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Home My WebLink About2008 11-20 PCP x I THE BOOK • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 20, 2008 SPECIAL SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes - November 13, 2008 4. Chairperson's Explanation The Planning Commission is 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. 5. Osseo Independent School District No. 279 2008 -008 Request for Special Use Permit Amendment for parking lot screening. This item was . considered by the Commission at a public hearing on October 30, 2008 and was tabled so that the plans could be resubmitted to include possible modiications. 6. Other Business 7. Adjournment • Application Filed on 10 -21 -08 City Council Action Should Be Taken By 12 -20 -08 (60 Days) Planning Commission Information Sheet Application No. 2008 -008 Applicant: Osseo ISD No. 279 Location: 7020 Perry Avenue North (Willow Lane School) Request: Special Use Permit Amendment The applicant, Dale Carlstrom, Director of Facilities and Transportation Operations, on behalf of PP P the Osseo Independent School District No. 279, is seeking a Special Use Permit for parking lot screening to convert a bituminous area primarily used for outdoor basketball to a parking facility at the Willow Lane Elementary School site, 7020 Perry Avenue North. This application was reviewed by the Planning Commission and a public hearing conducted on October 30, 2008 at which time the matter was laid over to give the School District time to consider a modified P lan that would shift the entrance to the parking lot to the south as was suggested during the meeting. (See Planning Commission Information Sheet dated October 30, 2008 and the Planning Commission minutes from that date for additional information, attached.) It was suggested during the public hearing portion of the meeting that the School District consider shifting the entrance to the 70 intersection area. The public hearing was closed • at that meeting and the school district was requested to review such a possible relocation. The city staff including myself, the Community Development Director, the Community Activities, Recreation and Services Director (CARS) Jim Glasoe and Engineering Tech Bruce Johnson met with Mr. Carlstrom to discuss possible modifications that would shift the entrance as was suggested. Such a location would have necessitated relocating a trail, a crosswalk and possibly a ball field to accommodate the plan. It would have also required approval by the City Council following review and recommendation from the Park and Recreation Commission to grant access over city park property to the parking lot and the modifications suggested. This did not seem like a desirable proposal given the changes that would need to be made and recent land shifts between the City and the School District. It was suggested as an alternative that the new entrance to the parking lot be shifted about 30 ft. or so to the south so that it would be directly across the street from the property line separating 7001 and 7007 Perry Avenue North avoiding direct headlight glare from the site to the home at 7007 Perry. The home at 7001 Perry faces 70 Avenue North and the plan was not considered a major disruption to these two properties. No additional hard surfaced area other than that needed to accommodate the shifting of the driveway would be needed. Twenty six, rather than 28 spaces would be provided given the proposal. Berming and landscaping would be extended to the south to screen the parking lot and an additional Colorado Blue Spruce Tree plus 12 more Blue Chip Junipers would be added at the top of the berm for screening purposes. The driveway and parking lot would be completely within the school district's property, not requiring any formal easement from the City and no 11 -20 -08 • Page 1 review necessary through the Park and Recreation Commission. The Planning Commission also requested review regarding whether the Adult Education Is Program to be conducted at Willow Lane School is consistent with allowable uses of the property. The Commission is aware that K -12 uses are not allowed in Commercial zoning districts, however, the converse of this is not necessarily the case. Programs operated by the School District within their facilities such as community education programs and other programs have been acknowledged over the years as allowable uses within the parameters of the uses acknowledged in the zoning ordinance. It would be the same for the Adult Education uses proposed at Willow Lane School. Approval of the Special Use Permit Amendment, in this case, should acknowledge the expanded use of the school for this purpose. Mr. Carlstrom has established a neighborhood informational meeting for 7:00 p.m. on Tuesday evening at the Willow Lane School to review the proposed modifications and seek neighborhood comment. We will be prepared to review that meeting at the Commission's Thursday evening meeting. Informational notices have been sent to those receiving notice of the Planning Commission's October 30, 2008 public hearing. As mentioned previously, the public hearing was closed at that meeting, but could be reopened if the Commission chooses. RECOMMENDATION We believe the modifications are acceptable alternatives and the screening plans acceptable as appropriate screening for a parking lot across the street from residential property. We, therefore, . recommend approval of the application subject to the following conditions: 1. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35 -711 of the city's zoning ordinance. 2. The Special Use Permit Amendment acknowledges adult education uses as appropriate uses within the zoning classification of the city's zoning ordinance. 3. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of permits for the project. 4. Building permits for the proposed parking lot improvements are subject to the approval of the Building Official prior to the issuance of building permits. 5. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 6. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 11 -20 -08 Page 2 • 7. The Special Use Permit Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 8. Lighting on the property shall be consistent with Section 35 -712 of the City Ordinances with respect to light intensity and avoidance of light glare. • 11 -20 -08 • Page 3 7 PERRY CT. W. ` 3 PERRY PL E d. 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The property in question is zoned R -1 (One Family Residence) and is bounded on the north by R- 1 zoned property containing single family homes; on the east by C -1 (Service /Office) zoned property containing the school district's recently constructed Adult Basic Education facility; on the east and south by R -1 zoned property containing the city's Willow Lane Park; and on the west by Perry Avenue with single family homes on the opposite side of that street. Elementary and secondary schools as well as daycare facilities are special uses in the R -1 Zoning district. Willow Lane Elementary School has not been used as a traditional elementary school for a • number of years. Early Childhood Education and other types of school programs have been operated by the school district in this facility over the years. The school district and city operate under an agreement whereby school facilities and Willow Lane Park are shared. Land was swapped between the school district and the city when the Adult Basic Education Facility at 7051 Brooklyn Boulevard was developed a few years ago. BACKGROUND The school district plans to convert the bituminous basketball /play area on the south side of the school building to a parking facility to accommodate some of the expanded educational programs to be conducted at Willow Lane Elementary. This will involve replacing the blacktop with a full depth bituminous surface and appropriate base for a parking surface which will be surrounded by B -612 concrete curb and gutter. The facility will provide parking for 28 vehicles with access to the parking lot from a new, approximate 24 ft. wide, driveway off Perry Avenue at the southwesterly corner of the parking lot. The Engineering Department has reviewed the plans and finds the proposal to meet parking lot standards, curb and gutter requirements as well as drainage requirements for such a facility. Because there will be no appreciable increase in hard surface area, no Watershed Management Commission approval or ponding areas are required. 10 -30 -08 • Page 1 LANDSCAPE SCREENING Section 35 -711 of the zoning ordinance requires all open off street parking areas having more than six parking spaces which abut along a street which is residentially zoned on the opposite side of that street to be screened from street view by a screening device as approved by the City Council. Typically this has involved the use of landscape screening that will provide screening up to a height of two to three feet primarily to avoid light glare from the automobiles utilizing the facility. The district plan involves the removal of a concrete sidewalk leading from the city sidewalk to the building and also removal of some trees in this location. They plan to build a three foot high berm along a large portion of the parking lot that will contain 18 Blue Chip Juniper planted atop the berm. Three Colorado Blue Spruce that will be seven feet high at the time of planting will be located in the area where the berm drops. They also plan to plant four, two ' /z inch diameter Northfire Maple trees to replace the Ash trees that will need to be removed to accommodate the proposed improvements. Two of these will be at the south corner of the parking lot and two in the green area between the parking lot and the city sidewalk. The plan seems to provide appropriate screening comparable to other screening plans throughout the city. LIGHTING The plan also includes three freestanding parking lot security lights, two to be located on the east side and one on the south side of the parking lot. The light poles will be 25 ft. high and shall be provided with lenses, reflectors or shades to concentrate light on the site to be consistent with Section 35 -712 of the city zoning ordinance. That section of the ordinance limits light intensity to no greater than three foot candles at the property line in residential areas and also prohibits light glare. The photometric plan shows foot candles from the light poles to be no greater than .5 foot candles at the property line and the fixtures will direct light down on the site and avoid off • site glare. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this Special Use Permit Amendment and notices to surrounding property owners have been sent in accordance with the requirements of the city's zoning ordinance. Attached for the Commission's review is a copy of Section 35 -220 containing the Standards for Special Use Permits. These standards require that the proposed special use and any subsequent amendment, promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located: The existing school has been at this location for over 50 years. The modifications proposed and the parking lot screening appear to be appropriate. The proposal will not be detrimental to or endanger the public health, safety, morals or comfort. We do not believe that the amendment will be injurious to other property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. Furthermore, we believe that adequate measures have been taken to provide appropriate screening of the newly proposed parking facility consistent with Section 35 -711 of the zoning 10 -30 -08 Page 2 0 ordinances. Also, the parking lot and screening will conform with the applicable regulations of the district in which it is located. As mentioned, a ublic hearing has been scheduled and notices of the Planning Commission's P g consideration have been sent to surrounding property owners. RECOMMENDATION Approval of this Special Use Permit Amendment is recommended subject to at least the following conditions or considerations: 1. The Special Use Permit Amendment acknowledges appropriate parking lot screening consistent with Section 35 -711 of the city's zoning ordinance. 2. Grading, drainage, curbing and parking lot plans are subject to review and approval by the City Engineer prior to issuance of permits for the project. 3. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 4. All work performed and materials used for construction of parking lot, sidewalk and curb and gutter improvements, shall conform to the City of Brooklyn Center's current Standard Specifications and Details. • 5. The Special Use Permit Amendment is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 6. Lighting on the property shall be consistent with Section 35 -712 of the City Ordinances with respect to light intensity and avoidance of light glare. II 10 -30 -08 Page 3 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 OCTOBER 30, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:10 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Michael Parks and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca. Crass. Commissioners Stan Leino, Rachel Lund and Della Young were absent and excused. APPROVAL OF MINUTES — JULY 31, 2008 There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to approve the minutes of the July 31, 2008 meeting as submitted. The motion passed unanimously. • CHAIR'S EXPLANATION Chair Rahn 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. 2008 -008 OSSEO INDEPENDENT SCHOOL DISTRICT NO. 279, Chair Rahn introduced Application No. 2008 -008, a request for Special Use Permit Amendment for parking lot screening. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 10 -30 -08 for Application No. 2008 -008, attached.) Mr. Warren explained that the Osseo Independent School District No. 279 is seeking a Special Use Permit Amendment for parking lot screening to convert a bituminous area primarily used for outdoor basketball to a parking facility at the Willow Lane Elementary School site, 7020 Perry Avenue North. He noted that the Willow Lane Elementary School has not been used as a traditional elementary school for a number of years. Early Childhood Education and other types of school programs have been operated by the school district in this facility over the years. The school district and city operate under an agreement whereby school facilities and Willow Lane Park are shared. Land was swapped between the school district and the city when the Adult Basic Education Facility at 7051 Brooklyn Boulevard was developed a few years ago. • Page 1 10 -30 -08 The Commissioners asked Mr. Warren various questions regarding clarification on what was being reviewed by the Planning Commission under Application No. 2008 -008. Mr. Warren explained that parking lot screening approval is what is before the Planning Commission for review and possible recommendation to the City Council. This process involves review of the parking lot screening proposed under the Special Use Permit Amendment, however, other aspects of the plan are areas the Commission may comment on as well. PUBLIC HEARING — APPLICATION NO. 2008 -008 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2008 -008, at 7:36 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant Mr. Dale Carlstrom, representing Osseo Independent School District No. 279, introduced himself to the Commission. I Commissioner Roche asked what the need is for this parking lot on the school district site. Mr. Carlstrom explained that the use of Willow Lane School has changed over the years and is primarily an early childhood and enrollment building. He also pointed out that they have relocated some of the programs located within the Adult Basic Education building. Some people use both buildings and are dropping off children at one building and crossing through the parking lot to the other building. He added the change in the parking lot is related to security reasons and to keep pedestrians safe when crossing from one building to another. He explained that the • School District felt this was a good opportunity to make security improvements to the site by adding additional lighting to the parking lots since they have had some vandalism on the site. Chair Rahn noted that some of the parking lot improvements had already been started and asked the applicant why work had been started without a permit. Mr. Carlstrom explained that since this was a smaller project, the architect was not as involved as with larger projects and the role of city approvals and permit applications was with the school district and he admits they made a mistake in not getting the permits. Commissioner Parks made recommendations to the applicant regarding possible alterations and changes to the site regarding drainage, curbing and landscaping. He also stated that he feels that adding the berm is a good idea to provide screening from the residential area across the street. Terry McDevitt, 7007 Perry Avenue North, stated that she feels the location of the new proposed driveway at the school is directly across the street from her driveway and she feels that will be a problem. She also stated that the existing parking lot for the Adult Basic Education building on Brooklyn Boulevard is not used to its full extent and questions why this parking lot is being added. She also feels that the school district should have contacted the neighbors with their proposal. Page 2 • 10 -30 -08 a Marie Egnell, 7013 Perry Avenue North, stated that she lives across from where the proposed berm will be and her concern is with the location of the proposed driveway at the school. She says there is little street parking used by the school and the proposed location of the parking lot is unsafe since it is at the edge of the playground. She also feels that the school district should have contacted the neighbors in the area with their plan. Joann Herman, 7001 Perry Avenue North, feels this proposal is unwarranted with the amount of parking space available at the north end of the property. She also stated that she thinks the work was started early on purpose. Commissioner Roche addressed the applicant and stated that he is disappointed that this work was started without a permit. He stated that he feels there are some potential safety issues with the layout on the site. He asked the applicant why the adults are separated from the early childhood center and is the parking lot open to the public? Mr. Carlstrom stated that the parking lot is open to the public and also explained the different programs offered at the two buildings. He added that they have a huge responsibility of knowing who is coming in to the buildings and providing safety and security. He added that by laying it out in the manner proposed, they believe safety issues can be met. Mr. Warren explained that the current layout of parking on the Adult Basic Education site was designed based on the square footage of that building. He added that there is a second portion of the building that is yet to be constructed and will be occupied by CEAP. The city wanted to make sure that the two parking lots for the Willow Lane School and the Adult Education facility • were separated to avoid unwanted traffic through the residential neighborhood. He also stated that the city encourages on -site parking rather than on street parking. Mr. Warren also explained that the city prefers to have driveways lined up across from each other and 28 additional parking spaces isn't really going to have a significant affect on traffic in the area. Commissioner Kuykendall stated that she has a concern with the amount of traffic using this additional driveway but doesn't see a better location for the driveway on the site. Commissioner Kuykendall asked Mr. Warren for further clarification on specifically what the Planning Commission is approving. Mr. Warren stated that the Planning Commission is approving the screening proposed on the plan and allowed under the Special Use Standards, not the addition of the parking lot. He pointed out that without the addition of parking on site, there would be on street parking by people using the Willow Lane School facilities. Ms. Egnell stated again that she feels it is not a good thing to add a parking lot on the south end of the property. She also stated that the original parking lot for the Willow Lane School was expanded about five years ago. Ms. Egnell feels that the district has done poor planning. Mr. Carlstrom explained that CEAP was not going to utilize the third floor of the Adult Education Building but were still planning to complete their portion of the building. He added that the decision was made to move the enrollment center to the building on Brooklyn • Page 3 10 -30 -08 Boulevard, out of the Willow Lane School, to allow better access to those that rely on public transportation. This created the need to move each of the services provided to different floors and has allowed the school district to use the buildings to the best of their abilities. Mr. Carlstrom further explained that they have taken some of the Adult Education related to the Early Childhood program and put it into the Willow Lane School. Stevi Biedinger, 3803 Goldflower Circle, Brooklyn Park, asked the applicant how the school district monitors who uses the parking lot and do they charge for parking? Mr. Carlstrom stated that anyone can use the parking lot and they do not charge to park. Commissioner Kuykendall discussed if moving the adult education programs to the Willow Lane School violates the special use permit standards. Mr. Warren responded that it is possible that the special use permit standards would need to be reviewed to determine if they are being met with this aspect of the use of the facility. Commissioner Kuykendall asked staff to review the special use permit standards related to the changes proposed in the two school district buildings. Ms. McDevitt stated that the special use standards state that a proposed use should not reduce property values and she feels that the glare from cars across the street will reduce her property value. Mr. Warren explained a case from many years ago where a study was done on the diminishing of property values based on a proposed group home use in a residential area. The study concluded that that did not lower the property values. He doubted the traffic would rise to the level of directly causing the devaluing of property values. He also stated that the current • economy situation would have a more negative effect on property values than the proposed use by the school district. Chair Pro Tern Roche asked the applicant when they propose to start construction. Mr. Carlstrom stated that would depend on the weather. Andrew Andruski, 440 Carkoski Commons, Mankato, asked if it is possible to reroute the entrance to the parking lot to the south closer to 70"' Avenue to create better flow on the site and to showcase some of the park features since the parking lot is also used for the park. There was further discussion by the Commission and the applicant regarding possible relocation of the driveway and the addition of a fence around the play area located next to the new parking lot. It was the general consensus of the Planning Commission to table the application so that plans can be amended and resubmitted to the Planning Commission. No other persons. from the public appeared before the Commission during the public hearing on Application No. 2008 -008. Page 4 • 10 -30 -08 CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Roche, to close the public hearing on Application No. 2008 -008, at 9:01 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. There was none and the matter will be reviewed further at a subsequent meeting. DISCUSSION ITEMS AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGRDING THE SALE OF MOTOR VEHICLES Mr. Warren explained an ordinance amendment being considered by the City Council regarding the sale of motor vehicles. Mr. Warren pointed out that the city attorney had noted that the provision that required a structure for a motor vehicle dealer be equal to twice the value of the land was not a defensible position and it was suggested that that provision be deleted from the ordinance and replaced with a minimum land area and a maximum building size. Mr. Warren stated that the City Council is considering an amendment to Chapter 23 (Licensing) as well as Chapter 35 (Zoning). Traditionally the Planning Commission reviews and comments on zoning ordinance amendments. There was discussion by the Planning Commission and they stated no objections to the proposed ordinance amendment. PLANNING COMMISSION TERM EXPIRATIONS Mr. Warren stated that the following Commission members term's expire on December 31, 2008: Chair Sean Rahn, Commissioners Kuykendall, Leino and Young. It is recommended that they notify Mr. Warren of their intent to continue to serve on the Planning Commission for another two years. Chair Rahn and Commissioner Kuykendall expressed their interest in continuing to serve on the Planning Commission. Commissioner Parks stated that he would like to bring in an expert on Engineering and conservation to address the Planning Commission at a future meeting. OTHER BUSINESS Commissioner Kuykendall asked for clarification on what is expected with attendance as a Commissioner on the Planning Commission. Mr. Warren explained that two unexcused absences could warrant removal from the Commission. Commissioner Kuykendall stated that she feels that there are several members who seem to have excessive absence and do not attend meetings. Mr. Warren stated that attendance is important and it would be appropriate for the Chair to comment and advise the Mayor regarding a Commission member who is not attending meetings. There was no other business. is Page 5 10 -30 -08 ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:27 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 • 10 -30 -08