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HomeMy WebLinkAbout1994 09-15 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 SEPTEMBER 15, 1994 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:33 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, and Dianne Reem. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin. Commissioner Robert Mickelson was excused from the meeting. Commissioner Ella Sander arrived at 7:35 p.m., and Commissioner Debra Hilstrom arrived at 7:45 p.m. APPROVAL OF MINUTES - AUGUST 11, 1994 There was a motion by Commissioner Holmes and seconded by Chairperson Willson, to approve the minutes of the August 11, 1994, Planning Commission meeting as submitted. Commissioners Reem and Booth abstained. Commissioners Sander and Hilstrom absent at time of vote. Motion passed. CHAIRPERSON'S EXPLANATION Chairperson Willson explained 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. 94009 (EVANGELICAL LUTHERAN CHURCH OF THE MASTER Chairperson Willson introduced the first item of business, a request from Evangelical Lutheran Church of the Master for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. The Secretary presented the staff report,used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94009, attached). 9-15-94 1 Commissioner Hilstrom inquired if the church after developing the buildings for their use decided to sell, would they be able to sell the buildings individually. The Secretary noted the church would be required to combine the property into one lot through replatting. This would make it impossible to sell portions of the property without replatting the property again. Commissioner Booth indicated the requirement of one acre is necessary for the PUD, he inquired if that applies to this application. The Secretary indicated the Church property alone exceeds this requirement with currently just under five acres, and with the additional buildings would exceed five acres. Commissioner Reem questioned if the Church is the landlord to the three apartment buildings, is there a problem with tax liability. The Secretary explained it was his understanding that since it is a business, even though owned by the Church, it is still responsible for taxes. The Secretary added, when the property is no longer multiple residential, and is incorporated into the functions of the Church, it would then become tax exempt. Commissioner Holmes inquired as to the contract for deed held on the property, which restricts major construction. The Secretary indicated minimal changes are necessary for the first phase and falls within the restrictions. The Secretary added.the Church feels one-third of the contract would be paid and the one building could be removed from the restrictions and, therefore, able to meet all requirements necessary for the change in occupancy. Chairperson Willson inquired as to when the completion of the project is proposed. The Secretary indicated the proposed date is set for 1997 for all phases to be completed. Commissioner Sander questioned of the three buildings, how many are occupied currently by residents. The Secretary indicated two of the three buildings are still multiple residential, with the third currently being prepared for use by the Church. PUBLIC HEARING APPLICATION NO. 94009) Chairperson Willson asked for a motion to open the public hearing on the request from Evangelical Lutheran Church of the Master for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North at 8:15 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. 9-15-94 2 The applicant,Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master, came forward thanking the commissioners for the opportunity to speak. Pastor Cottingham indicated that currently the empty building is being painted and cleaned in preparation for use, but is not being used in any capacity. Pastor Cottingham expressed a willingness to comply with any requirements set forth. Ms. Diane Ristrom of 6819 Noble Avenue N., indicated efforts to assist any handicap person will be available until a lift or any other accessibilities are added to the building. Ms. Ristrom indicated, if necessary, any handicapped person could be taught in the main church building, which is fully accessible. The Secretary indicated a meeting of the Northeast Neighborhood Advisory Group could be held at the Church. Chairperson Willson indicated a more neutral site might be more appropriate so as to avoid any conflict of interest. The Secretary indicated there are optional sites, and perhaps even the Brooklyn Center High School could be used if available. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to table Application No. 94009 and refer it to the Northeast Neighborhood Advisory Group for additional review and comment and to leave the public hearing open. The motion passed unanimously. APPLICATION NO. 94010 (BIMB, INQ Chairperson Willson introduced the next item of business, a request from BIMB, Inc. for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway, south of the Hennepin County Library/Service Center. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94010, attached). Commissioner Sander questioned if this application was a matter of rezoning or were there purchases involved. The Secretary indicated this application was for replatting of the property only and that any subsequent requests for rezoning or plan approval would have to be considered on their own merits at a future date. Commissioner Sander inquired if this would reduce the tax responsibility. The Secretary indicated this would be the case if the City accepted a conveyance or gift of the proposed outlot. 9-15-94 3 Commissioner Booth questioned the location of the bike trails. The Secretary pointed out the location and indicated the trails are not on this property but on adjoining park and open space property. Commissioner Holmes inquired as to the opinion of the City Council on this application and gift. The Secretary indicated he believes there will no objection. Chairperson Willson questioned if the City Council had seen the application. The Secretary indicated they had not, the commission was the first to see this application. Commissioner Sander inquired, if the city owned this parcel, could the city develop it. The Secretary indicated the city could, although the development would be restricted due to the constraints placed on the use of the land due to its wetland land and flood plain designations. PUBLIC HEARING (APPLICATION NO. 94010) Chairperson Willson asked for a motion to open the public hearing on the request from BIMB, Inc. for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway, south of the Hennepin County Library/Service Center at 8:45 p.m. There,was a motion by Commissioner Hilstrom and seconded by Commissioner Booth, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Dick Grones a representative of the applicant came forward to answer questions. Mr. Grones indicated the applicant is proposing to gift the outlot and that the proposed Lot 1 might be sold to the County for a future expansion of that facility. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There-was a motion by Commissioner Hilstrom and seconded by Commissioner Reem, to close the public hearing at 8:47 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94010) There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to recommend approval of Application No. 94010 submitted by BIMB, Inc.for preliminary plat approval to subdivide into a lot and an outlot the 14+ acre site located on the west side of Shingle Creek Parkway,south of the Hennepin County Library/Service Center subject to the following conditions: 9-15-94 4 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. 3. The existing 50'wide driveway easement and the 30'wide drainage easement shall be continued and be shown on the final plat for this property. 4. Approval of this preliminary plat does not commit the City to a future rezoning of the property or to a site plan and platting. These matters will need to be pursued through the appropriate Planning Commission applications when such plans are finalized. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Holmes, Reem, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the September 26, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. APPLICATION NO. 94011 (ENTERPRISE RENT-A-CAR) Chairperson Willson introduced the next item of business, a request from Enterprise'Rent- A-Car for a special use permit to operate an automobile rental and leasing operation at the Boulevard Shopping Center. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94011, attached). Commissioner Hilstrom questioned hours of operation. The Secretary believed the hours to be typical business hours, but referred to the applicant. Commissioner Hilstrom questioned if additional security, or lighting had been added to parking lot for the cars. The Secretary did not believe this to be so, and indicated this not to be a problem. Commissioner Hilstrom inquired as to any screening for surrounding properties for the washing of cars. The Secretary felt this not to be a problem, since washing would be done indoors. Commissioner Sander questioned if there was a limited to cars, and recommended 25 to be the maximum. The Secretary indicated this condition could be added. 9-15-94 5 Commissioner Reem inquired as to any other locations of this company in the state. The Secretary believed there were additional locations, but referred to the applicant. PUBLIC HEARING (_APPLICATION NO. 94011) Chairperson Willson asked for a motion to open the public hearing on the request from Enterprise Rent-A-Car for a special use permit to operate an automobile rental and leasing operation at the Boulevard Shopping Center at 9:09 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Mr. Spencer Cook, of 9432 Willow Lane, Woodbury, came forward to represent the applicant. Mr. Cook indicated the hours would be 8:00 a.m to 6:00 p.m. Monday through Friday and 9:00 a.m. to 12 noon on Saturdays. Mr. Cook indicated there are currently 14 locations in the state with 20 proposed for the metro area and additional locations in Rochester and Duluth. Motion by Commissioner Holmes inquired if this location would be a 24 hour drop off for vehicles. Mr. Cook indicated drop offs would only be allowed during business hours, although drop offs at repair locations are available. Motion by Commissioner Hilstrom inquired as to security, Mr. Cook indicated they had no concern at this time. Commissioner Sander inquired as to the maximum of cars, would it be 25 cars on the lot or in inventory. Mr. Cook indicated it would be rare that all 25 parking spots would be taken, so no more than 25 parking spaces would be occupied. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes, to close the public hearing at 9:15 p.m. The motion passed unanimously. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to add a condition #6 limiting the parking of vehicles and modify condition #3 to require that cleaning of vehicles indoors only for consideration. The motion passed unanimously. 9-15-94 6 ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94011 (ENTERPRISE RENT-A-CAR) There was a motion by Commissioner Booth and seconded by Commissioner Hilstrom, to recommend approval of Application No. 94011 submitted by Enterprise Rent-A-Car for a special use permit to operate an automobile rental and leasing operation at the Boulevard Shopping Center subject to the following conditions: 1. The Special Use Permit is granted for an automobile rental and leasing operation with incidental outside storage of vehicles and a hand washing and vacuuming service bay only. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this Special Use Permit. 2. Building plans for tenant remodeling and an overhead door shall be reviewed and approved by the Building Official prior to the issuance of building permits. 3. There shall be no service, repair or maintenance of leased or stored vehicles on the site other than the indoor hand washing and vacuuming of vehicles comprehended under the approval of this Special Use Permit. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the storage and display of vehicles on this site other than that which is authorized under administrative permits. 5. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 6. The maximum parking spaces to be occupied by vehicles to be rented or leased shall not exceed 25. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom,Holmes, Reem, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the September 26, 1994, meeting. The applicant is required-to be present at the City Council meeting. If any changes or modifications are made to-the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. Chairperson Willson called a recess at 9:20 p.m. Commissioner Hilstrom left at 9:38 p.m. The meeting was reconvened at 9:40 p.m. Chairperson Willson, noting the applicant for the next item had not yet returned, stated the commission would move on to other business. 9-15-94 7 OTHER BUSINESS Chairperson Willson indicated the Northeast Task Force had recently listed its members and their attendance, Chairperson Willson had missed three meetings and was asked to be removed from the Task Force. Chairperson Willson wished to inform the commission of this and inquired as to any interest of the commissioners to replace him on the Task Force. After discussion the commissioners felt with only two meetings left to the life of the Task Force, it would not be beneficial for any of the commissioners to attend. Chairperson Willson indicated an additional item regarding the SuperAmerica along Highway 252 and 66th. Chairperson Willson indicated a Mini-Donut machine in the parking lot had progressed to a vendor van and he felt this perhaps had not been approved and referred to the Secretary. The Secretary indicated this to be true but noted such vending and sale is only allowed through Administrative Permits. He indicated a request to do this on a permanent basis has been denied. Commissioner Sander inquired as the requirements of the Fire Lanes at gas stations, could they be marked more noticeably. The Secretary indicated this is not currently an ordinance and the additional man power to enforce it is not available, but he would talk to the Fire Chief. Commissioner Booth updated the commission on the New Brighton Sign Ordinance appeal and that the court had ruled in favor of New Brighton regarding opinion signs. Chairperson Willson indicated return to item number 8. APPLICATION NO. 94012 (ROBERT ADELMANN) Chairperson Willson introduced the next item of business, a request from Robert L. Adelmann for site and building plan approval and a special use permit to construct a 284 square foot addition to Duke's Mobil, 6501 Humboldt Avenue North. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94012, attached). Commissioner Booth inquired as to the location of the screened garbage area required for the site. The Secretary could not recall at this time and referred it to the applicant. Commissioner Booth indicated perhaps additional shrubbery could be placed in front of the transformer located on the east greenstrip. Commissioner Sander expressed concern that with the improvements it might be encroaching on the fire lane. The Secretary indicated that even with the improvements there is still enough room to get around the site if a fire lane is maintained. 9-15-94 8 PUBLIC HEARING (APPLICATION NO. 94012 Chairperson Willson asked for a motion to open the public hearing on the request from Robert L. Adelmann for site and building plan approval and a special use permit to construct a 284 square foot addition to Duke's Mobil, 6501 Humboldt Avenue North at 10:28 p.m. There was a motion by Commissioner Booth and seconded by Commissioner Holmes, to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. The applicant Mr. Robert L. Adelman came forward. Mr. Adelman indicated a willingness to comply with all requirements. Mr. Adelman indicated trash could be located on the west side of the property. Commissioner Booth inquired if the applicant would help with the enforcement of the fire lane. Mr. Adelman indicated that in the past managers and employees have tried to keep the fire lane clear and asked persons to remove their vehicles and they would continue to do so. Commissioner Booth commented perhaps two handicap ramps would better serve the entrances. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Booth, to close the public hearing at 10:32 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94012 (ROBERT L. ADELMANN) There was a motion by Commissioner Booth and seconded by Commissioner Reem, to recommend approval of Application No. 94012 submitted by Robert L. Adelmann for site and building plan approval and a special use permit to construct a 284 square foot addition to Duke's Mobil, 6501 Humboldt Avenue North subject to the following conditions: 1. Building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to a final review and approval by the city engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the city manager) shall be submitted prior to issuance of permits. 9-15-94 9 Voting in favor: Chairperson Willson, Commissioners Booth, Holmes, Reem, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council at the September 26, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. Commissioner Reem requested to be excused from the October 13, 1994 meeting. ADJOURNMENT There was a motion by Commissioner Sander and seconded by Commissioner Booth to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:36 p.m. 72�- -- Chairperson Recorded and transcribed by: Ruth McLaurin Timesaver Off Site Secretarial 9-15-94 10