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HomeMy WebLinkAbout1974 10-03 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING CITY HALL OCTOBER 3, 1974 Call to Order: The Planning Commission met in regular session and was called to order at 8 ;10 p.m. by Chairman pro tern Robert Grosshans . Roll Call: Chairman Pro tem Grosshans, Commissioners Engdahl, Scott, and Pierce. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Application No. 74042 Following the Chairman's explanation the first (Robert Barr) item of business was consideration of Planning Commission Application No. 74042 submitted by Consulting Engineers Diversified, Inc. for Mr. Robert Barr. The item was introduced by the Secretary who explained the item consisted of a preliminary plat for the northeast quadrant Of Lakeside Avenue and Twin Lake Avenue. He stated the official hearing had been scheduled for the September 5, 1974 meeting but that neither the applicant nor a representative was able to be there and thus the matter had been deferred. He stated approval was sought for a new plat consisting of three lots on the approximate 1.13 acre parcel which is zoned R-2. He stated each proposed lot was in excess of the minimum land area requirements for a two family dwelling. The Secretary reviewed the proposed plat and noted the recommended 40 ft. x 60 ft. area in the northeast corner of the parcel as a turn- around area for the 30 foot wide alley-way which joined the property from the north. He also noted the recommended proposed 17 foot street right of way dedication on the southerly portion of the property. Chairman Pro tem Grosshans recognized Mr. Harold Olson, who represented the applicant, and who noted the applicant 's concern about the re - quired roadway dedication along Lakeside Avenue North. He stated that his research indicated the original roadway land had been taken from this parcel many years ago and questioned the need for further taking as well as the equity in taking it from this property. The Director of Public Works commented that the 17 foot dedication was recommended in that it -1- 10/3/74 was aligned with dedication of a similar right of way from the Dover' s Lakeview Addition to the east. He explained that the right of way was for purposes of possible future widening of the street, should traffic in the area warrant such an upgrading. He also commented that the original taking for the present narrow street was many years ago and noted that the Dover dedication had been acquired since that time; thus, establishing the de- sign and orientation of a possible future widening. Relative to the proposed turn-around dedica- tion in the northeast corner of the site, Mr. Olson commented as to the current use of the alley near this property stating that it largely was planted and used by the neighbor- ing residents as a recreational area. He stated his client would prefer to provide the City with an easement document to the effect that the land would be available for needed alley maintenance purposes but would not formally dedicate the piece sro that it could be uses until it was deemed necessary. The Director of Public Works noted that re- view of the proposed plat indicated that the actual dimension of the corner lot was approx- imately 86. 5 feet, which was less than the required minimum of 90 feet for corner lots . He stated it would be necessary to adjust the north line of the proposed corner lot to gain the necessary distance and area. With respect to that corner lot, the Secretary noted that there were three existing structures, consisting of a primary structure (currently used as a single family dwelling) and two a'ssessory structures to the north. He noted that the dwelling was within the proposed right of way area and recommended that its removal or demolition be specified as a condition of the approval. Commissioners Gross, Horan, and Foreman arrived at 8:20 p.m. A brief discussion ensued and Commissioner Gross inquired whether other alley-way designs were considered such as curving the existing alley-way to the west with a 15 foot dedication running out onto Twin Lake Avenue. The Director of Public Works stated that the pro- posed turn-around was adequate for City pur- poses and that it was not considered necessary to have an extended alley. He did note, however, that if the alley were to be extended straight, on to Lakeside Avenue across the easterly portion of the parcel, it would not be necessary to provide for the full 30 feet. -2- 10/3/74 In response to a comment by Commissioner Grosshans, Mr. Olson stated that the appli- cant had specifically requested that the existing structures be allowed to remain, until such time that the other two parcels were developed. The Director of Public Works recommended that a specific time be placed on the duration of the existing build- ings, and particularly the structure located in the right of way area. In further discussion Chairman Gross in- quired as to the status of the proposed turn-around area and whether a formaldedica- tion was necessary. The Director of Public Works responded that an easement would be adequate for that purpose, Commissioner Horan inquired as to a specific time in which the structures existing on the corner lot would be removed. The Secretary recommended that a period of one year from the date of filing of the final plat would be reasonable, and commented further that such a requirement was necessary to assure that the structure was removed and that the right of way be cleared and available for street pur- poses, notwithstanding development on the other lots. Action Recommending Motion by Commissioner Grosshans seconded by Approval of Application Commissioner Engdahl to recommend approval of No. 74042 Planning Commission Application No. 74042 sub- (Robert Barr) mitted by Consulting Engineers for Mr. Robert Barr subject to the following conditions: 1. The dedication of 17 feet along Lakeside Avenue for street purposes shall be indicated on the final plat. 2 . An easement as approved by the City Engineer and City Attorney shall be provided for a 40 ft. x 60 ft. area in the northeasterly corner of the parcel for alley-way purposes. 3 . The existing structures in the south- west corner of the parcel shall be removed within one year from date of filing of the final plat. 4. Final plat is subject to review by the City Engineer. 5. Final plat is subject to the require- ments of Chapter 15 of the City Ordinances. 6. The dimensions of the proposed parcels, particularly the southwest corner, shall be brought into conformance with -3- 10/3/74 applicable ordinance minimum design requirements. Voting in favor were: Chairman Gross, Commissioners Engdahl, Grosshans, Scott, Pierce and Horan. Not voting: Commissioner Foreman who explained that he had not participated in most of the hearing. The motion passed. The next item of business was consideration Application No. 7404 of Planning Commission Application No. 74046 (B.C.D.C.) submitted by Brooklyn Center Development Corporation. The item was introduced by the Secretary who explained the applicant seeks preliminary approval for a Registered Land Survey' of Outlots A and B, Twin Cities Interchange Park, located south of 69th Avenue North, north of 67th Avenue North, and along vacated James Avenue North. He explained that the Earle Brown Farm Apart- ments are located in the northerly portion Of Outlot B, and that the site of the recently approved Speculative Industrial Building is in the southerly portion of Outlot A. He stated the registered land survey would contain four tracts: Tract A being that area zoned R-5; Tracts B and C being zoned I-1; and Tract D being the proposed right of way for the cul-de-sac termination of 67th Avenue North. Chairman Gross recognized Mr. Phil Johnson who represented the applicant and the Director of Public Works recommended that an easement be provided for pedestrian walk- way purposes across Tract A along the wester- ly line of said tract. He stated the easement should be 10 feet wide and would provide pedestrian access from 69th Avenue North and ultimately across to Shingle Creek Parkway. He stated the easement would be provided for future installation of walkway and that,con sistent with past approvals of such easements, it would not affect the greenstrip requirements for the apartment complex or the neighboring industrial sites. Chairman Gross commented as to the proposed upgrading and expansion of 69th Avenue by the County Highway Department, and noted that consistent with the R.L.S . approvals for the properties to the west, approximate 14 foot easements should be provided along 69th Avenue (Tract A) for that purpose. The Director of Public Works commented as to the current status of the County Highway De- partment plans and affirmed Chairman Gross ' remarks about the desirability of securing a easement for right of way purposes. -4- 10/3/74 The Director of Public Works also commented that he would be giving further review to the precise design of the proposed cul-de-sac and could consult with the applicant as to the final dimensions of that tract. Action Recommending Approval Following further discussion there was a of Application, No. 74046 motion by Commissioner Scott seconded by (B.C.D.C.) Commissioner Foreman to recommend approval of Planning Commission Application No. 74046 submitted by B.C.D.C. subject to the follow- ing conditions : 1. The final R.L.S . is subject to review by the City Engineer. 2. Final R.L.S . is subject to requirements of Chapter 15 of the City Ordinances . 3. A 10 foot wide easement shall be pro- vided along the west line of Tract A for pedestrian walkway purposes. 4. An easement for roadway purposes of approximately 14 feet shall be pro- vided along the north line of Tract A. The motion passed unanimously. Application No. 68057 The next item of business was consideration (Amendment) of an amendment to Planning Commission (Assemblies of God Church) Application No. 68057 submitted by Assemblies of God Church, 6018 Xerxes Avenue North. The it-em was introduced by the Secretary who ex- plained the applicant seeks permission to con- struct an assessory structure east of the church and northerly of the parsonage (located northeasterly of the termination of Washburn Avenue North) . The structure would be a 26 x 40 garage with overhead doors and would be used primarily for parking and storing the church' s buses and other equipment. He stated that presently the vehicles and other materials were stored outside on an unpaved area. The Secretary also noted that there were several other concerns relative to the general site improvements as well as to the specific proposed structural addition. He stated that these concerns included: providing a paved driveway to the garage; striping the main park- ing lot in accordance with prior approved plans; the widening and paving of the . private drive extension of Washburn Avenue at the point where it turns into the main church parking lot on the north; providing a curb and/or barrier along the north property line at that point where an un- paved vehicle access has been developed by un- authorized vehicular traffic through the area; and removal of debris accumulations on the site. The Secretary explained that with respect to -5- 10/3/74 the parking lot paving, a substantial amount of land had been indicated as unpaved and re= tained for future parking purposes: conse- quently the easterly edge of the private drive extending from Washburn Avenue North had not been curbed. He explained that the paving there was relatively uneven and that the main church parking lot had not been fully finished at the easterly end as indicated on the original approved plans. He stated this factor had contributed to the aggravation of unauthorized traffic between the church site and the King' s Academy site to the north. Chairman Gross recognized Reverand Amos LeVang who represented the church and an extensive discussion ensued. Rev. LeVang confirmed that the church had had problems with young people driving through the area and had con- sulted with the City Police Department on several occasions as to the best means to seal off such activity. The Secretary recommended that the in-place curbing of the north park- ing lot be extended to the east, in addition to the completion of the paving; and further recommended that a fence or barrier be pro- vided in that area where the drive through had been established. Relative to the accumulation of debris, the Secretary noted that numerous complaints had been received from neighboring property owners as to the concern for possible vermin harborage, since the area to the east was generally open space and adjacent to Shingle Creek. Chairman Gross noted that a public hearing had been scheduled and recognized the resident of 6101 Xerxes Avenue North who stated con- cern as to providing a substantial barrier between the King's Academy site and the applicant ' s site to effectively inhibit in- discriminate traffic. He also noted that the church ' s parking lot was often used for drag racing at night and he suggested that the church consider some type of traffic inhibitors in the parking lot. Chairman Gross also recognized the resident of 6007 Vincent Avenue North who presented a picture for the file of the accumulated debris near the site of the proposed garage. She stated that the neighbors realized the church had cleaned the area up substantially from its original condition, but noted their concern with the accumulation of the con- struction-like debris as possibly being harborage for vermin. Rev. LeVang responded that once the garage had been constructed the debris would be gone since much of it was in- tended for construction purposes and that the -6- 10/3/74 balance would either be removed or stored in th.e,- garage. Further discussion ensued as to the general upkeep pf the area and the need to control unauthorized traffic through the site. Particular concern was noted by the appli- cant .as .well as the Commission as to the best.,,.. means of effectuating a control devise at. , that-,point where there is currently drive thrflugh;between the King' s Academy site and ,the church site. Rev. LeVang stated that there was no objec. tion to. extending the curb a reasonable distance,_ commensurate with the completion of the paving as noted on the original plans but that a more effective device would also be desirable. He suggested that perhaps the church could work with the City staff as to determining which would be the most appro- priate device. Action Recommending Following further discussion there was a motion Approval of Application by Commi.s,sioner Foreman seconded by Commissioner No. 68057 flPmended) Horan ,ta_ recommend approval of the amendment to (Assemblies of God Church) Planning Commission Application No. 68057 sub- mitted by Assemblies of God Church subject to the following conditions : 1. A paved driveway from the garage to the existing roadway will be provided as in- dicated .on the plans 2. The main parking lot will be striped in accordance with prior approved plans . 3 . The private drive and easterly edge of the north parking lot will be upgraded and improved consistent with prior approved plans and subject to the approval of the City Engineer, recog- nizing that the unpaved land to the east is in reserve for future parking. 4. Consistent with the completion of the east end of the north parking lot, the curbing shall be extended easterly approximately 30 feet so to effectively close off the unpaved access between the church lot and King' s Academy: a fence or barrier shall also be provided in this area as approved by the City to further assure the inhibition of traffic be- tween the sites. 5. Accumulated construction debris cur- rently stored outside shall be totally removed within 30 days of the completion of the garage structure, unless sooner ordered by the City in consideration of health and safety regulations . -7- 10/3/74 6. A performance agreement and financial guarantee (in an amount to be de- termined by the City Manager) shall be submitted by the applicant to assure completion of approved im- provements prior to the issuance of permits . The motion passed unanimously. The meeting recessed at 9:45 p.m. and Recess resumed at 10:00 p.m. The next item of business was considera- Application No. 74047 tion of Planning Commission Application (David Brandvold) No. 74047 submitted by Mr. David Brandvold. The item was introduced by the Secretary who stated the applicant seeks permission to build a single family dwelling on a parcel described as the north 60 feet of Lot 1, Block 2, Grandview Manor Addit; on, more commonly described at the southwest corner of 64th and Fremont Avenues North. He stated that the parcel in question is 60 ft. x 133.4 ft. and thus the variance is for a 30 foot corner lot. width. He also explained an intensive research of City records, including assessment files, in- dicates that subsequent to the 1955 filing of the Grandview Manor Plat wherein Lot 1, Block 2 was indicated as 148 feet in width, a division was authorized by the Village Council on May 12, 1959, creating the subject parcel . He stated that assessments had been made against the parcel and that in effect it was recognized as a bona fide buildable property. Chairman Gross noted that a public hearing had been scheduled and he waived the reading of the names since none of the notified property owners was present. Chairman Gross recognized the applicant and a brief discussion ensued. Motion by Commissioner Foreman seconded by Commissioner Scott to close the public hearing. The motion passed unanimously. Motion by Commissioner Foreman seconded by Action Recommending Commissioner Horan to recommend approval of Approval of Applicati Planning Commission Application No. 74047 sub- No. 74047 mitted by Mr. David Brandvold noting that the (David Brandvold) variance is for permission to build, and no other variances are granted or implied; and further, noting the grounds for the variance that the subject corner is generally consistent with other corner lots in the area and that the creation of the parcel was acknowledged by the then Village Council, and was not the result of any action by the applicant. The motion passed unanimously. -8- 10/3/74 Application No. 74048 The next item of business was consideration of (Group Health Plan, Inc.) Planning Commission Application No. 74048 sub- mitted by Group Health plan, Inc. The item was introduced by the Secretary, who stated the applicant was seeking rezoning, from R-5 to C-1, of the westerly portion of that parcel bounded by 68th and 69th Avenues North, and by Lee and Noble Avenues North. He noted that the east- erly half of the parcel was currently zoned C-1. The Secretary also commented that the proposal was part of a package submitted by the applicant which consisted of two other applica- tions, contingent upon the rezoning, namely a preliminary plat and site and building plans. The Secretary briefly described the zoning and development of parcels in the area noting the abutment of R-1 properties to the west. He stated it was the intent of the applicant to combine the subject parcel with the existing C-1 parcel, resulting in a site for a proposed medical clinic. Chairman Gross recognized Mr. Rod Henslin the architect for the project and Mr. Arvid Schwartz who represented the applicant. Chairman Gross also noted that members of the Northwest Neighborhood Advisory Group were present and a brief discussion, ensued, He determined it was the consensus to consider the entire package although he noted the rezoning would be considered on its own merits and would not be subject to specific sit,-, and building plan considerations. Mr. Henslin presented a detailed overview of the project and described the design of the building. He noted that the building would be located in such a manner that ingress and egress to the site would be from Lee Avenue North and that there would be no access onto Noble or 69th Avenue North except for a service entrance from Noble, near 69th Avenue. Mr. Schwartz briefly described the nature of a health maintenance organization such as the Group Health Plan and noted that it consisted of physicians who are hired by the applicant to provide family medical care services . He stated the primary difference between the Group Health Plan and traditional, forms of medical care was one of having a membership, usually through an established employee based or other group, rather than individual physicans having their own clientele. Mr. Schwartz also noted that while a broad array of comprehensive medical care would be available at the facility, it was generally an out-patient care clinic and that centralized record storage facilities would be located elsewhere in an administrative facility and would be delivered -9- 10/3/74 to this particular clinic. He concluded that, in general, the clinic was intended to serve members of the Group Health Plan who lived in the northwest suburban area. Chairman Gross noted that a public hearing had been scheduled and recognized the resident of 4500 69th Avenue North, who stated concern with traffic flow on 69th and inquired as to County plans for upgrading and possibly widening that roadway. He also recognized the resident of 6907 bee who in- quired as to the nature of the Group Health Plan Clinic and the availability of the facilities to persons in the neighborhood. Mr. Schwartz responded that the clinic would be at the disposal of those persons in the area who chose to become members of the Group Health Plan. He stated that it would not be available generally to the public except per- haps on isolated emergency cases . He ex- plained patient visits would be by appoint- ment only. Further review of the proposed rezoning en- sued and Mr. Terzich, a member of the North- west Advisory Group, inquired as to whether the clinic was required to obtain a State Certificate of Need. The response was negative and he also inquired as to whether the mechanical equipment located outside the building or on the roof was particularly noisy. Mr. Henslin stated that it would not be and briefly described the design of such equipment. A discussion ensued relative to traffic generation in the area, and the Director of Public Works commented on the planned up- grading of 69th Avenue North by the County. He also responded to questions regarding possible additional traffic controls in the area. The Secretary stated that, based upon traffic generation estimates, the clinic would generate approximately 50 per cent of the trips which a clinic, for example, on the C-1 parcel and apartments on the R-5 parcel would be ex- pected to produce. He noted also that an apartment complex on the west portion would require access onto Noble and/or 69th Avenues North; whereas, an integrated, single use such as the proposed project could be oriented onto Lee Avenue, facing the U.S .Postal facility. Mr. Schwartz added that the typical hours of operation were 8030 a.m. to 5030 p.m. and Saturday mornings . In response to a question by Chairman Gross, he stated there typically were no ambulance arrivals, since it was a clinic, not a hospital facility. -10- 10/3/74 Members of the Northwest Advisory Group then indicated an affirmative recommendation for the proposal and Chairman Gross requested that they submit a statement to that effect, ih writing, to the commission since the related applications were to be deferred until a sub- sequent meeting. Chairman Gross waived the reading of the rest of the names of the notified property owners in that none was present. Ilose Hearing Motion by Commissioner Foreman seconded by Commissioner Pierce to close the public hearing. The motion passed unanimcrj.sly. A brief discussion ensued -regarding the dis- position of the application and the Secretary recommended that the matter be placed on the agenda of the study meeting scheduled for October 17 , to permit the applicant the oppor- tunity to develop further necessary data re- garding the site plan and also to permit scheduling the application on the next City Council agenda subject to disposition by the Planning Commission. Commissioner Foreman stated his disagreement that the item should be placed on the study meetion agenda, noting that it represented a poor precedent and that the item should be placed on the next regular agenda. Further discussion ensued and t!-�.e Secretary commented that the applicant had been working with the staff on a regula.- basis regarding the preparation of the site and building plans and that, in consideration of the time of the year and the need to undertake certain efforts regarding the preparation of the site, it had 'been deemed appropriate to diefer the applica- tions from the initial review at this meeting to the study meeting. He noted that this had been done in the past, when preliminary plans were deferred until a study meeting when final data and advisory input were available. Mr. Henslin briefly described the required work that would be necessary and stated that if it could not be accomplished this fall, construction would have to be deferred until next spring. tion to Table until There was a motion by Commissioner Foreman xt Regular Meeting seconded by Commissioner Horan to table ailed) Planning Commission Application No. 74048 unL til the regularly scheduled meeting in November. Voting in favor: Commissioner Foreman, Com- missioner Horan. Voting against: Commissioners Engdahl, Grosshans, Scott, Pierce and Chairman Gross. The motion failed. -11- 10/3/74 Following further discussion there was a Action Deferring Final motion by Commissioner Scott seconded by' Disposition Until Commissioner Grosshans to table Planning Study Meeting Commission Application No. 74048 until the scheduled October study meeting to permit submission of the Northwest Neighborhood Advisory Group recommendation and pro- vided that complete site and building plans have been submitted and reviewed by staff, prior to that meeting. Voting in favor • erez Chairman Gross, Commissioners Grosshans, Engdahl, Scott, Pierce and Horan. Voting againstt Commissioner Foreman, citing as reason, the basis for his previous motion. The motion passed. The Secretary briefly reviewed the pre- Application No. 74049 liminary plat, application No. 74049, and (Group Health Plan, Inc.) the Director of Public Works commented as to the availability of utilities and the need for easements in the area. Following a brief discussion there was a Action Tent-atively motion by Commissioner Foreman seconded by Recommending Approval of Commissioner Scott to recommend approval of Application No. 74049 Planning Commission Application No. 74049 submitted by Group Health Plan, Inc. , sub- ject to the following conditionsg 1. Final plat is subject to review by the City Engineer. 2 . Final plat is subject to the re- quirements of Chapter 15 of the City ordinances. 3. Referral of the preliminary plat is subject to approval of Planning Commission Application No. 74048, proposing the rezoning of a portion of the subject property from R-5 to C-1. The motion passed unanimously, A brief discussion ensued relative to needed items for site and building plan review purposes , namely detailed landscaping plans, revised berming detail, and topo- graphical and engineering information. Mr. Henslin stated that the required in- formation was being developed and would be available for the subject meeting. Motion by Commissioner Grosshans seconded Action Tabling Considera-1 by Commissioner Pi#rce to table Planning tion of Application Commission Application No. 74050 submitted No. 74050 by Group Health Plan, Inc. until the (Group Health Plan, Inc.) scheduled October study meeting, to permit the applicant to submit required data and complete plans which will be reviewed by the staff prior to such meeting. The motion passed unanimously. -12- 10/3/74 Other Business : in other business the Secretary stated that, the Brooklyn Center Industrial Bark had sub- mitted another proposed signery scheme for the north side of the speculative buildings that face onto 69th Avenue North. He re- called that the Commission had recently re- viewed another scheme which the City Council had rejected because it was not consistent with their intent of the approvals of those buildings. A brief discussion ensued and it was the con- sensus of the Commission to defer further consideration until the study meeting. Other Business: In other bus�iness the Secretary commented as to an agenda item regarding land subdivision policies in the southeast neighborhood. He stated than the staff was currently working on a draft proposal relative to a possible establishment of a development district in the goutheast portion of the City, where a number of variances had been granted over the years relative to construction on substandard Int-s and to subdivisions resulting in substandard lots. He stated that the area was relatively unique compared to the rest of the City and that perhaps rather than granting variances, a program or district might be established to comprehend the construction of homes within definite guidelines and ordinance provisions that would acknowledge the parcel sizes which were less than those found in the balance of the City. He noted that the proposal would be drafted in consideration of other factors, such as the City Council ' s capabilities as a housing and redevelopment authority, and in considera- tion of the fact that there were developers in the City who were willing to build and market smaller dwellings on the available parcels . Adjournment: Motion by Commissioner Engdahl seconded by Commissioner Pierce to adjourn the meeting. The motion passed unanimously. The Planning Commission meeting adjourned at 12025 a.m. Chairman. -13- 10/3/74