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HomeMy WebLinkAbout1977 01-27 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION January 27, 1977 CITY HALL Call to Order: The Planning Commission met in study session and was called to order at 8:05 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, Commissioners Jacobson, Foreman, Pierce, Horan and Kohrt. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Approve Minutes: Motion by Commissioner Foreman, seconded by Commis- 1-13-77 sioner Jacobson to approve the minutes of the January . 13, 1977 meeting as submitted. Voting in favor were: Chairman Scott, Commissioners Jacobson, Foreman, Horan, and Pierce. Not voting: Commissioner Kohrt who stated he was not present at that meeting. The motion passed. Application No. 77001 Following the Chairman's explanation, the first item (Richard A. Rockstad) of business was consideration of Application No. 77001 submitted by Mr. Richard Rockstad. The item was introduced by the Secretary who stated the appli- cant requests rezoning, from R-5 (Multiple Residence) to C-1 (Service/Office Commercial ) , of the property at the northeast corner of 70th and Brooklyn Boulevard. He stated the property consisted of two parcels; the northerly one contains a single family dwelling, which, until approximately two years ago, was occupied by the applicant's real estate firma He stated the structure has recently been rented as a residence.. . He explained the applicant proposes to remove the exist- ing structure and erect an office building. The Secretary reviewed a map of the area and stated that since the 1968 comprehensive zoning of the City, the subject parcels and the land to the north, up to and including the City property at 7100 Brooklyn Boulevard, were zoned R-5. He stated the Compre- hensive Plan viewed the area as a "Planned Develop- ment Area," i . e. common zoning and development should be encouraged versus parcel -by-parcel development. He stated the plan comprehended higher uses such as service/office or apartments as appropriate in this planned development context. Chairman Scott recognized Mr. Rockstad who stated the property was best suited for a small office use. He presented a conceptual drawing showing such a development, and he stated that property could be developed with an office building completely within .. the existing ordinance standards. During further discussion the Secretary commented on the zoning in the area, and that the bulk of the land to the east owned by St. Alphonsus Church was. . ' zoned R-1 . He explained that the landlocked parcel adjacent to and north of the subject property at the east end was addressed as 7015 Kyle Avenue North and was zoned R-1 . He stated that it contained a dwelling which was permitted under a 1965 variance acknow- ledging private easement access, in lieu of a public street. -1- 1-27-77 Chairman Scott announced that a public hearing had Public Hearing been scheduled and that property owners within 350 feet of the subject property had been notified. She read the names of the notified property owners and recognized Mrs. Hagen of 7015 Kyle Avenue North who stated she objected to the proposed rezoning because she had been advised her residential property value would be adversely affected. She stated she saw no reason to change the existing zoning. Chairman Scott also recognized Mr. Baumeister of 7014 Brooklyn Boulevard who explained that his property was adjacent to the subject land on the north next to the dwelling owned by the applicant. He stated he had purchased the property two years ago and had completed substantial rejuvenation of the dwelling which he intended to retain. He ob-. jected to the proposed rezoning stating he was concerned with being between the R-5 apartments on the north and the proposed commercial property on the south. He stated he was essentially concerned that his residential property would be devalued. Motion by Commissioner Jacobson, seconded by Com- Close Hearing missioner Pierce to close the public hearing. The motion passed unanimously. Chairman Scott again recognized the applicant who stated that when Mr. Baumeister had bought the property at 7014 Brooklyn Boulevard the use on the adjacent property was the nonconforming Lowry Realty offices and that he was not aware of any objections to that particular use. Mr. Rockstad also recalled that in 1966 when he acquired the property, the zoning was R-B (Residential -Business) which included office uses; and he stated that as a realtor he could not agree that residential properties would necessarily depreciate. Mr. Rockstad suggested that his experience indicated surrounding land values would probably appreciate, particularly if they were included in a concurrent or subsequent C=1 rezoning. He concluded by stating that he felt the C-1 zoning would enhance the area and that it was unlikely the property along Brooklyn Boulevard could be uniformly developed with more apartments. Commissioner Foreman stated the item appeared at this time to be similar to a 1976 rezoning request for property at 69th and Humboldt Avenue North from R-4 to C-1 . He stated he could see merit in a C-1 re- zoning, but only if it were consistent with the Comprehensive Plan concept of a planned development area, i .e. all of the nonconforming R-5 properties would be included. He stated, for example, that the ongoing conversion of the old City Hall for use by Community Emergency Assistance Program (CEAP) was a C-1 type of public use. Commissioner Pierce stated that he saw merit in the applicant's contention that R-5 possibly was not the best „land use in this area but that he would prefer to make a final decision after receiving input from the Northwest Neighborhood Advisory Group. Commis- sioner Horan agreed stating he preferred to wait for the Group's input, but that the rezoning should be treated on an area basis and not simply on a parcel- by-parcel basis. He stated an undesirable precedent could be easily established if individual parcels were rezoned simply to suit a particular development on that property without accounting for the highest and best land use of surrounding properties. 1-27-77 -2- Commissioner Kohrt stated that he preferred to re- ceive the input from the Northwest Neighborhood Group before reaching a decision. Commissioner Jacobson agreed and stated she felt that "spot zoning" should be avoided and that the entire area should be reviewed. Chairman Scott stated that it was consistent with the Comprehensive Plan and Planning Commission practice to review rezonings on an area basis. She felt there was merit to rezoning the Brooklyn Boule- vard property between 70th and 71st from R-5 to C-1 . She explained to those present that it was established Commission policy to refer all rezoning requests to the Neighborhood Advisory Group for review and comment. She explained that notices would be sent for subsequent hearings before the Planning Commission and City Council . Action Tabling Application Motion by Commissioner Foreman, seconded by Commis- No. 77001 (Richard Rockstad) sioner Jacobson to table Planning Commission Appli- cation No. 77001 submitted by Richard Rockstad and to refer the matter to the Northwest Neighborhood Advisory Group for review and comment. The motion passed unanimously. Application No. 77004 The next item of business was review of Application (Brookdale Motors, Inc.) No. 77004 submitted by Brookdale Motors, Inc. The item was introduced by the Secretary who stated the applicant has acquired the Chrysler-Plymouth dealer- ship at 6121 Brooklyn Boulevard. He stated a non- transferable special use permit had. been granted to Mr. Eymard Schramm (Application No. 72086) who was no longer involved with the operation. He stated that Chrysler Realty remained the owner of the property. Chairman Scott recognized a representative of the applicant who stated he had nothing further to add to the application. Chairman Scott stated that a public hearing had been scheduled and that notices had been sent to neighbor- ing property owners, none of whom were present. Close Public Hearing Motion by Commissioner roreman, seconded by Commis- sioner Jacobson to close the public hearing. The motion passed unanimously. The Secretary stated a particular concern with this application was the agreement between Chrysler Realty Corporation and the City of Brooklyn Center relative to operational aspects of the dealership. He stated he had reviewed this agreement and the site plan with applicant and had provided the applicant with copies of those documents. Recommend Approval of Motion by Commissioner Foreman, seconded by Commis- Application No. 77004 sioner Jacobson to recommend approval of Application (Brookdale Motors, Inc. ) No. 77004 submitted by Brookdale Motors, Inc. subject to the following conditions: 1 . The special use permit is issued to the applicant as operator and is nontransferable. 2. The operational agreement between Chrysler Realty and the City (as comprehended under Application No. 68035) shall become a permanent attachment to the special use permit. The motion passed unanimously. Recess: The meeting recessed at 9:10 p.m. and resumed at 9:25 p.m. -3- 1-27-77 The next item of business was consi-deration of Application No. 77005 Application No. 77005 submitted by Howard Johnson (Howard Johnson Company) Company. The item was introduced by the Secretary who suggested two related Applications, No. 77006 and No. 76046, also be reviewed in conjunction with this application. He stated the applicant proposes a 237 seat Ground Round Restaurant on the site in the Brookdale east perimeter area immediately north of the Bachman Garden Store. He explained that plans were approved last year for a retail center on this site but that approval was never exercised and no permits were issued. He explained the seating and number of employees as proposed requires 126 parking spaces, 55 of which are on the site. He stated the balance was to be provided, by a joint parking agreement, on adjacent land owned by Dayton Hudson Corporation as in the case of the approved retail center which also had a parking deficiency. He stated that Application No. 76046 was the original approval of a joint parking agreement and that present consideration constituted, an amendment to that application. The Secretary stated that Application No. 77006 con- stituted a special use permit request, since live entertainment eas proposed for the restaurant. The Secretary and Director of Public Works reviewed the submitted site and building plans and explained numerous detail corrections which had been added to the plans following staff review. He explained that most of the items were notes calling for required information which had not been provided, or denoted details which were inconsistent with ordinance or code requirements. Commissioner Foreman stated he was disappointed that the plans were not completely in order and stated that it was established Commission policy not to take action on plans until they were consistent with all arnolicable requirements. Chairman Scott recognized Mr. Walter Francois who represented the applicant, Mr. Bill Sheehy who repre- sented the contractor, and Mr. George Bestrom who represented Dayton Hudson Properties. She agreed with Commissioner Foreman's remarks and said that she could not endorse the plans until the appropriate revisions had been made. Commissioner Horan commented as to the landscape treatment on the east side of the site and suggested that in addition to a ground cover of mulch, appro- priate plantings also be provided. He stated he recognized that sodding of this sloped area would not be appropriate due to maintenance considerations, but that mulch alone was inadequate. Commissioner Pierce agreed and a brief discussion ensued as to the landscaping plan. He suggested that the applicant consider plantings in the parking delineators and that efforts should be made to provide as much berming as possible in the limited area around the perimeter of the site. ' 1-27-77 -4- Table Application No. 77005 Following further discussion, there was a motion by (Howard Johnson Company) Commissioner Foreman, seconded by Commissioner Kohrt to table Application No. 77005 submitted by Howard Johnson Company to permit the applicant the oppor- tunity to make necessary revisions and corrections . on the submitted plans prior to further review. The motion passed unanimously. Application No. 77006 The Secretary stated relative to Application No. (Howard Johnson Company) 77006 that live entertainment and eating establish- ments are a special use in the C-2 district. Public Hearing Chairman Scott stated that a public hearing had been scheduled and that none of the notified property owners were present. Motion by Commissioner Jacobson, seconded by Commissioner Foreman to close the public hearing. The motion passed unanimously. Table Application No. 77006 Following a brief discussion, there was a motion by (Howard Johnson Co.) Commissioner Jacobson, seconded by Commissioner Foreman to table Application No. 77006 pending dis- position of the previous application for site and building plan approval . The motion passed unanimously. Amendment to Application Extensive discussion ensued relative to the proposed No. 76046 amendment to Application No. 76046 submitted by (Dayton-Hudson Properties) Dayton Hudson Properties. The Secretary explained that the application consisted of a joint parking proposals which originally had been approved for the Titus, Inc. retail center. He reviewed a layout which had been submitted at the meeting and explained that the joint parking consisted of use of an approxi- mate 150 foot wide strip of land to the east which belonged to Dayton Hudson Corporation. He stated this area had been used by the theater and that the City Council , upon approval of the theater site and building plans, had authorized a private agreement between the theater and Dayton Hudson Properties for the joint parking. He stated the plan showed there was adequate parking space to satisfy the deficiency of the proposed restaurant and of the theater. Chairman. Scott stated, however, that the submitted plan showed the same parking layout as that submitted for the Titus application, and she recalled that the condition of approval had been the parking and traffic flow layout would be revised to be compatible with the existing theater and proposed use. She stated her concern that perhaps once such a plan had been developed, the number of parking spaces might be significantly altered. Commissioner Pierce stated his concern that the parking area currently hacked physical delineation which he felt would be necessary because of the higher intensity use. The Director of Public Works agreed stating that a combination of proper physical delineation, signery, and striping was essential . Table Application No. 76046 Following further discussion, there was a motion by (Dayton Hudson Properties) Commissioner Pierce, seconded by Commission Horan to table the amendment to Planning Commission Appli- cation No. 76046 submitted by Dayton Hudson Properties, to allow the applicant opportunity to make necessary revisions which will assure adequate traffic flow, parking space design, and physical delineation for the joint parking area; and further that such design should clearly reflect the available parking spaces and the compatibility between the theater site and the proposed restaurant site. The motion passed unanimously. „ -5- 1-27-77 Commissioner Jacobson left the table at 10:40 p.m. Jacobson Leaves In other business, the Director of Public Works Other Business presented the latest proposed plans from the State Highway Department comprehending the installation and the upgrading and revision of FAI-94. He ex- plained various design modifications to the proposed roadway, and to the proposed right-of-way acquisition, and the provision for noise abatement in the entire freeway project area. An extensive discussion ensued relative to the provision for noise abatement design and the timing of the proposed construction. Motion by Commissioner Horan, seconded by Commissioner Endorse Plans for Kohrt to endorse the latest proposed plans for the F. A. I . 94 Constructio installation, revision and upgrading of I-94 through Brooklyn Cneter. The motion passed unanimously. In other business it was the consensus of the Commis- Meeting Date sion to schedule the regular February meeting for 8:00 p.m. , February 17. Motion by Commissioner Foreman, seconded by Commissioner Adjournment Pierce to adjourn the meeting. The motion passed un- animously. The Planning Commission adjourned at 11 :25 p.m. Chairman l 1-27-77 -6-