HomeMy WebLinkAbout2003-018 - 5000 A,B,C,D France Ave. N0 -14-c 3
Date Received
City of Brooklyn Center
Planning Commission Application
Application No. a0o--� -- rl
Address/Street Location of Property 5-6Z)0 ig, , G� ►� F,a, A, / V
Legal Description of Property Se e St; r
�Zct r�,� Phone No. -7 Z
Owner ��• ��.,:�� � V��< �9% -�i��- (d��
Address S8 Lj Z� v „ 4 4, S , riots ,J /A N - syl9
Applicant aah Ga„rrv.
Address 5-e Z 1 �Tv,V •� Q,, S KO )" . Al ni 5V/ t9
Type of Request: F1 Rezoning Variance
Subdivision Approval 11
F1 Other:
Phone No. 6(Z- 4--1/ ` - (0y7Z
Special Use Permit
Site & Building Plan Approval
Description of Request: L're
Application Fee $ , , Acct No. 10100-4403 Receipt No.
The applicant requests processing of this application and agrees to pay to tha 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 application fee described herein.
Withdrawal of the application will not relieve the applicant of the bligation to pay costs incurred prior to
withdrawal. ! ----I
�eck.v. 67 a
Applicant (Please Print) Applicant's Signature
PLANNING COMMISSION RECOMMENDATION
Dates of P. C. Consideration: A-5 -0 3
Approved Denied
following conditions:
this day of °��%� �,� �, 20 , subject to the
Chairman
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CITY COUNCH ACTION
Dates of Council Consideration: lJ 3 0 3
Approved Denied this day of 20 with the following
amendment:
Clerk
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
p_ -
City of Brooklyn Center
A Millennium Community
November 20, 2003
Mr. Dean Gannon
Mr. Michael Nightingale
5821 Irving Ave S
Minneapolis MN 55419
Dear Mr. Gannon and Mr. Nightingale:
This letter is to inform you of the action taken regarding Planning Commission Application No.
2003-018. 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. 2003-018
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430-2199 (763) 569-3400
City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434
FAX (763) 569-3494
www.cityolbrooklyncenter.org
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
SEPTEMBER 25, 2003
STUDY SESSION
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson lat 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne
Reem were present. Also present were Secretary to the Planning Commission/Planning and
Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca
Crass. Commissioners Graydon Boeck and John Whitehead were absent and unexcused.
APPROVAL OF MINUTES — SEPTEMBER 11, 2003
There was a motion by Commissioner Newman, seconded by Commissioner Rahn,
to approve the minutes of the September 11, 2003 meeting as submitted. The motion passed.
Commissioners Erdmann and Reem abstained as they were not at the meeting.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 2003-018 — DEAN GANNON
Chair Willson introduced Application No. 2003-018, a request from Dean Gannon seeking
Preliminary Plat approval to divide the townhouse development at the northeast corner of 50''
and France into four lots and a common area so the units can be individually owned.
Mr. Warren presented the staff report describing the location of the property and the proposal.
(See Planning Commission Information Sheet dated 9-25-03 for Application No. 2003-018 and
the Director of Public Work's memorandum dated 9-19-03, attached.) The property under
consideration is a singe lot, addressed as 5000 France Avenue North and currently contains four
attached townhomes. The proposal for this townhome development was approved by the City
Council under Planning Commission Application No. 2003-003 on February 10, 2003.
Page 1
9-25-03
PUBLIC HEARING — APPLICATION NO.2003-018
There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open
the public hearing on Application No. 2003-018, at p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
The applicant, Mr. Dean Gannon, stated that he is in complete agreement with the conditions of
approval as required with the filing of the final plat.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2003-018.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the
public hearing on Application No. 2003-018, at 7:43 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.2003-018 DEAN
GANNON
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to
recommend to the City Council that it approve Application No. 2003-018, submitted by Dean
Gannon, for Preliminary Plat approval to divide the townhouse development at the northeast
corner of 50th and France into four lots and a common area so the units can be individually sold.
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 applicant shall dedicate for right of way purposes a triangular area of
approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the
City Engineer. This dedication shall be shown on the final plat.
4. A 5 ft. wide drainage and utility easement shall be provided along the east and
west property lines and shall be shown on the final plat.
Voting in favor: Chair Willson. Commissioners Erdmann, Newman, Rahn and Reem. The
motion passed unanimously.
The Council will consider the recommendation at its October 13, 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.
OTHER BUSINESS
There was discussion by the Commission about various vacant sites around the city and any
potential redevelopment.
There was no other business.
Page 2
9-25-03
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting
adjourned at 7:55 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
Page 3
9-25-03
City Manager Michael McCauley discussed that this ordinance amendment would remove
inconsistent language as part of the process for administering all liquor licenses.
A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public
Hearing. Motion passed unanimously.
ORDINANCE NO.2003-15
Councilmember Peppe introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING SECTION 11-506 OF THE BROOKLYN CENTER CODE OF
ORDINANCES REGARDING CLUB INTOXICATING LIQUOR LICENSE. INVESTIGATION
FEES
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody. Motion passed unanimously.
10. PLANNING COMMISSION ITEM
10a. PLANNING COMMISSION APPLICATION NO.2003-018 SUBMITTED BY
DEAN GANNON. REQUEST FOR PRELIMINARY PLAT APPROVAL TO
DIVIDE THE TOWNHOUSE DEVELOPMENT AT THE NORTHEAST
CORNER OF 50TH AND FRANCE INTO FOUR LOTS AND A COMMON
AREA SO THE UNITS CAN BE INDIVIDUALLY OWNED. THE
PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS
APPLICATION AT ITS-SEPTEMBER 25, 2003, MEETING.
Planning and Zoning Specialist Ron Warren outlined Planning Application No. 2003-018 submitted
by Dean Gannon requesting for preliminary plat approval to divide the townhouse development at
the northwest corner of 50'' and France Avenue into four lots and a common area so the units can be
individually owned. He informed that the Planning Commission recommended approval of Planning
Commission Application No. 2003-018 subject to the following conditions:
I . 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 applicant shall dedicate for right of way purposes a triangular area of
approximately 15 ft. by 15 ft. at the southwest corner of the site as required by the
City Engineer. This dedication shall be shown on the final plat.
10/13/03 -6-
4. A 5 ft. wide drainage and utility easement shall be provided along the east and
west property lines and shall be shown on the final plat. .
A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning
Commission Application No. 2003-018 subject to the above four conditions. Motion passed
unanimously.
11. COUNCIL CONSIDERATION ITEMS
11a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR
THE DEDICATED PUBLIC SERVICE OF KATHY WIRTANEN
Mayor Kragness read the Resolution Expressing Recognition and Appreciation for the Dedicated
Public Service of Kathy Wirtanen.
RESOLUTION NO.2003-152
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED
PUBLIC SERVICE OF KATHY WIRTANEN
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
11b. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION
FOR THE DEDICATED PUBLIC SERVICE OF HENRY DORFF
Mayor Kragness read the Resolution Expressing Recognition of and Appreciation for the Dedicated
Public Service of Henry Dorff.
RESOLUTION NO.2003-153
Councilmember Peppe introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF HENRY DORFF
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Carmody. Motion passed unanimously.
10/13/03 -7-
Application Filed on 9-4-03
City Council Action Should Be
Taken By 11-03-03 (60 Days)
Planning Commission Information Sheet
Application No. 2003-018
Applicant: Dean Gannon
Location: 5000 France Avenue North
Request: Preliminary Plat
The applicant, Dean Gannon, is seeking preliminary plat approval to divide the townhouse
development located at the northeast corner of 50t' and France Avenue North into four lots and a
common area so the units can be individually owned.
The property under consideration is a single lot, addressed as 5000 France Avenue North, zoned
R-4 (Multiple Family Residence) and currently contains four attached townhomes. It is bounded
on the north by R-1 zoned property containing a single family home; on the east by R-4 zoned
property containing a multiple family dwelling; on the south by 50th Avenue North with I-2
(General Industry) zoned property housing various industrial uses on the opposite side of the
street; and on the west by France Avenue also with I-2 zoned property and uses on the opposite
side of that street. The proposal for this townhome development was approved by the City
Council under Planning Commission Application No. 2003-002 on February 10, 2003.
Construction of the townhomes has recently been completed and the owners wish to have the
ability to sell the individual townhomes'separately.
The proposed plat, to be known as the 5000 France Avenue Addition, would create four lots
(Lots 1, 2, 3 and 4) each of which would be 27.33 ft. by 56 ft. (1,531 sq. ft.) and a common area
(Lot 5) of 13,851 sq. ft. The property lines would separate each of the units along the common
walls. The four townhome lots would contain some land area both east and west of the units
themselves. Most of the driveways serving the units would be part of Lot 5 (the common area).
Each of the owners of Lots 1 through 4 would own an equal interest in the common area, which
would be controlled by the association documents which would be filed as a Declaration of
Covenants and Restrictions with the title to the property. These documents should be reviewed
and approved by the City Attorney prior to final plat approval.
Density for this townhome site is the same whether the units are owner occupied or not. Density
is based on the overall site including the units and common area and was reviewed at the time the
development was approved. Townhomes are required to have 5,400 sq. ft. of land per dwelling
unit or, in this case, 21,600 sq. ft. of land. The applicant at the time of site and building plan
approval was granted a density credit of 1,000 sq. ft. per unit for having tuck under garages per
Section 35-400, Subdivision lb of the Zoning Ordinance. A total of 17,600 sq. ft. is, therefore,
required for this development.
Page 1
9-25-03
The Public Works Director/City Engineer is reviewing the preliminary plat and will be offering
written comments for the Commission's review. He will be requesting that a sidewalk lying over
the very southwest comer of the site be dedicated as part of the street right of way. This will
reduce the overall area of the plat by less than 200 sq. ft. Also, he will be requiring a 5 ft.
drainage and utility easement along the east, or rear property line and a 5 ft. easement along the
west property line.
A public hearing has been scheduled for this preliminary plat and notice of the Planning
Commission's consideration has been published in the Brooklyn Center Sun/Post.
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 applicant shall dedicate for right of way purposes a triangular area of
approximately 15 ft. by 15 ft. at the southwest comer of the site as required by the
City Engineer. This dedication shall be shown on the final plat.
4. A 5 ft. wide drainage and utility easement shall be provided along the east and
west property lines and shall be shown on the final plat.
Page 2
9-25-03
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DATE: September 19, 2003
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Blomstrom, Director of Public Works
SUBJECT: Preliminary Plat, 5000 France Avenue Addition
Oty of
BROOKLYN
CENTER
The Preliminary Plat titled 5000 France Avenue Addition was reviewed for engineering and
utility issues. The following plan sheets were submitted to the Public Works Department for
review.
1. Sheet 1, Title Sheet, dated September 2, 2003
2. Sheet 2, Existing Conditions Plan, dated September 2, 2003
3. Sheet 3, Preliminary Plat, dated September 2, 2003
The following comments and recommendations are provided for your consideration.
A small portion of the bituminous trail along 50th Avenue crosses onto Lot 5, Block 1 at
the southwest corner of the property. A sidewalk easement for this trail is not on record
with the City Engineering Division. The trail area within the lot must be dedicated as
right-of-way or a sidewalk easement must be established and recorded along with the
final plat. The right-of-way or sidewalk easement dedication must extend from the
southwest property corner to a minimum of 1-foot beyond the outside edge of the existing
trail. This area consists of approximately 110 square feet.
2. The Existing Conditions Plan appears to show that the water service curb stops for the
existing buildings were installed outside of the France Avenue right-of-way. A 5-ft wide
drainage and utility easement shall be established along the western property line.
3. Overhead electric lines are located 3 feet east of the eastern property line. A 5-ft wide
drainage and utility easement shall be established along the eastern property line.
4. A certified abstract or registered property report must be submitted along with the final
plat application.
G:\Depts\Public WorkAEngineering\Development & Planning\5000 France Ave Addition\Prelim Plat Review.doc