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HomeMy WebLinkAbout1977 03-10 PCP PLANNING COMMISSION AGENDA REGULAR MEETING March 10, 1977 1 . Call to Order: 7:30 p.m. 2. Roll Call : 3. Approval of Minutes: 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. Dayton Development Company 76046 Approve Joint Parking Agreement (amendment) for area east of Brookdale Theater ( Item tabled on January 27, 1977) . 6. Richard Rockstad 77001 Rezone, from R-5 (2z - 3 story apartments) to C-1 (Service/Office Commercial ) property at 7000 and 7006 Brooklyn Blvd. (Item tabled on January 27, 1977) . 7. Howard Johnson Company 77005 Site and Building Plan Approval for restaurant at County Road 10 and Shingle Creek Parkway. (Item tabled on January 27, 1977) 8. Howard Johnson Company 77006 Special Use Permit for live entertainment in eating establishment at 'County Road 10 and Shingle Creek Parkway. (Item tabled on January 27, 1977) . 9. Twig Leininger 77007 Special Use Permit for Recreation Center in Humboldt Square Center, 6800 Humboldt Avenue North 10. Jean Schmitt 77010 Special Use Permit for beauty shop home occupation, 6200 Brooklyn Blvd. 11 . Kenneth Bergstrom 77011 Rezone, from C-2 (General Commerce) to R-1 (Single Family Residential ) property south of 69th Avenue North (1300 Block) . 12. First Wisconsin Mortgage Company 77012 Preliminary Plat approval for Shores Townhouses, North of County Road 10, westerly of June Avenue North. 13. Other Business: 14. Adjournment: Planning Commission Information Sheet • Application No. 76046 (Amendment) Applicant: Dayton Development Company Location: East Brookdale Perimeter, West of Theater Request: Approve Joint Parking Agteement Refer to the January 27 minutes (p.5) when this item was tabled to allow the 1 applicant to make necessary revisions. j I The applicant has made design revisions to enhance the compatibility of this ` area with the using sites (theater and proposed restaurant) . The joint area provides 195 spaces. The theater needs 122 and the proposed restaurant needs 71 spaces, for a total of 193 spaces. The plan indicates several new concrete delineators to improve traffic flow. Approval would be subject to the following: 1 . The Agreements are subject to review and approval by the City Attorney, and to the legal encumbrance requirements of Section 35-720 of the City Ordinances. 2. The Agreement relative to the development comprehended by Planning Commission Application No: 77005 shall be finalized and filed as an encumbrance prior to issuance of permits for that project. 3. The Agreement shall also comprehend resolution of the parking space deficiency for the theater use as directed by Council Resolution No. 69-34. 4. 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. Planning Commission Information Sheet Application No. 77001 . Applicant: Richard A. Rockstad Location: 7000 and.7006 Brooklyn Blvd. Request: Rezoning This item was tabled at the January 27, 1977 meeting following the public hearing and referred to the Northwest Neighborhood Advisory Group for review and comment. It comprehends the rezoning, from R-5 to C-1 , of the two parcels comprising the northeast corner of 70th Avenue North and Brooklyn Boulevard. The Neighborhood Advisory Group has submitted a written report of their recom- mendation which is to retain the present zoning and a copy of the report is attached. Several considerations which apply to this application and which have been discussed by the Commission. include: 1 . Whether the request is characteristic of "spot zoning. " 2. Whether the request is consistent with the Comprehensive Plan. 3. Whether the proposed land use represents the highest and best use for the land. • 4. Related to Items 2 and 3, whether the Comprehensive Plan criteria for the area should be reconsidered. We have included elsewhere in the agenda a draft of guidelines or policy criteria which might be used in evaluating rezoning requests. (This matter has been discussed by the Commission since last year, and was to have been a topic of a study meeting earlier this month for which a quorum was not present due to the weather) . It would perhaps• be appropriate to defer final disposition of this application until the Commission has had an opportunity to more fully discuss these draft guidelines, presumably at the next study meeting. We have provided below pertinent Comprehensive Plan and other data regarding this proposal for consideration at this time. The subject property is designated by the Comprehensive Plan as being in a "planned development area" which includes the properties from 70th Avenue North to Noble Avenue North, on the east side of Brooklyn Boulevard. Specifi- cally, the plan provides (p.84) : Establish the areas along Osseo Road (as shown on the plan map) which are now vacant or subject. to. future change to a "higher" land use, as planned development districts. These areas would be permitted to be developed or re-developed only if the owner or developer does so as a "package" as opposed to individual lots and only if an appropriate use is proposed--possibly apartments, public and semi-public buildings or certain. commercial services such as clinic, professional office, etc. i • • Ii, ''� Application No. 77001 Page 2 The Commission has discussed the possibility of rezoning this entire planned development area from R-5 to C-1 and such action would appear to be consist- ent with the intent of the Comprehensive Plan. The subject application in and of itself, however, is not consistent with that proposal since it deals only with a portion of the area. The application does raise another issue that has been discussed with the Commission, namely, whether higher residential zoning such as R-5 is in effect so comparable, with respect to intensity and buffering characteristics, that the districts are somewhat interchangeable. The Commission has been periodically discussing the development of guidelines or policy criteria for this consideration, but no final determination has yet been made. We will be prepared to discuss the application and the consideration in further detail . If the request is recommended for approval at this time, re-platting of the property should be specified as a condition. i .. 75 RD AV f s. � t H/NQLe Cq£F.K z - — -- R EAST I z L J ` r2 HD t?VP Lo C(1-1 - \v\ z X W QUAIL -- `,CIRCLE �,�'� ,,v N. -- 4 J# CamI TY _ - -- --- _ >— — — z -C.E.A.P tST AV E. - - r7 \ I+ CZ��1���� _.._ I\SCHOOL 'F' ; 6 1 nn a c' L - - 10 H AV q. - { ;, V T 0TH uj La --- WILLOW LANE � -��- ��p< Q -+--- a -- PARK d' s 0. tRl I q_ t®cuwslav 1V.`• U POST \ I - > - - =+- �_ OFFICE -- - - -- _�.'J� ti WATER - TOWER -- -- — — U-- 1x fill aVE UL.�Jr"",: f1 a� — W L .;- -- .—.- -- gyt, 4. AVE N. s 94 r- _ 4 QO � / F 6 T H AVE H !. .� c ��P QP �• .jjIIIIII W ('.^.O �p i� I w u WI ): I c , TER 1-APE • March 2', 1977 To: Blair Tremere, Planning Comm. Secy. From: Northwest Neighborhood Advisory Group Subject: Review and comment on Application "To. 77001, relating to northeast corner of 70th Ave. I-o. and Brooklyn Blvd. Members Present: Douglas Olson James Carlson Dale r:agnuson Louis Terzich The above members met at 7:30 P. 1. on iiarch 1, 1977 to consider the request Ho. 77001 to rezone the subject property* from its current zoning of R-5 (Multiple Residential) to C-1 (Service/Office Commercial). In general, the Troup i,as unanimous in its opinion that "spot zoninj" should be avoided unless the entire area is reviewed. However, in the current instance, the Group was of the opinion that the current R-5 zonin from 70th Ave. Uo. along Brooklyn iilvd. presented a desireable buffer between the Commercial C-1 and C-2 zonings to t;t:e immediate south of the subject property and the existing churches, school and the single and multiple residential areas surrounding, the subject in all other directions. It was the Group's opinion that the residential character of the area should be maintained and that the subject property retain its R-5 zoning. Ver truly yours, Louis Terzich Secy, N. I-J. aeighborhood Adv. Group Planning Commission Information Sheet Application No. 77005 Applicant: Howard Johnson Company Location: County Road 10 at Shingle Creek Parkway Request: Site and Building Plan Approval Refer to the January 27 agenda and minutes (p.4) when this item was tabled so the applicant could make necessary corrections. Revised and corrected plans have been received. Three areas of concern include: 1 . The landscape materials for the east side. 2. The curbing detail on the east side. 3. The proposed 1 ,500 gallon grease interceptor. We will be prepared to discuss these in detail . There is a parking space deficiency of 71 spaces which would be satisfied upon approval and filing of the Joint Parking Agreement under Application No. 76046. Approval would be subject to the following: . 1 . Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer. 3. A Performance Agreement and supporting financial guarantee (in an amount determined by the City Manager) shaTl be submitted to assure completion of approved site improvements. 4. The parking space deficiency shall be resolved through an approved Joint Parking Agreement, per Section 35-720, with Dayton Development Company who owns the adjacent land designated as parking. The approved Agreement shall be filed as an encumbrance upon the Dayton land prior to issuance of permits. 5. Any outside trash disposal facilities and all roof- top mechanical equipment shall be appropriately screened. 6. Approval is exclusive of the grease interceptor • device shown on Sheet No. SP-2; it shall be subject to review and approval by the City with respect to applicable codes and utility policies. Planning Commission Information Sheet. Application No. 77006 • Applicant: Howard Johnson Company Location: County Road 10 and Shingle Creek Parkway Request: Special Use Permit This item was tabled on January 27, 1977, after the public hearing, pending disposition of Application No. 77005. The applicant proposes live entertainment in the Ground Round Restaurant; this is a special use in the C-2 district. . Approval would be subject to the following: 1 . The permit is issued to the operator and is not transferable. 2. The permit is subject to applicable codes, ordinances, and regulations, and violation thereof may be grounds for revocation. M _ ��\ N \ \ Amft o r7 I-T WASHR ENT AVE. F1 I O +-�—� UPTON 01 i SHINGLE AVE N \ i Al E M N .--- n r E _ � _ } s � \ �. � 77 �o _ fV li r- 1 yy \ y ._. .1..-.... 111 T. ..�._T._ AVE ` , r?G_.A t O AVE N \\C� is t AVE K \\\ w Planning Commission Information Sheet Application No. 77007 Applicant: Twig Leininger for Midwest Recreational Sales and Service Location: 6800 Humboldt Avenue North Request: Special Use Permit The applicant proposes a recreation center in the Humboldt Square Center at 69th and Humboldt Avenue North. Recreation centers are special uses in the C-2 district. A public hearing has been scheduled. The applicant has submitted two written statements describing the nature of the operation and the management policies (attached) . Also attached is a field investigation report of the applicant's present operation in Hopkins. The primary concern, as with previous ones, is with management policies (attached) . Approval would be subject to the following: 1 . The special use permit is issued to the applicant as operator, and is non-transferable. 2. The use is subject to all applicable ordinances and regulations, including special licensing requirements and violation thereof shall be grounds for revocation of the permit. 3. House rules and hours of local curfew regulations shall be clearly posted in the establishment and rigorously enforced. 4. Provision shall be made for bicycle parking racks located in a manner approved by the Planning and Inspection Department. 5. The special use permit shall be subject to review one year from date of issuance. February 15, 1977 . Brooklyn Center Offices 6301 Shingle Creek Parizuay D roo]lya Center, him 55430 RB: Special use permit Ilunbolt Square Shopping Center This irriter represents I-didwest -Recreational Sales Service who have made; an application for a special use permit for a fun center at above location. Mi% T. LeiniiVer, officer of the corporation, has filed the appli- cation and has consulted vritai police department and health officer. This resume is a statemwnt of intent as to use and policies to be maintained in the fun center. Supplementing our Jam2ary 21, 1977 letter, it is the statement of the camp any that their employee policy is as follows: 1. All employees are to be 19 years or older. 2. It is the policy of company to check the background and fai�u.ly of each awul every employee before hiring. 3. Daployees work mi a regular schedule and not hit or miss hours. Hmployees are at store to open and close xul never leave center unattended. Further, there will be two or more ei-,4)1oyees in attendance at -all, t:bles. 4. The exterior of the building is continuously checked by employees as well as inside of premises used. 5. The company has a strict policy of no credit extended to any customers. 6. Any city curfew is enforced to the letter of the ordi- nance. Brooklyn Center Offices February 15, 1977 page' 2 As to the policy of the coin-pany as to customers, the following rules and regulations are enforced ,uzd posted within the center: 1. No gambling of any kind on premises. 2. No loitering on premises. 3. Anyone misusing pin ball macidne will be asked to leave the preLdses. 4. If customers do not tear shirts and/or shoes, -no entry to premises. 5. To reclining or sitting on pool tables. 6. 110 food or beveralTes to be brou jit into promises or taken off preruses, and no food or beverages on pool tables. 7. No responsibility by o.,niers as to lost articles. S. Asitrays are provided and must be used while occupying premises. 9. All phone calls are restricted to 3 minutes i'Tuu:ima duration. Y0. No obscene or vulgar language allowed on premises. No horseplay allo►ved on pre;:uses. 11. Poo pets allowed on preruses. 12. Anyone found with drugs or liquor on pre-ruses will be inuiediately referred to police for arrest and appre- hension. 13. No standing between pin ball i achi.n.es. 14. Rest rooms are locked and controlled by a key at counter only. 15. Fun center reserves the right to refuse service to anyone. 16. Fun center hours are 12 noon to 12 midnight with curfew observance. . 37. No junior high students alloyed on prenu.ses before 2:30 P.M. each day - Pbnday through Friday. 18. Only ei loyees behind counter. These policies will be vigorously enforced by the fun center oper- ation. 7"ne success of Vie ftui center in Hopi iuis will be carried out in Brooklyn Center. • Brooklyn Center Offices February 15, 1977 Page 2 - If there are any further inquiries, this writer or T. Leini.nger will be more than willing to answer. Sincerely yours, R. P. 1iarrirm RR 1:afh ROBERT P. HARRIMAN ATTORNEY AT LAW 5 TENTH AVENUE SOUTH HOPHINS• MINNESOTA 55343 935-3425 January 21,. 1977 Brooklyn Center Offices 6301 Shingle Creek Pkwy. Brooklyn Center, Mn. Re: Application for Fun Center Attn: City Manager Poss Dear Mr. Poss: This writer represents Midwest Recreational Sales , Inc. , who request permit, license or whatever is nec- essary to operate a family fun center at the Humboldt Square Shopping Center - 69th and Humboldt Avenue North, Brooklyn Center. My client has been operating a successful and clean family fun center in Hopkins for some months. Our proposed family fun center in Brooklyn Center would be as follows : 1700 sq. ft. space six foosball machines four pool tables eight pin ball machines two video games pop sales snack counter (light food sales) candy sales The operation would be a clean one and not a problem type for the police or otherwise. I would like to discuss me with. you. !S ' c , rely yours, MEMORANDUM: Field Investigation TO: File- No. 77007 submitted by Mr. Twig Leininger • FROM: Blair Tremere DATE: March 7, 1977. Deputy Chief of Police James Lindsay, Administrative Assistant Brad Hoffman, and myself conducted a field investigation of the premises and area around 1419 Excelsior Avenue in Hopkins. This is the site of a Fun Center establishment currently operated by Mr. Twig Leininger who in an apparent partnership with his brother operates this business and a separate retail sporting and recreational equipment business in downtown ,Hopkins. The corporate entity is known as Midwest Recreational Sales, Inc. We visited with the clerk-receptionist in an office machine supply business next to the recreation center who stated there had been no substantive problems with the center. She stated that there were a large .number of young people gathered at the center, but that it was evident the°center management had strict house rules which were rigorously enforced. She stated they had had no problem with vandalism or interference with their business. She said that a Junior High School located approximately one block to east created a natural traffic pattern past the property. She commented that periodically there had been high volume noise transmitted through the wall , but that the management has resolved that problem when told about it. The business on the other side of the recreational center is an auto glass firm. One of the employees told us the major problem had been with patrons of the recreation center parking in the auto glass firm' s parking area. It was evident the parking for this entire three-tenant building was limited, and that there is street parking in front of the center. The employee stated that when the recreation center first opened there were "some" problems with young people loitering around the premises and that there had been some minor vandalism at the rear of the building. He stated however, that the management of the recreation center had resolved those problems for the most part, and that in general the operation in- his opinion was not a nuisance. Neither the office machine establishment or the auto glass firm are open in the evening, and thus there was no report of any problem with the clients of the recreation center during those hours. We also talked with the manager of the Country Club Supermarket, directly across Excelsior Boulevard. He stated that on occasien parking by patrons of the recreation center had caused some congestion problems in the grocery store parking lot. He stated, however, that the sign posted on the window of the recreation center (informing patrons that the grocery store lot is not to be used) apparently. had resolved that .problem. He stated the grocery store had realized no vandalism or loitering problems as a result of the recreation center. The individual was complimentary . , of the management exercised by the recreation center owners; and he stated • that it was obviously strict and effective. 'ONE WIN EVER GR EE W...".*,'� IN IN MIN SCHOOL mm mm mm ow No ap m ORION 4 No El Mm IN MINI INIM EM Ir A i • Planning Commission Information Sheet Application No. 77010 Applicant: Jean Schmitt Location: 6200 Brooklyn Blvd. Request: Special Use Permit The applicant proposes a single-operator beauty shop in her home. The property is zoned R-1 . There was a permit authorized for this premises, under Application No. 65045, on July 6, 1965. That approval limited the hours of operation to Wednesday through Saturday, from 9 a.m. to 5 p.m. It also provided that the permit was to be reviewed in three years to determine whether it should continue. The permit was reviewed on July 8, 1968 and was extended until July 6, 1971 . There have been no formal reviews or extensions since then; presumably the operation ceased for some time until recently when the applicant was contacted by. the Inspection Department. A November 7, 1969 letter from the City Manager to the applicant indicates there was a traffic and parking problem generated by this use. The applicant was directed to schedule appointments and provide adequate off street parking. A public hearing has been scheduled. Approval would be subject to the following: 1 . The permit is issued to the applicant as operator, and is not transferable. 2. The permit is subject to all applicable codes, ordinances, and regulations, and violation thereof shall be grounds for revocation. 3. A copy of the current State Operator's License shall be kept on file with the City. 4. Hours of operation shall be: • BROOKLANE- Mimi 4' GARDEN CITY'�: SCHOOL MEN N ,1 1 go ARK i • Planning Commission Information Sheet Application No. 77011 . Applicant: Kenneth Bergstrom Location: South of 69th Avenue North, 1300 Block Request: Rezoning The applicant proposes to rezone, from C-2 (General Commerce) to R-1 (Single Family Residential ) , the approximate 80 acre vacant parcel immediately east of the Humboldt Square Shopping Center. This land and the shopping center site have been planned, since a 1961 Northeast Neighborhood Study, as the central location for a neighborhood center. The 1966 Comprehensive Plan and subsequent consequent zoning ordinance reflect this via the C-2 designation. The Comprehensive Plan (p. 49) recommends that a site at the center of the neighborhood be designated for the shopping center, and states the subject property and the Humboldt Square land "appear to be the most appropriate location for such a facility." The same recommendation states also, "it is important that the development of the shopping center be designed as an integrated unit rather than permitting individual stores to be built in piecemeal , unrelated fashion." There have been numerous speculative proposals over the years to develop all or parts of this property; and most of the speculative proposals have ad- vocated the piecemeal type development admonished by the Comprehensive Plan. The net result over the years obviously is the Humboldt' Square Shopping Center which, since its construction approximately four years ago, has yet to realize a full occupancy. The concept of designating an area such as this for future commercial develop- ment is related to one of the goals of commercial development lited by the plan (p. 31 ) : "to provide a neighborhood shopping center for each of the six residential neighborhoods unless the residents are adequately served by community or regional shopping centers located nearby" emphasis added . One point of consideration in this matter, therefore, would seem to be not so much whether the property is a proper location for a neighborhood commercial shopping center, but whether in fact, such a commercial center is even feasible or desired. Minutes of a 1969 Northeast Neighborhood Advisory Group Study Meeting indicates that consideration was given to the possibility of rezoning all or part of this southeast quadrant at 69th and Humboldt Avenue to a high density residential (R-5) . Another consideration therefore, is whether the proposed R-1 zoning repre- sents the highest and best use for the land if, in fact, it is determined the C-2 is not. A review of the zoning of the area indicates a concentration of R-5 22 three story apartments to the north and immediately to the south. To the east is single family residential and the Humboldt Square Center is on the west. Application No. 77011 Page 2 • Another goal sited in the 1966 Comprehensive Plan is (p.48) "make single family detached housing the predominate character of the Northeast Neighbor- hood. " A March 1976 land use inventory of the City indicates single family detached dwellings comprised 48.5% of the total number of dwellings of the Northeast Neighborhood. Townhouses and Multi-Family Apartments together comprise 51 .4% of the total number of dwelling in the Northeast Neighborhood. (Incidentally, the Northeast Neighborhood contains over 41% of the total townhouse and multi-residential apartments in the City) . The subject parcel , if rezoned R-1 , could be sub-divided to approximately 22 single family dwelling units, thus increasing the number of single family detached homes by about 1%. The request should be evaluated in terms of the Comprehensive Plan and it would be in order that the Comprehensive Plan goals for this area also be re-evaluated. The key issue in the rezoning, of course, is whether the proposed zoning represents the highest and best use for the property, taking into account the variety of factors, not the least of which is whether the proposal represents in the final analysis a "spot zoning. " A public hearing has been scheduled (including notices to members of the Northeast Neighborhood Advisory Group) . It is established Commission policy to refer rezoning to the Neighborhood Advisory Group for review and comment. Planning Commission Information Sheet- Application No. 77012 Applicant: First Wisconsin Mortgage Company Location: North of County Road 10, westerly of June Avenue North Request: Preliminary Plat Approval The proposal comprehends the Shores Townhouse project. A final plat for this area was approved on October 15, 1973 for the original owner/developer, Farr Development Corporation (Application No. 73030) . That plat was never filed. This applicant acquired the project and proposes to market the units as condominium townhouses this .year. Several outlots indicated on this plat are the locations of blocks for which foundations were set, but which this applicant does not propose to develop at this time. The construction has been demolished and covered over. Copies of a revised Homeowner's Association. Agreement have been submitted and are being reviewed. Notice of public hearing was published. Approval would be subject to the following: 1 . Final Plat is subject to review by the City Engineer. 2. Final Plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The Homeowner's Association Agreement and By-laws shall be subject to review by the City Attorney. 4. 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 Homeowner's Association. 5. The Homeowner's Association Agreement and By-laws shall include: a. Provision for the City to provide maintenance and revitalization of roadways, utilities, and other common use facilities in the event the City Council deems such maintenance and revitalization necessary, with the cost of such expenses that might be incurred to be assessed to the property owners; and b. Provision for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35-410 (5) of the City Ordinances. • W W - J W 6? 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