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HomeMy WebLinkAbout1987 12-20 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 STUDY SESSION DECEMBER 20, 1984 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:38 p.m. ROLL CALL Chairman George Lucht, Commissioners Nancy Manson, Lowell Ainas, Carl Sandstrom, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer James Grube and Planning Assistant Gary Shallcross. Chairman Lucht noted that Commissioner Molly Malecki had stated she would be unable to attend and was excused. APPROVAL OF MINUTES - December 6, 1984 Motion by Commissioner Sandstrom seconded by Commissioner Ainas to approve the minutes of the December 6, 1984 Planning Commision meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84039 (New Horizon Enterprises, Inc.) Following the Chairman's explanation, the Secretary proceeded with the third business item on the agenda since no other applicants were present. The item of business was a request for a determination that day care centers be considered similar in nature to educational uses so that a center may be located in 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 also reviewed a draft ordinance amendment to allow day care centers by special use permit in the C1 and C2 zoning districts, subject to certain special conditions and requirements (see draft ordinance amendment attached) . Commissioner Sandstrom asked what would keep someone from trying to put an educational use in a shopping mall. The Secretary stated that if the City Council determined that a particular day care center were an educational use, then it would be exempt from the ordinance amendment restricting the location and site characteristics of day care centers in commercial zoning districts. The Secretary stated that the staff would consider any center which had to be licensed by the Department of Public Welfare as being a day care center and not a school. Chairman Lucht asked the applicant whether she had anything to add. Ms. Sue Dunkley, representing New Horizon Enterprises, Inc. , stated that she had nothing to add to the report or the draft ordinance. Commissioner Sandstrom noted that the playground would be located in the parking lot in the case of the Med Center building. He asked how the installation of the playground would affect the parking requirements for the building. The Secretary stated that the parking requirement for the day care center was calculated at one space for every 200 sq. ft. under the "other commercial uses" category and that the 12-20-84 -1- balance of the building was calculated at the medical formula. He stated that both of these formulas were less restrictive than the retail formula which had been provided for on the site. He stated that there was, therefore, a slight surplus of parking. There followed a brief discussion regarding the requirement that half of the surface of the playground be of a pervious material. Commissioner Sandstrom asked whether the ordinance amendment would do much for day care centers in Brooklyn Center. The Secretary stated that it would open up the C1 and C2 zoning districts to day care, subject to certain restrictions and requirements. Ms. Dunkley stated that there are not that many day care centers in commercial locations anyway since day care centers are generally not profitable to locate in commercial areas. Commissiner Manson cited the fact that Brooklyn Center could still control the location of day care centers in commercial districts since none presently existed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 84039 (New Horizon Enterprises, Inc. Motion by Commissioner Ainas seconded by Commissioner Manson to recommend denial of Application No. 84039 on the basis that day care centers are not considered to be similar in nature to an educational use. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT RELATING TO DAY CARE CENTERS IN COMMERCIAL ZONING DISTRICTS Motion by Commissioner Manson seconded by Commissioner Sandstrom to recommend adoption of an ordinance amendment to allow day care centers in the C1 and C2 zoning districts by special use permit and subject to certain special conditions and requirements. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84040 (Normandale Tennis Clubs, Inc.) The Secretary then introduced the next item of business, a request for site and building plan and special use permit approval to add a multiple purpose building for basketball, volleyball, etc. to the racquet and swim club at 4001 Lakebreeze Avenue - North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84040 attached).. The Secretary explained briefly that the main building of the complex had somewhat less floor space than originally calculated and that there were more stalls provided on the west side of the site than in the original site plan approval. He stated that the combination of these factors made it possible for the new multiple purpose building to be accommodated on the site without increasing the size of the potential parking ramp that is to serve as proof-of-parking. The Secretary also noted that he had a phone conversation with a Mrs. Jackmann who lives on the west side of Azelia Avenue North across from the site in question. He related her opposition to the basketball court, but noted that she had been somewhat confused as to the nature of the addition and was unable to attend for health reasons. Chairman Lucht noted the use of the word "gymnasium" in the staff report and asked that it be changed to some other description inasmuchas gymnasiums are not permitted to abut R1 , R2, or R3 zoned property. He stated that he did not consider this to be the type of gymnasium or the type of use that was comprehended under the term "gymnasium" in the Zoning Ordinance. 12-20-84 -2- Chairman Lucht then asked the applicant whether he had anything to add. Mr. Alan Kimpell of KMR Architects, representing Normandale Tennis Clubs, stated that he had nothing to add. PUBLIC HEARING (Application No. 84040) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak. Noting that no one was present beside the applicant, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sandstrom seconded by Commissioner Manson to close the public hearing. The motion passed unanaimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84040 (Normandale Tennis Clubs) Motion by Commissioner Ainas seconded by Commissioner Sandstrom to recommend approval of Application No. 84040, 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. The new multi-purpose building shall be equipped with an automatic fire extinguishing system to meet NFPA standards which shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 3• All conditions pertaining to Application No. 83051 continue to apply to this approval. Voting in favor: Chairman Lucht, Commissoners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 84041 (City of Brooklyn Center) The Secretary then introduced the next item of business, a request for site and building plan approval to expand the retail building at 1500 69th Avenue North for use as a City liquor store. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 84041 attached) . The Secretary then reviewed with the Planning Commission the issue of exterior treatments and referred their attention to a three dimensional model of the proposed liquor store. He stated that the Commission should consider whether the mixture of treatments is consistent with past City policy. Commissioner Sandstrom asked whether the metal fascia would match the color of the cedar shakes. The Secretary responded in the affirmative. Commissioner Sandstrom asked why there was a need for expanding the building. The Secretary stated that it represented about the same amount of spaces as the City is presently leasing in the Humboldt Square Shopping Center. There followed a discussion of the exterior treatment of the building. Commissioner Sandstrom asked whether the City would allow someone else to have a mixture of treatments such as is proposed in this case. Chairman Lucht pointed out that Dale Tile has some mixture of exterior treatments on their complex. The Secretary added that the Mobil Station and Superette at 69th and Brooklyn Boulevard also would have some mixture of treatments, but were considered to be compatible and uniform in appearance. Commissioner Ainas stated that the trend in architecture is toward diversity of treatments rather than uniformity. 12-20-84 -3- Chairman Lucht stated that, although it was not a planning issue, he preferred that the City get out of the liquor business altogether. Commissioner Bernards pointed out that, if the City did phase out of the liquor business, the building would be more marketable with the expansion and site modifications proposed by the City. The Secretary explained that the City Council had decided to purchase the old 7 Eleven building for a freestanding liquor store because of the high rent that it was paying at the Humboldt Square Shopping Center. He stated that it was felt that the City could pay for the acquisition and expansion of the new liquor store through saving in rent. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 84041 (City of Brooklyn Center) Motion by Commissioner Sandstrom seconded by Commissioner Ainas to recommend approval of Application No. 84041 , 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. 3. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. 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. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. Plan approval acknowledges a "proof-of-parking" for the 33 parking spaces required for this expanded use and authorizes the deferral of up to 3 parking spaces. While the motion was on the floor, Chairman Lucht asked the Commission whether they concurred that the exterior treatment was acceptable. He asked whether it would be appropriate to require that the color of the metal fascia be compatible with the cedar shakes. The Secretary stated that such a concern would be reflected in the minutes. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:52 p.m. and resumed at 9:11 p.m. DISCUSSION ITEMS 1985 Meeting Schedule 12-20-84 -4- The Planning Commission briefly reviewed its 1985 meeting schedule. By consensus it was adopted. Draft Interim Ordinance The Secretary then reviewed with the Planning Commission the action that the City Council had taken regarding the question of directing staff to prepare a Draft Interim Ordinance. The City Council had declined to direct staff to prepare such an ordinance by a tie vote. The Secretary explained that he had prepared a memo explaining the Planning Commission's discussion of the matter at its December 6 meeting and its recommendation that the Council consider an Interim Ordinance prohibiting commercial development on vacant C2 and I-1 zoned land within the City. The Secretary stated that the Council had had questions about the specifics of the study that would be undertaken during the time of such an Interim Ordinance. He stated that the staff would consider during the next month the specifics for a proposal for a study. The Secretary then reviewed a Draft Interim Ordinance based on a similar ordinance that had been prepared by the City Attorney for the City of Independence. He also reviewed with the Commission the locations of vacant C2 zoned land and the number of acres of vacant C2 land relative to the acres of land presently developed in retail use. He stated he felt there was a need to evaluate the future development of these vacant parcels. Commissioner Sandstrom asked whether the study would look just at the vacant parcels. The Secretary answered that the study would also look at the question of whether there is a saturation point in terms of retail development in this area. He stated that the study should look not only at the highest and best use for an owner or developer, but also for the City's needs. Commissioner Sandstrom asked whether the City would not be shutting off future growth in Brooklyn Center for at least one year. The Secretary stated that industrial development would not be prohibited. Commissioner Sandstrom asked whether such a moratorium would be legal. The Secretary answered that it would be legal under State law if the City is doing a study while the moratorium is in place. Commissioner Sandstrom asked what would happen if a good use wanted to develop on some of this vacant land affected by the moratorium., The Secretary and Chairman Lucht both answered that the purpose of the study is to determine what is a good or proper use for those parcels so that the land can be appropriately zoned. The Secretary stated that a question for the Commission to resolve is whether the moratorium is to apply to retail development only or to any development of commercially zoned land. The Secretary stated that the City should not allow a development to go forward while the study is being undertaken, unless it decides to abandon the study altogether. Commissioner Bernards asked whether the City was trying to head a particular developer off. The Secretary answered in the negative. He stated that the staff were recommending a time-out to look at the best use of remaining vacant land from the community's perspective. He stated that Target has looked at a significant - development at the former Byerly's site and that this prospect has raised the question. He added, however, that the idea of the moratorium was not to stop Target, but to look at the question of retail use altogether. Commissioner Sandstrom asked whether the moratorium could be less than one year. The Secretary pointed out that if the study were completed and the recommendations 12-20-84 -5- implemented, the ordinance could be repealed allowing development in less than one year's time. Commissioner Manson asked whether a restaurant development could go ahead under the moratorium. The Secretary answered that, under the draft prepared by the staff, the answer would be yes, but that under the Planning Commission recommendation, the answer would be no. Chairman Lucht stated that the City could do the wrong thing if it prohibited only retail development. The Secretary agreed, noting that there were risks involved under either type of moratorium. There followed further discussion of the possible study to be undertaken during a moratorium and on whether the moratorium should be on only retail development or on all commercial development of C2 and I-1 zoned land. There was general agreement among the Commissioners that the moratorium should be on all commercial development, rather than on retail only. ACTION RECOMMENDING DRAFT INTERIM ORDINANCE AMENDMENT Motion by Commissioner Manson seconded by Commissioner Ainas to recommend adoption of an interim ordinance declaring a moratorium on all commercial development of vacant C2 and I-1 zoned land within the City for a period of one year during which time a study would be performed on the question of the best use of those parcels for the betterment of the community. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Sandstrom, Nelson and Bernards. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Sandstrom seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion pass d unanimously. The Planning Commission adjourned at 10:03 p.m. n Chairman 12-20-84 -6-