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HomeMy WebLinkAbout1977 07-20 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNtPIN AND THE STATE OF MINNESOTA M REGULAR SESSION JULY 20, 1977 CITY HALL Reconvene June 23 Meeting The Planning Commission of June. 23, 1977 was reconvened by Chairman Cecilia Scott at 7:30 p.m. Adjourn June 23 Meeting Motion by Commissioner Pierce seconded by Commissioner Engdahl to adjourn the June 23, 1977 meeting. Voting in favor: Chairman Scott, Commissioner Pierce, and Commissioner Pierce and Commissioner Engdahl . Not voting: Commissioner Horan who was not present at that meeting. Motion passed. Call to Order: Chairman Scott then called to order the regular meeting of the Planning Commission at 7:40 p.m. Administer Oath of Office The Secretary administered the Oath of Office to Mr. James Book who was appointed by the City Council to fill the seat vacated by Robert Foreman. . Roll Call : Chairman Scott, Commissioners Engdahl , Book, Pierce and Horan. Also present were Interim City Manager and Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere and Planning Aide Laurie Thompson. Approve Minutes: Motion by Commissioner Engdahl seconded by Comissioner 6-23-77 fierce to approve the minutes of the June 23 meeting as submitted. Voting in favor were: Chairman Scott, Commissioners Engdahl and Pierce. Not voting: Com- missioners Horan and Book who were not present at that meeting. Motion passed. Application No. 77031 Following the Chairman's Explanation the first item (Theresia Dunn) of business was consideration of Application No. 77031 submitted by Theresia Dunn. The item was introduced by the Secretary who stated the applicant requests a variance from Chapter 15 of the City Ordinances (Sub- division) to permit subdivision of a residential lot at 5835 Camden Avenue North by metes and bounds de- scription. He stated the proposed division would create a new lot facing Aldrich Avenue North which_ would be 118.36 feet wide and 135.30 feet deep. Chairman Scott announced the Commission was sitting as the Advisory Board of Adjustments and Appeals. The Secretary stated the Subdivision Ordinance pro- vides that variances may be authorized when, in the Council 's opinion, undue hardship may result from strict compliance. He reviewed the ordinance stand aids for granting a subdivision variance. Public Hearing Chairman Scott stated that a public hearing had been scheduled and recognized Mr. Peterson of 5835 Aldrich Avenue North who inquired as to the minimum lot width standards and the zoning of the land. Close Public Hearing Motion by Pierce seconded by Engdahl to close the public hearing. The motion passed unanimously. Commissioner Scott stated that the request was similar in nature to others approved in this area, barticularly for lots which are already platted. The Secretary explained that the resulting legal description would not be complicated by the metes and bounds description because the property had been platted and the division split the lot in half. _1- 7-20-77 Following a brief discussion, there was a motion by Recommend Approval of Commissioner Engdahl seconded by Commiss )ner Horan Application No. 77031 to recommend approval of Application No. 77031 submitted (Theresia Dunn) by Theresia Dunn authorizing a division of Lot 25, Lyndale Riverside Acres Addition creating .two resi- dential lots of 135.30 depth; noting that the request satisfies the ordinance standards for granting a sub- division variance, and further that no other variances are granted or implied. The motion passed unanimously. The next item of business was consideration of Appli- Application No. 77023 and. cation No. 77023 and Application No. 77030 submitted Application No. 77030 by Cepco, Incorporated. The items were introduced by (Cepco, Inc.) the Secretary who stated Application No. 77023 consisted of a Preliminary Plat proposing a resubdivision of Lot 1 , Block 2, Ewing Lane Addition. He stated the property is bounded by 63rd Avenue on the north, Ewing Lane on the east and France Avenue North on the west. He stated _ the south 160 feet of the property is zoned R-2 (One and Two Family Residential ) whereas the remainder is zoned R-4. He explained the replatting would establish a formal lot line at the present zoning line and would also create two 80 foot wide lots within the R-2 zone. The Secretary also explained that there is a deficiency for each of the proposed R-2 lot areas caused by the zoning line which was established by the City in 1968. He stated the deficiency per lot is approximately 215 square feet for R-2 uses, and this could be viewed as neglibible since the lots exceed the ordinance with respect to width and depth. The Secretary commented on Application No. 77030 which consists of site and building plans for the construction of R-3 townhouse units on the R-4 zoned land. He re- viewed the site layout which also indicated the con- figuration of the proposed duplex dwellings on the R-2 portion. The Secretary and Director of Public Works stated that there were a number of items regarding the site layout which required further review and that recent changes made to the plans by the applicant had not been fully. evaluated with respect to applicable ordinance and code standards . The Secretary recommended that, following the Commission's review of the concept, Application No. 77030 be tabled. Chairman Scott then recognized Mr. Warren Carlson, President of Cepco, Incorporated, who commented that the proposed plat was submitted to conform with City Ordinance requirements regarding individual lots for one and two family dwellings. He stated it was the applicant's intent to retain common ownership of the entire property. He stated all the units would be rented. Chairman Scott stated that a notice of public hearing Public Hearing had been published relative to the Preliminary Plat and that no one was present. An extensive discussion ensued regarding the Pre- liminary Plat and Commissioner Horan inquired, as to the R-2 area deficiency. The Secretary stated that the zoning line had been established by the City in 1968, and apparently had been located following an approximate calculation of the necessary footage for two family dwellings . He stated the ordinance re- quired a minimum 6,200 sq.' ft per dwelling unit, or 12,400 sq. ft. per lot. He stated the technical variance recognizing the area deficiency could be inherent in the subdivision approval and there had been similar situations in the past regarding single . family and two family subdivisions. He also stated that the minimum width and depth exceeded the ordi- nance minimum standards for single family lots, and that it was apparent from the applicant's conceptual layout that two family dwellings could be located on the properties without the need for any setback variances. 7-20-77 -2- Commissioner Pierce commented on the conceptual plan which showed a common driveway and parking area for the duplex lots and the Secretary responded that .it may be necessary prior to the issuance of building permits to resolve the questions of whether a formal cross easement would be necessary to accommodate that design. Further discussion ensued as to the zoning of the area, and the Secretary explained that the R-2 zoning had apparently been provided as an intermediate land use from the R-4 to the adjacent R-1 to the south. He explained that this was a common technique used in the Comprehensive Plan and Zoning. Further review ensued relative to the conceptual plans and the Secretary reiterated the recommendation that the Site and Building Plan approval application be tabled to allow further review of the site plan relative to density and layout. Relative to the proposed landscaping plan, Commissioner Horan stated that the proposed trees consisting of . Green Ash, Linden and Red Maple species were 1 3/4 inch diameter. He stated this seemed relatively small , particularly for the Red Maple trees, and sug- gested that a larger size planting be provided. The Secretary commented that the Zoning Ordinance re- quired a minimum of three 6" in diameter long-lived hardwood trees for the project, and the plans in- dicated there were several trees existing on the property which satisfied that ordinance requirement. In further discussion, it was the consensus of the Commission that the landscape and planting schecule be more specific as to the distribution of the pro- posed trees and plantings by -type; and that the pro- posed Red Maple variety be of 2 to 22 in. diameter. In further discussion the Director of Public Works recommended that the Preliminary Plat application also be deferred so it could be presented to the City Council with the Site and Building Plans. Mr. Carlson stated he had no objection. Table Application No. 77023 Motion by Commissioner Engdahl seconded by Commis- (Cepco, Inc.) sioner Pierce to table Application No. 77023 pending further review and dispostion of Application No. 77030. The motion passed unanimously. Table Application No. 77030 Following a brief discussion there was a motion by (Cepco, Inc. ) Commissioner Pierce seconded by Commissioner Horan to table Application No. 77030 submitted by Cepco, Incorporated to permit further review of the Site and Building Plans with respect to applicable codes and ordinances; and to permit the revision of the landscape schedule to indicate a more specific distribution, of the proposed trees and to amend the minimum diameter of the Red Maple to 2 - 22 in. . diameter. The motion passed unanimously. Application No. 77024 The next item of business was review of Application (John Sheehan, Jr, for No. 77024 submitted by John Sheehan, Jr. for Holiday Holiday Inn) Inn. The item was introduced by the Secretary who stated the applicant was seeking Special Use Site and Building Plan approval for a 68 room addition to the Holiday Inn; 1501 Freeway Boulevard. He ex- plained the transient lodging was a special use in the C-2 and I-1 districts. He stated the expansion area to the west involves the use of land contained in the adjacent tract. -3- 7-20-77 The Secretary reviewed the proposed plans Ind presented slides of the site. He stated the plans )mprehend the provision for large vehicle parking, since the experience with the Holiday Inn indicates a need for such facilities. He stated it is common that large vehicles such as semi- trailer trucks and recreational vehicle motor homes' utilize the motel facilities and occupy up to 8 or 9 automubile parking spaces. He stated no provision for the special parking was made in the original approval ' and the proposed plans indicate five such spaces at- the southwest corner of the site. The Secretary also stated the parking plans reflect 374 spaces versus the ordinance requirement of 409, or a variation of 35 spaces. He explained the 'plans indicate the 35 spaces represent a 24% factor of the 145 spaces allocated to the restaurant and lounge uses within the motel . He stated this appears to be a reasonable joint- use factor since a definite element of the restaurant trade is composed of motel guests for whom parking has been provided by a separate calculation for the motel units . Chairman Scott recognized Mr. John Sheehan, Jr. and Mr. Janis Blumentals and an extensive discussion ensued relative to the parking layout and parking space pro- visions . Commissioners Horan and Pierce suggested that the Holiday Inn install appropriate signery and adopt appropriate policies for customers when they register and are seeking parking spaces which would direct them to the special vehicle parking area. Chairman Scott stated that her experience indicated a severe parking problem at the Holiday Inn when the banquet rooms were in use and specifically when they were being used for local oriented functions not in- volving motel residents. She inquired whether banquet room facilities had been specifically accounted for in the parking calcualtion and the Secretary responded in the negative. He stated the original approval had apparently presumed there would be adequate parking because normally the banquet facilities were used by persons staying at the motel . He agreed that local use of the facilities could generate a problem. Chairman recounted instances where she and others had been re- quired to park some distance from the property in order to attend functions at the Holiday Inn. In further discussion it was estimated that the capacity of the banquet facilities was 300 persons and the Secretary stated the ordinance provision for places of public assembly, such as auditoriums, theaters and schools was one parking space for every three seats or approximately 100 spaces . Mr. Blumentals commented that there was no expansion of the banquet facilities in the proposed plans, but rather j.ust an addition of rooms. He stated, however, that with the additional land being acquired approximately 40 additional parking spaces were provided in excess of those needed for the additional units. Chairman Scott stated however that, with the future development of the land to the west as well as the up- grading of the freeway whereby Freeway Boulevard would become a highly used major thoroughfare, there would be little expansion opportunity for the Holiday Inn if that was not enough parking. 7-20-77 -4- The Secretary commented that much of the overflow parking by Holiday Inn patrons was now on Freeway Boulevard and that, as Chairman Scott suggested, when I-94 is upgraded, no parking would be permitted on Freeway Boulevard. Commissioner Book inquired as to the status of the land south of Holiday Inn since the Humboldt Interchange was to be eliminated. He asked the Director of Public Works whether that land would become available for use by the Holiday Inn. The Director of Public Works stated 'that it was not clear at this time whether the property not needed for high- way purposes would revert to the Holiday Inn or whether it would revert to some other owner. During further discussion the Secretary commented that there was indicated on the plan an open area for a putting green and a shuffleboard court. He verified the dimensions and indicated that that area could be converted to parking within ordinance standards there- by providing approximately 25 parking stalls. He said that combined with the approximate 40 stall in- crease with the propoosed plan, there would be a total potential for approximately 65 stalls beyond what exists at this time. The Director of Public Works and the Secretary also stated that it appeared there were certain greenstrip areas on the site which could be redesigned to expand parking spaces if they were needed.Chairman Scott stated. that it appeared that that amount of additional parking would be satisfactory for the banquet use and suggested that the approval recom- mendation contained specific language referring to the deferrment of the parking in the area now occupied by the putting green and the shuffleboard court. The Secretary explained that this would be in order since this was a special use and furthermore, if ex- perience indicated a need for the additional parking the special use permit could be reviewed and parking installed according to the amended plan. Jacobson Arrives: Commissioner Jacobson arrived at 9:00 p.m. During further review in the plans, Chairman Scott inquired whether the required underground irrigation system had been installed throughout the green areas of the existing site and if it had, whether it was operable.. Mr. Sheehan stated that such a system had been installed, and to his knowledge it was operable. Chairman Scott stated that the condition of the land- scaping around the site indicated that perhaps it was not functioning properly, and the Secretary stated that the status of the system would be verified prior to the City Council meeting. He stated that since the present plans required underground irrigation for all landscaped areas, corrections or modifications could be made to the existing site at that time. Public Hearing Chairman Scott noted that a public hearing had been scheduled and that none of the notified property owners was present. The Secretary stated a letter had been received from B.C.I .P. , Inc. stating no ob- jection to the request. In further discussion the Secretary stated the re- quired automatic fire extinguishing system was to be installed throughout the addition including sprinkler heads in the individual units. He also stated the building code required smoke detectors in each of the individual units and furthermore, the code by State law would require retro-fitting existing units with smoke detectors by approximately January 1 , 1980. He suggested that the retro-fitting be accomplished at this time, and that would represent a cost savings in labor and materials to the applicant. Mr. Sheehan stated that it was the intent of the applicant to in- stall the smoke detectors in all units at this time. -5- 7-20-77 Additional discussion ensued as to compliance. with the State Handicapped Regulations and Mr. Sheehan and Mr. Bl umental s indicated the plans :reflected for provi'sio n. ` for 9 handicapped units in the new addition, -and th at there were two existing handicapped units. The Secretary also stated that a resubdivision would be required involving the Holiday Inn parcel and the adjaceni' one from which the additional land would be taken. He stated no application had been submitted at this time, and this requirement should be specified in the recommendation. Motion by Commissioner Horan seconded by Commissioner Recommend Approval of Engdahl to recommend approval of Application No. 77024 Application No. 77024 submitted by Mr. John Sheehan, Jr,. for Holiday Inn (John Sheehan for Holiday subject to the following conditions: Inn) 1 . Building plans are subject to approval by the Building Official with respect to applicable codes and ordinances prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and Financial Guarantee (in a form and amount ap- proved by the City Manager) shall be submitted to assure completion of approved site improvements . . l 4. The site shall be combined through i platting or registered land survey which shall be filed and made of record prior to occupancy. - 5. All rooftop mechanical equipment and outside trash disposal facilities shall be appropriately screened. 6. Plan approval comprehends the potential use of the designated recreational area indicated on the plan and of certain green areas on the site for parking; and at such time that the City deems additional parking necessary, the special use permit shall be reviewed by the City and the additional parking shall be installed according to approved plans and existing ordinance requirements. The motion passed unanimously. The meeting recessed at 9:30 p.m. and resumed at 9:40 Recess p.m. The next item of business was Application No. 77025 Application No. 77025 submitted by Kurth Survey, Incorporated for Car-X (Kurth Surveying, Inc. Service Systems, Incorporated. The item was intro- for Car-X Service Systems, duced by the Secretary who stated the applicant was Inc.) seeking approval of a preliminary registered land survey for property at 6810 Brooklyn Boulevard. He stated the proposed registered land survey would combine the subject property from two Tracts into one Tract. He stated the combination was required by the Zoning Ordinance and was classified as a condition of approval in Application No. 76067 and in Application No. 77020. 3 -6 1-20-7i 3 The Secretary stated that a letter had been received from the owner, as required by the City Council under Application No. 77020, stating an understanding of the need for the combination and that property would not be subject to future subdivision as long as it was used for the commercial purposes approved under the above applications. Public Hearing Chairman Scott stated that the public hearing had been published and that no one was present. Chairman Scott recognized Mr. Kurth and a brief dis- cussion ensued. Recommend Approval of Motion by Commissioner Engdahl seconded by Commissioner Application No. 77025 Book .to recommend approval of Application No. 77025 (Car-X Service Systems) submitted by Kurth Surveying, Incorporated for Car-X Service Systems, Incorporated subject to the following conditions: 1 . Final R.L.S. is subject to review by the City Engineer. 2. Final R.L.S. is subject to the require- ments of Chapter 15 of the City Ordinances. The motion passed unanimously. Application No. 77026 The next item of business was consideration of Appli- (Real Estate 10, Inc.) cation No. 77026 submitted by Real Estate 10, In- corporated. The item was introduced by the Secretary who stated the applicant proposed a rezoning from R-1 (Single Family Residential ) to C-1 (Service/Office Commercial ) of the triangular. parcel on the east side of Trunk Highway 152 bounded by the highway, and on the north by the municipal boundary, and on the south- east by the Shingle Creek greenstrip easement. He ex- plained that the applicant proposed to construct an office building and intended to remove the existing single family structure. He further stated there are no public utilities to this property, but that it is possible to construct the necessary utility lines. The Secretary stated that the Comprehensive Plan pro- vides for future maximum development along Brooklyn Boulevard of Service/Office versus retail type uses, and that the specific parcel was not classified by the Comprehensive Plan other than as the existing single family use. He explained that one of the considerations for leaving the property zoned R-1 in 1968 was the lack of sewer and water, and that no development other than single family use could be permitted until the utility services connection was provided. He stated that construction would be costly; and it appeared to be virtually prohibitive for single family development. The Secretary also stated that the applicant had pre- pared an Environmental Assessment work sheet patterned after the form used by the Environmental Quality Board of the State Planning Agency. He said this inform- ation was being reviewed by staff with particular respect to flood plain considerations and to the sensitivity of Shingle Creek and the Shingle Creek greenstrip. He stated the greenstrip at this time consisted of a 100 foot easement overlying the Creek, and that the Public Works Department was reviewing the terms of that easement as to its use and design. The Secretary explained that long range plans call for a walkway along the Creek, and that assurance could be made for that at the time of development and re- platting. The Director of Public Works responded to several questions regarding t-he utilities and stated that there were several alternative means of providing water and sower to the property. He stated the various alternatives had been discussed with the ap- plicant. ..7w 7-20-77 The Secretary also stated that inquiries 3d been re- ceived from the owner of the R-3 zoned pr..per-ty im- mediately across from this parcel regarding rezoning possibilities there. He stated that consideration of this application should account for area wide concerns. In response to a question by Commissioner Engdahl , the Director of Public Works described, the type of access to the property from Trunk Highway 152`. He stated that a single access would be appropriate for this property. Commissioner Scott announced that a public hearing had Public Hearing been scheduled and she recognized Mrs. Schutt, 7301 Noble Avenue North. Mrs . Schutt stated that, because of the general residential development in the area and the commercial development in Brooklyn Park, it would be preferable to leave the property zoned R-1 . She indicated that she lives in Brooklyn Park but owns a small piece of property in Brooklyn Center to the east of the subject. parcel . She commented that due to the high traffic in the area and the need to preserve the natural environment along the Shingle Creek green- strip, as well as that which bounded her property, residential development should be preserved. In response to a question regarding traffic raised' by Mrs . Schutt, the Director of Public Works commented' that the proposed zoning was a Service/Office Com- mercial that did not comprehend retail uses, whereas much of the development in Brooklyn Park to which Mrs. Schutt had referred, was of the retail type. Following further discussion there was a motion by Close Public Hearing Commissioner Jacobson seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. In further discussion Commissioners Engdahl and Horan inquired about the use of the easement for parking. It was explained that the conceptual plan indicated a portion of the easement on the northwest side would be used for parking. The Secretary explained that easements could not be built upon and Chairman Scott inquired as to the relationship of this easement along Shingle Creek and the greenstrip in -the Brooklyn Center Industrial Park which had not been used for parking or density purposes . The Director of Public Works stated that the difference between the Shingle Creek greenstrip at the subject location and that in the Brooklyn Center Industrial Park was that the Industrial Park greenstrip was a dedicated right-of-way owned by the City, whereas the greenstrip along the Real Estate 10 property con- sisted of an easement which belongs to the owner. During further discussion Commissioner Horan stated that the request should be reviewed within the context of the Comprehensive Plan and specifically with respect to area wide impact and area land uses . Chairman Scott stated that she felt the parcel had unique character- istics and could be treated on its merits within the general zoning concerns of the Comprehensive Plan, and that further input should be obtained from the staff regarding the environmental concerns as well as the input from the Northwest Neighborhood'Group. Motion by Commissioner Engdahl seconded by Commissioner Table Application No. 77026 Jacobson to table Application No. 77026 and to refer (Real Estate 10) the request to the Northwest Neighborhood Advisory Group for review and comment. The motion passed unanimously. He stated that the common area in the north-south phase would also be a separate block rather than a lot. He ,F commented that this was for purposes of clarity and consistency with the subdivision ordinance, and cited the Creek Villas Townhouse Addition as an example of that layout. Mr. Levy responded that their surveyor had expressed some concern about that format since he Am ication No. 77027 The next item of business was review of Application ( oy J. Hansen for Wetterau No. 77027 submitted by Roy J. Hansen for Wetterau Builders and B.C.I.P. , Inc.) Builders and B.C.I .P. , Incorporated. The Secretary stated the application consisted of a preliminary registered land survey for property at 6000 Earle Brown Drive which is bounded by Trunk Highway 100, Earle Brown Drive and Summit Drive. He stated the sub- division was a stipulation of Application No. 77021 submitted by Wetterau Builders for a retail sales facility which was under construction. Public Hearing Chairman Scott stated that a notice of public hearing had been published and that no one was present. The Secretary stated that a letter had been received from B.C.I .P. , Incorporated stating their support of the application. Recommend Approval of Following a brief discussion there was a motion by Com- Application No. 77027 missioner Jacobson seconded by Commissioner Pierce to (Roy J. Hansen for Wetterau recommend approval of Application No. 77027 submitted Builders and B.C.I .P. , Inc.) by Roy J. Hansen for Wetterau Builders and B.C.I .P. , Incorporated subject to the following: 1 . Final R.L.S. is subject to review by the City Engineer. 2. Final R.L.S. is subject to the require- ments of Chapter 15 of the City Ordinances. Application No. 77028 The next item of business was review of.AApplication (Bruce Ranney for IDS, Inc.) No. 77028 submitted by Bruce Ranney for IDS, In- corporated. The item was introduced by the Secretary who stated the request was for a Preliminary Plat approval for property known as the Riverbrooke Town- house Addition at 66th Avenue North at Camden Drive. He stated the request was a replat of the subdivision which was approved approximately 5 years ago when site and building plans were approved. He stated the present subdivision consists of 38 lots for the town- houses and one lot representing the entire common area. He explained also that the proposed replat involves a name change to Riverwood Townhomes Addition and that it comprehends the 20 existing lots in the north-south phase which would not be separate from the east-west phase which is proposed as an Outlot with no in- dividual lots indicated. The Secretary stated that the division line between the east-west phase and the north-south phase allows for adequate density for the portion which has been constructed. He stated that if the Outlot would be subdivided and developed separately in the future, there would be less total units than if it were combined with the constructed portion. The Director of Public Works stated the Preliminary Plat was being reviewed by the State Highway Depart- ment and that there was indication on plans for up- grading Trunk Highway 169 that a certain amount of land would be needed for street or walkway purposes along the east side of the proposed Outlot. Public Hearing Chairman Scott stated that notice of a public hearing had been published and that no one was present. She then recognized Mr. Levy, the attorney for the applicant, and Mr. Ranney who commented on the design for the proposed subdivision. The Secretary r+commended that the Preliminary Plat be amended t-- designate each cluster of townhouses as a block, with. each townhouse as a lot within that block. -9- 7-20-77 t He stated that the common area in the north-south phase would also be a separate block rather than a lot. He j commented that this was for purposes of clarity and consistency with the subdivision ordinance, and cited the Creek Villas Townhouse Addition as an example of that layout. Mr. Levy responded that their surveyor had expressed some concern about that format since he questioned whether Hennepin County would find it acceptable. The Director of Public Wcrks stated that the County had expressed no objection to previous townhouse subdivisions where that format had been used. Following further discussion there was a motion by Recommend Approval of Commissioner Engdahl seconded by Commissioner Horan Application No. 77028 to recommend approval of Application No. 77028 sub (I .D.S. , Inc.) mitted by IDS, Incorporated subject to the following conditions: 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the require- ments of Chapter 15 of the City Ordinances. 3. The ownership, management and main- tenance of all outside common areas and common facilities, including roadways, utilities, and street lighting, shall be under the juris- diction of one Homeowners Association. 4. Homeowners Association Agreements and By-laws shall be submitted to the City; shall be submitted to review and approval by the City Attorney; and shall include: a. Provisions for the City to provide maintenance and revi tal ization 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; b. Provisions for water and sewer main and fire hydrant maintenance and inspection agreements pursuant -o Section 35-410 (5) of the City Ordinances. 5. The final plat shall be amended to reflect a format consisting of blocks and lots con- sistent with the City Ordinance provided such format is acceptable to Hennepin County as verified by the City Engineer. The motion passed unanimously. The next item of business was consideration of Application Application No. 77029 No. 77029 submitted by Steel Seal , Inc. The item was intro- (Steel Seal , Inc.) duced by the Secretary who stated the applicant seeks a Special Use Permit to conduct an automotive repair and treatment activity in the new Speculative Building No. 7 at 1600 67th Avenue North. He reviewed a letter sub- mitted to the file by the applicant describing the nature of the use which consists of automobile rustproofing. Chairman Scott recognized Mr. R. L. Pothen who represented the applicant and a brief discussion ensued as to the nature of the proposed activity. Mr. Pothen stated it would be the intent of the applicant to contain all of the activity within the building and that the service is primarily for new cars prior to delivery to the customer. He stated that it was the intent of the applicant to install an overhead door opening on the east side of , the buildinq so that vehicles could pass through the facility during the treatment process. Chairman Scott stated concern with respect to the pro- hibition of outside storage or outside activities in the Industrial Park district. Mr. Pothen stated there would be no outside storage of vehicles on the premises. Public Hearing Commissioner Scott stated that a public hearing had been scheduled and recognized Mr. Janis Blumentals who represented B.C.I .P. , Inc. and who expressed no ob- jection to the application. The Secretary stated that a letter had been submitted to the file by B.C.I .P. , Inc. stating no objection to the application. le Public Nearing Motion by Commissioner Jacobson seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. Recommend Approval of Following a brief discussion there was a motion by Application No. 77029 Commissioner Jacobson seconded by Commissioner Engdahl (Steel Seal , Inc.) to recommend approval of Application No. 77029 submitted by Steel Seal , Inc. subject to the following: 1 . The permit is issued to the applicant as owner and is not transferable. 2. The permit is subject to all applicable ordinances, codes and regulations and violation thereof shall constitute grounds for revocation. . 3. Building plans and certificate of oc- cupancy are subject to approval by the Building Official with respect to applicable codes . 4. Outside parking of vehicles other than those belonging to the establishment or to employees shall be limited to business hours, and outside parking of vehicles in process at any other time is prohibited. The next item of business was consideration of Appli- Application No. 77032 cation of No. 77032 submitted by Brooklyn Center Baptist (Brooklyn Center Baptist Church, 5840 Humboldt Avenue North. The item was in- Church) troduced by the Secretary who stated the application represents a proposal for the construction of an ac- cessory building which would serve as a garage for church- owned vehicles and equipment. He stated the applicant has also submitted a site plan which indicates several improvements necessary for upgrading the existing parking lot and bringing certain areas into conformance with City Ordinance standards. j Chairman Scott announced 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 i Commissioner Engdahl to close the public hearing. The motion passed unanimously. Chairman Scott recognized Mr. Ron Bloom who represented the applicant and a brief discussion ensued as to the use of the garage. A brief discussion also ensued as to provision for handicapped access to the church. Chair- man Scott suggested that the Church should take that into consideration as future plans are developed for possible expansion. The Secretary stoned t hat the church made use of the Earle Brown Grade School facilities when overflow parking was necessary. Mr. Bloom presented a letter from a representative from the Brooklyn School District stating they had no objection to the church periodically using the school 's lot. } -11- 7-20-77 The Secretary stated that the Church had additional land which could be used for oarkina and that the church was arouosina to defer installation of.additional park- ing until plans had been developed for expansion of church facilities . The Secretary stated there were certain areas of the parking lot which did not have curbinu at this time and that that would also be deferred until future development. Following further discussion there was a motion by Recommend Approval of Commissioner Pierce seconded by Commissioner Book to Application No. 77032 recommend approval of Application No. 77032 submitted (Brooklyn Center Baptist by Brooklyn Center Baptist Church at 5840 Humboldt Church) Avenue North subject to the following conditions: 1 . The Building Plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Site drainage, grading, and curbing are subject to review by the City Engineer. 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 site improvements. 4. Specific site improvements comprehended by the approval include the correction of the greenstrip and curbing require- ments along 59th Avenue North and along Humboldt Avenue North. The installation -involving curbing, paving and greenstrip materials will be according to standards. The motion passed unanimously. In other business the Secretary stated the Rezoning Other Business Evaluation Criteria would be sent to the Commissioners prior to the next meeting. In other business the Secretary stated that a joint meeting had been scheduled by the City Council for August 15 at 7:30 p.m. which involved all of the Advisory Commissions. Regarding the Aug{ast meetings, the Secretary stated the Planning Commission meetings were scheduled for August 11 and August 25.' In other business the Secretary reviewed the number of pending items and suggested that the Commissioners Familiarize themselves with the sites Grid with various Ordinance requirements applicable to those proposals . Motion by Commissioner Jacobson seconded by Commissioner Adjournment Book to adjourn the meeting. The Planning Commission adjourned at 12:10 a.m. Chairman 7-20-77 -12-