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HomeMy WebLinkAbout1971 06-04 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota June 4, 1971 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 8:10 P.M. Roll Call: Chairman Robert Jensen, Commissioners Cecelia Scott, Henry Bogucki, Bob Foreman and Robert Grosshans. Staff members present were: Tom Loucks and Jim Merila. Following the Chairman's explanation, the first item of business was Application No. 70012 submitted by Viewcon, Inc. The item was introduced by Mr. Loucks who indicated that the applicant is requesting site and building plan approval for a 102 unit townhouse development for a parcel located at 58th and Major Avenues North, east of the Twin Lake North apartment complex. It was indicated that the Commission had reviewed the appli- cation on April 2, 1970, at which time the recommendation for conceptual approval of the site plan was made to the City Council. The Council reviewed the application on April 13, 1970, at which time concept plans were approved with the direction that the City Manager develop and recommend methods of resolving inconsistencies anC conflict between the subject proposal and existing ordinance structure. On May 24, 1971, the City Council reconsidered the application and it was their action to remand it to the Planning Commission for review and recommendation. Mr. Loucks commented that the 102 townhouse units are to be developed in two phases. The first phase consists of a 4 unit clustered model to be located on the south portion of the property adjacent to County Road 10, and the 40 remaining units, tennis court, pool, basketball court, shuffle board court, and tot lot are to be constructed when the units are pre-sold. It was further noted that when Phase One is completed, each unit would be surveyed and a plat submitted for approval. It was then noted that Phase Two consists of 58 cluster units and two tot lots to be developed utilizing the same procedure as set forth in Phase One. Chairman Jensen then recognized Charles Van Beckhout of Viewcon, Inc. , who reviewed the proposal and stated that the development would consist of three and four bedroom units ranging in price from $24,000 to $32,000 per unit. He noted that it was the intent of his company to construct a four unit cluster for model purposes and that upon pre-sale of 80% of phase One of the development, they would begin construction. He further stated that it is intended that the swimming pool not be constructed as part of Phase One of the development. Relative to Phase Two, he commented that those 58 remaining units would be developed in a similar fashion to Phase One with the exception being that construction would commence coincident with a lower pre-sale ratio. Chairman Jensen recognized the City Attorney who reviewed the proposed Home Owner's Association Agreement and its relationship to existing State Statutes. The Attorney commented that the proposal is a standard agree- ment and appears to be in order. i -2- Chairman Jensen then recognized the affected property owners in the audience. Discussion ensued at which time it was alleged that the buildings being proposed resemble "eastern row houses". It was further commented to the effect that the property owners felt they had been misled at the rezoning hearing in which the developer proposed a much more desirable townhouse development. Chairman Jensen commented that upon consideration of the rezoning application, the Commission had considered the land use and not necessarily the specific proposal being brought forth by the applicant. He further commented that the Commission is cognizant that a given development may not materialize for a piece of property and therefore divorces consideration of such proposals when considering the rezoning matter. Further discussion then ensued relative to the possibility of the developer constructing the berms and providing the land- scaping as shown on the plans prior to the commencement of construction of the townhouse units, and the feasibility of providing a walkway through the property to allow pedestrian traffic to get to Kylawn Park from June Avenue. Commissioner D itter arrived at 9:20 P.M. Following further discussion and review of the site plan, a motion was made by Commissioner Foreman and maconded by Commissioner Bogucki to recommend to the City Council appruva7, of Planning Commission Application No. 70012 subject to the following conditions: 1. That the site plan be approved with the provision that Phase Two be reviewed by the Planning Commission upon completion of Phase One to determine if there are any necessary adjustments to the total development plan prior to entering into Phase Two. 2. That a model four unit cluster be allowed to commence prior to the construction of the 40 remaining units in Phase One of the development. 3. That a snow fence or other effective screening device be erected to prohibit blowing of debris and earth materials on to the properties along ,Tune Avenue during the construction period. 4. That utility, drainage, and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit. 5. That additional berms be provided in areas adjacent to single family residences where berms are not indicated on the site plan. 6. That the Home Owner Association Agreement is consistent with the State and/or local laws governing such agreements. 7. Building plans are subject to the approval of the Building inspector with respect to applicable building codes. 1 1 , 1 -3- B. That a performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. 9. That the platting requirement be waived because of the uniqueness and peculiarities of condominium development, until such time as a given phase of the development is completed. Those voting in favor of the motion were: Chairman Jensen, Cormnissioners Foreman, Bogucki, Scott and Grosshans. Not voting were: Commissioner Ditter. Motion carried. Commissioner Ditter noted for the record that he did not vote because he had not been present during the total discussion of the application. Chairman Jensen left the table at 9:55 P.M. and turned the gavel over to Chairman Pro-tem Robert Grosshans. The next item of business was Planning Commission Applications No. 70031, 70030 and 70018. Chairman Grosshans commented in view of the fact that the three applications submitted by Gold Medallion Nursing Horses are inter-related that they should be reviewed concurrently. Mr. Loucks introduced the applications and noted that the applicant is requesting rezoning from R3 and C2 to R4, a special use permit to allow the operation of a nursing home facility, and preliminary approval for a registered land survey for a property located east of the Georgetown apartment complex and north Of 66th Avenue North. It was noted that the applicant is requesting rezoning of the 3.3 acre parcel to permit construction of a 160 bed nursing home facility which is a special use in an R4 district, and further, that the Registered Land Survey submitted is the result of a request of the Planning Commission on June 4, 1970, to plat the existing DEMAC Addition into a Registered Land Survey. It was noted relative to the rezoning request that the property is bounded on the east and south by C2 (commercial) and on the north and west by R3 (multiple development) and that given the nature and character of the uses in proximity to the site, it would appear that the R4 zone is an appropriate use. Mr. Loucks further commented that the special use permit is a requirement for a nursing home in an R4 district and, providing the property is rezoned as reflected in Planning Commission Application No. 70031, all requirements could be met with the exception that it can not be demonstrated that adequate measures are taken to provide ingress, egress and parking so designated as to minimize traffic congestion on public streets. However, it was noted that the requirement would be established upon submittal of site and building plans for the proposed nursing home facility. Chairman Jensen returned at 9:20 P.M. A discussion ensued- at which time Commissioner Ditter asked why the applicant is not submitting site and building plans for approval at this time. Fred Donaldson, representing Gold Medallion Nursing Homes, commented that they are now conducting a study to determine if 1 . 1 i -4- it is economically feasible to construct a nursing home that can comply with Brooklyn Center's recently adopted ordinance requirements, and that they must obtain the proper zoning and permits in order to exercise their purchase option on the property in question, and further, that there is a lag time in producing site and building plans because of the exacting requirements of both the State and the City which requires them to submit what are essentially final construction plans for such a facility. Mr. Donaldson added he felt that there were no particular problems in regard to the ability of Gold Medallion to construct a nursing home which would meet the City's requirements and indicated that Site and building plans would be forthcoming as soon as possible. Mr. Loucks commented that a key consideration upon examination of the applications, is that the Commission should be satisfied that the site in question is a proper R4 zoning classification whether or not it is utilized for a nursing home or multi- residential use. A discussion ensued at which time it was the consensus of the Commission that an R4 land use would be proper and consistent with existing zoning principles. A motion was made by Commissioner Bogucki and seconded by Commissioner Scott to recommend to the City Council approval of Planning Commission Application No. 70031. The motion carried unanimously. Motion by Commissioner Bogucki and seconded by Commissioner Scott to recommend to the City Council approval of Planning Commission Application No. 70018 recognizing that ingress and egress provisions of the special use permit will be finally determined upon submittal of the site and building plans for approval. Motion carried unanimously. Motion by Commissioner Bogucki and seconded by Commissioner Scott to recommend to the City Council approval of Planning Commission Application No. 70030. Motion carried unanimously. The next item of business was Planning Commission Application No. 71017 submitted by Randall Lane requesting site and building plan approval. The item was introduced by Mr. Loucks who indicated that the applicant is requesting site and building plan approval for a three story 26 unit apartment building for a property located at the northeast intersection of Emerson Avenue and 67th Avenue North. Following discussion and a review of the site plan, a motion was made by Commissioner Ditter and seconded by Commissioner Bogucki to recommend to the City Council approval of Planning Commission Application No. 71017 subject to the following conditions: 1. Curb cuts on Emerson Avenue North and 67th Avenue North be adjusted to meet the existing in-place curbing on those respective roadways. 1 1 1 -5- 2. The internal roadway at the northeast corner of the proposed buildings be adjusted to reflect a 24 foot width in lieu of the 20 foot width as shown on the plan. 3. That the site plan be adjusted to show parking and roadway adjacent to the north property line in lieu of the present landscaping and parking lot layout. 4. Drainage and elevation plans must be submitted for review by the City Engineer prior to final action by the City Council. 5. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 6. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. 7. That the applicant submit a revised landscaping plan to be reviewed by staff prior to City Council action. The motion carried unanimously. The next item of business was ri anni ny e >mm�; as;.or� pppl i al-inn No. 71018 submitted by Randall Lane. The item was introduced by Mr. Loucks who indicated that the applicant is requesting site and building plan approval for a three story 22 unit apartment building to be located at the northwest intersection of Emerson Avenue North and 67th Avenue North. Following a brief discussion and review of the site plan, a motion was made by Commissioner Ditter and seconded by Commissioner Scott to recommend to the City Council approval of Planning Commission Application No. 71018 subject to the following conditions: 1. That the parking lot south of the proposed building be adjusted to allow construction of concrete T's in the parking areas. 2. That drainage and elevation plans be submitted to the City Engineer for review prior to the City Council action on the application. 3. That the curb cut on Emerson Avenue be adjusted to coincide with the in-place curbing on that roadway. 4. That the applicant submit a revised landscaping plan to be reviewed by the staff prior to City Council action. 5. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 6. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements 9u P as designated on the plans submitted. The motion carried unanimously. k i 1 1 -6- The next item of business was Planning Commission Application No. 70019 submitted by Standard Solvents. The item was introduced by Mr. Loucks who indicated that the applicant is requesting site and building plan approval for a 2,900 square foot addition to the existing 1,900 square foot building for a property located at 4906 France Avenue North. It was commented that the application consists of two parts, one of which proposes construction of a 2, 900 square foot building, landscaping and bituminous surfacing for certain areas of the parcel and a second portion of the proposal which consists of removing above grade storage tanks and placing them underground and surfacing of the remaining driving and parking areas at a future date. Following a brief discussion, and review of the site plan, a motion was made by Commissioner Scott and seconded by Commissioner Grosshans to recommend to the City Council approval of Planning Commission Application No. 71019 subject to the following conditions: 1. That the shrubbery noted in the green strip area at the westerly portion of the property be designated as mock orange shrubs. 2. That the areas noted for future construction (place- ment of storage tanks underground and placing of bituminous surfacing) be accomplished within a two year period, and further, that those future driving and parking areas be curbed with concrete curbing in accordance with ordinance requirements_ 3. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 4. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit. 5. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. The next item of business was Planning Commission Application No. 71020 submitted by Brooklyn Center Industrial Park. The item was introduced by Mr. Loucks who indicated that the applicant is requesting site and building plan approval for two spec buildings on a property located at the intersection of Shingle Creek parkway and 65th Avenue North. Following a brief discussion and review of the site plan, a motion was made by Commissioner Grosshans and seconded by Commissioner Bogucki to recommend to the City Council approval of Planning Commission Application No. 71020 subject to the following conditions: 1. That the berm area depicted on the southwest corner of the parcel be moved 50 feet in an easterly direction to permit proper sight distance at the intersection of Shingle Creek parkway and 65th Avenue North. I I i I it I i II -7- 2. That all other berms depicted on the site plan be at grade level a minimum of 15 feet from existing or future curb lines to allow for construction of future sidewalks. 3. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. 4. Utility, drainage and elevation plans are subject to the approval of the City Engineer prior to the issuance of a building permit. S. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee site improvements as designated on the plans submitted. The motion carried unanimously. The next item of business was Planning Commission Application No. 71016 submitted by Brooklyn Center Baptist Church. The item was introduced by Mr. Loucks who indicated that the applicant is requesting a special use permit to operate a children's day care center at the Brooklyn Center Baptist Church located at 5840 Humboldt Avenue North. It was noted that an R4 district is the lowest classification that makes specific reference to day care centers as a special use and that Brooklyn Center Baptist Church is located in an R1 district. It was noted that a special use permit can be approved by the City Council in an R1 zoning district provided the use is determined to be in the interest of the public welfare. Following a brief discussion, a motion was made by Commissioner Bogucki and seconded by Commissioner Foreman- to recommend to the City Council approval of the special use permit to operate a children's day care center provided a license for the operation of such a day care center is procured from the State of Minnesota and a copy of which is placed on file with the City prior to the commencement of the operation. The motion carried unanimously. The next item of business was Planning Commission Application No. 71010 submitted by Jesse Johnson. The application was introduced by Mr. Loucks who indicated that the applicant is requesting a 15 foot side yard corner setback variance and a 216 foot lot area coverage variance for a garage to be located on a parcel at 4701 Lakeview Avenue North. It was noted that the Application had been reviewed by the Planning Commission on May 6, 1971, and tabled at that time to allow further analysis for rendering a decision on the matter. Following a brief review of the application, a motion was made by Commissioner Ditter and seconded by Commissioner Bogucki to recommend denial of Planning Commission Application No. 71010 because the applicant has failed to show hardship as promulgated by the Zoning Ordinance, and further, granting of such a variance would set an unwise precedent for granting future requests of a similar nature. 1 1 -8- Those voting in favor were: Chairman Jensen, Commissioners Bogucki, Ditter, Grosshans and Foreman. Not voting: Commissioner Scott. The motion carried. The next item of business was an amended landscape plan related to Planning Commission Application No. 70053 submitted by Thomas Construction Company. Following a review of the amended landscape plan, a motion was made by Commissioner Ditter and seconded by Commissioner Bogucki to recommend approval of the amended plan to the City Council. The motion carried unanimously. Motion by Commissioner Foreman and seconded by Commissioner Grosshans to adjourn. The motion carried unanimously. The Planning Commission meeting adjourned at 11:57 P.M. Chi an i