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HomeMy WebLinkAbout1976 05-13 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 CITY HALL MAY 13 , 1976 Call to Order The Planning Commission met in regular session and was called to order at 8: 10 p.m. by Chairman Robert Foreman. Roll Call Chairman Foreman, Commissioners Engdahl, Jacobson, Horan, Pierce and Kohrt. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Application No. 76028 Following the Chairman's explanation, the first item of (Ms. Marlys Engelhardt) business was consideration of Application No. 76028, submitted by Mrs. Marlys Engelhardt. The iteem eras introduced by the Secretary who stated the applicant seeks affirmation of and a ;-nJnor adjustment to Application No. 62019 involving property at 5531 Emerson Avenue North. He stated that dppiiva'L on was approved by the Village Council in 1962, permitting a metes and bounds division to create a 64 foot and a 62 foot wide lot. He stated the applicant proposes two 63-foot lots, and that the property has been assessed for two utility con- nections. Public Hearing Chairman Foreman noted that a public hearing had been scheduled and that none of the notified property owners were present. Motion by Commissioner Pierce and seconded by Commissioner Jacobson to close the public hearing. The motion passed unanimously. A brief discussion ensued and Commissioner Horan noted that the front yard setback of the existing home at 5531 Emerson Avenue North was less than 35 feet. The Secretary responded that this would not affect the dimensions or the use of the new lot, and that the side yard setbacks exceeded ordinance minimums. Recommend Approval of Following further discussion there was a motion by Com- Application No. 76028 missioner Jacobson, seconded by Commissioner Engdahl (Ms. Marlys Engelhardt) to recommend approval of Application No. 76028 submitted by Marlys Engelhardt, noting that the action is consistent with the intent of the earlier action and that it is con- sistent with the intent of the Subdivision Ordinance, in- cluding the standards for a variance. The motion passed unanimously. Application No. 76029 The next item of business was consideration of Application • (Jerry Harrington) No. 76029 , submitted by Mr. Jerry Harrington for Olympic Investments. The item was introduced by the Secretary who stated the applicant was seeking site and building plan approval fcr a two story, 18-unit building consisting of six one-bedroom and 12 two-bedroom units, plus a twelve stall garage at the northwest quadrant of the intersection of Emerson and 67th Avenues North. The Secretary reviewed the plans and necessary revisions relative to provision for required fire lane; provision for specific trash Enclosure area; provision for handicap access; and determination that the minimum number of parking stalls satisfied the ordinance requirements. He also stated that a six-foot high opaque fence or approved substitute is needed at the west end of the parking lot similar to that fencing shown at the east end, since the ordinance required screening of all open parking. The Director of Public Works reviewed the site plan with particular emphasis on the landscaping and recommended that the berming treatment be provided near the southeast portion of the entrance at Emerson Avenue North. During further review of the plans, Chairman Foreman inquired as to the exterior finish of the building and recognized Mr. Harrington, who responded the finish would be stucco. The applicant also stated he was concerned that the trash disposal facility be conveniently located for tenants and further discus- sion ensued as to the appropriate location. Extensive discussion ensued as to the landscaping with particular attention to the treatment along the north property line adjacent to the single family residence. Mr. Harrington commented the plans should indicate a modified layout for the proposed Russian Olive plantings. During further discussion, Mr. Harrington stated he had no objection to four additional Russian Olives on the north line with a redistribution of them in the vicinity adjacent to the single family home. Inquiry was made as to the type of fencing proposed for screening purposes and the applicant responded that a vertical board redwood fence would be utilized. He also stated that the exterior finish of the garage would probably be a wood finish rather than a stucco in the interest of long-term maintenance and minimizing the potential for vandalism. Additional discussion ensued as to the berming treatment proposed by the Director of Public Works and it was the con- sensus that the berm should be approximately 35 feet long at the southeast portion of the Emerson Avenue entrance and that the berm should be provided with evergreen plantings. Mr. Harrington stated that these and other revisions would be indicated on the plans submitted for Council review. Following further discussion there was a motion by Commis- Recommend Approval sioner Engdahl, seconded by Commissioner Horan to recommend Application No. 76029 approval of Application No. 76029 submitted by Mr. Jerry (Jerry Harrington) Harrington for Olympic Investments, subject to the following conditions: 10 Building plans are subject to review and approval by the Building Official with respect to applicable codes. 2 . Grading, drainage, berming and utility plans are subject to review by the City Engineer. 3. 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. 4. An accessible, centrally located trash disposal facility shall be provided and shall be appro- priately screened. 5-13-76 -2- 5 . The site plans shall be revised prior to City Council review to reflect the addition of four Russian Olive trees and the redistribution of the Olive trees along the north property line as indicated on the plans; the provision for the required fire lane; the provision for required handicapped ramp and parking spaces; the redesign of the parking stalls consistent with ordinance standards; and the provision for required screening of the parking lot, particularly iat the west end. The motion passed unanimously. Application No. 76031 The next item of business was consideration of Application (T. E. Johnson) No. 76031, submitted by T. E . Johnson. The item was introduced by the Secretary who stated the applicant was seeking a 1 tiriance from the Subdivision Ordinance in order to accomplish what amounted to a housekeeping action involving his property and the neighboring property. The Secretary explained that Lot 3, Block 3, Bellvue Acres Addition is approximately 300 feet deep and has been sub- divided for many years as the north one-half and the south One-hale; u! LuL 3 . He commented the west 150 feet was acquired for Bellvue Park, so the resultant lots facing Camden Avenue North normally would be 150 feet deep. He explained that the applicant lives at 5431 Camden Avenue North, which is the north one-half of Lot 3 and has also owned, for many years, the approximately 15 feet between the rear line of 5427 Camden Avenue North and the east line of the park. The neighbor's lot at 5427 Camden Avenue North (the south one-half of Lot 3) is 135 feet deep rather than approximately 150 feet deep as with the applicant's lot. He stated that the applicant simply wanted to convey the approximate 15 feet portion to the neighbor through metes and beunds description. Chairman foreman recognized the applicant and a brief discussion ensued. Public Hearing Chairman foreman noted that a public hearing had been scheduled and recognized the resident of 5427 Camden Avenue North. Motion by Commissioner Engdahl, seconded by Commis- sioner Jacobson to close the public hearing. The motion passed unanimously . Recommend Approval of following further discussion there was a motion by Com- Application No. 76031. missioner Jacobson, seconded by Commissioner Pierce to . (T. E. Johnson) recommend approval of Application No. 76031 noting that approva l would be consistent with the intent of the Sub- division Ordinance and the resultant lots would be normal- ized i,e. , the north one-half and south one-half of Lot 3 , except for park. The motion passed unanimously. Recess The meeting recessed at 9:25 p.m. and resumed at 9:45 p.m. --3- 5-13-76 The next item of business was consideration of Application Application No. 76024 No. 76024 submitted by Brooklyn Center Industrial Park , (B.C .I.P. , Inc.) Inc, The item was introduced by the Secretary who stated the applicant was proposing a retail-commercial center with a potential gross floor area of approximately 121,950 square feet. He stated that approximately 76,000 square feet would be the proposed "'Towne Market" with a service building, and remaining area would be a proposed "Farmer's Market" and ""Truck Market" . He stated the location was an approximate 14 acre site, westerly of the Earle Brown Farmstead and easterly of Shingle Creek Parkway , north of Summit Drive. He stated that the preliminary plans had been reviewed at the April 22 meeting and that the proposal had been discussed on several occasions by the Commis- sion during an earlier rezoning consideration. Chairman Foreman recognized Mr. Roger Newstrum, Mr. Blumentals, and Mr. Hunzinger, who represented the applicant and an extensive discussion ensued. Mr. Newstrum stated that the "Farmer's Market" portion of the development would not be constructed concurrent with the "'Towne Market" portion, and thus no building plans or floor layouts had yet been submitted. He explained that given the timing of the construction it would not be feasible to open a seasonal type facility such as the "Parmer's Market" in the winter and it was expected that portion of the development would be constructed later. He acknowledged that specific plan approval would be necessary for such construction. The Secretary commented that the Commission's earlier concerns had included- proper screening of the service and parking areas, particularly in the vicinity of the proposed "Farmer's Market", the use or dispostion of the existing agriculture storage buildings on the site; the eliminatian of existing outside storage of construction equipment and other materials near and on the site; and the aesthetics of the project in general. He noted, for example, particular concern had been voiced as to proper screening of trash disposal facilities and screening of roof-top mechanical equipment The Director of Public Works briefly reviewed the site plan and offered recommendations as to additional landscape treatment to provide for screening of the parking and driving areas Commissioner Jacobson voiced concern a s to the landscaping of those areas indicated on the plan as "deferred" , specifi- cally that area north of the "Towne Market" , and the "Farmer's Market" portion if it were not built for some 'time. Further review ensued as to the landscape plan and it was the consensus that two additional trees should be added as indicated along Summit Drive. With respect to deferred areas regarding landscaping and • possible future construction, it was the consensus that the site and building plans should be reviewed within one year from date of issuance of permits, or at such time that plans are submitted for the "Farmer's Market" portion. Chairman Foreman restated his concern as to the use of existing buildings and Mr. Newstrum commented that the applicant would prefer to retain them until such time that disposition was mandated by the installation of roadway or highway right-of-way, and that in the interim, the buildings 5-10-76 -4- i could be used for storage of construction equipment and materials. The Secretary stated that since they were originally constructed as agricultural buildings, no human occupancy could be permitted until a specific determination was made as to their structural integrity and compliance with pertinent codes. In further discussion Mr. Newstrum indicated that the applicant would submit a preliminary replat of the area bounded by Earle Brown Drive on the east, Shingle Creek Parkway on the west, the Freeway right-of-way on the north and Summit Drive on the south. In further discussion as to the operation of the center, Mr. Hunzinger reviewed the proposed hours of operation and indicated that there would be no " sit-down" eating establishments in the "Towne Market" . Public Hearing Chairman Foreman noted that a public hearing had been scheduled and 'that none of the notified property owners were present, Motion by Commissioner Engdahl, seconded by Commis- sioner Jacobson to close the public hearing. The motion passed unanimously . Further discussion ensued as to the general aesthetics of the proposed structure and Mr. Blumentals reviewed the type of materials to be used and noted that any roof-top mechanical equipment would be screened. He also reviewed briefly the proposed floor plan for "Towne Market" Recommend approval of following further discussion there was a motion by Commis- Application No. 76024 sioner Engdahl, seconded by Commissioner Pierce to (B.C o I o P. o Inc o) recommend approval of Application No. 76024 subject to the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to appli- cable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Lngineer prior to the issuance of permits. 5 . A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improvements as indicated on approved plans. 4. Appropriate trash disposal facilities will be provided and will be properly screened if located outside. 5o Roof-top mechanical equipment shall be appro- priately screened from view. 6. Required installation of permanent B-612 type curbing designated as "deferred" on the approved plans may be deferred for up to three years, pending additional development and the proposed realignment of the site boundaries, subject to the following -5- 5-13-76 a. Nothwith standing the above condition, the City may require the installation of curbing at an earlier time, as deemed necessary. b. During the interim period, temporary bituminous rolled curbing approved by the City Engineer will be installed along the boundaries of the portion of the site desig- nated as "deferred" on the approved plans. c. Required B-612 type curb and gutter will be installed along all other driving and parking areas as indicated on the approved plans. 7. The existing farm buildings on the site may remain, pending their removal or demolition during site development,- provided, however, that no occupancy other than the original accessory-storage use is permitted without specific written approval by the City, provided the structures are properly maintained; and provided they are secured from access by un- authorized persons 8. The site bounded by Shingle Creek Parkway, Earle Brown Drive, Summit Drive and I-94, shall be replatted prior to certification of occupancy. 9. The special permit site and building plans shall be subject to review one year from date of issuance of the permits with respect to the landscaping and the treat- ment of the areas noted as deferred. The motion passed unanimously. In other business, the Secretary reviewed Application No. Other Business: 73004 which had been submitted by Stephen L. Boone Reconsider Application Construction Company and which had been approved by the No. 73004 (Boone City Council (,-gin May 21 , 1973. The Secretary explained that Construction Co.) the application had consisted of both a rezoning and site and building plan approval relative to property in the 7200 block of Lyndale Avenue North. 'He stated the property involved Lot 8 and Lot 9 of Block 5 , Sunnybrook Terrace and that one of the conditions of the rezoning/site and building plan approval had been that the property be combined, through platting, into one site. He stated that the applicant had proposed, and the Council had approved, a five-unit townhouse development for the two pro- perties, upon the rezoning from R-1 to R-4. The Secretary explained that the applicant had and does own only one of the Parcels. He also :stated that the applicant had not taken permits for the proposed development nor had the land been replatted. He stated that recently a party representing the owner of the second parcel had approached the City with respect to con- struction of a two-family dwelling. A research of the records showed that, because the applicant had not proceeded with the proposed development in 1973, the formal rezoning through ordinance amendment had not occurred. The Secretary stated, therefore, the land technically remained R-1 and that before a Iraft ordinance amendment, changing the zoning from R-1 to R-4 would be submitted, a determination should be made by the Commission and Council as to whether 5-13-76 -6- I r R-4 zoning was appropriate without the property being replatted into a common parcel. The Secretary reviewed the density requirement s for the R-4 zone for both one and one-half/two story apartments and townhouse/garden apartments. He stated that neither lot, alone, could support an R-4 or R-3 type of develop- ment. He therefore recommended that the zoning either be retained as R-1 or that consideration be given to rezoning it to R-2 which would permit construction of tvm-family dwelling s. Chairman foreman recognized Mr. Stephen Boone, the applicant, and a discussion ensued as to the status of the property and whether it would be developed as approved under the P.-4 zoning. Mr. Boone indicated that he had not been able to secure adequate financing for construction of the project in 1973, and furthermore, he had not been able to exercise his option with the other property owner to acquire the second lot. He therefore affirmed that there were two separate ownerships of the two parcels and that, at this time, he could not speak for the wishes of the other owner. Ho stated he recognized the situation, although he had been unaware the ordinance amendment had yet to be adopted, but he realized that either parcel could not support an R-4 type development. Consensus to Defer Following further discussion, it was the consensus of the Consideration of Commission to defer further consideration of this matter Application No. 73004: until the June meeting to allow the applicant an opportunity (Stephen L. Boone to consider the various options available, and for the staff Construction Co.) to indicate to interested parties what the circumstances were relative to development of this property under R-4 zoning. The Secretary stated that the deferral was in order but he emphasized that even if the property had been formally rezoned R-4 through ordinance amendment, there was provi- sion in the Zoning Ordinance that, whenever property is rezoned to a less restrictive use such as R-1 to R-4, and no development occurs on that property within two years, the City, upon its own initiative, may review and recommend rezoning of the property back to the original land use. He stated the only difference in this case was that the property was technically R-1 and thus the determination was whether formal action should be initiated to confirm the R-4 zoning which had been approved by motion. Other Business-, In other business a review ensued as to various pending items including the ordinance amendment which w uld comprehend smaller lot sizes in the R-2 zoning district. The Secretary stated that such a draft ordinance amendment would be available at the next meeting. Fngdahl Leaves Commissioner Engdahl left at 11:20 p.m. In other business the Secretary reviewed the progress relative to the Jaycee Community Attitude Survey and stated the results should be computed and assembled in a final report for the City Council by the June 7 meeting. He stated that depending on the scheduling of the Planning Commission's study meeting in May, it may be possible to submit a preliminary report at that time. -7- 5-13-76 I � Commissioner Moran inquired as to the wordi ng of the question relative to minimum separation of houses and stated that per- haps the wording could have been clearer. Motion by Commissioner Horan, seconded by Commissioner Adjournment Kohrt to adjourn the meeting. The motion passed unanimously . The Planning Commission meeting adjourned eat 11.45 p.m. Chairman, i II