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HomeMy WebLinkAbout1977 04-14 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 REGULAR SESSION April 14, 1977 CITY HALL Call to Order: The Planning Commission met in regular session and was called to order at 8:10 p.m. by Chairman Cecelia Scott. Roll Call : -Chairman Scott, Commissioners Jacobson, Pierce, Horan, and Kohrt. Also present were Director of Public Works and Director of Planning and Inspection Blair Tremere. Approve Minutes: Motion by Commissioner Jacobson and seconded by 3-24-77 Commissioner Horan to approve the minutes of the March .24, 1977 meeting as submitted. Voting in favor: Chairman Scott, Commissioners Jacobson, Horan, and Pierce. Not voting: Commissioner Kohrt who was not present at that meeting. The motion passed. Application No. 77013 Following the Chairman's explanation, the first (Mrs. Mary Super) item of business was consideration of Application No. 77013 submitted by Mrs. Mary Super. The item was introduced by the Secretary who stated the applicant is seeking preliminary plat approval involving property at and across from 5445 Lyndale Avenue North. He stated the item comprehends the division of an existing lot which would result in the creation of a new parcel adjacent to 5445 Lyndale Avenue North on the west side of Lyndale Avenue. He .stated the plat also comprehends the replatting of an existing outlot on the east side of Lyndale adjacent to the Mississippi River, and the parcel would continue to be designated as an unbuildable outlot except that it would be part of this new description. Chairman Scott recognized Mr. Steve Pierce, who represented the applicant, and a discussion ensued relative to the topography of the property as well as the location and design of the proposed I-94 freeway right-of-way to the west of the property. Recommend Approval of Following further discussion, there was a motion Application No. 77013 by Commissioner Horan and seconded by Comissioner (Mrs. Mary Super) Pierce to recommend approval of Application No. 77013 submitted by Mrs. Mary Super subject to the following conditions: 1 . The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the re- quirements of Chapter 15 of the City Ordinances. The motion passed unanimously. Application No. 77014 The next item of business was consideration of (Microtronics, Inc..) Planning Commission Application No. 77014 submitted by Microntronics, Incorporated. The item was introduced by the Secretary who stated the appli- cant is seeking special use permission as reouired in the I-1 district for a proposed occupancy of the former Kennedy-Cohen, Building, 2400 Freeway Boulevard. He stated he had received a telephone call earlier in the day from the president of _1_ 4-14-77 B. C. I P. who indicated there was some_question as to whether the applicant would in fact locate at this premises. He stated a public hearing had been sched- uled and Chairman Scott recognized Mr. Richard Grones, who represented B. C. I . P., Incorporated. Mr. Grones stated that representatives of the applicant were not present and confirmed that there was in fact some question as to whether the applicant would locate in the former Kennedy-Cohen building or in another building in the Industrial Park. Chairman Scott noted that none of the notified property owners, other than B. C. I. P. , were present and she deferred the matter to a later time in the meeting to allow for the arrival of representatives of the applicant. Later in the meeting, it was determined that no rep- Table Application No. 77014 resentative of the applicant had arrived and there was (Microtronics, Inc.) a motion by Commissioner Kohrt, seconded by Comissioner Jacobson to table Application No. 77014 submitted by Microtronics, Incorporated until the Secretary is able to clarify the status of the application. The motion passed unanimously. The next item of business was consideration of Appli- Application No. 77015 cation No. 77015 submitted by Mr. Robert DeGardner. (Robert DeGardner) The item was introduced by the Secretary who stated the applicant seeks a variance from Chapter 15 to permit subdivision by metes and bounds description of property at 5450 Emerson Avenue North. He stated the property is a legal single parcel comprised of four approximate forty ft. wide lots platted in the early N and E Perkins Addition at the southeast corner of 55th and Emerson Avenues North. He stated the proposed division would create an approximate sixty ft. lot consisting of one of the forty ft. lots and half of an adjacent one south of the existing dwelling, He stated that.sixty ft. wide lots for single family dwellings are permitted by the Subdivision Ordinance in the R-2 district. He stated the proposed lot would be approximately 7,700 square feet in area which exceeds the ordi- nance minimum of 7,600 square feet. Chairman Scott recognized the applicant and a brief discussion ensued. Chairman Scott noted that a public hearing had been Public Hearing scheduled and that none of the notified property owners was present. Motion by Commissioner Pierce, . seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. Following further discussion there was a motion by Recommend Approval of Commissioner Kohrt, seconded by Commissioner Pierce Application No. 77015 to recommend approval of Application No. 77015 (Robert DeGardner submitted by Robert DeGardner since the request is consistent with the standards for variance from Chapter 15; the proposed division and description does not detract or confuse the existing description;- divisions by metes and bounds description have been permitted on already platted parcels -in circumstances similar to this in the Southeast Neighborhood; and, subject to the conditions that no other variances are implied or granted. The motion passed unamiously. 4-14-77 -27 Continued Consideration of The next item- of business was consideration of Application No. .77011 Application No. 77011 submitted by Mr. Kenneth (Kenneth Bergstrom) Bergstrom. The item was introduced by the Secretary who stated the applicant proposes rezoning, from C-2 to R-1 , of the approximate eight acre tract located immediately east of the Humboldt Square Shopping Center. He stated the item was considered at public hearing on March 10, 1977, and was tabled so that it could be referred for further review and comment by the Northeast Neighborhood Advisory Group. He stated the Group has submitted the minutes of its meeting on March 22, 1977, and that all members present were in favor of the rezoning. The Secretary explained that, should the Commission determine that there is merit in the rezoning request which represents a major zoning change, it is man- datory that the Comprehensive Plan be amended. He stated the Comprehensive Plan calls for this area to be zoned commercial for purposes of ultimate de- velopment as a neighborhood shopping center. He further commented that the Plan states this area, because of its central location in the neighborhood, represents the most desirable area for a commercial center unless it is determined the neighborhood is adequately served by existing or nearby shopping facilities. An extensive discussion ensued, and in response to a question by Chairman Scott, the Secretary stated that the Zoning Ordinance in Section 35-202 provides for specific procedures which must be followed before a recommended amendment to the Comprehensive Plan can be forwarded to the City Council . _ Chairman Scott stated that she could support the request and the amendment to the Comprehensive Plan in light of the following: 1 . Humboldt Square Shopping Center adequately serves the Northeast Neighborhood. 2. There is a need for additional R-1 land in the Northeast Neighborhood. 3. There is not a perceived need for addi- tional C-2 development in this area. 4. The owner has proposed the rezoning changes and it represents a reasonable use of the property. 5. There is additional substantial vacant land zoned C-2 in the Northeast Neighborhood. Chairman Scott recognized Mr. Frank Adler who is an adjacent property owner and a brief discussion ensued as to the proposed rezoning and possible consequences if it were not developed as proposed. Further discussion ensued as to the nature of the proposed subdivision of single family lots and the need for substantial permanent buffering along the west perimeter of the development to protect the single family properties. Table Application No. 77011 Motion by Commissioner Jacobson, seconded by Com- (Kenneth Bergstrom) missioner Kohrt to table Application No. 77011 sub- mitted by Mr. Kenneth Bergstrom to permit the drafting of a resolution recommending appropriate amendment of the Comprehensive Plan and the scheduling of the `necessary public hearing for that amendment. The motion passed unanimously. -3- 4-14-77 v The next item of business was consideration of a Amendment to proposed amendment to Application No. 76041 submitted Application No. 76041 by Meadow Corporation regarding the approved planned (Meadow Corporation) residential development north of 69th Avenue North at Unity Avenue North. The item was introduced by the Secretary who stated the master plan, preliminary plat, and site and building plans for Phase I of the proposed Fox Run project were approved by the City Council on October 18, 1976. Fie stated the proposa,l comprehended a mixture of three-unit town- house/garden apartment condominiums and two-family attached condominium units. He stated that on February 28, 1977 the City Council. approved an amendment to the plans consisting of a widening of the main roadway and increased front yard setback of the proposed units along that roadway. He stated the applicant now proposes to amend the site and building plans in conjunction with a re- cently adopted ordinance amendment which affects planned residential developments by permitting single family attached dwellings platted as a condo- minium development. He stated the proposal compre- hends virtually all two-unit structures, each on their own lot, and the only townhouses (by definition three or more units horizontally attached) which would be developed would be in the latter phases at the north end of the project. The Secretary stated the total number of units remains the same overall (320) , although there are adjustments within certain phases. He stated that Phase I , for which site and building plans have been approved, still contains twenty units. Chairman Scott recognized the applicant, Mr. Duane Dietrich, and an extensive discussion ensued. The Director of Public Works noted the developer had inquired about proceeding with site preparation of the proposed roadway at the north end of the project since there was an opportunity to dispose of some of the poorer material on the site and replace it with a good material . The Director of Public Works stated there was merit in this and that it was not often such an opportunity arose. He explained that develop- ment of the roadway into the north end of the project would be a function of the installation of Phase II since it would be necessary to provide sanitary sewer lines from the north. Following further discussion there was a motion by Recommend Approval of Commissioner Jacobson, seconded by Commissioner Amendment to Pierce to recommend approval of the proposed amend- Application No. 76041 ments to Application No. 76041 relative to the pro- (Meadow Corporation) vision for two-unit single family attached condo- minium units as indicated on the master plan, and specifically with respect to site and building plans for Phase I subject to the original conditions of approval by the City Council on October 18, 1976. The motion passed unanimously. The next item of business was consideration of Amendment to amendment to Application No. 76044 submitted by Application No. 76044 Meadow Corporation. relative to platting of the (Meadow Corporation) approved planned residential development north of 69th Avenue North at Unity Avenue North. He stated that the application comprehended an amendment to the preliminary plat for the planned residential development which was approved on October 18, 1976 consisting of a Phase I, with two blocks and twenty platted individual lots, as well as ten outlots representing the balance of the project. 4-14-77 -4- He stated the proposed amendment relates to the site and building plan amendments recommended under Application No. 76041 , namely the provision for two-unit condominium dwellings throughout the project except for townhouse-type structures in the later phases. The Secretary also stated that another aspect of the proposed amendment to the preliminary plat was specifically disrecommended at this time. He stated that a portion of the approved Outlot F, which lies northeasterly of the Creek and is bounded by the municipal boundary on the north and the property line on the east, has been designated on the amended Plat as a new'outlot (Outlot G) , separate from the approved Outlot F. He stated the applicant contends that the owner prefers this division since tech- nically the land area is not necessary to support the density for the project and because it is adjacent to property in Brooklyn Park in which the owner apparently has some interest. The Secretary further stated that the proposed Outlot G is disrecommended because it is totally landlocked and there is no specific proposal for its use other than as part of the overall planned residential development. He stated that, while the owner at some time in the future may in fact propose and gain approval of some use which would make the creation of this parcel feasible within ordinances standards, no such development has been submitted. The Secretary and Director of Public Works reviewed the proposed plat amendments stating the proposal was in order with the exception of the designated Outlot G. Chairman Scott recognized Mr. Dietrich and a brief discussion ensued. Recommend Approval of Motion by Commissioner Kohrt, seconded by Commis- Amendment to sioner Pierce to recommend approval of the amendment Application No. 76044 to Application No. 76044 subject to the following (Meadow Corporation) conditions: 1 . The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the require- ments of Chapter 15 of the City Ordinances. 3. The ownership, management and maintenance of all outside common areas and common facilities, including roadways, utilities and street lighting, shall be under the jurisdiction of one homeowners association. 4. Homeowners association agreements and bylaws shall be submitted to the City; shall be subject to review and approval by the City Attorney; and shall include: a. Provisions for the City to provide maintenance and revitalization of roadways, utilities and other common use facilities, in the event the City deems such maintenance and revitalization necessary, with the cost of such expense which might be incurred to, be assessed to the property owner; _5_ 4-14-77 b. Provisions for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35-410 (5) fo the City Ordinances. 5. The approval of the proposed amendment compre- hends Blocks land 2 with 20 platted lots in Phase I, as well as Outlots A through F as reflected on the original approved preliminary plat. The motion passed unanimously. The meeting recessed at 10:00 p.m. and resumed at Recess 10:15 P.M. The Secretary discussed City Council deliberation on Discussion Items Application No. .77001 regarding.,rezoni.ng of the northeast corner of 70th Avenue North and Brooklyn Boulevard. He stated the Council had directed staff to investi- gate means of rezoning within the Comprehensive Plan guidelines. The Secretary also reviewed the status of the Miss- issippi River Critical Area Act and the planning re- quirements. He explained a work plan was being developed. The Secretary also commented on the Metropolitan Mandatory Land Planning Act, and stated the City had received a preliminary systems statement from the Metropolitan Council staff. A number of pending items were also discussed. The Secretary stated an inquiry had been received con- cerning an auction house in a C-2 location; and that such use was not permitted unless found to be similar in nature to other C-2 permitted uses. It was the concensus of the Commission that detailed information regarding the proposed auction facility would be necessary to make that determination. Motion by Commissioner Jacobson, seconded by Com Adjournment missioner Horan to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 11 :25 p.m. ha i rma n 4-14-77 -6-