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1976 10-14 PCP
Planning Commission Agenda Regular Meeting October 14, 1976 1 . Call to Order: 8:00 p.m. 2. Roll Call: 3. Approve Minutes: September 30, 1976 4. Chairman's Explanation: The Planning Commission is an advisory body . One of the Commission's functions is to hold z 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. W. J. Dale 76052 Preliminary Plat Approval for property south of Lakebreeze Avenue and northwesterly of T.H. 100. 6. City of Brooklyn Center 76053 Rezone, from R-1 to C-1 , property at and adjacent to 5601 Brooklyn Boulevard, now known as the County Library property . 7. Don Yablonsky for J. Y. J. Corporation 76055 Special Use Permit for retail sales activity in the I-1 (Industrial Park) District at 2400 Freeway Boulevard. 8. Meadow Corporation 76041 Special Use Permit and Site and Building Plan Approval for Planned Residential Development north of 69th Avenue North at Unity Avenue North. (Item tabled at July 8, 1976 public hearing.) 9. Meadow Corporation 76044 Preliminary Plat Approval for property consisting of the above Planned Residential Development 4 (Tabled at July 22 , 1976 public hearing.) 10. Discussion Items: a. Ordinance Standards Relative to Single Family Attached Dwellings b. Ordinance Standards Relative to Flashing Signs c. Review Zoning Matters Referred by City Council d. Pending Items 11 . Other Business: 12. Adjournment: • 0 Planning Commission Information Sheet Application No. 76052 Applicant: W. J. Dale Location: North and west of T.H. 100, south of Lakebreeze Avenue Request: Preliminary Plat Approval Application No. 76009 which was approved on July 26, 1976 rezoned the property from I-2 to C-2. A condition of approval is that the property must be replatted prior to development. We have reviewed the proposed subdivision with the applicant, and the Director of Public Works will be prepared to discuss the details. No specific development is proposed at this time. The property to the south (which was rezoned also) is not included: the owner did not indicate a desire to participate in this action. The recommended layout is two large tracts, one on either side of the future street dedication. Approval would be subject to the following: 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. Planning Commission Information Sheet • Application No. 76053 Applicant: City of Brooklyn Center Location: 5601 , 5 607 , 5625 Brooklyn Boulevard Request: Rezone The property belongs to Hennepin County and includes the library site and two (of three) adjacent residential lots, each of which supports a dwelling. The recommended rezoning, from R-1 to C-1 , comprehends the library site parcel, except for the northerly approximate 165' long strip, i.e. , the westerly 28' of 5637 Brooklyn Boulevard; and the westerly approximate 69' of the two parcels north of the library, i.e. , 5607 and 5625 Brooklyn Boulevard. The resultant C-1 zoned land would include the library building, yard, and sufficient land to support the ordinance required parking for a C-1 service-office use in the building. Parking was calculated using the "l space per 200 sq. ft. gross floor area" formula, and does not represent medical clinic uses . This has been proposed in anticipation of the County's disposition of the entire property when another site is secured for the planned regional library and service center. Notices have been sent to residents within 350 feet. It is established Commission policy to refer rezoning matters to the Neighborhood Advisory Group for review. • I ', I� feet 1 r ; NORTHPORT .� 5 6 �°°° T g s 1 CC....... 2650.28 15 15 �f'� e 5, X311,31 • 75C 9=Y6'S3'W y 110 11 23 V�v N`-60 N Y '°-31.43 <�i1 2 0/ ° "� -„aI1��l_. TO T Z :. '!37_920 •. =o S8-7°46' 53 3"5:v 8.243 9 6 04- AD 3J 12 9 ).115 r L f / / a 6 N6 81'�,7fl^E e.Qi �1t7•j`7;"-t:,.� � p�° ,<5 � 1jJ ';'• � A e 85 © �4-, ° d i' •�°, ° x.51 �' o !� S9'3o E G A r 6 / IC 3 h � 7• /�J � N;A CD (3675 O �M� 'II 2t: °6 '$60` a i Cy / o J :..� N85'2G'SS '• e ISr. 2 / / / D •D 56TH '°Z s.z0, 422 %2 +o 4`�/��// // // /I '//////•,;z(3^p, 1 1 o„r c A:v�...w+:.' (GH3r�43f30,00.)i) (11�:'�'`I°.I)a�;� 1�;�1 e O s°:\- h�y'�_'y.0000 y%!?2_Y 0 3 A„V E2-'2q'99 a. s••.- NS a Q-I.•'• 3°p99 4%z 93 g 1 p .; ''/2 2 80..5'5 `4.'p6 ° l •f' n•• : ... °124 20)K y(4010 o :.. ::: ' 3� . \ 16449 Nip eso::..... 0 µn PROPOSED REZONING AREA l 1 a K N. s \ 1 i ' (4030) / y ,QRIVE oP 1 1 3 (2850 _ -cA - 1 r [ 7 �n � / B 1 �a // - s F /r4•w 780. s- r G o ti .9 h 1 A P �, �QPeN �2gg0) N� ,�� 5,a"T1'w •112.1 ols � - - 'n K >v o 0 v Eae1 38.42 _I 17z o z v, 4� 578°Il U D tr- / (5000) ® 3 - 2 -a�281O) f15 ro o + 163 578' °, --in / x89°5930"c 3911 1— - - - e 2/tB'/° s N O R T H PORT �1't° ( 950) "� i p o a H 4� M 4.02 j4.�1 5°• j° °i. SCHOOL N N M w * o M O 10) 1 Yf90 0 2'd\. VS 130�N cg 1{M1 AVE K «. 154 nt4°p011 9°4 2 S5Z'li'30 r�.zc'zz NO. PART Ar" OA ^� 195.4 g r, OF TRACT air D o° 8g,>” AbENEN T � ! 8 52.26. 30 `-5z ,°'y° 8� •.TO°0+ •� G R NO.40 .L.S ?i~tip 0 0 ,6Q 504" 'V I- f `�, d,8'54' P 438.97 i _ o,�b•'' .;.� L, 3 e w 1JO ;' i Nd'8((31'W $32.2 04... `9 9� I o _ *te ^'� 5. I �2 S15o55 33 3869 3 6 (462) ° 2 r �° oy�-''° 0 35 �� 3 °@ ,,o PART OF LOT 33 o j o ,- N z N .E 1 II 3S j AUO. N • SUB. �'• N IN O. 216 .;1+ q . i 3 `1 2 �/ (3863) �^� 34 (4166) 1 O 5 02 c:1!!E CaE.1E Abp g2'' < 2 30 0' I v, ° o r ? Il>f.400 Z . E° 0 a ES 4168 i,5Y934' 7"W z 51 cp Its 50�;, ilQVE e:l''Z8' NO. i 3 9b z >N__ As.� ` ,. 'zit. i NINE MENNEN � eaarx ME Planning Commission Information Sheet • Application No. 76055 Applicant: Don Yablonsky for J. Y. J. Corporation Location: 2400 Freeway Boulevard Request: Special Use Permit The premises were formerly occupied by Kennedy-Cohen which was granted a special use permit for retailing appliances on May 20, 1974 (Application No. 74022). That was the first permit issued for special commercial use in the I-1 District. The property was vacated earlier this year when Kennedy-Cohen ceased operations. The managing owner, F.B.S. Financial, Inc. (agency of First Bank Systems) has been seeking a permanent lessee or buyer. The applicant represents such a possibility. The nature of the proposed use is described in the attached letter from the applicant. The request should be evaluated in terms of the provisions of the ordinance: Section 35-300 3. (f) - Those commercial developments which, in each specific - case, are demonstrated to the City Council to be: (1) Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally; (2) Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally; (3) Of comparable intensity to permitted I-1 district land uses with respect to activity levels; (4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the com- munity; and, which are described in Section 35-322, Subsection 1 (a) through 1 (j); 3 (c), 3 (d); and 3 (g) through 3 (j). Such commercial developments shall be subject to I-1 district requirements of Section 35-400 and 35-413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. Application No. 76055 (cont.). Concerns for consideration include: 1 . Parking The 1974 approval comprehends a deferment of approximately 148 spaces for which there is adequate land area . The condition of approval states the additional spaces shall be installed when deemed necessary by the City Council. We have no reason to believe the spaces are needed now; however, the condition should be reflected in this action as well. 2 . Site Improvements. The landscaping has deteriorated substantially (almost all sod is dead) due to lack of maintenance; the parking and driving areas have also deteriorated, through lack of use, maintenance and due to damage. Recent inspection indicates the site lighting is not. fully operable. Complete rejuvenation, replacement, or , as needed, installation of all site improvements per approved plans are recommended. The season is not conducive to landscape work , and the applicant proposes a possible short term occupancy. A performance agreement and supporting financial guarantee for the restoration and/or installation of required site improvements is recom- mended. It would be appropriate for the owner to provide this . The site lighting can be made operable now, and should be required as a condition of permit issuance. 3. Permit Duration. The permit is issued to the applicant and is not transferable. The owner has suggested a "blanket permit" be granted to F.B.S . , Inc. so additional future tenants could be accommodated, should this one leave, without City approvals . We disrecommend this as inconsistent with the Ordinance requirements. It is appropriate to hold the owner accountable for the condition of the site, as noted in item No. 2 The applicant has requested a certificate of occupancy as a "wholesale distributor" which is a permitted I-1 use. It is possible he may have started to move in, on that basis only , by the public hearing. Approval would be subject to the following: 1 . The permit is issued to the applicant as operator, and is not transferable. Application No. 76055 (cont.) • 2. A portion of the required parking spaces may be deferred, as indicated on the plans approved under Application No. 74022 on May 20, 1974 , until such time that the installa- tion 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. 3. A portion of the required underground irrigation system 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 green strip at such time that the deferred parking is installed. 4. The site lighting shall be repaired and/or installed so to be functional prior to issuance of the permit. 5 . All landscaping and parking lot improvements shall be rejuvenated, replaced or installed consistent with approved site plans A erformance agreement a s p rt g fiia guarantee i an et y ity Mtnr-�Qex_),_shall be submitted to assure completion of • required work prior to issuance of the permits . 0 EN • _ r, 400 Third Avenue North Minneapolis, Minn. 55401 Phone: (612) 338-1526 City of Brooklyn Center Planning Inspection Department Brooklyn Center, Minnesota 55429 Attn: Blair Treumiar October 5, 1976 Re: Application FBS Financial Inc. Dear Mr. Treumiar: The following is a summary of the business operation of J.Y.J. Corporation. • J.Y.J. Corporation was incorporated in June, 1975, as a Minnesota Corporation. The stockholders and directors are Don Yablonsky, 415 Idaho Avenue North, Minneapolis, Minnesota, Irwin Jacobs, 1700 Shoreline Drive, Wayzata, Minnesota, and Sheldon Jacobs, 2640 North Shore Drive, Wayzata, Minnesota. The company specializes in purchases of inventories of all types from manufacturers, wholesalers and insurance companies in situations where the sellers are either overloaded or financially troubled. Since the past year the company has purchased inventories from clothing manufacturers, hardline manufacturers, importers and exporters. The types of buyers to which the company has sold merchandise is typically large chains in retail operations such as, Dolgencorp, Inc. and Hancock Textile Company. A typical sale to the wholesaler is in the approximate average of $25,000.00 to $50,000.00 per sale. Last years sales volume of wholesale merchandise was slightly in excess of three million dollars. The company has since its inception concentrated primarily on sales on a wholesale level. The company warehouses its merchandise at 400 Third Avenue North, Minneapolis, Minnesota and is in need of larger facilities. In addition, in the last year the company has experimented with the sale of some of its merchandise at retail and has experienced a reasonable amount of success with its retail sales. For sometime, therefore, the company has been looking for a building which would house both its wholesale operation, as well as be useful for the sale of its merchandise at retail. • Con`t Page II LIQUIDATORS, INSURANCE SALVORS, INVENTORY PURCHASERS Page II The ro Kennedy-Cohen y property appears to be a facility which would lend itself well to the company's plans for this type of use. However, the company is not sure of the location of the property, as well as the access for these purposes. And is therefore, interested in property only on a trial basis, which would give the company some idea of whether or not this particular property would fit the company 's future plans. Therefore, the company is prepared to enter into a lease for three months with an option to purchase property, during which time the company will prepare a representative retail sale of its merchandise. It is essential to the company's plans for the use of the Kennedy-Cohen property, that the company be able to use the property for the upcoming holiday season since the company feels that if the location has any value for retail purposes, a good test will be the November, December season. The company is prepared to present a substantial retail inventory for sales during that period of time. In order to take advantage of this season the company would have to be able to be in the premises immediately in order to make the necessary preparations for the type of test sale. If you would like any further information regarding the company's operations, please do not hesitate to contact me.. Sincerely, J.Y.J. CORPORATION J Don Yablonsky cc: Timothy Hamilton FBS-Financial Incorporation DY:mt Planning Commission Information Sheet Application No. 76041 Applicant: Meadow Corporation Location: North of 69th Avenue North at Unity Avenue North Request: Special Use Permit/Site and Building Plan Approval The item was heard at public hearing on July 8, 1976 and was tabled to determine the applicability of state regulations as to Environmental Assessment requirements. It was determined that an assessment is required; the applicant submitted one to the Environmental Quality Council which, on September 14, 1976, resolved that: 1 . The Environmental Assessment on Fox Run is adequate. 2 . The project is not a major private action of more than local significance with the potential for significant environmental effects. 3 . No Environmental Impact Statement is required. Two concerns voiced by the Commission involved the appearance of the proposed units from adjacent property; and the need for additional reasonable security screening for the open water areas . We have continued our review of the plans with the applicant and additional drawings and revised plans have been developed. The specific approval of site and building plans is for Phase I only . The master plan and subsequent preliminary plat (Application No. 74044) are subject to review as part of the special use Planned Residential Development. We will be prepared to discuss the proposal in detail. Consideration should be given the use of chain link security fencing around the perimeter of the site abutting the single family residential properties. Approval would be subject to the following: 1 . Drainage, grading and utility plans are subject to approval by the City Engineer prior to the issuance of building permit. 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 determined by the City Manager) shall be submitted to assure completion of approved site improvements for each Phase. Application No. 76041 (cont.) • 4. All required easements shall be documented and filed with the City prior to the issuance of building permits. 5. 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. 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, management, 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 prior to the issuance of building permits; 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 that might be incurred to be assessed to the property owners; b. Provision for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35-410 (5) of the 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. 12 . The specific design of an access onto 73rd Avenue North shall be subject to consultation with the Brooklyn Center City Engineer and possible negotiation with the City of Brooklyn Park. rD Q0 .q _ zf t% za -f + ---s ✓r E S T �_ _ N rr, i�j 4p ot A �- rn ` fit � � x, � j e � - '�••, � � - z -NAV r yl �' O a a ��L�..j 1 11 11 }'► Planning Commission Information Sheet Application No. 76044 Applicant: Meadow Corporation Location: North of 69th Avenue at Unity Avenue North Request: Preliminary Plat Approval This item was tabled at the July 22 , 1976 meeting, so it could be reconsidered concurrently with Application No. 76041 . The subdivision consists of 20 lots on 2 blocks (Phase I of the development) and 10 outlots which include a roadway from 69th to 73rd Avenues North. The Director of Public Works will be prepared to comment on the layout and the status of the roadway width and alignment. It is the intent that the project will be platted and sold as condominiums. Approval would be subject to the following: 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. •