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HomeMy WebLinkAbout1986 08-28 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 AUGUST 28, 1986 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman George Lucht at 7:34 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Carl Sandstrom, Mike Nelson, Wallace Bernards and Ann Wallerstedt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairman Lucht noted that Commissioner Ainas had called to say he would be unable to attend and was excused. APPROVAL OF MINUTES .Z August 14, 1986 Motion by Commissioner Sandstrom seconded by Commissioner Nelson to approve the minutes of the August 14, 1986 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. Not voting: Commissioner Malecki. The motion passed. APPLICATION NO. 86031 (Codeco, Inc.) Following the Chairman's explanation, the Secretary introduced the first item of business, an appeal from a determination by staff that a drop-in child care service is not permitted in the Westbrook Mall shopping center under the provisions of Section 35-322, Subdivision 3q• The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86031 attached). The Secretary also suggested that the Commission recommend permitting drop-in child care centers in the C1 zone as well as the C2 zoning district. Commissioner Bernards asked what the State license does require of the drop-in child care centers. The Planner responded that such a license does not require as much in the way of program and facilities for preparing and serving meals on the property and that it does not require an outdoor play area. He added, however, that health and safety requirements would be fully applied to the space. Commissioner Wallerstedt asked whether there would be sleeping accommodations for the children. The Planner stated that that would be up to State regulations. He noted that it was not waived on the application form offered by the applicant. He also noted that the ages of the children would be from 2 to 12. In response to a question from Commissioner Wallerstedt as to allowing a drop-in service in a commercial district, the Secretary stated that day care uses are allowed in the C2 district at present, but are not permitted in shopping centers. In response to another question from Commissioner Wallerstedt, the Secretary explained that staff recommended that drop-in centers be distinguished from day care centers in the zoning ordinance. Chairman Lucht stated that if the Commission agreed with the draft ordinance amendment, it could still deny the appeal submitted by the applicant. The Secretary agreed. He stated that the staff recommended that the ordinance distinguish drop-in centers from traditional day care and that the day care provisions in the ordinance be left in tact. Chairman Lucht asked whether the use 8-28-86 -1- should be allowed in the C1 zone. The Secretary stated that he recommended the drop-in centers be allowed as a permitted use in both the C1 and C2 zoning districts. Commissioner Sandstrom suggested that the application could perhaps be speeded up by recommending approval contingent on a draft ordinance amendment. The Secretary stated that he did not recommend approving the appeal though he did recommend adoption of the ordinance amendment. He stated that, in either case, the ordinance would have to go through a first and second reading, a process much longer than the disposition of the application itself. Chairman Lucht then called on the applicant to speak. Mr. Gary Code of Codeco, Inc. stated that he would be a franchisee of Kids Time Out, a chain of drop-in day care centers. He first explained some of the features of the program including the activities that would be available for the children such as arts and crafts, movies on videos and cassettes, games, etc. He stated that the type of care is regulated by the State and that they must have one teacher for every 10 children. He also stated that the hours would be limited to a maximum of 5 consecutive hours for any child. As to the question of sleeping accommodations, Mr. Code explained that there would be no cots, but that there would be an area to relax and take a nap. In response to a question from Commissioner Malecki, Mr. Code explained the teacher-child ratios. He stated that one certified teacher would be required for each 40 children, one assistant teacher for each 20 and one aide for each 10 children. Commissioner Wallerstedt asked as to the irregularity of the care. Mr. Code stated that it would be limited to 5 hours per time. Mr. Harvey Johnson from Kids Time Out explained that the care was irregular in the sense that no one would have a prior appointment to leave their children, but that they could be brought at any time. Commissioner Wallerstedt stated that she worked four hours per day and five days per week and could leave her children at such a center for no more than five hours a day. She asked whether that is not day care. Mr. Johnson responded that he did not consider it to be day care. Commissioner Wallerstedt asked what the drop-in center would do if the child was ill. Mr. Johnson stated that the drop-in center could turn away a child if they felt that the child was ill at the time that he or she was being dropped off. Chairman Lucht asked whether all parents would carry pagers or whether that would be voluntary. Mr. Code answered that the drop-in center would strongly encourage parents to take pagers, but that sometimes these would be inconvenient. Commissioner Malecki inquired as to the cost of the service. Mr. Code stated that the charge would be $2.20 per hour for the first child and $1.10 per hour for the second child. Commissioner Bernards asked whether the drop-in center would have facilities for the handicapped child. Mr. Johnson stated that the center could accommodate most any child unless it required medical attention. Commissioner Wallerstedt asked what there would be for an 11 year old girl to do at such a center. Mr. Johnson stated that there would be puzzles, games, electronic games, and movies available. He also stated that socializing with other children her own age would be an important activity for such a child. Commissioner Wallerstedt also asked as to the wages of the help. Mr. Mr. Johnson stated that the starting pay would be $ 4.50 per hour for a teacher and somewhat lower pay for less responsible positions. Regarding the issue of irregular care, the Planner pointed out that the State of Minnesota Department of Public Welfare wants to limit drop-in centers to caring for any given child no more than 30 days per year. He stated that the State is also concerned that drop-in centers be distinguished from traditional day care and that 8-28-86 -2- the rule governing both day care and drop-in centers is being revised. He pointed out that drop-in centers were not comprehended by the original Department of Public Welfare rule governing day care centers. Chairman Lucht stated that he presumed the Commission would deny the appeal. He asked what the Commission felt about the draft ordinance amendment. Commissioner Sandstrom stated that he would recommend the draft ordinance change. Chairman Lucht asked whether such a use should also be permitted in the C1 zone. Commissioner Sandstrom responded in the affirmative. The Secretary explained that such establishments are licensed regularly and that a copy of the annual license would have to be sent to the City to confirm that it complied with the Zoning Ordinance. The Planner also noted that the State sends a notice to the City to confirm the proper zoning district prior to issuing the license and that, therefore, the City would automatically get a notice of such a use going into a commercial district. ACTION RECOMMEENDING DENIAL OF APPLICATION NO. 86031 (Codeco, Inc.) Motion by Commissioner Malecki seconded by Commissioner Sandstrom to recommend denial of Application No. 86031 and uphold the ruling of staff that a drop-in center is not permitted by ordinance to locate in a shopping center in the C2 .zoning district. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING ORDINANCE CHANGE Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend adoption of an ordinance amendment to permit drop-in day care centers as a permitted use without restriction in the C2 zoning district and defining such centers as establishments licensed by the State of Minnesota and providing care to children on an irregular and temporary basis not to exceed 5 hours per day. While the motion was on the floor, Commissioner Bernards asked how the language of the draft ordinance amendment was arrived at. The Planner pointed out that the language requires licensing by the State so that the State's regulations would be incorporated into the City's ordinances indirectly. He stated that unlicensed facilities would not be a permitted use. He stated that the ordinance provision also requires that notice be given to the City so that it may be administratively determined that a drop-in center is proposed as distinguished from a traditional day care center. He stated that the primary object of the definition section is to distinguish drop-in centers from those that provide regular ongoing care for people who leave their children at a day care center while going to work. The Secretary also pointed out that the intent of the ordinance is not to encroach on the State's authority or areas of regulation, but to address the question of land use and distinguish drop-in centers from traditional day care centers. Voting in favor of the foregoing motion: Chairman Lucht, Commissioners Malecki, Sandstrom, Bernards and Wallerstedt. Voting against: none. The motion passed. APPLICATION NO. 86032 (Spiritual Life Ministries, Inc.) The Secretary then introduced the next item of business, a request for special use permit approval to operate a religious training center in the industrial building at 1800 Freeway Boulevard. The Secretary reviewed the contents of the staff report (See Planning Commission Information Sheet for Application No. 86032 attached). Following the Secretary's presentation, Chairman Lucht asked the applicant whether he had anything to add. Mr. Butch Ellingson of Spiritual Life Ministries, Inc. addressed the Commission and requested that a substitute written guarantee of the 8-28-86 -3- installation of the proof-of-parking be accepted rather than a deed restriction. He stated that a deed restriction would be burdensome to the owner of the property and would be difficult to accomplish within the time constraints facing their operation. He then read to the Commission a letter from the property owner regarding striping and delineation of proof-of-parking stalls. Chairman Lucht pointed out that if the property were sold a deed restriction would go with the land, whereas the letter would not. Mr. Ellingson pointed out that the lease that Spiritual Life Ministries would have with Peerco, the owner of the building, would only be one and one half to three years. He stated that it would be cumbersome for the property owner to restrict the deed for the property for such a short term use. Commissioner Wallerstedt asked Mr. Ellingson to describe the organization. Mr. Ellingson stated that the function of Spiritual Life Ministries was as a training center. He stated that the organization provided assistance to local ministries in the form of medical and educational supplies. He referred to ministries in Africa and other places around the world. Chairman Lucht asked Mr. Ellingson whether Spiritual Life Ministries intended to establish their own building. Mr. Ellingson responded in the affirmative. In response to a question from Commissioner Sandstrom regarding the proof-of-parking, Mr. Ellingson stated that a plan had been developed by the staff that showed that 71 stalls could be provided on the site. Chairman Lucht asked Mr. Ellingson where Spiritual Life Ministries had been located prior to this time. W. Ellingson responded that they been at St. Andrew's Episcopal Church in Minneapolis. PUBLIC HEARING (Application No. 86032) Chairman Lucht then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Sandstrom to close the public hearing. The motion passed unanimously. There followed a discussion regarding recommended Condition No. 4 regarding proof- of-parking. Commissioner Malecki asked how difficult it would be to implement the proof-of-parking. The Secretary explained that the area was already blacktopped, but that it had not been delineated as would normally be required for permanent parking spaces. Chairman Lucht asked whether the City had accepted letters of intent in the past. The Secretary answered that the staff would definitely prefer a deed restriction, but that letters and other less formal means have been accepted in the past. The Secretary warned that the temporary can often become permanent. He pointed out, however, that the deed restriction is not an ordinance requirement for assuring proof-of-parking and probably would not be needed in the future. Chairman Lucht suggested that the letter be attached to the lease agreement and would, therefore, at least continue with the applicant's occupancy of the building. The Planner also suggested that the special use permit be reviewed after three years to consider the possibility of extending the proof-of-parking agreement based on the experience with the training center during that three year period. Chairman Lucht asked Mr. Ellingson whether these conditions were agreeable to him. Mr. Ellingson stated that they were acceptable to him and that he would check with the owner. 8-28-86 -4- ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86032 (Spiritual Life Ministries) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86032, subject to the following conditions: 1. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3• The special use permit is issued to the applicant as operator of the religious training center and is nontransferable. (This condition does not prevent a change of ownership or management of Spiritual Life Ministries, Inc., but applies to any operation wishing to use the space which is not a continuation of the operation proposed under this application). 4. The owner of the property shall agree in writing to provide the striping and delineating of up to' 71 parking stalls at the northwest corner of the site upon a determination by the City that parking demand on the site exceeds the available number of parking spaces. Said written agreement shall become a part of the lease agreement between the owner and the Spiritual Life Ministries tenant. The plan for striping and delineating parking stalls shall be subject to review and approval by the Zoning Official. 5. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 6. The special use permit shall be reviewed by the Planning Commission and the City Council three years from the date of the original approval. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 8:54 p.m. and resumed at 9:12 p.m. APPLICATION NOS. 86033 AND 86034 (Lombard Properties) Following recess, the Secretary introduced the next two items of business, a request for site and building plan approval to construct a plaza and pavilion in the central parking lot of the Shingle Creek Business Center and a request for amended special use permit approval to provide a new allocation of off-site accessory parking for the Ramada Hotel, Shingle Creek Eleven, RCM Plaza and Parkway Place on the central lot at the Shingle Creek Business Center. The Secretary reviewed the contents of the staff reports for both applications (see Planning Commission Information Sheets for Application Nos. 86033 and 86034 attached). The Secretary reviewed with the Commission the location of the central lot and the Shingle Creek Business Center, 8-28-86 -5- north of Freeway Boulevard and Shingle Creek Parkway. He also noted the location of the proposed plaza on overhead transparencies. The Secretary stated that the plaza area would not be recognized as a proof-of-parking area. Chairman Lucht asked the applicant whether he had anything to add. Mr. Steve Mosborg of Lombard Properties stated that the water park (plaza area) would be a benefit to both Lombard Properties and the City. Commissioner Wallerstedt asked whether this was the only visual break in the business center. The Secretary showed a transparency of the Shingle Creek Business Center and noted the green areas and building locations as well as parking. Commissioner Wallerstedt asked whether the ramp referred to in the report would be built. Mr. Mosborg stated that it would be built in the future only if necessary. He stated that it would only be one level above the ground. There followed a discussion of the Ramada Hotel and other developments within the Shingle Creek Business Center generally. PUBLIC HEARING (Application No. 86034) Chairman Lucht then opened the meeting for a public hearing. He noted that there was no one else present beside the applicant to speak regarding the application. He called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissiner Sandstrom to close the public hearing. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86033 (Lombard Properties) Motion by Commissioner Nelson seconded by Commissioner Malecki to recommend approval of Application No. 86033, subject to the following conditions: 1. Building, plumbing, mechanical and electrical plans for the pavilion, fountain, and pools 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. B612 curb and gutter shall be provided around all parking and driving areas. 4. Underground irrigation shall be provided in all landscaped areas to facilitate site maintenance. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. An as-built utility survey of the site shall be submitted to the City Engineer prior to release of the financial guarantee for the central lot. 7. The private road known as Parkway Circle shall be designated as a fire lane in its entirety. 8-28-86 -6- Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86034 (Lombard Properties) Motion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86034, subject to the following conditions: 1. The revised declaration establishing parking rights for the Ramada Hotel, RCM Plaza, Parkway Place, and Shingle Creek Eleven shall be reviewed and approved by the Zoning Official and the City Attorney prior to filing at the County. 2. The performance agreement and financial guarantee for the central lot and the agreement between the City and Lombard Properties for the possible construction of a ramp within that lot shall remain in effect until all need for the ramp has been removed by approved and constructed developments within the Shingle Creek Business Center. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. The Planner left at approximately 9:40 p.m. and returned at approximately 9:45 p.m. OTHER BUSINESS (Central Neighborhood Advisory Group Recommendation) i'TFe 8ecreFa-'ry ei n reviewed with a gla`nning Commission the traffic study concerning cut-through traffic between Brooklyn Boulevard and Xerxes Avenue North along 59th Avenue North. He explained that in 1985 requests had been made by people living along 59th Avenue North to address the high volume of traffic using 59th Avenue North to short-cut between Brooklyn Boulevard and Xerxes Avenue North. He noted that the City Manager and Director of Public Works had met with these people and the matter referred to the Administrative Traffic Safety Advisory Committee. It was believed that this kind of issue was the type that should be referred to a neighborhood advisory group for review and comment. Therefore, the matter had been referred to the Planning Commission which in turn referred it to the Central Neighborhood Advisory Group on March 27, 1986. The Secretary further reported that a public meeting, conducted by City staff members, was held at the Brookdale Christian Center on May 1, 1986 at which time the issue was reviewed; various alternatives were discussed; and comments from people living in the general area bounded by County Road 10 on the south, 63rd Avenue on the north, Xerxes on the east and Brooklyn Boulevard on the west were taken and recorded. The Secretary further explained that the Central Neighborhood Advisory Group had held an organizational meeting on June 17, 1986 to review the issues, alternatives and procedures for making their recommendations to the Planning Commission. That group also held a public hearing at the Hennepin County Library on July 30, 1986 at which time they deliberated and made their recommendations regarding this matter. The Secretary concluded his report by noting that the Planning Commission had received copies of all reports relating to the issue, all correspondence and comments received as well as minutes of various meetings held. He stated that the 8-28-86 -7 Central Neighborhood Advisory Group had recommended to the Planning Commission that the staff find ways to lessen traffic without barriers, such as through increased media publicity. In addition, staff should look at the feasibility of installing sidewalk along 59th Avenue between Brookyn Boulevard and Xerxes Avenue North. Commissioner Malecki asked whether signs indicating "no through traffic" had been considered or recommended. The Secretary stated that such signs had not been recommended by staff. In fact, he stated, they were opposed by staff because they become unenforceable. He offered an example of a sign on Wingard Lane which generated neighborhood opposition after a time. The Secretary further reviewed with the Commission the process of gathering public input on questions such as this through the Neighborhood Advisory Groups. ACTION REFERRING TRAFFIC STUDY (Central Neighborhood Advisory Group) Following further discussion and review there was a motion by Commissioner Nelson seconded by Commissioner Sandstrom to refer the Central Neighborhood Advisory Group r recommendation regarding cut-through traffic in the central neighborhood on 59th Avenue North to the City Council and to concur with its recommendations and conclusions. Voting in favor: Chairman Lucht, Commissioners Malecki, Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. Chairman Lucht stated that he would be unable to attend the September 11th and September 25th meetings. ADJOURNMENT Motion by Commissioner Wallerstedt and seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 9:58 p.m. airm 8-28-86 -8-