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HomeMy WebLinkAbout2011 03-31 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CE NTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 31, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:08 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission/Director of Business & Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Councilmember Carol Kleven, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan was absent and unexcused. Commissioner Leino was absent and excused. APPROVAL OF MINUTES — MARCH 17, 2011 There was a motion by Commissioner Morey, seconded by Commissioner Kuykendall, to approve the minutes of the March 17, 2011 meeting as submitted. The motion passed. 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. 2011 -007 JON VAN EYLL Chair Rahn introduced Application No. 2011 -007, a request for Planned Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow educational and religious uses in the PUD /I -1 zoning district, along with a child daycare operation in conjunction with an educational use for the property located at 6850, 6860 and 6870 Shingle Creek Parkway. Mr. Benetti presented the staff report which describes the proposal including the history and current uses of the building including where the current educational uses are located in the building. Mr. Benetti added that educational uses and church uses are considered special uses in the I -1 industrial zone. He explained that the applicant was asked to identify all of the current such uses on the site and that the process of creating a Master Special Use Permit would capture all of those existing uses. He added that even though the parking lot is approximately 100 spaces short of the ordinance requirement, with the proposed uses of the buildings there will be scattered times of operation which will not create a problem with parking since not all uses occur at the same time of the day. Commissioner Morey asked for more information on the proposed outdoor play area. Mr. Benetti replied that this is a new area that will be used in conjunction with the BC Alternative Learning Center. He added that most similar facilities desire an outdoor play area and that city 3 -31 -11 Page 1 staff will ask for further details on the outdoor play area to assure that it meets all code requirements. Chair Rahn asked for further explanation on a Master Special Use Permit since it has not been used in the past and not part of the current city ordinances. Mr. Benetti replied that the City attorney recommended that this would be an appropriate action to take by creating this Master Special Use Permit since it provides for a very unique Special Use Permit which applies to this property only. Commissioner Parks asked if by granting this Master plan, there will not be a need to create another Special Use Permit in the future for additional uses. Mr. Benetti replied that the city feels that there could be instances that will require an amendment to the Special Use Permit such as an expansion of an educational and church use that would create a need for additional parking on the site and further review by the City. He added that any new educational or church uses would require further review and approval by the Planning Commission. PUBLIC HEARING — APPLICATION NO. 2011-007 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morey, to open the public hearing on Application No. 2011 -007, at 7:23p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. Charles Lemke, representing the Brooklyn Center School District and the alternative educational uses that are proposed for the site, stated that he was here on behalf of the applicant. He stated that he had a couple questions for staff- 1 . The school district may make minor modifications to the building to accommodate the daycare center. Would that create a minor or major alteration to the site? Mr. Benetti responded that there is a standard threshold that references 5% of the building footprint is allowed to be altered. He added that if there are minor interior alterations to the building, the city would accept that if they are located within the area already identified as a current use for the school. 2. Can we also presume that any building permit required could be obtained and not subject to a development agreement? Mr. Benetti responded that permits will be required for any work being done that alters the building. He added that once the Special Use Permit is approved by City Council, permits can be issued. He also stated that he would confirm with the City Attorney to determine if a development agreement would need to be created. Mr. Jeffrey Wirth, Wirth Companies, stated that he was here on behalf of the applicant, Mr. Jon Van Eyll. 3 -31 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -007, at 7:29 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Mr. Parks stated that he felt that a typical condition of approval in the past included a statement about permits being required. Chair Rahn stated that Condition No. 6 covered that requirement. i The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011 -05 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -05 regarding the recommended disposition of Planning Commission Application No. 2011 -007, submitted by Jon Van Eyll for Planned Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow educational and religious uses in the PUD /I -1 zoning district, along with a child daycare operation in conjunction with an educational use for the property located at 6850, 6860 and 6870 Shingle Creek Parkway. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morey, Parks, and Schonning. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -05 is made part of these minutes by attachment. The Council will consider the application at its April 11, 2011 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. APPLICATION NO. 2011-004 — LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT COMPANY, INC. Chair Rahn introduced Application No. 2011 -004, a request from Loren Van Der Slik for Gatlin Development Company, Inc., for Preliminary Plat Approval of Shingle Creek Crossing, the replat of the Brookdale properties. Mr. Eitel explained that this Planning Commission Application No. 2011 -004 had been tabled at the March 17, 2011 Planning Commission meeting. He added that since that time the application had been officially withdrawn by the applicant. He stated that there had been a `gentlemen's agreement' and no one representing the applicant would be in contact with the city before discussions begin for the April 14, 2011 Planning Commission meeting. 3 -31 -11 Page 3 DISCUSSION ITEMS CONTINUED REVIEW OF CITY COUNCIL GOALS AND THE 2010 PLANNING COMMISSION AGENDAS IN PREPARATION FOR THE APRIL 6 TH JOINT COUNCIL /COMMISSION MEETING Mr. Eitel reviewed a PowerPoint presentation for the April 6 th joint meeting with the City Council and Commissions which emphasized the Planning Commission's achievements over the last few years. There was further discussion among the Commission regarding past and future development plans for the City. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:02 p.m. ,Zke 1C--- I Chair Recorded and transcribed by: Rebecca Crass 3 -31 -11 Page 4