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HomeMy WebLinkAbout1972 06-01 PCM Minutes of the Proceedings of the Planning Com-mission lion of the City of Brooklyn Center in the County of Hennepin and State of Minnesota June 1, 1972 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 0:05 P.M. Roll Calls Chairman Jensen, Commissioners Bogucki, Grosshans, Foreman, Scott, Gross and Engdahl. Also presents Administrative Assistant Blair Tremere. Following the Chairman's explanation, the first item of business was Planning Commission Application No. 72041 submitted by Ralph Thomas for R. W. Steiner. The item was introduced by the Secretary who stated the application was for preliminary plat approval for the 8 acre parcel of land at 69th and Girard Avenues North. He noted the application was in conjunction with Planning Commission Appli- cation No. 72018 which was pending final Council action. Commissioner Foreman stated he would not participate in the deliberation of the application due to private interests which might conflict with the disposition of the application. Chairman Jensen recognized a representative of the applicant, Mr. Wyman Smith, who commented relative to the overall development of the parcel. Following a brief discussion, there was a motion by Commissioner Bogucki, seconded by Commissioner Scott, to recommend approval of Planning Commission Application No. 72041, submitted by Ralph Thomas for R. W. Steiner, subject to the provisions of the Platting Ordinance. Voting in favor were: Chairman Jensen, Commissioners Bogucki, Grosshans, Scott, Gross and Engdahl. Not voting: Commissioner Foreman. The motion passed. The next item of business was consideration of Planning Commission Application No. 72020 submitted by Swanson domes. The item was introduced by the Secretary who stated the applicant was requesting a zoning change from R1 to R4 for the west 150 feet of the proposed townhouse property. He stated the easterly 150 feet of the subject property was rezoned from Bl to R4 at the time the Comprehensive Plan was adopted. He further noted that the application was tabled on April 6, 1972, and referred to the Northeast Advisory Group for their consideration. Chairman Jensen then entered into the file a letter dated May 18, 1972, submitted by Mr. William Hannay, Chairman of the Northeast Neighborhood Advisory Group. The letter stated the group would favor the proposed rezoning and expressed their concern that the development be of good construction and ::hat the design fit into the neighborhood aestbeticall.y. Chairman Jensen then recognized Mr. Harold Swanson, representing the applicant, and noted that none of the notified property owners was prevent. An extensive discussion then ensued relative to the proposed rezoning as we.'11 as ti-,e e:aisti g zoning in the area. The Secretary noted the applicant proposes to construct townhouses at- the R3 density on his two parcels, the easterly portion of which were zoned R4. fie stated the land south and north of the subject property was similarly zoned :,ut teas not owned or une�c-r development by the applicant at this tine. 1 1 1 ' The Secretary explained rezoning the westerly portion of the applicant's property to R4 would tend to envelop the R1 parcels to the north and south, and that such partial rezoning of the area com- prehended as R1 in nature was not recommended. The Secretary further noted the staff opinion that any rezoning consideration should compre- hend the land use of the entire area and not individual parcels. Chairman Jensen then recalled the history of rezoning efforts in the area and noted that when rezoning hearings were held for the large Thomas Construction Addition to the south and the west, many of the R1 property owners near the present applicant's property were opposed to rezoning to R4. Chairman Jensen further stated his concern regarding possible future upgrading of Trunk Highway 169. Commissioner Bogucki stated that in that context, he could not perceive the proposed type of residential development along Lyndale Avenue. He stated that while recognizing the rights of the property owner to develop his land, the grave rawlifications of high- way upgrading should be given prime consideration. He noted that the Comprehensive Plan spoke to the issue of requesting the highway department to present long range plans for the possible upgrading of Highway 169, and that if such plans have been made, they had not been presented to the Commission. Further discussion ensued relative to Chairman Jensen's comment that while the bulk of the land in the area was zoned R4, owners of the R1 parcels had not been amenable to such rezoning in the past. Commissioner Bogucki stated that unless the entire remaining land was rezoned R4, the applicant's proposal was, in effect, "spot zoning" . Iie noted the applicant was in the process of developing the comparable R4 lar_J across Lyndale Avenue and inquired why the R4 property on the west side could not be similarly redeveloped. The applicant responded that he had been unable to acquire all of the R4 parcels in the zone bordering Lyndale Avenue. Commissioner Foreman stated that he had discussed the applicant's proposal with a number of the neighboring land owners, including those of the R1 parcels, and they had stated no objections to tha rezoning. Commissioner Gross stated that he was concerned with the possible upgrading of Lyndale Avenue and stated his concern over the residentia_ development of the entire neighborhood. He stated that to realize quality development, all the parcels should be zoned R4 or all zoned R1, thus avoiding spot zoning and sporadic development. Following further discussion there-was a motion by Commissioner Bogucki to recommend denial of Planning Commission Application No. 72020, noting the incompatibility of the rezoning request, given the type of structure proposed for the subject parcel; the affe-at on the surrounding Rr properties; the incompatibility iiith the Comprehensive Plan's :intent to promote the construction of single family detached dwellings in the area; and the critical ramifications of possible upgrading of Highway 169. The motion failed for lack of a second. Further discussion ensued relative to the development of the ant-ire neighborhood and t1he need for com;.>arab?-, integrated land uses. It was the consensus of the Commission that the entire area was amenable Lo an R4 land use and that }1b2 Commission would not be opposed to proceedings seeking the rezoning of all the R1 parcels neighboring th . subject property. 1 Motion by Commissioner Gross, seconded by Commissioner Engdahl to recommend approval of Planning Commission Application No. 72020 submitted by Swanson Homes, subject to the following conditions: 1. That the staff will research and secure data currently available pertinent to the future upgrading of Highway 169, prior to the final disposition of the application; 2. That in addition to the subject property, at least the Rl parcels immediately to the north and to the south will also be similarly rezoned to F.4. Voting in favor were: Chairman Jensen, Commissioners Grosshans, Engdahl, Foreman, Gross and Scott. Voting against; Commissioner Bogucki. The motion passed. Chairman Jensen then directed the Secretary to request the Cite Council to initiate rezoning proceedings of the parcels described in the motion; noting that the majority of the Commission agreed with the proposed rezoning, subject to the concern with the ramifi- cations upon the two neighboring R1 parcels; and, further noting , that the Commission was not opposed to the rezoning of the parcels from Rl to R4. The next item of business was Planning Commission Application No. 72021 submitted by Swanson Homes which was introduced by the Secretary who stated the applicant was requesting approval of the preliminary plat of the proposed West River Villa Addition to Brooklyn Center. He stated that the proposed plat would provide for eleven townhouse condominimum lots. He further stated that the recommendation for this application would be contingent upon the action on Application No. 72020. The Secretary also co:nnented that the staff had reservations regarding the layout of the lots and that it appeared that the land dedicated for open space di'd not functionally or aesthetically serve the entire development as it might with other possible designs. He stated that consideration should be given the possible ramifi- cations upon the entire area, especially with regard to future uses of neighboring parcels. At the Chairman's request, the Secretary also introduced Planning Commission Application No. 72022 requesting site and building plan approval for an 11 unit townhouse development. He noted the applicant proposes to build the units at the R3 density and that the individual units would be sold. The Chairman then recognized the applicant and extensive discussion ensued relative to the site and building plans. Cor:u'nissioner Scott voiced her concern that substantial landscaping should be provided, given the resign and Fize of the backyards and the pa3"king provisions for the tenants as well as for guests. Commissioner Borucki noted the lack of basements and Commissioner Gross voiced his coiice n in that regard stating tb=•t there did not appear to be substantial storage space given the size of the units. He further com«ented that it die: not appear the area was large enough for the number and type of buildings proposed. The applicant responded that substantial research hDd been done before the application_ had been submitted an3 it was the appli- cant' s feeling that the lo-'% s were of adequate size as were the interior dimensions of the un _ts. -C. Chairman Jensen commented that since the two applications were subject to approval of tile rezoning application, they could be deferred until a later meeting, thus permitting the applicant the opportunity to further consult with the staff concerning the platting proposal and the site and building plans. Motion by Commissioner Bogucki, seconded by Commissioner Gross to table Planning Cowxaission Application No. 72021 submitted by Swanson Hordes pending Council disposition of Application No. 72020. Motion passed unanimously. Motion by Commissioner Bcgucki, seconded by Commissioner Scott to table Planning Commission Application No. 72022 submitted by Swanson Homes pending Council disposition of Planning Commission Application No. 72020. Motion passed unanimously. The Conmission meeting recessed at 9:50 P.M. and resumed at 10:05 P.M. The next item of business was Application No. 72040 submitted by Mr. Don Cheeley, 1506 Woodbine Lane, requesting a two foot side yard setback for the construction of a garage on his property. The Secretary introduced the item and explained the applicant had contracted for the erection of a garage which comprehended the normal three foot minimum setback from the property line and that t4"e applicant had then been informed that there was a five foot utility easement on to his property. Thus, he was seeking the means to encroach two feet upon that easement. The Secretary further commented that to encroach upon the easement, a formal vacating action by the court would be needed and that the City could not authorize er,.croachment upon a formal utility ease-ment via variance procedure. He stated the applicant had been informed of this, but had insisted on a Commission hearing of the matter rather Vhan withdrawing the application. Chairman Jensen then recognized Mr. Cheeley and a brief discussion ensued relative to the status of the utility easement whereupon the applicant withdrew Planning Commission Application No. 72040. Following further discussion, there was a motion by Commissioner Dogucki, seconded by Commissioner Foreman to recommend a refund of the $10.00 filing fee to Mr. Don Cheeley in that Planning Commission Application No. 72040 was not technically correct. Motion passed unanimously. The next item of business was Planning Commission Application No. 72:024 submitted by B.C.I .P. , Inc. The Secretary introduced the item explaining the applicant was requesting rezoning frog. T-1 to C-2 for a parcel a"- 6040 !-;a.--le Brown Drive to provide for the- construction of a four story office building with a restaurant on the main floor. The Secretary further commmented that the area including the parcel to be rezoned should be re--platted since su3:)stantial improve- taent.s have been and will be made, irc�;.9ac:irig utility and roadway installation. lie also noted the shifting oY the zone and property 1_ines necessitated the updated plan. 1 1 1 -5- Chairman Jensen then recognized Mr. Steven Krogness, a repre- sentative of the applicant, and noted that none of the notified property owners other than the applicant were present. A brief discussion ensued and Mr. Krogness stated the applicant was in the process of preparing a re-plat of the area. Motion by Commissioner Grosshars, seconded by Commissioner Scott, to recommend approval of Planning Commission Application No. 72024 submitted by B.C.I.P., Inc. subject to the condition that the subject property shall be platted into a single parcel as required by the Platting Ordinance. The motion passed unanimously. The Secretary introduced the next item, Planning Commission Application No. 72025, submitted by B.C.I.P. , Inc. He explained the applicant is requesting site and building plan approval for a four story office building, with a restaurant located on the first floor. Chairman Jensen recognized representatives of the applicant, and the Secretary noted that the staff had been in consultation with the applicant regarding several aspects of the submitted plans. He stated relative to curbing that the staff recommendation was speci- fically for B612 type curbing which would substantially enhance the drainage capability of the site. He noted also that the City Engineer had been concerned with the provision for adequate passenger loading and unloading at the front of the restaurant. The Secretary further commented that the applicant had submitted a typical door plan including the provision for the internal fire sprinkler system and he noted that a revised landscape plan had been submitted. Relative to the exterior finish of the proposed structure, Mr. Krogness noted that a bronln face brick would be utilized. He further noted the provisions on the plans for a trash disposal facility for the restaurant and the entire office building. Further discussion ensued relative to the design of the building with particular regard to the access for t- a restaurant from the building as well as from the parking areas. The Secretary noted that it appeared sufficient parking spaces were provided. Motion by Commissioner Scott, seconded by Commissioner Gross, to recommend approval of Planning Commission Application No. 72025 submitted by B.C.I.P. , Inc. , subject to the following conditions: 1. Drainage and utility plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2. All curbing will bo of the 8612 type and will be indicated on the final plans submitted; 3. Building Flans are subject to the approval of the Building Inspector with respect to applicable building codes 4. Appropriate trash disposal facili.tias will be provided as well as proper screening; 5. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the Citv_ to guarantee site i.irprovaments as designated can the approved plans. 1 1 1 -6• The motion passed unanimously. Commissioner Engdahl left the table at 10:35 P.M. The Secretary introduced the next item of business, Planning Commission Application No. 72039, submitted by Carl Lepinski. He explained the applicant is requesting 4)proval of site modifications which would increase the parking spaces at the P.B.C. Clinic, 6120 Brooklyn Boulevard, from 60 to approximately 102. He noted a new curb cut would be installed on Beard Avenue replacing the existing entrance. He stated the applicant had indicated that the parking area from Brooklyn Boulevard easterly to the existing lot line would be upgraded next year. Chairman Jensen recognized the applicant and an extensive discussion ensued concerning the screening and fencing around the perimeter of the parking areas. Relative to the boulevard area on Beard Averse, it was the con- sensus of the Commission that a four foot berm should be utilized with trees on the easterly side of the berm and the indicated shrubbery and grass on the westerly side. The applicant agreed that this would be more aesthetically pleasing type of screening. It was also the consensus of the Commission that a five foot redwood fence along the southerly property line, extended easterly from the existing fencing, should also be required. Relative to the curbing indicated on the s,xbmit-.ted plans, the Secretary noted that staff recommendation was for the B612 type of curbing which includes conc-rete gutter. Motion by Commissioner Foreman, seconded by Commissioner Scott, to recommend approval of Planning Commission Application No. 72039 submitted by Carl Lepinski subject to the condition that a performance agreement and perfoL-mance 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 approved plans. The motion passed unanimously. A discussion then ensued relative to future Planning Commission items and the Chairman directed the Secretary to solicit from the other advisory Commissions comments anJ recommendations relative to the Comprehensive Plan. Motion by Commissioner Bogucki, seconded by Commissioner Scott, to adjourn the meeting. The motion passed unanimously. The Planning Commission adjourned at 11:40 P.M. •f� Cha irm�h 1 1 1