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HomeMy WebLinkAbout1988 02-25 PCM i 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 FEBRUARY 25, 1988 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:33 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Wallace Bernards, Ann Wallerstedt and Bertil Johnson. Also present were Director of Planning and Inspection Ronald Warren and City Engineer Bo Spurrier. Chairman Lucht stated that Commissioner Ainas had called indicating that he would not be able to attend this evening's meeting and was excused. APPROVAL OF MINUTES - FEBRUARY 11, 1988 Commissioner Nelson noted that the minutes at page 5 regarding an action to table Application No. 88001 should be changed to indicate that he, rather than Commissioner Johnson, had seconded the motion. Motion by Commissioner Nelson and seconded by Commissioner Malecki to approve the minutes of the February 11 , 1988 Planning Commission Meeting as corrected. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards, and Johnson. Voting against: none. Not voting: Commissioner Wallerstedt. The motion passed. APPLICATION NO. 88001 (METROPOLITAN TRANSIT COMMISSION) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for an amended site plan and special use permit approval for a park and ride lot to be located at the Brooklyn Center Church of the Nazarene, 501 73rd Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88001 attached). It was noted that the proposal did comprehend 105 parking spaces rather than the 102 indicated in the staff report. The Secretary noted that the changes proposed with this plan are consistent with those recommended at the neighborhood meeting which was held on February 18, 1988 at the Church of the Nazarene. The Secretary also recommended that an additional condition be added urging the applicant to pursue the idea of a relocated sidewalk which would be located directly between the parking lot and any proposed bus shelter along T. H. 252. He noted that this might require cutting into the MN/DOT installed noise berm but felt that this may be appropriate if it can be done without causing harm to noise attenuation. Chairman Lucht inquired of the applicants if they had anything else they wished to add. They responded that they had nothing further to add at this time. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak regarding this amended application. Patti Lee, 7223 Camden Avenue North, stated that she was opposed to the park and ride facility. She noted that adding 105 stalls to the parking lot at the church would cause more traffic in the area which could be a danger to children along Woodbine 2-25-88 _1_ Lane. She noted also that the additional traffic would be a nuisance for the neighborhood causing more exhaust and fumes from cars utilizing the park and ride facility. She also noted that the expanded parking lot might be attractive to kids in the area who would utilize the parking lot for tearing around and disturbing neighbors as they do in the park parking lots at Evergreen Park. She inquired what it would take to stop this project from going forth. Chairman Lucht responded that the City Council would ultimately have to make a decision regarding approval or denial of the pending application. The Secretary commented that if the Planning Commission makes a recommendation on this application this evening it would, in all likelihood, be on the City Council agenda for their March 14, 1988 meeting. Chairman Lucht next recognized Mr. Don Brettin, 7235 Camden Avenue North, who reviewed the new T. H. 252 right-of-way alignment showing how close the highway now is to the neighborhood. He also mentioned the re-alignment of 69th Avenue North to 70th Avenue North and commented that this brings more traffic into their area. He added that particularly in the morning hours people speed along Camden Avenue between 73rd and 70th Avenues creating problems for neighbors. He pointed out that all of the roadway changes were done for the purpose of providing convenience for other persons, but creating problems for this particular neighborhood. He added that all of the neighbors are opposed to the addition of more parking stalls for the MTC park and ride facility. He added that a neighbor along the north side of 73rd has already put his house up for sale, out of fear of this project. In response to an inquiry by Commissioner Wallerstedt, Mr Brettin stated that he had attended the neighborhood meeting at the Church-of the Nazarene on February 18th. He noted that the MTC representatives did make the requested changes that were discussed that evening, but that he felt that additional modifications should be made as well. Chairman Lucht then recognized Carol Carter, 7250 Camden Avenue North, who inquired why the MTC should get the 105 parking stalls that they seem to think they need. She stated that someone ought to look out for the neighbors. She pointed out that the church is going to make money on the lease arrangement and on the new parking lot and that the church really doesn't care about the immediate neighbors. She pointed-out that MTC doesn't care about the neighborhood either, and all they are concerned about is providing the least expensive park and ride facility. She stated that it is up to the City to protect the neighborhood from the adverse impact she believes will happen if the facility is provided in the manner that it is proposed. She added that she did not believe the MTC needed as many parking stalls as are being proposed and that the least the Commission could do is require that no parking stalls be located behind the residents. In response to an inquiry by Commissioner Wallerstedt, Mrs. Carter stated that she has attended all of the meetings at which this matter has been discussed. She noted that people in the neighborhood have made an investment in this area and that they need help to protect this investment which is threatened by the activity proposed by the MTC at the church parking lot. She stated that she believed that at least 12 parking stalls should be eliminated from the west end of the proposed plan. Don Brettin added that the parking lot will be full every day of the week and will cause additional traffic and nuisances in the neighborhood. 2-25-88 -2- Barb Brettin, 7235 Camden Avenue North, noted that their property taxes had gone up ten percent in the past year yet they are not receiving appropriate service and protection from uses such as that proposed. Chairman Lucht then recognized Mr. Jerry Cowan, owner of the Evergreen Park Apartments. Mr. Cowan stated that he was concerned about two things, one about the opening of the noise berm along Highway 252 and secondly,the fact that his taxes are also going up as well. Carol Carter stated that several realtors have said that the neighboring single family homes property values will go down. She added that the church gains from the proposal, the City gains from the proposal and the MTC gains from the proposal, but that all of the neighboring property owners lose if the facility is put in. Chairman Lucht then recognized Chet Nevin, 7242 Camden Avenue North, who stated that it appeared that the parking lot could be extended further east than it is being proposed and wondered why this was not being further pursued. The Secretary explained that the expansion to the east on the highway right-of-way property was being done up to the base of the noise berm that is located in this area. He added that it might be possible to extend the parking lot somewhat further, but that the noise berm is a limiting factor on moving the parking lot further east. He showed Mr. Nevin a copy of the grading plan indicating the location of the berm. The Secretary also pointed out that the Planning Commission could recommend, if it felt it was appropriate, that the 10 to 12 parking stalls along the west side of the entrance drive be eliminated. Don Brettin then commented on the amount of speeders on Camden Avenue and stated that the Police Department won't do anything about the racing of cars up and down Camden Avenue between 73rd and 70th Avenue North. He pointed out that the additional parking will in all likelihood cause more speeding in this area. Commissioner Wallerstedt asked the representatives of the MTC to comment on their proposal and indicate what their parking needs are and where people utilizing this park and ride facility will come from. Don Shaffer of Barrientos and Associates, the architect for the project, stated that the MTC now uses 35 parking stalls on the existing church parking lot for park and ride purposes. He stated that the MTC has identified a need for 70 additional parking stalls to meet the park and ride demands in this area. This is why, he stated, that the proposal is for a parking facility containing 105 parking stalls. He noted that the park and ride lot would be used by people in the immediate Brooklyn Center and Brooklyn Park area. He added that it is the MTC's belief that it is better to expand this facility than to build another smaller facility in the area. He pointed out that the things they look at as being suitable for park and ride is the use of public lands including churches that are along the MTC bus lines. Mr Shaffer briefly discussed the proposed lease with the church and also noted that bus service would be conducted on Saturdays as well as during the week. He pointed out that the lights would be on a timer and would be turned off in the late evening and turned on again in the early morning during the winters. He noted that they had looked at other areas in Brooklyn Center such as at Highway 252 and 66th Avenue, to the west of the Super America Station. He pointed out that one of the reasons that area was not pursued was that it was not convenient access to the bus stop in that particular location. He noted that this proposed facility is immediately adjacent to the bus stop. 2-25-88 -3- Commissioner Malecki commented that she had previously voted against recommending the approval of this application. She added that she still thinks that this is an inappropriate use of the church property and should not be pursued. She stated that these facilities should be provided in, or on, commercially zoned property in commercially located areas. She pointed out that she feels that this type of use would be a nuisance to the neighborhood. She spoke against approving the amended application. Commissioner Johnson stated that he had also voted against this facility at the previous Planning Commission meeting. He stated, however, that he could support the amended plan if the 10 to 12 parking spaces located westerly of the access drive between the access drive and the residential area would be eliminated. Commissioner Wallerstedt stated that she felt the additional 10 to 12 stalls should also be eliminated, but not be added to the east of the site. Commissioner Bernards commented that some of the stalls should be eliminated from the westerly portion of the site but felt that it would be appropriate to replace these stalls on other portions of the site. There was discussion regarding the possibility of providing a berm in addition to landscaping for screening purposes of the parking lot. Comments were made that the development of a berm might cause some additional drainage problems in the area. Pastor Errol Webb noted that there is a lot of water in the area particularly in the springtime. He added that the development of a berm may aggravate things to the point that water might go onto neighboring properties. Pastor Webb stated that he has lived at 7236 Camden Avenue North for approximately 6 years and that there have been some break-ins and vandalism in the area, but that this has decreased, to almost nothing since a light standard was put up in the church parking lot and the Tom Thumb Store was closed, approximately three years ago. Commissioner Nelson commented that the Planning Commission appears to have three options with respect to making a recommendation on the proposed amended plan. He noted that the Commission could make a finding that the proposed park and ride facility is not an appropriate accessory use to the church facility, secondly, that the public health, safety, and general welfare are being violated by this proposal and recommend denial of the proposed use; or thirdly, recommend that this plan, or some other plan, is acceptable. Commissioner Nelson further stated that he believes the park and ride program is an appropriate accessory use to the church use, that it did not diminish or reduce property values in the area, and that it was not a public safety problem either. He noted that he favored the amended plan, but wished to eliminate the 12 parking stalls lying adjacent to the residentially zoned property. ACTION RECOMMENDING APPROVAL OF THE AMENDMENT TO APPLICATION NO. 88001 (MTC) Following further discussion there was a motion by Commissioner Nelson and.seconded by Commissioner Johnson to recommend approval of the amendment to Application No. 88001 subject to the following conditions: 1. The plan shall be revised to eliminate 12 parking stalls located westerly of the access drive adjacent to the residential property. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to construction. 2-25-88 -4- 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to final approval of the plans. 4. B612 or B618 curb and gutter shall be provided around all parking and driving areas. 5. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 6. The property owner shall enter into the Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 7. The proposed landscape screening constitutes an acceptable screening device in lieu of a 6' high opaque fence. 8. The applicant shall provide a light standard in the vicinity of the sidewalk linking the parking lot to the bus stop. 9. The applicant shall provide written documentation regarding their ability to utilize highway right-of-way for the proposed parking facility. 10. The applicant is encouraged to work with WDOT to provide a walkway from the parking lot directly to the bus stop through the MN/DOT constructed berm. Commissioner Bernards commented that he favored eliminating the 12 parking stalls on the west portion of the site but would like to leave open the option of putting i these 12 parking stalls back in if they could be provided in an appropriate location along the east side of the site. Both Commissioners Nelson and Johnson accepted this suggestion as the meaning of eliminating the 12 parking stalls. Following further discussion a vote on the motion was taken. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Johnson. Voting against: Commissioners Malecki and Wallerstedt. The motion passed. DISCUSSION OF PROPOSED CHANGES TO HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE I The Secretary next reviewed a draft ordinance proposal amending Housing Maintenance and Occupancy Ordinance to require the maintenance provisions encompassed in the ordinance to affect commerical and industrial property as well as residential property. He asked the Commission members if they have had an opportunity to review the proposed ordinance and whether or not they wished to make any comments regarding the ordinance amendment. The Secretary noted that he had reviewed this ordinance with the Building Official who has suggested some possible modifications to the definitions of commerical building and industrial building to perhaps further clarify these definitions. i In response to an inquiry by Commissioner Bernards, the Secretary noted that the amendment to Section 12-102 of the ordinance is for the purpose of indicating that the ordinance is applicable to every building in the city not just to residential buildings. Also in response to an inquiry by Commissioner Bernards, the Secretary stated that there is no grandfathering of buildings with respect to this ordinance. All buildings will have to be maintained in accordance with the particular building 2-25-88 -5- codes they were built under. He noted, however, that this ordinance would not require buildings to be brought up to current building code standards unless they were required to meet the current building code requirements. But the maintenance of existing facilities and surrounding grounds is comprehended by the proposed revisions to this ordinance. Following further discussion by the Planning Commission, it was the concensus of the Commission that the proposed ordinance language relating to amendments to Chapter 12 of the City Ordinance be referred favorably to the City Council for their consideration. ADJOURNMENT Motion by Commissioner Bernards and seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards, Wallerstedt and Johnson. Voting against: none. Motion passed unanimously. The Planning Commission adjourned at 9:45 p.m. Chairman 2-25-88 -6-