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HomeMy WebLinkAbout1992 11-19 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 19, 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Wallace Bernards at 7 : 30 p.m. Chairperson Bernards stated that it was in order to congratulate Commissioners Kalligher and Mann on their election to the City Council. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Bertil Johnson, Mark Holmes and Barbara Kalligher. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. APPROVAL OF MINUTES - OCTOBER 19 , 1992 Motion by Commissioner Johnson seconded by Commissioner Mann to approve the minutes of the October 29, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson and Holmes. Voting against: none. Not voting: Commissioner Kalligher. APPLICATION NO. 92015 (Brookdale Office Park) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval by Brookdale Office Park to operate Cardinal Stritch College in the five story office building at 3300 County Road 10. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No.92015, attached) . Commissioner Johnson asked why the conditions referred to hours between 6: 00 and 10: 00 p.m. while the letters submitted by Mr. Carland referred to classes between 6: 30 and 9: 30 p.m. The Planner stated that it was basically to allow for flexibility in scheduling classes. In response to another question from Commissioner Johnson regarding expansion or alteration of the college, the Secretary answered that, as long as there is no more floor space occupied by the college, the special use permit could continue as approved. Chairperson Bernards inquired as to why the application was being pursued after the fact. The Planner explained that no building permit was required for the college to simply occupy offices that already existed. He stated that the Building Official would like a Certificate of Occupancy for the use to certify code compliance. 11-19-92 1 He stated that the Building Official does not believe there will be a problem. He added that City staff were not aware that the college was in the building until after the fact when the Building Official happen to be in the building. Chairperson Bernards asked where the Commission was at with the question of parking at schools. The Secretary answered that staff did not have a report on that yet. He stated that the City needs to add an amendment allowing educational uses by special use permit in the C1 and C1A zones. He stated that a parking ordinance would probably accompany that. Commissioner Kalligher asked whether there would be classes on the weekend. The Secretary responded that that would probably be the case. Commissioner Holmes asked whether the college was the only occupant on the fourth floor. The Secretary responded in the negative as far as his knowledge. In response to a question from Commissioner Holmes about the college pursuing the special use permit after the fact, the Secretary admitted that this was a technical violation and that the college could be cited for a zoning violation of operating a special use permit without proper approval, but he did not feel that this was necessary in this case since no site problems had resulted. Chairperson Bernards asked the applicant whether he had anything to add. Mr. Bruce Carland of Brookdale Office Park stated that he had nothing to add to the report and apologized that no one from the college was able to appear at the meeting. He noted that the class schedule for the college indicates that the maximum number of students in any class would be 22 . Chairperson Bernards asked what the security arrangement was for the building. Mr. Carland answered that there is a security service that monitors the building and that the building is locked after the college classes are over. Chairperson Bernards asked as to the adequacy of the lighting on the site. Mr. Carland stated that the outside lights are on a timer and added that he felt the property was well illuminated. In response to another question from Chairperson Bernards, Mr. Carland pointed out that the average age of the student at the school is 35 years. In response to a question from Commissioner Sander, Mr. Carland explained that he is the property manager for the building and that Cardinal Stritch had originated in Milwaukee, Wisconsin. He noted that prior to moving into the office building, they were operating out of a hotel. Chairperson Bernards inquired as to a break area for students. Mr. Carland responded that there are vending machines on the second floor. Commissioner Johnson asked as to the course year. Mr. Carland answered that classes start monthly and that students stay in the same group that they start with through their course of study. He stated that classes begin more or less continuously throughout the year. 11-19-92 2 PUBLIC HEARING (Application No. 92015) Chairperson Bernards then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Seeing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Kalligher to close the public hearing. The motion passed unanimously. Commissioner Mann stated that she felt the facility would enhance the community and that the Standards for a Special Use Permit are met in this case. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92015 (Brookdale Office Park Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 92015, subject to the following conditions: 1. The special use permit is issued to the applicant on behalf of Cardinal Stritch College to operate a night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall occupy 2 , 316 sq. ft. of rentable space on the fourth floor as indicated in the applicant's submittal. Any alteration or expansion of the school use within the office building shall require an amendment to this special use permit. 2 . _ The applicant shall receive a sewer availability charge determination from the MWCC and a certificate of occupancy from the Building Official prior to December 31, 1992 . 3 . Classes shall be held between 6: 00 p.m. and 10: 00 p.m. weekdays and on weekends. No weekday daytime classes are acknowledged by this special use permit. 4 . The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson, Holmes and Kalligher. Voting against: none. The motion passed. UPDATE ON STATUS OF PHILLIPS 66 COMPANY PROPOSAL The Secretary then reviewed with the Commission the action taken to date by the City Council regarding the Phillips 66 proposal at 6901 Brooklyn Boulevard. He stated that there had been much discussion regarding the proposal and some negative comments from the neighbors at the- City Council meeting. He stated that the City 11-19-92 3 Council voted to direct staff to prepare resolutions of denial for all three applications. The Secretary pointed out that if the plat is denied, the other applications really cannot be approved because it would leave the gas station property with an abutment with R1 property and subject to Section 35-111 relating to nonconforming uses. He stated that the variance application would be the next application dealt with. He noted that the Planning Commission had recommended against the variance and that the Council also desired to deny the variance. Lastly, he stated the site and building plan and special use permit application would be moot if either of the other two applications is denied. He noted that the resolution of denial for the site plan would make findings regarding the potential noise problem from the car wash for the Northwest Residence to the west. The Secretary noted that the votes relating to these applications were three to two in all cases to deny the applications. The Secretary went on to state that staff had put together language for an ordinance amendment relating to greenstrips and that if the Council favors such an ordinance, then it will come back to the Planning Commission for review. The Secretary explained that the ordinance language would require the applicant to bring a plan to the City and demonstrate, through landscaping, screening, etc. , that a comparable buffer will be provided and that the City Council must make a finding that it meets the spirit and intent of the ordinance. The Secretary went on to explain that the present ordinance requires a greenstrip of 15 ' in most cases, except for Cl and C1A uses along major thoroughfares. He noted that the City Council could elect to keep the standard in some zones, but allow flexibility in others or may allow the flexibility in all zones. The Secretary added that the City Council may ask the Planning Commission to consider these options and/or set the issue aside until the Brooklyn Boulevard Study is completed. Chairperson Bernards concluded that the only new testimony was that of Northwest Residence. The Secretary responded in the affirmative. He acknowledged that the representative had a good point by stating that the car wash would be too close to their building. Chairperson Bernards asked what would happen now and what would Phillips 66 do in the future. The Secretary answered that he had heard that they would ask the City Council to at least approve the plat. He stated that he had reservations about that course of action. He pointed out that it would be easier to deny the application if the plat is not approved. The Secretary went on to state that they may pursue a redesign of the site or try to use the existing building as a nonconforming use. He stated that if they reoccupy the building, they would not be able to add a car wash. The Secretary also pointed out that Phillips 66 may simply take the City to court. Commissioner Sander stated that she still `'had a problem with the triangle of land-at the corner of the site being subdivided off. 11-19-92 4 She stated that this seemed to be a contrived solution. She asked whether it would be allowed in other situations. There followed a brief discussion of the 24 hour ordinance that had been considered last year and provisions in the ordinance restricting abutment of certain uses. The Secretary pointed out that Phillips 66 is not required to buy more property under current ordinance. He stated that the proposal simply represented a classic case of a clash between a developer and a community. There was a brief discussion of the next meeting. Both Commissioner Sander and Chairperson Bernards stated they would be unable to make the December 3 meeting. It was also noted that there was no business for that meeting. Chairperson Bernards stated he would be able to attend the December 17 meeting. It was agreed that the December 17 meeting would begin at 8: 00 p.m. Commissioner Mann stated that she had attended a meeting at the Metropolitan Council and another at the North Metro Mayors Association where the concern regarding the spread of decay from the central cities to the first ring suburbs was discussed. She stated that there are many signs of stress in the first ring suburbs and that cities have to do what they can to preserve their communities. She added that the Metropolitan area needs to look again at the fair share concept in low income housing. ADJOURNMENT Motion by Commissioner Kalligher seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8: 34 p.m. Chairperson 11-19-92 5