HomeMy WebLinkAbout1972 11-28 PCM Minutes of the proceedings of the
Planning Commission of the City
of Brooklyn Center in the County
of aenrepin and State of Minnesota
November 28, 1972
The planning Commission met in special sessiuix and was called to
order at 8:10 P.M. by Chairman Robert Jensen..
Roll Call: Chairman Jensen, Commissioners Grosshans, Bogucki,
Foreman, Gross and Engdahl.
Motion by Commissioner Engdahl seconded by Commissioner Grosshans
to approve the minutes of the November 16, 1972 meeting as submitted.
Voting in favor were Commissioners Jensen, Bogucki, Grosshans and
Engdahl. Not voting were Commissioners Gross and Foreman who ex-
plained they were not present at the November 16th meeting.
The main item of business was continued consideration of
Planning Commission Application No. 72045 and 72078 submitted by Fox
Run, Inc. He explained that both applications had been tabled at
the November 2, 1972 meeting to permit the applicant the opportunity
to develop and submit further required data. The Secretary then
read from the minutes of the November 2, 1972 meeting.
He noted that of primary concern to the Commission at that time
was the status of the Home Owner Association for the project. He
stated that there had been strong reservations regarding the multiple
association concept originally proposed by the applicant. He stated
that the developer had since submitted a letter which had been
placed in the file to the effect that the Home Owner Association; eon
cept had been amended to provide for two associations, one for the
townhouse owners ane. one for the condomini_rm apartment owners.
Commissioner Bogucki stated that there should be one Home
Owner Association responsible for the management and maintenance of
the common areas and facilities for the entire development. He
stated this was particularly important in terms of the long term up-
keep of this site including utilities and in terms of possible sub-
sequent relations with the City.
Chairman Jensen recognized Mr. Jim Wylie and Mr. Milt Bruflodt
who represented the developer. An extensive discussion ensued re-
garding the Home Owners Association and it was noted that the
developer, Mr. Richard Walsh had referred the matter to the attorneys
for the development company.
Regarding Application No. 72078 requesting a Special Use
Permit for a planned residential development in the R-3 District,
Commissioner Grosshans inquired whether the permit was for the entire
project or for a single phase, noting that site and building plan
approval was sought for phase One only.
The Secretary responded that the applicant was seeking per-
mission to pursue a planned residential development and that the
ordinance provisions recognized the possibility of phased construc-
tion. He stated the interpretation of that ordinance provision was
that subsequent phases would be subject to review and approval in
that they represented amendments to an existing special use. He
noted the procedure would coincide with subsequent required site and
building plan approval for the additional phases. The Director of
Public Works responded to a question by Commissioner Grosshans that
in this case the development was of such magnitude that the phases
could be so designed so that each phase would qualify under the
provisions of the planned Residential Development ordinance.
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Extensive discussion ensued regarding the initial site plans
which had indicated a roadway running from 73rd Avenue North to 69th
Avenue North along the west boundary of the property. It was noted
that revised site plans indicated an alteration of the access from
73rd Avenue and that a roadway running the length of the project had
been eliminated. It was noted also that the revised plans indicated
a meandering roadway which would interconnect with each of the sub-
sequent phases.
In further discussion with the representatives of the applicant,
it was the consensus that the roadway should be completed from its
termination in Phase One through the project to 69th Avenue Forth
concurrently with the construction of Phase Two.
The meeting recessed at 9:15 P.M. and resumed at 9:45 P.M.
The Secretary and Director of Public U?orks proceeded to review
the site plans noting that with the exception of a certified boundary
survey for the entire project, the preliminary master plan and site
and building plans were complete. Particular attention was given to
intended screening in the area abutting the R-1 properties at the
southerly portion of the project.
The Director of Public Works commented that given the proposed
design of the open water-way in that vicinity it would be extremely
difficult to realize effective screening via berming. He noted also
there had been some concern at the public hearing regarding the
safety of the small children in the neighborhood. In further dis-
cussion it was noted that the treatment of that area would be part
of subsequent phasing and it was the consensus of the Commission
that at this time it appeared appropriate sereex,ing could be pro-
vided through landscaping and planting rather than with fencing.
Discussion also ensued regarding the parking facilities for the
condominium apartment buildings. The Director of Public Works
suggested that concrete delineators be required atop the proposed
parking ramps and the representatives of the applicant stated this
would be indicated on revised plans.
Relative to landscaping it was noted by Mr. Bruflodt that twerty-
cne six-inch trees would be planted in Phase Cne and he commented
that the landscaping schedule listed three types of three-to-six-inch
trees and that the proposed twenty-one six-inch trees would be
selected from those varieties.
The Director of Public Works commented that the exterior
lighting for the project should conform with ordinance requirements
for residential lighting. A brief discussion ensued regarding the
type and design of the proposed lighting.
Following a review of the site and building plans for Phase One,
further discussion ensued regarding the proposed Home Owners
Association. It was the consensus of the Commissionand the applicant'
representatives that a unified association would be possible and
desirable. In response to a comment by Chairman Jensen that it
seemed the Home Owner Association documentation was more closely
related to the platting of the project, the Director of Public Works
stated that in light of prior experience of other condominium pro-
jects, it was important to initiate consideration of the Home Owners
Association structure and requirements as soon as possible.
Further discussion ensued relative to the design and maintenance
of the proposed open water-way through the project. The Director of
public Works and Mr. Wylie briefly reviewed the drainage in the area
and the ramifications of possible future developments regarding
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:drainage anf water flow for the entire area, including the Shingle
Creek watershed.
Ro-grrding the building design, Mr. Bruflodt indicated that
while provision was made for individual air conditioning of the
condominium apartments utilizing wall units, an option probably
would be available for centralized air conditioning and the condense
units for the system would be placed on the top of the building.
It was noted that screening of such units would be required.
The Director of Public Works amplified his previous discussion
of the proposed main roadway for the project and he noted that the
City of Brooklyn Park bad indicated an interest in the possibility
of providing a through road along the western boundary. An
extensive discussion ensued relative to the impact of the develop-
ment upon traffic in the area as well as the possible benefit
which would be realized by having a thoroughfare in that vicinity.
It was the consensus of the Commission that such a throughway
was not necessary from a traffic and convenience perspective in that
sufficient major arterials were available for residents of the area,
and due to the stipulation that the proposed roadway for the Fox Run
project would be completed with the second phase.
Motion by Commissioner Foreman seconded by Commissioner Gross
to recommend approval of Planning Commission Application No. 72078
submitted by Fox Run, Inc. noting that approval is for a Special Use
permit for phase One of the proposed project, with subsequent phases
being subject to review and approval as amendments to the permit.
The motaon pureed tinani.mously.
Motion by Commissioner v�t>sslxans, seconded by ccn—i-nnioner
Bogucki to recommend approval of Plartr,f r.3 2\pP1 ication
No. 72045 submitted by Fox Run. Inc_ subject to the following
conditions:
1. Drainage, grading and utility plans are subject to
approval by the City Engineer prior to the issuance of
building permits;
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 performance bond (in an
amount to be determined by the City Manager) shall be
submitted to the City to guarantee the installation
of the site improvements as shown on all plans approved
by the City;
4. All required easements shall be documented and filed
with the City prior to the issuance of building permits;
5. A certified survey of the entire site, with delineation
of the area including Phase One, shall be submitted
prior to the issuance of building permits;
G. Subsequent phases shall be subject to review and
approval by the Planning Commission and the City Council;
7. A hydraulic plan of the site shall be submitted and
approved by the City Engineer prior to the commencement
of subsequent phases;
8. All internal roadways shall be twenty-six feet wide
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and shall be constructed utilizing B-612 type curbing;
9. All roadways, utilities, and street lighting shall
conform to City standards set forth for public facilities;
10. 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 Home Owners Association;
11. Home Owners Association agreements and bylaws shall be
submitted to the City; shall be subject to review 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 revitaliza-
tion necessary, with the cost of such expenses
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;
12. In accordance with the approved landscape plan, the
appropriate number of six-inch diameter trees shall be
installed in Phase One as stipiilaLed by City ordi.naiz•-,2,
relative to the number of units constructed in that
phase;
13. The waterway indicated on the approved plans shall be
appropriately designed and maintained as an amenity to
the site, with water free-flowing at all times as
climatic conditions permit;
14_ Approval is subject to all provisions and conditions
of the special use permit for Planned Residential
Developments in the R-3 District;
15. All roof top mechanical equipment shall be appropriately
screened;
16. Concrete delineators as approved by the City Engineer
shall be installed on the upper level parking ramps of
the condominium apartment buildings.
The motion passed unanimously.
in other business a brief discussion ensued relative to an
analysis and re-evaluation by the Commission of the Home Occupation
and Special Home Occupation provisions of the zoning ordinance.
The Secretary noted that the Council had directed the Commission to
undertake such a study and further had asked the Commission to
evaluate the non-conforming use provisions of the ordinance in light
of the Commission and Council deliberations relative to Planning
Commission Application 72060. Further discussion was deferred until
a future study session.
Regarding meeting dates for the month of December, it was the
consensus of the Commission that, in addition to the regular
meeting scheduled for December 7th, a special study meeting shall
be held on December 14th.
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Motion by Commissioner Gross seconded by Commissioner Engdahl
to adjourn the meeting. The motion passed unanimously. The
Planning Commission adjourned at 11:30 P.M.
Cha i
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