be provided in the area of the drive-up tellers. Mr. Haasl estimated that the drive-up area could accommodate four cars per lane, or 24 cars for six lanes. Commissioner Hawes asked whether the facility would be a full service bank. Harvey Miles of Farmers and Mechanics Savings Bank answered that it would not be a complete full service bank. He noted that it would only take in appli- cations for loans and that closings would not take place at the bank. In a discussion of landscaping, the Secretary stated that the alternatives for the west portion of the parcel were either to pave it for use as a parking lot or to provide a total landscape treatment. The Commission then discussed drainage on the site and the Superintendent of Engineering advised that the conditions of approval include a standard utility maintenance agreement provision. He also stated he did not think 30 foot driveways were necessary in most cases. Mr. Haasl stated that he had originally proposed 24 foot curb cuts, but felt the 30 foot width would ease turning movements. During a further discussion on the width of curb cuts, Mr. Haasl was encouraged to discuss the matter further with the Superintendent of Engineering and arrive at an agreement. Commissioner Hawes asked whether the facility would have an automatic teller. Mr. Haasl answered that there would be a 24 hour automatic teller operating from inside the faiclity and located at the main entrance. 8-16-79 -7- ACTION RECOMMENDING APPROVAL OF APPLICATION NO 79050 (Farmers & Mechanics Bank Motion by Coi711115sioner Erickson seconded by Commissioner Hawes to recommend approval of Application No. 79050, site and building plan approval for a 5,885 square foot remote walk-in and drive-up bank facility located at the corner of Xerxes Avenue North and Northway Drive, 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire extingu- ishing system to meet NFPA Standard No. 13 and shall be con- nected to a central monitoring device in accordance with Chapter 5 of the City Ordinances . 5. All outside trash disposal and/or rooftop mechanical equipment shall be appropriately screened from view. 6. B-612 curb and gutter shall be provided around all parking and driving areas. 7. An underground irrigation system shall be provided in all land- scaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 9. Plan to be modified to show angle, one-way parking before City Council approval . 10. Curb cut widths are subject to final approval by the City Engineer. 11 . A standard utility maintenance agreement, approved by the City Engineer, shall be executed prior to the issuance of permits. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Theis and Erickson. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:32 p.m. and resumed at 9:49 p.m. APPLICATION NO. 79051 (Brooklyn Center Industrial Park) , The Secretary introduced the next item of business, a request for a subdivision , of Tract N, R.L.S. No. 1325 into Tracts A and B of a new R.L.S. The Secretary pointed out that the land in question is located southerly of John Martin Drive, northwest of Perkins Restaurant, north of the new American Family Insurance Building, northeast of Northwestern Bell property, southeast of State Farm Insurance and southwest of LaBelle's . The proposed R.L.S. will create Tract A. which would be 69,453 square feet and Tract B which would be 59,049 square feet. 8-16-79 -8- The Secretary noted that Tract B is the site of a Berger Brothers Sporting Goods Store recently approved by the City Council and Tract A.is proposed for use by a St. Louis Park Medical Clinic. The Secretary stated that a common access agreement is proposed to serve both developments . He also indicated that a 15 foot utility and drainage easement exists along the southeast side of Tract B to service the A. F. I. A. property to the south. There was a brief discussion regarding the drainage and utility easement and a common driving and access agreement. Chairman Pierce asked whether the appli- cant had anything to add. Ms . Robin Jacobson, representing Brooklyn Center Industrial Park stated that she had nothing to add to the Secretary's presentation. CLOSE PUBLIC HEARING Chairman Pierce opened the meeting for a public hearing. When no one spoke to the application, he called for a motion to close the public hearing. Motion by Commissioner Erickson, seconded by Commissioner Malecki to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Theis and . Erickson. Voting against: none. The motion passed. Chairman Pierce asked the Superintendent of Engineering if everything was in order for the R. L. S. The Superintendent of Engineering responded favorably. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79051 (Brooklyn Center Industrial Park Motion by Commissioner Malecki seconded by Commissioner Theis to recommend approval of Application No. 79051 , preliminary approval of an R.L.S. to divide Tract N of R.L.S. No. 1325 into Tracts A and B of a new R.L.S. , subject to the following conditions: 1 . The final R.L.S. is subject to review by the City Engineer. 2. The final R.L.S. is subject to the requirements of Chapter 15 of the City Ordinances. 3. Joint access, common driving and maintenance agreements between the owners of Tracts A and B as approved by the City Engineer shall be filed with the title to the property. 4.. A 15' drainage and utility easement along the southeast property line for use by the property at 5901 John Martin Drive shall be filed with the title to the property. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79052 (Cass Screw Company) The next item of consideration was site and building plan approval for a 60' x 100' addition to the existing Cass Screw manufacturing plant at 4748 France Avenue North. The Secretary pointed out that the property is zoned I-2 and is bounded by France Avenue on the west, by 48th Avenue on the north, by heavy pdustrial use on the east and by Outlots 1 , 2 and 3 of Ryan Lake Terrace Addition on the south. The addition is proposed for the east side of the building by extending the present south wall line, 25 feet from the south property line. The Secretary noted that the additional 7,200 square feet of space will be used primarily for storage with some space used for manufacturing, both permitted uses in the I-2 zone. 8-16-79 -9- The Secretary indicated that the applicant also proposes to install a newly paved parking area with 46 parking stalls. The plan shows 13 additional stalls on the site for a total of 59. The Secretary standtone ordinance feet of of one stall per 200 square feet of office p ace industrial space would result in 55 required spaces for the entire site. The Secretary pointed out that the proposed addition includes a single truck dock on the east end of the north wall . He also noted a 20 foot roof overhang proposed on the north side of the addition for covered outside storage and for the dock area. He commented that an illegal driveway leading onto 47th Avenue North will be closed and all truck access will be primarily off 48th Avenue North. He explained that the semis which use the west dock off France Avenue North will be brought onto 48th Avenue away from the residential area. The Secretary pointed out that the plans indicate elimination of nonconforming parking on 48th Avenue North and construction of a new parking lot on France Avenue North. Three light standards are indicated along the east portion of the site and an 8 foot high wood fence is proposed on the south side of the parking lot consistent with the building setback line of 25 feet. Drainage on the east portion of the site, the Secretary explained, is to be handled by a gutter running along a line consistent with the west edge of the new parking lot. The Secretary explained that the existing Cass Screw facility is nonconforming as to structure, but not use. The City has allowed nonconforming structures to expand along current ordinance. setback lines. Because the addition to the building wall will require a variance from such setbacks possibly even an ordinance amendment, the Secretary recommended that this application be tabled until the setback issue is resolved. In response to a question from Chairman Pierce, the Superintendent of Engineering explained that the area designated as a pond will serve basically as a flood pool . Commissioner Hawes then asked for a clarification as to the traffic pattern to be used by semi trailers coming in to the new dock. He also asked whether outside storage would be permitted. Chairman Pierce answered that outside storage is allowed in the I-2 zone. Commissioner Erickson asked whether the same problem would be created on 48th Avenue North as exists on France Avenue North now. The Secretary explained that 48th Avenue North is basically an industrial cul-de-sac and would be much more appropriate for handling truck turn-arounds than France Avenue North. In response to a question from Commissioner Theis regarding the illegal driveway onto 47th Avenue North, the Secretary pointed out the location of the existing driveway and explained that the existence of seven five foot wide outlots along the north side of 47th Avenue North has prevented legal access by industrial uses to the north. The Secretary also noted that the site would be landscaped throughout with an underground irrigation system, an 8 foot high wood fence, and that the project in general would eliminate a number of the bad aspects on the site. A brief discussion then ensued regarding the new plan for France Avenue North and the alterations to the site that would result from the taking of property. e APPLICATION NO. 79053 (Cass Screw Company - Variance) The Secretary .then introduced the application for a variance of 75 feet from the required 100' buffer strip where I-2 and R-1 abut at a property line. The Secretary explained that the variance is in conjunction and complies to site and building plan approval for a 60' x 120' addition to the existing Cass Screw plant along the present 25 ft. setback line. The Secretary noted that the 8-16-79 -10- applicant has submitted a letter explaining his reasons for a variance in which he makes the following arguments: 1 . The building would not be as efficient if the addition must be be set back more than 25 feet. 2. The addition will align with the existing building and both will be kept free of openings. �3. The character of the neighborhood would not be changed. 4. There is ample separation between the apartments and Cass Screw plant. The Secretary then showed the Commission where the outlots were located and explained their RI zoning. The outlots were included in the approved plat of the Ryan Lake Terrace Addition, Planning Commission Application No. 60115, for the purpose of denying access onto 47th Avenue North of any industrial traffic from existing or potential uses to the north. The Secretary commented that their existence has effectively barred industrial developments access onto 47th Avenue North even though 47th Avenue is a public street. * The Secretary explained that when the Ryan Lake Terrace property was first zoned for apartments in 1962, the entire plat, including the outlots, was zoned RB (a general apartment zone) . In 1968, he went on, the entire Zoning Ordinance was revised and the description of land included in the R5 district was changed to read: "Lots l through 7, Block 1 and Outlot 8, Ryan Lake Terrace Addition." Thus, Outlots 1 through 7 were omitted and failing to appear in any other district and:.must -be .consi.dered R1 properties. He added that staff can find no documentation of intent for this rezoning. The Secretary explained that the Outlots abut the Cass Screw plant at a property line not a street line. For this reason, he said, the ordinance required buffer is 100 feet from R1 property rather than 50 feet when abutting Rlthrough R7 across a street. The Secretary noted that the Comprehensive Plan speaks to this location in the following terms: encourage "cleaning up of the industrial area near Ryan Lake specifically outdoor storage of materials and equipment, thereby improving the visual appearance of the area for the benefit of the apartment dwellers directly to the south. A proposed zoning map included in the Comprehensive Plan, however, shows the R5 zoning district line running along the north side of 47th Avenue. If the intent of the plan were to change the zoning to R1 , the Secretary stated, it would seem logical to show the zoning line on the south side of 47th Avenue North where it is now. The Secretary explained that if the Outlots were zoned R5, the setback requirement would be only 10 feet from an interior lot line. Likewise if the lots were zoned I-2 or any other zone except R1 , R2 or R3, which required a 100 foot buffer greenstrip. The Secretary added that the previous owner of the Outlots in question has indicated that the zoning of the outlots was never taken into consideration in the platting or the rezoning of the Ryan Lake Terrace Addition. Moreover, the City Attorney has indicated that an R1 zoning is "unreasonable" since the lots are not even buildable. 8-16-79 -11- In light of the unique circumstances surrounding the parcel the Secretary recommended that the Planning Commission take the following actions: 1 . Make a finding that the R1 zoning of the Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional . 2. That the intent of the Outlots is to limit or prevent access onto 47th Avenue North from the industrially zoned property. 3. That for setback purposes the Outlots should be considered to be what they would be used for under normal circumstances, namely, public right-of-way The Secretary indicated that if the above findings were made, the above variance would seem to meet the ordinance criteria of uniqueness, hardship and compatible with surrounding land uses. A variance based on the above stated findings, however, would be only 50 feet rather than the 75 feet which the applicant seeks. The Secretary encouraged the Commission to- consider recommending an ordinance amendment which reduce the setback of industrial property located across the street from property zoned R4 to R7 from 50 feet to 25 feet. He pointed out that the City's present ordinance is inconsistent in its treatment of industrial property abutting apartments at a property line and at a street line. He ex- plained that if an industrial use were to abut an R5 use at a property line, the industrial setback would be only 10 feet from the property line. And yet, when the same use is located across the street from an R5 use, the setback is required to be 50 feet. Chairman Pierce commented that the ordinance is clearly inconsistent. Commissioner Theis asked what the setback would be if the outlots were zoned con- sistent with the neighboring property to the north. The Secretary answered that the setback would be only 10 feet since it would consist of an interior sideyard setback with no special buffer provisions. Commissioner Hawes asked what the outlots should be zoned. The Secretary advised that the outlots be left zoned Rl , but that for setback purposes, they be treated as if they were public right- of-way. The Secretary then read a proposed ordinance amendment to Section 35- 413 Subsection 1 which would provide that if industrial abuts R1 , R2 or R3 at a property line, a 100 ft. buffer would be required. If an industrial use abutted any other residential or commercial zone at a property line, then regular setbacks would apply. And if industrial use abutted any R4, R5, R6 or R7 use across the street, the setback would be 25 feet. In response to a question from Commissioner Hawes, the Secretary clarified that there would be no change in the buffer provisions between R1 , R2 and R3 and industrial uses. Chairman Pierce asked what ,areas would be affected by the ordinance change. The Secretary answered that he could only find three areas that would be affected by the ordinance change: along 47th Avenue North, at Davies Water Company, and across the street from Mikros Engineering. He noted that the ordinance change would have no effect on the Industrial Park where abutment is at a property line. He did suggest, however, that the Commission might want to consider enlarging the setback between industrial use and R4 through R7 at a property line. Commissioner Theis commented that this approach seemed reasonable. The Secretary pointed out that some nonconforming situations would result ion the Industrial Park if the setback at the property line were increased. Chairman Pierce cited Hiawatha Rubber as an example of a use, which, if it is expanded, would likely encroach into the proposed setback area. , 8-16-79 -12- The Building Official commented that to his knowledge only Hiawatha Rubber and Spec. 7 would become structurally nonconforming if a 25 foot setback were applied along their property lines abutting multiple residential uses. Chair- man Pierce noted that the pole yeards would also be affected by the proposed ordinance amendment if it included abutment at a property line. The Secretary summarized the issue by saying that if the Commission felt a 25 foot setback across the street is adequate when an industrial use abuts a multiple use, then an ordinance amendment should be recommended. If, on the other hand, the Commission feels a 50 foot setback is necessary, then that standard should be applied to Cass Screw Company and to every other use which backs up to 47th Avenue North as the case arises. Chariman Pierce inquired how Cass Screw had been allowed 'to build within 25 feet in the first place. The Secretary answered that he could not explain that since the old ordinance required an industrial use to provide a 100 foot buffer when located across the street from a residential district. The Planning Assistant suggested that the term residential -district perhaps applied to what was then the equivalent of R1 and R2 and was not intended to encompass the RB or residential/business district. In that case, a standard side corner yeard setback may have been applied. Commissioner Theis observed that everything seems to hinge on considering the outlots the same as public right-of-way. The Secretary agreed stating that that finding has to be made in order to justify any kind of variance from the 100 foot buffer strip requirement. Chairman Pierce stated that any additional buffer beyond the 25 foot setback seems unnecessary in this area. The Secretary stated that the clearest way to establish 25 feet as the appropriate setback is to pass an ordinance amendment reducing the industrial setback across a street from R4 through R7 from'50 feet to 25 feet. Otherwise, he said, a rezoning of the lots to R5 would allow the industrial uses on the north side of 47th Avenue North to come within 10 feet of the property line. PUBLIC HEARING Chairman Pierce then opened the meeting for a public hearing. The Secretary mentioned that he had talked with the owner of the apartment located across the street from Cass Screw and that the only concern she had voiced about any addition to the plant was the removal of the illegal driveway. At that point, Mr. Kuebelbeck, the applicant's architect, stated that he and his client would obviously like to build within 25 feet, but can sympathize with the problem of deciding the future of other I-2 properties between 47th and 48th Avenues North. Mr. Kuebelbeck confirmed for Chairman Pierce that the addition would be constructed of concrete block with the existing building. Commissioner Hawes asked whether the dock door facing France Avenue North would be abandoned. Mr. Kuebelbeck answered that shipping functions would continue to operate out of the France Avenue dock, but that receiving would be on 48th Avenue North. Mr. Greenwald, of Cass Screw Company, gave a brief description of the internal workings of the plant and the reasons an internal hardship would result if the building had to be set back 50 feet. Chairman Pierce asked the Commission whether they all agreed the Rl zoning of the outlots was unintentional . They all agreed that the Rl zoning of the .outlots was unintentional . Chairman Pierce encouraged the Commission to think about the proposed ordinance amendment and be ready to make a decision on the entire issue at the August 30 meeting. The Secretary reminded the Commission that they should also consider making certain findings prior to recommending approval of any variance. These would include: that the R-1 zoning was unintentional ; that the purpose of the outlots 8-16-79 -13- is to prevent access; that for setback purposes the outlots should be treated as public right-of-way. ' Commissioner Theis stated that he had a problem with the current zoning of the outlots'. A discussion ensued over the effects of rezoning the outlots as far as setbacks. The Secretary explained that unless the outlots are zoned R1 , R2 or R3, the setback would be only 10 feet. Commissioner Hawes wondered how the property owners felt about the zoning of the outlots. Chairman Pierce remarked that since all the industrial uses are to within 25 feet at this time it seems logical to.change the requirements to 25 feet. The Secretary added that the term "face" used in Section 35-413 should be changed to "abut" to clear up any potential misunderstanding of the meaning of. the provision. In answer to a question from Chairman Pierce, Mr. Greenwald of Cass Screw, stated that the building had originally been built in 1960 with an addition built within 25 feet of the outlots in 1965. Chairman Pierce stated that he preferred not to vote on the proposal at this time, although he considered the 25 foot setback adequate for the entire block. Other Planning Commissioners agreed with the Chairman's assessment. Chairman Pierce also encouraged the applicants to place the fence on the property line rather than along the building setback line. CLOSE PUBLIC HEARING Motion by Commissioner Hawes seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, and Erickson. Voting aginst: none. The motion passed. ACTION TABLING APPLICATION NOS. 79052 and 79053 (Cass Screw Company) Motion by Commissioner Erickson seconded by Commissioner Hawes to table Appli- cation Nos. 79052 and 79053,site and building plan and variance, for an addition to the Cass Screw plant at 4848 France Avenue North with direction to staff to reword a proposed ordinance amendment dealing with industrial buffers across from multiple family residential uses. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, and Erickson. Voting aginst: none. The motion passed. Mr. Kuebelbeck explainpd to the Commission that his client is working-on a schedule and asked whether the application were likely to be approved. Chairman Pierce answered that it was necessary to settle the setback question first before approving a plan. There followed a brief discussion of the schedule to be followed in approval of plans, approval of revenue bond financing, and amendment of the City's Ordinance. DISCUSSION ITEMS The Secretary presented the Commission a revised version of an ordinance amend- ment dealing with freestanding identification signs for large apartment complexes. . Chairman Pierce commented that Commissioner Lucht is not present at the meeting and would probably like to make comments on the proposed Sign Ordinance amendment. Commissioner Erickson stated that the draft meets the Planning Commission concerns as voiced at the last meeting. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT 79- Motion by Commissioner Malecki seconded by Commissioner Theis to recommend adoption of an ordinance amending Section 34-140 3 C (3) regarding freestanding identification signs in the R-3 through R-7 zoning districts. 8-16-79 -14- CITY OF BROOKLYN CENTER ORDINANCE 140. 79- AN ORDINANCE AMENDING CHAPTER 34 REGARDING FREESTANDING SIGNS FOR R3 THROUGH R7 DISTRICTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended to read as follows: Section 34-140 3C (3) . " 'Cluster developments or complexes in R3 through R7 districts involving three or more buildings and not less than 36 dwelling units [may have one freestanding identification sign with a maximum area of 36 square feet at each major entrance to said development or complex, not to exceed a total of two signs. Such sign(s) shall not extend more than ten feet above ground level .] shall be entitled to one of the following options at each major entrance, not to exceed a total of two entrances : (1) One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level . (2)' Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than 5 feet above ground level . Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1979. Mayor ATTEST Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter) . 8-1649. -15 Voting favor: Chairman Pierce', Commissioners Malecki , Theis, Hawes and Erickson. Voting against: none. The motion passed. The Secretary then gave the Commission a brief progress report on the Charlson Plat and stated that the City Council had adopted Alternative Four in the BRW report as its preferred development option and had also adopted the policy for median cuts along Shingle Creek Parkway. The Secretary also mentioned that there has been considerable citizen reaction to the approval of the P. J. Gaughn project at 68th and France Avenues North. He explained that neighbors in the area are concerned about the subsidized townhouse units, but he added that the City could not deny the development proposal on the basis of it being subsidized development. He notified the Planning Commission of an informational meeting on Monday, August 20, 1979 in the City Council Chambers to meet with the neighborhood to discuss the proposal . ADJOURNMENT . Motion by Commissioner Erickson seconded by Commissioner Hawes to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commis- sioners Malecki , Hawes, Theis and Erickson. Voting against: none. The motion passed. The Planning Commission adjourned at 11 :55 p.m. C airm n 8-16-79 -16-