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HomeMy WebLinkAbout1984 12-06 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 DECEMBER 6, 1984 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:34 p.m. OATH OF OFFICE Tie-Secretary then administered the oath of office to Wallace Bernards to fulfill the term of Mary Simmons who resigned from the Commission in September. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspections Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - October 25, 1984 Motion by Commissioner Sandstrom seconded by Commissioner Malecki to approve the minutes of the October 25, 1984 Planning Commission meeting as submitted. Voting in favor: Commissioners Malecki, Manson, Ainas and Sandstrom. Voting against: none. Not voting: Commissioners Nelson and Bernards. The motion passed. APPLICATION NO. 84037 (Thomas Ralph) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for preliminary plat approval to subdivide into two lots, the parcel at 5331 63rd Avenue 11orth and an adjacent outlot to the east. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84037 attached) . The Secretary noted that the proposed Condition No. 4 had been met. Chairman Lucht asked the applicant whether he had anything to add. The applicant declined to add anything. Chairman Lucht then opened the meeting for a public hearing regarding Application No. 84037 and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Ainas seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOh9ENDING APPROVAL OF APPLICATION NO. 84037 (Thomas Ralph) Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend approval of Application No. 84037, subject to the following conditions: 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. 12-6-84 -1- 3. An agreement for the payment of utility hookup charges for water and sewer shall be entered into prior to final plat approval. 4. Building permits for the proposed Lot 2 shall not be issued until the final plat has been approved by the City Council and filed with the County. Voting in favor: Chairman Lucht Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84038 (Brian Cook) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to construct a two bay "Quick Lube" facility on the southerly portion of the Car-X Muffler shop at 6810 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84038 attached). There followed a brief discussion in which two of the recommended conditions were considered to be fulfilled and another condition regarding an agreement for utility hookups was added to the list of recommended conditions. PUBLIC HEARING (Application No. 84038) Chairman Lucht then opened the meeting for a public hearing on Application No. 84038 and asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Manson seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Chairman Lucht asked whether a condition was needed regarding the raising of the westerly catch basin. The City Engineer stated that the plan contained a note to raise the catch basin and that this is sufficient. Commissioner Manson asked how long it took for an oil change at this facility. Mr. Brian Cook responded that it should take no more than 10 minutes and could take as little as 6 minutes. There followed a brief discussion regarding the services that would be available at the Quick Lube facility and the time involved in those services. It was concluded that no stacking problems would develop on the site which might spill over onto the public street. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84038 (Brian Cook) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 84038, 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 12-6-84 -2- 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 10. The applicant shall enter into a standard agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84039 (New Horizon Enterprises) The Secretary then introduced the next item of business, a request for a determination that a day care center is similar in nature to other permitted uses in the C2 zoning district in order that New Horizons may establish a day care center at the Park-Nicollet Med Center building at 6000 Earle Brown Drive. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84039 attached) . The Secretary added that he had received a letter from Sally Goldberg, a Licensing Consultant for the State, that New Horizons is considered a school. The Secretary stated that he had also received a copy of Department of Public Welfare Rule No. 3 governing day care centers and noted that the State regulations do not cover location. He stated that that it is a City responsibility to regulate the location of day care centers. The Secretary concluded his comments by stating that the staff do not have a big problem with a day care center locating in the Med Center building, but feel it's more appropriate that day care centers, generally, be considered as a special use in the C2 zoning district, rather than as an educational use and, therefore, a permitted use. Chairman Lucht asked whether child care was presently permitted in the C1 zoning district. The Secretary responded that child care homes, that is 24 hr. a day residences, were permitted in the C1 zoning district. Commissioner Sandstrom asked whether this referred to homes used for day care. The Secretary responded in the negative. He stated that these were special homes where the children would live, not come to for temporary care. 12-6-84 -3- Commissioner Nelson asked whether the staff had a problem with day care centers locating in the C2 zoning district. The Secretary stated that he .would not recommend day cares be considered a permitted use in the C2 zoning district. He stated that he didn't have any major problems with the Med Center building as an acceptable location, but felt that they should be considered a special use rather than a permitted use. He pointed out that if day care centers were considered a permitted use, they could locate anywhere within the C2 zoning district. Commissioner Bernards asked whether Med Center had been contacted on the use of the building. The Secretary stated that the staff had not talked to Med Center about the day care use of the building, but that there had been negotiation between New Horizons and the Med Center and that a tentative agreement had been worked out. Commissioner Manson asked what the history of "educational uses" was in the C2 zoning district. The Secretary answered that educational uses have basically been considered to be schools. He stated that he did not feel that a day care center was primarily a school. Chairman Lucht then asked the applicant whether she had anything to add. Ms. Sue Dunkley, President of New Horizons Enterprises, Inc. , stated that New Horizons had 13 day care facilities, 5 of which are located in commercial zones. She stated that day care started out in residential zones, but that it has adapted to commercial settings. She reviewed the curriculum which the centers use with young children. Ms. Dunkley also explained that New Horizons has many certified teachers who have been nursery and elementary school teachers. She explained, regarding the playground area, that children are taken-out to play in groups of 20 and that the State requires 75 sq. ft. of playground area per child that is playing. She stated that this would work out to a playground area of 1,500 sq. ft. for 20 children playing at a time. Ms. Dunkley stated that New Horizons had a problem with timing. She stated that they do not have time to rezone the property. She also stated that a determination that New Horizons was a school would not necesarily open the door to other day care centers because they cannot call themselves schools under the definition of a school used by the Department of Public Welfare. Chairman Lucht explained that the Planning Commission was not considering rezoning the property. He also stated that acting on the basis of time factors has had negative effects in the past. He asked Ms. Dunkley why, if she considered New Horizons to be a school, does she call the organization a day care operation and not a school. Ms. Dunkley stated that "day care" is used in the literature, but that the Department of Public Welfare has considered them a school for some time. Commissioner Ainas asked whether the personnel were salaried or volunteer staff. Ms. Dunkley answered that most of the staff are salaried, though there are some volunteers which they are glad to have. Commissioner Bernards stated that it was news to him that the Department of Public Welfare had begun certifying schools. Ms. Dunkley explained that the teachers are certified by the Department of Education. Chairman Lucht stated that he liked the concept of a New Horizons center at the Med Center building, but that he had problems with allowing day care centers as a permitted use in the C2 zoning district. He stated that the City would have to live with the precedent of such a decision. Commissioner Sandstrom stated that he preferred not to rezone the property, but to control the day care use through a special use permit procedure. 12-6-84 -4- Sue Dunkley asked whether she could not apply for a special use permit at this time. The Secretary stated that it would require an ordinance amendment first, possibly involving some special conditions for day care centers. Chairman Lucht then polled the Commission on their feelings regarding the application. Commissioner Ainas asked Ms. Dunkley how many of the teachers were certified. Ms. Dunkley answered that 83% of their staff was certified. Commissioner Manson stated that she would like to see the day care center at the Med Center building, but preferred that the use was a special use permit. Commissioner Ainas stated that he felt the City should have some control over the location of day care centers in commercial zoning districts. He stated that he also preferred a special use status for day care centers. Commissioner Sandstrom agreed, stating that he preferred a special use status and that a precedent should not be set with this appication.• Commissioner Nelson stated that he did not feel that the day care center had to be a school in order to be an educational use. He stated that he felt the day care center was an educational use and was, therefore, a permitted use in the C2 zoning district. He stated that parents can exercise control over the location of the day care center by not taking their children to a center that is in an inappropriate location. He stated that he did not have a problem with the day care center as an educational use. Commissioner Bernards inquired as to the playground area. The Secretary showed a transparency of the site plan that showed a playground to the west of the Med Center building. He noted that the playground shown on the plan was larger than would be required by the State. Ms. Dunkley explained that the State requires 75 sq. ft. of playground area per child that is outside. She added that the State regulates many other details of a day care operation. The Secretary stated that while it was necessary for the State to regulate these aspects of the operation of a day care center, it was necessary for local government to look at surrounding land uses and to make a policy judgment as to what are appropriate locations for day care centers within the City. Commissioner Malecki stated that a determination is similar to a special use permit. She pointed out that it would be possible to change the ordinance to make day care centers a special use permit. She added, however, that this facility is similar to an educational use and that a finding to that effect could be made. Chairman Lucht asked how the Planning Commission would make a determination as to which day care centers are educational uses. Commissioner Ainas stated that, as the ordinance now reads, educational uses are not defined. Mr. Bill Dunkley, an attorney for both Park Nicollet Medical Center and New Horizons Day Care centers, stated that he agreed that, if the City wanted to regulate child care, it should make day care centers a special use in the C2 zoning district. He stated that the City could still allow New Horizons to operate as an educational use and then change the ordinance. Chairman Lucht asked what was the reason for urgency. Mr. Dunkley stated that winter is the best time to open up a facility and that the cost invested would be about $200,000. There followed a lengthy discussion regarding the procedure and the substance of the application. Commissioner Sandstrom asked why there should be unnecessary delay if the Planning Commission agreed that the proposed day care center was an acceptable use in this location. Commissioner Manson asked whether there was a mechanism to allow the applicant to go ahead while the ordinance was being amended. The Secretary stated that the Planning Commission could allow day cares as a 12-6-84 -5- permitted use and then amend its ordinance to make them a a special use, but that this would be like closing the barn door after the cows were out. Commissioner Sandstrom stated that he felt the Commission agreed that the center was an educational use. There followed a discussion as to whether the Commission did feel the day care center was to be considered an educational use. The Secretary stated that he did not feel the Planning Commission should feel pressured to act favorably for the applicant's sake because the applicant had known about this problem since August. ACTION TABLING APPLICATION NO. 814039 (New Horizon Enterprises, Inc.) Motion by Commissioner Ainas seconded by Commissioner Malecki to table Application No. 84039 and to direct staff to prepare an ordinance to allow State certified day care centers as a special use in the C1 and C2 zoning districts. While the motion was on the floor, there was a brief discussion regarding the timing of the application and amendment of the Zoning Ordinance to allow for day care centers by special use permit in the C2 zoning district. Voting in favor of the above motion: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom and Bernards. Voting against: Commissioner Nelson. The motion passed. Commissioner Nelson stated that he felt that the use could be considered similar in nature to an educational use and, therefore, permitted in the C2 zoning district. RECESS The Planning Commission recessed at 9:35 p.m. and resumed at 9:57 p.m. Following the recess, Commissioner Sandstrom stated that he wished to change his vote on the motion to table Application No. 84039 to no. The change in vote had no effect on the outcome of the vote. DISCUSSION ITEMS a. Retail Development/Interim Ordinance The Secretary introduced the first discussion item by explaining that there was concern on the part of the staff as to whether or not there is a need for future retail development within the City. He noted that there is a limited amount of C2 zoned land within the City, most of which is situated in the block bounded by Shingle Creek Parkway on the west, Summit Drive on the north, Earle Brown Drive on the east and John Martin Drive on the south. The next largest area of vacant C2 zoned land was some undeveloped parcels around 66th and West River Road and in the Lynbrook Bowl area. The concern, he stated, was that it appeared that Brooklyn Center was well served by the existing retail development and that what is located in Brooklyn Center and surrounding communities may well be enough to serve future community needs as well. He added that traffic associated with major retail developments was also somewhat of a concern as to whether existing facilities can handle this development in the area. He noted that it appears with the last retail development completed that all we are able to attract is more of the same type of retail development that more or less leads to a shifting of location and subsequent vacant buildings or tenant spaces. More retail development on existing vacant C2 land could possibly lead to an expansion of these problems. The Secretary noted that the Year 2000 Committee has briefly discussed and is 12-6-84 -6- considering, as part of its report to the City Council, a recommendation to conduct an analysis of existing retail development and to consider the type and extent of future retail needs within the community. He also noted that as the Commission was well aware, the Byerly's project was definitely not going ahead and that an adjacent strip shopping center would also not be built because of Byerly's decision. He added that to some extent, there was a sigh of relief on the part of some staff members because of a gut feeling that perhaps we have enough retail development already. He pointed out that currently there are no active plans that the City is committed to for retail development in these areas, although there have been indications that a large discount retailer is interested in the Byerly's site. He stated that this might be the appropriate time for the City to study the retail needs of the community and determine the best use of the remaining vacant C2 zoned property. He explained that such a study would probably involve the hiring of a consultant. The Secretary then discussed two basic options of holding retail development in abeyance if the Planning Commission concurred with the need for a study: attempting to rezone property through City initiated rezonings or adopting an interim ordinance pursuant to M.S. 462.3.55 Sub.4 which could suspend retail development on vacant C2 zoned land within the City. He stated that, while an interim ordinance was in effect, a study by a consultant could be done on the need for further retail development within Brooklyn Center. The Secretary reviewed the provisions in State Statutes relating to this type of action. Chairman Lucht noted that a committee has been established to study development on the Earle Brown Farm and that it might be appropriate to look at other uses in the area for their compatibility with development on the Earle Brown Farm site. Commissioner Sandstrom stated that developers make studies of the marketability of potential developments before they build on land. He wondered whether there was a need for additional studies. Commissioner Ainas asked how those studies served the City's purposes. Chairman Lucht stated that there was a concern about the possible impact of further retail development on K Mart and on other shopping centers in the City which may have to go through a redevelopment if those businesses fail as a result of new commercial development. Commissioner Sandstrom stated that the City has not been concerned about that problem in the past. The Secretary then reviewed the history of the Brookdale Square development which involved extensive disagreement between the City and private consultants. He stated that now some of the consultants that are advising the owners of the shopping center are taking the same position that the City took prior to the time the center was built. Commissioner Sandstrom stated that he would not be opposed to an interim ordinance, but that it should be flexible enough to be rescinded if the right developer came along to develop a key piece of property. Commissioner Nelson asked how much vacant C2 land presently existed in the community. The Secretary and the Planning Assistant discussed various parcels that remained to be developed and concluded that there was somewhere between 35 and .50 acres of vacant C2 zoned land left in the City. There followed a fairly lengthy discussion over the need for a study of vacant retail zoned land in the community and the skepticism that exists among the staff over the need for further retail development. The Secretary and the Planning Assistant stressed that there are fewer and fewer acres of vacant developable land in the City and that it is important for the City to get the best possible benefit from those parcels that it can before an alternate development perhaps locks the City into something that is unneeded or will not particularly benefit the community. 12-6-84 -7- There was also discussion regarding the procedure of using an interim ordinance. Commissioner Ainas suggested that the moritorium be at least four, but probably not more than six months in duration. Commissioner Manson noted that other suburban areas having large regional shopping centers seem to have even more retail than Brooklyn Center and that perhaps a study might conclude that more retail is needed, but perhaps a better variety or a different caliber. She added that she supports the idea of a study. The Secretary noted that if such an interim ordinance were recommended, it was not the staff's position that the suspension include already existing or developed C2 parcels such as the expansion of existing retail or the remodeling and occupying of existing buildings, only a temporary suspension of new retail uses. Commissioner Nelson recommended that the ordinance limit all development on vacant C2 zoned land. He stated that it would perhaps be unwise to limit only retail development of such land since a consultant might find that a retail development is, in fact, the best use of the property. Chairman Lucht said that he would like the Commission to review the language of the interim ordinance if the City Council would so direct. ACTION REQUESTING THAT THE CITY COUNCIL CONSIDER AN INTERIM ORDINANCE Motion by Commissioner Sandstrom seconded by Commissioner Nelson to request that the City Council consider an interim ordinance to declare a moritorium on development on all vacant C2 zoned land within Brooklyn Center. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. b. Carry out Pizza The Secretary then briefly explained to the Planning Commission that he had received an inquiry from the operator of a carry out pizza place who wished to locate in .Northbrook Shopping Center. He explained that, in the past, staff have considered such uses to fall under the definition of a convenience food restaurant which does mention carry out. He explained that these types of restaurants are not permitted to abut Rl, R2 or R3 zoned property and that the land across Logan Avenue North to the east is zoned R3. He stated that, on this basis, such a use has not been allowed. He asked the Planning Commission whether they considered a carry out pizza place to resemble more closely the retail sale of food, so long as there were no seats or eating on the premises. Chairman Lucht stated that it was quite similar to a bakery, which is not considered an eating establishment as long as there are no restaurant seats. By consensus it was agreed that a carry out pizza place should not be considered a convenience food restaurant, but rather the retail sale of prepared food. c. Family Day Care The Secretary then briefly explained to the Planning Commission that a question had arisen over the City's ordinance which permits no more than five children to be eared for in a home day care situation in the R2 through R7 zoning districts. He noted that the R2 zoning district does permit single-family dwellings and that under State law and under City ordinance, single-family dwellings are generally considered to be permitted up to 10 children in a home day care situation. He asked for direction 12-6-84 -8- from the Commission that single-family homes in the R2 zoning district would also be allowed to have up to 10 children in home day care. The Commission generally agreed with this interpretation. ADJOURNMENIT Motion by Commissioner Nelson seconded by Commissioner Sandstrom to adjourn the meeting of the Planning Commission. The motion passed unanimously. The P ning Commission adjourned at 11:07 p.m. ISe,IJW­if-aan 12-6-84 -9-