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HomeMy WebLinkAbout2005 03-10 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 MARCH 10, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Rachel Lund, Rex Newman, 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. Graydon Boeck and Tim Roche was absent and excused. Sean Rahn was absent and unexcused. APPROVAL OF MINUTES — February 17, 2005 There was a motion by Commissioner Lund, seconded by Commissioner Newman to approve the minutes of the February 17, 2005 meeting as submitted. The motion passed. Commissioner Reem abstained as she was not present 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. 2005 -005 — GREG A. NELSON Chair Willson introduced Application No. 2005 -005, a request for a special use permit to operate the Minnesota Martial Arts Academy in the I -1 (Industrial Park) zoning district (6 840 Shingle Creek Parkway). The Martial Arts Academy is regarded as an "instructional use" which is a special use in the C -1 (Service /Office) zone and a permitted use in the C -2 (Commerce) zone. It is 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 3 -10 -05 for Application No. 2005 -005, attached.) Mr. Warren described the circumstances of Mr. Nelson's request explaining that the City is in the process of acquisition of the shopping center where Mr. Nelson's business is currently located This acquisition requires his martial arts business to relocate. Chair Willson inquired if the special use permit would stay with the property should the applicant leave the site since this is leased property. Mr. Warren stated that the special use permit would remain with the location for the life of the building as long as the same type of use existed and all conditions associated with the special use permit were complied with. 3 -10 -05 Page 1 PUBLIC HEARING — APPLICATION NO. 2005 -005 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to open the public hearing on Application No. 2005 -005, at 7:48 p.m. The motion passed unanimously. Mr. Greg Nelson, 1932 Teton Trail, Brooklyn Park, introduced himself as the applicant. Mr. Nelson explained that they have been asked to vacate their space by April 30 , however, they would not have City Council approval of the special use permit until March 28, 2005. He added they are facing a time crunch since they cannot start renovating their new site until they receive City Council approval and asked about an extension regarding vacating their existing space. Chair Willson responded that an extension might be acceptable but that he was not certain and noted what staff member to contact regarding an extension of their lease. Commissioner Reem inquired about employees at the Martial Arts Center and the hours of operation. Mr. Nelson responded that besides himself there are two paid employees as well as the students. Classes are held on Monday, Wednesday and Friday from 9 a.m. to 12 p.m. They also have an open training session from 11 a.m. to 12 p.m. They offer evening classes Monday through Friday starting at 5:30 p.m. ending by 10 p.m. and are open Saturday from 9 a.m. to 3 p.m. Mr. Nelson added that the space they are proposing to move to will be an expanded space and the Martial Arts Academy will be in a position to expand their services and meet the needs of more people than they do now. Commissioner Reem asked if there would be adequate lighting on the site to provide a safe environment for the students. Mr. Nelson stated that the lighting was also a concern of his and has asked the landlord to make some lighting improvements. i Commissioner Lund inquired about the possibility of retail sales on the site. Mr Nelson explained that only items that would be sold on site would be things used by the student such as uniforms and videos of martial arts instruction. There would be no outside sales to the public. Mr. Warren suggested that an item could be added to the conditions of approval acknowledging that this special use permit is for instructional use only with some incidental sales to the public. There was a consensus among the Commission to add the item to the conditions. i Chair Willson called for comments from the public. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -005. CLOSE PUBLIC HEARING There was a motion by Commissioner Lund, seconded by Commissioner Reem, to close the public hearing on Application No. 2005 -005, at 7:54 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. 3 -10 -05 Page 2 ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -005 — GREG A. NELSON There was a motion by Commissioner Newman, seconded by Commissioner Lund to recommend to the City Council that it approve Application No. 2005 -005, submitted by Greg A. Nelson for a Special Use Permit for instructional use in the I -1 (Industrial Park) zoning district subject to the following conditions: 1. The special use permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts with incidental associated retail sales. No other use, not comprehended by this application shall be permitted. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. The 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 permit 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, Lund, Newman, and Reem and. The motion passed unanimously. The Council will consider the application at its March 28, 2005 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 Chair Willson shared updated information following the second Opportunity Site Task Force meeting. He explained what type of development is being discussed and what proposed housing may exist in the Opportunity Site. A discussion followed by the Commission regarding the Opportunity Site and future meetings. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Lund, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:07 p.m. 3 -10 -05 Page 3 Chair Recorded and transcribed by: Rebecca Crass i I 3 -10 -05 Page 4