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HomeMy WebLinkAboutPC79058 - 9/13/79 - 6700 Shingle Creek PkwyCITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. 79058 Please Print Clearly or Type Street Location of Property 6700 Shingle Creek Parkway Legal Description of Property Tracts C & D R.L.S. 1360 Owner Medtronic, Inc. Address 3055 Old Highway 8 - MpI5, 55418 Phone No. 574-4 0� 0 Applicant Construction Analysis & Management. Inc. Address 7401 Central Ave. N. E. - Mpls. 55432- Phone No. 786-7151 Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval Special Use Permit X Other: Plat Consolidation Description of Request: Combine tracts C & D of R.L.S. 1360 into one parcel Fee $ 27 nn Receipt No. 51509 {J, Applicant's Sigftqure SZzIZ Date PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved Denied ing condktlons: this day of CITY COUNCIL ACTION Dates of Council Consideration: �/Z'- /�-" C 19 71, subject to the follow- airman Approved Denied this /� day of ( ilol� 19 , with the following amendment: er P/I Form No. 18 (over please) Planning Commission Information Sheet Application No. 79058 Applicant: Constructing Analysis and Management Location: 6700 Shingle Creek Parkway Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval to combine two Tracts, C and D, of R.L.S. 1360 into a single parcel for use by Medtronic in conjunction with the expansion of the existing site comprehended under Application No. 79057. Section 35-540 of the Zoning Ordinance requires that multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey. This appli- cation is in response to that requirement. A 40' wide utility easement runs east to west over the middle of the property. Access to the parcel is provided off of Shingle Creek Parkway and 67th Avenue North. The lot dimensions are not substandard in any respect. The zoning of the entire tract is I-1 and the proposed use for the site is permitted under the City's Ordinances. We have not received any data as to the area of the parcel, but estimate that it is about 9 acres. The proposed R.L.S. seems to be in order and the City Engineer will be prepared to comment on it further at Thursday evening's meeting. Approval is recommended subject to the following conditions: 1. The final R.L.S. is subject to the approval of the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. A public hearing has been scheduled and notices sent. 9-13-79 December 10, 1979 Mr. Virgil Florhaug Construction Analysis & Management, Inc. 7401 Central Ave. N. E. Minneapolis, Mn 55432 Dear Mr. Florhaug: This letter is to inform you, in writing, of the action taken on Planning Commission Application Nos. 79057 and 79058 submitted for site and building plan and registered land survey approval. Enclosed are excerpts from the Planning Commission meetings of SeptembOr 13, and 27, 1979 and the City Council meeting of October 15, 1979. Questions you may have should be directed to this office. Sincerely, Ronald A. Warren f Planning Commission Secretary do have an ordinance and that it had been patterned after St. Louis Park's program. Mayor Nyquist then recognized Ray Haroldson from the Housing Commission. Ray Haroldson indicated that it was the desire on the part of the Commission to help inform buyers about the homes they were about to purchase. He indicated that most home buyers were unaware or uninformed purchasers. He also added that it is perhaps the most significant purchase most individuals would make and that such an ordinance would make that transaction easier for them. He also indicated that realtors felt that such an ordinance made the homes more sellable. He added that the compli- ance aspects of it only dealt with health and safety items. He stated the average person is unaware of all the fine points in purchasing homes. Councilmember Fignar indicated that it was not a guarantee but he also felt that many home buyers were uninformed. The City Manager stated that if the inspectors were to find violations, they would be required to issue a citation for compliance because it is an ordinance being enforced and enforcement is not optional. Councilmember Kuefler inquired as to who the main advocates for the ordinance were. Councilmember Fignar then indicated that realtors and so forth advocated such ordinances. Councilmember Kuefler indicated he would like to see the Commission present the pros and cons and to make a recommenda- tion to the Council. He indicated that they should hold a public hearing to get public input on the matter. Following that, he felt they should bring the matter back to the Council at that time. The City Attorney stated that he felt the Council should be aware that code violations for the most part have been determined by courts to be for the general protection of societies and not individuals. He cited two court cases which have upheld that approach. However, he noted that the last supreme court decision was split and he indi- cated that if municipalities continue to pass such ordinances, and become more deeply involved in providing these kind of services that the courts are bound to rule that the City's inspection is an insurance policy for the individual. He added that if that does happen or when it does happen, that the costs associated with the enforcement of the ordinances will be astronomical. He also stated that if a violation is found, it must be corrected. He stated that the St. Louis Park approach places a great burden upon the City. Mayor Nyquist then recognized Dolores Hastings from the Housing Commission. Dolores Hastings indicated that she feels the ordinance is similar to the Fousing Maintenance Ordinance and that people would appreciate the ordinance after it has been passed but not prior to it. Councilmember Kuefler then stated that it would be another fee that would be passed along on the cost of the house. He also stated that FHA and GI mortgages require an inspection. Following the discussion, Councilmember Fignar stated that he would take the Council's input back to the Housing Commission for further study. PLANNING CUIMISSION ITEMS The City Manager introduced the next agenda item, that of Planning Commission Application Nos. 79057 and 79058 submitted by Medtronics, Inc. He stated that the applicant was seeking a site and building plan approval for an addition to their building at 6700 Shingle Creek Parkway. He also added that the Planning Commission had recommended approval for the application at the September 25, 1979 Planning Commission meeting. He also added that Applica- tion No. 79058 sought the Council's approval of a registered land survey at the site.of their building at 6700 Shingle Creek Parkway. The Director of Planning and Inspection stated that the applicant was seeking a site and building and a registered land survey approval for a 53,000 square foot addition to the existing Medtronics facility. He explained that the site included Tracts C and D of registered land survey 1316 bounded on the west by a Speculative Industrial building No. VI, on the north and by Shingle Creek Parkway on the west, by 67th Avenue on the south and by Hiawatha Rubber and 10-15-79 -9- Earle Brown Farm Apartments on.the north. He added that land was zoned I-1 and that the research and the development used for the proposed addi- tion is consistent with the existing use approved by the City Council. The Director of Planning and Inspection pointed out that the two tracts were roughly nine acres in total and were divided from east to west by a 40 foot utility easement located in the area of the existing property line. Access to the site is gained by a curb cut off 67th Avenue and a single curb cut without a median cut off Shingle Creek Parkway. He stated that the new building addition would utilize the area between the existing Medtronic building and the utility easement which is presently used for parking. The Director of Planning and Inspection explained that the utility easement will be moved northward approximately 15 feet.and that the applicant proposes to relocate an existing water main to allow for the expansion. The Director of Planning and Inspection reviewed the landscape plan for the site pointing out that the plan provides for a six foot high berm on the northeast corner to shield the parking lot from the residential uses to the east. He indicated that he felt it would be more attractive and more practical than a screened fence. A four foot high berm is proposed along the Shingle Creek Parkway. He reviewed the planting for the site which would include honey locusts, green ash, maple and little leaf lindens. He stated that all unpaved areas are proposed to be sodded and sprinkled with the exception of a future building site which is to be seeded only. The applicant is request- ing a deferral of landscaping this area for a period of two years. He added that drainage from the site is generally from the south and west and added that the contractor proposes to salvage and reuse the existing storm and sanitary sewer utilities presently under the new building site. Relative to the relocation of the 40 foot utility easement through the middle of the site, the Director of Planning and Inspection explained that the appli- cant had chosen to relocate the water line rather than scale down the building which was the other alternative. He added that as a condition of approval, approval of sidewalk, which will be located over the same easement, should be extended to the existing sidewalk on Shingle Creek Parkway. The Director of Planning and Inspection pointed out on the plan the location of the proposed lithium storage on the east side of the site. He also noted that the proposed area for the storage tanks for nitrogen are going to be filled by trucks entering off the Shingle Creek Parkway and that such deliveries will occur approximately every six weeks. He indicated that the Fire Chief had reviewed those plans for storage of the chemicals and reported that it was consistent with the requirements for storing such chemicals. The Director of Planning and Inspection indicated that the Planning Com- mission recommended approval for Application No. 79057 with thirteen contingen- cies. He also stated that approval for the registered land survey, Application No. 79058,.was recommended for approval with four contingencies. Councilmember Kuefler then inquired if the parking was on the south end of the building as is currently in existence. The Director of Planning and Inspection indicated that it was. Councilmember Lhotka expressed his concern for the storage of volatile chemicals. He indicated that he would like to see further information. The Director of Planning and Inspection indicated that Medtronic has submitted a list of chemicals used by the company and that the list is on file with the City as well as the Fire Chief'-s eport on the storage of such chemicals. The City Manager indicated the Fire Chief's reports would be made available to Council members and that Medtronics has 10-15-79 -10- always been very cooperative with the City in the past and that he foresees no problems with the design safety features of the storage of such chemicals at the Medtronics facility. Councilmember Fignar inquired as to the hours of operation. The representative from Medtronics indicated there were two shifts running from 6:00 a.m. until 9:00 p.m. Councilmember Fignar then indicated his concern that the parking lot to the north might bother the apartment dwellers there. The representative from Medtronics indicated the northern end of the parking lot would not be lit and that the company was using directional low standard lights. The Director of Planning and Inspection added that the City's Zoning Ordinance requires that there be no spillover of lights in such parking lots. Motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 79057 subject to the thirteen conditions outlined by the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist opened the public hearing on Planning Commission Application No. 79058. There was no one to speak at the public hearing. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Planning Commission Application No. 79058. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve Planning Commission Application No. 79058 subject to the four conditions recommended by the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. LICENSES Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Karen Youngberg 5419 Girard Ave. No. Earle Brown P.T.A. (Carnival - Country Store) James McAlpin 6248 71st Ave. No. Knights of Columbus (pancake breakfast) RENTAL DWELLING LICENSE Initial: Thomas & Mary Harty Don Pfau Danial Bartus Renewal: David Jensen & Gordon Wellens Thomas & Bill Howe SIGN HANGER'S LICENSE Kaufman Outdoor Advertising Co. 10-15-79 -11- 5837 Lyndale Ave. No. 6913 Unity Ave. No. 3500 66th Ave. No. 5501 Brooklyn Blvd. 3129 49th Ave. No. 315 Washington Ave. No. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 27, 1979 �-- CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Hal Pierce at 7:34 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintendent of Engineering James Noska and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - SEPTEMBER 13, 1979 Commissioner Hawes noted that the minutes omitted the adjournment of the Planning Commission. The City Engineer also pointed out that the paragraph on page 8 of the minutes should be revised to read that Highway 169 is "proposed to be" up- graded north of the 694 intersection. Motion by Commissioner Hawes seconded by Commissioner Erickson to approve the minutes of the September 13 meeting as corrected. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. APPLICATION NOS. 79057 and 79058 (Construction Analysis and Management/Medtronic) Following the Chairman's explanation, the Secretary introduced the first item of business which was site and building and R.L.S. approval for a 53,000 square foot addition to the existing Medtronic facility at-6700 Shingle Creek Parkway. The Secretary explained that the site includes Tracts C and D of R.L.S. 1360 `— and is bounded by Speculative Industrial Building No. VI on the north, by Shingle Creek Parkway on the west, by 67th Avenue on the south, and by Hiawatha Rubber and the Earle Brown Farm Apartments on the west. He noted that the land is zoned I-1 and that the research and development use for the proposed addition is consistent with the existing use approved by the City Council. He stated that although that use is not specifically listed as a permitted use in the Zoning Ordinance, it does fall into the general category of "other uses similar in nature" allowed under Section 35-337, Subsection f. The Secretary pointed out that the two tracts are roughly nine acres in total and are divided from east to west by a 40 foot utility easement located in the area of the existing property line. Access to the site is gained by a curb cut off 67th Avenue North and a single curb cut (without a median cut) off Shingle Creek Parkway. He stated that the new building addition would utilize the area between the existing Medtronic building and the utility easement which is presently used for parking. The Secretary explained that the utility easement will be moved northward approximately 15 feet and the applicant proposes to relocate an existing water main to allow for the expansion. The Secretary indicated that the east half of Tract C will be used for parking with the west half deferred for possible future development. He noted that no external alterations are proposed for the south portion of the existing site. Required parking for the site is 221 spaces based on 32,993 sq. ft. of office space (or 165 spaces at one per 200 sq. ft.) and 45,140 sq. ft. of industrial space (or 56 spaces at 1 per 800 sq. ft.). The Secretary noted that the �-- proposed site plan provides 248 parking spaces and therefore exceeds the ordinance requirements. 9-27-79 -1- The Secretary pointed out on the plan the location of the lithium storage building on the east side of the site, the new drive between the lithium storage building and the main building. He explained that access to the site could either be from Shingle Creek Parkway for northbound traffic or from 67th Avenue North for southbound traffic. He noted that there is a proposed median cut on Shingle Creek Parkway that will service both the Spec IX and Spec VI sites. \.. He stated that Medtronic could have access to this median cut because there already is a joint agreement, but has not, at this time, chosen to utilize it. The Secretary then briefly reviewed the proposed R.L.S. He explained that the applicant is seeking to combine Tracts C and D of R.L.S. 1360 into a single parcel for use by Medtronic in conjunction with the expansion of the existing facility. He explained that Section 35-540 of the Zoning Ordinance requires that multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting and registered land survey. He noted that the application before the Commission is in response to that requirement. The Secretary again noted for the Commission the 40 foot utility easement "running east to west over the middle of the property. He pointed out that access to the parcel is provided off Shingle Creek Parkway and 67th Avenue North. He commented that the lot dimensions are not substandard in any respect and that the proposed use for the site is permitted under the City's ordinance. The Secretary suggested that the preliminary plat be revised prior to consider- ation by the City Council to show the exact location of the relocated 40 foot utility and sidewalk easement and that existing easement documents for utilities and sidewalks be revised in accordance with the plat revisions. The Commission briefly discussed the relocation of the utility easement. Chair- man Pierce asked whether the new easement would be located primarily under paved area. The Secretary acknowledged that it would. The Superintendent of Engineer- ing noted that the center of the easement will be just south of the center line of the driveway. The Secretary added that an easement under pavement is not considered a barrier to approval. Chairman Pierce commented that the legal description of the sidewalk easement would have to be changed. The Secretary responded that the description of the easement should be such that it is possible to locate the sidewalk anywhere within the new utility easement. At that point, Dave Hall of Ellerbe Architects, reviewed some conceptual pictures of.the proposed site. Chairman Pierce asked about the future building site. Mr.'Hall answered that the area indicated on the plans for a future building will not be developed until a separate decision has been made by Medtronic. The Secretary explained that the 50 foot setback area along Shingle Creek Parkway will be sodded and contain an underground irrigation system. The future building site improvements will be deferred for two years. In response to a question from Chairman Pierce, Mr. Hall stated that Medtronic is not interested in sharing access with Spec VI onto Shingle Creek Parkway because it would require a complicated three turn exit. In answer to Com- missioner Hawes, Mr. Hall stated that the nitrogen and argonne tanks would be filled by trucks entering off of Shingle Creek Parkway and that such deliveries would be rare, approximately every six weeks. Commissioner Hawes probed the Engineer for Medtronic on the reinforcing of the volatile storage area and the nitrogen and argonne storage tanks. The Engineer stated that there would be about four or five 55 gallon drums of volatile chemicals, primarily cleaning fluids. 9-27-79 -3- Access to the new parking lot will be via a newly constructed driving lane located along the east side of the property between the building and a recently` constructed lithium storage building. A 50 foot buffer strip is being provided where the site abuts the R5 zoned Earle Brown Farm Apartments, he noted, and is keeping with.a recently recommended Zoning Ordinance Amendment.,. The Secretary pointed out that the new structure will add space for two additional loading berths in accordance with ordinance requirements. The Secretary also noted that the plan provides for two storage tanks to contain argonne and nitrogen which will be wholly enclosed, extending the full height of the building and located on the north side of the building. Storage of volatile chemicays.,: s designated in a separate reinforced room on the north side of the first floor -of the new building, adjacent to the shipping and receiving area. The Secretary commented that the Fire Chief is in the process of reviewing the proposed list of chemicals to be stored on the site and will certify that the building plans provide proper storage of chemicals prior to the issuance of building permits. The Secretary briefly reviewed the landscape plan for the site, pointing out that the plan provides a 6 foot high berm at the northeast corner to shiel.d.the parking lot from the residential use to the east. This, he noted, is felt to be more attractive and more practical than a screen fence. A four foot high undulating berm is proposed along Shingle Creek Parkway. He reviewed the plantings for the site which include Honey Locust, Green Ash, Amur Maple, and Little Leaf Lindens. He stated that all unpaved areas are proposed to be sodded and sprinklered with the exception of the future building site which is to be seeded only. The applicant, he explained, is requesting deferral of land- scaping in this area for a period of two years. The Secretary stated that drainage from the site is generally to the south and west. He added that the contractor proposed to salvage and reuse existing storm and sanitary sewer utilities presently under the new building site. Regarding the relocation of the 40 foot utility easement through the middle of the site, the Secretary explained that the applicant had chosen to relocate the water line rather than scale down the building which was the other alternative. He added as a condition of approval that the proposed sidewalk, which will be located over the same easement, should be extended to the existing sidewalk on Shingle Creek Parkway. Commissioner Hawes asked whether the walkway would not create some problems on the site. The Secretary explained that the walkway easement existed prior to the Medtronic facility. He stated that the problems presented by the walkway were not insurmountable and that it would serve to facilitate pedestrian traffic. into the Industrial Park. Commissioner Erickson commented that the parking formula seemed to be based on a production facility. He noted that the proposed use would include research and development and questioned whether the plan provides for enough parking. The Secretary explained that the required parking was calculated based on a mixture of office and warehouse uses, with total floor area divided between these two classifications. This amount was actually less than the amount proposed by Medtronic. In answer to a question by Commissioner Hawes, the Secretary explained that water main, sanitary sewer and storm sewer are located in the 40 foot utility easement. �. 9-27-79 -2- '�` Mr. Hall, the architect for the project, stated that the wall system for the new addition will be very energy efficient since the entire building site must meet the new State Energy Code which the existing facility does not meet by itself. In response to Commissioner Hawes, Mr. Florhaug of Construction Analysis and Management, explained that the amount of traffic to the site would be minimal, about one semi -trailer per month. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79057 (Medtronic) Motion by Commissioner Malecki seconded by Commissioner Hawes to recommend ap- proval of Application No. 79057 submitted by Construction Analysis and Management, Inc. for site and building plan approval for a 53,000 square foot, two story, addition to the existing Medtronic facility at 6700 Shingle Creek Parkway, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. With the exception of the dry room, the building shall be equipped with an automatic fire extinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. Fire protection for the dry rooms shall be subject to the approval of the Fire Chief. 5. All outside trash disposal and/or rooftop mechanical equipment shall be appropriately screened from view. 6. B612 concrete curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all sodded and planting areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to -the requirements of Chapter 34 of the City Ordinances. 9. The two parcels comprehended for this development shall be combined into a single parcel through platting or registered land survey. A final plat shall be approved by the City Council and filed with the County prior to the issuance of occupancy permits for the addition. 10. Landscaping improvements for the area designated as a potential building site at the northwest corner of the property shall be deferred (other than seeding the area) for a period of up to two years. After two years, if there is no development plan forthcoming, the potential building site shall be sodded, sprinklered, and landscaped consistent with other green areas on the site. Their performance bond will not be released in its entirety until this is accomplished. 9-27-79 -4- 11. The applicant shall enter into a standard utility maintenance agreement with the City as approved by the City Engineer. 12. Storage of chemicals on the site is subject to the review and approval of the Fire Chief prior to the issuance of building permits. 13. The proposed sidewalk shall be extended to the existing sidewalk on Shingle Creek Parkway. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. PUBLIC HEARING Chairman Pierce next opened the meeting for purposes of a public hearing on Application No. 79058. No one spoke relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Erickson seconded by Commissioner Manson to close the public hearing on Preliminary R.L.S. under Application No. 79058. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. ACTION RECOMENDING APPROVAL OF APPLICATION NO. 79058 (Medtronic) Motion by Commissioner Erickson seconded by Commissioner Malecki to recommend approval of Application No. 79058 submitted by Construction Analysis and Manage- ment, Inc. for Preliminary R.L.S. approval to combine Tracts C and D of R.L.S. 1360 into a single parcel for use by Medtronic, subject to the following conditions: 1. Final R.L.S. is subject to the approval of the City Engineer. 2.. The final R.L.S. is subject.to the provisions of Chapter 15 of the City Ordinances. 3. A revised preliminary R.L.S. indicating the exact location of the relocated 40 foot utility and sidewalk easement shall be submitted prior to City Council review. 4. Existing easement documents for utilities and sidewalk shall be revised in accordance with the plat revisions. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:30 p.m. and resumed at 8:.59'p.m. PRESENTATION OF THE REVISED COMPREHENSIVE PLAN BY BRW Following the recess, Mr. Bill Weber of Bather, Ringrose and Wolsfeld Engineering firm, the City's Planning Consultant, presented the Commission with copies of the revised Comprehensive Plan for Brooklyn Center. He encouraged the Planning Commission to establish a public hearing in October. He also stated that language changes proposed during those public hearings could be included with the changes made by the City Council before a final draft was put together for submission to neighboring municipalities. He stated that the plan must be sub- mitted to Metropolitan Council by June 27, 1980 and that the present timetable would meet that deadline. 9-27-79 -5- REVIEW OF THE PROPOSED FLOOD PLAIN ORDINANCE Mr. Weber then directed the Commission's attention to a proposed Flood Plain Ordinance prepared in response to the requirements of the Critical Area Plan. He explained that the Flood Plain Ordinance establishes three districts: 1. The floodway district which would be the area within a certain flood level determined by the National Flood Insurance Study. 2. The flood fringe district, an area bordering on the floodway district which would limit development and thereby the potential debris which might cause damage downstream in the event of a flood. 3. The general flood plain district which includes the previous two zones. Mr. Weber stated that the ordinance requires that any structures built in the flood fringe district must be one foot above the 100 year flood level. He stated that the floodway and flood fringe districts both have permitted and conditional uses. He referred the Planning Commission and staff to Sections 4.3 and 5.2 of the proposed Flood Plain Ordinance for standards to evaluate conditional uses in these districts. The Secretary asked whether the conditions for variances are the same in the Flood Plain Ordinance as in the City Zoning Ordinance. He stated that the City has taken a hard stance on variances in the past and would expect any language in the Flood Plain Ordinance to reinforce that stance. Mr. Weber responded that he felt the language in the Flood Plain Ordinance was equally restrictive. Chairman Pierce noted that Section 5.31 prohibits vehicular access below two feet below flood level. He wondered whether a situation might exist where a tract of land above flood level could only be developed if access were provided through an area which was below two feet below flood level. Mr. Weber answered that the Planning Commission and City Council would be free to make discretion- ary judgments in such cases. DISCUSSION OF THE -REVISED COMPREHENSIVE PLAN Mr. Weber referred the Commission's attention to various alterations made in the original draft of the Comprehensive Plan. The Secretary noted that the up- dated Comprehensive Plan does not include a breakdown of various neighborhoods as included in the previous plan. He suggested those parts of the present Com- prehensive Plan which are still relevant should be included in the updated plan. Mr. Weber responded that this was feasible and that the present Comprehensive Plan could be continual where it does not conflict with the new Plan. The Secretary recommended that the Planning Commission hold a public hearing on the proposed plan on October 25, 1979 at their monthly study session. He stated that staff would send notices to all interested parties and publish a general notice in the Brooklyn Center Post. He added that staff would bring before the Planning Commission the plans for neighboring cities to check on compatibility with the Brooklyn Center Plan over the coming months. He encouraged the Plan- ning Commission to look closely at the proposed plan and to make suggestions. 9-27-79 -6- 001 PUBLIC HEARING .Motion -by Commissioner Hawes seconded by Commissioner Erickson to set October 25, 1979 as the public hearing date for review of the Comprehensive Plan. The public hearing is to be held in the Council Chambers at 7:30 p.m. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed. OTHER DISCUSSION ITEMS The Secretary referred the Commission to a draft ordinance amendment to add a footnote number 10 to Section 35-400 of the Zoning Ordinance. He recalled for the Commission the case of the plat for eleven single family homes roughly at the intersection of Xerxes Avenue North and Interstate 694. He stated that in that case the Planning Commission felt that rear yard setbacks should be 50 feet from major thoroughfares as would be required for front and side corner yard setbacks. The Planning Assistant added that the proposed amendment would resolve the question of buildability of a number of parcels abutting the freeway-. The Secretary noted that the draft included berms as possible substitutes for the 50 foot setback and commented that this would not be appropriate for front yards. He encouraged the Commission to review the draft and be ready to make a recom- mendation at the next Planning Commission meeting. ADJOURNMENT Motion by Commissioner Hawes seconded by Commissioner Manson to adjourn.the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commis- sioners Malecki, Hawes, Manson and Erickson. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 9:47 p.m. 9-27-79 -7- Chairman Application Nos. 79057 and 79058 (Medtronic) The Secretary explained that the application submitted by Construction Analysis and Management for Medtronic comprehending site and building plan approval and preliminary R.L.S. approval for a 53,000 square foot addition to fts existing plant at 6700 Shingle Creek Parkway are not in order at the present time because of the need to settle an easement encroachment. The Secretary explained that the proposed addition encroaches on a utility easement by at least 8 feet and that such an encroachment must be eliminated either by moving the easement or redesigning the building. Either alternative will take additional time to settle, he said. -ACTION TAELINIG APPLICATION NOS. 79057 and 79058 (Medtronic) Motion by Corn,uissioner Lucht seconded by Commissioner Erickson to table Appli- cation Nos. 79057 and 79058 site and building plan and R.L.S. approval for a 53,000 square foot addition to the existing Medtronic plant at 6700 Shingle Creek Parkway until such time as the easement encroachment is resolved. Voting in favor: Chairman Pierce, Commissioners Malecki, Hawes, Manson, Lucht -and Erickson. Voting against: none. The motion passed.