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HomeMy WebLinkAbout1970 05-07 PCM Minutes of the Proceedings of the Planning Commission in the City of Brooklyn Center in the County of Hennepin and State of Minnesota May 7, 1970 The Planning Commission met in regular session and was called to order by Chairman Robert Jensen at 7:38 P.M. Roll Call: Chairman Robert Jensen, Commissioners Henry Bogucki, Charles Nichols, and Karl Schuller. Also present were: Jean Murphey, Jim Merila, D. G. Poss and B. E. Peterson. Motion was made by Commissioner Schuller and seconded by Commissioner Bogucki to approve the minutes of the regular meeting of April 2, 1970, and the special session meeting of April 23, 1970, as submitted. The motion carried unanimously. The first item of business was Application No. 69065 submitted by Lecon Properties requesting rezoning from R3 to the R5 classification that property commonly described as the vacant land area between the Velie Oldsmobile dealership and France Avenue North. The application had been introduced at a public hearing held by the Commission on January 8, 1970, at which time it was tabled and taken under advisement. The matter was also considered at a study meeting of the Commission held February 25, 1970, at which time the application was again tabled with the suggestion that the applicant consider a mixture of land uses such as R3, R4, and R5 as opposed to a pure R5 land use. The matter was last considered at the April 2, 1970, regular Commission meeting, at which time a final public hearing took place in order to ascertain if there were any revisions to the plans as originally presented. This application was tabled to await a forthcoming report from the Northwest Neighborhood Advisory Committee with the provision that affected property owners would be notified of the meeting at the time the Commission makes it recommendation to the City Council. Following its introduction of the application by the Secre- tary, there was a discussion with the applicants, Mssrs. Wessin and Bernu, regarding the revised site and building plans for this subject property. Chairman Jensen stated that site and building plans were not part of the present application and he advised the Commission to keep in mind the Comprehensive Plan's suggested land use for that area. Commissioner Bogucki mentioned that the Northwest Neighborhood Committee has reviewed this application and are in favor of the present R3 zone because the proposed R5 zoning would be a higher density and access would be on to a residential street. Chairman Jensen commented that it was becoming a concern of the Commission that the land zoned R3 is attracting development pressures for R5 density. He acknowledged that the applicant had presented revised site and building plans that indicated a reflection of different densities in order to meet the objections of affected property owners. Following this discussion, a motion was made by Commissioner Bogucki and seconded by Nichols, to recommend to the City Council that Application No. 69065 requesting rezoning from R3 to R5, be denied for the following reasons: I -2- 1) The application is inconsistent with the Compre- hensive Plan goals for that area; and 2) The proposed density would be too high. The motion carried unanimously. The next item of business was Application No. 70018 submitted by Ron Fleissner requesting a special use permit to construct a nursing home on approximately 3.3 acres of land commonly described as being generally east of the Weinsch Townhouse Project, north of 66th Avenue North and west of 5th Street extended. The appli- cant represents Gold Mediallon Nursing Homes who wish to construct a 200 bed proprietary nursing home. The Secretary introduced the application to the Commission and indicated to the Commission that the applicant wishes to be advised of the opinion of the Commission regarding whether a nursing home would be the proper use for the subject property. The Secretary further stated that the subject property contains two zones, R3 and C2, of which the latter permits hospitals, but not nursing homes. At this time Chairman Jensen recognized Mr. Orville DeVries, who, representing the owner as the developer, discussed with the Commission the proposed uses of the remaining parcels north and east of the subject property. The Commission next met with the applicant, Mr. Ron Fleissner and Mr. Joseph Gitis, president of Gold Mediallon Homes, and a discussion ensued regarding the applicants' proposed two story, two . hundred bed nursing home. Commissioner Nichols asked if this application had been referred to the Northeast Neighborhood Committee. He was answered negatively. Both Commissioners Schuller and Nichols expressed an interest in seeing other Gold Mediallon Nursing Homes in neighboring communities. Chairman Jensen suggested that instead of rezoning all of the subject property to Cl, that maybe the R3 should be extended easterly and include the C2 property. (It was the general feeling that nursing homes could be a special use in an R3 zone.) Upon polling of the Commissioners, there was no objections to the proposed nursing home concept. Motion by Bogucki, seconded by Schuller to table Application No. 70018 in order to allow the applicant time to prepare the following: 1) Re-plat of the DeMac Addition to provide a separate lot; 2) Submit an application requesting rezoning; 3) File site and building plans as required by Section 35-230. The motion carried unanimously. The next item of business was Application No. 70014 submitted by Richard Zejdlik requesting rezoning from R1 to R3 the vacant property commonly described as the 6700 block on the west side of Orchard Avenue North. -3- Following its introduction by the Secretary, and after a lengthy discussion with the applicant and one affected property owner, a motion was made by Schuller and seconded by Nichols to close the public hearing. Motion carried unanimously. Following a comment by Chairman Jensen that it has been the policy of the Commission to involve Neighborhood Committees in zoning matters, a motion was made by Schuller, seconded by Nichols, to table Application No. 70014 requesting rezoning, and take it under advisement, referring it to the Northwest Neighborhood Committee. The motion carried unanimously. The next item of business was Application No. 70013 submitted by Byron Dunkley requesting a variance on lot depth and front yard setback for Lots 12, 13 and 14, Garcelon's Addition, commonly described as being located on the east side of Lyndale Avenue in the 5500 block. Following an explanation by the Secretary, who explained the deficiencies of lot depth, front yard setback, and some inconsistencies in the land survey, Chairman Jensen called on affected property owners notified of the public hearing who generally indicated concern with the following: 1) Concer with cars that might have to back out on to Lyndale Avenue; 2) The potential obstruction of the river view; 3) That the granting of the variance would establish a precedent; 4) That Byron Dunkley purchased the property without investigating the zoning restrictions. Motion by Bogucki and seconded by Nichols to close the public hearing. The motion carried unanimously. At this time (9:22 P.M.) Commissioner Ditter arrived. Motion by Nichols and seconded by Schuller, to table Application No. 70013 submitted by Byron Dunkley, requesting a variance, and take it under advisement. Voting for the motion were were: Jensen, Schuller, and Nichols. Voting against: Bogucki. Not voting: Ditter. (Commissioner Bogucki felt that this application should be denied until the petitioner seeks profes- sional architectural advice as to the unique design and construction requirements of constructing a single family home on the subject property.) The motion carried. At this time, 9:31 P.M. , Chairman Jensen called for a recess, The meeting resumed at 9:41 P.M. The next application to be considered was Application No. 70017 submitted by Glad and Miller requesting site and building plan approval, c nsistent with rezoning Application No. 68018. This property is7unded by Trunk Highway 100, Lakeside Avenue and Lower Twin Lake. Following introduction of the application by the Secretary, Chairman Jensen requested that the City Manager bring the Commission uD to date regarding past history of the subject application as related to Application No. 68018. The City 1 1 1 -4- Manager stated that the westerly 2. 9 acres adjacent to Lower Twin Lake has not been deeded to the City. The City Manager explained that Midwest Planning and Research, Inc. , did a development study of the subject area in January, 1969. Following the City Manager's overview of the rezoning and the easterly access road, Mr. Don Nordbloom, representing the Glad and Miller Construction Company, explained site and building plans. Discussion of the site and building plans included: 1) Public access to the dedicated public open space contiguous to Twin Lake; 2) Parking provisions indicating a below grade garage structure; 3) Future access to Trunk Highway 100 through the proposed France Avenue interchange, and realignment of the access road from Lake- breeze Avenue bi-secting industrial property. Discussion continued with Karl Herman, Attorney, representing the applicant, the City Manager and the City Engineer regarding the future Minnesota Highway Department plans for closing off the present access from Trunk Highway 100 onto Indiana Avenue. Following the presentation of site and building plans and discussion with the applicant, a motion was made by Bogucki and seconded by Ditter, to recommend to the City Council, that Application No. 70017 requesting site and building plan approval be approved with the following conditions: 1) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 2) Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 3) A performance agreement and a 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; 4) That the landscape planting schedule shall be presented indicating adequate plantings on the northern part of the subject property along Lakeside Avenue; 5) That the developer make satisfactory arrangements with the State Highway Department for the relocation of access roads. A satisfactory assurance should be given to the City that vehicular traffic will not be channeled over existing residential streets; 6) The property must be platted; 7) That site and building plan approval be contingent on the developer transferring title to the City for the open space west of the subject property and abutting Lower Twin Lake. 1 1 1 -5- Voting for the motion were: Jensen, Schuller, Ditter, and Bogucki. Voting against: none. Abstaining: Charles Nichols. The motion carried. The next item of business to be considered was Application No. 70016 submitted by Hage Construction Company requesting a variance on front yard setback requirements and site and building plan approval for an S & H Redemption Center on property commonly described as the Southeast corner of the intersection of Northway Drive and Xerxes Avenue North Following an introduction by the Secretary, it was explained that the building would be used for warehousing and display. The City Manager explained that the parking layout was based on a one stall per 200 square feet of floor space ratio on the staff interpretation that the proposed use was not a "pure" retail use and would not generate a retail level of activity. He stated that the developer was willing to deliver satisfactory binding assurance that future building use would be limited to C-1 type uses consistent with the proposed parking ratio. After a discussion with the applicant, Arthur Hage, Chair- man Jensen requested that the Commission examine the site and building plans prior to settling the applicant's request for a variance. During this review, it was the consensus of the Commission that the S & H built-in sign indicated on the site and building plans be handled administratively. The Commission returned to the applicant's first request for a variance and after a brief discussion, a motion was made by Bogucki that Application No. 70016 requesting a 35 foot setback and site and building plan approval be denied because: 1) The subject application comprehends a straight retail operation and additional parking is therefor required; and 2) Granting a setback variance would establish a precedent. The motion died for lack of a second. Following this motion, the applicant concurred with the Commission's suggestion on installing an underground sprinkler system. Motion by Ditter and seconded by Nichols to recommend to the City Council, that Application No. 70017 requesting a variance from front yard setback requirements, and site and building plan approval for construction of an S & H Redemption Center be approved with the following conditions: 1) Approval of a variance on front yard setback from 50 feet to 35 feet. (Note: The Planning Commission feels that a 50 foot front yard setback would create a hardship by reducing the usable space for parking. A 35 foot setback would be in line with other properties on Xerxes Avenue.) 2) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 1 1 1 -6- 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 site improvements as designated on the plans submitted; 4) Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of the building permit. 5) That the City Attorney be provided with an approved legal instrument consisting of restrictions or covenants which must be filed against the subject property title restricting the use of this property to a stamp redemption center or other uses comprehended by the Cl zoning classification. 6) Installation of an underground lawn irrigation system. Voting for the motion were: Jensen, Schuller, Ditter and Nichols. Voting against was Bogucki. The motion carried. (Commissioner Bogucki opposed the subject application because he considered the S & H Redemption Store a straight retail outlet.) At this time, Chairman Jensen called for consideration of Application No. 70015 submitted by R. L. Ernst for Kraus- Anderson, requesting rezoning from R5 to C2 that property commonly described as the southwest corner of 69th and Humboldt Avenues North and west of the Shell Oil Station. Following its introduction by the Secretary, who stated that R. L. Ernst recently submitted a letter requesting that the application be deferred until the June 4, 1970, Commission meeting, a motion was made by Nichols, seconded by Bogucki, to table Application No. 70015 until the June 4, 1970, regular Commission meeting. The motion carried unanimously. The next application to be considered was Application No. 70019 submitted by Holiday Inn Motels requesting site and building plan approval for 155 unit motel, on that property commonly described as the southwest corner of 65th and Humboldt Avenues North. Also to be considered was final action on rezoning from I-1 to C-2, as requested in Application No. 69016. Following its introduction by the Secretary, it was explained Chat the following procedures inci0eni:.al to this application shoulC be accomplished: 1) Special use permit to allow a motel in a C-2 zone; 2) Filing of subdivision document. At this time Chairman Jensen requested that the City Manager bring the Commission up to date regarding the subject application. Representatives of the applicant, Mr. Don Perrenoud and Mr. Giddon, discussed with the Commission the proposed site and building plans and submitted justification for waiving fire sprinkler provisions in the individual motel units. 1 1 1 -7- After considerable discussion, a motion was made by Nichols, seconded by Schuller, to recommend to the City Council rezoning from I-1 to C-2, as requested in Application No. 69016, and also to tentatively approve the concept embodied in Application No. 70019, submitted by Holiday Inn Motels. The motion carried unanimously. Motion by Bogucki, seconded by Nichols, to establish May 21, 1970, as a Special Planning Commission meeting in order to conduct a special use permit public hearing relating to the approval of the Holiday Inn Motel. Motion carried unanimously. The last application to be considered was Application No. 70002 submitted by Arrow Developers requesting rezoning from 0-1 to R-1, a vacant parcel commonly described as lying south of Eckberg Drive extended and west of the properties on the west side of East Twin Lake Boulevard. The application was last considered by the Commission on March 5, 1970, at which time the public hearing was closed and the application was referred to the Southwest Neighborhood Committee. Following a brief introduction by the Secretary, Chairman Jensen called upon Mr. Terrance Fruth, an attorney representing the applicant, and asked if the applicant had anything new to present to the Commission. Whereupon a motion was made by 8ogucki, seconded by Nichols, to recommend to the City Council that Application No. 70002 requesting rezoning from 0-1 to R-1 be denied because it would be inconsistent with the Comprehensive Plan recommendations "to reserve the pennisula at the Northeast end of Twin Lake for permanent open space use. . . " . The motion carried unanimously. At this time the City Manager informed the Planning Commission that he has agreed to allow Super Valu to install a temporary driveway off from Xerxes Avenue North at a point approximately 178 feet south of Nortilway Drive; this entrance would be permitted only for the "grand opening" period of four weeks commencing with the opening of the new Brookdale Super Valu; the opening and closing of the curb cut will be at the expense of Super Valu. Motion by Schuller, seconded by Ditter, to adjourn. The motion carried unanimously. Adjournment came at 11:56 P.M. Chairm