Loading...
HomeMy WebLinkAbout2000 06-29 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 JUNE 29, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, John Whitehead, Rex Newman, Dianne Reem, and Graydon Boeck were present. Commissioner Rahn arrived at 7:40 p.m. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES — JUNE 15. 2000 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the June 15, 2000 meeting as submitted. The motion passed unanimously with Commissioner Whitehead abstaining as he was not at that 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. 2000 -014 — ALLEN J. FRANZ Chair Willson introduced Application No. 2000 -014, a request to seek a Planned Unit Development Amendment to construct a 20,670 sq. ft. service /office commercial complex on a 2.28 acre parcel of land that is legally described as Lot 1, Block 1, Shingle Creek 5th Addition and is more commonly identified as 2781 Freeway Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6/29/00 for Application No. 2000 -014 attached.) He explained the activity that has taken place in recent years regarding the property and the two adjacent properties contained in the Shingle Creek 5th Addition. He mentioned that staff generally believes that the proposal will be consistent and compatible with surrounding land uses in the area, and comply fully with the applicable ordinances or be offset by factors related to the plan. Commissioner Boeck questioned condition #10 listed in the proposed resolution enclosed in the staff report. He explained that he would like to see different language where it states that the 06 -29 -00 Page 1 easement and agreement for maintenance is determined by the City Engineer. A brief discussion ensued relative to the language and format for the utility maintenance agreement. Commissioner Boeck suggested changing the language in condition #10 to read "as recommended by the City Engineer." Mr. Warren agreed to this suggestion. Chair Willson asked for a consensus from the Commission on condition #10 in the proposed resolution to use the word "recommended" instead of "determined." Chair Willson indicated the Commission has agreed to the revision. Mr. Warren stated that the change would be made. Commissioner Reem questioned if there is adequate parking available. Mr. Warren stated that there should be adequate parking available because the plan is based on use of the retail parking formula rather than the lesser service /office formula. PUBLIC HEARING — APPLICATION 2000 -014 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2000 -014, at 8:24 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Allen Franz, the applicant, stated that he has been in business since 1965. He explained that they feel strongly about owning their own building and since they have found a nice lot, they would like to pursue it further. He mentioned that the majority of their business is pick -up and delivery, therefore, they wouldn't have a lot of traffic in and out of the site. Chair Willson questioned if he had heard some of the discussion on the parking concerns. Mr. Franz stated that he did hear their concerns and asked that his son speak in response since he is in the process of taking over the business. Bruce Franz, the son of the applicant, stated that he has worked in the business for 15 years. He stated that the reason they are proposing an abundance of parking is so there is room to push the snow in the winter time. He explained that they would like to have the maximum number of parking spaces allowed for a retail setting, even though there is no intention to operate a retail business. In response to a coment and inquiry by Commissioner Boeck, Mr. Bruce Franz stated that one consideration would be to pave the area but not stripe it for parking. He explained that they don't need the parking since they only have 14 employees. He mentioned that they would just like to store snow in that area instead of pushing the snow on the grass. Commissioner Boeck stated that it is a reasonable request, however, the citizens adjacent to the property may feel differently. 06 -29 -00 Page 2 Commissioner Boeck questioned who would establish a proof of parking. Mr. Warren stated there would be an agreement between the City and the developer that is filed with the property. He explained that if there were ever a need for additional off street parking, a notice would be given to the owner to put the parking in within one year. Commissioner Newman stated that the only reason it would come about is if people are parking on the street. Mr. Warren stated the staff is convinced that there would be enough screening provided by the evergreen trees. Commissioner Boeck questioned if it would ever be possible to put a restaurant in this location. Mr. Warren stated it would not be an option based on the recomended condition # 15. Commissioner Reem suggested paving the area, but to avoid painting stripes to designate actual parking. There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to add condition 11 C to the proposed resolution which states: "That the 21 parking spaces on the west side of the property do not need to be striped to discourage parking in this area." The motion passed unanimously. Larry Poplar, the Engineer, introduced himself and offered to answer any questions. He clarified some of the parking concerns and also mentioned that it is possible that they may lose another parking stall. Rose Gordon, 6666 Xerxes Place, mentioned that she would like to see the plan on an overhead projector. She explained that as a neighbor directly across the street, she has concerns with where the snow would be piled and the screening provided. Chair Willson explained that the snow piles would be screened. Ms. Gordon stated that she would appreciate if the commission would consider the view the neighbors across the street will have on the property. She also questioned condition #15 in the proposed resolution. She asked what would prevent this location from ever becoming a strip mall in the future. Chair Willson explained that because it is a PUD there are limited uses and restrictions. He stated that in order to build and develop that area, the developer must follow these stipulations. Commissioner Newman mentioned that condition #14 relating to the development agreement also addresses those concerns. Mr. Warren explained that there is a condition listed that the owner has to agree with. He explained that all the findings are filed with the property and if there were to be a new owner they are in turn subject to these conditions and only have the right to use the property as the 06 -29 -00 Page 3 development agreement states. He mentioned that the only way it could be changed is if the City Council approved the change which could only take place after a public hearing. Mr. Bruce Franz stated that he understands the neighbors. He mentioned that he also has an agreement with Motel 6 which would not allow them to make this a strip mall. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the public hearing on Application 2000 -014, at 8:50 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 RECOMMENDING APPROVAL OF RESOLUTION 2000 -03 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve Resolution 2000 -03 regarding disposition of Planning Commission Application No. 2000 -014 submitted by Allen J. Franz. The motion passed unanimously. The Council will consider the recommendation at its July 10, 2000 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. 2000 -015 - EXODUS COMMUNITY DEVELOPMENT COMPANY Chair Willson introduced Application No. 2000 -015, a request to seek a Special Use Permit to provide a child care operation at the former Brook Park Baptist Church, 4801 63rd Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6 /29/00 for Application No. 2000 -015 attached.) He explained that a partnership of Exodus Community Development Company and Christ Temple have recently acquired the Brook Park Baptist Church property and are planning to continue its use as a church. He stated that they also plan to operate the Imani Child Development Center in the lower level of the church building to provide child care for children 16 months through 11 years of age. Commissioner Newman questioned whether the Special Use Permit is for the owner of the business or the property. Mr. Warren explained that the permit is for the property. Commissioner Reem questioned if there is an entrance or an exit off Perry Avenue. Mr. Warren explained that the only access to the property will be from 63rd Avenue. 06 -29 -00 Page 4 Commissioner Reem questioned if the property would be taxed. Mr. Warren stated since the church is a non - profit organization it would be tax exempt. PUBLIC HEARING — APPLICATION 2000 -015 There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the public hearing on Application No. 2000 -015, at 9:11 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Sylvia Mondane, Director of Exodus Community Development Company, introduced herself and offered to answer any questions. Commissioner Newman questioned if the parsonage facilities would be utilized for uses other than sick children and training. Ms. Mondane stated that there should be no reason to use the parsonage for anything but sick children and training. She explained that they plan to remove the child from the main building until the parent arrives to pick them up. Commissioner Reem questioned if the entrance off Perry Avenue would be used in any way. Ms. Mondane stated it would be rarely be used, if ever. She mentioned that perhaps it would be used if they held a training for employees from other child care facilities. Chair Willson questioned the procedure if a child was ill. Ms. Mondane stated that the child would be signed in and out of the lower level of the church, even if the child is sick and then taken over to the parsonage. Commissioner Reem questioned the number of children the facility will allow. Ms. Mondane stated that the child care facility will be able to care for approximately 32 children. i Commissioner Boeck questioned if everyone on staff will be required to attend the community training. Ms. Mondane explained that they will have 8 -10 employees and all will be required to attend Continuing Education Training. She mentioned that they also plan to open these training sessions to other child care facilities. Commissioner Whitehead questioned what the hours would be of the child care facility and if the training will take place during business hours. Ms. Mondane explained that the child care will be open from 7:00 a.m. to 6:00 p.m. She also mentioned that there could be some training that would take place after hours from 6:00 p.m. to 8:00 p.m. Commissioner Whitehead questioned if the training would ever take place in other locations. Ms. Mondane stated that there could be a possibility that some training would take place outside of the site. Dave Hreha, 4811 63rd Avenue North, questioned if the children attending the facility would be from the church only or if children from the surrounding communities would be welcome as 06 -29 -00 Page 5 i well. Ms. Mondane explained that the child care facility will be open to the community, church, and employee's children. Mr. Hreha questioned what the hours and days of operation would be for the child care. Chair Willson stated that the facility would be open from 7 -6 p.m. and open Monday through Friday. Annette Dahlin, 6208 Perry Avenue North, questioned what the ages of the children would be that are attending the child care facility. Mr. Warren stated the ages of the children. Ms. Dahlin questioned if the playground area to the south and east of the building would be fenced in and if so where would the fence be installed. She also questioned if the playground area is church property. Commissioner Boeck pointed out that it is mandatory to have a playground fenced in if there is child care on the premises. Ms. Dahlin stated that she supports the limiting of the access to Perry Avenue since the traffic is already heavy. She questioned if the children would be using the playground at the school nearby. Ms. Mondane stated that there is no agreement with the school to use their playground, furthermore, they have their own playground to use. Ms. Dahlin questioned if the playground area would be within the fenced in area. Ms. Mondane stated that the playground area would be within the fenced in area. Ms. Dahlin questioned the length on the Special Use Permit. Chair Willson explained that the permit would be for an indefinite period of time provided all conditions are abided by. Ms. Dahlin questioned if the training would be held on weekends. Ms. Mondane stated that the facility will only be open Monday through Friday, no weekends. Ms. Dahlin questioned the number of children that will be allowed in the facility. Ms. Mondane stated 32 children. Mr. Warren stated that there are regulations the child care will be required to follow in order to abide by state law for a daycare facility. These regulations are administered by the Department of Human Services, State of Minnesota. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -015. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2000 -015, at 9:26 p.m. The motion passed unanimously. 06 -29 -00 Page 6 The Chair called for further discu ssion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. Commissioner Reem recommended including a condition 5 to state that there will be no access to the site off Perry Avenue. Mr. Warren suggested the following language, "Access to the site and from the site for child care purposes shall be from 63 Avenue." ACTION TO APPROVE OF APPLICATION NO 2000 -015 — EXODUS C OMMUNITY DEVELOPMENT COMPANY There was a motion by Commissioner Erdmann, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2000 -015, submitted by Exodus Community Development Company for a Special Use Permit, subject to the following conditions: 1. The special use permit is issued for a child care operation which may utilize the adjoining parsonage property at 6226 Perry Avenue North for child care along with staff and community training and education in early childhood development. 2. The child care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The church building and premises will be brought into compliance with applicable state and local regulations relating to fire safety, health and building code standards for this operation as determined by the Building Official and Fire Chief. 4. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 5. Access to the site and from the site for child care purposes shall be from 63' Avenue. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Boeck, Reem, Rahn and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its July 10, 2000 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. 06 -29 -00 Page 7 APPLICATION NO. 2000-016 — PAN AFRICAN SOCIAL CLUB Chair Willson introduced Application No. 2000 -016, a request to seek a Special Use Permit to operate a "social club" in a 7,300 sq. ft. space in the lower level of the building located at 5800 Shingle Creek Parkway. Mr. Warren presented the Planning Commission with a letter from the applicant requesting the application be tabled indefinitely. Commissioner Whitehead questioned if the applicant has no intention of pursuing the request since the applicant is requesting the item to be tabled. Mr. Warren explained that at this time they are having complications with the lease, therefore, until those issues are resolved no action can take place. Mr. Warren explained that if the motion is made to table per the applicant's request that would allow the application to remain open indefinitely. Commissioner Newman questioned if staff is aware of how long the application may be tabled. Mr. Warren explained that if the City is not notified within a year then it would expire and not come back before the Planning Commission. There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to table Application No. 2000 -016 indefinitely per the applicant's request. The motion passed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:39 p.m. Chair Recorded and transcribed by: Sara Beck Timesaver Off Site Secretarial, Inc. 06 -29 -00 Page 8