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HomeMy WebLinkAbout1977 11-17 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 STUDY SESSION November 17, 1977 Call to Order: The Planning Commission met in study session and was called to order by Chairman Cecilia Scott at 8:10 p.m. Roll Call : Chairman Scott, Commissioners Engdahl , Horan and Book. Also present were City Manager Gerald Splinter, Director of Public Works James Mer.ila, Director of Planning and Inspection Blair Tremere and Planning Aide Laurie Thompson. Approve Minutes Motion by Commissioner Engdahl seconded by Commissioner 11-10-77 Book to approve the minutes of the November 10, 1977 meeting as submitted. The motion passed unanimously. Application No. 77061 and Following the Chairman's explanation the first item of Application No. 77062 business was consideration of Application .No. 77061 and (Brooklyn Center Industrial Application No. 77062 submitted by Brooklyn Center Park) Industrial Park. The Secretary introduced the items stating that Application No. 77061 represented a proposal to rezone, from R-7 to C1-A, a new 10 acre site for the regional library located south of the high-rise apartments in the 6000 block on Shingle Creek Parkway, and to rezone, from C1-A to R-7, the former 10 acre site in the 5900 block on Shingle Creek Parkway which was rezoned, on December 6, 1976 under Application No. 76058, from R-7 to C1-A. The Secretary stated that Application No. 77062 represented a com- panion request for approval of a preliminary registered land survey of the area. The Secretary reviewed a transparency of the original and new proposed library sites . He explained that following the rezoning in 1976. it had been deter= mined that the original site was not suitable and that . the County had negotiated with the Brooklyn Center Industrial Park for the proposed site located to the north of the original 10 acre site. He commented that the proposed registered land survey would combine Tract B, R.L.S. 1359 with a part of Tract A, R.L.S. 1440 and would leave part of Tract A, R.L.S. 1440 as a remnant tract. He stated it was recommended that to eliminate this remnant tract, all of R.L.S. 1440 be included in the preliminary registered land survey as a separate .tract subject to future platting. The Secretary also reviewed another concern with the new application. He stated a survey of the area made by Hennepin County comprehends an access by private easement across the adjacent parcel . To allow an alignment with John Martin Drive, the proposed private roadway easement would effectively create an unusable remnant, an isolated triangle of land. Commissioner Horan questioned why the triangle could not be deeded to the County. Commissioner Book stated it had no use except possibly to meet density requirements of the other parcel . He stated there was also some advantage in it not being tax exempt as it would be were it owned by the County. Commissioner Pierce Arrives: Commissioner Pierce arrived at 8:25 p.m. The Secretary showed slides of the area and pointed out the location of the proposed private roadway. There was a question from Commissioner Horan as to the size of the remnant triangle. The Director of Public Works responded that it was approximately a half acre in size. The Secretary pointed out that, while it was not a large parcel , it was a key area aesthetically since it fronted onto Shingle Creek Parkway. -1- 11-17-77 The Secretary presented conceptual site plans for the library site which had been submitted by Hennepin County for the Planning Commission's review. In response to questions from Commissioners Engdahl and Pierce as to size and elevation of the building, the Secretary re- sponded that these were not known at this time. He pointed out the location of the remnant triangle on the conceptual site plan. Commissioner Pierce stated that he could see no future use for the piece except as a green area. Chairman Scott stated that she saw no problem with the creation of the remnant area as long as a maintenance agreement was filed with the private roadway agreement. The City Engineer responded that proper documentation of the maintenance agreement could be a condition of the registered land survey approval . Chairman Scott recognized Mr. Roger Newstrum, who represented the applicant. Mr. Newstrum stated that a maintenance agreement would be part of the private roadway agreement. Commissioner Horan asked whether it would be possible that the County would purchase the piece eventually. Mr. Newstrum responded that it was possible. He also stated that he had no objection to combining Registered Land Survey No. 1440 into the new registered land survey. Commissioner Horan stated that he was concerned that while the triangle would be used as part of the library site, it would be actually located in a separate zoning district and could be subject to rezoning in the future. Chairman Scott responded that it would not be a separate legal parcel and could only be rezoned as part of the entire parcel . The Secretary stated that as long as the maintenance of the land was properly documented as the applicant . had indicated, the concern was diminished. Mr. Newstrum stated that there is a similar situation existing between the Cinema Theater, Uncle John's Restaurant and the Brooklyn Center Industrial Park which represented a tri-party agreement for maintenance of a parcel Chairman Scott announced that public hearings had been Public Hearings scheduled for both of the applications. It was noted that no one spoke relating to the applications. There was a motion by Commissioner Pierce seconded by Commis- sioner Horan to close the public hearings. The motion passed unanimously. Following further discussion there was a motion by Recommend Approval of Commissioner Engdahl seconded by Commissioner Pierce Application No. 77061 to recommend approval of Application No. 77061 sub- (Brooklyn Center mitted by Brooklyn Center Industrial Park subject to Industrial Park) replatting of the site by registered land survey. The motion passed unanimously. There was a motion by Commissioner Pierce seconded by Recommend Approval of Commissioner Horan to recommend approval of Application Application No. 77062 No. 77062 submitted by Brooklyn Center Industrial Park, (Brooklyn Center as amended, subject to the following conditions: Industrial Park) 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The final plat is subject to documentation of a maintenance agreement of the private drive and the isolated triangular piece indicated on the proposed site plan. The motion passed unanimously. 11-17-77 -2- Application No. 77066 The next item of consideration was Application No. (Dr. William. Mattison) 77066 submitted by Dr. William Mattison. The Secretary explained the application represented a request for parking plan approval for a parking lot to be located at 5827 Brooklyn Boulevard. The Secretary reviewed a transparency of the area explaining that the entire strip south of the Cross of Glory Church to 58th Avenue along Brooklyn Boulevard was zoned C-1 , but, except for an existing office building and the applicant's dental clinic at 5831 Brooklyn Boulevard, the area contained nonconforming single-family homes . He stated that this application was significant because it represented a realization of the Comprehensive Plan goal for the area. The Secretary showed slides of the area showing the existing dental clinic and the neighboring single- family houses. He pointed there was an existing right- in - right-out driveway onto Brooklyn Boulevard. The Commission reviewed the proposed parking plan. In response to suggestions from Commissioner Pierce, the City Engineer stated that it was possible to adjust the parking lot curb cut to a right angle driveway for easier access and egress and to retain an existing tree - located- in the area of the proposed curb cut. The Secretary stated that underground irrigation was indicated on the plans for the remote green areas. In response to a question from Commissioner Pierce, the Secretary responded that the elm trees on the site were Chinese Elms and were in good condition. He further commented that the applicant intends to add more landscaping to the site. Commissioner Horan stated that since they lose their leaves in the winter, he did not feel that the lilacs used as screening along the rear property line repre- sented sufficient screening to the R-1 property located behind the dental clinic. The Secretary responded that the ordinance required a protective 15 foot greenstrip with an opaque fence or wall or Council-approved sub- stitute when a C-1 property borders an R-1 property. He stated the Council had approved the lilac hedge as sufficient screening when the original site and build- ing plans for the clinic were approved. Commissioner Pierce questioned the handicapped accessi- bility of the site. The Secretary stated that the Building Inspector felt a handicapped ramp could be added, but that the applicant contends that handicapped access is from the front with the handicapped persons receiving assistance on the stairs . He stated that handicapped accessibility is required with major re- modeling and that it was recommended that the ramp be added at this time. Chairman Scott recognized the applicant, Dr. William Mattison, and asked him whether he understood the Com- mission's concern about the screening in the rear of the property. Dr. Mattison replied that there had never been a problem with the current resident. He stated a fence could be insalled, but because of the denseness of the hedge, part of the hedge would have to be destroyed in order to locate the fence near the property line. In response to a question from Commis- sioner Horan, the applicant stated that he occasionally had evening hours. Commissioner Horan questioned whether there was any problem with headlights coming into the clinic shining into the residence. The appli- cant responded that it had never been a problem. -3- 11-17-77 The Secretary reviewed slides showing the rear yard of the existing house and the shrubbery screening. A discussion ensued relative to screening and the handicapped accessibility. The Secretary stated that it was not uncommon for plantings to be approved for screening in C-1 developments such as this. He stated that if a problem with the screening arises in the future, the application could be brought back for review and that further screening could be required at that time. Commissioner Book noted that a storm drainageway indicated on the plan appeared to imply an easement with the property owner to the rear and questioned the City Engineer as to the status of this easement. The City Engineer responded that it was not firm yet, but that he saw no problem with this. There was a motion by' Commissioner Book seconded by Recommend Approval of Commissioner Pierce to recommend approval of Application Application No. 77066 No. 77066 submitted by Dr. William Mattison subject to (Dr. William Mattison) the following conditions: 1 . Grading, drainage, and utility plans are subject to approval by the City Engineer. 2. 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 3. Adequate handicapped accessibility to the building shall be provided, as approved by the Building Official . The Secretary informed the applicant that revisions to the parking plan reflecting the relocation of the drive- way should be made prior to City Council review of the application. The Planning. Commission recessed at 9:25 p.m. and resumed Recess at 9:55 p.m. The next item of consideration was Application No. 77067 Application No. 77067 submitted by Northwestern Bell Telephone Company. The (Northwestern Bell Secretary introduced the application, explaining that Telephone Company) the applicant was seeking a special use permit for a gasoline storage and dispensing facility at the rear of the office and service buil-ding located at 6540 Shingle , Creek Parkway. The Secretary reviewed a transparency of the area and showed slides of the site, pointing out the proposed location of the facility. The Secretary stated that the front portion of the building is an office facility and the rear portion is inside parking for telephone company utility trucks . He explained that when the City Council approved the site and building plans for the building under Application No. 70039, it also approved a variance to permit certain outside storage in recognition that large, heavy telephone wire reels would be difficult to store and handle inside a building. He stated the applicant proposed the location of the gasoline facility in the vicinity of the existing storage area, and the existing storage area fencing would be removed and a concrete pad would be installed, The Secretary commented that through approval of the special use permit for this gasoline facility, the applicant would forego the variance for outside storage. He stated that if there is to be an outside storage area, it must be evaluated separately. 11-17-77 -4- _ Chairman Scott recognized Mr. Roger Bolz who represented the applicant. She inquired as to whether the Telephone Company was proposing any outside storage at this time. Mr. Bolz replied that the manager of this facility had indicated that there was a need for outside storage for telephone wire reels. In response to' questions from Commissioner Pierce and Engdahl , Mr. Bolz respond- ed that both full and empty reels would be stored out- side and that there was no space in the garage for storage since it was filled with vehicles. Commissioner Engdahl asked what size tanks were being proposed. The applicant responded that two-10,000 gallon tanks were proposed. Commissioner Engdahl inquired as to any traffic problems with the tanker trucks being able to negotiate turns on the site. The Secretary stated that there is through access from Shingle Creek Parkway to James Avenue. He stated that the deliveries could be made at night. In response to a question from Commissioner Pierce, the Secretary stated that a gasoline service license was required for bulk storage of gasoline tanks . Commissioner Horan stated that he was concerned about the outside storage. Chairman Scott stated that the Commission was not approving outside storage under this application. The Secretary explained that because the applicant desired to install the gasoline facility now before cold weather sets in, the applicant was risking that the outside storage might not be approved later on. An extensive discussion ensued relative to the proposed location of the gasoline facility and the possible location of the outside storage area. The applicant stated that approximately the same size (60 ft. x 60 ft.) storage area would be needed in the future. Public Hearing Chairman Scott stated a public hearing had been scheduled and that none. of the notified property owners was present. Commissioner Book stated his concern that the submitted site plan did not reflect the outside storage area desired, and that the location of the facilities was crucial given the parking and driving layout. It was the consensus of the Commission that the pro- posed location of the facility and of the storage area should be reevaluated in view of the number of parking spaces required against those available to see where the tank area and the storage area would best fit. The Commissioners generally agreed that there was no object- ion to the gas facility, but that the location and parking requirements were major concerns. Commissioner Pierce suggested that the outside storage area should be in line with the existing setbacks of adjacent structures. Table Application No. 77067 There was a motion by Commissioner Horan seconded by (Northwestern Bell Telephone Commissioner Book to table Application No. 77067 sub- Company) mitted by the Northwestern Bell Telephone Company to allow for reevaluation of the location of the proposed facility, and to permit the applicant time to revise the plans as necessary to reflect all desired uses. The motion passed unanimously. -5- 11-17-77 The next item of consideration was Application No. Application No. 77065 77065 submitted by John D. Sheehan, Jr. The (John D. Sheehan, Jr.) Secretary explained that pursuant to one of the conditions of approval of Application No. 77024 for Holiday Inn addition, the applicant was seeking . approval of a preliminary registered land survey which would combine and redivide the present Holiday Inn site and the large I-1 zoned tract to the west. He reviewed a transparency and slides of the area, pointing out that the Holiday Inn addition would be taking 140 feet of that existing adjacent parcel and that the'new vacant parcel would be approximately 405 feet wide at Freeway Boulevard and 7 acres in area. Chairman Scott announced that a public hearing had Public Hearing been scheduled. It was noted that the applicant was not present. The Secretary reported that Mr. Roger Newstrum, representing Brooklyn Center Industrial Park, the owner of the I-1 zoned tract, had indicated that Brooklyn Center Industrial Park had no objections to the proposed Registered Land Survey. The Chairman noted no one else was present to speak to the application.. A discussion ensued relative to the land located south of the Holiday Inn site. Chairman Scott stated. that, with the closing of the Humboldt Avenue Interchange, ' the highway land would revert to private owners and that this could create a landlocked parcel . It was the consensus of the Commission that a master plan should be developed to provide access to that land as further development in this area is proposed. Following further discussion of the needed master Recommend Approval of planning, there was a motion by Commissioner Book Application No. 77065 seconded by Commissioner Engdahl to recommend approval (John D. Sheehan, Jr.) of Application No. 77065 submitted by John D. Sheehan, Jr. subject to the following conditions: 1 . Final registered land survey is subject to review by the City Engineer. 2. Final registered land survey is subject to the requirements of Chapter 15 of the City Ordinances. The motion passed unanimously. In other business, the Secretary presented a draft Other Business ordinance which would incorporate the rezoning criteria policy approved by the Planning Commission. and City Council into the City Ordinance. The Planing Recommend Approval and Commission reviewed the draft ordinance and there was a Adoption of Ordinance motion by Commissioner Pierce seconded by Commissioner Amendment Relative to Horan to recommend approval of the draft ordinance. Rezoning Evaluation Criteria The motion passed unanimously. The Planning Commission reviewed the status of Application Other Business No. 77034 submitted by Richard Rockstad for a variance from the required minimum 35 ft. greenstrip along major thoroughfares in the C-1 district. It was the consensus of the Planning Commission to direct preparation of additional research and graphic materials reflecting the greenstrip requirements in relation to major thoroughfares. The Secretary presented a conceptual site plan for the area at 68th and France Avenue North. He stated this was a conceptual site plan only and that the developer had asked for the Commission's comments. The Commission reviewed the conceptual plan and indicated some concern with the parking being located at a distance from the proposed townhouses . 11-17-77 -6 Adjournment There was a` motion by Commissioner Pierce seconded by Commissioner Book to adjourn the meeting. The Planning Commission adjourned at 11 :00 p.m. Chairman -7- 11-17-77