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HomeMy WebLinkAbout1979 05-10 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 MAY 10, 1979 REGULAR SESSION CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman Hal Pierce at 8:10 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Also present were Director of Planning and Inspection Ronald Warren, Superintend- ent of Engineering James Noska, and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES (April 19, 1979) Commissioner Erickson noted he did not vote on the approval of minutes for the meeting of March 22, 1979 as indicated in minutes for the April 19, 1979 meeting. Motion by Commissioner Lucht seconded by Commissioner Hawes to approve the minutes of the April 19, 1979 meeting of the Planning Commission as corrected. Voting in favor: Chairman Pierce, Commissioners Hawes, Manson, Lucht, Theis , Malecki and Erickson. Voting against: none. The motion passed unanimously. APPLICATION NO. 79021 (James Speckmannj After the Chairman's explanation, the first item of consideration was a preliminary plat submitted by James Speckmann for the two contiguous parcels at 5637 Brooklyn Boulevard. Noting that the applicant was not present, the Chairman decided to defer the application until later in the meeting. APPLICATION NO 79022 (New Horizon Day Care Center/Susan K._Dunkle�) The Secretary introduced the next item on the agenda, that of an application for a special use permit submitted by Susan Dunkley to operate a child care and nursery school facility in the lower level of the Berean Evangelical Free Church at 6625 Humboldt Avenue North. The Secretary noted the property is zoned Rl and the child care and nursery school facilities are allowed through a special use permit in that zoning district. He also noted that the property has previously been used for educational purposes by Faith Academy which operated a parochial school for up to 75 students ranging from kindergarten to ninth grade. The Secretary reviewed a letter of application submitted by the applicant in which it was indicated that the hours of operation would be from 6:30 a.m. to 6:00 p.m. , Monday through Friday. The center would provide care and instruction to children in age groups from 16 months to 6 years. Latch key care (before and after school ) would be provided for first graders. The Secretary reported that the City has received confirmation from the Minnesota Department of Public Welfare that the facility is licenseable for day care for approximately 60 to 75 children, ages 16 months to 7 years. He added that the City Sanitarian has indicated that certain improvements must be made to the facilities before the approval can be granted, and that the Building Inspector and Fire Inspector found no problems during a review of the premises. The Secretary then reviewed the requirements for special use permits and the recommended conditions of approval for this particular application. 5-10-79 -1- Chairman Pierce inquired what improvements had been required by the Sanitarian. The Secretary responded that those conditions were outlined in the letter which has been submitted to the Planning Commission and included various improvements to the cooking, eating and washing facilities. Commissioner Hawes asked whether the Horizon Day Care Centers had created any problems at other locations. The Secretary responded that he was not aware of any. Commissioner Erickson asked whether the operation at the Lutheran Church of the Master required a special use permit. The Secretary replied that it did and that the letters received by the City commenting on New Horizon Day Care operations were all generally favorable. Chairman Pierce recognized Mr. and Mrs. Dunkley to speak on behalf of their appli- cation. He asked whether they understood the conditions listed by the Secretary. They answered that they did. Commissioner Hawes asked whether the presence of this operation on the property would bring it back on the tax rolls. The Secretary responded that he was not aware that it would. The Dunkleys stated that the presence of a day care center in other churches has never resulted in making the property subject to property taxes. If it did, -churches would probably be unwilling to allow the operation of day care centers on their premises. Commissioner Hawes asked who the licensing authorities were for day care centers. Mr. Dunkley replied that regulation by the State is extensive. In response to a question from Chairman Pierce, Mrs. Dunkley stated that the premises afforded plenty of area for the children to play in. Commissioner Theis asked the Dunkleys whether they intended to go beyond the 75 children for which they are now licensed. Mrs. Dunkley replied that the facility is, by the State's estimate, capable of serving 90 children, but that since her application only sought approval of 75, the license only comprehends 75 at this time. The Secretary pointed out that an increase of 15 students over the permis- sion granted in the special use permit would require review by the Planning Com- mission. The applicants then discussed with the Commission the fact that a State license is generally made out to the amount desired by the applicant so long as it does not exceed the maximum permitted. The Planning Assistant suggested that the condition limiting the number of students be tied to the number allowed under the State license, but Commissioner Theis stated that since only 60 to 75 children were comprehended in the present license, he did not see any way that 90 could be approved at the present time. In response to a question from Commissioner Hawes, Mrs. Dunkley stated that the facility would be operating year round except on the six national holidays. PUBLIC HEARING Chairman Pierce then opened the meeting for a public hearing. No one spoke re- lating to the application. CLOSE PUBLIC HEARING' Motion by Commissioner Theis seconded by Commissioner Hawes to close the public hearing on Application No. 79022. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht, and Erickson. Voting against: none. The motion passed unanimously. Chairman Pierce asked the Secretary if he had any comments on the question of the number of children to be allowed The Secretary stated that he did not feel it would be appropriate to approve more than 75 at the present time. He explained that the letter from the State only indicated up to 75 students and he noted that the approval for the Faith Academy which was located at the Berean Church had also been limited to 75. 5-10-79 -2- RECOMMEND APPROVAL OF APPLICATION NO. 79022 (New Horizon Day Care Center) Motion by Commissioner Erickson secon a by Commissioner Ma ec i to recommend approval of a special use permit to be issued to Sue Dunkley to operate a New Horizon Day Care Center at the Berean Church, subject to the following conditions: 1 . The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. A copy of the current operating license shall be kept on file with the City. 4. Approval by the City Sanitarian of all cooking, eating, and washing facilities shall be granted prior to the issuance of the permit. 5. The number of students at any given time shall be limited to 75. 6. The hours of operation shall be 6:30 a.m. to 6:00 p.m. Monday through Friday. Voting in favor: Chairman Pierce, Commissioners Hawes, Manson Lucht, Erickson, Malecki and Theis. Voting against: none. The motion passed unanimously. APPLICATION NO. 79023 (Brooklyn Center Industrial Park) The Secretary introduced the next application, a rezoning request from R3 to CIA or I-1 of the easterly 72 acres of Outlot E, Twin Cities Interchange Addition. He explained that the area in question is part of an approximate 20 acre parcel that is bounded on the south by Interstate 94, on the east by Xerxes Avenue North, on the north by Shingle Creek Parkway, and on the west by single family residential property. He showed the Commission a conceptual plan of the area submitted by the applicant with two four-storey office buildings, parking, and a buffer area. The applicant, he said, has submitted a letter in which the development of 100 townhouses are tied directly to the rezoning of the property in question to CIA or I-1 , and that the applicant prefers I-1 zoning. In the letter, the applicant argues that a rezoning to I-1 is particularly appropriate because it would result in the development of the R3 zoned property putting 100 new families in Brooklyn Center; because the townhouses would buffer the industrial development from single family homes; because the goals of the Comprehensive Plan would be met by the development of the property; and because the development of the property will aid the school district. The Secretary explained that the tract of land presently zoned R3 was proposed for religious use by special use permit under Application No. 77044. That appli- cation, he said, was denied principally on the grounds that School District No. 286 would suffer a loss from tax base and potential student enrollment. The City Council had also cited other reasons for that denial such as: approval of that special use permit would set a precedent for other R3 zoned property; that it would require amendment of the Comprehensive Plan because the entire 20 acre would not be used for single family attached housing purposes that the Plan calls for in this area; and that other suitable vacant property was available in the City for the use contemplated. He also noted that other requests for re- zoning of this property have been denied in the past. 5-10-79 -3- The Secretary weighed the pros and cons of the applicant's proposal , stating that any rezoning could constitute an erosion of the Comprehensive Plan if the stated goal of promoting single family attached housing was not realized. He pointed out that CiA zoning, or even better, Cl zoning, would possibly have some merit for the area since it could serve as a buffer between a potential townhouse development and the industrial development across Xerxes Avenue North. He said that Cl uses have been considered fairly compatible with residential uses in other cases. A rezoning to I-1 of this area, however, would expand a zoning district which has ample vacant land available and would eliminate the function of Xerxes Avenue North as a buffer between residential and industrial uses. He stated some industrial uses may be more compatible than others with residential uses. But, while the applicant may have good intentions for the site, once a rezoning takes place, the City has no control over what is actually put on the land provided the use is permitted in the zoning district. The Secretary re- ferred the Commission to the Guidelines for Evaluating Rezoning Requests in Section 35-208 of the City Ordinances and indicated that the Northwest Neighbor- hood Advisory Group would be the neighborhood group to review this rezoning request before a final decision. Commissioner Hawes asked whether the rezoning request represented a speculative venture or whether an actual development proposal was accompanying it. The Secretary responded that to some extent it was speculative, but the applicant has submitted a conceptual plan showing two four storey office buildings on the site. He noted that there is little CiA property in the City. Commissioner Hawes asked what the maximum height limitation on CiA land is. The Secretary answered that the height limitation was a function of setback limitations and that the setback must be equal to the height of the building. Commissioner Hawes asked whether a 6 to 8 storey building could be put on the property with the remainder of the land being used for parking space. The Secretary answered that such a proposal was possible under the CiA zoning. In answer to a question from Commissioner Hawes regarding screening requirements, the Secretary indicated that a six foot high opaque fence and 15 ft. greenstrip would be required between CiA and residential zoned property. Regarding traffic impact, the Secretary showed the Commission a layout of the coneptual plan with a common entrance for the office and townhouse uses along Shingle Creek Parkway. In answer to Chairman Pierce, the Secretary indicated that the demarcation line between R3 and CiA zoning was a zoning line only and that no other property lines exist on the land at this time. Commissioner Theis asked whether the townhouses indicated in the conceptual plan would be on their own separate parcels. The Secretary answered that individual lots would be required if the townhouse units were owner occupied. Commissioner Theis asked the Secretary whether he considered office uses a buffer between townhouses and industrial uses. The Secretary responded that to rezone the proposed parcel to I-1 would expand a zoning district that had ample vacant land available and would surrender the use of the street as a buffer between resident- ial and industrial uses. The Cl use, on the other hand, would have some buffer function between residential and industrial uses. In answer to Commissioner Hawes, the Secretary indicated that the entrance and exit ramps on Xerxes Avenue and Highway 94 would be removed at about the time the Shingle Creek Parkway inter- change was completed. Asked when this would take place, the Superintendent of Engineering stated that completion of the bridge would probably be within one year of the bidding on the contract. 5-10-79 -4- Chairman Pierce then called on the applicant to speak on behalf of his rezoning proposal . Mr. Beisner stated that he wanted to give the Commission an idea of the overall scheme for the Brooklyn Center Industrial Park and not simply con- centrate on the parcel in question. He maintained that within roughly a year the "farm" would be mostly developed. He showed the Commission where Specu- lative Industrial Building IX would be located and indicated that another 140,000 sq. ft. of light industrial warehouse space would be constructed in the area south of Shingle Creek Parkway and- north of Highway 94. He related that Byerly's had almost concluded a contract to build on a large parcel of land south of Highway 94 and that plans for a clinic, a sporting goods store, and another high- rise apartment building were in the works. Finally, he pointed out that a major office building offering 785,000 sq. ft. of office space, would probably be built on the site directly east of the City Hall . He stated that the building known as Palmer Lake Plaza located across Shingle Creek Parkway from the site in question, was having trouble renting office space and he concluded from this that the area by Xerxes and Highway 94 does not attract office users. He indicated that the type of use contemplated for the proposed site would be similar to a Medtronics type building or Hiawatha Rubber or other light, clean, industrial uses. He emphasized that the building would probably be used one half for office and one half for manufacturing space. Mr. Beisner said that his interest was to come up with something that was workable in relation to the surrounding neighborhood. He added that he was not sure whether any of the proposed uses would turn out to be economical . Mr. Beisner then showed the Commission a number of coneptual plans developed for the site in the recent past. He stated that financing for garden apartments would be im- possible without a public subsidy. A plan showing townhouses for sale also showed the I-1 and C1A uses accompanying. Mr. Beisner confessed that he had a strong leaning toward a light industrial zoning because he was not sure that an office development could be profitable. He also argued that the industrial development would be of high quality aesthetically because it would have a direct bearing on the ability to sell the townhouses. At this point, Commissioner Theis asked the applicant which he planned to construct first, the townhouses or the industrial development. Mr. Beisner replied that they would either be built simultaneously or possibly the townhouses would be built first. Commissioner Theis asked whether the industrial development was needed to provide the financing for the townhouses. Mr. Beisner answered that this was not the case, that the Industrial Park was only interested in getting the land developed. Commissioner Theis stated that the concern of the residents is to avoid getting the cart before the horse; that is, they would prefer to see the townhouses developed first. Mr. Beisner answered that the profitability of developing townhouses for sale was questionable whereas he was confident that light industrial development would be economical . Commissioner Hawes asked the applicant if he would consider putting in 60 more townhouses if the first 100 townhouses were selling well . Mr. Beisner answered that townhouses are simply not profitable enough and added that the more townhouses were put on the site the more traffic would probably take place. Commissioner Hawes asked what the school district had to say on the subject. Mr. Rossi , Superintendent of Independ- ent School District 286, stated that the school district had no definite feelings about the proposal at this time, but that it felt there was a general need for more residentially zoned property in the school district. Mr. Beisner concurred with the tone of Mr. Rossi 's remarks, stating that the Industrial Park was very interested in getting feedback before it proceeded with elaborate plans. 5-10-79 -5- Commissioner Malecki asked why the school district's tax base was not considered an issue in the rezoning proposal . The Secretary answered that the former pro- posal for a church use on the site would have made the property tax-exempt. This proposal , on the other hand, would have no such effect. However, he adde.d, . the loss of potential students was an issue in the previous application and is also somewhat of an issue in this application. Commissioner Theis commented that the tax implications of a development could not be ascertained simply from its zoning. Different uses, he said, have different service demands as well as different tax values; and that while a church may not be taxed directly, its contribution to the community may have had a net benefit on total taxable values. PUBLIC HEARING Chairman Pierce then opened the meeting for a public hearing and recognzied Mr. Ward Olson of 3000 - 68th Avenue North. Mr. Olson spoke favorably of the pro- posal noting that it would cause less traffic than another 60 townhouse units. Commissioner Hawes asked Mr. Olson how he would feel if the commercial buildings proposed for the site became 6, 7, or 8 storey office buildings. Mr. Olson replied that he would not be in favor of such tall buildings. Marilyn Olson, of 3000 - 68th Avenue North, stated that she was very much opposed to subsidized housing because it would bring crime into the neighborhood and would reduce property values of neighboring homeowners. She stated she was in favor of a homogeneous development. Mrs. McGeary, of 3007 Thurber Road, then asked a number of questions about the Northwest Neighborhood Advisory Group. Her husband stated that he had no problem with the proposal , only that he was against rental housing on the site. Commissioner Hawes asked him if he would prefer a one storey industrial building or a 6 to 7 storey office building. Mr. McGeary replied that he would be against a tall office building, but added in response to Chairman Pierce that an office building of three stories would not be objectionable. John Cross, of 3106 Thurber Road, pointed out that one storey industrial buildings are higher than one storey office buildings or residential houses. Kate Lachenmayer, of 3001 . Thurber Road, stated she did not feel comfortable with a CIA zoning. She did not want to see anything higher than townhouse from the higher elevations to the west. Commissioner Theis asked her whether she preferred to see the top of a one storey industrial building or the side of a three storey office building. He clarified for her the fact that berms are used to shield parking lots and not the sides of buildings. The Secretary clarified for those present that buildings in the I-1 zone .do not have to be only one story in height. He explained that the staff report on the proposal responded to a request for industrial zoning and CIA zoning which has no height limitation. He expressed his opinion that the applicant is basically speculating by proposing a rezoning and that while the contemplated uses for the site may sound benign, there is no guarantee of a compatible use once the property is rezoned. It is the opinion of the staff, he said, that some use other than an industrial use would constitute a better buffer between residential uses and the Industrial Park. In response to Chairman Pierce, the Secretary then listed all of the permitted uses in the Cl zone. Commissioner Malecki reminded those present that the City, through the Zoning Ordinance, does not determine whether the R3 zoned land is developed for owner/ occupied units or rental units. In turn, she stated, it cannot control the type of industrial use on I-1 zoned land as long as that use is permitted within the zoning district. The Secretary then listed all of the uses permitted in the I-1 zone, adding that the City could not deny any of those uses on the site, were it rezoned to I-1 . Mr. Beisner countered that nearly all of the uses listed for I-1 zone already exist in the Industrial Park and are not obnoxious. He resented the negative tone taken by the Secretary in referring to the I-1 zone and added that there was no outside storaqe permitted in that zone. Mr. McGeary asked 5-10-79 -6- _ , Mr. Beisner about the possibility of conditioning the development of the Indust- rial site on the development of the R3 site. Mr. Beisner answered that he was uncertain whether townhouses would work in the area. He added that he wanted to make them work, but that the only thing that had a guaranteed profit was sub- sidized housing. Commissioner Theis asked for comments on whether restrictive covenants could be workable and whether the City's Zoning Ordinance could be changed to create a new industrial zone for this property that would allow only certain very com- patible industrial uses. Mr. Beisner commented that he did not see any partic- ular problems with restrictive covenants, that such a covenant would probably have the effect of creating its own zone, and that the Industrial Park would be receptive to some kind of proposal along that line. He reiterated that he was interested in receiving input from the neighborhood. The Secretary stated that he could not recommend establishing a new zone for a single 7z acre parcel of land. He advised against an ordinance amendment or creating a new zone and recommended that the Planning Commission evaluate the proposal on the basis of the guidelines for rezoning. Mrs. Olson warned the Commission that subsidized housing would wind up costing the City. Jerry Zyvoloski of 3013 - 68th Avenue North pointed out that if the design of the townhouses was attractive, he did not see why they would not sell . Mrs. Olson and Mrs . McGeary both concluded the comments of the residents by stating that they felt Mr. Beisner had done a good job and that the proposal submitted was a benefit to the neighborhood. CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Manson to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. TABLE APPLICATION NO. 79023 (Brooklyn Center Industrial Park) Motion by Commissioner Hawes seconded by Commissioner Lucht to table Application No. 79023 and refer it to the Northwest Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson Lucht and Erickson. Voting against: none. The motion passed unanimously. RECESS The Planning Commission recessed at 10:10 p.m. and resumed at 10:33 p.m. APPLICATION NO. 79024 (Brooklyn Center Industrial Park) The Secretary introduced the nextitem of consideration, a request for preliminary plat approval to subdivide an approximate 3 acre tract into 11 single family resi- dential lots. The parcel , he pointed out, is located adjacent to and easterly of Xerxes Avenue North, south of the freeway. It is bounded on the west by Xerxes Avenue North, on the north by the freeway ramp, on the east by Park property, and on the south by single family residential lots .that face 65th Avenue North. After a brief review of the past history of the property, the Secretary indicated that the plat is basically in order, but that two questions remain to be answered. The Secretary pointed out that one problem relates to school district boundaries which presently run through the lots on the north side of the cul -de-sac. Since this is not allowed, he said, a redrawing of the school district boundary lines would be in order, but would have to be approved by both school districts. In addition, he stated, the plat comprehends two parcels which would not be build- able if the City's 50' setback requirement off major thoroughfares were inter- preted to include rear setbacks. The Secretary noted that he first became aware of the problem this afternoon when the survey was submitted. He explained that further research into this matter and perhaps some advice from the City Attorney was needed before a recommendation could be made. 5-19-79 -7- Chairman Pierce cited one example where a single property was bounded by two major thoroughfares and in that case, he stated, the 50 ft. setback was enforced off both thoroughfares. In response to a question from Chairman Pierce, the Superintendent of Engineering indicated that the State Department of Transport- ation would not guarantee that the ramps serving Xerxes Avenue North would be abandoned at any particular time. In answer to Commissioner Hawes, the Secretary stated that if the ramps were vacated, the City would attempt to acquire the land for park purposes and in that event the setback problem would be resolved. The Superintendent of Engineering and Commissioner Hawes then discussed the potential drainage problems on the site and possible solutions. TABLE APPLICATION NO. 79024 (Brooklyn Center Industrial Park) Motion by Commissioner Lucht seconded y Commissioner Theis- to table Application No. 79024 until questions regarding rear yard setbacks from major thoroughfares are clarified. While the motion was on the floor, the Secretary suggested that perhaps a statement from the Department of Transportation could be obtained indicating when the ramps will be vacated. Chairman Pierce noted that the tabling of the application included a tabling of the public hearing on the appli cation. Commissioner Hawes desired the motion to indicate the Planning Commission acknowledges that the plat is approveable in present form except for the questions of setbacks. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Hawes, Lucht and Erickson. Voting against: none. The motion passed unanimously. APPLICATION NO. 79025 (Jarold Modeen) The next item of consideration was a rezoning request from R1 to Cl by Jarold Modeen, owner of the property at 5545 Brooklyn Boulevard. The Secretary explained that the owner was joined by the property owners of 5455, 5459 and 5501 , 5509 and 5545 Brooklyn Boulevard in proposing to rezone six single family residential lots from R1 to Cl . He pointed out that the lots are bounded on the north by the Library property and Northport Drive, on the west by Northport Park and Northport School , on the south by the Northport Clinic and on the east by the Brooklyn Boulevard frontage road. The Secretary stated that he had received a letter from the applicants arguing that the rezoning is justified because: 1 . The surrounding property is all commercially zoned and the property is not suited for residential purposes. 2. The rezoning will benefit the City. 3. There will be no adverse impact on surrounding properties if the rezoning is granted. The Secretary noted that in December of 1978, the City Council approved a rezoning of the slaughterhouse property just north of the Library site to ;Cl . In con- junction with that rezoning, he said, and in a previous request, the Southwest. Neighborhood Advisory Group had communicated its support of a rezoning of all properties from the Northport Clinic to the slaughterhouse property. The City Council requested the Planning Commission to consider a larger rezoning of this area during review of the Comprehensive Plan. The Secretary cited the recommendation of the Comprehensive Plan for Brooklyn Boulevard, which states that existing single family housing on Brooklyn Boulevard should be preserved "at least for the near future where it is an integral part of the single family residential neighborhood and not segmented therefrom by other land uses, and especially where a frontage road exists or where one can be installed. The Secretary noted that while the properties in question are somewhat isolated, they are also served by a frontage road. He also indicated that even though review of the Comprehensive Plan is underway, the rezoning request would have to be evaluated in light of the existing Comprehensive Plan. 5-10-79 _Q_ The Secretary described the lots in question as averaging roughly 140 ft. in depth with widths ranging from 101 to 171 feet. Noting that front yard setbacks off a major thoroughfare are 50 feet and rear yard setbacks in Cl zones are 40 feet, the Secretary inferred that combinations of some of the lots in question would have to take place in order to make development feasible. He also pointed out that the Planning Consultant has considered service office uses as a possi- bility for this area, recommending minimum lot widths for Cl uses along a major thoroughfare to be increased to 150 feet from the present 75 feet to encourage larger and more attractive developments, rather than allowing house coversions with numerous curb cuts. He added, however, that these considerations do not apply under the existing ordinance, and therefore, must not be considered to impinge on the property were it rezoned. The Secretary referred the Commission to the Rezoning Evaluation Policy and Review Guidelines contained in Section 35- 208. He advised that the proposal be weighed on the current criteria and that the Commission refer the rezoning request to the Southwest Neighborhood Advisory Group for review and comment. Commissioner Hawes pointed out that the Southwest Neighborhood Advisory Group had met and recommended that this rezoning request be approved. He asked whether another meeting would be necessary. The Secretary answered that that would be up to the Planning Commission. Commissioner Hawes produced a resolution passed by the Neighborhood Advisory Group pertaining to the rezoning request. Commiss- ioner Theis asked whether the rezoning request was fully petitioned. The Secretary answered that it was. In answer to Commissioner Theis, the Secretary indicated that the property just south of the lots in question was the Northport Medical Clinic and other single family homes. Chairman Pierce then asked the applicant to speak on behalf of the proposal . Mr. Modeen stated simply that the original proposal of the Southwest Neighborhood Advisory Group was amended to include the slaughterhouse property when the Mayor sought to have it rezoned last December. David Jensen of 5501 Brooklyn Boulevard argued that the property in question is obviously not suited for residential use. It is bounded on the north, east and west by commercial uses, he said. And the , people to the south of the proposal will suffer no increase in traffic since cars moving toward the site will all have to approach from the north. He felt that the request did not violate the rezoning guidelines and could not see any reasons for preserving the area as residential under the existing Comprehensive Plan. Mr. George Olson, of 5459 Brooklyn Boulevard, explained that most of the homes in the area were built before Brookdale and that the resulting development along the boulevard in the last 20 years has tended more and more to isolate the properties in question. PUBLIC HEARING Chairman Pierce then formally opened the meeting for a public. hearing. Mrs. Gloria Byrnes of 5348 Northport Drive, conceded that the applicants were in a difficult position, but contended that the people in .the neighborhood are con- cerned about the extent of commercial development along Brooklyn Boulevard and that support for the proposal is by no means unanimous. She felt that traffic would increase in the area as a result of the zoning change and that this would make the area more dangerous for children. She recommended that the Planning Commission refer the proposal to the Southwest Neighborhood Group. In rebuttal Mr. Jensen stated that the first time the Southwest Neighborhood Group called a meeting no one showed up. At the second meeting, he said, the applicants attended and one other person who objected. That makes only one objection, he contended. He allowed that while traffic patterns could be 5-10-79 -9- looked at, he did not see any likely increase over the present. He argued that the Cl zone is compatible with residential zones, and that to leave the properties residential would not make them safe for children who might live in those homes along the boulevard. Mrs. Byrnes admitted that some of the points which Mr. Jensen made were true. "However, " she stated, "the point is that many people in the neighborhood are not aware of this proposal and may not favor it if they are aware of it." Mrs. Ekberg, of 5549 Brooklyn Boulevard contended that traffic to the west is very isolated and that the impact of the boulevard is born by those who live along the frontage road. CLOSE PUBLIC HEARING Motion by Commissioner Hawes seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht, and Erickson. Voting against: none. . The motion passed unanimously. TABLE APPLICATION NO. 79025 (Darold Modeen) Motion by Commissioner Hawes seconded by Commissioner Manson to table Application No. 79025 and refer the rezoning request to the Southwest Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Pierce, Commissioners Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Secretary noted that if the Northport Clinic were included in the rezoning request, this would declassify it as a nonconforming use. Chairman Pierce asked whether there were any definite development proposals accompanying the rezoning requests. Mr. Olson replied that no development proposals exist that he is aware of. Commissioner Theis asked whether the inclusion of the Northport Medical Clinic in the rezoning request would make the notices sent to the neighborhood invalid. The Secretary answered that it would not invalidate the public hearing. Mr. Jensen complained that the people involved in the petition labored under the assumption that the additional recommendation from the Southwest Neighborhood Advisory Group was good enough for this proposal . The Secretary reviewed the history of the slaughterhouse rezoning and the re zoning of the Library property. He pointed out that when the City Council re- zoned the Library property, it refrained from rezoning the slaughterhouse property because there was no development proposal comprehended for the slaughterhouse property at that time. Mr. Jensen argued that there was no comparison between the Library and the slaughterhouse property. The Secretary stated that the recommendation of the City Council was to take up the rezoning of properties along Brooklyn Boulevard between the Northport Medical Clinic and the Library during the Comprehensive Plan review. He stated that he considered the present application premature in light of the Comprehensive Plan that is now in force. Mr. Jensen complained that the slaughterhouse property is also premature in that case. Mr. Olson asked if the Commission would rule on the proposal if the ad- visory group did return with a recommendation to approve the request, or would the Commission wait for another year? The Secretary answered that the Planning Commission could only recommend approval or denial to the City Council based on the merits of the proposal . Commissioner Theis and Chairman Pierce reminded the applicants that procedures are important in considering rezonings, that no re- zoning can be automatic, but must receive a thorough hearing. APPLICATION NO. 79026 (James S. Warren) The next item of consideration was an application for a special use permit to operate an animal hospital for the care and treatment of small animals at 413 - 66th Avenue North, submitted by James S. Warren. The Secretary noted that the site is zoned C2 and is surrounded by other commercially zoned property. Animal 5-10-79 -10- hospitals, he said, are permitted special uses within the C2 zoning district. He reviewed the contents of a letter submitted by the applicant outlining the type of care contemplated, hours of operation, and methods for dealing with health, noise, and odor concerns. A small kennel area inside the hospital would be maintained for overnight hospitalization of animals needing surgery and for no other purpose. The hours of operation would be from 9:00 a .m. to 6:00 p.m. , Monday through Friday, and 9:00 a.m. to 12:00 noon on Saturday. The Secretary referred to the Standards for Granting Special Use Permits contained in Section 35-220 and noted that there does not seem to be any conflict with the standards. The Secretary reviewed with the Commission, a layout of the proposed animal hospital indicating offices, reception room, and a waiting room located along the common wall where the area abuts other commercial uses and a kennel area located on the far easterly wall . Commissioner Theis inquired whether parking would be provided. The Secretary responded that it would and showed where the parking spaces were located on the site plan. Commissioner Hawes asked the applicant a number of questions regard- ing his business including whether he plans to offer a pickup service. Mr. Warren answered that he did not. Commissioner Manson asked whether the hospital would provide minor treatment such as shots. Mr. Warren answered that that kind of treatment would certainly be offered. Commissioner Hawes asked whether the applicant would provide service on Saturdays or Sundays. Mr. Warren answered that he would be on call for emergencies. In answer to Chairman Pierce, the applicant stated that he intended to take all requests by himself at first, but that as time went on, he would develop a referral system with another clinic. Commissioner Hawes asked if anyone would care for animals over the weekend and whether the structure would be soundproofed. Mr. Warren answered that weekend care would be provided for and that additional soundproofing would be installed around the keenel area. PUBLIC HEARING Chairman Pierce then opened the meeting for a public hearing. No one spoke relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Theis seconded by Commissioner Hawes to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht, and Erickson. Voting against: none. The motion passed unanimously. RECOMMEND APPROVAL OF APPLICATION NO. 79026 (James Warren) Following a brief discussion there was a motion by Commissioner Manson seconded by Commissioner Malecki to recommend approval of a special use permit to James S. Warren for the operation of an animal hospital subject to the following conditions: 1 . The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations including any special licensing requirements, and violation thereof shall be grounds for revocation. 3. A current copy of the applicant's license shall be kept on file with the City. 4. No boarding of animals shall be allowed except in conjunction with hospitalization. 5. The normal hours of operation shall be from 9:00 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to noon on Saturday. 5-10-79 -11- Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. Chairman Pierce left the table at 12:07 a.m. and returned at 12:08 a.m. APPLICATION NO. 79021 (James Speckmann The Secretary next reviewed Application No. 79021 submitted by James Speckmann which was a request for preliminary plat approval to combine into a common lot the property at 5637 Brooklyn Boulevard and an approximate 28' x 165' parcel adjacent to Northport Drive presently a part of the Library Terrace Addition. Noting that the survey submitted by the applicant includes only the old slaughterhouse property and the 28' x 165' sliver of land to the west, the Secretary explained that approval of the plat would create a metes and bounds description for the Library Terrace Addition which is contrary to City policy. He explained that when property is split from platted property and is combined with another parcel , all of the affected property is required to be platted thus eliminating potential metes and bounds descriptions. He recommended that either the Library Terrace Addition be included in this plat or that a separate preliminary plat for the Library property be submitted prior to the final plat approval . Any approval of the plat as presently constituted should be openly acknowledged as a departure from City policy. The Superintendent of Engineering noted that there was no precedent for allow- ing a metes and bounds description. PUBLIC HEARING Chairman Pierce then opened the meeting for a public hearing. No one spoke re- lating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Lucht seconded by Commissioner Erickson to close the public hearing. The motion passed unanimously. RECOMMEND APPROVAL OF APPLICATION NO. 79021 (James Speckmann) Motion by Commissioner Theis seconded by Commissioner Erickson to recommend approval of the preliminary plat submitted by James Speckmann under Application No. 79021 , subject to the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 3. Prior to final plat approval , the plat shall either be revised to include the Library Terrace Addition or a separate preliminary plat for the library property shall be submitted. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. APPLICATION NO. 79027 (Northbrook Alliance Church) The Secretary indicate that the applicant is seeking preliminary plat approval to combine an approximate 50 ' x 114' parcel with Lot 1 , Block 1 , J. R. Murphy Addition, to create a buildable lot to be known as Lot 1 , Block 1 , Northbrook Alliance Addition. The parcel is located westerly of Bryant Avenue and North Lilac Drive. The Secretary noted that the existing lot, part of the J. R. Murphy Addition, is substandard and, therefore, a combination is called for. 5-10-79 -12- The applicant's survey, he said, indicates that there currently is a 5' drainage and utility easement running along the easterly edge of the J. R. Murphy Addition. The applicant, he pointed out, is requesting that this easement be vacated and a new drainage and utility easement be established on the easterly edge of the combined lots that would coincide with an already existing easement along J. R. Murphy's Second Addition. The Secretary further noted that the requirement of a 50 ft. setback off a major thoroughfare would also apply to the lot in question. However, this requirement would not make the lot unbuildable. The Superintendent. of Engineering added that the City has no utilities in the easement area, and that he was checking with utility companies to see that the area is clear for construction. PUBLIC HEARING Chairman Pierce opened the meeting for a public hearing. No one spoke relating to the application. CLOSE PUBLIC HEARING Motion by Commissioner Theis seconded by Commissioner Lucht to close the public hearing. The motion passed unanimously. RECOMMEND APPROVAL OF APPLICATION NO. 79027 (Northbrook Alliance Church) Motion by Commissioner Malecki seconded by Commissioner Lucht to approve the preliminary plat for Lot 1 , Block 1 , Northbrook Alliance Addition subject to the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Secretary then asked the Planning Commission to consider starting the meeting of May 24, 1979 at 7:30 p.m. since a couple of minor business items would need to be considered at that time. Without objection, it was so ordered. ADJOURNMENT Motion by Commissioner Hawes seconded by Commissioner Manson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 12:29 a.m. 'Chairman 5-10-79 -13- 1 1