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HomeMy WebLinkAbout1979 01-11 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 JANUARY 11 , 1979 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Gilbert Engdahl at 8:04 p.m. ROLL CALL Chairman Engdahl , Commissioners Jacobson, Book, Hawes, Theis, Malecki and Pierce. Also present were Director of Public Works James Merila, Director of Planning and Inspection Ronald Warren, Planning Aide Gary Shallcross and Superintendent of Engineering James Noska. New Planning Commission members present were George Lucht and Nancy Manson. APPROVE MINUTES - DECEMBER 21 , 1978 Motion by Commissioner Hawes seconded by Commissioner Jacobson to approve the minutes of the December 21 , 1978 meeting as submitted. Voting in favor: Chair- man Engdahl , Commissioners Jacobson, Book, Hawes and Theis. Voting against: none. The motion passed. Commissioner Pierce and Malecki abstained as they were not at that meeting. ADJOURN 1978 COMMISSION Motion by Commissioner Malecki seconded by Commissioner Book to adjourn the 1978 Planning Commission. The motion passed unanimously. The 1978 Planning Commission adjourned at 8:07 p.m. CALL TO ORDER 1979 COMMISSION Commissioner Harold Pierce, who served as Chairman Pro tem for 1978, assumed the Chair for organizational purposes and called the 1979 Planning Commission to, order at 8:09 p.m. ROLL CALL Chairman Pro tem Pierce, Commissioners Theis, Malecki , Hawes, Manson and Lucht. Also present were Director of Public.Works James Merila, Director of Planning and Inspection Ronald Warren, Planning Aide Gary Shallcross and Superintendent of Engineering James Noska. New Planning Commission members present were George Lucht and Nancy Manson. Election of Chairman The first item of business was the annual election of the Planning Commission Chairman. Chairman Pro tem Pierce called for nominations . Motion by Commissioner Hawes seconded by Commissioner Malecki to nominate Harold Pierce as Chairman of the Planning Commission. Chairman Pro tem Pierce asked for other nominations. No other nominations were made. Motion by Commissioner Theis seconded by Commissioner Lucht to close the nomi- nations. Voting in favor: Chairman Pro tem Pierce, Commissioners Theis, Malecki , Hawes, Manson and Lucht. Voting against: none. The motion passed unanimously. 1-11-79 -1- .A vote was taken to elect Harold Pierce as Chairman.'` The motion passed unanimously. Election of Chairman Pro tem Chairman Pierce next called for nominations for Chairman Pro tem. Motion by Commissioner Lucht to nominate William Hawes as Chairman Pro tem. Chairman Pierce asked for other nominations. No other nominations were made. Motion by Commissioner Manson seconded by Commissioner Malecki to close the nomi- nations. Voting in favor: Chairman Pierce, Commissioners Hawes, Lucht, Malecki, Manson and Theis. Voting against: none. The motion passed unanimously. A vote was taken to elect William !awes as Chairman Pro tem. The motion passed 4 unanimously.:;` APPLICATION NO. 79001 (Kenneth Bergstrom) Following the Chairman s-explanation, the first item of consideration was Appli- cation No. 79001 submitted by Kenneth Bergstrom. The Secretary introduced the application and explained that the applicant was seeking a rezoning from C2 to R4 of an approximate 8 acre tract located in the 1300 block south of 69th Avenue North. He explained that the property is bounded on the west by the Humboldt Square Shopping Center; on the north by 69th Avenue North and the City's Public Utility Building; on the east by single family residential homes facing Emerson Avenue North and on the south by a number of R5 Multiple Family Residential dwellings. The Secretary stated that the applicant had submitted a letter re- questing the rezoning indicating that the site has remained undeveloped over the years, because of an apparent lack of a need for additional shopping centers. He stated the applicant intends to build quadra homes which he claims would ful- fill a need for additional medium-priced housing and provide an attractive buffer between the existing single family hones and the Humboldt Square Shopping Center. The Secretary reported that the City's Comprehensive Plan calls for a site at the Northeast Neighborhood to be retained as Commercial for purposes of ultimate development as a neighborhood business center. He explained that the subject site and the present Humboldt Square Shopping Center is the area designated for the location of such a facility. He noted that the same applicant had requested a rezoning of the subject property from C2 to R1 under Application No. 77011 in March, 1977, and that the Planning Commission had reviewed the Comprehensive Plan inconsistencies and recommended that the Comprehensive Plan be amended for the following reasons: 1 . The Northeast Neighborhood is adequately served by shopping facilities, both within and near the neighborhood. 2. The Comprehensive Plan designation for this area for further development as a neighborhood shopping center has been satisfied with the existing retail center. 3. There is substantial vacant commercial land elsewhere in the Northeast Neighborhood 4. The owner has initiated a rezoning of the approximate 8 acre parcel from C2 to R1 5. The proposed use represents a reasonable use of the land and is consistent with the Comprehensive Plan development goal for the Northeast Neighborhood. 1 -11-79 -2- The Planning Commission, at that time, also recommended rezoning of the area through Planning Commission Resolution No. 77-3 citing that there is an additional need- for R1 zoned land in the Northeast Neighborhood; that the existing Humboldt Square retail center adequately serves the neighborhood as a centrally located shopping center; that there is no need for additional C2 development in the area; and that the owner had proposed a zoning change which represents a reason- able use classification of the property. The Secretary explained that the City Council had been inclined to approve the rezoning and the Comprehensive Plan amendment in 1977, but continued its con- sideration of these matters until Mr. Bergstrom submitted a proposal which showed positive buffering of the property from the Humboldt Square Center. The screen- ing plans were never submitted, and the rezoning request was withdrawn. Tile Secretary further noted. the Comprehensive Plan Goal which states 'make single family detached housing the predominant character of the Northeast Neighborhood." He explained that a March, 1976 land use inventory of the City was discussed by the Planning Commission during its review of the applicant's 1977 rezoning request. He stated that at that time, single family detached dwellings comprised 48.5% of the total number of dwellings in the Northeast Neighborhood, while townhouses and multiple family apartment units comprised 51 .4% of the total dwelling units for this neighborhood. He further stated that this land use inventory has been updated and that the figures are now about reversed, that single family dwellings comprise approximately 51% of the total dwelling units in the neighborhood and multiple family residential units comprise approximately 49 0%. . .The Secretary also reported that he had requested the applicant to submit con- ceptual plans regarding his proposed development to better illustrate how it would meet the R4 district requirements, but that they had not yet been received. He stated that the Commission might want to table the application following this evening's public hearing rather than to refer it to the Northeast Neighborhood Advisory Group until the applicant had submitted such conceptual plans for review. Chairman Pierce asked what was the allowable density for R4 Zoning. The Secretary responded that the ordinance allows a density of 8 units per acre after deducting roadways and abutting setbacks and that approximately 50 units would be allowable. Chairman Pierce then recognized Mr. Bergstrom, who at that time supplied the Com- mission with four copies of his conceptual plans for the development. The Secretary noted that the proposal envisioned four plexes with each building under separate ownership and subject to a Rental Dwelling License. He went on to state that the City's concern is the maintenance of the common areas and the potential need for cross easements for driveway and parking areas. Commissioner Theis then asked for a, clarification of the rent and ownership arrangement. The Secretary ex- plained that the development would essentially be four plexes with each building being under separate ownership probably for investment purposes. He added that owners could reside in one of the units or rent out all four units. The Secretary then asked for, and received, confirmation that a public street was contemplated adjacent to the development. While considering the plans, the Secretary recalled that the earlier proposed Rl development would have had to provide screening from the Humboldt Square Shopping Center. He stated that there are no screening re- quirements where R4 abuts C2, but that there would be screening requirements where the proposed R4 would abut R1 on the eastern side of the site. PUBLIC HEARING Chairman Pierce opened the meeting for purposes of a public hearing and asked for comments from the audience as to the proposed rezoning. He recognized George Mayleben, 6824 Emerson Avenue North, who addressed the Commission on behalf of the neighborhood. Mr. Mayleben argued that the neighborhood was being decimated by multiple family development, and that there was not much available land for single family development. He cited Metro Plan calling for a certain percent of R1 development. 1-11-79 -3- The Secretary interjected that while not familar with the Metro Council 's require- ments for R1 development, he was aware that the Metro Council was concerned with multiple family development as well . Mr. Mayleben replied that those living in the area of 69th and Humboldt Avenues are in an area with an abundance of multiple family dwellings. He stated that the neighbors living around the property in question had hoped that Mr. Bergstrom would continue with his single family de- velopment. He also cited growing concern in the neighborhood over declining school enrollments and the impact that multiple family development would have on declining entrollments. Tim Boyle, 6813 Emerson Avenue North, stated that he was not in favor of the present rezoning application, while he had been 100% in favor of the R1 rezoning. Mr. Mayleben then asked whether the buffer was the reason why the R1 proposal had been dropped before, and why the R4 development was being proposed now. The Secretary stated that Mr. Bergstrom's 1977 R1 rezoning request had been deferred until he provided the City with a plan for screening the single family area from the Humboldt Square Shopping Center, and he did not know why Mr. Bergstrom with- drew that rezoning application for R1 . Mr. Mayleben expressed his feeling that the Northeast Neighborhood is still not predominantly single family residential development. Mr. Mayleben stressed the fact that west of Humboldt Avenue, there is a high concentration of multiple family development, and that a number of these apartments are, in fact, vacant. He also commented that he would probably favor a C2 development over an R4 development in this area. Chairman Pierce noted that C2 is the highest commercial zoning designation. He stated further that he had favored an R1 development when it was proposed pre- viously, but that the present application was for an R4 zoning. Chairman Pierce recognized the resident of 6804 Emerson Avenue North, who expressed the opinion that there were enough apartments in the immediate vicinity and that there was no need for more. Chairman Pierce inquired if anyone else wished to be heard. No one spoke further relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Hawes to close the public hearing on Application No. 79001 . The motion passed unanimously. Chairman Pierce asked Mr. Bergstrom why he did not pursue the R1 proposal . Mr. Bergstrom stated that the developer with whom he had previously been working did not have adequate financing. and that he had encountered technical problems building single family dwellings on the high water table in the area. Commis- sioner Hawes asked Mr. Bergstrom how many single family dwellings had been con- templated. Mr. Bergstrom replied 23. Chairman Pierce asked the Secretary what. other alternative zonings could be considered. The Secretary replied that the land in question could be zoned R3 for townhouses, but that Mr. Bergstrom had indicated he wanted to stay away from a development involving a Homeowners Associ- ation. Chairman Pierce stated that the proposed four plexes are similar to townhouses. Commissioner Hawes asked Mr. Bergstrom if the individual dwelling units could be owned. Mr. Bergstrom replied that eventually they could. The City Engineer commented that the developer was considering the possibility of eventually having each unit available for individual ownership, but that his short range goal was to develop rental units. Commissioner Theis inquired as to what other kinds of development would be allowed if the rezoning were approved. The City Engineer responded that multi residential uses of one and one-half or two stories in height are permitted. He cited Columbus Village as an example. MOTION TO TABLE APPLICATION NO. 79001 (Kenneth Bergstrom) . Following further discussion, there was a motion by Commissioner Theis, seconded by Commissioner Malecki to table the application and refer it to the Northeast Neighborhood Advisory Group. Voting in favor of the motion: Commissioners Malecki , Theis, Pierce, Manson and Lucht. Voting against: Commissioner Hawes. The motion passed. Commissioner Hawes indicated that he felt more information was needed before referring the matter. 1-11-79 -4- A brief discussion ensued with Chairman Pierce commenting that the Commission should not look at a rezoning strictly on the basis of the availability of financing, rather, it was important for the Planning Consultant to gather input from the neighborhood and review the proposal in light of the Comprehensive Plan. The Secretary commented that while neighborhood feedback was desirable and necessary, it was not the sole determinant of whether the rezoning is appropriate, but that the Standards for Rezoning in the Ordinance are the criteria to be used. A discussion ensued concerning the process to amend the Comprehensive Plan. Commissioner Lucht inquired whether information given to the Planning Commission could in turn be given to the Neighborhood Groups, citing acreage figures avail- able for multiple family and single family development. The Secretary replied in the affirmative. RECESS The Planning Commission recessed at 9:04 p.m. and resumed at 9:29 p.m. Application No. 79002 (Janis Blumentals/B.C.I .P.) The next item of consideration was Application No. 79002 submitted by Janis Blumentals for Brooklyn Center Industrial Park. The Secretary introduced the item and stated the applicant was seeking site and building plan approval for an approximate 85,000 sq. ft. speculative industrial building at approximately 67th Avenue North and Shingle Creek Parkway. He stated that the building is located on a proposed approximate 5 acre site on the northern portion of a large tract (Tract B, R.L.S. 1405) located north of Freeway Boulevard and westerly of Shingle Creek Parkway, just east of the MTC garage site and Shingle Creek. The Secretary reported that the applicant has submitted a proposed conceptual master plan for this large tract including a layout for additional speculative industrial buildings . He stated the plan comprehends the upgrading of Shingle Creek Parkway to a divided four lane facility similar in design to Shingle Creel: Parkway located south of the freeway. He pointed out that construction for the I I unaraded roadway, which would allow for a continudLiun ui S;1*1191E 4( CCA rai nwu % through to 69th Avenue North, is proposed 1979. The Secretary turner reportea that the conceptual master plan also comprehends the future construction of a cul-de-sac to serve proposed parcels to the south. He explained that the appli- cant was not seeking approval at this time of the master plan and that the subdivision of the area would be accomplished through a future repiatting. The Secretary then reviewed the site and building plans and pointed out that the plans indicate parking for 141 cars, which comprehends parking meeting the ordinance formula for 10% of the building to be used as office space associated with the industrial use. He added that the applicant has also presented a Proof of Parking which could provide for an additional 40 parking spaces which would allow 39% of the building to be used for office space. He further stated that the plan indicates an area south of the building that is to be used in conjunction with a cross easement for driving and parking purposes for two additional build- ings proposed at a future date. The City Engineer reviewed the conceptual master plan in more detail and com- mented relative to the proposed upgrading of Shingle Creek Parkway. He explained that the site on which the applicant proposes the speculative industrial building would have two curb cuts, but with the completion of the roadway there would be only one median cut to serve the site. He pointed out that the applicant has been made aware of the possible need for an environmental assessment prior to development to the south of the site and adjacent to Shingle Creek and that various approvals or permits from State and Federal agencies will have to be obtained. He explained that this could 'nave an impact on the re-platting of this area for furti,--r development but does not effect the site under consideration in this application. T1ae City Engineer also commented on a bridge over Shingle Creek Parkway just west of the MTC site that would tie together existing Shingle Creek Parkway and explained that the bridge is currently under design. 1-11-79 -5- Chairman Pierce recognized the applicants, Janis Blumentals and Al Beisner repre- senting Brooklyn Center Industrial Park, and a lengthy discussion ensued relative to the site and building plans and the conceptual master plan for the area. Mr. Beisner• stated that he has contacted the appropriate agencies regarding the necessary permits for developing some of the lowlands next to Shingle Creek. He explained that it would be some time before he would receive the necessary permits In response to an inquiry by Commissioner Theis, Mr. Beisner stated that con- struction of the buildings immediately to the south of this building might be as early as next fall . The Secretary next reviewed -the landscape plan and recommended that it be revised to indicate a five foot sodded and irrigated greenstrip along the west property line rather than the sand and gravel treatment proposed by the applicant. He also recommended that the plans be revised to include 6" wood mulch in the plant- ing areas rather than the rock over poly treatment proposed by the applicant. The Secretary then reviewed the recommended conditions of approval . The City Engineer commented that the Commission might also want to include a condition that would acknowledge that the City would retain the performance bond to cover the installation of a normally required greenstrip buffer area along the proposed south property line should the development of the additional speculative industrial buildings not be constructed to share a common parking and driving area. MOTION RECOMMENDING APPROVAL OF APPLICATION NO. 79002 (Janis Blumentals/B.C.I .P.) Following further discussion there was a motion by Commissioner Ma eckl seconded by Commissioner Theis to recommend approval of Application No. 79002 submitted by Janis Blumentals/Brooklyn Center Industrial Park subject to the following conditions: I Thn keeilrlinn nlpnc pro ciihiort to roviaut and annrnval 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 reveiw 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 extinguishing system to meet NFPA Standard No. 13 and shall be connected to an approved central monitoring system in accordance with Chapter 5 of the .City Ordinances. 5. Any outside trash disposal equipment and/or rooftop mechanical equipment shall be appropriately screened from view. 6. All landscaped areas shall be equipped with an underground irrigation 'system as approved by the City Engineer. 7. The property shall be platted in accordance with Chapter 15 of the City Ordinances 1 -11-79 -6- 8. Performance bond comprehends retaining an amount to assure completion of a greenstrip buffer area along the proposed south property line if the proposed replatting which comprehends joint use of this area with two buildings to the south is not accomplished. 9. The plans should be modified to indicate a 5' greenstrip along the west property line to be sodded and irrigated along with the proposed plantings . 10. Plans are to be modified to include 6" wood mulch in land- scaped areas proposed for a rock and poly treatment. The motion passed unanimously. APPLICATION NO. 79003 (Harold J. Westin & Associates/Group Health) The next item of consideration was Application No. 7 003 submitted by Harold J. . ..Westin and Associates/Group Health. The Secretary introduced the item and stated that the applicant is seeking site and building plan approval for an approximate 7,700 sq. ft. addition to the Group Health Clinic at 6845 Lee Avenue North. He explained that the original site and building plans were approved under Appli- cation No. 74050 in October, 1974. The Secretary stated with the addition, the applicant is proposing to construct an additional parking lot primarily for staff use, to the south of the building addition. He explained that presently the clinic has parking for 99 cars, and that with the addition, a total of 164 parking spaces is required. The Secretary commented that the applicant proposes to retain as many existing trees as possible in the area of the new parking lot and has also proposed addi- tional landscaping and berming along Noble Avenue North and the south portion of the property. He added that the plans show the continuation of existing trees along Noble Mve11ue North as well as IICW CCs and plants south of the i1aIn d-ri a on Lee Avenue. He pointed out that the exterior treatment to the addition is a precast concrete to match the existing structure. The Secretary next reviewed the recommended conditions of approval . Chairman Pierce recognized Mr. Bob Kline, representing Harold J . Westin and Associates. Commissioner Theis asked Mr. Kline whether Group Health was extending its current type of treatment in its facility or whether they would be adding new types of treatment. Mr. Kline replied that Group Health was expanding the same type of treatment and would not be providing other types of treatment at this - location. Commissioner Lucht pointed out the box elders deteriorate quickly and asked whether they would be removed. Mr. Kline replied that the density proposed is such that some could be lost. The City Engineer added that box elders provide cover until more durable trees mature. The discussion continued on landscaping aspects of the plan. Chairman Pierce asked whether there was a need for 65 staff parking spaces. Mr. Kline responded that Group Health has 5 staff per doctor and with 13 to 14 doctors, the staff total would be approxi- mately 65 or 70. Commissioner Hawes inquired of the Secretary whether the plan provided adequate screening of the parking lot to the north. The Secretary responded that the plan indicates the ordinance required screening provisions . . . Commissioner Theis asked about the type of trees proposed. The Secretary ex- plained each type providing screening on the perimeter. Commissioner Lucht inquired whether the removal of dead and marginal trees would be included in the performance bond requirement. The Secretary indicated that it would. 1-11-79 -7- RECOMMEND APPROVAL- OF APPLICATION NO. 79003 (Harold J. Westin and Associates/ Group Health) Motion by Commissioner Lucht seconded by Commissioner Malecki to, approve Appli- cation No. 79003 submitted by Harold J. Westin and Associates/Group Health, 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 landscape 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 sub- ' mitted to assure completion of approved site improvements., 4. The building addition shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and shall be connected to an approved central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Any outside trash disposal equipment and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The underground irrigation system shall be extended to all landscaped areas as approved by the City Engineer. The motion passed unanimously. DISCUSSION ITEMS 1979 Meeting Schedule The Secretary reviewed a schedule for 1979 Planning Commission meetings. He explained the meetings are scheduled to provide two meetings per month and are designed to follow the City Council 's schedule for convenience. Commission Theis requested a clarification between regular and study sessions. The Secretary explained that regular sessions are designed to handle business, make formal decisions, and hold public hearings, while study sessions are for review of ordinance issues, consultant presentation, and to collect feedback from neighborhood groups. It was consensus of the Commission to accept the 1979 meeting schedule as proposed. COMMISSION LIAISON TO NEIGHBORHOOD GROUPS Regarding Commission liaison assignments to Neighborhood Groups, the Secretary pointed out that Commission members serve as liaison to the different Neighbor- hood Advisory Groups. He pointed out that with exception of the Southwest Neighborhood which had two members and the Southeast Neighborhood which had none, there was one Commission member from each group. Commissioner Lucht offered to serve as liaison to the Southeast Neighborhood. Chairman Pierce made the following Neighborhood Group assignments: Southwest: Hawes West Central : 'Malecki Central : Pierce Northwest: Theis Northeast: Manson Southeast: Lucht 1-11 -79 -8- The Secretary urged that Commission liaisons set up neighborhood group meetings to solicit input on the Comprehensive Plan and neighborhood concerns. He added that the City would assist wherever possible in setting up places to meet and serving notice. The Commission concluded its meeting with a brief discussion concerning Howe Fertilizer, Inc. with the Secretary giving them updated information on the status of the site following the January 6, 1979 fire. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Hawes to adjourn the meeting. The motion passed unanimously. The Planning Commission Adjourned at 11 :11 p.m. 117 irman 1-11-79 -9- 1 1