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HomeMy WebLinkAbout1976 04-15 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 REGULAR SESSION CITY HALL APRIL 15, 1976 Call to Order : The Planning Commission met in regular session and was called to order at 8 :05 p.m. by Chair- man Robert Foreman. �RO11 Call : Chairman Foreman, Commissioners Jacobson, Horan, Pierce. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Approve Minutes : Motion by Commissioner Jacobson seconded by 3-25-76 Commissioner Pierce to approve the minutes of the March 25, 1976 meeting as submitted. The motion passed unanimously. Application No. 76015 The first item of business was consideration of (Robert Adelmann) Application No. 76015 submitted by Robert Adelmann. The item was introduced by the Secretary who stated the applicant was seeking a technical variance to allow operation of a gasoline service station at 6501 Humboldt Avenue North, which abutted R-1 zoned land to the east. The Secretary explained that the ordinance did not permit service stations on property abutting R-1 land, including abutment at a street line. He recalled that the site had been zoned and de- veloped by the D-X Sunray Oil Company and Brook- lyn Center Industrial Park, Inc. , through Applica- tion No. 67037 and No. 67038. He stated the City Council, in Resolution No. 67-273, had approved the commercial zoning and at that time had ack- nowledged the surrounding land uses . The Secretary explained that the property across the street is zoned R-1 since at the time of the adoption of the ordinance , it contains the in- stitutional use of the Brooklyn Center High School, and all of the property belongs to the Brooklyn Center School District. Discussion ensued as to the technical nature of the variance since the ordinance did not specific- ally comprehend the unique situation of the special R-1 zoning of the high school in the vicinity of the gateway to the Industrial Park at Freeway Boulevard and Humboldt Avenue. The Commis ion then also considered application No. 76016, submitted by the same applicant, re- questing a special use permit to operate a service station and car wash at the site. The Secretary explained the applicant proposes to reopen the facility with the following changes : 1. To install a car wash in an existing bay. 2 . To install an underground irrigation system. 3. To install a new curb cut on Freeway Boulevard, westerly of an existing curb cut on Freeway Boulevard. He stated a review of the plans resulted in the following concerns : That the entire landscape treatment, per the original plans, should be re- juvenated in addition to the proposed irriga- tion system. He stated that this would involve a probable replacement of a substantial amount of sod which has not been maintained since the former service station closed; the existing curb cut onto Freeway Boulevard should be evaluated as to possible elimination in light of the proposed new curb cut onto Freeway Boulevard; the paved areas should be repaired or replaced as necessary; ,the existing screened fencing should be repaired as necessary; and any outside trash disposal facilities should be screened. is The Director of Public Works commented as to the present and projected traffic generation in the area and the impact upon the proposed access of the site. He explained that traffic counts in- dicated a substantial increase could be expected in the coming years as the Industrial Park developed, and as the realignment and upgrading of Interstate 94 occurred. He also remarked that in the original approval for .the D-X Sunray Station, a formal easement agreement had been provided which called for the closing of a curb cut onto Humboldt Avenue at such time the City determined there were problems with the traffic flow. He stated that data accununuiated since that time, and the development of the farm since then, showed that traffic problems at this intersection would have more serious ramifications on the Free- way Boulevard side than on Humboldt. He stated that the applicant proposed to reevaluate the design of the existing curb cut, including a possible reduction of its width, to provide for a one-way in and furthermore, to draw an agreement with the City as a substitute for the existing one which would provide that, at such time the City determined traffic generation problems in the area required closing of the easterly curb cut on Free- way Boulevard, then such closing would be accom- plished. Commissioner Pierce suggested that the detail on the original landscape plan be related to the new layout. Commissioner Scott arrived at 8 : 12 p.m. Commissioner Scott Arrives Chairman Foreman stated that public hearings had Public Hearing been scheduled for both application No. 76015 and No. 76016, and that none of the notified property owners were present. Motion by Commissioner Scott seconded by Commissioner Horan to close the public hearing. The motion passed unanimously. A brief discussion ensued as to the status of existing site improvements, including the fencing and the landscaping. Commissioner Pierce inquired as to parking available on the site. Chairman Foreman recognized the applicant and a dis- cussion ensued as to upgrading the landscaping as well as the need to redesign or eliminate the curb cut onto Freeway Boulevard. The applicant stated that both he and a representative from the American Oil Company were proposing to reduce the size of the curb cut and reflect this upon a revised plan. -2- 4/15/76 Recommend Approval of Following further discussion there was a motion Application No. 76015 by Commissioner Scott seconded by Commissioner (Robert Adelmann) Horan to recommend approval of Application No. 76015 submitted by Robert Adelmann., subject to compliance with all ordinance requirements rela- tive to service stations , and noting the techni- cal variance is warranted under the circumstances of the distance and nature of the abutting R-1 uses; that the ordinance does not specifically comprehend the unique conjunction of the special institutional R-1 use and the entrance to the Industrial Park; and that the use is compatible with the established zoning and represents a con- tinuance of an original use which was previously approved by the City Council. the motion passed unanimously. Action Tabling Applica- Motion by Commissioner Horan seconded by Com- tion No. 76016 missione- Scott to table Planning Commission (Robert Adelmann) Application No. 76016 to permit the applicant the opportunity to revise the design of the existing easterly curb cut onto Freeway Boulevard so to provide a one-way entrance only design; and to amend the plan to reflect the original landscape treatment shown on the plan approved under Appli- cation No. 67038. The motion passed unanimously. Application No. 76017 The next application was No. 76017 submitted by (Dr. Swenson) Dr. Gregory Swenson regarding property at 6417 and 6437 Brooklyn Boulevard. The item was in- troduced by the Secretary who stated the appli- cant seeks approval of a preliminary plat for the property involving the Brookpark Dental Clinic and the parcel proposed as the site of an accessory off-site parking lot. He stated that the parcel between the clinic and the proposed parking lot should be included in the plat. The Director of Public Works briefly reviewed the design of the plat and stated that inclusion of the middle lot would be sound planning since the plat would result in one block with three lots, rather than the proposed two blocks. Chairman Foreman recognized Mr. Wayne Tauer of Suburban Engineering Company, who represented the applicant and stated there was no objection to the inclusion of the middle lot, although a letter would be needed from the owner of that property to the effect that no claims would be made against the plat. The Secretary stated that the owner of that property had been contacted and the nature of the proposed plat and his recommended participa- tion had been explained. Recommend Approval of Following a brief discussion there was a motion Application No. 76017 by Commissioner Jacobson seconded by Commissioner � (Dr. Swenson) Pierce to recommend approval of Application No. 76017 submitted by Dr. Gregory Swenson subject to the following conditions : 1. Final plat is subject to review by the City Engineer. 2 . The final plat is subject to the require- ments of Chapter 15 of the City Ordinances . -3- 4/15/76 3. The final plat shall include Lot 1, Block 10, Northgate Addition at 6421 Brooklyn Boulevard. The motion passed unanimously. The next item of business was Application No. Application No. 76018 76018 submitted by Dr. Gregory Swenson and was (Dr. Swenson) introduced by the Secretary who stated the applicant seeks special permission for an off- site parking facility accessory to the Brook- park Dental Clinic at 6437 Brooklyn Boulevard. He stated the site is located at 6417 Brooklyn Boulevard. The Secretary and Director of Public Works re- viewed the proposed site plan and the Secretary stated the request was consistent with Section 35-701 of the City Ordinances relative to accessory off-site parking. He note(: that the ordinance provides that, if the accessory parking is to be credited to the requirements of the principle use, the use of the accessory site must be legally encumbered for that parking. He stated that that encumberance normally was ac- complished through deed restriction. A review of the submitted plans ansuaU and par- ticular concern was voiced as to the disposal of the existing structures on the site with those areas to be properly filled in and planted with a viable turf. Commissioner Horan inquired as to whether the ordinance requirement for an underground irriga- tion system would apply in this instance and an extensive discussion ensued. It was the consensus of the Commission that the requirement for an underground irrigation system could be waived, pending future development of the property with structures since other than the parking lot area itself, the site was proposed to remain in its natural state. Chairman Foreman noted that a public hearing had Public Hearing been scheduled and that none of the notified property owners were present. Motion by Commissioner Scott seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. Following a brief discussion there was a motion by Recommend Approval of Commissioner Scott seconded by Commissioner Horan Application No. 76018 to recommend approval of Application No. 76018 (Dr. Swenson) subject to the following conditions : 1. The permit is issued to the applicant as operator and is not transferable. 2 . Grading, drainage, paving and curbing plans are subject to approval by the City Engineer. 3. The existing structures shall be removed, and the premises shall be filled and re- stored consistent with the landscaping of the site. Unimproved areas shall be planted with a viable turf and other approved vegetation. -4- 4/15/76 4. The performance agreement and supporting financial guarantee pending for site im- provements at the Brookpark Dental Clinic shall comprehend the improvements of the accessory off-site parking area. 5. Installation of the underground irrigation system shall be waived on the property until such time that physical development would occur. 6. Consistent with the provisions of Section 35-701, if the accessory parking is to be credited to the requirements of the principle use, the use of the accessory site shall be legally encumbered for that parking through approved deed restriction. The motion passed unanimously. Application No. 76021 The next item of business was consideration of (Brooklyn Center School Application No. 76021 submitted by Brooklyn District No. 286) Center Independent School District No. 286. The item was introduced by the Secretary who explained the applicant proposes a masonry storage building under the main bleachers at the Brooklyn Center High School athletic field. He staLcu Lhe i2 x 58 foot structure would be used to store athletic equipment and that is is possible one end might serve as a concession stand during athletic events . He noted that it was not designed for any occupancy and would not be heated. A review of the submitted plans ensued and Chair- man Foreman recognized Mr. Ron Stave, who repre- sented the applicant. Public Hearing Chairman Foreman stated that a public hearing had been scheduled and that none of the notified property owners were present. Recommend Approval of Following further discussion there was a motion Application No. 76021 by Commissioner Horan seconded by Commissioner (Brooklyn Center School Pierce to recommend approval of Application No. District) 76021 submitted by Brooklyn Center Independent School District No. 286 , subject to the condi- tion that building plans are subject to approval by the Building Official with respect to applic- able codes . The motion passed unanimously. Application No. 76020 The next item of business was review of Applica- (City) tion No. 76020 and the related application No. And 76009 tabled on February 12 , 1976 . The Secre- Application No. 76009 tary explained that Application No. 76020 had (W. J. Dale) been initiated at the request of the Planning Commission following review of the application submitted by W. J. Dale. He stated the proposal was to rezone the property located north and westerly of Trunk Highway 100 and south of the property owned by Mr. Dale, from I-2 (general to industry) to C-2 (general commerce) . He explained the action was wholly contingent upon the disposition of the related application and the two applications should be acted upon together. The Secretary also explained that a public hear- ing had been scheduled and that the owner, who lived out of town, had been notified of the pro- posed action and the reasoning for it and that a local realtor who represented the owner of the property also had been informed of the proposed action. -5- 4/15/76 Relative to Application No. 76009 , the Secretary stated the Southwest Neighborhood Advisory Group had recommended the inclusion of this parcel with the Dale property in any rezoning action. Chairman Foreman noted that a public hearing had Public Hearing been scheduled on this application and he recog- nized several of the neighboring property owners who reserved their comments following further re- view of the application submitted by Mr. Dale. The Secretary commented that Application No. 76009 had been tabled on February 12 , and referred to the Southwest Neighborhood Advisory Group, which had recommended approval of the rezoning. He stated the application had also been tabled so the owner could develop a conceptual master plan of the area, incorporating pertinent development proposals by the Highway Department, which would affect the property. The Director of Public Works commented on the various Highway right-of-way concepts as they would affect both tracts of land and stated that proper planning of the entire area as to eventual site layout was crucial. Chairman Foreman inquired as to acgU4 sition timing for the property and stated that it would be in- appropriate to require the land owner to defer proper development until the Highway Department made up its mind as to future upgrading of Highway 100 and the France Avenue Interchange. Commissioner Scott and Chairman Foreman recognized several of the neighboring property owners who stated they generally endorsed the concept of re- zoning and their primary concerns involved proper buffering and restricted access onto Azelia Avenue. At Commissioner Scott' s request, the Secretary read the report of the Southwest Neighborhood Ad- visory Group and a brief discussion ensued as to various concerns of the group relative to eventual commercial development. In further discussion Commissioner Horan stated that he endorsed the rezoning and that his primary concern had been that the neighboring property owners fully understood the types of uses which were permitted in the C-2 district versus those permitted in the I-2 district. Commissioner Scott responded that the proposal had been discussed throughout the neighborhood as well as by the neighborhood group, and that she felt there was a sound understanding of the various types of development permitted in the C-2 district . Commissioner Scott stated that she endorsed the concept and that in discussing it with the people in the area, her concern was that proper measures be taken to assure sound planning of the area through #Y subdivision and plan approval as well as to assure proper steps are taken to buffer the area from the neighboring residential uses. Commissioner Pierce stated that he endorsed the application and felt that C-2 zoning would offer development potential superior to that available under I-2 considering the established residential nature of the area. -6- 4/15/76 Commissioner Jacobson stated she also endorsed the concept and had been most concerned that the neighborhood group as well as neighboring property owners be able to express their con- cerns. Chairman Foreman stated that he supported the request but was concerned that. proper steps be taken to present a conceptual or preliminary plat for the tract of land. He suggested that, with the Commission' s endorsement, the item be • deferred to allow the applicant time for pre- paration of a preliminary plat, showing the property layout consistent with the conceptual drawing presented to the Commission. He sug- gested that the applicant and his consulting engineer or surveyor work closely with the City staff to assure that the preliminary plat would comprehend proper access and other engineering features to assure that the overall planning of the area would be based upon a sound design for future commercial development. Action Tabling Following further discussion there was a motion Application No. 76020 by Commissioner Scott seconded by Commissioner (City) Jacobson to table Application No. 76020 pending disposition of Application No. 76009 . The motion passed unanimously. Action Tabling Motion by Commissioner Scott seconded by Com- Application No. 76009 missioner Jacobson to table Application No. (W. J. Dale) 76009 submitted by W. J. Dale so the applicant can prepare a preliminary plat and conceptual layout of the tract of land comprehending proper engineering and access features which were ex- hibited in the artist' s rendering; and noting particularly the concerns of the neighborhood as to lot layout, access, and buffering. The motion passed unanimously. Recess The meeting recessed at 9 : 50 p.m. and resumed at 10 :05 p.m. Other Business: The next item of business was a brief review of Reconsideration of Applica- the circumstances of Application No. 74054, sub- tion No. 74054 mitted by Douglas Quady, 4725 Twin Lake Avenue, (Douglas Quady) consisting of a variance to permit construction not otherwise permitted due to nonconforming circumstances at the property. The Secretary explained the variance request had been denied by the City Council on December 9 , 1974 , but since that time, the Council had requested the Commissioner to reconsider the facts of the case so that the decision could be affirmed for the applicant or so that a revised reccommendation could be made based upon any facts , which may not have been thoroughly analyzed during origi- nal hearings . The Secretary explained that the applicant was unable to attend and had been in- formed that the Commission could continue its discussion of the matter at the study meeting. Chairman Foreman suggested that the matter be deferred until the study meeting so that the applicant would have the opportunity to be present during the reconsideration. Draft Ordinance Amendment The next item of business was review of a draft to Chapter 35 Relative to ordinance amendment to Chapter 35 relative to Side Corner Lot Setbacks side corner lot setbacks. The Secretary explain- ed the proposed language, and that the ordinance adopted in late 1957 changed the side corner -7- 4/15/76 . r setback from fifteen to twenty-five feet. He stated the proposed language would cover corner lots which were of record prior to the 1957 ordinance change and which were substandard as to width, i.e. , less than 90 feet. He said there were such lots in the R-1 district as well as in the R-2 district, and that they were not limited to the southeast neighborhood. Following a brief discussion, there was a motion by Commissioner Jacobson seconded by Commissioner Scott to endorse the draft amendment relative to • side corner setbacks. The motion passed unanimously. The next item was review of a draft ordinance amend- Draft Ordinance Amend- ment to Chapter 35 relative to interior lot rear yard ment to Chapter 35 setbacks. The Secretary explained the background for Relative to Interior the language change and commented that the draft in- Lot Rear Yard Setbacks cluded two housekeeping changes to the Table of Minimum District Requirements , regarding deletion of the reference to R-1 and R-2 corner lot rear yard setbacks. He stated that by definition, corner lots do not have a formal rear yard since yards not abut- ting streets may be considered as interior side yards . He stated the main effect of the amendment would be reduction of the rear yard setback for dwellings on interior lots , from 40 feet to 25 feet, provided the rear yard area was a minimum 30 percent of the total lot area. He explained it was clearly the intent of City zoning ordinances for many years to require a minimum rear yard of 30 percent of the lot area, and that this had been accomplished through use of an established setback line. He commented the proposed language would permit house additions into the rear yard, and would also assure the same minimum area for yard purposes . He stated this should particularly resolve problems with es- tablished setbacks on odd shaped lots which have adequate area but do not have standard lot line configurations . An extensive discussion ensued as to the need to clarify the ordinance definition of "rear yard" , to ensure the intent of the proposed requirement would be understood. The Secretary stated the definition could be clarified in a separate action. Following further discussion, there was a motion by Commissioner Scott seconded by Commissioner Jacobson to endorse the draft amendment relative to rear yard setbacks. The motion passed unanimously. The next item of business was review of a draft Draft Ordinance Amend- ordinance amendment to Chapter 35 relative to sub- ment to Chapter 35 standard lots and parcels. The Secretary explained Relative to Substand- the item and stated it was a complete revision of and Lots and Parcels Section 35-500 , which was a standard zoning ordinance "grandfather clause" relative to lots of record at, the time zoning standards were adopted. He stated the proposed language would included two types of sub- standard lots which now are not covered by this section : 1. Lots of record before 1940 which do not meet the 70% requirement as to width or area. 2 . Lots of record platted after 1940 which do not meet present standards. The Secretary continued that all lots of record on -8- 4/15/76 an effective date established by the Council which met the 40 foot width and 5 ,000 sq . ft. area criteria, could be used for single family dwellings, provided the setbacks were met. He reviewed recent maps of the City showing the location of substandard lots and vacant lots. An extensive discussion ensued as to the change in planning policy represented by the proposed amendment; namely, that the existing section had served to encourage combining small lots to create larger parcels . It was suggested a state- ment of intent might be added to the amendment, which would explain that the language recognized the substandard lots as potentially buildable, but that, when physically possible , creation of larger lots was preferred. Followin,- further discussion, there was a motion by Commissioner Scott, seconded by Commissioner Pierce to endorse the draft amendment relative to substandard lots and parcels . The motion passed unanimously. Discuss Subdivision In other business the Secretary stated that the Standards in the R-2 staff would have recommendations prepared soon District as to subdivision standards in the R-2 zone, since the Commission-mandated study of utility capacity and land use inventory for that area was nearing completion. Discuss Metropolitan In other business the Secretary commented as to Planning Act the recently passed legislation known as the "Metropolitan Planning Act" , and a brief review ensued as to the Act ' s provisions. The Secretary stated that as further developments occurred, the Commission would be informed. Defer Review of Park and In other business it was the consensus of the Recreation Commission Commission to defer discussion of the Park and Draft Policy Recreation Commission ' s draft policy plan until the study meeting. Adjournment Motion by Commissioner Jacobson, seconded by Commissioner Scott to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 12 :00 a.m. Chairman -9- 4/15/76