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HomeMy WebLinkAbout1972 02-17 PCM Minutes of the Proceedings of the Planning Commission of the City of Brooklyn Center in the County of Hennepin and State of Minnesota February 17, 1972 The Planning Commission met in study session and was called to order by Chairman Robert Jensen at 8:00 P.M. Roll. Call: Chairman Jensen, Commissioners Grosshans, Scott, Foreman and Gross. Also present were: Director of Public Works James Merila, Chief Building Inspector Jean Murphey, and Administrative Assistants Blair Tremere and Daniel Hartman. Motion by Commissioner Scott, seconded by Commissioner Gross to approve the minutes of the February 3, 1972, meeting, as corrected. Voting in favor were: Commissioner Grosshans, Gross and Scott_ Chairman Jensen and Commissioner Foreman did not vote since they were not present at that meeting. The motion passed unanimously. Following the Chairman's explanation, the Secretary explained that Super Valu Stores, Inc. had revised and re-submitted Planning Commission Application No. 72008, which had received the Commission's recommendation for approval on February 3, 1972. He stated that a letter had been submitted to the file by the applicant stating that the site of the fueling station had been relocated one parking bay farther south than was initially shown on the plans presented to the Commission. The letter further noted that 8 parking stalls would be eliminated in the area where the fueling station had been initially proposed, and that that portion of the lot would be used as a stacking area for customers utilizing the fueling station. The Secretary commented that a total of 16 parking stalls would thus be eliminated from the entire lot, but that the remaining stalls would exceed the require- ments of the ordinance. Chairman Jensen then recognized Mr. William Hunt, a representa- tive of the applicant, and a discussion ensued relative to the revised site plan, including the provisions for traffic flow regulations, which were presented in compliance with the conditions for recommended approval. The Secretary stated that the applicant had further complied with the conditions for recommended approval and submitted to the file a letter dated February 10, 1972, acknowledging the applicant's awareness of the City's position regarding the Xerxes Avenue curb cut, as stipulated in City Council Resolution 71-73; and stating further that the proposed fueling station operation will not serve as grounds for retaining the curb cut on Xerxes Avenue. There was a motion by Commissioner Gross, seconded by Commissioner Foreman to acknowledge the receipt of the applicant's letters dated February 10, 1972, and February 14, 1972, complying with the conditions for recommended approval of Planning Commission Application 72007; and further, to recommend approval of Planning Commission Application 72008, as revised, requesting site and building plan approval subject to the condition that building plans are subject to the approval of the building inspector with respect to applicable building codes. The motion passed unanimously. 1 1 1 -2- The next item of business was consideration of a resolution recommending denial of Planning Commission Application No. 710052 submitted by Marvin Gordon, requesting rezoning from RI to R3 of the property located on the south side of 1-94 at Lee Avenue North extended. The Secretary read the resolution, which was ordered by the Commission at the January 27, 1972 meeting. Member Robert Grosshans introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 72-1 RESOLUTION RECOMMENDING DENIAL OF PLANNING COMMISSION APPLICATION NO. 71052 WHEREAS, Planning Commission Application No. 71052 submitted by Marvin Gordon requesting rezoning from Rl to R3 of the property described as Plat 89360, Parcel 2000, located on the south side of 194 at Lee Avenue North extended has been considered by the Brooklyn Center Planning Commission on December 2, 1971, and January 27, 1972; and WHEREAS, the proposed rezoning was duly presented at a public hearing on December 2, 1971, at which time neighborhood residents submitted for the file a petition opposing the proposed rezoning; and WHEREAS, the application was submitted to the West Central Neighborhood Advisory Group and a report of the findings dated January 5, 1972, has been reviewed and placed on file; and WHEREAS, a memorandum dated January 27, 1972, from the Director of Public Works, regarding the feasibility of developing the property in question into residential lots has been reviewed and placed on file: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER to recommend to the City Council denial of Planning Commission Application No. 71052 submitted by Marvin Gordon requesting rezoning from R1 to R3, noting that: 1. The subject property has been consistently conceived as R1 in nature and that there has been no significant change in the property since the last zoning review; 2. The proposed rezoning constitutes "spot zoning" ; 3. The cost of developing the land for R1 purposes is not substantially different from R3 development costs; 4. With respect to non-economic factors, no reliable testimony has been introduced to indicate that it is not feasible to develop the land for R1 use; 5. The size of the tract is not viable for sound R3 residential development. The motion for the adoption of the foregoing resolution was duly seconded by member Cecelia Scott, and upon vote being taken thereon, the following voted in favor thereof: Robert Jensen, Carl Gross, Robert Grosshans, Cecelia Scott and Robert Foreman. Voting against: none. Said resolution was declared duly passed and adopted. -3- Motion by Commissioner Scott, seconded by Commissioner Gross, to recommend denial of Planning Commission Application No. 71053 submitted by Marvin Gordon requesting site and building plan approval, which was contingent upon the approval of Planning Commission Application No. 71052. The motion passed unanimously. Chairman Jensen then recognized Mr. Gordon, who stated that he had discussed with the City Manager possible alternatives which might lead to the development of the subject property. Mr. Gordon presented sketches of a possible alternative, and a discussion ensued relative to the concept and the need for any variances which might be required. Chairman Jensen suggested that Mr. Gordon work with the staff in further developing the conceptual plan so that the Commission could more fully consider them at a subsequent study meeting. The next item of business was consideration of Planning Commission Application 72010 submitted by the Dietrich Company. The item was introduced by the Secretary who stated that the appli- cant is requesting site and building plan approval for a 95 unit town- house complex to be located at Brooklyn Boulevard and Wingard Lane. He stated that the site contains about 14 acres with the proposed density being approximately 6 units per acre, and he noted that the Ordinance permits a density of 8 units per acre in R3 zones. Commissioner Gross stated that he would refrain from partici- pation in the deliberation of this application because he was employed by a firm which performed engineering and consultant work for the applicant. Chairman Jensen then recognized Mr. Warren Olson, a representa- tive of the applicant, who gave a presentation of the plans for the proposed townhouse project. Mr. Olson explained that the applicant had made repeated attempts to acquire the property exception which was noted on the proposed plans. He stated that since the owner of the excepted property chose not to sell at this time, the applicant had proceeded with the design of the proposed project, including the access to Brooklyn Boulevard as indicated on the plans. He stated, however, that an attachment had been made to the plans which provided a master plan concept that comprehended the possible acquisition of the excepted property. He stated it was the applicant's intent to proceed with the development of the southern portion of the property first. He stated further that the common areas would be owned, operated and maintained by a Home Owner's Association and that copies of the association agreement had been submitted to the City for review. Mr. Olson further commented relative to the common areas, that the applicant would provide mounding or berming on the northwest, southwest and southeast quadrants of the intersection of Perry Avenue North and Wingard Lane as indicated on the site plan. He stated that it was the intent of the applicant to create a "park- like" atmosphere and that the development of the common areas, such as the provision for recreational facilities, would be up to the home owners association. Responding to a question by Chairman Jensen, Mr. Olson stated that the developer would provide landscaping of the open space, .. ,. .. 'I i f .: . -�.� -4- Mr. Olson further noted in response to a question from the Chair that the east-west through road was 30 feet wide, rather than 24 feet wide as the balance of the internal roadways, because the through road might possibly be used to serve as an access to Brooklyn Boulevard by the owner of the property to the west. Mr. Olson explained, relative to the street lighting, that he had discussed the spacing of the lights with the staff. He noted the applicant's proposal that the individual property owners would be assessed for the type of street lighting desired, and further, that the power for and the maintenance of the street lighting system would be supplied by the City, in the same manner as other residential areas throughout the City are provided such service. He further stated that the open area near the north extension of Quail Avenue North and the open area near Brooklyn Boulevard, northerly of Wingard Lane, would be developed so as to permit access by emergency vehicles in the event the primary entrance to the com- plex was blocked. Chairman Jensen then called for comments from the staff relative to the application. The Director of Public Works noted that the sloping in the common areas, as indicated on the proposed plan, was too steep to be of a usable nature due to the plans comprehending surface drainage rather than an installed storm sewer. system. He stated that the applicant was working on a revised grading plan which would utilize a storm sewer system and alleviate the need of the steep slopes. He also stated that there was discontinuity of screening in some of the areas on the southerly portion of the project where buildings abut the property lines. Mr. Olson responded that the buildings themselves would serve as screening between the open areas of the project and the property to the south. The Director of Public Works suggested that the open area between Block 16 and Brooklyn Boulevard, as indicated on the site plans, should be mounded so as to provide a screen and sound buffer from the highway. He further stated that written documentation should be presented which authorized the future access to Brooklyn Boulevard to the property west of the proposed project via an extension of Wingard Lane. He stated that this was necessary in that the internal roadways of the complex were privately owned. He stated that, while ideal access to the project from Brooklyn Boulevard would comprehend an entrance opposite the present roadway opening of Wingard Lane, this was not possible at this time because the applicant has not been able to get an agreement for purchase or easement from the owner of the excepted property westerly of Wingard Lane. He recommended that the Commission recommend approval of the master plan submitted by the applicant which comprehended the development of this exception area, so that parcel could be developed with continuty to the proposed complex and thus provision could be made for the most desirable roadway access location at Brooklyn Boulevard. Relative to the applicant's proposal for street lighting, the Director of Public Works responded that this project difftrs from normal City residential lighting service situation in that it iA' "a condominium-type development, with all internal roadways being 1 1 1 -5- privately owned and maintained. He stated that it was the staff's determination that the developer is responsible for his own lighting as he is for the maintenance of the internal roadways themselves. He also suggested that the spacing of the street lights be shifted to provide for better over-all wide cover, especially in the curved street areas. The Director of Public Works stated that the applicant's pro- vision for emergency vehicle access at the north extension of Quail Avenue North and at the northeast corner of the development had been reviewed and approved by the staff. He stated that those locations would be developed as open areas and would serve as accesses for emergency vehicles only. He noted that the open area indicated on the site plan behind and northerly of Blocks 14, 15 and 16, was not owned by the developer but rather was the easement along County Ditch 13. He also commented that the developer was attempting to purchase the triangular strip of land lying between the County Ditch and the existing north property line of the townhouse complex. Commissioner Grosshans inquired whether a lawn sprinkler system would be provided. Mr. Olson responded that it would':, as would a uniform maintenance system for the entire project. In response to a question by Chairman Jensen relative to the development of the open areas, other than basic landscaping by the residents, Mr. Olson stated the applicant had not had much experience with this concept to date, but a current project under development in Shoreview was utilizing a similar plan. Chairman Jensen commented relative to the screening indicated on the plans, and stated that he was concerned that lights from automobiles would shine into neighboring homes. He then recognized Mr. Dale Magnuson, 4830 - 71st Avenue North, and Mr. ,Bob Kneefe, 4836 - 71st Avenue North, who stated that the screening was their primary concern as well. Mr. Olson responded that adequate berming and the buildings themselves would provide sufficient screening to prevent automobile lights from shining into neighboring homes. Further discussion ensued relative to the applicant's plan, and Commissioner Scott noted, relative to the signery indicated, that a variance would be required to permit two signs in that there is only one major entrance to the complex. Mr. Olson responded that the applicant felt the dual sign arrangement at the main entrance was a tasteful and integral part of the development and that a variance would be requested should the proposed signery not be approved with the site plan. Motion by Commissioner Scott, seconded by Commissioner Foreman, to recommend approval of Planning Commission Application No. 72010 submitted by the Dietrich Company, noting the recommendation pertains to the development according to the master plan, which comprehends the possible future development of the now excepted property as indicated on the attached portion of the submitted site and building plans; and noting further, that the recommendation for approval is subject to the following conditions: 1. The detailed plans for utilities, site grading and drainage shall be approved by the City Engineer prior to the issuance of any building permits; . . ._, �. e ,� ,, ,; .__. y -6- 2. The final building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. The plans are approved exclusive of any signery; 4. The written provision shall be made to the City for sidewalk easement on Brooklyn Boulevard across . the properties presently owned by Rosenow and Gromfield; 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 site improvements as designated on the plans submitted. Voting in favor were: Chairman Jensen, Commissioners Grosshans, Scott and Foreman. Not voting: Commissioner Gross. The motion carried. Commissioner Grosshans left the table at 10:05 P.M. The Commission meeting recessed at 10:05 P.M. and resumed at 10:25 P.M. The next item of business was consideration of Planning Commission Application No.. 72003 submitted by Bud Schlee requesting a subdivision variance. The Secretary introduced the item stating that a public hearing for this application was held on February 3, 1972, and that the Commission had tabled the application for further study. The Secretary further noted that the applicant's stated grounds for granting of a variance, namely, that it was more convenient and simpler than a formal plat or registered land survey, do not satisfy the conditions for granting of a subdivision variance as set forth in Section 15-112 of the Platting Ordinance. He further noted that the City Council has required registered land surveys or recorded plats for similar land subdivision during the past four years, as in the cases of Application No. 68063 (Mrs. Mildred Grosser) and Application No. 71070 (Mrs. Pearl Lynch) . The Chief Building Inspector commented that the applicant had informed his office he intended to obtain the subdivision via recorded plat. Following a brief discussion, there was a motion by Commissioner Gross and seconded by Commissioner Scott to recommend denial of Planning Commission Application No. 72003 submitted by Bud Schlee. Voting in favor were: Chairman Jensen, Commissioners Gross, Scott and Foreman. The motion passed unanimously. Commissioner Grosshans returned to the meeting at 10:30 P.M. A discussion ensued relative to platting for townhouse develop- ments. The Secretary stated that the present subdivision ordinance does not specifically comprehend platting such as that needed for townhouse development, and that the staff was in the process of reseaching the matter, He stated the importance of being fully pre- pared to adequately handle the increasing number of townhouse projects. Commissioner Gross stated that several communities have townhouse platting and planned unit development ordinances. He stated he could readily secure copies of such ordinances and would submit them to the staff for research. 1 1 1 -7- Motion by Commissioner.Grosshans, seconded by Commissioner Foreman to adjourn the meeting. The motion carried unanimously. The Planning Commission meeting adjourned at 11:10 P.M. Chairma 1 1 1