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HomeMy WebLinkAbout1985 07-11 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 JULY 11 , 1985 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:36 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Mike Nelson and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht noted that Commissioner Sandstrom had called to say that he would be unable to attend and was excused. APPROVAL OF MINUTES - JUNE 27, 1985 Motion by Commissioner Manson seconded by Commissioner Malecki to approve the minutes of the June 27, 1985 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernards. Voting against: none. The motion passed. APPLICATION NO. 85009 (Foundation Stone Ministries, Inc.) Following the Chairman's explanation, there was a motion by Commissioner Malecki seconded by Commissioner Manson to remove Application No. 85009 from the table for further consideration. The motion passed unanimously. The Secretary then introduced the first item of business, a request by Foundation Stone Ministries, Inc. for rezoning of the 4.5 acre parcel at the southwest corner of I-94 and Brooklyn Boulevard from R5 to C1. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 85009 attached) . The Secretary explained that the proposed use for the site is a church and that development plans should be submitted in the near future. The Secretary reviewed a draft resolution recommending approval of the rezoning, noting the review process and listing the reasons for the rezoning and conditions which should apply to future development. The Secretary then listed other concerns regarding the proposal that he offered for the Planning Commission's consideration. First of all, the Secretary suggested that an ordinance amendment may be needed to make churches special uses in the C1 zoning district. He also reiterated the concern regarding access to the site, that it be clearly limited to Brooklyn Boulevard. Finally, he encouraged the applicant to acquire the lots immediately south of the site along Brooklyn Boulevard in order to improve access to the site and keep it further away from the freeway. The Secretary stated that he did not think the private covenants which prohibit commercial use of those properties would prohibit a church use on those lots. Commissioner Ainas asked whether it would be possible to require the acquisition and combination of the lots to the south of the site as a condition of approval of the rezoning. The Secretary answered that he did not think the City could legally require such an acquisition. He stated that the applicant has a right to public 7-11-85 -1- access, even without acquiring additional lots. Chairman Lucht pointed out that if the church acquired additional land, it would also add potential for additional seats in the future. The Secretary acknowledged this possibility and added that the recommendation for acquiring additional lots to the south applied to whatever use came onto the property. Chairman Lucht commented as to the County's role in controlling access onto Brooklyn Boulevard. The Secretary stated that if the two lots to the south were acquired,an access across from France Avenue North might be allowed with no median. He noted that the church is an off-peak traffic generator that would not exacerbate traffic problems on Brooklyn Boulevard. Chairman Lucht then asked the applicant whether he had anything to add. Mr. Mark Anderson, of Foundation Stone Ministries, Inc., declined to add anything to the staff report. PUBLIC HEARING (Application No. 85009) Chairman Lucht then reopened the public hearing on Application 85009 and asked whether anyone present wished to speak regarding the application. Mrs. Pat Johnson of 4207 66th Avenue North and Mrs. Pat Kinch of 4218 66th Avenue North presented a petition to the Planning Commission from people in the neighborhood opposing the rezoning application. They stated that their main concerns were regarding potential access from Indiana Avenue North in the future and the likelihood that people going to the church would park in their neighborhood. Chairman Lucht pointed out that the City has stated in writing,at present and in previous actions, regarding the property that no access from 66th Avenue North would be allowed. Mrs. Pat Johnson asked why the property could not be developed with single-family homes. Chairman Lucht noted the location of the property and stated that it was probably not economically feasible for a developer to develop the property with single-family homes. In response to a question from Pat Kinch regarding overflow parking, Commissioner Malecki stated that this point was considered at the Neighborhood Advisory Group meeting. She pointed out that the Zoning Ordinance requires parking in relation to the use in question and would control the size of the church. She also pointed out that streets in the area could be posted for no parking during church services as was done in the neighborhood around St. Alphonsus Church. Chairman Lucht added that the church use is advantageous for this particular location because of the times the traffic is generated. He also stated that a church would be a better use for the property than apartments which would tend to generate traffic at peak hour periods. Mrs. Esther Jensen of 4213 66th Avenue North asked whether the City owns the access at 66th Avenue North and Indiana Avenue North. The Secretary answered in the affirmative, explaining that the area is public right-of-way. Mrs. Jensen asked what would prevent the applicant from seeking access rights from that location. The Secretary answered that the City has the same concern as the neighborhood regarding access from the west. He stated that the City controlled that access and has told developers for years that no access would be allowed from that point The Secretary went on to say that the City wanted to limit access on Brooklyn Boulevard, but that it also wanted to prevent cut-through traffic in residential neighborhoods to commercial or other major developments. He concluded by saying that the City would look at screening and fencing and other barriers around the site to prevent access from the residential neighborhood to the west. In response to another question from Mrs. Jensen, the Secretary explained that an office use of the property might be even more interested in seeking an alternate route through the residential neighborhood since it would face more difficult problems with respect 7-11-85 -2- to peak hour traffic on Brooklyn Boulevard. Mrs. Jensen asked further about the right to use the public right-of-way at 66th and Indiana Avenues North. The Secretary maintained that the City controls the access to public streets and can make parking on a residential street a difficult proposition through enforcement of a parking ban during church services. Mrs. Jensen asked whether a fence would be erected around the church site. The Secretary stated that no plans for the development have yet been submitted, but that the staff are considering the fencing off of the site as a requirement. Chairman Lucht asked whether there would be a public hearing for the development plan. The Secretary responded that, if the church is a special use, it would require a public hearing, but not if it is a permitted use as at present in the C1 zoning district. The Secretary pointed out that there are buffer and screening requirements between Cl uses and R1 uses. Mr. Paul Holmlund of 6536 Indiana Avenue North asked two questions. He asked what uses would be allowed on the property if the rezoning were approved and the church project fell through. He also asked whether apartments would be allowed if the rezoning were approved. The Secretary answered that the uses permitted in the Cl zoning district generally include office and some service uses. He clarified that no retail or repair type uses would be allowed in the Cl zoning district. He also explained that apartments would not be allowed in the Cl zoning district, unless the ordinance were amended to allow a mixture of residential and commercial uses in the Cl zoning district. Chairman Lucht asked whether the Cl zoning was consistent with the Comprehensive Plan. The Secretary responded in the affirmative, saying that the plan recommends either office or mid-density residential use on the property. Mr. Holmlund asked whether it was true that it would require an ordinance change in order to build apartments on the property if it were rezoned to C1. The Secretary responded in the affirmative. CLOSE PUBLIC HEARING Chairman Lucht then asked whether anyone present wished to speak regarding the application. Hearing none, he called for a motion to close the public hearing. Motion by Commissioner Ainas seconded by Commissioner Nelson to close the public hearing. The motion passed unanimously. Chairman Lucht stated that he wished to stress in the record the desire on the part of the City for the owner of the parcel in question to also acquire at least two residential lots immediately south of the property on Brooklyn Boulevard. The Secretary asked the applicant whether he had considered acquiring those lots. Mr. Mark Anderson stated that he had not checked into buying those houses. He stated that the plan that was being developed for the property would have enough parking on the site without those lots. He stated that the church would not want to pay a high price for the houses since they would not add that much land to the property. Noting the City's interest in having these lots combined with the property that the church was acquiring, he asked whether the City could offer any assistance in acquiring those houses through its eminent domain powers. Chairman Lucht stated that there is no redevelopment policy in place to guide the acquisition of such properties with City funds. He stated that the City does want a safe access to the church site and is concerned with the present access to the property. Mr. Anderson stated that he would like to have a left turn in and out of the church property and would look at the possibility of acquiring the additional lots in the future. In response to a question from the Secretary regarding the access problems, Mr. Anderson stated that the church has no plans at present to ask for an extension of 66th Avenue North into their site. He added that he did not think members of the 7-11-85 -3- church would climb over fences in order to get to the church. A person in the audience asked what the hours of church services would be. Mr. Anderson responded that there would likely be a 10:00 a.m. and 7:00 p.m. Sunday service and possibly a Wednesday evening prayer meeting. Commissioner Manson asked about the orientation of the church building itself. M,r. Anderson stated that it would face either northeast or southwest. There followed a discussion regarding the location of the parking on the site relative to the building and the neighborhood. Commissioner Manson asked about the size of the congregation. Mr. Anderson answered that the congregation was presently 500 members and that the new church would probably accommodate 800 people. Chairman Lucht asked the members of the Commission whether they preferred that churches be a special use in the Cl zoning district. Commissioner Manson stated that she felt churches should be special uses in the C1 zoning district as they are in the Rl and R2 districts. Commissioner Nelson asked what would be gained by making churches special uses in the Cl zoning district. The Secretary responded that proposals for a church would have to meet the standards set forth in the Zoning Ordinance for special uses. He stated that it would allow the City to conditionalize approval of such uses in a manner reflecting the concerns of the surrounding land uses. He also stated that there were severe problems with any use on this particular parcel. Commissioner Malecki asked how those concerns would not be covered by the approval process if the church were a permitted use. She pointed out that office uses would present traffic problems to a greater extent than the church in terms of peak hour traffic. She noted, however, that a special use would require a public hearing. The Secretary acknowledged this and stated that it was an important factor in bringing the neighborhood into the process. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 85009 (Foundation Stone Ministries, Inc. There was a motion by Commissioner Ainas seconded by Commissioner Malecki to recommend approval of Application No. 85009 by the adoption of Planning Commission Resolution No. 85-1 (attached) . Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernards. Voting against: none. The motion passed. RESOLUTION NO. 85-1 Member Ainas introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 85009 SUBMITTED BY FOUNDATION STONE MINISTRIES The motion for the adoption of the foregoing resolution was duly seconded by member Malecki, and upon vote being taken thereon, the following voted in favor thereof: Chairman George Lucht, Commissioners Molly Malecki, Nancy Manson, Lowell Ainas, Mike Nelson and Wallace Bernards; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. MOTION REQUESTING STAFF TO SEND NOTICES There was a motion by Commissioner Malecki seconded by Commissioner Nelson to direct staff to send notices regarding Planning Commission review of the development plans for the church to those people who receive notices of the rezoning. Voting in favor: Chairman Lucht, Commissioners Malecki, Manson, Ainas, Nelson and Bernards. Voting against: none. The motion passed. 7-11-85 -4- There followed a discussion with Mrs. Pat Johnson regarding the procedure of notifying residents. The Secretary explained that State law sets a limit to the obligation of the City to send notices at 350 feet from the subject property. Mr. Paul Holmlund and another gentleman in the audience recommended to the Commission that it make churches a special use permit in the C1 zoning district. He stated that those in the neighborhood would like to have input into the development plans for the church as they had with the plans for the office condominium development proposed a couple of years earlier. There was a brief discussion regarding the question of making churches special uses in the Cl zoning district. MOTION TO DIRECT STAFF TO PREPARE DRAFT ORDINANCE Motion by Commissioner Ainas seconded by Commissioner Manson to direct staff to prepare a draft ordinance establishing churches as a special use in the C1 zoning district. Commissioner Manson asked how other religious uses would be classified. The Secretary stated that churches and chapels would be a special use permit, but that office religious uses would not be. Voting in favor: Chairman Lucht, Commissioners Manson, Ainas, Malecki, Nelson and Bernards. The motion passed unanimously. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Ainas to adjourn the meeting of the Planning Commission. The motion passed unanimously. The P1 1 Commission adjourned at 8: 40 p.m. Chai n 7-11-85 -5- 1 1