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HomeMy WebLinkAbout1976 10-14 PCM MI14UTES OF THE PROCEEDINGS OF THE PLANNIING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSIO1'1 OCTOBER 14, 1976 CITY HALL Call to Order: The Planning Commission met in regular session at 8:05 p.m. by Chairperson pro tem Cecilia Scott. Roll Call : Chairperson Scott, Commissioners Jacobson, Horan, and Pierce. Also present were Director of Public Works James Herijolf and Director of Planning and Inspection glair Tremere. Approve Minutes: Motion by Commissioner Horan, seconded by Commissioner 9-30-76 Pierce to approve the minutes of September 30, 1976 meeting as submitted. The motion, passed unanimously. Application No. 76052 Following the Chairman's explanation, the first item (W. J. Dale) of business was consideration of application No. 76052 subri i tted by 14. J. Dale. The item was intro- duced by the Secretary who stated the applicant sought preliminary plat approval for the property located north and west of T. H. 100, south of Lakebreeze Avenue. He stated the property was that portion of the Lakebreeze Addition which had been included in the rezoning action under :application No. 76009, approved July 26, 1976. He stated a condition of the rezoning approval was that the property be replatted prior to development. He explained that when the final plat is' filed, the rezoning from I-2 to C-2 would take effect. The Secretary reviewed the site layout including presentation of slides and the Director of Public Works commented on the plat. A brief discussion ensued as to the future development of the France Avenue interchange and its effect upon this property. Chairperson Scott recognized Mr. Dale and a brief discussion ensued. Recommend Approval of Notion by Commissioner Jacobson, seconded by Application iNo. 76052 Commissioner Horan to recommend approval of Appli- 04. J. Dale) cation No. 76052, submitted by 14. J. Dale 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. The motion passed unanimously. Application Rio. 76053 The next item of business was ccnsideration of (City of Brooklyn Center) Application No. 76053 initiated by the City. The item was introduced by the Secretary who stated it comprehended rezoning, from R-1 to C-1 , of a major portion of the Hennepin County Library site at 5601 Brooklyn Boulevard, and the portion of the two adjacent parcels at 5603 and 5625 Brooklyn Boulevard. He stated the property belonged to Hennepin County which owns the library site and the three residential parcels to the north, each of which contains a dwelling. -1- 10-14-76 He stated the proposal was made in anticipation of the the County's disposition of the entire property when another site is acquired for a planned regional library and service center. He explained that an irunediate concern was that when the County property would revert to private control , it would be necessary to establish appropriate zoning for at least the library building which was suitable for service/office type use. He stated the proposed layout comprehending zoning of a portion of the two adjacent parcels represented an effort to provide adequate parking .for office type uses. The Secretary reviewed the proposed zoning layout including slides of the property. He stated a secondary concern which the Commission should consider was whether additional County-owned land should be included in the C-1 zoning. Following a brief discussion Chairperson Scott stated Public Hearing that notices had been sent to property owners within 350 feet and she opened the public hearing. Recognized were the residents of 5642, 5637, 5643, 5649 Northport. Drive who stated that only the library site and sufficient land to provide for adequate parking should be rezoned from R-1 to C-1 , and that the balance of the County-owned property should be left R-1 . The resident of 5643 Northport Drive stated that perhaps the Commission should look at the possibility of zoning the entire block south of 57th Avenue and at least the entire County property since he felt there would be development pressures eventually for that area to be zoned commercial Additional discussion ensued among the property owners as to access to this property and concern as to the intensity of traffic on Northport Drive. . Motion by Commissioner Pierce, seconded by Commissioner Close Public Hearing Jacobson to close the public hearing. The motion passed unanimously. Commissioner Pierce asked the Director of Public Works whether closing Northport Drive at any point had been considered to control the traffic through the resi- dential area. He suggested that there might be possible access to the site from Brooklyn Boulevard if sufficient land area were available from the parcel to the north. The Director of Public Works responded that the staff has examined the possibilities of closing off Northport Drive, but not in sufficient detail to mnake a recom- mendation at this time. He stated that study was conducted at the time the County considered expansion of the library and services facilities at this location. The Secretary stated that whether access could be provided from Brooklyn Boulevard was a function of whether, additional land than that proposed should be rezoned to C-1 . Commissioner Engdahl arrived at 9:00 p.m. Engdahl Arrives Chairperson Scott recognized Mr. Roger Newstruri who represented Brooklyn Center Industrial Park and who indicated that B. C. I. P. was one of the parties offering possible sites for the library/service facilities expansion. He explained that County required the proposals to include assumption of the existine library site and adjacent properties. He stated therefore there was 'a concern by ,B. C. I. P. as to the extent of the rezoning, 10-14-76 -2- Following further explanation by the Secretary as to the parking requirements in the C-1. zoning district and the types of uses permitted in that district, Mr. Newstrum inquired what C-1 uses other than medical/dental require parking spaces calcu- lated at other than the one space to 200 sq. ft. gross floor area office ration; and, how much ad- ditional land would be needed to accommodate a medical clinic. The Secretary responded that the proposed zoning • boundaries were developed on the basis of office type use and did not comprehend a medical clinic. He responded to Mr. Newstrum's questions by ex- plaining that parking for virtually all C-1 uses other than medical/dental was calculated at the one-to-two-hundred ratio and that approximately 40 to 50 feet additional land from the two parcels adjacent to the library would be needed to accom- modate that type of parking. He indicated that the specific conceptual plan could be drawn up showing how much additional land would be available for the Commission's review. Chairperson Scott explained the established pro- cedure of the Commission to refer all rezoning matters to the appropriate ,neighborhood Advisory Group which would welcome input from the property owners in the area and ultimately would develop recommendation and comments for the Planning Commission. Action Tabling Application Motion by Commissioner Jacobson seconded by No. 76053 Commissioner Horan to table Application No. 76053 (City of Brooklyn Center) initiated by the City and to refer the matter M the Southwest Neighborhood Advisory Group for review and comment; and specifically to request consideration of two possible approaches: 1 ) Re- zoning of the library site and additional land needed for parking space only, as initially submitted; 2) Rezoning of all of the property owned by the County and possibly additional property south of 57th. The motion passed unanimously. Application No. 76055 The next item of business was consideration of (J. Y. J. Corporation) Application No. 76055 submitted by Mr. Don Yablonsky for the J. Y. J. Trading Corporation. The item was introduced by the Secretary who stated the applicant is seeking a special use permit to allow commercial retail activity at the former Kennedy Cohen Building, 2400 Freeway Boulevard. He stated that commercial uses were special uses in the I-1 (Industrial Park District) . He stated the applicant at this time had a short term lease with the owner, FBS Financial Inc. , and was considering purchasing the building. He referred to a letter to the file submitted by the applicant, copies of which had been submitted with the agenda. He stated Section 35-300 of the ordinance set forth special use criteria for commercial uses in the industrial district and that the application should be evaluated against those criteria. The Secretary also recited several conditions of approval for the facility, noting specifically that a portion of the required parking had been deferred pending determination by the City that the full complement would be necessary. Ile stated there was sufficient land area for the total re- quired parking. -3- 10-14-76 The Secretary also stated that since Kennedy Cohen had vacated the premises, the site improvements had deteri- orated substantially, and that virtually all of the sodding had died. He commented that, notwithstanding the short term occupancy proposed by the applicant, the status of the site improvements should be reviewed with the intent of assuring upgrading during the next construction season. The Secretary explained that the applicant was in the process of occupying the premises as a permitted wholesale distribution use and that the proposed retail commercial activity would be an additional related activity involving general merchandise. Chairperson Scott recognized Mr. Tim Hamilton, who represented F3S Financial Inc. , and Mr. Yablonsky. A brief discussion ensued. Pair. Hamilton stated that steps had been taken to clean - up the site and that it had been determined there was a malfunction with the underground irrigation system. He stated that it was unlikely rejuvenation of the sodding and landscaping could be undertaken this late in the season. An extensive discussion ensued as to the status of the site improvements and it was recommended that the standard site performance agreement be provided by the owner, including a financial guarantee to insure com- pletion of the rejuvenation. Mr. Hamilton stated that the requirement for a financial guarantee did not seem necessary, and that the owner would be willing to agree in writing that the necessary fimprovements would be undertaken when weather permitted. Commissioner Horan inquired whether the original site performance bond had been released, and the Secretary responded that a portion was still retained to assure completion of original site improvements which involved a variety of items related to grading and the initial installation of required landscaping. He stated the specific concern at this time -,,was related to those improvements which had been installed, but which had deteriorated due to a lack of maintenance since the building was vacated. Chairperson Scott inquired as what percentage of the building would actually be used for retailing, Mr. Hamilton responded that approximately 35% of the floor area would be devoted to retailing activity. Following further discussion there was a motion by Recommend Approval of Commissioner Horan, seconded by Commissioner Jacobson Application No. 76055 to recommend approval of Application No. 76055 submitted (J.Y.J. Trading Co. ) by Mr. Don Yablonsky for J.Y.J. Trading Co. subject to the following: 1 . The permit is issued to the applicant as operator and is not transferable. 2. A portion of the required parking spaces may b-e 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 . 10-14-76 -4- 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. 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 improve- ments shall be rejuvenated, replaced or installed consistent with the approved site plans. 6. A performance ag eement and supporting financial guarantee (in an amount to be determined by the City 14anager) shall be submitted to assure completion of required improvements prior to issuance of the permit. The motion passed unanimously. Recess The meeting recessed at 9:40 p.m. and resumed at 10:00 P.M. Application No. 76041 The next item of business was reconsideration of and 76044 Application No. 7/6041 and Application : o. 76044 (Meadow Corporation) submitted by Meadow Corporation. The items were introduced by the Secretary who stated that Application No. 76041 was initially heard at public hearing on July 8, 1976, and was tabled to determine applicability of State regulations as to environ- mental assessment requirements. He stated it was determined that an assessment was required and the applicant submitted one to. the Environmental Quality Council which, on September 14, 1976, resolved: 1 . That the environmental assessment on Fox Run is adequate. 2. That the project is not a major private action of more than local significance with a potential for significant en- vironmental effects. 3. That no environmental impact statement is required. The Secretary reviewed the site layout including slides of the property and an extensive discussion ensued. Chairperson Scott recognized IMIr. Duane Dietrich who represented the applicant, and Mr. Fran Hagen, the Civil Engineer for the applicant. The Secretary explained that Application No. 76041 . consisted of two parts: a ;Waster plan of the entire development on the approximate 62 acre site which would ultimately result in approximately 320 condominium units; and, specifically, site and building plan approval for Phase I of the ultimate eight phase project which contained 20 condominium units at the south end adjacent to 69th Avenue North. -5- 10-14-76 The Secretary stated that two specific concerns the Commission had voiced, in response to concerns of the neighboring property owners, were the elevation of the proposed units as seen from the neighboring single family residences, and provisions for security buffering orfencing between the project and the neighboring residences in consideration of the proposed open waterways. He reviewed the elevation drawings submitted by the applicant showing the view of the proposed units and of the existing homes as seen from the proposed development. The Secretary also reviewed revised site plans which indicated the installation of a four foot high chain link fence along the common boundary of the property and the neighboring single family residences to the west. The Secretary and Director of Public Works also noted that meetings had occurred between the developer and other parties including the City staff of Brooklyn Park relative to the design of the 73rd Avenue access. The Director of Public Works reviewed a conceptual drawing of a joint access and stated that, while it was subject to a final detail approval , the concept was consistent with planning for the area. The Secretary also explained that the width of the proposed internal roadway had been widened from 50 feet to 60 feet and that the setbacks of the units had been altered fron 20 feet to 25 feet. The Secretary stated also that the location of the three-unit-buildings in Phase T had been adjusted so teat two-unit structures would be closest to 69th Avenue. 111r. Dietrich explained that this was done so that model units could be developed, and he reiterated his proposal to the Commission that the ordinance be amended to allow all units in the planned residential development to be two-unit single family attached structures rather than the requirement for a certain percentage of townhouse type units (defined by the ordinance as three or more attached units) . Mr. Dietrich and the Director of Public Works also reviewed the relocation of an originally designed waterway from the east portion of Phase I, adjacent to the single family residences, to the west side of Phase I adjacent to the municipal boundary. Further discussion ensued as to the layout of Phase I including a review of the proposed landscape plan. Chairperson Scott said the revisions exhibited should be consolidated onto revised site plans before the City Council meeting. Commissioner Engdahl inquired as to the nature of the homeo�,:ners ' association for the proposed con- dominium project and Mr. Dietrich discussed the • provisions of the association documents comprehending the phasing of the development. The Commission then reviewed the proposed building plans. Motion by Commissioner Engdahl , seconded by Recommend Approval of Con.nissioner Jacobson to recommend approval of Application No. 76041 Application iJo. 76041 submitted by Meadow Corporation (Meadow Corporation) subject to the following: 10-14-76 -6- 1 . Drainage, grading and utility plans are subject to approval by the City Engineer prior to the issuance of building permits. 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes prior to the issuance of building permits. 3. A performance agreement and supporting financial guarantee (in an amount to be deters,iined by the City Manager) shall be submitted to assure completion of approved site improvements for each phase. 4. All required easements shall be documented and filed with the City prior to occupancy of the constructed units. 5. Site and building plans approval compre- hends Phase I, and subsequent phases shall constitute amendments to the special use permit and shall be subject to review by the Planning Commission and City Council prior to issuance of permits for those phases. 6. All roadways, utilities and street lighting shall conform to City standards for public facilities. 7. The entire site shall be platted according to requirements of the City ordinances. 8. The ownership, manager,ent 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. 9. Homeowners' association agreements and bylaws shall be submitted to the City; shall be subject to review and approval by the City Attorney; and shall include: a. Provisions for the City to provide maintenance and revitalization of roadways, utilities and other common use facilities in the event the City Council deems such maintenance and revitalization necessary; with the cost of such expense which night 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. 10. The waterway indicated on the approved plans shall be appropriately designed and maintained as an amenity to the site, with water free- standing at all times as climatic conditions permit. 11 . Approval is subject to all provisions and conditions of the special use permit for planned residential developments in the R-3 district. -7- 10-14-76 12. The specific design of an access onto 73rd Avenue North shall be subject to consultation with Brooklyn Center City Engineer and ap- propriate negotiation with the City of Brooklyn Park. 13. The Site, grading and landscaping plans shall be amended to reflect the approved revisions and alterations prior to the City Council meeting. The motion passed unanimously. The Secretary then reviewed Application No. 76044 which Application No. 76044 is a request for preliminary plat approval for the (Meadow Corporation) development. He stated the item was tabled at the July 22nd meeting so it could be reconsidered mon- currently with Application No. 76041 . He stated the subdivision consisted of 20 lots on 2 blocks (Phase I of the development) and 10 outlots which include roadway from 69th to 73rd Avenues North. The Director of Public Works briefly discussed the design of the layout and suggested the revisions discussed earlier also be reflected on the preliminary plat. Mr. Dietrich indicated that the project would be platted and sold as condominiums and the subsequent phases were reflected in. the proposed outlots. _ Following a brief discussion, there was a motion by Recommend_Approval of Commissioner Pierce, seconded by Commissioner Horan Application No. 76044 to recommend approval of Application No. 76044 subject (Meadow Corporation) to the following conditions: 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. Preliminary plat shall be amended to reflect the approved revisions prior to the City Council meeting. The motion passed unanimously. In other business, the Secretary stated that a letter Other Business: had been received from the Word Aflame Apostolic Acknowledge Withdrawal Church requesting that Application No. 76013, con- of Application No. sidered earlier in the year, be withdrawn. He 76013 stated the .application was for a preliminary plat (Word Aflame Apostolic approval involving property at 69th and Lyndale Church) Avenues North. Plotion by Commissioner Enddahl , seconded by Commissioner Horan to acknowledge the withdrawal of Application No. 76013 submitted by ;lord Aflame Apostolic Church. The motion passed unanimously. In other business the.Secretary reviewed the action Other Business taken by the City Council 'relative to the matter of sideyard setback standards and indicated that a moratorium had been established for a period of 60 days during which the staff would develop additional information relative to the number of attached garages which had been constructed in recent years and that it was the intent of the Council. to have a joint meeting with the Planning Commission later this.year to discuss a 'resolution of the issue. 10-14-76 -8- 1 . Adjournment: Motion by Commissioner Engdahl , seconded by Commissioner Jacobson to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 12:10 a.m. Chairman -9- 10-14-76 I, j ; I