HomeMy WebLinkAbout1977 04-14 PCP PLANNING COMMISSION AGENDA
REGULAR MEETING
April 14, 1977
1 . Call to Order: 8:00 p.m.
2. Roll Call :
3. Approval of Minutes: March 24, 1977
4. Chairman's Explanation: The Planning Commission is an advisory body. . One
of the Commission's functions is to hold public
hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City
Council . The City Council makes all final decisions
on these matters.
5. Ms. Mary Super 77013
Preliminary Plat Approval for property at and across
from 5445 Lyndale Avenue North.
6. Microtronics, Inc. 77014 '
Special Use Permit for educational and retail uses at
2400 Freeway Blvd.
7. Robert DeGardner 77015
Variance from Chapter 15 to permit metes and bounds
description division of lot at 5450 Emerson Avenue
North.
8. Kenneth Bergstrom 77011
Rezone, from C-2 to R-1 , land in 1300 Block south
of 69th Avenue North (Tabled March 10, 1977) .
9. Meadow Corporation 76041 & 76044
Approval of amendments to the site and building
plans and to the preliminary plat for the Fox Run
project north of 69th Avenue North at Unity Avenue
North.
10. Discussion Items:
a. Council Action on Application No. 77001
b. Proposed Rezoning Evaluation Criteria
c. Mississippi River Critical Area Act
d. Metropolitan Mandatory Land Planning Act
e. Pending Items
11 . Other Business:
12. Adjournment
• Planning Commission Information Sheet
Application No. 77013
Applicant: Mrs. Mary Super
Location: Property at and across from 5445 Lyndale Avenue North
Request: Preliminary Plat Approval
The applicant is proposing a Preliminary Plat comprehending 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. The plat also comprehends
the replatting of an existing outlot on the east side of Lyndale adjacent to the
Mississippi . River, and the parcel continues to be designated as an outlot except
that it would be part of this new division. No new parcel is proposed on this
property.
We have reviewed the division with respect to City Ordinances and with respect to
the Mississippi River Corridor Critical Area Act regulations and find that it is
in order.
Approval would be subject to the following:
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.
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Planning Commission Information Sheet
Application No. 77014
Applicant: Microtronics, Inc.
Location: 2400 Freeway Boulevard
Request: Special Use Permit
The applicant is seeking special permission as required in the I-1 district for
proposed occupancy of the former Kennedy Cohen building. A letter submitted by
the applicant is attached and it outlines the nature of the proposed use. Speci-
fically, the educational aspect and the retail aspect of the proposed occupancy
require special use permission.
The ordinance at Section 35-330 3. (f) provides
Those commercial developments which in each specific case are demon-
strated to be:
1 . Compatible with existing adjacent land uses as well as
with those uses permitted in the I-1 district generally;
2. Complementary to existing adjacent land uses as well as
to those uses permitted in the I-1 district generally;
3. Of comparable intensity to permitted I-1 district land
uses with respect to activity levels;
4. Planned and designed to assure that generated traffic
will be within the capacity of available public facilities,
and will not .have an .adverse impact upon the Industrial
Park or the community.
Late last year another Special Use .Permit was granted for a retail sales operation
which has since terminated. The Performance Agreement and Bond related to that
use have been released back to the owner, F. B. S. Financial , Inc. Our information
to date indicates F. B. S. Financial , Inc. remains the owner, and it would be in
order to require again a financial agreement and guarantee for the necessary site
rejuvenation.
Approval would be subject to the following conditions:
1 . The permit is issued to the applicant as operator and is not
transferable.
2: A portion of the required parking spaces may be deferred as
indicated on the plans approved under Application No. 74022
until such time that the installation of the additional spaces
is deemed necessary by the City Council ; provided the deferred
area is planted and maintained with viable turf and vegetative
material .
3. A portion of the required underground irrigation may also be
deferred as indicated on the approved plans for the area north
of the building and parking lot; provided that such system
shall be extended to the north boundary greenstrip at such time
that the deferred parking is installed.
Application No. 77014 continued
4. The site lighting shall be repaired and/or installed so that it
will be functional prior to issuance of the permit.
5. All landscaping and parking lot improvements shall be rejuvenated,
replaced, or installed consistent to the approved site plan.
6. A Performance Agreement and supporting financial guaranted (in
amount to be determined by the City Manager) shall be submitted
to assure completion of the required improvements prior to
issuance of the permit.
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March 3, 1977
Mr. Blair Tremere
Director of Planning and Inspection
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Tremere:
This letter is to confirm our telephone conversation regarding Micro-Tronics'
desire to lease the building at 2400 Freeway Boulevard in Brooklyn Center.
Micro-Tronics is a manufacturer and distributor of microwave ovens with our
business offices located at 2121 Jefferson Street, Wisconsin Rapids, Wisconsin,
54494.
• It is our company's intention to use the above mentioned building for:
1. A national training center for training our microwave oven distributors
and owners of our products.
2. Retail and wholesale distribution center for our products.
3. Warehousing for parts, assembly and finished product.
4. Food preparation for use with our products. This will involve installing
necessary approved commercial equipment such as freezers, coolers and
cooking appliances.
We anticipate that this program will necessitate our hiring between 25 to 50
employees. I hope that this letter will explain our company's intent on the
use of the building and I would appreciate your efforts to expedite this matter
so we can obtain an occupancy permit as soon as possible. In the event you have
any furthur questions, please feel free to contact me at 929-3154 or 1611.
Sincerely :
a ter ', Broich,
Chaixman of the Board
2121 Jefferson Street / Wisconsin Rapids,Wisconsin 54494 / (715) 421-0660
Planning Commission Information Sheet
Application No. 77015
Applicant: Robert DeGardner
Location: 5450 Emerson Avenue North
Request: Variance
The applicant seeks a variance from Chapter 15 to permit subdivision by metes and
bounds description. The property is a legal single parcel comprised of four
approximate 40 foot wide lots platted in the early N and E Perkins Addition at
the southeast corner of 55th and Emerson Avenue North. There is a dwelling on a
portion of this property.
The proposed division would create an approximate 60 foot lot consisting of one of
the 40 foot lots and half of an adjacent one south of the existing dwelling. Sixty
foot wide lots for single family dwellings are permitted by the subdivision ordinance
in the R-2 district.
The proposed lot would be 7700 square feet in area which exceeds the ordinance mini-
mum of 7600 square feet.
Approval of the variance request is recommended in consideration of the property
already being platted and the proposed division and description does not detract or
confuse the existing description. Divisions by metes and bounds descriptions have
been permitted on already platted parcels in circumstances similar to this through-
out and particularly in the southeast neighborhood.
• A public hearing has been scheduled.
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Planning Commission Information Sheet
Application No. 77011
Applicant: Kenneth Bergstrom
Location: 1300 Block south of 69th Avenue North
Request: Rezoning
The applicant proposes rezoning from C-2 to R-1 of the approximate S acre tract
located immediately east of the Humboldt Square Shopping Center. 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.
The group has submitted the minutes of its meeting on March 22, 1977 and indicates
that all members present were in favor of the rezoning. A copy of the minutes is
attached.
Should the Commission determine that there is merit in -the rezoning request, which
represents a radical zoning change, it is mandatory that the Comprehensive, Plan
which speaks to this area specifically, be amended. The Comprehensive Plan calls
for this area to be retained as Commercial for purposes of ultimate development as
a neighborhood business center.
The Commission must find that this designation is not necessarily the best planned
use of the area, citing specific reasons. It must also be stated as part of the
Comprehensive Plan amendment, that the proposed zoning, if deemed appropriate,
represents the current policy determination regarding the highest and best land use
of this area.
We will be prepared to discuss the Comprehensive Plan in detail and at the direction
of the Chairman, we will have a Draft Resolution which would speak to a Comprehensive
Plan Amendment.
The Zoning Ordinance at Section 35-202 provides specific procedures which must be
followed before a recommended amendment to the Comprehensive Plan can be forwarded
to the City Council . Among other things, the Commission must conduct a public
hearing' and notice of said hearing must be published 10 days before the date of the
hearing.
The disposition of this specific rezoning application should be accomplished by
Resolution, and if the Commission determines that the proposal is in order, then it
should be tabled at this time pending the public hearing on the amendment of the
Comprehensive Plan.
We will be prepared to discuss this matter in further detail .
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Planning Commission Information Sheet
Application No. 76041
Applicant: Meadow Corporation
Location: 69th Avenue North at Unity Avenue North
Rgquest: Amendment to Approve Site and Building Plans for Fox Run Development
The master plan, preliminary plat, and site and building plans for Phase I of the
Fox Run project were approved by the City Council on October 18, 1976. The proposal
was approved as Special Use planned residential development and comprehended a
mixture of three unit townhouse garden apartment condominums and two family attached
condominums. On February 28, 1977 the City Council approved an amendment to the
plans consisting of a widening of the main roadway and increased setback of the
proposed units.
The applicant now proposes to amend the site and building plans in conjunction with
a recently adopted ordinance amendment which affects such planned residential de-
velopments by permitting single family attached dwellings which are platted as a
condominum development. Specifically, the proposal comprehends virtually all two
unit structures each on their own lot, and the only townhouses which would be de-
veloped (by definition three or more units horizontally attached) would be in the
later phases.
The total number of units remains the same overall , although there are adjustments
within certain phases. The total number proposed at this time is 320 units and
Phase I which is the subject of the specific site and building plan approval , consists
of 20 units.
• There is a matter involving the overall size and density of this project which should
be reviewed at this time. The total acreage of the Fox Run project which is bounded
on the north by the municipal boundary and on the west by the municipal boundary is
64.4 acres. The density of 320 units as proposed at this acreage would be 4.96 units
per acre. This compares with an ordinance maximum of 8 units per acre.
Subsequent to the original plan review, the applicant apparently concluded that a
northerly piece of land between the creek and the municipal boundary was not needed
for density purposes and consequently -revised the overall acreage of the project to
62 acres. No dwellings have been proposed for this small piece, which is approxi-
mately 2.4 acres in size; because of its topography and soil conditions, it had been
used for open space. The density of 320 units on 62 acres is approximately 5.9
units per acre versus the ordinance maximum of 8 units per acre.
The concern here is not so much with the density, which is obviously significantly
below the ordinance maximum, as it is with configuration and integrity with the
site. There is no basis for detaching a portion:of this property simply because
there is excess land based upon the density calculations. This matter will be re-
viewed in more detail in conjunction with Application No. 76044 which proposes an
amendment to the preliminary plat.
The recommendation would be to approve the proposed amendments regarding the design
of the units, but acknowledging at this time the overall master plan is the full
64.4 acres. The approval of the amendment would be subject to the original condi-
tions of approval by the City Council on October 18, 1976.
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Planning. Commission Information Sheet
Application No. 76044
Applicant: Meadow Corporation
Location: North of 69th Avenue North at Unity Avenue North
Request: Amendment to Preliminary Plat
On October 18, 1976 the Council approved a Preliminary Plat for the Fox Run Project
in conjunction with approval of the site and building plans for the development.
That approval comprehended Phase I consisting of 2 blocks and 20 individual lots as
well as 10 outlots representing the balance of the property and Outlot A was the
designated main roadway through the project.
The proposed amendment relates to the site and building plan amendments under Appli-
cation No. 76041 , namely, the provision of two unit condominum dwellings throughout
the project with no standard townhouse (three or more units attached) except in the
later phases.
The applicant has also proposed another amendment which we specifically disrecommend
at this time. That 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 as been designated as an additional outlot separate from the approved
Outlot F. The applicant contends that the owner prefers this division since techni-
cally the land area is not necessary to support the density,and because it is adjacent
to the property in Brooklyn Park in which the owner apparently has some interest.
This new outlot shown as 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 Fox Run Development. 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, no such development has been submitted.
Approval of the amendment to the preliminary plat comprehending the design of the
individual lots and roadway width would be subject to the following:
1 . The final plat is subject to approval by the City Engineer.
2. " The final plat is subject to the requirements 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 by-laws 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 re-
vitalization 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 owners;
b. Provisions for water and sewer main and fire hydrant
maintenance and inspection agreements pursuant to Section
35-410 (5) of the City Ordinances.
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