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HomeMy WebLinkAbout1993 11-18 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 SESSION NOVEMBER 18, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Sander at 7:32 p.m. Chairperson Ella Sander, Commissioners Mark Holmes, Robert Mickelson, Dianne Reem, and Tim Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Kathy Stratton. Chairperson Sander indicated that Commissioners Johnson and Hilstrom had called to indicate that they would not make this evening's meeting and were, therefore, excused. APPROVAL OF MINUTES - OCTOBER 28, 1993 Motion by Commissioner Mickelson, seconded by Commissioner Willson, to approve the minutes of the October 28, 1993, Planning Commission meeting as submitted. Voting in favor: Chairperson Sander, Commissioners Holmes, Mickelson, Reem and Willson. Voting against: none. The motion passed. CHAIRPERSON'S EXPLANATION Chairperson Sander explained that the Planning Commission is 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. 93015 (CITY OF BROOKLYN CENTER) Chairperson Sander introduced the first item of business, a request by the City of Brooklyn Center to rezone from C2 (Commerce) and R5 (Multiple Family Residence) three parcels of land located at the S.E. Quadrant of T.H. 252 and 66th Avenue North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93015, attached). He also explained if the Planning Commission should see fit to recommend approval of Application 93015 two resolutions would be involved, one amending the Comprehensive Plan and one for the re-zoning. He explained the date and time of public hearings for both had been published and notices sent 11-18-93 1 out. He also said the Commission could distinguish which comments from the public pertained to which issue, and since one is inappropriate without the other the two public hearings could be combined. PUBLIC HEARING (APPLICATION NO. 93015) Chairperson Sander opened the meeting for the purpose of a public hearing on a request for rezoning from C2(Commerce)and R5 (Multiple Family Residence) three parcels of land located at the S.E. Quadrant of T.H. 252 and 66th Avenue North and amendment of the Comprehensive Plan at 8:21 p.m. She inquired if there was anyone present who wished to address the Commission. Mr. Rod Snyder of 6408 Willow Lane thanked the Planning Commission for its action in August recommending denial of the application of Holiday Stationstores, Inc. He said the citizens of his neighborhood felt listened to and were encouraged democracy does work. He explained he spoke for himself and probably reflected the views of most of those living in his neighborhood when he said he hoped the Commission would recommend the proposed change in zoning to C-1. He said he would prefer a residential zoning but he realized C-1 zoning represented a good and realistic compromise. Mr. Snyder questioned why only part of the area between 66th and the freeway was being considered for rezoning. The Secretary explained if the area where Lyn River Apartments was included in the rezoning at this time much more study would have to take place before any action could be taken. He added that the rezoning review is to coincide with the moratorium which is scheduled to expire at the end of January, 1994. Commissioner Willson agreed with the Secretary and added he thinks this particular rezoning should be considered a step in a more comprehensive and proactive long-range plan for the area. Mr. Snyder gave an account of his own research regarding the number of crime calls per resident in the area in question and concluded the crime level there is much higher than elsewhere in Brooklyn Center. He offered the challenge to the Planning Commission to acknowledge problems in the neighborhood, but to realize the residents have spirit and resolve to work out the problems. He said to approve Application 93015 was the finest action the Commission could make. Mr. Phillip Dahlen of 6518 Willow Lane suggested the area in question for rezoning be zoned specifically for a senior citizen's complex, which would work best with what the National Park Service is trying to do with areas near the river. Mr. Sandip Bhakta, owner of the Brookdale Motel expressed his view the rezoning of his property was unfair. He said he had just purchased the motel 6 months ago without knowing it would be rezoned. He said he did not believe the crime in the area was as high as Mr. Snyder said as he had not heard of any of the police calls. He said he thought only 11-18-93 2 the portion that had been considered for the Holiday station should be rezoned as his motel was there first and since the area across the street is zoned commercial. Commissioner Willson explained a rezoning didn't make any change in his present business nor imply his business should go away, but fits with the city-wide policy not to spot-zone so small parcels of land can be combined for redevelopment. The Secretary explained the responsibilities of the City regarding zoning. He said a zoning doesn't have to be driven by any particular developer's application, nor does a zoning have to stay as it is because any particular landowner wants it that way. He said the City may act in any way it believes is a benefit to the community. Mr. Warren also explained nowhere in any recommendation of the staff to the Planning Commission is it stated the reason for rezoning is because of the crime issue. Mr. Bhakta asked why it is a benefit to the community to change the zoning of his property. The Secretary responded because the Brookdale Motel may not stay there forever, when it is time for a change a C-1 zoning provides a buffer between T.H. 252 and the residential area along Willow Lane. Commissioner Holmes said he could understand the position of Mr. Bhakta having just acquired the motel without knowing of the plans to re-zone and asked about the City's liability. The Secretary explained if an individual feels he is damaged somehow from rezoning he can certainly pursue that in court. But, he continued, that should not have any affect on how the Planning Commission would decide the issue, nor would the issue of who was in the neighborhood first have any impact. Commissioner Willson reiterated crime is not the reason for rezoning, but rather it is an attempt to protect a neighborhood far into the future, and since buildings don't just go away, if it were an attempt to battle crime it would be an ineffective one. Mr. Tom Gedde introduced his colleague Lynn Anderson and explained he spoke on behalf of Holiday Stationstores, Inc. He said their point of view is a different one, and without getting too legal or technical as discussions would take place between his company and the City Attorney he asked the record to show his company has the right to purchase the Atkins property. He also said downzoning does include considerable liability to the City of Brooklyn Center and will cost the City a sum of money. He reminded the Commission the City Council in 1990 increased the amount of land zoned C-2 in that area even though the Planning Commission had recommended it be zoned C-1. He said it is inappropriate for a City to bounce back and 11-18-93 3 forth in decisions regarding zoning, especially after decades of the property being C-2 and even after the SEH study was made and there were no subsequent changes. Mr. Gedde commented a C-1 zoning makes no sense at a time when office space is sitting vacant and office property values have plummeted. He said what the property needs is exactly what Holiday has proposed, and though there would be a little noise and traffic generated, it seems irrelevant when T.H. 252 is right there with 55,000 cars going by per day. He said since Holiday has been such an accommodating applicant and has made every attempt to provide screening and landscaping, the landowner should be allowed to use the property in the way it was zoned before homes were even built. He encouraged the Commissioners to take a step back and consider a combination zoning for the property in question, as a senior citizen facility would work well along with the Holiday station. He concluded by not rezoning the City will have been fair to the property owner, avoided a loss in the tax base, been fair in spite of the difficulty of saying no to the residents, and avoided hundreds of thousands of dollars in expenses to the City. Mr. Fred Schilling of 6858 Willow Lane read from a City brochure about the quality of life in the area. He said the proposed rezoning is the best way to benefit the community in the future, and said a park or mini-golf business would also be good options for the land. Mr. Bill Hannay, 6432 Willow Lane said "if anyone is wondering who has been in the area the longest, it's me!" He said he has lived in his home since 1946, long before any apartments were built, before Mr. Atkins owned property, and before the hotel. Mr. Bill Elsholtz of 6546 Willow Lane encouraged the Commission not to be frightened by threat of liability since anybody can sue, but that does not mean they will win, and since the special use permit was denied on the basis conditions were not met. He added there is usually a contingency on any property purchase that would work in the City's favor. He added the gain in tax base from Holiday would be outweighed by the cumulative effect of the loss in property value of the surrounding homes and therefore should not be an issue to the City. He concluded the present abundance in office space has nothing to do with future trends, and he agreed the land should be C-1. Mr. Tom Kouri of 6416 Willow Lane expressed his support of the C-1 rezoning since a C-2 zoning is not compatible with the needs of the community. He mentioned the petition with 200 names shows the neighborhood is committed to working with the Planning Commission to bring the best development. Ms. Julie Barry of 7119 Dallas Road, asked why the area north of 66th has a wall and berm while the area south of 66th does not. Chairperson Sander reminded her this public hearing is specifically about the zoning and comprehensive plan issues. Ms. Dawn Wolter of 6807 Willow Lane expressed her opinion the City would incur higher liability in the future if it loses good neighbors and solid citizens. 11-18-93 4 CLOSE PUBLIC HEARING There was a motion by Commissioner Willson and seconded by Commissioner Holmes to close the public hearing on the Comprehensive Plan Amendment at 9:22 p.m. The motion passed unanimously. There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to close the public hearing regarding the rezoning at 9:23 p.m. The motion passed unanimously. In response to some comments by Mr. Gedde, Commissioner Holmes asked why the Council had voted to overrule the Planning Commission's recommendation to zone the property C-1 in 1990. The Secretary explained at that point the Council thought a gas station/convenience store/car wash could work, but since then has come to the conclusion it would not. Commissioner Mickelson reminded the audience the Commission is only an advisory body that recommends action to the City Council but has no real authority to decide on these issues. Chairperson Sander concurred and said the Commission states that at the beginning of each of its meetings. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 93015 (CITY OF BROOKLYN CENTER) RESOLUTION 93-03 Commissioner Tim Willson introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN) RELATIVE TO LAND LOCATED AT THE SOUTHEAST QUADRANT OF T.H. 252 AND 66TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Bob Mickelson and the motion passed unanimously. RESOLUTION 93-04 Commissioner Bob Mickelson introduced the following resolution and moved its adoption with minor wording changes to point #2 and #8: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93015 SUBMITTED BY THE CITY OF BROOKLYN CENTER (Regarding rezoning from C2 and R5 three parcels of land located at the S.E., Quadrant of T.H. 252 and 66th Avenue North.) 11-18-93 5 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Tim Willson, and the motion passed unanimously. The Secretary said the Commission's recommendation would be before the City Council on December 6, 1993, and notices of the Council's consideration would be sent. Commissioner Willson said he believes the Commission has taken a good, sound approach even though it has been very difficult to deny the application submitted by Holiday and difficult in light of the death of Mr. Atkins. He said he believe it is the correct action and in the best interest of the City. OTHER BUSINESS The Secretary asked the Commissioners if they could be flexible about the meetings for next year and if they could be on Wednesdays instead of Thursdays in a few instances. He said he would bring a proposed schedule to the next meeting. It was confirmed the next Planning Commission meeting is December 9th. Chairperson Sander explained she could not attend the meeting December 9th and may not be on the Commission for 1994 as her term is up. She therefore thanked the Commissioners for their good work and effective participation. The Secretary explained three of the seven Commissioner's terms expire at the end of the year and all three members wish to continue serving on the Planning Commission. ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:42 p.m. 6LW,\ ,W, Chair Pro Tern Mark Holmes Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 11-18-93 6