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HomeMy WebLinkAbout1979 09-13 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 SEPTEMBER 13, 1979 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chair- man Hal Pierce at 7:39 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki , Hawes, Manson and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - August 30, 1979 Motion by Commissioner Hawes seconded by Commissioner Manson to approve the minutes of the August 30 meeting as submitted. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes , Manson and Erickson. Voting against: none. The motion passed. APPLICATION NOS. 79055 and 79056 (Edwin Kauffmann/Village Builders) Following the Chairman's explanation, the first item of business was Application Nos. 79055 and 79056, rezoning to R3 and site and building plan approval for a townhouse complex on existing Cl property at the southeast corner of Logan and 58th Avenue North. The Secretary pointed out that the land in question is slightly less than an acre in size and is bounded by the Northbrook Shopping Center on the west side of Logan Avenue, by an apartment complex on the north side of 58th Avenue North,by single family homes on the east and by a 75 foot wide NSP private utility easement on the south. The Secretary explained that the applicant proposes to replat the area to provide for four two unit buildings with individival lots of 34 ' x 96' for each of the eight units. The remainder of the land would be used for common area. The Secretary stated that the total land area of the site is 39,643 square feet and that at a density of eight units per acre, the parcel can accommodate 7.34 R3 type units . He noted, however, that the applicant proposes to utilize tuck- under garages which, under Section 35-400 of the Zoning Ordinance, could entitle the builder to a credit of 500 square feet per garage space. With the tuck-under garages, therefore, the density allowable in excess of eight units. The Secretary then reviewed a letter submitted by the applicant outlining how he feels the proposal meets the Rezoning Evaluation and Review Guidelines . In it the applicant argues that the rezoning request meets all of the relevant evaluation guidelines in the following ways: 1 . The proposed rezoning will provide additional housing units in the City of Brooklyn Center and the Earle Brown School District at a cost lower than traditional single family homes because of the density and construction costs savings. 2. The proposed zoning is consistent and compatible with surrounding land use classifications and provides for an excellent transition zoning buffering the existing Rl zoned properties to the east from the C2 zoned Northbrook Shopping Center to the west. 3. All permitted uses in the R3 zoning district can be con- templated for the development of the subject property. 4. The property can bear fully the ordinance development restrictions for the proposed zoning district. 9-13-79 -1- 5. The parcel is unsuited for the present commercial zoning since it does not abut or have exposure to a major thoroughfare. For this reason it seems more suitable for residential development than commercial . 6. The proposed zoning is warranted because it provides a good transitional zone and buffering for the existing single family homes easterly of the site and because it will provide additional lower cost housing to replace some of the dwelling units lost to the City and the Earle Brown School District due to freeway construction. The Secretary explained that the preliminary recommendation of the Planning Consultant for this pa rcel is a down zoning to R1 . Relative to R3 development, the Planning Consultant considers that a minimum of 15 units is usually required for a development to break even and, therefore, smaller tracts in the City were not considered appropriate for R3 zoning. The Secretary noted, however, that the present Comprehensive Plan encourages 1 to 12 storey apartment buildings as a transition between the Northbrook Shopping Center and nearby single family housing to the east. He stated that staff considers the present Cl zoning to be inappropriate and that a down zoning of the property to a residential use would be more suitable for this location. Beyond this there does not seem to be any major conflict with the Guidelines for Evaluating Rezonings. The Secret- ary recommended that the Commission, following review and discussion of the proposal and the holding of a public hearing, table the application and refer it to the Southeast Neighborhood Advisory Group for further review and- comment. The Secretary then briefly reviewed the site and building plans for the eight unit townhouses complex proposed for the site to be rezoned at 58th and Logan Avenues North. The Secretary explained that each individual unit will be 24 feet by 46 feet. Interior lots are proposed to be 34 feet by 96 feet and corner lots 29 feet by 96 feet. individual driveways off Logan Avenue are proposed. The Secretary pointed out that the east portion of the site is designated for common area and that a four foot high opaque screening device (fence or shrub row) will be placed along the east property line. He noted that all setback and buffer requirements would be met by the proposed plan. The Secretary mentioned that there is some unclarity regarding the exact location of the east property lines since recent surveys indicate that fences for single family homes to the east are located on the Northbrook Estates property. In most other respects, he said the development resembles a single family home subdivision. Utilities for each unit are provided from Logan Avenue. The Secretary recommended that the Commission table the site and building plan application until the question of the rezoning is resolved. Chairman Pierce asked for comment from the Superintendent of Engineering. The Superintendent of Engineering stated that aside from the number of curb cuts, he had no problem with -the design of the project. Chairman Pierce suggested that the number of curb cuts could perhaps be reduced to four by combining the driveways for each individual building. Commissioner Hawes questioned why a common area was needed at all , suggesting that the property lines for each individual unit extend to the rear property line of the Northbrook Estates. The Secretary answered that the Homeowners ' Association is generally re- sponsible for maintenance for the common areas and individual lots as well , and that it would make little difference as far as maintenance is concerned. Commissioner Hawes stated that he did not see the need to rely on a Homeowners ' Association. The Secretary pointed out that another option is to rezone the property R2, rather than R3. He noted, however, that the present plan would not meet R2 lot requirements adding that there is no front footage require- ment for R3 uses. 9-13-79 -2- In response to a question from Commissioner Hawes regarding density, the Secretary explained that a density of eight units is reached by using the tuck- under garage provision in Section 35-400 of the' City Ordinance. The Secretary added, however, that the wording of the section dealing with tuck-under garages indicates that the Planning Commission may grant a density credit and is not required to grant that credit. In response to another question from Commissioner Hawes regarding direction from the Comprehensive Plan, the Secretary stated that the present Comprehensive Plan does not recommend specific zoning, but encourages up to one and one-half storey residential use as a buffer between the commercial uses to the west and the single family homes to the east. Therefore, he said there does not seem to be any inconsistency between the proposed R3 zoning and the present Comprehensive Plan. He added that he did not understand why the property was ever zoned C1 since it is obviously not a good location for a commercial use. Commissioner Lucht arrived at 8:00 p.m. Commissioner Hawes asked whether there was a utility easement along the east side of the property. The Superintendent of Engineering stated he was not aware of any. Chairman Pierce then called on the applicant's representative, Mr. James Merila, to speak on behalf of the proposed project. Mr. Merila explained that Village Builders has been in business for over 20 years and have built apartments and homes in Brooklyn Center. He showed slides of the area showing the surrounding properties . Mr. Merila pointed out the redwood fence and stated that it is apparently on the property line and that a mistake in measurement was apparently made in the previous survey. He stated that units would be sold off individually as homes and not rented. As to maintenance of common areas , Mr. Merila stated that generally such areas are maintained by a single custodian, but that re- sponsibilities could be divided up evenly between the various homeowners. Commissioner Hawes asked whether homeowners maintained their own yard areas or whether the Association took care of that. Mr. Merila answered that the Associ- ation might require a certain standard of maintenance or would perform it itself. Chairman Pierce asked what uses would be permitted in the common area. Mr. Merila answered that generally the area is a green area, but suggested that it could be gardened depending on the decisions of the Association. Commissioner Hawes asked whether a play area could be installed. The Secretary answered that such a use would be permitted in the R3 zone if the Association desired it. Commissioner Manson asked whether the Association maintained the exterior of the buildings. Mr. Merila answered that this is generally taken care of by individual owners with certain restrictions from the Association. The Secretary stated that the Homeowners ' Association could write its by-laws so that main- tenance must be performed up to specified standards or the Association will perform maintenance and assess costs to affected properties . Commissioner Erickson asked whether Village Builders had constructed any similar projects. The applicant, Mr. Kauffman, stated that a similar project had been constructed in White Bear Lake with over 120 townhouse units . As to price range, Mr. Kauffmann estimated that the new units would sell for between $65,000.00 and $70,000.00. Commissioner Erickson asked whether he maintained any of the units in White Bear Lake. Mr. Kauffmann answered that his maintenance responsibilities ended when the units were sold. 9-13-79 -3- Commissioner Hawes asked whether any of the units would be rented. Mr. Kauffmann stated that it would not be economically feasible to rent out such units and reiterated that his intention is to build for sale only. Commissioner Hawes asked whether the rear area might be used for additional parking. The Secretary answered that the garages proposed for the townhouses are double garages and each driveway is the same length as a driveway for a single family home so that at least four cars could be parked for each unit or twice the number required. Chairman Pierce asked whether it would be possible to reduce the number of curb cuts to four. Mr. Merila answered that it might be possible, but it would create some problems in gaining access to each individual unit. ` PUBLIC HEARING Chairman Pierce then opened the meeting 'for a public hearing. Mr. Charles Humbert, of 5801 Knox Avenue North,stated that his only concern was that the property be maintained. There being no one else who wished to comment on the proposal , Chairman Pierce called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Hawes seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed. A brief discussion then ensued regarding the possible conflict of existing fences with the actual boundary line of the property on the east. ACTION TABLING APPLICATION NO. 79055 (Edwin Kauffmann/Village Builders) Motion by Commissioner Malecki seconded by Commissioner Lucht to table Appli- cation No. 79055, a proposed rezoning from Cl to R3 of the land at the southeast corner of Logan and 58th Avenues North.and to refer said proposal to the South- east Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed. ACTION TABLING APPLICATION NO. 79056 (Edwin Kauffmann/Village Builders) Motion by Commissioner Manson seconded by Commissioner Malecki to table Appli- cation No. 79056, proposed site and building plan for eight townhouse units at the southeast corner of Logan and 58th Avenues North. Voting in favor: Chair- man Pierce, Commissioners Malecki , Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed. Application Nos. 79057 and 79058 (Medtronic) The Secretary explained that the application submitted by Construction Analysis and Management for Medtronic comprehending site and building plan approval and preliminary R.L.S. approval for a 53,000 square foot addition to its existing plant at 6700 Shingle Creek Parkway are not in order at the present time because of the need to settle an easement encroachment. The Secretary explained that the proposed addition encroaches on a utility easement by at least 8 feet and that such an encroachment must be eliminated either by moving the easement or redesigning the building. Either alternative will take additional time to settle, he said. 9-13-79 -4- ACTION TABLING APPLICATION NOS. 79057 and 79058 (Medtronic) Motion by Commissioner Lucht seconded by Commissioner Crickson to table Appli- cation Nos . 79057 and 79058 site and building plan and U....S. approval for a 53,000 square foot addition to the existing Medtronic ;.lant at 6700 Shingle Creek Parkway until such time as the easement encroachment is resolved. Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Manson, Lucht - and Erickson. Voting against: none. The motion passed. APPLICATION NO. 79059 (Michlitsch Builders) The Secretary introduced the next item of business, site and building plan approval for a four unit apartment building on Lot 1 , Block 1 , Horbal Addition. He explained that the property is located on the north side of 69th Avenue North westerly of Humboldt Avenue North. The site is bounded on the east by a new 7 Eleven Store, on the north by the Brookdale Towers Apartment complex, on the west by residential homes and on the south by existing R5 multiple family development. The parcel is zoned R4, he noted, and the proposed use is permitted in that zone. The Secretary stated that the lot in question measured 120' x 170 ' or 20,400 square feet in area. He noted that the land area used for calculating density after deducting setback areas is 14,000 square feet, precisely the amount for four R4 type units . He pointed out that eight parking spaces are provided as required by the ordinance and that proposed setbacks are all in excess of the ordinance requirements including a 15 foot buffer strip between R1 and R4 on the west side of the property. The Secretary explained that the City had recently vacated a street easement over the west 30 feet of the property, formerly designated as part of Irving Avenue North. The City will retain a 30 foot easement over the same area for public utility and walkway purposes, he said. Parking is permitted up to the easement line, but no structures are allowed to be built over it. The Secretary stated that the parking area is to be screened by a 6 foot high wood fence along the west property line and by four foot high berms adjacent to 69th Avenue North right-of-way. He pointed out a trash enclosure proposed on the west side of the parking lot and suggested that a better location for the trash enclosure would be on the east side of the parking lot to avoid any conflict with the utility and walkway easement. He also noted that although no handicapped parking stalls are required for the site, handicapped accessibility is provided by a ramp and striped dead space extending from the front sidewalk. The Secretary observed that proposed plantings are minimal . Three small existing elms will remain on the site. New plantings include three to four foot Spirea and four 30" to 36" Maney Junipers . A 6" diameter Green Ash is proposed in front of the buildings per ordinance requirements . The Secretary recommended that the Commission review the landscaping with the applicant in more detail and suggested that additional trees and/or shrubs be provided. The Secretary indicated that drainage on the site is primarily toward a drainage ditch running along the north side of 69th Avenue. Some water will drain towards the northeast corner of the property, he noted. Water and sewer connections are proposed to be made from the utility easement on the west side of the property, rather than from the street. Chairman Pierce asked whether the trash enclosure would be paved. The Secretary indicated that the ordinance requires that trash bins be screened, but not that they be placed on paved surfaces. Generally, however, they are. 9-13-79 -5- The Secretary commented that it is felt' that the proposed walkway along the west side of the site be installed as soon as possible because of uncontrolled traffic presently using this lane. In response to a question concerning screening, the Secretary pointed out that a six foot high fence is in place along the west side of the site, that berming will screen the parking from uses across 69th Avenue and that screening from the 7 Eleven use to the east is already in place. Commissioner Manson asked if the utilities had been installed below ground by this time. The Secretary answered that the utilities are already in place in the easement. Mr. Michlitsch stated that he was reluctant to put in a sidewalk before the utilities for the apartment were in place. In answer to a question from Commissioner Lucht regarding the landscape plan, the Secretary stated that staff considers it to be deficient. Commissioner Theis arrived at 8: 54 p.m. Commissioner Erickson asked whether the present plan would allow pedestrian traffic to cut across to the site of the 7 Eleven Store. The Superintendent of Engineering acknowledged that this was very likely, but the Secretary added that a fence along the west side of the 7 Eleven site extends to within 10 feet of the public right-of-way. In response to another question from Commiss- ioner Hawes regarding the widening of 69th Avenue North, the Secretary stated that the existing right-of-way is adequate to accomplish any further widening. Chairman Pierce asked whether there is a ratio of units to trees required in a landscape plan. The Secretary answered that only one six inch tree is required in this case, but that the landscape plan as a whole falls below standards for comparable developments . Cori—missioner Erickson asked whether the City could require more landscaping. The Secretary responded that the applicant is required to submit a landscape plan that must be approved by the City. If the Commission determines it is deficient, it can require additional landscaping. Mr. Michlitsch stated that he was willing to add landscaping, but added that it would be with reluctance because of the costs. Commissioner Lucht commented that there was little on the landscape plan other than the six inch ash that is likely to still be on the site in three years . He commented that the building looks very nice, but that the site is adorned with less than $100.00 of land- scaping. The Secretary stated that the Zoning Ordinance requires one 6" tree for this development and that no absolute number of other trees are required. He stated, however, that other approvals serve as a precedent in the City's requirement of more landscaping. Chairman Pierce stated that he would like to see at least two 22" trees along the west side of the building and a few more shrubs in front. The discussion of landscaping continued until the Commissioner and the applicant had come to an agreement. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79059 (Michlitsch Builders) Motion by Commissioner Lucht seconded by Commissioner Erickson to recommend approval of Application No. 79059, submitted by Michlitsch Builders, for site and building plan approval of a four unit apartment building on Lot 1 , Block 1 , Horbal Addition 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. 9-13-79 -6- 3. The applicant shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 4. 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. 5. All outside trash disposal equipment and/or rooftop mechanical equipment shall be appropriately screened from view. _ 6. B612 curb and gutter shall be provided throughout all driving and parking areas. 7. The applicant shall acquire title to the property vacated by the City for street purposes prior to the issuance of permits. 8. The landscape plan shall be modified to provide three additional 22" to 3" trees plus six to eight shrubs in front of the site prior to the consideration by the City Council . Voting in favor: Chairman Pierce, Commissioners Malecki , Hawes, Manson, Lucht and Erickson. Voting against: none. Not voting: Commissioner Theis. RECESS The Planning Commission recessed at 9:12 p.m. and .resumed at 9:35 p.m. APPLICATION NO. 79060 (Standard Oil/Quick Six) The next item of business was Application No. 79060 submitted by Standard Oil for special use permit and site and building plan approval to develop and operate a combined gas station and convenience store and car wash on a 23,838 square foot site at the northwest corner of West River Road and 66th Avenue North. The Secretary pointed out that the site is bounded by undeveloped R5 property on the east, a nonconforming single family home on the north (with land zoned R5) , by a Texaco Station on the west side of blest River Road and the proposed Atkins Pluming Contractors office on the south side of 66th Avenue. The Secretary noted that the property is zoned C2 and gas stations and car washes are special uses within that zone. The Secretary described the site as almost square with one 30 foot access drive onto 66th Avenue North and another onto West River Road. The proposed structure, he said, is 31 ' x 36 ' with a 40 ' x 59' canopy to shelter four pump islands to the west of the building. He pointed out that the canopy is to be set back 39 feet from Highway 169 right-of-way and the pump islands roughly 50 feet. He acknowledged that there is no setback requirement for either canopies or pump islands , but that staff consider any additional pump islands to be in- appropriate for an already crowded site. The Secretary stated that the principal ., structure is split evenly between the convenience store on the west side and the car wash on the east side. He pointed out an 8' x 12' fenced trash enclosure is to be situated on the .east side of the building. The Secretary indicated that all relevant setbacks are met by the proposed plan and that the 11 re- quired parking stalls are also shown on the plan. Handicapped accessibility is provided by two ramps on the north and west sides of the convenience store. The Secretary then referred the Commission to a letter of application submitted by the applicant stating that the proposed use will not be detrimental to or impede the development of surrounding property, but will improve property values. 9-13-79 -7- The proposed hours of operation, with "normal product availability" would be 24 hours a day. The Secretary commented that since the vast majority of business transacted is the purchase of gasoline, there does not seem to bP .a conflict with similar uses. If complaints should arise-over the round-the-clock service, he said, some restriction on the hours of operation could be made through the special use permit yearly review process. The Secretary explained that the building itself will have a split level roof with the car wash extending roughly three feet above the convenience store. The convenience store will receive a full mansard treatment which will also serve to screen rooftop mechanical equipment, while the car wash will have an 18 inch deck treatment around the top. The exterior of the building faces will be precast concrete with exposed aggregate carried uniformly around the entire building. Windows will be a dark bronze color. The Secretary briefly reviewed the landscaping features of the plan. He pointed out that the applicant intends to relocate or replace an existing six foot high redwood fence to shield driving and parking areas from neighboring residential property. Sod is proposed in all green areas except the east side of the site where steep slopes will be treated with Class 11 Minnesota State Highway speed mix. The Secretary commented that two large existing trees at the northeast corner of the site will be preserved if at all possible. The Secretary noted that other plantings include 10 Redtwig Dogwood, 15 Smooth Sumac, 2 Marshall Ash, and 5 Broadmoor Junipers. The Secretary stated that the applicant proposes four inches of crushed rock and two inches of. decorative rock on top of reinforced "poly" in the planting areas on the west and south sides of the site. He noted that an underground sprinkler system is designated in all landscaped areas. The Secretary indicated that drainage from the site is primarily toward a drainage ditch on the south edge of the site. Underground storage tanks, he noted, are proposed for the west side of the site to allow fuel trucks to refill the tanks with minimum disruption to traffic flow. B612 curb and gutter are indicated around all parking and driving areas. The Secretary concluded by explaining that two way traffic is proposed through both curb cuts. He recom- mended that the Pianning Commission approve this design to allow a freer flow of traffic. d In answer to a question from Commissioner Hawes, the Secretary confirmed that a median exists in Highway 169, north of 66th Avenue North. Commissioner Theis asked whether the price of a car wash would be reduced with the purchase of gas. The Secretary answered that the applicant has proposed that arrangement. There was a brief discussion concerning the location of the underground gas tanks. The Building Official explained that the plans must be submitted to the State Fire Marshall for approval and that gas pumps must be set back a minimum of 25 feet from the property line. In response to a question from Commissioner Hawes regarding the widening of Highway 169, the Superintendent of Engineering stated that no decision had been made as yet whether the area at 66th Avenue North would be widened. He did add, however, that even if the north Crosstown expressway is not approved, Highway 169 is proposed to be upgraded north of the 694 intersection. In response t another question from Commissioner Hawes regarding a bike path, the Secretary' stated that the bike path would be installed contingent upon it receiving Great River Road designation and thereby federal funding. 9-13-79 -8- Commissioner Hawes asked whether it would be feasible to eliminate access onto Highway 169 and provide two openings onto 66th Avenue North. The Secretary stated. that a steep dropoff on the southeast edge of the property would not make such an arrangement feasible. In response to a question from Commissioner Hawes regarding handicapped parking, the Secretary pointed out that a handi- capped parking stall had been moved slightly eastward from the original plan in order to avoid conflict with the traffic lane approaching the gas pumps . The Commission briefly discussed the use of rock mulch in planting areas on the west and south sides of the site. The Secretary stated that it is felt that the six inches of rock material would be deep enough to prevent weeds . The Planning Commission then discussed the proposed landscaped plan. Commissioner Theis asked what type of trees were located on the northeast corner of the site. Mr. Clyde Olson,of 6626 West River Road, stated that the trees are Elms and that he suspected one is dead. PUBLIC HEARING The Chairman then opened the meeting for a public hearing. Commissioner Theis noted that the self-service pumps are located close to the building while the full service pumps are further away and questioned whether this was consistent with the traffic movement toward the car wash . Mr. Ray Duggan, representing Standard Oil , maintained that the proposed arrangement would allow an easier traffic flow. Mr. Clyde Olson, of 6626 West River Road, addressed the Commission and stated that he considered the amount of land on the proposed site to be inadequate for the number of uses proposed. He also objected to the constant noise resulting from the car wash. He complained about the poor maintenance record of the present station operators. In response to a question from Commissioner Hawes , Mr. Duggan explained that the car wash could be a roll over unit with the wash, rinse, and drying devices moving past the car rather than vice versa. In answer to Chairman Pierce, Mr. Duggan stated that the car wash would not make much noise and that the hours of operation would depend on the operator of the station. Commissioner Theis asked how steep the bank on the east side of the site is. '11r. Duggan i ndi catcd that i t was very steep wi th grades of 1'2 to 22 to 1 . He added that the landscape plan proposes a seed mix to control soil erosion . Commissioner Theis comone rite d that a fence along the north side of the site will effectively block headlights , but not noise, and suggested that shrubs could be added. Mr. Duggan countered that it should be proven that the car wash is, in fact, noisy before plantings are required. At that point, Mr. Olson reiterated his feeling that the site is simply not big enough for the number of uses contemplated. The Commission discussed the parking on the site. The Secretary explained that the Quick Six operation would be different from a Superamerica in that only a few :select products would be offered for sale, usually in conjunction with a purchase of gasoline. The Commission then discussed at some length the problem of maintenance on the site including mowing and snow storage. The Secretary stated that any damages resulting from poor maintenance should be resolved by a civil action and could not really be addressed in the site and building plan approval . In answer to Commissioner Lucht, the Secretary explained that the City reviews at the administrative level each special use permit once a year and stated that if 9-13-79 -9- any serious problems arise, the application could be brought back before the Planning Commission. Mr. Olson and the station manager then gave contradicting accounts of past complaints . The Building Official commented that the City has been notified in the past about the snow melting problem and that staff have notified Standard Oil . He acknowledged that nothing seemed to have been done. In answer to Commissioner Hawes, Mr. Duggan explained that the car wash was .equipped with doors which would enclose it during the winter, but that these doors would probably be open during the summer time. Commissioner Hawes asked whether the fence could be moved to the property line in order to assure that the grassy areas were completely enclosed within the site. The Secretary ex- plained that the elevation drops off considerably outside of the proposed fence line and that to move the fence would reduce its effectiveness in screening the glare of headlights. The Commission continued to discuss the, maintenance of the green area outside of the fence on the north and east sides of the site. Commissioner Malecki asked whether the performance bond could be held to ensure proper maintenance of the site. The Secretary explained that performance bonds are held to ensure in- stallation of approved site improvements and to assure they are viable for up to one year and not for maintenance. Mr. Duggan and Commissioner Lucht both agreed that the proposed Crown Vetsch treatment of steep slopes on the northeast side of the site would be the' most attractive and easiest to maintain. The Secretary added that the performance bond would be held until the turf is proved viable. Commissioner Theis asked what the size of the trees would be indicated on the plan,. The Secretary stated that the plans should be modified to indicate 2z" to 3" diameter trees. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79060 (Standard Oil/Quick Six) Motion by Commissioner Lucht seconded by Commissioner Hawes to recommend approval of Application No. 79060 submitted by Standard' Oil for a Special Use Permit and site and building plan approval for a combined gas station, car wash and convenience store use at the northeast corner of 66th Avenue North and West River Road, 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 and landscaping plans are subject to 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 prior to the issuance of permits. 4. All outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 5. The Special Use Permit is issued to the operator of the facility and is nontransferable. 6. The Special Use Permit is subject to all applicable codes, ordinances and regulations including special licensing require- ments and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9-13-79 -10- 8. The applicant shall submit a complete set of revised drawings prior to consideration by the City Council . 9. The applicant will enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 10. In the event that two existing elm trees on the site become diseased, they shall be removed and replaced with 22" to 3" diameter trees that will grow to a similar size at maturity. Voting in favor: Chairman Pierce, Commissioners Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. APPLICATION NO. 79061 (DeWitt Enterprises/Humboldt Square Estates) The Secretary introduced the next item of business, Application No. 79061 , site and building plan approval for an eight unit townhouse complex to be located on a .9 acre tract of land across from Humboldt Square Shopping Center-at roughly 6801 Humboldt Avenue North. The Secretary pointed out that the parcel is bounded by the Humboldt Courts Apartments on the north, by the Speculative No. VII Industrial Building on the wes.t, by the Bardel Apartments on the south and by Humboldt Square Shopping on the east side of Humboldt Avenue North. He noted that the land is zoned R5 and that R3 uses such as townhouses and single family attached condominiums are permitted uses in the R5 zone provided they meet R3 district requirements. The Secretary explained that the applicant seeks to put eight townhouse units in the form of two quadra homes on a 39,307 square foot parcel . Each unit will have a two car tuck-under garage and the applicant proposes to take advantage of Section 35-400 which entitles him to a density credit of 500 square feet per enclosed parking stall , or a total density credit of 8,000 square feet over the entire site. At 4,400 square feet per unit, he said, the allowable density is 8.9 units. He noted the total parking provided on the site would be 32 spaces or double the ordinance required amount. Access to all units is provided by a driveway running along the north side of the property. The Secretary stated that the applicant proposes that each unit have its own platted lot including the unit and a small yard area and that the drives and front and " rear yards be designated as common area. Each lot will be approximately 44' x 44' and the applicant will be submitting a replatting of the area at a future date. The Secretary indicated that the structures are to be set back 10 feet from the south property line as required by the ordinance. In addition, he noted, the setback off Humboldt Avenue is roughly 72 feet, well in excess of the 50 foot ordinance requirement. The Secretary noted that the landscape plan intends to make generous use of large existing trees on the site with additional plantings scheduled for the front and rear portions of the site for appropriate screening purposes. He indicated that all common, driving areas will be surrounded by B612 curb and gutter and that the site will generally drain toward the rear. Commissioner Hawes asked whether drainage of individual lots would be toward the gutters in front of the garages along the proposed property line and from thence to the main drive. The Secretary confirmed that concept. Commissioner Hawes inquired as to the screening from the industrial uses to the west. The Secretary ex- plained that screening is normally the responsibility of the industrial use, but noted that the applicant is proposing a berm on the west side of the site to provide screening. The Secretary also explained that the tuck-under garage density credit is optional , but that the proposed eight units is roughly half of what would be allowed to an R5 use. Commissioner Manson asked whether the units would be for sale. The Secretary stated that it is his understanding that it is the applicant's intention to sell the units individually. 9-13-79 -1.1- He explained that in order to accomplish this, the property: must be replatted and Homeowner's Association documents filed. Chairman Pierce then recognized Mr. 'James Merilarepresenting the applicant, to speak on behalf of the proposal . Mr. Merila showed a number of slides of the existing vegetation on the site and of similar quadra homes built in other locations. He then gave a brief description of the traffic circulation on the site. In answer to various questions from the Planning Commission, Mr. Merila stated that he was not sure of where the financing for the project would come from, but he thought+it would probably be FHA. He indicated that fireplaces would be an optional feature for each individual unit. He also indicated that the applicant is anxious to begin construction and that sale of the units would not be a precondition of construction. ACTION RECOMMENDING APPROVAL OF APPLICATION NO.. 79061 -(DeWitt Enterprises) Motion by Commissioner Erickson seconded by Commissioner Manson to recommend approval of Application No. 79061 , submitted by DeWitt Enterprises, for an eight unit townhouse complex at roughly 6801 Humboldt Avenue North 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 landscaping plans are subject to the review and approval of 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. All outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all common driving areas. 6. The property is subject to -replatting in accordance with Chapter 15 of the City.Ordinances. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis , Hawes, Lucht Manson and Erickson. Voting against: none. The motion passed unanimously. DISCUSSION ITEM The Secretary explained that there had been a slight mistake in scheduling the October 18 Planning Commission meeting. He suggested that it would expedite consideration of October business items if the meeting were held on October 11 instead, since they could then be considered by the City Council on their October 22 meeting. Although Commissioner Theis and Commissioner Manson stated they would be unable to attend the October 11 meeting, it was decided by consensus that the first business meeting of October would be scheduled for October li instead of October 18. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Hawes to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commis- sioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Plannin ommi n dj ned at 11 :24 p.m. 9-13-79 -12- rni Chairm n