HomeMy WebLinkAbout1998 06-11 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
REGULAR MEETING
JUNE 11, 1998
CALL TO ORDER
The Planning Commission met in a regular session called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Stephen Erdmann, Edward Nelson, 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 Arlene Bergfalk. Attending
a portion of the meeting were Assistant City Manager Jane Chambers and Police Chief Joel Downer.
Commissioner Graydon Boeck was excused.
APPROVAL OF MINUTES - MAY 28, 1998
There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to approve the
minutes of the May 28, 1998 meeting, as submitted. The motion passed unanimously.
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.
EVANGELICAL LUTHERAN CHURCH OF THE MASTER - APPLICATION NOS. 98012 AND
98013
Chair Willson introduced Application No. 98012, a request to amend the Master PUD, and
Application No. 98013, a request for preliminary plat approval to combine 4 parcels of land into a
single lot, both submitted by the Evangelical Lutheran Church of the Master, whose complex is
located in the northwest quadrant of Dupont and 69th Avenues North. These applications were filed
on 05 -21 -98 and City Council action should be taken by 07 -13 -98 (60 days). The Commissioners
agreed to consider these applications concurrently and to conduct one public hearing for the two
applications.
APPLICATION NO, 98012
Mr. Warren presented the staff report and used overhead transparencies to show the location of the
properties and the site and building plans for Phase II and Phase III of the PUD. (See attached
Planning Commission Application Information Sheet dated 06- 11 -98).
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Mr. Warren reviewed the Church's original application for PUD rezoning of several adjacent
properties/buildings acquired by the Church, which was approved by the Council on 11- 14 -94, and
the subsequent development agreement between the church and the City. Phase I, connecting the
church and the building at 1107 Emerson Lane, was completed.
The applicant now plans to complete Phase II to connect the building at 6907 Dupont Avenue North
to the Phase I buildings. The 6907 Dupont building will facilitate church - related group meetings of
about 100 people. Mr. Warren reviewed the applicant's parking and landscaping plans for Phase II
and stated that both plans more than adequately meet City Ordinances. The connecting link between
the Phase I buildings and the Phase II property provides for handicap access to the Phase II building
and an elevator will be installed in the Phase II building. The exterior of the link structure will match
that of the other buildings. A modification to the parking area between the Phase I and Phase II
buildings to accommodate the connection of the two buildings reduces impervious surface and does
not affect grading, drainage or utilities.
Phase III involves use of the building at 1100 -69th Avenue North to house missionaries who are on
leave from service. No physical alterations will be made to that building. This is a change from the
applicant's original plan for that building which involved conversion of some apartment space to
office /teaching/counseling use.
The plans submitted by the applicant for Phases II and III appear to be in order, therefore, Mr.
Warren recommended approval of Application No. 98012, subject to 4 conditions outlined in the staff
report. A public hearing, as required under Section 35 -355, properly noticed, is scheduled for this
meeting. Mr. Warren noted the original proposal was considered by the neighborhood advisory
group, which supported the plans for phased utilization of the church's properties, therefore, that
formality could be waived.
Chair Willson called for questions from the Commissioners. Apartment and meeting facility usage
was discussed. Apartments will be used for missionaries on leave only and meeting rooms will be
used only by the church's groups. Neither the apartments or the various meeting rooms will be
available for rental to the public and the City Attorney must approve the modified development
agreement describing utilization of the buildings. Construction of the link between the Phase I and
Phase II buildings is expected to begin as soon as possible in order to make full use of the Phase II
building.
APPLICATION NO. 98013
Mr. Warren explained that this application involves approval of a preliminary plat that combines into
a single lot four parcels of land that currently constitute the Lutheran Church of the Master complex.
The combined 5.92 acre site will consist of the parcel containing the church proper and three adjacent
properties containing apartment buildings for church use. This combination is pursuant to condition
No. 4 of the original approval Resolution No. 94 -244 dated November 14, 1994. The new legal
description of the single property will be Lot 1, Block 1, Evangelical Lutheran Church of the Master
3rd Addition.
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Mr. Warren indicated that the City Engineer is reviewing the plat for possible vacation of some
drainage and utility easements that are no longer required. Watershed Commission review of the plat
or PUD plan is not necessary based on direction given by the Watershed Commission.
Subject to two conditions outlined in the staff report, Mr. Warren recommended approval of the
proposed combination comprehended under Application No. 98013. Notice of the public hearing
scheduled was published in the Brooklyn Center Sun/Post
Chair Willson called for questions from the Commissioners. There were none at this time.
PUBLIC HEARING - APPLICATION NOS 98012 AND 98013 - LUTHERAN CHURCH OF THE
MASTER
There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to open the
public hearing on Application Nos. 98012 and 90813 at 8:00 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
An unidentified person residing at 6927 Dupont Avenue North, stated she supports the church's Phase
II and III plans and combination of the church's properties into a single lot.
Senior Pastor Bob Cottingham stated that the contract for deed referred to in the 1994 development
agreement for purchase of the Chazin property by the church has been satisfied. He noted that with
a 3,500 member congregation, meeting and living facilities are used exclusively for church purposes,
therefore, public rental of facilities is not available.
Mr. Mark Hayes, architect for the project, explained that the connecting structure provides a ramp
and remodeling in the Phase II building includes installation of an elevator to make that building fully
handicapped accessible. In response to Chair Willson's question regarding the need for the 6 parking
spaces between the two buildings, Mr. Hayes stated there is an existing curb cut and those spaces are
currently being used.
Chair Willson called for additional comments from the public. No other individuals from the public
appeared before the Commission during the public hearing on Application Nos. 98012 and 98013.
CLOSE PUBLIC HEARING - APPLICATION NOS. 98012 AND 98013
There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public
hearing at 8:05 p.m. The motion passed unanimously.
The Commissioners interposed no objections to Application No. 98012, a planned unit development
amendment, or to Application No. 98013, combination of 4 parcels into a single lot, as requested by
the Evangelical Lutheran Church of the Master.
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ACTION TO RECOMMEND APPROVAL OF APPLICATION NO 98013 - EVANGELICAL
LUTHERAN CHURCH OF THE MASTER
There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to recommend
to the Council that it approve Application No. 98013, a request submitted by the Evangelical
Lutheran Church of the Master to combine into a single lot four parcels of land that currently make
up the Lutheran Church of the Master complex, to be described as Lot 1, Block 1, Evangelical
Lutheran Church of the Master 3rd Addition, subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem.
The motion passed unanimously.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98012 - EVANGELICAL
LUTHERAN CHURCH OF THE MASTER
There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend
to the Council that it approve Application No. 98012, an amendment requested by the Evangelical
Lutheran Church of the Master for approval for Phase II and Phase III of the Master Planned Unit
Development (PUD), subject to the following conditions:
1. Approval of this planned unit development amendment acknowledges City Council
Resolution No. 94 -224 in terms of the findings made at that time and notes that the
Phase II and Phase III plans are consistent with those findings.
2. The building plans for building additions and modifications are subject to the approval
of the Building Official with respect to applicable codes prior to the issuance of
permits.
3. A site performance agreement and supporting financial guarantee shall be submitted
to assure the completion of approved site improvements.
4. The church shall enter into a modified development agreement with the City, to be
reviewed and approved by the City Attorney, prior to the issuance of building permits
for the Phase II and Phase III utilization of the buildings. Said agreement shall be
modified to reflect the final phasing plan as submitted by the church.
Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem. The
motion passed unanimously.
The Council will consider these recommendations at its Monday, June 22, 1998 meeting. The
applicant(s) must be present. Major changes to the applications as reviewed by the Commissioners
will require that the applications be returned to the Commission for reconsideration.
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APPLICATION NO. 98011 - ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Chair Willson introduced Application No. 98011, a request submitted by the EDA to rezone from R -4
(multiple family residence) to R -2 (1 and 2 family residence) two parcels of land formerly addressed
as 610 and 620 -53rd Avenue North. This application was filed on 05 -14 -98 and Council action
should be taken by 07 -13 -98 (60 days).
Mr. Warren presented the staff report using overhead transparencies to show the location of the two
parcels and the Bellvue Lane Addition. (See attached Planning Commission Application Information
Sheet dated 06- 11 -98.) Mr. Warren explained that the lots under consideration are part of the
redevelopment proposal included in property to be known as the Bellvue Lane Addition which is an
EDA redevelopment plan to provide new housing and a greenstrip along 53rd Avenue. The
background of previous and current zoning of the two lots which had each contained a four -plex was
reviewed. To be in compliance with the zoning of the newly replatted Bellvue Lane Addition the two
parcels must be rezoned to R -2 (1 and 2 family residence) and must also be consistent with the
Bellvue Lane development and compatible with surrounding land uses (R -2).
Each rezoning proposal is to be considered on its merits and measured against guidelines contained
in Section 35 -208 of the city's zoning ordinance as well as the Comprehensive Plan. Mr. Warren
presented each guideline and described how the rezoning proposal meets the criteria of the evaluation
policy /guidelines that reflect the best interests of the City.
Mr. Warren recommended adoption of Planning Commission Resolution No. 94 -02 recommending
approval of the proposed rezoning, subject to four considerations contained in the Resolution.
Mr. Warren stated that considerable neighborhood review /comment has been received during the 1-
1/2 years of EDA/City work on the Bellvue Lane redevelopment plan, therefore, referral of this
rezoning request to the neighborhood advisory group can be waived. Proper notice of the public
hearing has been made.
Chair Willson called for questions from the Commissioners. Commissioner Newman noted that part
of Outlot B is included in the rezoning and inquired about maintenance of the outlots. Mr. Warren
stated the outlots (greenway) will be maintained by the City. Newman also noted that there are
several other R -4 zoned areas in the southeast portion of the City and inquired whether this rezoning
may affect the other R -4 parcels. Mr. Warren explained that those scattered R -4 parcels will remain
as zoned and since 1989 have been conforming uses under the Comprehensive Plan and Zoning
Ordinance.
PUBLIC HEARING - APPLICATION NO. 98011
There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to open the
public hearing on Application No. 98011, at 8:30 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
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Mr. Mike Nelson, a new resident at 5319 Camden Avenue, stated his support for the proposed
rezoning because the neighborhood consists of only single family homes, therefore it doesn't make
sense to have R -4 zoning.
Chair Willson noted that the neighborhood has been supportive throughout the Bellvue Lane
redevelopment process. Chair Willson called for additional comments from the public. No other
individuals from the public appeared before the Commission during the public hearing on Application
No. 98011.
CLOSE PUBLIC HEARING - APPLICATION NO. 98011
There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to close the
public hearing at 8:35 p.m. The motion passed unanimously.
The Commissioners interposed no objections to Application No. 98011, a request for rezoning of two
parcels - 610 and 620 -53rd Avenue North, from R -4 to R -2.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98011 - ECONOMIC
DEVELOPMENT AUTHORITY
Commissioner Diane Reem introduced the following resolution and moved its adoption: Planning
Commission Resolution No. 94 -02: "Resolution regarding Recommended Disposition of Planning
Commission Application No. 98011 submitted by the Economic Development Authority of the City
of Brooklyn Center."
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Edward
Nelson and upon vote being taken thereon, the following voted in favor thereof Chair Willson,
Commissioners Erdmann, Nelson, Newman, and Reem; and the following voted against the same:
None; whereupon said resolution was declared duly passed and adopted. (The complete Resolution
No. 94 -02 is made a part of these minutes as an attachment.)
The Council will consider the resolution at its Monday, June 22, 1998 meeting. The applicant must
be present. Major changes to the application as reviewed by the Commissioners will require that the
application be returned to the Commission for reconsideration.
APPLICATION NO. 98014 - CITY OF BROOKLYN CENTER
Chair Willson introduced Application No. 98014, a request submitted by the City of Brooklyn Center
for a site and building approval and a special use permit to construct a new police department on
property to be addressed as 6645 Humboldt Avenue North. This application was filed on 05 -29 -98
and Council action should be taken by 07 -27 -98 (60 days).
Mr. Warren presented the staff report and used overhead transparencies to show the 2.26 acre
location and the site and building plans. (See attached Planning Commission Information Sheet dated
06- 11 -98). The 5 parcels of land acquired by the city are zoned R -5 and the police station is a special
use (government offices) allowed in that zone by a special use permit granted by the Council. The
parcels will be combined and platted into a single lot within the next month.
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Mr. Warren described the site, access and parking plans as detailed in the staff report. 142 parking
spaces are required under C -1 (office /service) requirements; however, a total of 104 spaces are
planned. Provision of additional spaces could reach a total of 134 spaces; however lacking the
required 142 could make the building difficult to market for office use should the police station be
relocated in the future. The Council is authorized to make a determination on the appropriate
amount of parking. Given the unique nature of the police department's functions and staff
configuration, 104 parking stalls should be adequate.
Mr. Warren requested the Commissioners to consider whether the landscape plan, detailed in the staff
report, for screening in areas where the C -1 use (parking lots) abuts R -1 (residential) property
provides sufficient screening to meet the requirements. Overall, however, the landscape plan
prepared in response to the point system used to evaluate such plans, well exceeds the minimum
requirements and appears to be appropriate.
The City Engineer continues to review the drainage, grading and utility plans to include catch basins
and on -site storm sewer system. The Engineer will have final approval of these plans prior to
issuance of any permits. Watershed Commission review of this site is not required.
The exterior of the building will be of sandstone colored pre -cast concrete with bronze window and
door frames. The trash area will be enclosed on the back (west side) of the building and 9 perimeter
light poles with fixtures to direct lighting down on the property.
Mr. Warren outlined how the proposed police station use meets the five standards for special use
permits under Section 35 -220 of the City's ordinances. Based on the review detailed in the staff
report, Mr. Warren recommended that a determination be made that the standards for special use
permit and the additional standards of the use being compatible and complimentary to existing
adjacent land uses and of comparable intensity are met. A public hearing appropriately noticed has
been scheduled for this special use permit application.
Overall, the plans and special use permit are in order, therefore, Mr. Warren recommended approval
subject to 9 conditions outlined in the staff report. He noted that Assistant City Manager Jane
Chambers and Chief of Police Joel Downer are available to answer questions.
Chair Willson called for questions from the Commissioners. In response to Commissioner Newman's
request for clarification on the drainage issues, Mr. Warren reported on his discussion with the City
Engineer. Apparently the storm sewer is shallow and the plans submitted allow for sheet drainage,
which is not permitted by the City. Therefore, additional study of acceptable drainage options on the
site is being conducted by the City Engineer.
Commissioner Reem inquired about the setback distance of the building. Mr. Warren explained that
the building is set back a total of 110 feet from Humboldt Avenue which provides for two accesses
and a large landscaped area in front facing Humboldt.
Commissioner Erdmann expressed concern with respect to the parking plan proposed which leaves
the property short of the required number of spaces in the event its use is converted to office space
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in the future. He recommended several options for the building placement on the site that would
provide additional parking. Mr. Warren acknowledged that the proposed building and use of the site
is specifically designed for a police station, but suggested that future modification of the building if
necessary could provide for some indoor parking space. It was also noted that the City is committed
to this location for the police station and the life expectancy of the building is 25 -30 years.
PUBLIC HEARING - APPLICATION NO. 98014 - CITY OF BROOKLYN CENTER
There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public
hearing on Application No. 98014 at 9:10 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Police Chief Joel Downer responded to Commissioner Newman's question regarding noise in the area
created by police department shift work schedules. Downer explained that the experience gained
from the current location of the police station adjacent to the 12 -story residential building created a
"good neighbor" attitude and prudent use of sirens and flashing red lights will continue in the new
location.
Assistant City Manager Jane Chambers reported that the 10 -month construction period is expected
to begin in September 1998, although a recent strike at the company that builds the pre -cast concrete
panels used may minimally affect the schedule. It is anticipated, however, that the building will be
enclosed in time for inside construction during the winter months.
CLOSE PUBLIC HEARING - APPLICATION NO, 98014
There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to close the
public hearing at 9:15 p.m. The motion passed unanimously.
Chair Willson called for additional questions from the Commissioners. Following discussion, the
Commissioners determined that the landscape plan provides sufficient screening to meet the
requirements of the ordinance where parking lots abut residential uses on the north and south sides
of the site. In addition, the Commissioners agreed to revise condition 2 listed on page 5 of the staff
report to clarify that dependence on sheet drainage on the site is not acceptable.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98014 - CITY OF
BROOKLYN CENTER
There was a motion by Commissioner Nelson, seconded by Commissioner Newman, to recommend
to the Council that it approve Application No. 98014, submitted by the City, for site and building
approval and a special use permit to construct a new police department at 6645 Humboldt Avenue
North, subject to the following conditions:
1. The building plans are subject to review by the Building Official with respect to
applicable codes prior to the issuance of permits.
2. Drainage plans not dependent on sheet drainage, and grading and utility plans are
subject to review and approval by the City Engineer prior to the issuance of permits.
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3. Any outside trash disposal facilities and/or rooftop or on ground mechanical
equipment shall be appropriately screened from view.
4. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
5. An underground irrigation system shall be installed on all landscaped areas to facilitate
site maintenance.
6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
7. B -612 curb and gutter shall be provided around all driving and parking areas.
8. An as -built survey of the property, improvements and utility service lines shall be
provided to the City Engineering Department.
9. The landscape screening plan submitted with the application is deemed to be
appropriate screening meeting the intent of the city ordinance for screening between
a service /office type use and residentially zoned property.
Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Newman, and Reem. The
motion passed unanimously.
The Council will consider the recommendation at its June 22, 1998 meeting. The applicant must be
present. Major changes to the application as reviewed by the Commissioners will require that the
application be returned to the Commission for re- consideration.
OTHER BUSINESS
Mr. Warren commented on the June 6, 1998 letter distributed to the Commissioners from
homeowners explaining their opposition to the joining of June and Indiana Avenues in conjunction
with subdivision of property at 5621 Indiana Avenue North (Application No. 98007, submitted by
Doug Peterson, Accessible Homes, Inc. recommended for approval on 04- 30 -98). The Council
subsequently approved the Application. Mr. Warren indicated that while the City may be sympathetic
to perceived traffic issues related to this subdivision, if an application meets requirements, there may
be no basis for denial. Modifications, if any, to the approved application will require re- consideration
by the Planning Commission.
Mr. Warren explained that Budget Car and Truck Rental was allowed 60 days to remove prohibited
vehicles from the Sear's Brookdale location and the deadline expires on June 26. Commissioner
Reem again complained about improper use of the trash containers and enclosure at 63rd and
Brooklyn Blvd. It was noted that models of the proposed Brookdale development will be on display
at Brookdale this fall.
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FUTURE MEETING DATE
The next meeting of the Planning Commission is scheduled for Thursday, June 25, 1998. Mr. Warren
briefly reviewed the agenda items for that meeting.
ADJOURNMENT
There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
TimeSaver Off Site Secretarial, Inc.
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