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HomeMy WebLinkAbout1989 04-13 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTERIN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESTOA REGULAR SESSION APRIL 13, 1989 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Pro tem Molly Malecki at 7:36 p.m. ROLL CALL Chairman Pro tem Molly Malecki, Commissioners Wallace Bernards, Lowell Ainas, Bertil Johnson and Kristen Mann. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Pro tem Malecki noted that Chairman Nelson had called to say that he could not attend and was excused. APPROVAL OF MINUTES - March 30, 1989 Motion by Commissioner Ainas seconded by Commissioner Johnson to approve the minutes of the March 30, 1989 Planning Commission meeting as submitted. Voting in favor: Chairman Pro tem Malecki, Commissioners Bernards, Ainas, Johnson, and Mann. Voting against: none. The motion passed. APPLICATION NO. 89006 (E and H Properties) Following the Chairman's explanation, the Secretary introduced the first item of business, a request to rezone a sliver of land east of 6550 West River Road from R5 to C2 to allow the construction of a service station/convenience store/car wash as a development on the C2 zoned land. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89006 attached) . Commissioner Sander arrived at 7:39 p.m. The Secretary also explained to the Commission the various development scenarios contained in the traffic study by Short-Elliott-Hendrickson. He also discussed the possibility of rezoning a portion of the R5 lot north of 66th to 0-1 which would allow the service station to be built south of 66th. Commissioner Bernards asked whether there would be any other access to the area other than at 66th. The Secretary responded that there would be no other exit off to Highway 252 to this area other than at 66th. Chairman Pro tem Malecki asked the applicant whether he had anything to add. Mr. Hal Pierce, an architect representing the developer, E and H Properties, explained that they had come to the City just wanting to straighten out the zoning line to allow better access to 66th. He stated that further study of the area was unnecessary and that nothing has changed relative to this property other than there is more traffic on Highway 252 than when the area was last studied. PUBLIC HEARING (Application No. 89006) Chairman Pro tem Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Mr. Jim Neuberger, of 6546 Willow Lane, stated that all of the neighbors in the area were 4-13-89 -1- against the proposed rezoning. He stated that the rezoning would allow for a bigger service station and the neighborhood is opposed to that. He presented the Commission with a petition signed by people in the neighborhood opposing the proposed rezoning. Commissioner Sander asked Mr. Neuberger whether the neighborhood was opposed to a rezoning of the area to C1. Mr. Neuberger responded that the neighborhood would be agreeable to a rezoning of the area to C1, but are opposed to any expansion of the C2 zone and to the proposed service station. Mr. Sam McGee, of Fina Oil, briefly addressed the Commission. He stated that the rezoning would allow for better screening of the service station site. He stated that, with the existing zoning line, there would be no room on the site to provide buffering and screening. He explained that Fina has a standard 50' x 50' building and uses the same size canopy. He stated that the building and the canopy would not be smaller if the site were smaller. He stated that the reason for the rezoning was primarily to improve circulation on the site and to provide better screening. Mrs. Ann Zitzloff, of 207 73rd Avenue North, stated that cars are coming down West River Road and Willow Lane to avoid the stoplights on Highway 252. She complained about the traffic levels and was concerned that the new service station -would encourage this type of traffic. She noted that there was a proposed bike path along West River Road and wondered how this would be tied ,.into the park system. She concluded by asking what the City plans to do with West River Road. She stated that plans for West River Road need to be completed before a rezoning is approved. Mr. Hal Pierce asked what the speed limit was on West River Road. The Secretary answered that, to his knowledge, it was 30 miles per hour. Mr. Rick Jewitt, of 6552 Willow Lane, stated that the applicants wanted to line up the driveway with the median opening on 66th. He pointed out that the plan as shown does not quite do this and that people would not be able to make a left turn easily onto 66th, exiting the gas station. He also noted that there is a bus stop on the north side of 66th. Mrs. Zitzloff pointed out that the bus stop is a school bus stop and that it is on a dangerous curve. Mr. Neuberger asked whether the City regulates the number of pumps at the service station site. The Secretary responded that the number of pumps would be limited indirectly by regulations regarding setbacks and parking and concerns regarding traffic flow on the site. He stated that there was no absolute ordinance limit on the number of pumps. Mr. Neuberger noted that the applicant had argued that the extra land in the rezoning was needed for access at first, but that now it is needed for buffer. The Secretary stated that the details of the site development plan have not been formally submitted and may change from the concept plans shown by the applicant. He stated that what is known at present is that the access has to be on 66th across from the median opening. Mr. Neuberger asked whether the access on 66th would allow for two-way traffic in and out. Mr. Pierce, the architect, answered in the affirmative. Mr. Neuberger stated that he thought this would complicate the functioning of that access drive. Mrs. Zitzloff asked whether hazardous chemicals from the site would be drained into the Mississippi River. The Secretary answered that any spills on the site would be governed by regulations instituted by the State. He stated that a drainage plan would have to be approved as part of the site and building plan proposal. Mr. Sam McGee stated that they would be installing state-of-the art overfill containment manholes which would handle almost all conceivable spills. He stated that it would have to be a major spill to overfill the capacity of the manhole. He stated that it 4-13-89 -2- should be a very safe facility. Mr. Arlo Johnson, the owner of the Brookdale Motel to the south of the proposed service station site, stated that he had no objection to rezoning Mr. Atkins' property to Cl, but would very much oppose the rezoning of his property to C1. He stated that he had a five year plan for upgrading the motel and that he did not want it to become a nonconforming use. Commissioner Ainas asked Mr. Johnson whether he would object to rezoning the block between 65th and 66th to Cl. Mr. Johnson explained that he was located within that block and would be opposed to rezoning the entire block. Chairman Pro tem Malecki asked Mr. Johnson whether he objected to rezoning the sliver of land to C2 as proposed by the applicant. Mr. Johnson responded in the negative. He stated that the rezoning would be acceptable to him. CLOSE PUBLIC HEARING Chairman Pro tem Malecki asked whether anyone present had any other additional comments. No one spoke. She called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Mann to close the public hearing on the rezoning proposal. The motion passed unanimously. Chairman Pro tem Malecki asked the Commission whether they had any comments. Commissioner Ainas stated that he originally had no objection to rezoning of the sliver of land, but stated that he felt the City should hold off until at least the upper part of the block was rezoned to C1. Chairman Pro tem Malecki asked whether Commissioner Ainas was in favor of a proposed moratorium. Commissioner Ainas responded in the affirmative. He stated that the study should last at least 60 days and that a land use study is needed apart from a traffic study. Commissioner Johnson asked whether the City could live with a high traffic generator on the southeast corner of 66th and Highway 252. The Secretary responded that the traffic study submitted indicates that the intersection can handle the additional traffic whatever development scenario actually takes place. He noted that there is a considerable range in the average daily trips for the service station as opposed to apartment development. He stated that, although the intersection could handle most any development scenario, there were significant differences in the amount of traffic generated by the different scenarios. He stated that the biggest impact would be as a result of a service station or a convenience food restaurant. He stated that office development has much less of a traffic impact than C2 development. Commissioner Bernards stated that he had seen traffic impact studies and projections before. He stated that he felt the study submitted is conservative as to the level of traffic in the area. He wondered what traffic levels would be on Highway 252 and on 66th five to ten years from now. He asked how long the Highway Department could hang on to the construction office on West River Road. The Secretary answered that the MN/DOT generally does not want to sit on property any longer than necessary. He stated that the construction office would be sold eventually and that, likely, someone would like to rehab the home and use it for a single-family home. He also stated that it was likely that the property would be subdivided. He pointed out that, under the R5 zoning, the house could not be reused as a single-family dwelling. He stated that the R5 zoning would probably lead to the house being removed and the property developed for apartments. 4-13-89 -3- The Secretary went on to state that he believed the R5 zoning of that single-family residence was now inappropriate. He stated he believed the R1 zoning made the most sense. He added that, if all the property were zoned R1, this would have an impact on the service station proposal, in that service stations cannot abut R1 property across the street. He added that the City could acquire a portion of the property and use it for buffer and zone it 0-1 to allow the service station. The Secretary stated that a moratorium would be instituted in order to study these kinds of issues that affect development in the area. He noted that the moratorium would have no impact on the motel or the apartment building although it might impact the Lyn River apartment development if the owner of the property wishes to rehabilitate those buildings. He stated that a moratorium would allow study of the area to determine what is in the best interest of the City and of all people in the neighborhood. He noted that the neighborhood advisory group had recommended C1 zoning on the entire block between 65th and 66th west of Willow Lane. He stated that this was one possibility to look at. Chairman Pro tem Malecki asked what would be involved in the study. The Secretary answered that it would be a land use study and traffic generation would also be looked at. He stated that a study might recommend that the City get involved and possibly acquire properties for development and/or redevelopment. He stated that the study might also conclude that the zoning should be left as is. Commissioner Sander asked how much time would be involved. The Secretary answered that the state statute allows for a moratorium for up to 12 months which can be extended an additional 18 months. He explained that the City would have to prepare a request for proposal and distribute it to planning consultants. He stated that he felt the study could be completed certainly within a year and probably less. Commissioner Ainas stated that he felt the moratorium should be no more than 120 days. Commissioner Sander pointed out that she lives in this area of the City and that she drives through the area every day. She stated that she felt the application should not be approved at this time. MOTION RECOMMENDING MORATORIUM AND STUDY (Application No. 89006) There was a motion by Commissioner Sander seconded by Commissioner Mann to recommend to the City Council that they institute a moratorium on all construction of up to six months for a land use and traffic study including the single-family home at 6626 West River Road and the land south of 66th Avenue North to Interstate 694 between Willow Lane and Highway 252. Commissioner Johnson noted that the moratorium would include the land presently zoned R5. He asked what would be done with this land. The Secretary answered that the moratorium would halt improvements to the Lyn River Apartments. He stated that it would not be appropriate to use public funds to upgrade an apartment development that was about to become nonconforming. Voting in favor of the motion to recommend a moratorium and study of the area at 66th and Highway 252 were: Chairman Pro tem Malecki, Commissioners Bernards, Ainas, Johnson, Sander and Mann. Voting against: none. The motion passed. DISCUSSION ITEMS a) Group Home Study The Secretary noted that the City's consultant, Donn Wiski, was unable to make the evening's meeting, but invited the Commission to make any comments or questions if 4-13-89 -4- they had them. The Secretary noted that there is a bill before the legislature on the spacing and deconcentration of group homes. He stated that provisions of the bill might affect the City's ordinance requirements. He noted that the bill provides that correctional residential facilities be allowed in the same districts as hotels. The Secretary went on to state that he would recommend that the City Council extend the moratorium on group homes. He noted that the report by Peter Patchin regarding property value impacts had shown that there is no measureable adverse impact on neighboring properties from group homes. He explained that Donn Wiski is working on proposed regulations, including spacing, and a limit on size of facilities. He noted that state law mandates that facilities with up to 16 clients must be allowed as a permitted use in a multiple-family zone. The question, he stated, was whether the City should allow more clients. When does a facility become an institutional use, he asked. He noted that 16 clients is sort of a magic number for receiving funding. Chairman Pro tem Malecki stated that she had read the portions of the report so far distributed and was impressed with the readability and quality of the work. Commissioner Bernards inquired as to Public Storage. The Secretary answered that that application been denied by the Council, but that Councilmember Gene Lhotka had asked to consider language which would allow single-family homes to expand in the C1 zone. Commissioner Johnson stated that he was concerned that the lawsuit now directed at the neighborhood near the proposed Kelly House might stifle public comment on such facilities in the future. The Secretary pointed out that the suit was originally brought by the neighborhood group against Kelly-Norton and that a countersuit had been pursued at that time. He stated that, just because applicants must come before public bodies in public hearings, does not give citizens a right to make libelous statements about an applicant. b) PUD Ordinance The Secretary asked whether there were any comments on the draft PUD Ordinance that had been distributed. Commissioner Ainas stated that he would like to see a provision requiring that the value of construction be related somehow to the value of the land. He stated that he did not want to see the City waste resources on cheap developments. There followed a brief discussion regarding the service station at 69th and Brooklyn Boulevard which was allowed to have truck rental last year. The Secretary stated that he has an inspector working on preparing a report on compliance with the conditions of that approval. He stated that violation of the conditions would be a misdemeanor and that he would not be opposed to issuing a tag if the conditions are not complied with. ADJOURNMENT Motion by Commissioner Bernards to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:24 p.m. Chairman Pro tem 4-13-89 -5-