Loading...
HomeMy WebLinkAbout2003-014 - 711 69th Ave FULL PACKET- - - --- — City of Brooklyn Center `ram D Planning Commission Application Date Red�llceQ 4 2Q03 Application No. ✓� 1 c^ _ i / << Please Print Clearly or Tvna Address/Street oca Property %J / �` V Al, �. 11 0. # 36 - j1q-2-j-21-D&o3 Legal Description of Property A tip ll`D/l 11 Sy/1/)1l/iJ 10V N d , 7'Nsvr A4,xr 0"4L LoT .?/ LY("-i, W, o )e T hLie F, /,5q F7'. TNT e/-- ,41vd TWiJJ /h,0n/10 /-4)i'32- 4-Y//%'6 r. 0112 w/7-11 1015, ,300,terwl /tJ)e" ?��` AC Le Owner F�A57-/3/1O K Phone No. �F��--� Z 1 -2 31f Address i 11 A M dt N AV - AJ. , Applicant L A 5%&A0DZ AlfbAiX TLC LL C Phone No. CFl L -3 T' z Address % 22 V. --?Ai 2,Y4), 3/Z009L yN 6- ��� ,M/✓�J'!-Y31) W J �+ a Type of Request: Rezoning Variance D Special Use Permit Subdivision Approval 11 Site & Building Plan Approval Other: Description of Request: S'v/�/�IdIS% /N % ©F FO)I J/XPL iti.�/It T/G ✓.�� Svi3,lldiSiOn/ 7'0 ��� C.•'Il J�J_ .�Hs.-iS ►G,ir. Fs�7JT/?j �Y� �1 ©� V Application Fee $ ao0 Acct No. 10100-4403 Receipt No. Cf The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs will be in addition to the appli;cation fee de ribed herein. Withdrawal of the application will not relieve the applicant of the oblige ion to p co s incurred prior to withdrawal. era s?�d�itDfJk 1At)td Fv!,r l? 5 PLC ,t�y G , 2E- ✓.4iVS d V, SOdds S, Applicant (Please Print) Applicant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: T - 14 - b3 Approved -,r' Denied following conditions: this /Y day of 20 03 , subject to the Chairman CITY COUNC11 ACTION Dates of Council Consideration: a Approved 7/ Denied this ,;�S day of ttti ? 20 C `3 , with the following CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information will be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (B612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: Underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted.) 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans will be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Zoning Specialist at 763-569-3330. Procedures & Requirements for Filing Application for Site & Bldg Plan Approval Revised 3-01 City of Brooklyn Center A Millennium Community September 29, 2003 David G. Evanson Eastbrook Properties, LLC 7224 Camden Ave N Brooklyn Center, MN 55430 Dear Mr. Evanson: This letter is to inform you of the action taken regarding Planning Commission Application No. 2003-014. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for Preliminary Plat approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 2003-014 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 Commissioner Newman inquired about the history of the property prior to the Hwy 252 expansion. Mr. Warren explained that the properties abutting Hwy 252 contained single family homes which the highway department acquired and demolished or moved off the site as part of the Hwy 252 construction. PUBLIC HEARING — APPLICATION NO.2003-014 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003-014, at 9:46 p.m. The motion passed unanimously. Chair Willson called for comments from the pubic. The applicant, Mr. David Evanson, owner of Eastbrook Properties, LLC, introduced himself and described the history of the property, his plans to acquire surrounding parcels and his proposal to develop the site with single family homes. Larry Franzen, 6736 Aldrich Avenue North, expressed his concern with the cost of a new road being assessed to his property. Mr. Warren explained that any assessment would have to be consistent with the assessment policies of the city. Walter Wenholz, 501 69`h Avenue North, stated he has not heard from the developer regarding acquisition of his property and asked how the development would affect his property. Mr. Evanson responded the reason he has not contacted this property owner yet is because he is attempting to finalize plans with MnDot for acquisition of the highway right of way prior to discussion with other property owners that may be affected. It was clarified that the master plan for this area was a guide only and did not commit any property owner to participate in its development. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003-014. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2003-014, at 10:00 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO.2003-014 EASTBROOK PROPERTIES, LLC. There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003-014, submitted by Eastbrook Properties, LLC, for Preliminary Plat approval to subdivide the lot at 711 69`h Avenue North into six single family lots, an outlot and street right of way subject to the following conditions: 8-14-03 Page 5 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 25, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO.2003-015 PETER B. MYERS (ON BEHALF OF NORSE MANAGEMENT) Chair Willson introduced Application No. 2003-015, a request from Peter B. Myers, on behalf of Norse Management, for Prelinimary Plat approval to divide and combine two parcels of land located on the south side of 69 h Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments (1701 69t' Avenue North) and 21 townhome lots and an outlot for a proposed townhome development. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8-14-03 for Application No. 2003-015 and the Director of Public Works' memo dated 8-12-03, attached.) The properties under consideration are zoned R-5 (Multiple Family Residence). Companion Application No. 2003- 016 is an application for site and building plan approval for construction of 21 townhomes on the site. Townhomes are a permitted use in the R-5 zoning district provided density requirements are met. PUBLIC HEARING — APPLICATION NO.2003-015 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2003-015, at 10:41 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 8-14-03 Page 6 Councilmember Carmody questioned the third lot in the area. Mr. Warren informed that the City owned the third lot. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 2003-013 subject to the above conditions. Motion passed unanimously. 11c. PLANNING COMMISSION APPLICATION NO.2003-014 SUBMITTED BY EASTBROOK PROPERTIES, LLC (DAVID EVANSON). REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE LOT AT 71169Tx AVENUE NORTH INTO SIX SINGLE FAMILY LOTS, AN OUTLOT AND STREET RIGHT -OF- WAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed Planning Commission Application No. 2003-014 requesting for a preliminary plat approval to subdivide the lot at 711 69th Avenue North into six single-family lots and presented a PowerPoint presentation on the layout of the six lots. He informed that the Planning Commission recommended approval of Planning Commission Application No. 2003-014 subj ect to the following conditions at its August 14, 2003, meeting: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show drainage and utility easements along property lines consistent with the recommendations of the City Engineer. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. Councilmember Carmody asked about the type of housing and cost. Dave Evanson, Eastbrook Properties, addressed the Council to discuss that the homes would be single-family detached homes and that he anticipates the cost to be mid $200,000. A motion by Councilmember Lasman to approve Planning Commission Application No. 2003-014 subject to the above conditions. 08/25/03 -9- Councilmember Carmody questioned the single home in the area that Mr. Evanson is trying to acquire. Mr. Evanson provided some background regarding this issue and informed that he would continue to work that property owner. Councilmember Niesen asked about the area and the road proposed. Mr. Evanson provided a brief history and discussed the parcels that he currently owns. He informed that he would be creating a subdivision consistent with the housing around the area. Councilmember Carmody seconded the motion to approve Planning Commission Application No. 2003-014 subject to the above conditions. Motion passed unanimously. 11 d. PLANNING COMMISSION APPLICATION NO.2003-015 SUBMITTED BY PETER B. MYERS. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE TWO PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF 69TH AVENUE NORTH, WESTERLY OF HUMBOLDT AVENUE, TO CREATE A NEWLY CONFIGURED LOT FOR THE EARLE BROWN FARM APARTMENTS (1701 69TH AVENUE NORTH) AND 21 TOWNHOME LOTS AND AN OUTLOT FOR A PROPOSED TOWNHOME DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 14, 2003, MEETING. Mr. McCauley discussed that Planning Commission Application No. 2003-015 requesting for preliminary plat approval to divide and combine two parcels of land located on the south side of 69`h Avenue North, westerly of Humboldt Avenue, to create a newly configured lot for the Earle Brown Farm Apartments, 21 townhome lots, and an outlot for a proposed townhome development was recommended for approval by the Planning Commission subject to the following conditions at its August 14, 2003, meeting: The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. An ordinance vacating 5 ft. wide drainage and utility easements on either side of the existing lot lines separating Lot 1, Block 1, and Lot 2, Block 1, Tanami Addition, shall be approved by the City Council prior to final plat approval. 4. A Declaration of Covenants and Restrictions along with homeowners association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. A site analysis verifying parking requirements for the Earle Brown Farm Apartments shall be submitted prior to final plat approval. 08/25/03 -10- Application Filed on 7-24-03 City Council Action Should Be Taken By 9-22-03 (60 Days) Planning Commission Information Sheet Application No. 2003-014 Applicant: Eastbrook Properties, LLC Location: 711 69th Avenue North Request: Preliminary Plat Approval The applicant, David G. Evanson on behalf of Eastbrook Properties, LLC, is seeking preliminary plat approval to subdivide the lot at 711 69th Avenue North into six single family residential lots, an outlot and street right of way. The property in question is zoned R-1 (One Family Residence), is 2.16 acres in area and is located between 68th and 69th Avenues North, east of Aldrich Avenue North. It is surrounded on the north by 69th Avenue; on the east by other R-1 zoned property containing a single family home owned by Brewster and Theresa Thomas and a vacant lot owned by Mr. Evanson; on the south by 68th Avenue North; and on the west by Aldrich Avenue North and two existing single family homes. The proposed plat, which is to be known as Eastbrook Estates, currently has a metes and bounds description of Auditor's Subdivision No. 310 and would be divided into six buildable lots and an outlot. The proposed Lot 1, Block 1 (the most northerly lot) would be approximately 150 ft. wide by 136 ft. deep, 20,354 sq. ft. in area and contains an existing house and a garage/carport. This lot will be retained by the applicant's sister and husband who plan to build a new home and garage on the lot this fall. The existing structures will be removed and the potential non- conformity (rear yard setback) will be eliminated also. The proposed Lots 2 and 3, Block 1, will be located south of Lot 1 and will face a new proposed street extending east of Aldrich Avenue (Aldrich Lane). Sixty feet of right of way is being dedicated for this street. The lots are approximately 75 ft. wide at the front setback line and are approximately 136 ft. deep. The proposed Lot 2 is 9,933 sq. ft. in area and the proposed Lot 3 is 10,177 sq. ft. in area. The proposed Lots 1, 2, 3 and Outlot A, Block 2, are located south of the proposed street extension. Lot 1 (corner lot) is 90 ft. wide at the setback line, 135 ft. deep and 12,061 sq. ft. in area. Lot 2 (interior lot) is 77 ft. wide, 135 ft, deep and 10,427 sq. ft. in area. Lot 3 (corner lot) is proposed to be approximately 90 ft. wide, 135 ft. deep and 12,188 sq. ft. in area. Thirty feet of right of way is being dedicated for the balance of the 68th Avenue North right of way. Outlot A, 15 ft. wide by 258 ft. deep (3,865 sq. ft.) runs north to south and lays to the east, or rear, of the three proposed lots. An outlot, by definition, is smaller than the minimum size lot in a plat and is declared to be unbuildable until combined with additional land. It is the applicant's intent to include the outlot in a future plat which will be proposed at a later date. Mr. Evanson has recently acquired the land immediately to the east (Ditzler Addition) at a County auction and plans to subdivide it as soon as some title issues can be resolved. He is proceeding with the plat 8-14-03 Page 1 at hand to create a lot for the construction of the home proposed by his sister previously mentioned. The applicant has also submitted a potential plat, or master plan, for this area, which is labeled "ghost plat". He is working to acquire or reach agreements with property owners in the area to accomplish the subdivision outlined in this master plan or "ghost plat". The City Council at its meeting on July 28, 2003 reviewed the applicant's proposal and agreed to seek the purchase of excess MnDOT right of way along T. H. 252, south of 69t' Avenue, which would be included with the overall platting for this area. Obviously the City would be seeking reimbursement for the purchase and expenses involved in such an undertaking. In the meantime, any subdivisions of the land in question, should be consistent with the master plan or "ghost plat' shown. A point of concern with the proposed plat is the accessory building shown on the proposed Lot 3, Block 1. The Zoning Ordinance allows garages only as accessory buildings to a principal building, in this case a single family home. No single family home would exist on this lot when it is created. It is our understanding that the applicant will remove this garage from the lot prior to final plat approval. This situation is similar to that in the preliminary plat under Planning Commission Application No. 2003-005, which was recently approved by the City for a division of land along France Avenue, north of 50'h Avenue. The City Engineer is reviewing the proposed preliminary plat and will be offering written comments and observations for the Commission's review. The applicant has submitted a preliminary grading, drainage and erosion control plan also being reviewed by the City Engineer. Construction of streets and utilities for this subdivision probably will not be undertaken until next construction season. A "hammerhead turn around" at the end of the proposed street extension would have to be constructed until the street is further extended with subsequent plats. It is likely that the City Engineer will require a subdivision agreement outlining the costs for street improvements and utility extensions necessary for the plat. The preliminary plat shows 5 ft. drainage and utility easements along interior property lines and 10 ft. drainage and utility easements along front and rear lot lines. The subdivision ordinance generally only requires 5 ft. drainage and utility easements along rear lot lines unless larger easements are deemed necessary. Unless the City Engineer believes a 10 ft. rear yard easement is necessary, I would recommend reducing them to 5 ft. to be consistent with accessory building rear yard setbacks. Minimum lot requirements contained in the subdivision and zoning ordinance call for corner lots to be 90 ft. wide at the front setback and 10,500 sq. ft. in area. Interior lots are required to be 75 ft. wide at the front setback and 9,500 sq. ft. in area. All of the lots proposed in this preliminary plat meet or exceed the minimum lot requirements contained in both the zoning and subdivision ordinances. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. 8-14-03 Page 2 This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions. 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The accessory building indicated on the proposed Lot 3, Block 1, shall be removed prior to final plat approval. 4. The plat shall be modified to show 5 ft. wide drainage and utility easements along the rear property lines for the lots proposed in this subdivision. 5. The applicant shall enter into a subdivision agreement as approved by the City Engineer regarding various subdivision improvements required for this plat. 6. Future subdivisions in this area shall be consistent with the master plan submitted with this application. 8-14-03 Page 3 MEMORANDUM DATE: August 12, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works 4 SUBJECT: Preliminary Plat — Eastbrook Estates Planning Commission Application 2003-014 X-HRCTER The Engineering Department reviewed the preliminary plat for Eastbrook Estates, located north of 69 h Avenue and east of Aldrich Avenue. Engineering staff recommends approval of the preliminary plat subject to the following conditions. 1. The northern 30 feet of 68`" Avenue located to the west of Aldrich Avenue shall be dedicated to the public for street right-of-way. 2. The drainage and utility easement between Lots 2 and 3, Block 1 be expanded to ten (10) feet on both the east and west sides of the common lot line to provide for drainage from Lot 1, Block 1. 3. The developer shall submit a site grading plan to the City for review prior to application for final plat approval. The grading plan shall provide for appropriate drainage from Lot 1, Block 1 to the proposed street extension. 4. A street name for the proposed street, acceptable to the City, must be included on the final plat. 5. Sanitary Sewer and water main shall be extended from the north end of Aldrich Avenue to the eastern property boundary of the plat. 6. Storm sewer and curb improvements will be constructed along the east side of Aldrich Avenue as deemed necessary during utility design. 7. The developer shall enter into a Subdivision Agreement, in a form satisfactory to the City, to provide for the construction of all infrastructure within the plat boundary and all infrastructure necessary to provide street access and utility service for lots within the plat. GADeptsTublic WorksTngineeringTevelopment & PlanningTastbrookTrelim Plat8-12-03.doc Letter of Intent From: Diana & Bill O'Connor 711 69th Avenue North Brooklyn Center, MN 55430 To: City of Brooklyn Center Re: Eastbrook Estates plat Date: July 24, 2003 To Whom It May Concern: We are the sellers of the property being subdivided, and currently reside in the existing house. Our plans are to construct a new single-family home on the new lot that is being created, then tearing down the existing house before occupying our new home. We plan to start construction this year. If you have any questions, you may contact us or David Evanson. Sincerely, 4/, Lz��_(� �56o_�_6� Tana O'Connor G' Bill O'Connor