HomeMy WebLinkAbout1976 07-22 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
JULY 22, 1976
CITY HALL
Call to Order: The Planning Commission met in study session and was
called to order at 8:05 p.m. by Chairman Robert Foreman.
iRoll Call : Chairman Foreman, Commissioners Scott, Pierce, and
Jacobson. Also present was Director of Planning and
Inspection, Blair Tremere,
Approval of Minutes: Motion by Commissioner Scott, seconded by Commissioner
7-8-76 Pierce to approve the minutes of the July 8, 1976 meeting
as submitted. The motion passed unanimously.
Note: approval of the minutes was reconsidered later in
t e meeting when the rest of the Commission was present
and the minutes were unanimously approved by the full
Commission.
Application No. 76043 Following the Chairman's explanation, the first item of
(Dayton Development Co. ) business was consideration of Application No. 76043
submitted by Dayton Development Company. The item was
introduced by the Secretary who stated the applicant
requested' approval of a preliminary registered land
survey, consisting of three tracts lying between the
.Plitt Theater property on the east and the Brookdale
S17opping Center on the west. He stated the land included
the bulk of the east Brookdale parking area, the east
perimeter road, the sites of the Dayton's gas station and
Dayton-Bachman Garden Center, the proposed Titus com-
mercial center site, and the 150 foot wide parking area
west of the theater property.
Horan and Kohrt Arrive Commissioners Horan and Kohrt arrived at 8:08 p.m. He
noted that one of the conditions for the recommended
approval of Application No. 76040, acted on at the July
8 meeting, had been that the subject area be resubdivided
prior to occupancy of the proposed Titus retail center.
Chairman Foreman recognized Mr. George Bestrom who
represented the applicant and a brief discussion ensued.
The Secretary read a letter of review from the Hennepin
County Public Works Department and stated that the City
Engineer had reviewed the R. L.S.
Recommend Approval of Following further discussion there was a motion by
Application No 76043 Commissioner Scott, seconded by Commissioner Horan to
(Dayton Development Co. ) recommend approval of Application No. 76043 submitted
by Dayton Development Company subject to the following:
to The 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.
3. The final registered land survey shall be
filed with the County prior to occupancy
of the development comprehended under
Application No. 76040.
The motion passed unanimously.
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The next item of business was consideration of Application
No. 76046 submitted by Dayton Development Company. The item
was introduced by the Secretary who stated the application
was for approval of joint parking agreements between the
applicant and the owners of the theater property and Of
the proposed retail center approved under Appl.icatioal No,
76040. He stated the applicant owned a 150 foo'. vidia strip of
land extending from County Road 10 to Highway 100 right-
of-way west of the Plitt Theater property which was currently
utilized as parking by the theater. He stated the theater
has a deficiency which has been accommodated by a private
easement with the applicant since 1969.
He stated the City Council recognized this in the theater
approval (Application No. 68069) and provided, through
Resolution No, 69-34, that a formal joint agreement would
be necessary when Brookdale expansion warranted it.
He also briefly reviewed Application No. 76040 which had
been recommended for approval at the July 8 meeting, noting
the proposed Titus retail center also had a parking deficiency
which must be accommodated through a joint parking agreement
before permits can be issued,
An extensive discussion ensued following review of a parking
layout of the 150 foot wide strip and it was noted that
there was sufficient parking to accommodate the joint parking
agreements with the Plitt Theater and the Titus retail develop-
ment, as well as adequate parking for the Dayton-Bachman
Garden Store which would not be subject to a joint parking
agreement since it was owned by the applicant.
Commissioner Scott stated her concern that the entrance
point to the parking lot from the service road between the
Dayton-Bachman site and the proposed Titus retail site was
incompatible with the direction of the one-way parking stalls.
She stated that the applicant should assure the striping of
that lot would be such that a driving aisle would be aligned
with the service road entrance.
The Secretary also brIefly reviewed the terms of a draft
agreement between the Plitt Theater and the Titus Company
and noted that it was not completed since certain negotiations
were still pending between the applicant and the Plitt Theater
ownership. Mr. Bestrom commented that certain details remained
to be worked out and that he expected the final agreement
should be ready for- City review and approval shortly, The
S,ecretary stated that it would be sufficient for the Commission
to approve the par=king provisions of the agreement and that
the legal details set forth in Section 35-720 of the City
Ordinances could be finalized by the City Staff and City
Attorney. He explained that the ordinance required the Dayton
Development property must be legally encumbered for the Titus
parking and the theater parking so that the spaces may be
credited to the minimum requ-rements for those two uses.
Following further discussion there was a motion by Commissioner Recommend Approval of
Jacobson, seconded by Commissioner Pierce to recommend approval Application Noe 76046
of Application No, 76046 submitted by Dayton Development Co. (Dayton Development Co. )
subject to the following:
i � The agreements are subject to review, approval and
legal encumbrance requirements of Section 35-720
of the City Ordinances.
2� The agreement relative to the retail development
comprehended by Application No. 76040 shall be
finalized and filed prior to issuance of permits
for that development.
3o The applicant shall assure that the design of the
subject parking area shall be compatible with all
points of ingress and egress from adjacent service
roads.
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The motion passed unanimously.
Applic&tion No. 76044 The next item of business was Application No.. 76044
(Meadow Corporation) submitted by Meadow Corporation. The item was
introduced by the Secretary who stated the request
comprehended approval of a preliminary plat for that
area in the northwest corner of the City known as
"Fox Run." He, briefly reviewed the layout of the
proposed plat and recommended that it be deferred
concurrently with Application No. 76041 which was
tabled at the July 8 meeting.
• He stated the site and building plan approval
application had been tabled to permit investigation
of possible State laws or regulations relative to
mandatory environmental impact assessments or state-
ments for this project. He stated a final deter-
mination had not been made by the State agencies
involved, namely, the Environmental Quality Council
and the Department-of Nat-oral Resources.
Chairman Foreman recognized Mr. Duane Dietrich who
represented the applicant and a brief discussion
ensued.
The Secretary also reviewed the substance of a
letter which had been received from the City of
Brooklyn Park stating concerns as to traffic flow
and access relative to the proposed subdivision.
He stated that the City of Brooklyn Park generally
endorsed the proposed development but had certain
concerns and recommendations relative to the design
of the internal roadway indicated on the proposed
site layout.
Action Tabling Application Following further discussion with the applicant
No. 76044 (Meadow Corp. ) there was a motion by Commissioner Pierce, seconded
by Commissioner Scott to table Planning Commission
Application No. 76044 to be reconsidered concurrently
with Application No. 76041 which was tabled at the
July 8, 1976 meeting, to permit investigation of
pertinent State laws and regulations relative to
environmental assessment of the Fox Run project.
The motion passed unanimously.
Application No. 66072 The next item of business was consideration of an
(Amendment) (Red Owl amendment to Planning Commission Application No.
Stores, Inc. ) 66072 submitted by Red Owl Stores, Inc. The item
was introduced by the Secretary who stated the
applicant has submitted plans for a screening
structure which would contain the storage box
portion of a proposed waste compacter system. He
stated the structure would be atthe northwest corner
of the building near the existing dumpster enclosure,
and the screened area would be approximately 13
feet wide and would project 22 feet from the build-
ing. He explained further that the compacter would
be inside the building and would be used to compress
the substantial paperboard waste material generated
by the store's operation,
Engdahl Arrives Commissioner Engdahl arrived at 8:40 p.m.
Chairman Foreman recognized Mr. Don Calahan who
represented the applicant and a discussion ensued
of the site plan and the structural design of the
proposed screening.
The Secretary stated that the concrete pad proposed
for the storage box should extend beyond the walls of
the screening device so to provide a curbed apron
around the perimeter. He stated this would be an
extension of the existing sidewalk around the store.
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He also commented that the aesthetics of the proposed
structure should be closely evaluated since it was sub-
stantially larger than the normal accessory enclosure
permitted in commercial areas for dumpsters or other waste
containers. He recommended a design using materials similar
to the existing screen wall on the west side of the store,
which was provided in the late 1960's to screen the temporary
storage of cartons and racks,
Chairman Foreman, stated that a structure such as this was
an extension of the primary building and that the materials
should be masonry and aesthetically compatible with the
building, such as the existing screen wall west of the store.
Mr. Callahan commented that the plans indicated a redwood
board opaque fencing similar to that used on the recently
constructed screening around the two dumpsters, that con-
sideration had been given to the relative ease of-removal of
such a structure, compared to a masonry wall , should the use
of the compacter cease at some time in the future.
Commissioner Scott stated that as a matter of aesthetics a
screening enclosure of this magnitude should be as compatible
with the primary building as possible and recommended that
the enclosure be of masonry construction.
Chairman Foreman stated that review of the site indicated
the originally approved curbing consisted of pre-cast curb
stops and that in this particular area there was evidence
of substantial damage and deterioration. He stated those
areas should be repaired and maintained in the original
state,, Mr. Callahan responded that the applicant recognized
the problem with the deterioration, and the repair and main-
tenance necessary in this area would be undertaken this year.
Following a brief discussion there was a motion by Commissioner Recommend Approval of
Scott, seconded by Commissioner Pierce to recommend approval Amendment to Application
of the amendment to Application No®66072 submitted by Red No. 66072 (Red Owl Stores)
Owl Stores, Inc. subject to the following conditions:
1 ,, The proposed compacter storage screening walls
shall be constructed of masonry materials of
compatible design and color with the primary
building, similar to the existing screen wall
west of the store.
2. The doors to the screen structure shall be
constructed of cedarboard.
3. There shall be concurrent maintenance and repair
or replacement of damaged or deteriorated curb
sections on the perimeter of the parking lot.
The mot°:ion passed unanimously.
The meeting recessed at 9:10 p.m. and resumed at 9:20 p.m. Recess
The next item of business was continued consideration of Other Business:
the zoning issues raised by the City Council during their Zoning Matters
consideration of Application No. 76011 . The Secretary
briefly reviewed the July 8 Planning Commission minutes
where the matters involving "spot zoning" and the use of
C-1 zoning interchangeably with higher residential zoning
as an intermediate land use were discussed.
He also commented that a copy of the letter from Mr. John
Horbal , the owner of the property comprehended in that
application, to Dr, Robert Schell had been received by the
City, and the letter stated the purchase agreement between
those parties was no longer in effect; and it stated the
owner, Mr. Horbal , did not wish to pursue the subject
rezoning at this time.
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The Secretary stated that, the withdrawal notwithstanding,
it would be appropriate for the Commission to pursue
discussion of the zoning matters. Chairman Foreman
agreed, and stated the"Commtssion should summarize their
discussions-in a concise policy memorandum to the City
Council for use by both the Commission and Council in
evaluating rezoning requests. He also recommended that
a written recommendation-be developed as to the inter-
changeabilfty of C-1 and higher residential land use
zoning classifications for tuffering purposes.
Commissioner Engdahl reiterated his July 8 remarks to
the effect that the City Attorney's memorandum No. S-46
contained a definition of "spot zoning" as interpreted
by the Planning Commission. He stated that this should
serve as -the basis for any pot-icy recommended to the
City Council ;
Further review ensued of the City Attorney's memoranda
and it was the consensus that the Secretary should draw
a draft policy statement based upon the general defi-
nition of "spot zoning" contained in the memorandum No.
S-46 with supplementary-criteria which could be used to
evaluate rezoning requests.
Relative to the matter of zoning district interchangeably
for buffering purposes, Commissioner Horan stated the
concept had merit but that it was important to consider
interchangeable land uses in a comprehensive manner. He
explained that perhaps certain land uses now limited
to only one zoning distr=ict could be comprehended in
another, if it were clearly determined the intensity of
those uses were compatible to the general characteristics
of the particular district.
The Secretary outlined different approaches to zoning,
namely, the concept of containment or exclusionary zoning
where there were exclusive types of uses and exclusive
districts with little mixture of uses between districts.
He stated another type of zoning which had been more
prevalent under the village zoning ordinance was accu-
mulative, 1 . e. each higher zoning district would be
inclusive of the uses in the lower districts. He suggested
that as the Commission reviewed the, Comprehensive Plan
for the community, and concurrently the zoning and sub-
division Ordinances,the nature of the permitted uses in
each zoning district could also be evaluated.
He cautioned, however, that there were specific Vegal
and policy reasons for having distinct restrictions and
uses in particular zoning districts such as those suggested
by the State Statutes for the zoning enabling legislations.
During further discussion it was the consensus of the
Commission to direct the Secretary to prepare a draft
analysis planning principles relative to the interchange-
ability of land use districts for specific purposes
such as buffering.
Rev�j'ew Approval of In other business Chairman Foreman noted that the full
Minutes Commission was present and asked whether any Commissioners
not present at the beginning of the meeting objected to
a unanimous approval of the July 8, 1976 minutes. There
being none, the Chairman directed that the minutes reflect
a unanimous approval of the July 8, 1976 minutes as
submitted.
Adjournment Motion by Commissioner Engdahl , seconded by Commissioner
Horan to adjourn the meeting. The motion passed unanim-
ously. The Planning Commission meeting adjourned at
10:45 p.m.
Chairman
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