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HomeMy WebLinkAbout2006 09-28 PCM 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 28, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:05 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Sean Rahn, 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 Gary Ford and Rachel Lund were absent and excused. Commissioner Michael Parks was absent and unexcused. APPROVAL OF MINUTES — AUGUST 17.2006 There was a motion by Commissioner Graydon Boeck, seconded by Commissioner Roche, to approve the minutes of the August 17, 2006 meeting as submitted. The motion passed. 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. 2006 -011 HARVESTIME GLOBAL MINISTRY Chair Willson introduced Application No. 2006 -011, a request for Special Use Permit approval to allow a church use in an I -1 zone at 6820 Shingle Creek Parkway. The proposed use is a permitted use in the C -1 and C -2 zoning districts. This use is also an allowable use in the I -1 zone through the special use permit process. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 9 -28 -06 for Application No. 2006 -011, attached.) PUBLIC HEARING — APPLICATION NO. 2006 -011 There was a motion by Commissioner Rahn, seconded by Commissioner Boeck, to open the public hearing on Application No. 2006 -011, at 7:30 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Ms. Hawa Diggs, 10015 Elm Avenue North, Brooklyn Park, representing the applicant Harvestime Global Ministry addressed the Commission. Commissioner Rahn inquired if the 09 -28 -06 Page 1 applicant would be doing any cooking on site associated with the use of the fellowship area. The applicant responded that they use a catering service. Commissioner Roche asked when the church became incorporated. Ms. Diggs responded that they were incorporated in December 2004. She added that their pastor has traveled worldwide and the size of their membership is 90. Commissioner Roche asked for confirmation that the church is non - denominational. Ms. Diggs confirmed that they are non - denominational. Chair Willson asked how the church is structured. Ms. Diggs responded that there is a pastor, assistant pastor, committees, administration and finance persons, the same as any other church structure. Ms. Holly Beckstrom, 4059 Penn Avenue North, introduced herself to the Commission and stated she is one of the pastors of Harvestime Global Ministry and is here to show support for the application. No other persons from the public appeared before the Commission during the public hearing on Application No. 2006 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Roche, seconded by Commissioner Boeck, to close the public hearing on Application No. 2006 -011, at 7:39 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Roche asked about the current vacancy rate in the building that the applicant is proposing to occupy. Mr. Warren responded that the plan submitted appears to show three other vacant spaces in the building. Commissioner Roche asked for further clarification on whether or not this use makes the building tax exempt. Mr. Warren explained that the owner pays taxes on the entire building and allowing this use would not make the building tax exempt. He also pointed out that zoning and tax law are two separate issues and an application cannot be denied based on the fact that it might create a tax exempt situation. Commissioner Rahn asked if there were any adult uses in the Industrial zone. Mr. Warren responded that there are not. He further explained that if an adult use were proposed in the same building it could not be denied based on the fact that the church use had been established in the Industrial zone. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006 -011 — HARVESTIME GLOBAL MINISTRY There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2006 -011, submitted by Harvestime Global Ministry for a Special Use Permit to operate a church in an I -1 zone at 6820 Shingle Creek Parkway, subject to the following conditions: 09 -28 -06 Page 2 1. The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city's sign policy with respect to 69 Avenue North. Voting in favor: Chair Willson, Commissioners Boeck, Rahn and Roche. The motion passed unanimously. The Council will consider the application at its October 9, 2006 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. Following the approval of the application there was discussion among the Commission regarding the appropriateness of discussing tax exempt issues related to proposals presented to the Planning Commission during a public hearing. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:10 P.M. Chair Recorded and transcribed by: Rebecca Crass 09 -28 -06 Page 3